Regular Session - March 17, 1997
1608
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8 ALBANY, NEW YORK
9 March 17, 1997
10 3:07 p.m.
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13 REGULAR SESSION
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17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
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1609
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Ask the members to
4 find their places, the staff to find their
5 places. I'd ask everybody in the chamber to
6 rise with me and join me in saying the Pledge of
7 Allegiance to the Flag and please remain
8 standing for the invocation.
9 (The assemblage repeated the
10 Pledge of Allegiance to the Flag.)
11 We're very pleased today to have
12 the Reverend Peter G. Young of the Blessed
13 Sacrament Church of Bolton Landing for the
14 invocation.
15 Father Young.
16 REVEREND PETER G. YOUNG: Thank
17 you, Senator.
18 Let us pray. Father of the poor,
19 God of love, You made all of Your people of New
20 York State to praise You and to thank You. Fill
21 us with the sense of justice. Help us in Your
22 work to take the side of the lonely, to defend
23 the newcomer, to welcome the stranger. Help us
24 to befriend the friendless, to protect the weak
25 and work for the rights of all. On our journey
1610
1 home, God, bring us together in peace, in
2 justice and in love. Amen.
3 ACTING PRESIDENT KUHL: The
4 reading of the Journal.
5 THE SECRETARY: In Senate,
6 Friday, March 14th. The Senate met pursuant to
7 adjournment. The Journal of Thursday, March
8 13th, was read and approved. On motion, the
9 Senate adjourned.
10 ACTING PRESIDENT KUHL: Hearing
11 no objection, the Journal stands approved as
12 read.
13 Presentation of petitions.
14 Messages from the Assembly.
15 Messages from the Governor.
16 Reports of standing committees.
17 The Secretary will read.
18 THE SECRETARY: Senator Trunzo,
19 from the Committee on Civil Service and
20 Pensions, offers up the following bills:
21 Senate Print 807, by Senator
22 Velella, an act to amend the Civil Service Law,
23 in relation to provisional appointments;
24 1712, by Senator Spano, an act to
25 amend the Civil Service Law, in relation to
1611
1 participation in proceedings;
2 1879, by Senator Spano, an act to
3 amend the Retirement and Social Security Law;
4 1947, by Senator Trunzo, an act
5 to amend the Civil Service Law, in relation to
6 longevity and title for investigative employees;
7 3109, by Senator Trunzo, an act
8 to amend the Civil Service Law, in relation to
9 designation as detective in certain instances.
10 Senator Velella, from the
11 Committee on Insurance, offers up the following
12 bills:
13 Senate Print 453-A, by Senator
14 Holland, an act to amend the Insurance Law, in
15 relation to the timely reimbursement of certain
16 health care providers;
17 2024, by Senator Velella, an act
18 to amend the Insurance Law, in relation to the
19 amount of uninsured;
20 2550, by Senator Johnson, an act
21 to amend the Insurance Law and the Vehicle and
22 Traffic Law;
23 2684-A, by Senator Johnson, an
24 act to amend the Insurance Law, in relation to
25 authorizing civil penalties;
1612
1 3102 by Senator Velella, an act
2 to amend the Insurance Law, in relation to the
3 retention of group life insurance;
4 3242, by Senator Velella, an act
5 to amend the Insurance Law, in relation to
6 making permanent the ability of insurers.
7 All bills directly for third
8 reading.
9 ACTING PRESIDENT KUHL: Without
10 objection, all bills are ordered directly to
11 third reading.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Marcellino.
17 SENATOR MARCELLINO: Mr.
18 President, on page number 10, I offer the
19 following amendments to Calendar Number 257,
20 Senate Print Number 2581, and ask that said bill
21 retain its place on the Third Reading Calendar.
22 ACTING PRESIDENT KUHL: The
23 amendments to Calendar Number 257 are received
24 and adopted. The bill will retain its place on
25 the Third Reading Calendar.
1613
1 Senator Marcellino.
2 SENATOR MARCELLINO: Mr.
3 President, on behalf of Senator Volker, on page
4 number 4, I offer the following amendments to
5 Calendar Number 12, Senate Print Number 270-A,
6 and ask that said bill retain its place on the
7 Third Reading Calendar.
8 ACTING PRESIDENT KUHL: The
9 amendments to Calendar Number 12 are received
10 and adopted. The bill will retain its place on
11 the Third Reading Calendar.
12 Senator Marcellino.
13 SENATOR MARCELLINO: Mr.
14 President, on behalf of Senator Maltese, I move
15 the following bill be discharged from the
16 respective committee and be recommitted with
17 instructions to strike the enacting clause, and
18 the bill being number 155.
19 ACTING PRESIDENT KUHL: So
20 ordered.
21 Senator Bruno, we do have a
22 couple of privileged resolutions at the desk.
23 If you would like to take those up at this time,
24 we could.
25 SENATOR BRUNO: Please do at this
1614
1 time, Mr. President. Thank you.
2 ACTING PRESIDENT KUHL: The
3 privileged resolution by Senator Levy, the title
4 will be read.
5 THE SECRETARY: By Senator Levy,
6 Legislative Resolution memorializing Governor
7 George E. Pataki, Governor of the state of New
8 York, to proclaim March 18th, 1997 as PTA Day in
9 the state of New York.
10 ACTING PRESIDENT KUHL: The
11 question is on the resolution. All those in
12 favor of the resolution signify by saying aye.
13 (Response of "Aye".)
14 Opposed, nay.
15 (There was no response.)
16 The resolution is adopted.
17 The Secretary will read the
18 resolution by Senator Marchi in its entirety.
19 THE SECRETARY: By Senator
20 Marchi, Legislative Resolution commemorating the
21 anniversary celebration of the 95th birthday of
22 the revered Lubavitcher Rebbe, Rabbi Menachem M.
23 Schneerson, upon the occasion of a memorial
24 reception to be held in the New York State
25 Assembly Parlor on March 19th, 1997;
1615
1 WHEREAS, the character and
2 richness of life have been richly nourished
3 through the purposeful light and devoted
4 ministry of Lubavitcher Rebbe, Rabbi Menachem M.
5 Schneerson.
6 World Jewry will pay tribute to
7 the memory of its immortal leader, Rabbi
8 Menachem M. Schneerson, the Lubavitcher Rebbe,
9 upon the occasion of the anniversary of his 95th
10 birthday.
11 The Lubavitcher Rebbe, over his
12 44 years of dedicated leadership, established
13 over 1500 Lubavitcher centers, helping people of
14 all walks of life throughout the world, from
15 Australia to Africa, from Holland to Argentina
16 and from Moscow to Jerusalem.
17 Rabbi Schneerson's educational
18 activities throughout the globe have enriched
19 and strengthened the religious, educational,
20 cultural, moral and ethical fibers of all
21 citizens of the world.
22 The Rebbe proclaimed that the
23 time of redemption has arrived and Moshiach is
24 on his way. The Rebbe called upon all citizens
25 of the world to prepare for the great redemption
1616
1 with a personal commitment to increased charity
2 and good deeds.
3 This assembled body is honored to
4 join and extend tribute to the remembrance of
5 the leading rabbi of this generation at a
6 memorial reception to be held in the Assembly
7 Parlor on Wednesday, March 19th, 1997.
8 In fitting tribute to this
9 visionary leader and learned gentleman, the
10 Assembly of the state of New York proclaims
11 April 18th, 1997 corresponding to 11 Nissan,
12 5757, the Rebbe's 95th birthday, to July 23rd,
13 1997, corresponding to 18 Tammuz, 5757, as New
14 York State's 95 days of education in tribute to
15 his educational endeavors on behalf of all
16 mankind.
17 Throughout his personal journey
18 of life, Rabbi Schneerson compiled with dignity
19 and grace decades of continued years filled with
20 philanthropic causes, humanitarian effort and
21 astute Judaic leadership justly earning the
22 devotion of his followers and the admiration and
23 respect of his fellow man; now, therefore, be it
24 RESOLVED, that this legislative
25 body commemorate the observance of the anniver
1617
1 sary of the 95th birthday of the Rebbe, Rabbi
2 Menachem M. Schneerson, upon the occasion of the
3 memorial reception to be held in the New York
4 State Assembly Parlor on March 19th, 1997; and
5 be it further
6 RESOLVED, that this legislative
7 body proclaim April 18th, 1997 to July 23rd,
8 1997 as New York State 95 days of education in
9 tribute to the educational endeavor of the
10 beloved Rebbe; and be it further
11 RESOLVED, that a copy of this
12 resolution, suitably engrossed, be transmitted
13 to Rabbi Shmuel M. Butman, Director, Lubavitch
14 Youth Organization.
15 ACTING PRESIDENT KUHL: The Chair
16 recognizes Senator Marchi, on the resolution.
17 SENATOR MARCHI: Mr. President,
18 in all my years here, I don't think I've
19 experienced -- have experienced a greater uplift
20 and inspiration than that which is imparted by
21 this observance. It takes place on an annual
22 basis and it's a tradition that goes way back
23 beyond Maimonides, who reduced all law into the
24 Torah and it's a tradition which is responsible
25 for over 1500 schools throughout the world.
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1 Their message is love. Their
2 message is hope. Their message is charitable
3 impulses to mankind. They embody certainly the
4 finest and most refined sentiments that are
5 available to mankind because of their great
6 faith which they exemplify in their conduct and
7 in their -- in their teachings throughout the
8 world.
9 The Aristotelians in scholastics,
10 by design and by education, they can look to
11 Mortimer Adler who is probably the greatest
12 scholastic scholar that we have in the Western
13 Hemisphere indigenous to our own group and this
14 is something that we -- there's a tremendous
15 debt that we have to these people. There are
16 only hundreds of thousands of them. They don't
17 number in the tens of millions, but the work
18 they do has that same force and effect that
19 maybe only millions can produce only the most
20 inspired circumstances.
21 So we have those of us who have
22 been here and all of you -- and that goes for me
23 too -- have witnessed and have been present at
24 these observances and it's been a marvelous
25 experience each and every time.
1619
1 There's going to be a further
2 ceremony, I believe, in the Assembly where
3 jointly there will be a more fitting fulfillment
4 of the expression of this Legislature to this
5 fine movement, and Rabbi Butman is carrying on.
6 I knew Rabbi Menachem Schneerson personally, had
7 the pleasure of exchanging on a one-to-one basis
8 many hours of discussion, and I can assure you
9 that anyone who went through that experience can
10 attest to its efficacy and to its inspirational
11 value.
12 So, Mr. President, I know that
13 everyone will join me, those who perhaps would
14 like to be members of this resolution, if we
15 might suggest that, if it's appropriate, Mr. -
16 that anyone -- you can all be registered unless
17 you indicate, in some way, that -
18 SENATOR BRUNO: Mr. President,
19 can we put everyone on the resolution.
20 ACTING PRESIDENT KUHL: The Chair
21 will direct the Secretary to put every member's
22 name on the resolution as co-sponsor except
23 those individuals who indicate to the Secretary
24 that they don't wish to be on the resolution.
25 SENATOR MARCHI: Thank you very
1620
1 much, Mr. President.
2 ACTING PRESIDENT KUHL: Thank
3 you, Senator Marchi.
4 Senator Paterson, why do you
5 rise?
6 SENATOR PATERSON: Mr. President,
7 I am so pleased that Senator Marchi brings this
8 resolution before us commemorating the
9 observance of the birthday of Rebbe Menachem M.
10 Schneerson, the anniversary of the observance of
11 his birthday and the teachings, as Senator
12 Marchi pointed out, that how few times in
13 history have so few young members done so much
14 for so many.
15 It is startling to know that
16 there are not that many members but yet there
17 are teachings and the charitable work that
18 they've done around the world is known
19 throughout all of the hemispheres, and we would
20 all -- speaking for myself and for the members
21 of the Minority -- would like to go on the
22 resolution and extend our best wishes to Rabbi
23 Butman and Rabbi Hecht and all of the members of
24 the Lubavitcher.
25 ACTING PRESIDENT KUHL: The
1621
1 question -- Senator Lachman.
2 SENATOR LACHMAN: I would like to
3 add my voice to that of Senator Marchi who is
4 chief sponsor and Senator Paterson and perhaps
5 with an additional dimension, since I've seen
6 the activities of the Lubavitcher movement on
7 university campuses throughout the United States
8 and can vouch for their desire to reach all
9 young people with their message, the diversity
10 of the movement which rests upon the inspiration
11 of the late Rebbe, a blessed memory. So I would
12 like to be considered part of this resolution as
13 well.
14 Thank you.
15 ACTING PRESIDENT KUHL: Is there
16 any other Senator wishing to speak on the
17 resolution?
18 (There was no response.)
19 Hearing none, the question is on
20 the resolution. All those in favor signify by
21 saying aye.
22 (Response of "Aye".)
23 Opposed, nay.
24 (There was no response.)
25 The resolution is adopted.
1622
1 We'll return to the order of
2 standing committees.
3 I'll ask the Secretary to read
4 the report of the Judiciary Committee.
5 THE SECRETARY: Senator Lack,
6 from the Committee on Judiciary, offers up the
7 following nomination:
8 As a judge for the New York State
9 Court of Claims, Francis T. Collins, of Saratoga
10 Springs.
11 ACTING PRESIDENT KUHL: The Chair
12 recognizes Senator Lack.
13 SENATOR LACK: Thank you, Mr.
14 President.
15 I would like to immediately yield
16 for purposes of seconding the nomination to the
17 Majority Leader of the state Senate, the
18 Honorable Joseph Bruno.
19 ACTING PRESIDENT KUHL: Senator
20 Bruno.
21 SENATOR BRUNO: Thank you very
22 much, Senator Lack.
23 Mr. President, I rise in support
24 of this resolution, the nomination that is
25 before us. I want to welcome the family of Tim
1623
1 Collins here to the chamber, his wife Michele,
2 his daughters, twins, Michele and Brennagh, his
3 mom and dad, Frank and Eileen, who were
4 neighbors in Glens Falls and his brothers and
5 sisters, his friends, staff that have worked
6 with Tim Collins over the years and, Mr.
7 President, this is a moment that is a very, very
8 happy and pleasant moment and a great occasion
9 in the life of any individual and yet, at the
10 same time, it is a moment of movement and when
11 there's change, it brings with it sometimes some
12 of the memories that are somewhat difficult in
13 terms of recognizing that a movement is taking
14 place and a change is taking place.
15 Tim Collins has served as my
16 executive counsel as Majority Leader since I
17 have been Majority Leader. Previous to that,
18 Tim was my chief counsel for most of the years
19 that he was with me and when Tim first applied
20 for the job of counsel, I didn't need a counsel
21 and Tim sent a resume, basically said he was
22 from Glens Falls. I was from Glens Falls and
23 would I take a look. I looked. I was impressed
24 but I said, "Tim, I don't need a counsel right
25 now."
1624
1 As I recall, he was working with
2 Senator "Chippy" Flynn and "Chippy" was leaving
3 the Senate. Tim reaches me a week later and we
4 went through the same routine. Do you -- can I
5 talk to you? We talked and, as I recall, this
6 went on three or four times and Tim finally said
7 to me, "Senator, I know that I can do the job
8 for you that you need done. I know that I can
9 help you. I will become your counsel with no
10 pay, if you will put me on until I can prove to
11 you that I am worth being on your payroll and
12 that I can make a contribution to you." Well, I
13 couldn't resist that offer but I put Tim on as
14 counsel and as an assistant counsel but not
15 without pay. We started Tim at what was the
16 entry level salary. That was about ten years
17 ago, and I can tell you that anyone that works
18 anywhere as a counsel, or otherwise, could take
19 a lesson from Tim Collins in the way he handled
20 himself and handles himself.
21 When I talk about being
22 conscientious, that's an understatement. Tim
23 would call me 10:00 o'clock on a Sunday night,
24 middle of an afternoon on a Saturday, during the
25 summer when many people were out doing other
1625
1 things. He would be on the phone or he would be
2 FAXing me information because he was working
3 always, Mr. President, with the intent of
4 preparing me for whatever might be coming up or
5 before me or something that was going to happen
6 or had happened with a report.
7 I have had a number of counsels,
8 excellent counsels, and I still do, but I am
9 going to miss Tim probably more than anyone else
10 because he, more than anyone else, has made me
11 look good. For that, I thank him.
12 The rest of the people, Tim, that
13 you leave behind are going to have one heck of a
14 challenge to follow in your footsteps and to
15 keep doing the kinds of things that you have
16 been a model for, and I think Tim can be a model
17 to anyone because he does it right. As I've
18 said, he's very objective. He doesn't have his
19 own agenda. He gives you the pros. He gives
20 you the cons and if I ask, he gives a
21 recommendation and more times than right when
22 all the facts are in, more times than not he
23 would be right and for that I thank you for all
24 the years and all the time and all the energy
25 and in my move to the Majority, Tim has been
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1 responsible for moving legislation and doing all
2 the things that the members here and staffs are
3 aware of and he does it in a way that is very
4 becoming.
5 So we're going to miss him. I'm
6 going to miss him but at the same time, I'm
7 very, very pleased that Tim will go on in great
8 public service within a large constituency doing
9 the kinds of things that I know he will do
10 extremely well in representing courts, the
11 jurisdiction in Court of Claims and he will be a
12 credit and continue to be the credit to himself
13 and to his family and to his colleagues and to
14 anyone where he is exposed and has jurisdiction
15 because when he does anything, he does it
16 right.
17 So I am totally confident that he
18 will go forward in his new position and bring
19 just great credit on this house and on himself
20 and on his family. The very, very best to Tim
21 and to Michele.
22 Thank you, Mr. President.
23 ACTING PRESIDENT KUHL: Senator
24 Lack.
25 SENATOR LACK: Thank you, Mr.
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1 President, and formally, for the record, the
2 Governor has sent the nomination of Francis T.
3 Collins of Saratoga Springs to the Senate. The
4 Judiciary Committee staff of the Senate has
5 examined the qualifications of the candidate.
6 He appeared before a hearing of the Senate
7 Judiciary Committee earlier today and was
8 unanimously -- his name, Francis T. Collins, was
9 unanimously sent to the floor of the Senate for
10 consideration this afternoon.
11 I would just like to follow the
12 Majority Leader in echoing his sentiments. For
13 those of you who are not members here, are not
14 part of the process, the job of executive
15 counsel to the Senate Majority leader is
16 probably the most stressful job that exists for
17 a staff person in the Senate, particularly at
18 end of session when bills are coming, oh,
19 probably over the door, under the door and, in
20 some cases, through the door, literally by the
21 hundreds when you're trying to figure out what's
22 going on with the Assembly and what's going on
23 in the second floor and obviously there has to
24 be an end to the process, everything then comes
25 over the counsel's desk and then he, of course,
1628
1 has to get the advice of the Senate Majority
2 Leader, of the Conference, and follow the wishes
3 on bringing the process to some kind of an end.
4 Usually that makes for a very
5 stressful counsel who would snap or "I can't
6 answer this" or "I don't know" and particularly
7 if something isn't going to be under
8 consideration and he knows that but it's the
9 Majority Leader to tell you, doesn't want to
10 waste much time in it and then, quite frankly,
11 there's been more than one confrontation over
12 the years between the person who's held that job
13 and the member who's making the request. That
14 has never, however, in my experience, included
15 Tim Collins, who probably has the best demeanor
16 of anyone I've ever met in my life to become a
17 member of the judiciary of this state.
18 I have never, under even the most
19 extraordinary circumstances of late at night
20 with bills flying all over the place, ever heard
21 Tim Collins say a mad word, use a curse word or
22 do anything in anybody's presence except to
23 answer the question to the best of his knowledge
24 and probably the first person I've ever heard in
25 that position who has ever said at least to me
1629
1 saying, "I don't know." "What do you think?"
2 "I'm sorry. I'm not really up on that. Can
3 you give me everything you know and I'll get an
4 answer for you", rather than just trying to make
5 a snap opinion or pretending that he's up on the
6 subject even though he hasn't looked at it for a
7 week and, Timmy, I got to tell you that I admire
8 that more than any other quality I've seen in
9 you and it's the ability to say, "Hey, bring me
10 up to speed and I'll find out and let you know"
11 and then he always calls back or he always hunts
12 and finds you and let's you know.
13 You're going to do wonderfully on
14 the bench. I've got to tell you -- and I guess
15 a couple people might get mad at me -- I'm a
16 little sorry that the Governor gave you best
17 Court of Claims judge, which is an A judge.
18 You're going to do wonderful in that court. I,
19 quite frankly, would like to see you really in
20 some very heavy criminal cases, doing what I
21 think you can do best as a judge, and that's
22 just my personal feelings. I'm very happy for
23 the judgeship that you got. You're going to do
24 wonderful in it. Chris Mega is here and
25 certainly knows that and is planning on that but
1630
1 I, quite frankly, think that at your age and at
2 this time having picked on a career now to go
3 into judiciary, that you can explore and go to
4 any heights possible within the judiciary, and I
5 know full well that years from now you're going
6 to do just that but watching you here for the
7 last few years and knowing how much time that
8 it's taken, you've made the decision that's
9 right for you and your family. I congratulate
10 you on that, and I hope that occasionally you'll
11 still walk back over and say hello and see how
12 we're all doing in a much more restful state
13 than you have been here from time to time.
14 I just want to personally stand
15 and offer my congratulations to you and
16 certainly look forward to working with you as a
17 member of the legislative committee of the
18 judiciary, which I just assume the chief
19 administrative judge is going to appoint you to.
20 ACTING PRESIDENT KUHL: The Chair
21 recognizes Senator Skelos on the nomination.
22 SENATOR SKELOS: Thank you, Mr.
23 President.
24 Senator Bruno mentioned earlier
25 about how when Tim first approached him about
1631
1 working for him, that he offered to work for
2 nothing. Dave Dudley and Ken Riddett are
3 wondering when they're going to start getting
4 paid, but I am delighted to stand and support
5 your nomination, Tim.
6 You know, what a difference a
7 counsel makes, and I want to congratulate,
8 number one, our Majority Leader, Joe Bruno, for
9 selecting you as his principal counsel because I
10 believe you helped our Majority Leader make this
11 institution once again a member-driven
12 institution. You've always treated me with the
13 utmost respect in my capacity as the deputy in
14 working for our Leader, and I know you've
15 treated every single member in our Conference
16 and also in the Minority, even if there was
17 disagreement, with respect and that's all that
18 we can ask for as members.
19 It's time for you to move on. I
20 know you're excited about your new challenge,
21 but let me just say that we will miss you in the
22 Senate. I will personally miss you, and I thank
23 you for being part of the process that once
24 again has made this Senate what it is today.
25 God bless you.
1632
1 ACTING PRESIDENT KUHL: Senator
2 Saland, on the nomination.
3 SENATOR SALAND: Thank you, Mr.
4 President.
5 I didn't have the opportunity to
6 congratulate Tim privately. I would like to
7 congratulate you publicly. I've certainly spent
8 some time in your office with one issue or
9 another and have always found you to be not only
10 incisive but have found you to be very
11 judicious, very judicious in the way in which
12 you analyzed issues, very tolerant of those such
13 as myself who sometimes had to be perhaps
14 explained issues which you were more familiar
15 with than I was.
16 I think that you're quite
17 obviously a credit to this institution. You're
18 obviously even more so a credit to your family.
19 You have been a credit to your profession, and I
20 think the bench and the people of the state of
21 New York will be especially well served by your
22 demeanor, by your background and certainly, I
23 think, by that very unique judicious nature that
24 seems a very part of your character. We will
25 all be very well served.
1633
1 Bless you and bless your family.
2 ACTING PRESIDENT KUHL: Senator
3 Paterson, on the nomination.
4 SENATOR PATERSON: Thank you, Mr.
5 President.
6 I didn't know Tim when he was the
7 counsel to the Insurance Committee. I only met
8 him two years ago. I met he and David Catalfamo
9 from the Governor's office and in the two years
10 that I have worked with Tim, have always found
11 him, in spite of what Senator Lack may have
12 appropriately described as some pretty tense
13 times around here, always keeping a level head
14 and always managing to be available and to
15 answer questions and actually seeming quite
16 restful and quite calm through all the tumult
17 that can come particularly at the end of
18 sessions or at the end of negotiating periods
19 and Michael Boxley, our counsel, who, in spite
20 of the fact that he is paid, believes that he is
21 not paid at all, finds that he wanted to make
22 sure that Tim was aware that we always felt that
23 we were treated with understanding and with a
24 great deal of dignity by him as the Majority's
25 counsel and we certainly wish him the greatest
1634
1 success on the Court of Claims or in any
2 endeavor that he would choose because there
3 isn't any place that he would go that we don't
4 think that he would perform quite well.
5 Thank you.
6 ACTING PRESIDENT KUHL: Senator
7 Johnson, on the nomination.
8 SENATOR JOHNSON: Yes, Mr.
9 President. I would certainly like to stand up
10 and congratulate Tim Collins on his
11 appointment. I know Michele and the family
12 would be happy to see him a bit more frequently
13 than he was seen while he was working around the
14 clock for the Senate, but I really have to say
15 that the success of Senator Bruno as Leader and
16 this body in the past several years have been
17 due in no small part to the action of Tim
18 Collins. He was always ready to speak to
19 anyone. No snap judgments, thoughtful
20 consideration, responses and, yes, it's true,
21 always a gentleman, always polite and you always
22 felt you were treated honestly and fairly by Tim
23 Collins. Certainly we're going to miss him very
24 much, but I think the court is well served by
25 having a person of his caliber on the bench.
1635
1 Thank you.
2 ACTING PRESIDENT KUHL: Senator
3 Volker, on the nomination.
4 SENATOR VOLKER: Mr. President,
5 very quickly, let me just say that anybody that
6 can do a publication on the availability of
7 promissory estoppel to defeat the statute of
8 frauds has got to be one bright fellow. That
9 was a publication that's listed in his
10 biography, by the way.
11 Let me just say to you, Tim -
12 and I think it's kind of appropriate obviously
13 on St. Patrick's Day that you be confirmed as a
14 judge. As I said during the committee
15 consideration, you're one of the people who, as
16 has been stated here, in the middle of the night
17 when everyone is screaming and yelling, just
18 kind of sit there and make everybody frustrated
19 by the fact that you just tell it like it is and
20 make people understand that you know exactly
21 where you are and where the Majority Leader is.
22 You are one of the brightest
23 people I've ever met. I have no doubt that
24 you're going to make a super judge. For us
25 here, it is kind of bittersweet, obviously, and
1636
1 I know Joe feels that and a lot of my colleagues
2 feel the same way because you have been a good
3 friend to us, as well as being a great counsel
4 and we'll all miss you, but we wish you the very
5 best for you and your family and you can be sure
6 that you go on to the judgeship with the
7 knowledge that you left a lot of good friends
8 here.
9 We'll miss you.
10 ACTING PRESIDENT KUHL: Senator
11 Seward, on the nomination.
12 SENATOR SEWARD: Thank you, Mr.
13 President.
14 This afternoon's proceedings are
15 defying the old adage that nice guys finish last
16 because, with Tim Collins becoming a judge of
17 the Court of Claims, there's one nice guy who's
18 finishing first and, Tim, as has been mentioned
19 by numerous other members already today, you
20 have been a great help to us throughout these
21 last two years. You returned phone calls, that
22 calm, concise voice on the other end of the
23 telephone or in person, always a gentleman,
24 providing assistance and information as needed
25 and advice which has always been sound and true,
1637
1 and I'm just very honored to stand to
2 congratulate you and your family. You are one
3 hard-working, conscientious gentleman of the
4 highest integrity. I know that you will be a
5 judge of the Court of Claims who will be firm
6 but fair, a credit to the judiciary and to all
7 the people of this state.
8 ACTING PRESIDENT KUHL: Senator
9 Stafford, on the nomination.
10 SENATOR STAFFORD: Thank you, Mr.
11 President.
12 I can add nothing here today, to
13 the things -- all these fine things that are
14 being said, but I do have to emphasize your home
15 area. That's rather important and also your
16 family comes from a very, very -- comes from a
17 very, very fine area, and I want to -- I want to
18 point out that some of you have heard all of
19 these very nice things that have been said.
20 First, don't ever worry about Tim
21 Collins being able to say no. He can say it
22 very well and he can make a decision, but he
23 always says it, as has been pointed out, in a
24 way that, if you ever ran out of gas in front of
25 his house, you would stop and still ask for gas,
1638
1 and also I would say this -- and I think this
2 should be pointed out, that -- and I don't want
3 to use the term "influence" or "power" because
4 those words don't go well with him, even though
5 you have them when you are counsel to the
6 Majority Leader, but when a person makes a
7 decision as objectively and sensibly and for the
8 very fine reasons that he's made the decisions
9 and leaves a position of responsibility such as
10 I mentioned, I think it really demonstrates the
11 caliber of the individual and it also
12 demonstrates the caliber of a judge that we will
13 be seeing on the Court of Claims.
14 I would say to his relatives here
15 who are responsible for him being here,
16 remember, the river never rises higher than its
17 source. Now, some of you will have to think
18 about that a little. I'm complimenting members
19 of his family, but with that, we wish everyone
20 well. The state of New York is finer because of
21 his work and will be finer because of the work
22 that you will be doing.
23 It's a pleasure to join in moving
24 the confirmation with the Leader and the other
25 members.
1639
1 ACTING PRESIDENT KUHL: Senator
2 Farley, on the nomination.
3 SENATOR FARLEY: Thank you, Mr.
4 President.
5 Tim, I rise to say, you know,
6 they always talk about judicial temperament.
7 You certainly have the judicial temperament, not
8 only to be a good judge but what a nice guy that
9 you are.
10 You know, your role as counsel to
11 the Majority Leader has classically been one
12 that makes a lot of unhappy Senators, but I
13 think you can hear this among my colleagues as
14 they speak of you with the affection but the one
15 job that you did do well, you made Majority
16 Leader look good and that's very, very difficult
17 sometimes but as you -
18 ACTING PRESIDENT KUHL: Is there
19 any other Senator wishing to speak on the
20 nomination? (Laughter)
21 SENATOR FARLEY: I only can say
22 that because Joe is my buddy and friend, but let
23 me just say this, Timmy, how proud we are of
24 you. As Senator Seward said, you do make it
25 possible for nice guys to finish first. I see
1640
1 that those two young girls of yours, those twins
2 have had enough of listening to all of this.
3 They have moved to the back row, but let me say
4 that personally I wish you all the best. I know
5 that you have sacrificed an awful lot for this
6 house in time and in your family and serving us
7 here. You've done a terrific job as counsel to
8 this Senate and we're very grateful to you and
9 we wish you well.
10 Thank you, Timmy.
11 ACTING PRESIDENT KUHL: Senator
12 Marcellino, on the nomination.
13 SENATOR MARCELLINO: I just
14 wanted to know if Saratoga Springs was in the
15 former Senator Farley's district? The -- only a
16 senior Senator would dare but, Tim, I thank
17 you. I have only been in the Senate for a
18 couple of years, as you know, and I think in my
19 short tenure here, I've placed a few problems on
20 your desk unintentioned, of course, but you
21 handled them deftly and with credit.
22 One of the things that I think
23 you should and probably haven't gotten the
24 credit you truly deserve is the part you played
25 in negotiating the breast cancer registry bill.
1641
1 Your help and your efforts made that bill
2 possible and those of us who work very hard on
3 this level and you working at your level behind
4 the scenes will never forget your efforts and we
5 thank you very much and the women of the state
6 of New York owe you a great debt.
7 ACTING PRESIDENT KUHL: Senator
8 Tully, on the nomination.
9 SENATOR TULLY: Thank you, Mr.
10 President.
11 It's very difficult to speak and
12 I won't try to emulate Senator Farley's farewell
13 address.
14 SENATOR FARLEY: Quit picking on
15 me. It's St. Patrick's Day.
16 SENATOR TULLY: But this is a
17 special occasion, as Senator Farley has
18 indicated, and I just wanted to take this
19 opportunity, Tim, to thank you for your personal
20 friendship and thank you for sharing your legal
21 acumen with me in many, many legislative
22 matters. I know this is a special occasion for
23 your wife and family who are here with you, and
24 I know Chris Mega, our colleague, who is behind
25 us who is now looking ahead with glee to your
1642
1 becoming a member of the Court of Claims is
2 very, very happy, and I would like to leave you
3 with a little trite expression that's
4 appropriate for the day.
5 May the road rise up to meet
6 you. May the wind be always at your back and
7 may the good Lord ever hold you and your family
8 in the hollow of his hand.
9 ACTING PRESIDENT KUHL: Senator
10 Libous, on the nomination.
11 SENATOR LIBOUS: Thank you, Mr.
12 President. With the exception of Senator
13 Farley, I'm sure that -
14 SENATOR FARLEY: Quit picking on
15 me.
16 SENATOR LIBOUS: -- all of my
17 colleagues who added those kind words, it's very
18 tough at this point in time to stand up and say
19 anything that they have not already said but,
20 Tim, I just want to make one point and that
21 point is that we as members oftentimes expect
22 things or demand things or sometimes are
23 somewhat unrealistic in dealing with those of us
24 -- those individuals who are working with us on
25 staff, and I can say that previously there were
1643
1 times that we would -- I would deal with
2 individuals on staff and sometimes they would
3 make you wait. They would not return phone
4 calls promptly, but I must say that whenever I
5 dealt with you, you were always a gentleman.
6 You treated me with the utmost respect. You
7 always had the Leader and the Majority's best
8 interest at heart and your decisions were always
9 based on that. That is something that I think
10 you should be very, very proud of and I'm going
11 to be sorry to see you go because, as I said, it
12 was always a pleasure to work with you and I
13 wish you the very best as you approach the Court
14 of Claims.
15 ACTING PRESIDENT KUHL: Senator
16 Levy, on the nomination.
17 SENATOR LEVY: Thank you very
18 much, Mr. President.
19 I'm delighted to have the
20 opportunity to rise with my colleagues and
21 Senator Bruno and congratulate you and your
22 family on this high honor, and I just want to
23 echo the theme of this afternoon, this lovin'
24 for Tim Collins, narrated lovin' for Tim
25 Collins, that you have just been such a great
1644
1 gentleman and shown all of us such respect.
2 Today, really, for us as members
3 of the Senate, is a bittersweet occasion. We're
4 so pleased that it -- it's the beginning of the
5 realization of your dreams for yourself and for
6 your family, but we're disappointed that you're
7 going to be leaving us because you have
8 extraordinary ability that we have all seen in
9 action, dedication, hard work. I think I would
10 make a prediction that is on the minds of
11 everybody that's here this afternoon, and that
12 is, we haven't seen the last of Tim Collins
13 sitting up there, that you will be back before
14 the Senate on another occasion and we'll be
15 confirming you to an even higher post.
16 Congratulations. All best wishes
17 and we know what an extraordinary judge you're
18 going to be.
19 ACTING PRESIDENT KUHL: Senator
20 Maziarz, on the nomination.
21 SENATOR MAZIARZ: Thank you, Mr.
22 President.
23 Tim, I want to join all my
24 colleagues in congratulating you. As you know,
25 I have only been around here for a couple of
1645
1 years but, when I first came here two years ago,
2 you were a great asset to me and I want to thank
3 you for all the courtesies you've shown me and
4 my office.
5 Someone mentioned earlier the
6 rather large flurry of activity in bills passing
7 at the very last days of session, and I want to
8 thank you, Tim, for promising me that you'd put
9 all my bills ahead of Tully's and DeFrancisco's
10 and Marchi's and you told me you would take care
11 of me second, Bruno first, Tim, and I appreciate
12 that.
13 Thank you, Mr. President.
14 ACTING PRESIDENT KUHL: Is there
15 any other Senator wishing to speak on the
16 nomination?
17 Senator Velella.
18 SENATOR VELELLA: We're all
19 paying great tribute to you, Tim, today but it
20 wasn't so rosy, I remember back in, I believe it
21 was 1994, you once wrote a memo against one of
22 my bills which I have never forgotten about.
23 However, you have certainly
24 learned the ways of Albany well. The challenges
25 that lie ahead, something that are going to be
1646
1 great and rewarding for you. I think all of us
2 in public life have to make tough decisions and
3 I'm sure, as you make this career change, you're
4 wondering what lies ahead as the night we
5 confirmed Chris Mega, he was wondering, leaving
6 the Senate and going on to something different.
7 The rewards are going to be great, not only in
8 your professional life but the opportunity which
9 you have always talked about to spend more time
10 with your family, your children, your wife, are
11 going to be there now. The demand won't be as
12 much as it was here. You've deserved that
13 luxury and you've earned it.
14 Congratulations.
15 ACTING PRESIDENT KUHL: Senator
16 Larkin, on the nomination.
17 SENATOR LARKIN: Mr. President, I
18 guess my recollection of Tim will be his so
19 sweet and soft way of calling you and saying,
20 "If you don't have anything else to do later
21 on, could you please stop by the office?
22 There's a couple of things I would like to speak
23 to you about", and I'd say, "Sure, I'll be right
24 down." "Don't rush, Senator. It's not a
25 problem" and then I would have to go to ask the
1647
1 staff, "What did we do wrong? What did we write
2 to Bruno that Bruno probably gave to Timmy and
3 said, 'Be nice, Tim. Tell him no.'"
4 When you get down to Tim, Tim had
5 a very nice way of saying to you, "Senator, it's
6 a good idea, but I'm not so sure it would please
7 the Majority Leader or your colleagues. Why not
8 try it next year" or his ever present, "You
9 know, I would really like to go to that West
10 Point football game but you've got to convince
11 Bruno that I've got to have a Saturday off."
12 But, truly, Tim, I think the
13 measure of a man as you, of being able to stand
14 up to us and tell us what we should hear, not
15 always what we want to hear, and to your wife
16 and the rest of your family, I thank them from
17 the bottom of my heart for giving of you to us.
18 To you who spend so much time of your life away
19 from your family, to make this legislative body
20 a body that can work and succeed and do the
21 things that had to be done for the people,
22 you're truly a remarkable man and as my
23 colleague Senator Lack said, I see this as a
24 stepping stone to a higher place on the bench
25 and doing great things for each and every one of
1648
1 us.
2 Thank you and thank your family.
3 ACTING PRESIDENT KUHL: Senator
4 Nozzolio, on the nomination.
5 SENATOR NOZZOLIO: Thank you, Mr.
6 President, my colleagues.
7 If there was ever a definition
8 prototype of judicial temperament written, it
9 certainly would be manifested in Tim, our
10 nominee today.
11 His modicum of calmness in the
12 sea of frustrated individuals here is
13 noteworthy, but somehow I wonder how is that
14 judicial temperament going to mix with the quiet
15 types like Senator Mega and Senator Ron Tills -
16 Assemblyman Ron Tills as part of that bar.
17 That's what is going to be Tim's challenge to
18 calm those folks down, but all kidding aside, I
19 certainly share my colleagues' fond recognition,
20 remembrances of Tim's guidance and counsel.
21 I remember my first week in this
22 chamber when I inherited the Senate Election Law
23 Committee from Senator Bruno, his kindest act
24 was to dispatch Tim to my aid, as Tim was
25 counsel to that committee under the leadership
1649
1 of Senator Bruno. That certainly was something
2 I will never forget, his guidance, counsel and
3 attention, those early days of my days here in
4 this chamber, that, ladies and gentlemen, our
5 loss certainly is the judiciary's gain, a fine,
6 fine individual and, Tim, Godspeed. I know
7 you'll do well and we're very, very proud of you
8 being on the bench.
9 ACTING PRESIDENT KUHL: Is there
10 any other Senator wishing to speak on the
11 nomination?
12 (There was no response.)
13 Hearing none, the question is on
14 the nomination of Francis T. Collins, of
15 Saratoga Springs, to become a judge of the New
16 York State Court of Claims. All those in favor
17 of the nomination signify by saying aye.
18 (Response of "Aye".)
19 Opposed, nay.
20 (There was no response.)
21 The nominee is unanimously
22 confirmed.
23 (Applause)
24 Tim, congratulations on behalf of
25 all the members. You can see there are some
1650
1 lawyers who don't anticipate practicing before
2 the Court of Claims, who chose not to speak in
3 deference to your children and family, but we
4 are also very, very pleased that your wife could
5 join you. I see her seated next to you and also
6 members of your family. To them, Godspeed and
7 we appreciate your being here to share in a
8 wonderful day in Tim Collins' life.
9 Thank you.
10 The Secretary will continue to
11 read.
12 THE SECRETARY: Senator Lack,
13 from the Committee on Judiciary, offers up the
14 following nomination: As a judge to the New
15 York State Court of Claims, Alan C. Marin, of
16 New York City.
17 ACTING PRESIDENT KUHL: Senator
18 Lack.
19 SENATOR LACK: Thank you, Mr.
20 President.
21 I rise to move the nomination of
22 Alan C. Marin, of New York City and the fourth
23 floor of this building, to be a judge of the
24 Court of Claims.
25 Alan Marin is legislative counsel
1651
1 to the Speaker of the New York State Assembly,
2 has been since 1992. He was special labor
3 counsel to the Speaker from 1979 to 1991. He
4 has served as a member of the New York State
5 Deferred Compensation Board, the state Task
6 Force on Health Insurance for Retired
7 Educational Employees, the Task Force on
8 Optional Retirement Programs and was counsel to
9 the Assembly Standing Committee on Labor. He's
10 a graduate of the Massachusetts Institute of
11 Technology and the New York University School of
12 Law.
13 The Governor has sent his
14 nomination to the Committee. The staff of the
15 Committee has examined Mr. Marin's credentials
16 and he appeared before a hearing of the
17 Judiciary Committee earlier this afternoon and
18 was unanimously moved to the floor of the Senate
19 for consideration this afternoon.
20 I've known Alan Marin well for
21 about the last 12 years after then Senate
22 Majority Leader Warren Anderson appointed me
23 Chair of the Labor Committee. It was my delight
24 to serve with an Assembly opposite member who
25 occasionally got a little cantankerous and, of
1652
1 course, since I'm known for being just like Tim
2 Collins, very cool and never losing temper and a
3 very quiet demeanor, it fell to people like Alan
4 Marin as the Assembly counsel in charge of
5 certain labor and pension programs to have to
6 work with us to calm the Senate down after his
7 Assembly Chair would raise the level of how bad
8 it can get between the two houses on those
9 issues to such a high level, and I've got to
10 tell you that Alan Marin always did it very
11 well.
12 He certainly represented the
13 viewpoint of his house, of the Assembly that was
14 in occasional disagreement with the Senate, but
15 he's a skilled negotiator. He would always
16 listen and we could always work between the two
17 houses, if not on a member-to-member basis, then
18 certainly on a staff-to-staff basis and more
19 often than not on a Senate member to Assembly
20 staff basis and Alan did that very, very well.
21 Although it has absolutely
22 nothing to do whatsoever with the job of the
23 Court of Claims, he's also an expert with
24 respect to knowing some of the finest
25 restaurants in New York City and is probably as
1653
1 close to an oenologist as the Assembly has on
2 their staff and that's probably one reason why
3 there are so many members of the Assembly staff
4 sitting in our gallery today because Alan's
5 expertise on being able to choose the right
6 wines at the right time is exceedingly well
7 known.
8 But seriously, he joins Tim
9 Collins today as two excellent examples of
10 legislative staff people that are moving to the
11 Court of Claims and then on a very serious note,
12 it's very important, I think, for the judiciary
13 to have as its members people who have
14 legislative experience. I mean, after all, in
15 our types of checks and balances, representative
16 democracy between the Executive and the
17 Legislature, there's always a well known
18 understanding of how the Executive works and how
19 the Legislature works. That's not always true
20 when it comes to the judiciary to understand how
21 the Legislature works. Even the chief judge of
22 the state of New York, Judith Kaye, has written
23 Law Review articles on the importance of knowing
24 legislative intent, of knowing how legislative
25 bodies work in terms of making judicial
1654
1 decisions and that's highly important and with
2 Tim Collins and Alan Marin, the judiciary of
3 this state is taking on two people who have had
4 an exceedingly in-depth experience in
5 legislative procedure and legislative process,
6 and in Alan Marin's case, that goes back to
7 1976.
8 So, Alan, I wish you good luck
9 and Godspeed and your years of experience here
10 will certainly serve you well in the judiciary
11 and as with Judge Collins, I hope you find your
12 way back here to say hello to us all
13 occasionally.
14 Good luck, Alan.
15 ACTING PRESIDENT KUHL: Senator
16 Paterson, on the nomination.
17 SENATOR PATERSON: Mr. President,
18 as Senator Lack pointed out, Alan Marin is the
19 counsel to the Speaker of the Assembly, Speaker
20 Silver. Prior to that, he was counsel to
21 Speaker Weprin. He began serving under Speaker
22 Fink who tragically passed away a couple weeks
23 ago and in the interim served under Speaker
24 Miller. So he -- his talents have been
25 appreciated regardless as to who was commanding
1655
1 the legal staff of the Assembly.
2 Also as Senator Lack pointed out,
3 he has a rare combination of skills when you
4 combine judicial temperament with litigation
5 experience and, of course, the knowledge of
6 legislative procedures, and so we would like to
7 wish Alan Marin well as a judge of the Court of
8 Claims.
9 This is, as the Senator pointed
10 out, something that will be an advantage for all
11 New Yorkers to have someone that has this depth
12 of experience moving to this level, but I beg to
13 disagree in a previous commendation with Senator
14 Stafford. I would think that an individual who
15 served under four Speakers and is so well
16 appreciated, that they continue to elevate this
17 person regardless as to who is actually the
18 leader of the body, that it could be said at
19 that point that the river actually is rising
20 higher than its source.
21 So I'm hoping that this will
22 continue to be the case and that we will find
23 that we're back here confirming Alan C. Marin to
24 other posts in the judiciary.
25 ACTING PRESIDENT KUHL: Senator
1656
1 Volker, on the nomination.
2 SENATOR VOLKER: Mr. President, I
3 just want to say that I have known Alan Marin
4 for many, many years and it's another one of
5 those cases that, I guess of institutional
6 memory. Alan's been around long enough that it
7 just seems like he was part of the institution
8 of the Assembly. One of the brighter fellows
9 that I've ever met, a guy who could argue with
10 you but, at the same time, was a gentleman, very
11 much in the sense like Tim Collins, a guy who
12 knows not just the legislative business but also
13 knows the law extremely well, and I think who
14 has the temperament and the ability to make a
15 tremendous judge in the Court of Claims.
16 I wish him the very best. I
17 think the only unfortunate part of it for us is
18 that Alan is another one of those people who has
19 done such yeomen efforts as far as the Assembly
20 is concerned and the Legislature. The same is
21 true with Tim Collins, that we will miss them
22 both but I know the judiciary is much the better
23 for having the both of them.
24 ACTING PRESIDENT KUHL: Senator
25 Stafford, on the nomination.
1657
1 SENATOR STAFFORD: Mr. President,
2 I mentioned in the judiciary meeting that the
3 concern of some of my colleagues here on this
4 side of the aisle, the late Si Posner was a very
5 close friend of mine and Senator Lack mentioned
6 working with the labor field. I mentioned -
7 and I say this with all the affection I can
8 muster for Si -- anyone who worked with Si
9 deserves consideration, and I think you all
10 remember very, very well but, again, I second
11 what has been said so well here. Two very fine
12 nominees here today for the Court of Claims.
13 ACTING PRESIDENT KUHL: Is there
14 any other Senator wishing to speak on the
15 nomination?
16 (There was no response.)
17 Hearing none, the question is on
18 the nomination of Alan C. Marin of New York City
19 as a judge of the New York State Court of
20 Claims. All those in favor of the nomination
21 signify by saying aye.
22 (Response of "Aye".)
23 Opposed, nay.
24 (There was no response.)
25 The nominee is unanimously
1658
1 confirmed.
2 We're very, very pleased to have
3 Mr. Marin, Justice Marin, with us who is seated
4 in the chamber to our left. Congratulations.
5 (Applause)
6 Senator Bruno, that brings us to
7 the non-controversial calendar.
8 SENATOR BRUNO: Mr. President,
9 can we call for an immediate meeting of the
10 Energy Committee in Room 123.
11 ACTING PRESIDENT KUHL: There
12 will be an immediate meeting of the Energy
13 Committee, an immediate meeting of the Energy
14 Committee in Room 123, Room 123 of the Capitol.
15 Senator Bruno.
16 SENATOR BRUNO: Mr. President,
17 can we at this time go to the non-controversial
18 calendar.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the non-controversial
21 calendar.
22 THE SECRETARY: Calendar Number
23 185, by Senator Levy, Senate Print 605, an act
24 to amend the Vehicle and Traffic Law, in
25 relation to -
1659
1 SENATOR BRUNO: Lay it aside for
2 the day.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside for the day.
5 THE SECRETARY: Calendar Number
6 235, by Senator Cook, Senate Print 1418-A, an
7 act to amend the Insurance Law, in relation to
8 motor vehicle liability insurance rates.
9 SENATOR PATERSON: Lay it aside.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside.
12 THE SECRETARY: Calendar Number
13 250, by Senator Bruno, Senate Print 706, an act
14 to amend the Vehicle and Traffic Law, in
15 relation to the disqualification of a bus driver
16 in certain instances.
17 SENATOR STAVISKY: Lay it aside.
18 SENATOR BRUNO: Lay it aside for
19 the day.
20 ACTING PRESIDENT KUHL: Lay the
21 bill aside for the day.
22 THE SECRETARY: Calendar Number
23 256, by Senator Libous, Senate Print 1231, an
24 act to amend the Uniform City Court Act, in
25 relation to acting city court judge -
1660
1 SENATOR LIBOUS: Lay it aside for
2 the day at the request of the sponsor.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside for the day at the request of the
5 sponsor.
6 THE SECRETARY: Calendar Number
7 268, Senator Holland, Senate Print 563, an act
8 to amend the General Municipal Law, in relation
9 to liability of agency projects.
10 SENATOR LEICHTER: Lay it aside.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 269, by Senator Larkin, Senate Print 1378, an
15 act to amend the General Municipal Law, in
16 relation to creating the town of Southampton
17 Community Development Agency.
18 ACTING PRESIDENT KUHL: There's a
19 home rule message at the desk. The Secretary
20 will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
1661
1 THE SECRETARY: Ayes 60.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 271, by Senator Johnson, Senate Print 1862, an
6 act to amend the Real Property Tax Law, in
7 relation to providing an exemption for capital
8 construction costs.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 SENATOR LEICHTER: Lay it aside.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 272, by Senator Leibell, Senate Print 2021, an
16 act to amend the General Municipal Law, in
17 relation to participation in certain health
18 insurance plans.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
1662
1 THE SECRETARY: Ayes 60.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 274, by Senator Larkin, Senate Print 2309, an
6 act to amend the General Municipal Law, in
7 relation to environmental facilities.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 60.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 282, by Senator Present, Senate Print 2753, an
20 act to amend Chapter 557 of the Laws of 1992,
21 relating to the sewer rent revenues.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
1663
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 60.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 297, by Senator Velella, Senate Print 2600, an
9 act to amend the Penal Law, in relation to
10 including certain documents relating to
11 ownership of a motor vehicle.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first day of
16 November.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 60.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 320, by Senator Maziarz, Senate Print 507, an
25 act to amend the Vehicle and Traffic Law, in
1664
1 relation to violations involving passing a
2 stopped school bus.
3 SENATOR BRUNO: Lay it aside for
4 the day.
5 ACTING PRESIDENT KUHL: Lay the
6 bill aside for the day.
7 Senator Bruno, that completes the
8 reading of the non-controversial calendar.
9 Senator Bruno.
10 SENATOR BRUNO: Mr. President,
11 can we lay aside whatever the controversial
12 calendar is for the day and stand at ease
13 awaiting the report of the Energy Committee
14 which hopefully will be shortly.
15 ACTING PRESIDENT KUHL: The
16 Senate will stand at ease awaiting the report of
17 the Energy Committee.
18 SENATOR PATERSON: Mr. President.
19 ACTING PRESIDENT KUHL: Senator
20 Paterson, why do you rise?
21 SENATOR PATERSON: Mr. President,
22 I would like to announce a Conference of the
23 Minority that will convene at 4:45 in the
24 Minority Conference Room, Room 314; at 4:45, a
25 Conference of the Minority.
1665
1 ACTING PRESIDENT KUHL: Senator
2 Skelos, you don't have any problem with that
3 announcement, do you?
4 SENATOR SKELOS: The Minority can
5 meet whenever they wish.
6 ACTING PRESIDENT KUHL: There
7 will be a meeting of the Minority Conference in
8 the Minority Conference Room, Room 314, at
9 4:45. Minority Conference in the Minority
10 Conference Room, Room 314, at 4:45. The Senate
11 stands at ease.
12 (Whereupon, the Senate stood at
13 ease from 4:12 until 4:25 p.m.)
14 ACTING PRESIDENT KUHL: The
15 Senate will come to order.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President,
18 if we could return to reports of standing
19 committees, I believe there's a report of the
20 Energy Committee at the desk. I ask that it be
21 read.
22 ACTING PRESIDENT KUHL: The
23 Senate will return to the order of standing
24 committees. There is a report of the Energy
25 Committee at the desk.
1666
1 The Secretary will read.
2 THE SECRETARY: Senator Seward,
3 from the Committee on Energy and
4 Telecommunications, offers up the following
5 bill:
6 Senate Print 3486, by Senator
7 Seward, an act to amend the Public Service Law
8 and the Uniform Commercial Code, in relation to
9 the financing of electric utility costs.
10 ACTING PRESIDENT KUHL: Without
11 objection, the bill is ordered directly to third
12 reading.
13 Senator Skelos.
14 SENATOR SKELOS: Is there any
15 other housekeeping at the desk? There being no
16 further business, I move we adjourn until
17 Tuesday, March 18th, at 3:00 p.m. sharp.
18 ACTING PRESIDENT KUHL: Without
19 objection, hearing no objection, the Senate
20 stands adjourned until tomorrow, March 18th,
21 Tuesday, at 3:00 p.m.
22 (Whereupon, at 4:27 p.m., the
23 Senate adjourned.)
24
25