Regular Session - June 8, 1998
4090
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9 ALBANY, NEW YORK
10 June 8, 1998
11 3:07 p.m.
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14 REGULAR SESSION
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18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
19 STEVEN M. BOGGESS, Secretary
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4091
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 the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag. )
7 May we bow our heads that
8 moment of silence.
9 (A moment of silence was
10 observed. )
11 The reading of the Journal,
12 please.
13 THE SECRETARY: In Senate,
14 Sunday, June 7th. The Senate met pursuant to
15 adjournment. Senator Farley in the chair,
16 upon designation of the Temporary President.
17 The Journal of Saturday, June 6, was read and
18 approved. On motion, the Senate adjourned.
19 THE PRESIDENT: Without objec
20 tion, the Journal stands approved as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
4092
1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Marcellino.
5 SENATOR MARCELLINO: Thank you,
6 Madam President.
7 Amendments are offered to the
8 following Third Reading Calendar bills: On
9 behalf of Senator Alesi, on page number 4,
10 Calendar Number 40, Senate Print Number 4942C;
11 On behalf of Senator Farley,
12 page 13, Calendar Number 502, Senate Print
13 Number 4246;
14 On behalf of Senator Balboni,
15 on page number 17, Calendar Number 618, Senate
16 Print Number 6995;
17 On behalf of Senator Wright,
18 page number 23, Calendar Number 737, Senate
19 Print Number 7318;
20 On behalf of Senator Skelos,
21 page number 31, Calendar Number 922, Senate
22 Print Number 6427D;
23 On behalf of Senator Maziarz,
24 on page 33, Calendar Number 952, Senate Print
25 Number 7248A;
4093
1 On behalf of Senator Libous, on
2 page number 33, Calendar Number 958, Senate
3 Print Number 6145B;
4 On behalf of Senator Kuhl, on
5 page number 42, 1117 is the Calendar Number,
6 Senate Print Number 6743.
7 Madam President, I now move
8 these bills retain their place on the Third
9 Reading Calendar.
10 THE PRESIDENT: Amendments
11 received.
12 Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Madam President.
15 I would like to place a
16 sponsor's star on my bill, Calendar Number 52.
17 THE PRESIDENT: So ordered.
18 SENATOR LIBOUS: And on behalf
19 of Senator Alesi, Madam President, I wish to
20 call up his bill, Print Number 6133A, recalled
21 from the Assembly, which is now at the desk.
22 THE PRESIDENT: The secretary
23 will read.
24 THE SECRETARY: Calendar Number
25 760, by Senator Alesi, Senate Print 6133A, an
4094
1 act to amend the General Business Law.
2 SENATOR LIBOUS: I move to
3 reconsider the vote by which this bill was
4 passed.
5 THE PRESIDENT: Call the roll
6 on reconsideration, please.
7 (The Secretary called the roll
8 on reconsideration. )
9 THE SECRETARY: Ayes 37.
10 SENATOR LIBOUS: I offer the
11 following amendments.
12 THE PRESIDENT: Amendments
13 received.
14 Senator Meier.
15 SENATOR MEIER: Madam
16 President, I wish to call up my bill, Print
17 Number 6927A, recalled from the Assembly,
18 which is now at the desk.
19 THE PRESIDENT: Secretary will
20 read.
21 THE SECRETARY: Calendar Number
22 887, by Senator Meier, Senate Print 6927A, an
23 act to amend the Military Law.
24 SENATOR MEIER: Madam
25 President, I now move to reconsider the vote
4095
1 by which the bill was passed.
2 THE PRESIDENT: Call the roll
3 on reconsideration, please.
4 (The Secretary called the roll
5 on reconsideration. )
6 THE SECRETARY: Ayes 37.
7 SENATOR MEIER: Madam Presi
8 dent, I now offer the following amendments.
9 THE PRESIDENT: Amendments
10 received.
11 SENATOR MEIER: Madam
12 President, I wish to call up Senator Spano's
13 bill, Print Number 5372B, recalled from the
14 Assembly, which is now at the desk.
15 THE PRESIDENT: Secretary will
16 read.
17 THE SECRETARY: Calendar Number
18 73, by Senator Spano, Senate Print 5372B, an
19 act to amend the Social Services Law.
20 SENATOR MEIER: I now move to
21 reconsider the vote by which this bill was
22 passed.
23 THE PRESIDENT: Call the roll
24 on reconsideration, please.
25 (The Secretary called the roll
4096
1 on consideration. )
2 THE SECRETARY: Ayes 37.
3 SENATOR MEIER: Madam Presi
4 dent, I now offer the following amendments.
5 THE PRESIDENT: Amendments
6 received.
7 SENATOR MEIER: Madam
8 President, I wish to call up Senator Saland's
9 bill, Print Number 5563, recalled from the
10 Assembly which is now at the desk.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: Calendar Number
14 423, by Senator Saland, Senate Print 5563, an
15 act to authorize the Commissioner of General
16 Services.
17 SENATOR MEIER: I now move to
18 reconsider the vote by which this bill was
19 passed.
20 THE PRESIDENT: Call the roll
21 on reconsideration, please.
22 (The Secretary called the roll
23 on reconsideration. )
24 THE SECRETARY: Ayes 37.
25 SENATOR MEIER: Madam Presi
4097
1 dent, I now offer the following amendments.
2 THE PRESIDENT: Amendments
3 received.
4 SENATOR MEIER: Thank you,
5 Madam President.
6 THE PRESIDENT: Senator Rath.
7 SENATOR RATH: Madam President,
8 I wish to call up my bill, Print Number 3636,
9 recalled from the Assembly, which is now at
10 the desk.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: Calendar Number
14 9, by Senator Rath, Senate Print 3636, an act
15 to amend the General Municipal Law.
16 SENATOR RATH: Madam President,
17 I now move to reconsider the vote by which
18 this bill was passed.
19 THE PRESIDENT: Call the roll
20 on reconsideration, please.
21 (The Secretary called the roll
22 on reconsideration. )
23 THE SECRETARY: Ayes 37.
24 SENATOR RATH: Madam President,
25 I now offer the following amendments.
4098
1 THE PRESIDENT: Amendments
2 received.
3 Senator Farley.
4 SENATOR FARLEY: Thank you,
5 Madam President. Would you please place a
6 sponsor's star on Calendar 870, Senate Print
7 6676, and on Calendar 872, S. 7375.
8 ACTING PRESIDENT MEIER: So
9 ordered.
10 The Secretary will now read the
11 substitutions.
12 THE SECRETARY: On page 47,
13 Senator Marcellino moves to discharge from the
14 Committee on Rules, Assembly Bill Number
15 5982A, and substitute it for the identical
16 Third Reading Calendar 1192.
17 On page 47, Senator Hannon
18 moves to discharge from the Committee on Rules
19 Assembly Bill Number 10851 and substitute it
20 for the identical Third Reading Calendar 1193.
21 ACTING PRESIDENT MEIER:
22 Substitutions ordered.
23 Senator Skelos.
24 SENATOR SKELOS: Mr.
25 President, there is a resolution at the desk
4099
1 sponsored by Senator Lack. May we please have
2 the title read and move for its immediate
3 adoption.
4 ACTING PRESIDENT MEIER: The
5 Secretary will read the title.
6 THE SECRETARY: By Senator Lack,
7 Legislative Resolution 3812, honoring Peter
8 White, a social studies teacher at Northport
9 High School, upon the occasion of his selec
10 tion as New York State Teacher of the Year.
11 ACTING PRESIDENT MEIER: The
12 question is on the resolution. All those in
13 favor of the resolution signify by saying aye.
14 (Response of "Aye.")
15 Opposed nay.
16 (There was no response. )
17 The resolution is adopted.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 there is a concurrent resolution at the desk,
21 3617; I ask that the title be read and move
22 for its immediate adoption.
23 ACTING PRESIDENT MEIER: The
24 Secretary will read.
25 THE SECRETARY: By Senator
4100
1 Bruno, Concurrent Resolution 3617 of the Sen
2 ate and Assembly, authorizing the Temporary
3 President of the Senate and the Speaker of the
4 Assembly to file an election to make certain
5 officers and employees of joint legislative
6 employers eligible for the retirement incent
7 ive offered by Chapter 41 of the Laws of 1997
8 as extended by Chapter 47 of the Laws of 1998
9 as amended.
10 The Assembly sends for concur
11 rence Assembly Concurrent Resolution 2336,
12 identical with Senate Concurrent Resolution
13 3617.
14 ACTING PRESIDENT MEIER:
15 Substitution ordered.
16 The question is on resolu
17 tion. All those in favor signify by saying
18 aye.
19 (Response of "Aye.").
20 Opposed nay.
21 (There was no response. )
22 The resolution is adopted.
23 Senator Skelos.
24 SENATOR SKELOS: Mr. President,
25 there is another resolution at the desk,
4101
1 Number 3616; I ask that the title be read and
2 move for its immediate adoption.
3 ACTING PRESIDENT MEIER:
4 Secretary will read.
5 THE SECRETARY: By Senator
6 Bruno, Senate Resolution 3616, authorizing the
7 Temporary President of the Senate to file an
8 election to make certain officers or employees
9 of the Senate eligible for the retirement
10 incentive offered by Chapter 41 of the Laws of
11 1997 as extended by Chapter 47 of the Laws of
12 1998 as amended.
13 ACTING PRESIDENT MEIER: On the
14 resolution, all those in favor signify by
15 saying aye.
16 (Response of "Aye.").
17 Opposed nay.
18 (There was no response. )
19 The resolution is adopted.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 there is a resolution at the desk sponsored by
23 Senator Wright, which was adopted on June 2nd.
24 May we please have it read in its entirety?
25 ACTING PRESIDENT MEIER: The
4102
1 Secretary will read.
2 THE SECRETARY: By Senator
3 Wright, Legislative Resolution 3730, congrat
4 ulating and commending the 1998 New York State
5 winners of the United States Small Business
6 Administration Small Business Awards.
7 Whereas, small business owners
8 embody the entrepreneurial spirit which has
9 fueled the economy of our country since its
10 founding; and
11 Whereas, small businesses
12 create two out of every three new jobs and
13 train most workers entering our economy. They
14 account for 99.7 percent of all United States
15 employers and employ 60 percent of the private
16 work force. Small businesses are responsible
17 for 54 percent of all United States sales.
18 They account for 40 percent of the Gross
19 National Product and 21 percent of the
20 nation's exports. Small business owners
21 contribute significantly to New York State,
22 risking their personal wealth and devoting
23 countless hours to their businesses in order
24 to provide jobs and produce goods and services
25 for the people of the state of New York; and
4103
1 Whereas, each year the United
2 States Small Business Administration, in part
3 nership with public and private sector small
4 business supporters, honors the outstanding
5 contributions of small business persons, advo
6 cates and exporters. The SBA's annual Small
7 Business Awards program recognizes the impor
8 tant contributions the small business commun
9 ity makes to the nation and the state's econ
10 omy in stimulating the economy and in creating
11 new job opportunities; and
12 Whereas, this legislative body
13 is proud to recognize and applaud the 1998 New
14 York State recipients of the United States
15 Small Business Administration's Small Business
16 Awards, all of whom exemplify the drive and
17 determination of small business people who
18 have brought success to both themselves and
19 New York State and to commend them for their
20 hard work and dedication to their businesses
21 and their communities; and
22 Whereas, the 23 1998 New York
23 State Small Business Award winners are: Small
24 Business Person of the Year, Christian
25 DelPrince, President of DelPrince Fashions,
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1 Limited, Buffalo District; Lawrence A.
2 Castiglia, President of Tennyson Machine
3 Company, Incorporated, New York District;
4 Gilbert Rivera, President of M & G Water
5 proofing, Incorporated, New York District; and
6 William G. Ballard, President of Norwich Aero
7 Products, Incorporated, Syracuse District.
8 Minority Small Business
9 Advocate of the Year, Dorothy C. Johnson,
10 President of Johnson Security, Incorporated,
11 New York District. Women in Business Advocate
12 of the Year, Gretchen E. Stringer, Senior
13 Vice-president of the Non-profit Management
14 Center, Buffalo District; Judith K. Beckman,
15 Managing Director of Financial Solutions, New
16 York District; and Marilyn McCall Wiles,
17 President of ALERT, Syracuse District.
18 Veteran Small Business Advocate
19 of the Year, Gary R. Heuck, Local Veterans
20 Employment Representative, New York State
21 Department of Labor, Buffalo District; Michael
22 J. Handy, Director of the New York City
23 Mayor's Office of Veterans' Affairs, New York
24 District; and Harold E. Schultz, National
25 Service Officer/Supervisor, Disabled American
4105
1 Veterans, Syracuse District.
2 Accountant Advocate of the
3 Year, James T. Keefe, partner at Fiddler and
4 Company, Buffalo District; and Rochelle C.
5 Barnett, partner at Marks Shron & Company, New
6 York District.
7 Financial Services Advocate of
8 the Year, Brenda L. Copeland, President and
9 Director of the Bank of Castile, Buffalo
10 District; Roslyn D. Goldmacher, Executive
11 Director of the Long Island Development
12 Corporation, New York District; and David
13 Terrenzio, Senior Vice-president and Senior
14 Loan Officer of the New York Business
15 Development Corporation and the Empire State
16 Certified Development Corporation, Syracuse
17 District.
18 Media Advocate of the Year,
19 Sylvia F. Paterson, Independent Television
20 Producer, New York District; and Elizabeth
21 Doran, Reporter, Syracuse Newspapers, Syracuse
22 District.
23 Small Business Exporter of the
24 Year, Olga Cohen, President of Olga G. Marcus
25 Cosmetics, Incorporated, New York District and
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1 Jason Levinthal, President of Line Skiboards
2 Manufacturing, Incorporated, Syracuse District
3 Phoenix Award, Ursula Garreau
4 Rickenbacher, President and Chief Executive
5 Officer of Ursula of Switzerland, Syracuse
6 District; and Jeanie D. Roberts, Executive
7 Director of the American Red Cross, Clinton
8 Northern Essex Chapter, Syracuse District.
9 Welfare to Work Award, Richard
10 W. Rank, President of Rank's IGA, Buffalo
11 District.
12 Whereas, all these United
13 States Small Business Administration Award
14 winners have contributed through their success
15 and involvement in the small business sector
16 to the economic strength of their communities,
17 their state and their country; and
18 Whereas, these New Yorkers
19 exemplify the values of diligence, initiative
20 and independence which make small business
21 such a vital sector of New York State's
22 economy; now, therefore, be it
23 Resolved, that this legislative
24 body pause in its deliberations to extend its
25 congratulations to these New Yorkers upon the
4107
1 occasion of their designation by the United
2 States Small Business Administration as 1998
3 Small Business Award winners and to express
4 its pleasure at having the opportunity to
5 honor them at a luncheon to be held on Monday,
6 June 8, 1998; and be it further
7 Resolved, that copies of this
8 resolution, suitably engrossed, be transmitted
9 to the aforementioned honorees.
10 SENATOR SKELOS: Mr. President.
11 ACTING PRESIDENT MEIER:
12 Senator Skelos.
13 SENATOR SKELOS: Prior to your
14 recognizing Senator Wright, there will be an
15 immediate meeting of the Rules Committee in
16 the Majority Conference Room.
17 ACTING PRESIDENT MEIER:
18 Immediate meeting of the Rules Committee in
19 the Majority Conference Room.
20 Senator Wright.
21 SENATOR WRIGHT: Thank you, Mr.
22 President.
23 Earlier today, I had the
24 privilege of joining Majority Leader Bruno,
25 Senator Present, as chair of the Economic
4108
1 Development and Commerce Committee, to
2 recognize the award winners who were just
3 identified and recognized in the resolution
4 presented here to the Senate previously last
5 week when we formally adopted the resolution,
6 and today we actually have the awardees and
7 the award winners here joining us today in the
8 Capitol.
9 I think it's very evident to
10 all of us as we annually take up legislation
11 that addresses small business, the importance
12 that small business place in each of our
13 individual communities but as well to the
14 entire economy of the state of New York and
15 the strong recovery that small businesses have
16 made, particularly in the last four years as
17 this Senate, led by Senator Bruno, led by
18 Senator Stafford, as chair of the Finance
19 Committee, have delivered on the tax cuts that
20 have been promised, have delivered on the
21 reforms in Workers' Compensation, have changed
22 the estate laws so that small businesses not
23 only have the opportunity to receive a return
24 on their investment and grow that business,
25 but also have the opportunity to pass that
4109
1 small business on to their family and to their
2 sons and daughters.
3 We're here today to recognize
4 and honor those individuals; and you'll notice
5 that the award winners represent businesses
6 and different types of businesses from
7 throughout the state, upstate and downstate,
8 all in their own successful endeavors have
9 accomplished what all New Yorkers want to see
10 accomplished for their businesses.
11 So I would ask the awardees to
12 stand and I would ask my colleagues to
13 recognize them. Thank you for joining us
14 today.
15 (Applause)
16 Thank you, Mr. President.
17 ACTING PRESIDENT MEIER: The
18 resolution was previously passed on June 2nd.
19 On behalf of the Senate, we
20 welcome you here today and we congratulate you
21 on your very impressive accomplishments.
22 Senator Kuhl.
23 SENATOR KUHL: Mr. President,
24 can we now take up the non-controversial
25 calendar, please?
4110
1 ACTING PRESIDENT MEIER: The
2 Secretary will read the non-controversial
3 calendar.
4 THE SECRETARY: Calendar Number
5 558, by Senator Nozzolio, Senate Print 6333A,
6 an act to legalize, validate and confirm
7 certain actions with respect to the issuance
8 of serial bonds.
9 ACTING PRESIDENT MEIER: Read
10 the last section.
11 THE SECRETARY: Section 3.
12 This act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call
14 the roll.
15 (The Secretary called the
16 roll. )
17 THE SECRETARY: Ayes 47.
18 ACTING PRESIDENT MEIER: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 612, by Senator Velella, Senate Print 577C, an
22 act to amend the Insurance Law, in relation to
23 providing premium reductions.
24 ACTING PRESIDENT MEIER: Read
25 the last section.
4111
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first day of
3 June.
4 ACTING PRESIDENT MEIER: Call
5 the roll.
6 (The Secretary called the
7 roll. )
8 THE SECRETARY: Ayes 47.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 836, by Senator Volker, Senate Print 5009B, an
13 act to amend the Civil Practice Law and Rules,
14 in relation to requiring disclosure.
15 ACTING PRESIDENT MEIER: Read
16 the last section.
17 THE SECRETARY: Section 3.
18 This act shall take effect in 60 days.
19 ACTING PRESIDENT MEIER: Call
20 the roll.
21 (The Secretary called the
22 roll. )
23 THE SECRETARY: Ayes 47.
24 ACTING PRESIDENT MEIER: The
25 bill is passed.
4112
1 THE SECRETARY: Calendar Number
2 864, by Senator Marchi, Senate Print 6646B, an
3 act to amend the Business Corporation Law, the
4 Limited Liability Company Law and the
5 Partnership Law, in relation to mergers.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 9.
9 This act shall take effect in 60 days.
10 ACTING PRESIDENT MEIER: Call
11 the roll.
12 (The Secretary called the
13 roll. )
14 THE SECRETARY: Ayes 47.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 868, by Senator Farley, Senate Print 4717B, an
19 act to amend the Banking Law, the Estates
20 Powers and Trusts Law, and others, in relation
21 to including the Uniform Transfers to Minors
22 Act.
23 ACTING PRESIDENT MEIER: Read
24 the last section.
25 THE SECRETARY: Section 9.
4113
1 This act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll. )
6 THE SECRETARY: Ayes 47.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 919, by Senator DeFrancisco, Senate -
11 SENATOR KUHL: Lay the bill
12 aside for the day, please.
13 ACTING PRESIDENT MEIER: Lay
14 the bill aside for the day.
15 THE SECRETARY: Calendar Number
16 915, by member of the Assembly Clark, Assembly
17 Print 9827, an act to amend Chapter 993 of the
18 Laws of 1981.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 THE SECRETARY: Section 2.
22 This act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call
24 the roll.
25 (The Secretary called the
4114
1 roll. )
2 THE SECRETARY: Ayes 47.
3 ACTING PRESIDENT MEIER: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 923, by member of the Assembly Sweeney,
7 Assembly Print 10023A, an act to amend the
8 Public Health Law, in relation to making a
9 technical correction.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 2.
13 This act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll. )
18 THE SECRETARY: Ayes 47.
19 ACTING PRESIDENT MEIER:
20 Senator Kuhl.
21 SENATOR KUHL: Mr. President,
22 can we go back to 868?
23 ACTING PRESIDENT MEIER: The
24 Secretary will read.
25 SENATOR KUHL: I would like to
4115
1 have the Secretary read -- well, maybe I
2 should do it this way, Mr. President. I would
3 like to move to reconsider the vote by which
4 Calendar Number 864 passed the house.
5 ACTING PRESIDENT MEIER: The
6 Secretary will call the roll on
7 reconsideration.
8 THE SECRETARY: Calendar Number
9 864, by Senator Marchi, Senate Print 6646B, an
10 act to amend the Business Corporation Law.
11 SENATOR KUHL: Now, Mr. Presi
12 dent, I understand there is a substitution at
13 the desk; can we have that read, please.
14 ACTING PRESIDENT MEIER: We'll
15 have to lay it aside, Senator. It's not at
16 the desk yet.
17 SENATOR KUHL: Okay. Lay the
18 bill aside temporarily.
19 ACTING PRESIDENT MEIER: The
20 bill will be temporarily laid aside.
21 Secretary will call the roll on
22 reconsideration on Calendar 864.
23 (The Secretary called the roll
24 on reconsideration. )
25 THE SECRETARY: Ayes 47.
4116
1 ACTING PRESIDENT MEIER: The
2 bill will be temporarily laid aside. The
3 Secretary will resume in regular order.
4 THE SECRETARY: Calendar 919,
5 by Senator Volker, Senate Print 395, an act to
6 amend the Public Health Law, and others, in
7 relation to establishing a program.
8 SENATOR OPPENHEIMER: Lay it
9 aside -
10 SENATOR VOLKER: Excuse me, Mr.
11 President. Would you lay that aside for the
12 day, please?
13 ACTING PRESIDENT MEIER: The
14 bill will be laid aside for the day at the
15 request of the sponsor.
16 THE SECRETARY: Calendar Number
17 936, by Senator Maltese, Senate Print 7021A,
18 an act to amend the Public Officers Law, in
19 relation to the conviction of persons.
20 ACTING PRESIDENT MEIER: Read
21 the last section.
22 THE SECRETARY: Section 2.
23 This act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call
25 the roll.
4117
1 (The Secretary called the
2 roll. )
3 THE SECRETARY: Ayes 47.
4 ACTING PRESIDENT MEIER: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 957, by Senator LaValle, Senate Print 5370A,
8 an act to amend the Education Law, in relation
9 to the duty of school districts.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 3.
13 This act shall take effect July 1.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll. )
18 THE SECRETARY: Ayes 47.
19 ACTING PRESIDENT MEIER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1000, by Senator Holland, Senate Print 6005,
23 an act to amend the Social Services Law, in
24 relation to access to the statewide register.
25 ACTING PRESIDENT MEIER: Read
4118
1 the last section.
2 THE SECRETARY: Section 2.
3 This act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call
5 the roll.
6 (The Secretary called the
7 roll. )
8 THE SECRETARY: Ayes 47.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1035, by Senator Lack, Senate Print 1265, an
13 act in relation to certain assessment
14 decisions rendered in the county of Suffolk.
15 ACTING PRESIDENT MEIER: Read
16 the last section.
17 THE SECRETARY: Section 2.
18 This act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call
20 the roll.
21 (The Secretary called the
22 roll. )
23 THE SECRETARY: Ayes 47.
24 ACTING PRESIDENT MEIER: The
25 bill is passed.
4119
1 THE SECRETARY: Calendar Number
2 1037, by Senator Balboni, Senate Print 7362,
3 an act authorizing the assessor of the county
4 of Nassau.
5 ACTING PRESIDENT MEIER: Read
6 the last section.
7 THE SECRETARY: Section 2.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call
10 the roll.
11 (The Secretary called the
12 roll. )
13 THE SECRETARY: Ayes 46, nays
14 one, Senator Dollinger recorded in the
15 negative.
16 ACTING PRESIDENT MEIER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1038, by Senator Meier, Senate Print 7426, an
20 act to authorize the town of New Hartford to
21 discontinue certain park land.
22 ACTING PRESIDENT MEIER: There
23 is a home rule message at the desk. Read the
24 last section.
25 THE SECRETARY: Section 3.
4120
1 This act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll. )
6 THE SECRETARY: Ayes 46, nays
7 one, Senator Dollinger recorded in the
8 negative.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1183, by Senator Kuhl, Senate Print 1347B, an
13 act to amend the Public Service Law, in
14 relation to the establishment of rates and
15 charges.
16 ACTING PRESIDENT MEIER: There
17 is a home rule message at the desk. Read the
18 last section.
19 THE SECRETARY: Section 2.
20 This act shall take effect immediately.
21 SENATOR DOLLINGER: Is this
22 1185?
23 ACTING PRESIDENT MEIER: 1183.
24 SENATOR DOLLINGER: My
25 apologies.
4121
1 ACTING PRESIDENT MEIER: Read
2 the last section.
3 THE SECRETARY: Section 2.
4 This act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call
6 the roll.
7 (The Secretary called the
8 roll. )
9 THE SECRETARY: Ayes 47.
10 ACTING PRESIDENT MEIER: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1184, by Senator Wright, Senate Print 1416B,
14 an act to amend the Tax Law, in relation to
15 adding mining and extraction reimbursements.
16 ACTING PRESIDENT MEIER: Read
17 the last section.
18 THE SECRETARY: Section 3.
19 This act shall take effect on the first day of
20 January.
21 ACTING PRESIDENT MEIER: Call
22 the roll.
23 (The Secretary called the
24 roll. )
25 THE SECRETARY: Ayes 47.
4122
1 ACTING PRESIDENT MEIER: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1185, by Senator Montgomery, Senate Print
5 2575B, an act authorizing the city of New
6 York.
7 ACTING PRESIDENT MEIER: The
8 bill will be temporarily laid aside while we
9 wait for the substitution.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1186, by Senator Leibell, Senate Print 2920,
13 an act to amend the Public Authorities Law, in
14 relation to loan insurance.
15 ACTING PRESIDENT MEIER: Read
16 the last section.
17 THE SECRETARY: Section 2.
18 This act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call
20 the roll.
21 (The Secretary called the
22 roll. )
23 THE SECRETARY: Ayes 47.
24 ACTING PRESIDENT MEIER: The
25 bill is passed.
4123
1 THE SECRETARY: Calendar Number
2 1187, by Senator Rath, Senate Print 4413, an
3 act to amend the Surrogate's Court Procedure
4 Act, in relation to petitions for guardian
5 ship.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 4.
9 This act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call
11 the roll.
12 (The Secretary called the
13 roll. )
14 THE SECRETARY: Ayes 47.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1189, by Senator Alesi, Senate Print 6093, an
19 act to amend the Penal Law, in relation to the
20 minimum sentence upon conviction.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 THE SECRETARY: Section 2.
24 This act shall take effect on the first day of
25 November.
4124
1 ACTING PRESIDENT MEIER: Call
2 the roll.
3 (The Secretary called the
4 roll. )
5 THE SECRETARY: Ayes 47.
6 ACTING PRESIDENT MEIER: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1190, by Senator DeFrancisco, Senate Print
10 6524, an act to amend the Highway Law, in
11 relation to the state highway system in
12 Onondaga County.
13 ACTING PRESIDENT MEIER: Read
14 the last section.
15 THE SECRETARY: Section 2.
16 This act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call
18 the roll.
19 (The Secretary called the
20 roll. )
21 THE SECRETARY: Ayes 47.
22 ACTING PRESIDENT MEIER: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1191, by Senator Balboni, Senate Print 6630,
4125
1 an act to amend the Penal Law, in relation to
2 establishing a new crime of unlawfully dealing
3 with a child.
4 ACTING PRESIDENT MEIER: Read
5 the last section.
6 THE SECRETARY: Section 4.
7 This act shall take effect on the first day of
8 January.
9 ACTING PRESIDENT MEIER: Call
10 the roll.
11 (The Secretary called the
12 roll. )
13 THE SECRETARY: Ayes 47.
14 ACTING PRESIDENT MEIER: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1192, substituted earlier today, by member of
18 the Assembly Sidikman, Assembly Print 5982A,
19 an act to amend the Criminal Procedure Law, in
20 relation to victim impact statements.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 THE SECRETARY: Section 2.
24 This act shall take effect immediately. Call.
25 ACTING PRESIDENT MEIER: Call
4126
1 the roll.
2 (The Secretary called the
3 roll. )
4 THE SECRETARY: Ayes 47.
5 ACTING PRESIDENT MEIER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1193, substituted earlier today by the
9 Assembly Committee on Rules, Assembly Print
10 10851, an act to amend the Chapter 904 of the
11 Laws of 1984, amending the Public Health Law.
12 ACTING PRESIDENT MEIER: Read
13 the last section.
14 THE SECRETARY: Section 2.
15 This act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call
17 the roll.
18 (The Secretary called the
19 roll. )
20 THE SECRETARY: Ayes 47.
21 ACTING PRESIDENT MEIER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1194, by Senator Volker, Senate Print 7356, an
25 act to amend the Tax Law, in relation to
4127
1 exempting certain sales of Internet access
2 service.
3 ACTING PRESIDENT MEIER: Read
4 the last section.
5 THE SECRETARY: Section 4 -
6 SENATOR DOLLINGER: Lay that
7 bill aside.
8 ACTING PRESIDENT MEIER: Lay
9 the bill aside.
10 THE SECRETARY: Calendar Number
11 1195, by Senator Spano, Senate Print 7507, an
12 act to amend the Tax Law, in relation to
13 creating an exemption to the petitioner's
14 burden of proof.
15 SENATOR KUHL: Lay the bill
16 aside for the day, please.
17 ACTING PRESIDENT MEIER: Lay
18 the bill aside for the day.
19 THE SECRETARY: Calendar Number
20 1197, by Senator Fuschillo, Senate Print 7542,
21 an act to amend the Vehicle and Traffic Law,
22 in relation to the right-of-way of vehicles.
23 ACTING PRESIDENT MEIER: Read
24 the last section.
25 THE SECRETARY: Section 3.
4128
1 This act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll. )
6 THE SECRETARY: Ayes 47.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1199, by Senator Bruno, Senate Print 7565, an
11 act to authorize the city of Troy, county of
12 Rensselaer, to discontinue the use and convey
13 certain park lands.
14 ACTING PRESIDENT MEIER: There
15 is a home rule message at the desk. Read the
16 last section.
17 THE SECRETARY: Section 4.
18 This act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call
20 the roll.
21 (The Secretary called the
22 roll. )
23 THE SECRETARY: Ayes 51.
24 ACTING PRESIDENT MEIER: The
25 bill is passed.
4129
1 THE SECRETARY: Calendar Number
2 1200, by Senator Volker, Senate Print 7591, an
3 act to authorize the participation of the
4 county of Erie in the renovation and operation
5 of the county stadium sports and entertainment
6 complex.
7 ACTING PRESIDENT MEIER: There
8 is a home rule message at the desk. Read the
9 last section.
10 THE SECRETARY: Section 8.
11 This act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call
13 the roll.
14 (The Secretary called the
15 roll. )
16 THE SECRETARY: Ayes 51.
17 ACTING PRESIDENT MEIER: The
18 bill is passed.
19 Senator Kuhl, that completes
20 the reading of the non-controversial calendar.
21 SENATOR KUHL: Have the
22 substitutions arrived on the two bills that
23 were laid aside?
24 ACTING PRESIDENT MEIER: The
25 desk is checking on that status.
4130
1 SENATOR KUHL: Can we return to
2 motions and resolutions. I understand there's
3 an amendment motion at the desk.
4 ACTING PRESIDENT MEIER:
5 Senator Marcellino.
6 SENATOR MARCELLINO: Thank you,
7 Mr. President. On behalf of Senator Balboni,
8 on page number 41, I offer the following
9 amendments to Calendar Number 1092, Senate
10 Print Number 7200, and ask that said bill
11 retain its place on the Third Reading
12 Calendar.
13 ACTING PRESIDENT MEIER:
14 Amendments are received and the bill will
15 retain its place on the Third Reading
16 Calendar.
17 SENATOR KUHL: Mr. President,
18 may we take up the controversial calendar and
19 make the substitutions as we reach each bill
20 in order?
21 ACTING PRESIDENT MEIER: The
22 Secretary will read.
23 THE SECRETARY: On page 27,
24 Senator Marchi moves to discharge from the
25 Committee on Rules, Assembly Bill Number
4131
1 10104A and substitute it for the identical
2 Third Reading Calendar 864.
3 ACTING PRESIDENT MEIER:
4 Substitution ordered.
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 864, by member of the Assembly Vann, Assembly
8 Print 10104A, an act to amend the Business
9 Corporation Law, the Limited Liability Company
10 Law and the Partnership Law.
11 ACTING PRESIDENT MEIER: Read
12 the last section.
13 THE SECRETARY: Section 2.
14 This act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call
16 the roll.
17 (The Secretary called the
18 roll. )
19 THE SECRETARY: Ayes 51.
20 ACTING PRESIDENT MEIER: The
21 bill is passed.
22 THE SECRETARY: On page 46,
23 Senator Montgomery moves to discharge from the
24 Committee on Rules, Assembly Bill Number 4212B
25 and substitute it for the identical Third
4132
1 Reading Calendar 1185.
2 ACTING PRESIDENT MEIER:
3 Substitution ordered.
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1185, by member of the Assembly Vann, Assembly
7 Print 4212B, an act authorizing the city of
8 New York to reconvey its interest in certain
9 real property.
10 ACTING PRESIDENT MEIER: Read
11 the last section -- there is a home rule
12 message at the desk. Read the last section.
13 THE SECRETARY: Section 2.
14 This act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call
16 the roll.
17 (The Secretary called the
18 roll. )
19 THE SECRETARY: Ayes 51.
20 ACTING PRESIDENT MEIER: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1194, by Senator Volker, Senate Print 7356, an
24 act to amend the Tax Law, in relation to
25 exempting certain sales of Internet access
4133
1 service.
2 SENATOR DOLLINGER: Explanation
3 just briefly, Mr. President, if I could.
4 ACTING PRESIDENT MEIER:
5 Senator Volker, an explanation has been
6 requested by Senator Dollinger.
7 SENATOR VOLKER: Mr. President,
8 this is a Governor's program bill which, in
9 all candor, follows up on a bill that passed
10 this house last year, essentially the same
11 bill, except that this bill, according to the
12 Governor's memo, provides even more coverage
13 to exempt Internet services, Internet access
14 of related services from state and local sales
15 taxes.
16 The real truth about this bill
17 is that it codifies a regulation of the Tax
18 Department which was promulgated, I believe,
19 in February of 1997.
20 As I say, we had had a bill,
21 Assemblyman Shimminger and I had had a bill
22 which was vetoed and the veto message said
23 that the reason it was vetoed was because of
24 the fact that the Governor's office felt that
25 a broader bill that would cover the entire
4134
1 area was necessary.
2 So, in keeping with that,
3 that's exactly what this bill does and it
4 deals with a couple of areas that were of
5 concern to the Governor's office in relation
6 to out-of-state services in this state because
7 -- and I guess there was some confusion by
8 some people in the committee meeting as to
9 whether it would encourage people who were out
10 of state to stay out of state; but, in
11 reality, what the language would do is to make
12 sure that people who deal with Internet
13 services within this state and who gain
14 revenue from it are not covered by sales
15 taxes.
16 One of the problems here is,
17 from what I've heard rumblings of it across
18 the country that some other states have kind
19 of looked at this and said, "You know, this is
20 a good source of revenue. Maybe this is not
21 such a good idea." But we, in New York,
22 shouldn't take that attitude. The attitude we
23 should take is that Internet services of this
24 kind should not be taxed, and I think the Tax
25 Department has already taken that position and
4135
1 we think that this bill is necessary to make
2 sure that such services are not taxed.
3 ACTING PRESIDENT MEIER:
4 Senator Dollinger.
5 SENATOR DOLLINGER: Thank you,
6 Mr. President.
7 Senator Volker, I think you
8 responded to half of the questions that I
9 asked in the Finance Committee and I think
10 you're accurate with respect to the text of
11 the bill.
12 Through you, Mr. President, if
13 the sponsor will yield to just one question.
14 ACTING PRESIDENT MEIER: Does
15 the sponsor yield?
16 SENATOR VOLKER: Certainly.
17 ACTING PRESIDENT MEIER: The
18 Senator yields.
19 Senator Dollinger.
20 SENATOR DOLLINGER: Does this
21 mean that the out-of-state seller of product,
22 who puts his display ad on the Internet, that
23 if a sale occurs based on that ad, that
24 solicitation, that the sale is not subject to
25 New York State sales tax?
4136
1 SENATOR VOLKER: My counsel, I
2 didn't realize he was here, scared me just
3 now, that's why I was kind of jolted.
4 What I understand it would do,
5 standing alone, I suppose that it might; but
6 what the bill really stands for is it would
7 have to have some connections in New York in
8 order not to be taxed.
9 Now, if, however, the state
10 where that Internet sale originated from was
11 not taxed, then it would continue not to be
12 taxed in New York. I don't know if you know
13 what I mean.
14 SENATOR DOLLINGER: Yes.
15 SENATOR VOLKER: In other
16 words, we really can only tax Internet
17 services that either originate from New York
18 or are services that, in effect, are taxed by
19 someone out of state. But if they are not
20 taxed by anyone out of state, we cannot tax
21 that service and that's one of the things this
22 makes clear because we would then have, if you
23 think about it, an interstate commerce problem
24 and this bill doesn't change that, except to
25 make sure that we don't have that kind of
4137
1 problem, otherwise we'd have a constitutional
2 problem.
3 SENATOR DOLLINGER: Right.
4 Through you, Mr. President,
5 just one other question.
6 ACTING PRESIDENT MEIER: Does
7 the Senator yield for another question?
8 SENATOR VOLKER: I do.
9 ACTING PRESIDENT MEIER: The
10 Senator yields.
11 Senator Dollinger.
12 SENATOR DOLLINGER: My
13 understanding is that this bill would not
14 alter the issue of the nexus between the
15 seller of the product at some remote location
16 and the buyer here in New York to affect both
17 taxation and jurisdiction of our courts. It
18 has no effect -- that's an independent inquiry
19 apart from this.
20 SENATOR VOLKER: That's
21 correct.
22 SENATOR DOLLINGER: Okay.
23 SENATOR VOLKER: And that's
24 really the issue. I guess if there was really
25 an issue in last year's bill it may be that
4138
1 this really is kind of it because there was a
2 question in that bill whether we amended the
3 right section of the Tax Law and whether we
4 may have -- could have created a
5 constitutional issue, and apparently this part
6 of the bill is what is an attempt to resolve
7 that issue and the answer is yes, we don't
8 change that.
9 SENATOR DOLLINGER: Okay.
10 Through you, Mr. President.
11 ACTING PRESIDENT MEIER:
12 Senator Dollinger.
13 SENATOR DOLLINGER: I
14 appreciate Senator Volker helping me
15 understands this bill and I'm going to vote in
16 favor of this bill, but I do think that the
17 broader issue that's left unanswered in this
18 bill is one that we have to pay attention to
19 because the question will arise whether the
20 use of the Internet as the advertising tool
21 creates a sufficient nexus for the New York
22 courts to exercise jurisdiction. That may not
23 be the case under this bill, but it seems to
24 me we have to keep in mind one thing, which is
25 that many of the purchases over the Internet
4139
1 are the same kind of purchases that you would
2 otherwise go to your local retail store to
3 make, you're buying clothes through the
4 Internet, you're buying personal articles.
5 They may not be of significant cost, but you
6 buy through the Internet, you use the
7 advertising mechanism of the Internet, you
8 dial up or even click the little icon and you
9 order it right over the Internet.
10 My concern is that if that
11 doesn't establish some nexus with New York
12 State, we're going to find that there is the
13 potential for rampant consumer fraud in these
14 transactions. And the New York resident who
15 pays $50 for a shirt or $50 for a Buffalo
16 Bills jacket or something from out of state
17 that's shipped into this state will find that
18 they have virtually no remedy because their
19 only solution will be to go to the home state
20 or go to a foreign nation in order to enforce
21 their rights, which means that they will be
22 stripped of everything, the jurisdictional
23 protections that would otherwise occur in New
24 York State, and my concern is that you set up
25 a Bermuda corporation, a mail house in
4140
1 Bermuda, you toss your advertising icon onto
2 the Internet; Michael Dollinger, 19-year-old
3 son of a state Senator, dials it up on his
4 machine, keeps clicking the icon, makes the
5 order, puts his credit card number in, or
6 what's worse, his father's, and ends up in a
7 position where the goods don't arrive or they
8 arrive in a defective way and he has no remedy
9 because his only solution would be to go out
10 and sue the supplier in Bermuda. I think
11 that's an issue that we need to reexplore.
12 I appreciate Senator Volker
13 saying that this does not affect that, but
14 this does move us down the road to a decision
15 in which we would relinquish the jurisdiction
16 of the New York courts over this transaction,
17 and I'm concerned about the precedent that it
18 may be setting for our consumers in the
19 future.
20 I'll vote in favor of it with
21 the guarded caution that this is not creating
22 a precedent that we would rely on in the
23 future, it's just to deal with the specific
24 Internet access issue that Senator Volker
25 articulated a minute ago. Thank you.
4141
1 SENATOR VOLKER: Mr.
2 President.
3 ACTING PRESIDENT MEIER:
4 Senator Volker.
5 SENATOR VOLKER: Let me just
6 quickly say I think that is potentially a
7 problem down the line. This bill doesn't
8 really impact on that and it's one of the
9 issues that we've been talking with the
10 Attorney General about; and there is, I
11 believe, some legislation that is being
12 contemplated dealing with the Internet and
13 that is one of the issues that my counsel was
14 saying, in a sense, it's no different than
15 some of the telephone issues we're trying to
16 deal with now, and they are very serious
17 issues because you're confronted by the issue
18 of interstate commerce and the Constitution
19 and all the rest of the things, but it is
20 something that will have to be looked at, but
21 we don't believe that this bill has any real
22 impact on that.
23 ACTING PRESIDENT MEIER:
24 Senator Dollinger.
25 SENATOR DOLLINGER: If I could
4142
1 just respond to Senator Volker, I agree in
2 reading the text of this, I think it's
3 narrowly drafted enough so it doesn't affect
4 that. We may or may not be setting a
5 precedent; we may be moving down that road.
6 I appreciate the fact that the
7 chairman of the Codes Committee recognizes
8 that what we're doing here serves a good
9 purpose. To do something similar that would
10 have broad implications on the recovery of
11 consumers might not be a good thing.
12 So, as I see this bill, it's
13 tightly enough drafted to serve the purpose
14 that Senator Volker articulated, but I don't
15 want to some day be accused I've already made
16 a commitment to do this and relinquish
17 jurisdiction over these companies in the
18 future.
19 I note just for the record that
20 we have done a lot of work in the Gaming,
21 Wagering and Racing Committee to deal with the
22 issue of Internet gambling and how we deal
23 with that, what jurisdiction do we exercise,
24 what do we require of those who post gambling
25 services on the Internet. That may also be a
4143
1 somewhat questionable constitutional exercise
2 of our jurisdiction, but it seems to me we've
3 got to, at some point, broach those issues
4 because this tool, at least from my
5 perspective, 10 or 15 years from now will be
6 the source of an enormous volume goods and
7 services that will be sold right through the
8 Internet.
9 Thank you, Mr. President.
10 ACTING PRESIDENT MEIER: Read
11 the last section.
12 THE SECRETARY: Section 4.
13 This act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call
15 the roll.
16 (The Secretary called the
17 roll. )
18 THE SECRETARY: Ayes 54.
19 ACTING PRESIDENT MEIER: The
20 bill is passed.
21 Senator Kuhl, that completes
22 the reading of the controversial calendar.
23 SENATOR KUHL: May we return to
24 motions and resolutions? I believe that there
25 is a privileged resolution by Senator Connor
4144
1 at the desk. I would ask that the title be
2 read in its entirety and that you recognize
3 Senator Connor to speak to the resolution.
4 ACTING PRESIDENT MEIER: The
5 Secretary will read.
6 THE SECRETARY: By Senator
7 Connor, Legislative Resolution 3873, honoring
8 the memory of Robert Francis Kennedy on the
9 30th Anniversary of his death.
10 ACTING PRESIDENT MEIER:
11 Senator Connor.
12 SENATOR CONNOR: Thank you, Mr.
13 President. This is one of those sad
14 anniversaries that from time to time we
15 commemorate in American history; sad because
16 it marks the tragic death, the assassination,
17 of our United States Senator from the state of
18 New York, the late Robert Francis Kennedy.
19 But at times like this, 30
20 years having passed, it also is appropriate to
21 commemorate his life and some of the meaning
22 that that has for us today.
23 Mr. President, I was a younger
24 man 30 years ago, I was, in fact a law
25 student, avidly watching the 1968 presidential
4145
1 primaries. Senator Kennedy entered the
2 primaries and then won, I believe, four of the
3 six primaries he was in, and this was an era
4 when you didn't have to necessarily run in all
5 the primaries in either party to run for
6 president. Indeed, most candidates stayed out
7 of the primaries on their way to the
8 nomination, and that was true in both parties,
9 and I don't think it's true in either party
10 any more. But, it was a different era.
11 Senator Kennedy's tragic death
12 after his greatest primary victory, that of
13 California, shocked the nation. It shocked a
14 nation to see the second brother in public
15 life in the United States cut down at an early
16 age. It certainly saddened the nation to see
17 a father of so many young children, indeed one
18 not yet born, cut down in his prime.
19 Senator Kennedy had a career of
20 many dimensions for a man who was so young at
21 his death. He had served as counsel, indeed
22 on a famous committee chaired by Senator
23 McCarthy; he resigned from that committee and
24 later went back and worked for the committee
25 when Senator McClellan was in charge of it,
4146
1 and they investigated abuses in the labor
2 movement. He was the Attorney General of the
3 United States; he was his brother, President
4 Kennedy's, campaign manager, and he was our
5 United States Senator from New York. He was a
6 man whose political philosophy and appeal
7 evolved over the short years he was active in
8 public life.
9 I commend to anyone that they
10 read some of the bio's about Senator Kennedy
11 and you will see there the development of a
12 philosophy of public service. It avoids the
13 stereotypes that we tend to throw around in
14 politics these days. In some matters, by
15 today's standards, we would say he was
16 Conservative. In other matters, by today's
17 standards, we would stay, "Oh, he was a
18 Liberal." Indeed what I thought was rather
19 interesting was his own attempt to define
20 himself, using both descriptions, Conservative
21 and Liberal.
22 We tend now by today's
23 controversies to look back at President
24 Kennedy and Senator Kennedy through today's
25 lenses and say, "Oh, they would have, if they
4147
1 were here today," what they would have done.
2 Who knows what they would have done. We only
3 know what they did do. And we know that
4 Senator Kennedy evolved into a compassionate,
5 caring, public official who cared about
6 bringing Americans together of all races and
7 creeds, who provided hope in that 1968
8 campaign to many, many people at a time when
9 the nation was deeply divided over issues
10 involving racial conflict, involving the war
11 in Vietnam, conflicts that we, 30 years later,
12 still in some respects in our public life bear
13 the legacy of.
14 Indeed, I think as New Yorkers
15 we can be proud that Senator Kennedy did serve
16 as the United States Senator from New York,
17 and we all in our private moments can wonder
18 what this country and what this state would
19 have been like had he lived his public life to
20 its natural end, be that a victory or defeat
21 in elections. I think all of us who are in
22 public life certainly aspire to fulfill our
23 careers; and if it must be ended, let it be
24 ended by the voters, not by a madman's bullet.
25 But that said, Mr. President, I
4148
1 would ask all my colleagues -- and I note
2 they've all joined in co-sponsoring this
3 resolution commemorating this great man on the
4 positive anniversary of his death. Thank you.
5 ACTING PRESIDENT BALBONI:
6 Thank you, Senator Connor.
7 Senator Marchi.
8 SENATOR MARCHI: Mr. President,
9 I had the pleasure, oh, I guess, in the early
10 '40s I was giving instruction under the
11 release time provision and I had both Bobby
12 Kennedy and his friend, and I don't remember
13 his name now, but he was the son of Ed Flynn,
14 who was the chairman of the Democratic Party
15 in the Bronx, and he was bright, perceptive,
16 with the saving grace of humor, and it was
17 just a delight to have him in the class.
18 In speaking to people who knew
19 all of the Kennedies, the Kennedy family, and
20 some of my family did, no one would dispute
21 the fact that of all the Kennedies, regardless
22 of how their abilities or their capabilities
23 or intensity and dedication to work, that he
24 easily led them all. He was assiduous in his
25 pursuit, the discharge of his responsibilities
4149
1 on the highest possible plain.
2 Some may say he was controvers
3 ial; and the only way not to be controversial
4 is not to do anything. Certainly I echo the
5 remarks of Senator -- the Minority Leader on
6 this -- on his comments, and I'm very happy to
7 see it observed, as it should be, on what
8 seemed like an incredibly long time, 30 years
9 of his passing.
10 ACTING PRESIDENT BALBONI:
11 Thank you, Senator Marchi.
12 On the resolution, all those in
13 favor signify by saying aye.
14 (Response of "Aye.")
15 Opposed nay.
16 (There was no response. )
17 The resolution is adopted.
18 Senator Kuhl.
19 SENATOR KUHL: Yes, Mr.
20 President. May we now go to reports of
21 standing committees? I understand there is a
22 report of the Rules Committee at the desk and
23 ask that it be read.
24 ACTING PRESIDENT BALBONI: The
25 Secretary will read.
4150
1 THE SECRETARY: Senator Bruno,
2 from the Committee on Rules, reports the
3 following bills direct to third reading:
4 Senate Print 419B, by Senator Goodman, an act
5 to amend the Vehicle and Traffic Law; 1705, by
6 Senator Marchi, an act to amend the Mental
7 Hygiene Law; 1932, by Senator Padavan, an act
8 to amend the Vehicle and Traffic Law and the
9 Administrative Code of the city of New York;
10 2058, by Senator Kuhl, an act
11 to amend the Workers' Compensation Law;
12 2618A, by Senator Lachman, an
13 act to amend the Public Authorities Law;
14 2971, by Senator DeFrancisco,
15 an act to amend the General Obligations Law;
16 3259, by Senator Kuhl, an act
17 to amend the Highway Law;
18 4460, by Senator Rath, an act
19 to amend the Social Services Law;
20 5137, by Senator Marcellino, an
21 act to amend the Criminal Procedure Law;
22 6047B, by Senator Johnson, an
23 act to amend the Civil Rights Law;
24 6380, by Senator Nozzolio, an
25 act to amend the Vehicle and Traffic Law;
4151
1 6480, by Senator Wright, an act
2 to amend the Tax Law; 6526, by Senator
3 Onorato, an act authorizing the city of New
4 York to reconvey its interests;
5 6637, by Senator Sampson, an
6 act to authorize the city of New York; 6666,
7 by Senator Marchi, an act to amend the
8 Business Corporation Law, and others;
9 6773, by Senator Alesi, an act
10 to amend the Tax Law;
11 6852, by Senator Goodman, an
12 act to amend the Public Officers Law;
13 6956, by Senator Alesi, an act
14 to amend the Vehicle and Traffic Law and the
15 Insurance Law; 7023, by Senator Maltese, an
16 act to amend the Election Law;
17 7400, by Senator Johnson, an
18 act to amend the Vehicle and Traffic Law;
19 7427, by Senator Johnson, an
20 act to repeal section 10-B of the Highway Law;
21 7444, by Senator Balboni, an
22 act to amend the Penal Law;
23 7469, by Senator Seward, an act
24 to amend the Insurance Law;
25 7489A, by Senator Stafford, an
4152
1 act to amend the State Finance Law;
2 7508, by Senator Present, an
3 act to amend the Public Authorities Law;
4 7517, by Senator Johnson, an
5 act to amend the Vehicle and Traffic Law;
6 7536, by Senator Holland, an
7 act to amend the Vehicle and Traffic Law;
8 And 7556, by Senator Stafford,
9 an act to amend the Public Officers Law.
10 All bills ordered direct for
11 third reading.
12 ACTING PRESIDENT BALBONI:
13 Senator Kuhl.
14 SENATOR KUHL: Yes, Mr.
15 President. I move we accept the report of the
16 Rules Committee.
17 ACTING PRESIDENT BALBONI: All
18 those in favor of accepting the report of the
19 Rules Committee, significant by saying aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (There was no response. )
23 The report is accepted.
24 SENATOR KUHL: Thank you.
25 Would you recognize Senator
4153
1 Montgomery, please?
2 ACTING PRESIDENT BALBONI:
3 Senator Montgomery.
4 SENATOR MONTGOMERY: Mr.
5 President, I would like unanimous consent to
6 be reported in the negative on Calendar
7 Numbers 1189 and 1191.
8 ACTING PRESIDENT BALBONI:
9 Without exception, so ordered.
10 Senator Kuhl.
11 SENATOR KUHL: Is there any
12 housekeeping at the desk?
13 ACTING PRESIDENT MEIER: No,
14 there is not, Senator.
15 SENATOR KUHL: Then I move at
16 this time to adjourn until tomorrow, June 9th,
17 usual time, 3 p.m.
18 ACTING PRESIDENT MEIER: Thank
19 you, Senator.
20 On motion of the Senator, the
21 Senate stands adjourned until Tuesday, June
22 9th at 3 p.m.
23 (Whereupon, at 4:03 p.m., the
24 Senate adjourned. )
25