Regular Session - June 16, 1998
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8 ALBANY, NEW YORK
9 June 16, 1998
10 11:30 a.m.
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13 REGULAR SESSION
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17 SENATOR RAYMOND A. MEIER, Acting President
18 STEVEN M. BOGGESS, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order. I ask everyone
4 present to please rise and repeat with me the
5 Pledge of Allegiance.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 In the absence of clergy, I ask
9 that we bow our heads in a moment of silence.
10 (A moment of silence was
11 observed.)
12 The reading of the Journal.
13 THE SECRETARY: In Senate,
14 Monday, June 15th. The Senate met pursuant to
15 adjournment. The Journal of Sunday, June 14th,
16 was read and approved. Upon motion, the Senate
17 adjourned.
18 ACTING PRESIDENT MEIER: Without
19 objection, the Journal stands approved as read.
20 Presentation of petitions.
21 Messages from the Assembly.
22 Messages from the Governor.
23 Reports of standing committees.
24 The Secretary will read.
25 THE SECRETARY: Senator Stafford,
4688
1 from the Committee on Finance, offers up the
2 following nomination: As a member of the Board
3 of Trustees of the State University of New York,
4 Celine Racine Paquette, of Champlain.
5 SENATOR SKELOS: Move the
6 confirmation -- wait a minute, please.
7 Mr. President, if we could just
8 lay that nomination aside temporarily, and I
9 would ask at this time if the members who are
10 interested in speaking on various nominations,
11 if they could come over to the chamber because
12 we are going to move through the report of the
13 Finance Committee expeditiously.
14 If you could now continue with
15 the nominations, Mr. President.
16 ACTING PRESIDENT MEIER: Lay that
17 nomination aside temporarily.
18 The Secretary will continue to
19 read the nominations.
20 THE SECRETARY: As a member of
21 the state Board of Parole: Lawrence C. Scott,
22 of Farmington.
23 SENATOR SKELOS: Move the
24 nomination.
25 ACTING PRESIDENT MEIER: The
4689
1 question is on -- the question is on the
2 confirmation of Lawrence C. Scott as a member of
3 the state Board of Parole. All those in favor
4 of confirming the appointment say aye.
5 (Response of "Aye".)
6 Opposed, nay.
7 (There was no response.)
8 The nomination is confirmed.
9 Mr. Scott is in the gallery with
10 us today. He also has with him his daughter,
11 Deborah Ann, his daughter, Diane Marie, his son,
12 Larry and a friend, Darlene Hackett.
13 Sir, we welcome you today. We
14 congratulate you and wish you Godspeed with your
15 important duties. (Applause)
16 The Secretary will continue to
17 read.
18 THE SECRETARY: As a member of
19 the Workmen's Compensation Board: Candace
20 Kellogg Finnegan, of Garrison.
21 SENATOR SKELOS: Move the
22 nomination.
23 SENATOR STAFFORD: Mr. President,
24 I see we're getting near the end of the session,
25 and I would like to say we're moving right
4690
1 along.
2 I would say that at the Finance
3 Committee meeting today-- and many of you have
4 heard this before -- have heard this before, but
5 once again I have to say, the Governor sent
6 excellent nominations. All were confirmed
7 unanimously and it's a credit to the Governor, a
8 credit to the nominees and it just is good for
9 the state of New York and with that, I will
10 yield to, I believe the Senator from
11 Westchester, who we're waiting to come in like I
12 was and again we have the Senator from Dutchess
13 -- Putnam. Is he speaking on the nomination?
14 Westchester too. Very good.
15 ACTING PRESIDENT MEIER: Senator
16 Leibell.
17 SENATOR STAFFORD: The captain.
18 SENATOR LEIBELL: Thank you very
19 much, now that we've determined where I'm from.
20 Mr. President, I would like to
21 join with my colleague, Senator Stafford, in
22 commending the Governor for the many fine
23 appointments that he has sent us over the last
24 few months.
25 I especially am very pleased
4691
1 today to stand up and endorse this and to speak
2 on behalf of Candace Finnegan, who is my
3 constituent and who is someone who has served
4 our community well, who is someone who has
5 worked long and hard for the state of New York
6 and is someone who will bring great talent,
7 energy and integrity to this position.
8 I know we have a long schedule
9 today, so I will not speak at length, but I am
10 most pleased professionally and personally to
11 support this recommendation, this nomination
12 from the Governor and, Candace, we wish you
13 well.
14 ACTING PRESIDENT MEIER: Any
15 other Senator wishing to be heard on the
16 nomination?
17 (There was no response.)
18 The question is on the nomination
19 of Candace Kellogg Finnegan as a member of the
20 Workers' Compensation Board. All those in favor
21 of confirming the appointment say aye.
22 (Response of "Aye".)
23 Opposed, nay.
24 (There was no response.)
25 The nomination is confirmed.
4692
1 (Applause).
2 Ms. Finnegan, we welcome you to
3 the Senate today and we wish you good luck with
4 your important duties.
5 The Secretary will return to the
6 nomination of Celine Racine Paquette.
7 THE SECRETARY: As a member of
8 the Board of Trustees of the State University of
9 New York, Celine Racine Paquette, of Champlain.
10 SENATOR STAFFORD: Mr. President.
11 ACTING PRESIDENT MEIER: Senator
12 Stafford.
13 SENATOR STAFFORD: We're
14 pronouncing Champlain correctly up there. We
15 appreciate it.
16 On a serious note, as I -- when I
17 came in, when we had started, I mentioned the
18 nominees that are here today and I can only say
19 again, the caliber, we're very, very fortunate.
20 Celine hails from Clinton
21 County. She has served in the school districts
22 in East Greenbush. She was Teacher of the Year
23 in the state, was principal of the high school
24 in Ticonderoga. The Racine family, she married
25 into the Paquette family, two of the finest
4693
1 families of the North Country. She has an
2 excellent insurance business and serves also in
3 public life iin an elected post.
4 I can only say just as with
5 Candace, with Celine, I could go on and on. I
6 could even mention all their families and
7 embarrass everybody. I won't do that, but this
8 is a fine day, a fine day for the state of New
9 York because we're having the caliber of people
10 being appointed and being confirmed who will
11 make this state a better place in which to live.
12 So it's a pleasure for me to move
13 Celine's confirmation and also supporting the
14 other very fine nominees that are here today.
15 ACTING PRESIDENT MEIER: Does any
16 other Senator wish to be heard on the
17 nomination?
18 (There was no response.)
19 The question is on the
20 confirmation of the nomination of Celine Racine
21 Paquette as a member of the Board of Trustees of
22 the State University of New York. All those in
23 favor of the confirmation say aye.
24 (Response of "Aye".)
25 Opposed, nay.
4694
1 (There was no response.)
2 The nomination is confirmed.
3 (Applause)
4 Ms. Paquette, congratulations and
5 good luck.
6 Senator Spano.
7 SENATOR SPANO: Mr. President, I
8 was delayed en route coming over to the
9 chamber. Without objection, if it would be okay
10 if I just say a couple of things about Candace
11 Finnegan who we just confirmed to the Workers'
12 Comp' Board.
13 ACTING PRESIDENT MEIER: Without
14 objection.
15 SENATOR SPANO: Thank you, Mr.
16 President, my colleagues.
17 Just quickly, I wanted to make
18 sure that we made this part of the record as
19 well, but Candace Finnegan was unanimously
20 reported from the Labor Committee, sent over to
21 the Finance Committee, obviously today.
22 I first met Candace Finnegan in
23 her role with Rockland Children's Psychiatric
24 Center a number of years ago when I chaired the
25 Mental Health Committee and I learned firsthand
4695
1 the role that she played in helping the lives of
2 children who suffer from mental illness in this
3 state.
4 She is an outstanding person, has
5 the right temperament to be a member of the
6 Workers' Compensation Board and I want to just
7 congratulate the Governor on that appointment
8 and thank the members for just giving me an
9 opportunity to get up and to say a few things
10 about Candace Finnegan.
11 Thank you, Mr. President.
12 ACTING PRESIDENT MEIER: Senator
13 Nozzolio.
14 SENATOR NOZZOLIO: Thank you, Mr.
15 President.
16 Mr. President, I was
17 inadvertently detained on my way over to the
18 chamber today and I ask to have unanimous
19 consent to comment on the confirmation of
20 Lawrence Scott to the Parole Board.
21 ACTING PRESIDENT MEIER: Without
22 objection, you're recognized.
23 SENATOR NOZZOLIO: Thank you, Mr.
24 President, my colleagues.
25 It is, indeed, an honor and a
4696
1 happy privilege for me to add my support and
2 compliment to Governor Pataki for his excellent
3 nomination of Larry Scott, Lawrence C. Scott,
4 from Farmington, New York, as a member of the
5 New York State Parole Board.
6 The Parole Board is under great
7 challenge today and we in this Legislature are
8 working hard with the Governor to give the tools
9 necessary to ensure the integrity of our parole
10 system, but with this nomination of Larry Scott,
11 we have an individual added to the board that
12 will be an outstanding representative of the
13 people.
14 Larry Scott brings to this
15 challenge a diverse background of law
16 enforcement as a career law enforcement official
17 with the New York State Police, our state's
18 finest, heading as a member of the important
19 Criminal Investigations Bureau. As one who also
20 served in his early days as a uniform trooper,
21 Larry Scott certainly has his roots in law
22 enforcement, but he goes much -- far beyond
23 that.
24 As a member -- elected member of
25 the judiciary as a town judge in one of the
4697
1 larger towns of upstate New York, serving in
2 that capacity for almost a decade, has combined
3 with his law enforcement experience great
4 judicial background.
5 Also as he currently serves in
6 another elected capacity, a capacity that brings
7 both executive and legislative background to his
8 resume and to his career as supervisor of the
9 wonderful town of Farmington, that supervisory
10 job gives him as the executive of one of the
11 fastest growing towns in the state, as one of an
12 extremely dynamic town, also that town's
13 representative on the Ontario County board of
14 Supervisors, the legislative board for the
15 county of Ontario.
16 Again, a mix of legislative
17 experience, coupled with judicial experience and
18 a career in law enforcement gives Larry Scott an
19 ideal background to serve the very important
20 challenges of the Parole Board.
21 Mr. Chairman, my colleagues, we
22 have seen many nominees to the Parole Board over
23 the last year. It's an excellent team and that
24 Larry Scott, Lawrence C. Scott, will be an
25 excellent addition and with that, I'm very
4698
1 honored to have my name attached to supporting
2 this fine nomination.
3 ACTING PRESIDENT MEIER: The
4 Secretary will continue to read.
5 THE SECRETARY: As a member of
6 the Crime Victims Board, Jacqueline C. Mattina.
7 SENATOR SKELOS: Move the
8 nomination.
9 SENATOR STAFFORD: I'm sorry.
10 Move the nomination, please, Mr. President.
11 ACTING PRESIDENT MEIER: Senator
12 Volker.
13 SENATOR STAFFORD: I yield to the
14 Senator from the west.
15 SENATOR VOLKER: As the Senator
16 from the west, I appreciate that from the
17 Senator from the north.
18 Let me just say that first of
19 all, Jackie Mattina has been a constituent of
20 mine for a number of years, I think is an
21 excellent choice to the Crime Victims Board.
22 Jackie has been an attorney for,
23 I believe 13 years. She has been an assistant
24 county attorney under two administrations in
25 Erie County. She's been the counsel to Social
4699
1 Services, been very active in the community.
2 She's a person who I think would understand the
3 process and problems involved in the Crime
4 Victims Board. Comes from one of the old
5 families in Western New York. Her father is
6 probably one of the most respected jurists in
7 the state of New York who's -- Joe Mattina, who
8 is a Surrogate Court judge.
9 I would highly recommend her and
10 say that I think the Governor made an enormously
11 good choice in Jackie Mattina, and I commend the
12 Governor.
13 ACTING PRESIDENT MEIER: Senator
14 Maziarz.
15 SENATOR MAZIARZ: Thank you very
16 much, Mr. President.
17 I want to -- as another Senator
18 from the west, I want to join Senator Volker in
19 seconding this nomination and in congratulating
20 Governor Pataki on a fine nomination.
21 Although I'm not personally
22 acquainted with Ms. Mattina, I'm very much
23 acquainted with her father, a distinguished
24 jurist from Erie County, Judge Mattina. He is
25 not only an excellent jurist; he is also a super
4700
1 Buffalo Bills fan, and I assume that this apple
2 has not fallen very far from the tree and that
3 Ms. Mattina is going to do an excellent job for
4 this administration.
5 Thank you, Mr. President.
6 ACTING PRESIDENT MEIER: Senator
7 Rath.
8 SENATOR RATH: Yes, Mr.
9 President.
10 It gives me a great deal of
11 pleasure to rise also from the west to second
12 the nomination of Jackie Mattina.
13 The Governor has chosen an
14 exceptional young woman who will have many years
15 of service and by virtue of her experience and
16 her community activity, I believe she'll be a
17 great addition to the board, and I welcome you
18 to that kind of service and congratulate the
19 Governor.
20 Thank you.
21 ACTING PRESIDENT MEIER: Senator
22 Nanula.
23 SENATOR NANULA: Thank you, Mr.
24 President.
25 I just very quickly wanted to
4701
1 again commend you, Jackie, and congratulate you
2 and your father and my good friend Judge
3 Mattina. We're all very proud out in Western
4 New York of your great accomplishments and
5 certainly I look forward to working with you in
6 your capacity on the Crime Victims Board.
7 Congratulations.
8 ACTING PRESIDENT MEIER: Senator
9 Stachowski.
10 SENATOR STACHOWSKI: I would like
11 to say I'm from the west too, Mr. President, but
12 some people think I'm from Ohio sometimes, but I
13 too would like to join in commending the
14 Governor on this appointment. I think that Ms.
15 Mattina will do a great job. Her father has
16 done a great job in his public service and I'm
17 sure in her other capacity she's been very, very
18 capable.
19 It's a good appointment by the
20 Governor, and I'm sure we look forward to her
21 doing a great job on the Crime Victims Board.
22 ACTING PRESIDENT MEIER: Are
23 there any Senators from the west who wish to
24 speak on the nomination?
25 (There was no response.)
4702
1 The question is on the
2 confirmation of the appointment of the
3 Jacqueline Mattina as a member of the Crime
4 Victims Board. All those in favor signify by
5 saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The nomination is confirmed.
10 (Applause)
11 Jacqueline Mattina is with us in
12 the chamber here today. She's accompanied by
13 her husband Ted Chmiel, by her son Brian, her
14 daughter Bethany, also by -- also by her son
15 Jacob. She's also accompanied by her father,
16 the Honorable Joseph Mattina, and by some other
17 relatives, Arthur Sabia, Carolyn Sabia and Joan
18 Alba.
19 Jacqueline, we wish you well with
20 your important duties and congratulate you.
21 The Secretary will continue to
22 read.
23 THE SECRETARY: As a member of
24 the Public Employment Relations Board, Michael
25 R. Cuevas, of Schenectady.
4703
1 SENATOR STAFFORD: Move the
2 confirmation and we yield to Senator Farley.
3 SENATOR FARLEY: Thank you very
4 much, Senator Stafford.
5 ACTING PRESIDENT MEIER: Senator
6 Farley.
7 SENATOR FARLEY: It is with a
8 great deal of enthusiasm and pride that I urge
9 the nomination and second the confirmation of
10 Michael Cuevas.
11 I've known Michael Cuevas for a
12 lot of years. He's been a distinguished
13 practicing attorney, a public defender and a
14 corporation counsel for the city of Schenectady
15 and most recently in a very, very important
16 position -- in every job that Michael has done
17 he's done very, very well. He has a resume. It
18 is truly outstanding.
19 He's a graduate of Stuyvesant
20 High School in Brooklyn, and that's why I wanted
21 to find out where he came from, even though he's
22 been in Schenectady most of his adult life and a
23 graduate of New York University with a B.A. in
24 economics, and Albany Law School.
25 Michael is famous for every job
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1 he's undertaken, he's done well. Currently he
2 is serving as chairman of the Unemployment
3 Insurance Appeals Board. The Governor's office
4 and everybody that has been involved with that
5 board has spoken so highly of him. He's taking
6 on one of the most important positions in the
7 state of New York as chairman of the PERB.
8 Now, let me just say as somebody
9 that comes from the Capital District, the Public
10 Employment Relations Board is terribly important
11 to those of us that have so many government
12 employees. Michael is an outstanding public
13 servant. We're fortunate to have him willing to
14 serve our state of New York.
15 Mike, I'm very, very proud of you
16 and it's with enthusiasm and pride that I move
17 his confirmation.
18 ACTING PRESIDENT MEIER: The
19 question is on the confirmation of Michael
20 Cuevas as a member of the Public Employment
21 Relations Board. All those in favor of
22 confirming the nomination signify by saying
23 aye.
24 (Response of "Aye".)
25 Opposed, nay.
4705
1 (There was no response.)
2 The nomination is confirmed.
3 Mr. Cuevas is present with us in
4 the chamber. We wish you well with your
5 important duties, congratulate you and welcome
6 you to the chamber today, sir.
7 (Applause)
8 The Secretary will continue to
9 read.
10 THE SECRETARY: As a member of
11 the Public Service Commission: John B. Daly, of
12 Lewiston.
13 ACTING PRESIDENT MEIER: Senator
14 Stafford.
15 SENATOR STAFFORD: Well, Mr.
16 President, once again as the previous nomination
17 from Schenectady and all nominations, just the
18 finest. I now yield to the nominee's successor
19 and when you have these two people in the room
20 at the same time, you understand just what a
21 great Empire State we have.
22 Senator Maziarz, again from the
23 west.
24 ACTING PRESIDENT MEIER: Senator
25 Maziarz.
4706
1 SENATOR MAZIARZ: Thank you very
2 much, Mr. President. Thank you, Senator
3 Stafford.
4 I want to rise and second the
5 nomination of former Senator and Commissioner
6 John Daly. As I often said, I thought the best
7 career move that John Daly ever made was
8 accepting that commissionership with the DOT.
9 However, Mr. Chairman -- I know
10 Commissioner Daly informed me he was going to be
11 here for this confirmation. I know that he
12 appeared today before the Senate Finance
13 Committee, and I just want to congratulate the
14 Governor. I don't think there's a finer
15 individual who has -
16 SENATOR STAFFORD: There he is.
17 There he is. Start over again. Start over.
18 SENATOR MAZIARZ: Mr. President,
19 I may beg your indulgence, please.
20 Senator Stafford doesn't have to
21 do his renomination, does he?
22 Commissioner Daly, you missed
23 Senator Stafford's introduction of you and it
24 was about 20 minutes long, so we're not going to
25 repeat it if you don't mind.
4707
1 I was just telling my colleagues,
2 Commissioner, how thankful I was that you
3 accepted that call from Governor Pataki back on
4 December the 27th of 1994 to become the
5 Commissioner of Transportation. Obviously the
6 Governor has a great deal of faith in you and
7 your abilities, not only in the field of
8 transportation but in this instance in the field
9 of energy and with the deregulation that New
10 York State is currently undergoing, I could
11 think of no finer nominee to serve as a member
12 of the Public Service Commission than John Daly
13 of Lewiston.
14 I wholeheartedly second Senator
15 Stafford's nomination and congratulate the
16 Governor again on a very fine appointment. I
17 know that Commissioner Daly will carry out this
18 assignment with the same vigor that he did on
19 the very successful ISTEA reauthorization for
20 the state of New York and also with as much
21 vigor as he did as the Commissioner of the
22 Department of Transportation and also as a
23 member of this body.
24 Thank you, Mr. President.
25 ACTING PRESIDENT MEIER: Senator
4708
1 Cook.
2 SENATOR COOK: Mr. President,
3 Senator/Commissioner Daly and I were in a class
4 of 36 people, I believe, who entered the
5 Assembly at the same time, 24 of them at the
6 time having been Republicans. I think that
7 Senator Volker and I may be the only remaining
8 -- the people who are still remaining in the
9 Legislature.
10 John, if you expect I'm going to
11 say nice things about you again every time you
12 get confirmed to something, I'm just not going
13 to go through it.
14 Mr. President, I would ask you to
15 go back and engross into the record everything
16 that I said the last time he was confirmed and
17 take that as all the compliments that I would
18 normally give.
19 ACTING PRESIDENT MEIER: Senator
20 Marchi.
21 SENATOR MARCHI: Mr. President,
22 we've had accolades from the far west and a
23 little more to the center of the state also and
24 since I represent a constituency that touches
25 the southern -- most southern part of the state
4709
1 of New York, I want to emphasize and stress the
2 fact that this is not parochialism that dictates
3 this, I have to admit friendship but also a
4 tribute to a colleague that I remember so well
5 when he was with us and spoke so eloquently and
6 knowledgeably of all of the public issues that
7 we were addressing.
8 So anyone who has known him, no
9 matter where they come from in the state of New
10 York and beyond, more than delighted and pleased
11 to see this marvelous, splendid public servant
12 before us, and I certainly want to join in
13 asking for the confirmation of his nomination.
14 ACTING PRESIDENT MEIER: Senator
15 Waldon.
16 SENATOR WALDON: Thank you very
17 much, Mr. President.
18 When I returned to elective
19 office and became a member of the Senate, one of
20 the first persons I got to know on a very
21 positive and personal basis was John Daly and
22 since that time it has been one of the warmest
23 personal relationships I have had not just here
24 in the Senate but in my entire elective office.
25 I guess part of the reason for
4710
1 that is that there's not such a dissimilar
2 background between John and I. He was a ball
3 player and the older we become, John, you know
4 the greater ball players we were in our youth.
5 He also went to a school that has
6 outstanding credentials in the city of New York,
7 Regis High School and only one of the kids who
8 grew up with me was smart enough to get into
9 that school and that speaks to his acumen, but
10 the thing that I love the most about John is
11 he's regular people. He's a good guy. He keeps
12 his word. He's a friend. He doesn't let
13 politics interfere with the ability of people to
14 relate to each other.
15 And so I rise with the other
16 giants in this arena, in this chamber to second
17 his nomination and to praise the Governor on
18 again doing the right thing.
19 I know of no one who's a better
20 person to serve the people of the state of New
21 York and no one who to me is a dearer friend.
22 John, all the best.
23 ACTING PRESIDENT MEIER: Senator
24 Gold.
25 SENATOR GOLD: Thank you, Mr.
4711
1 President.
2 Mr. President, when John Daly was
3 elected to the Assembly and I heard about it, I
4 had nice things to say about it and when he was
5 elected to the Senate, I thought that was
6 terrific and I had some nice things to say about
7 it and when he was confirmed for Commissioner of
8 Transportation, it was a pleasure to second that
9 nomination and to say nice things about John
10 Daly. He left that and he lobbied for us in the
11 ISTEA issue and I could only say nice things
12 about John and, John, I want you to know that it
13 will be an honor to second your confirmation and
14 say nice things about you constantly until you
15 find a job you like.
16 The fact of the matter is that in
17 undertaking this new job, everybody has noticed
18 that John is still going to retain certain other
19 commitments and when you were talking at the
20 committee meeting about energy, energy, John,
21 you're the one who's going to need the energy to
22 do all of the things that you're going to be
23 assigned, but I'm delighted that if the Governor
24 had to pick one person to give all of this
25 responsibility to, he's giving it to John Daly.
4712
1 You know, we come up here as
2 Republicans or Democrats or whatever, but every
3 once in a while somebody reaches a position
4 where they're not a Republican anymore. You're
5 part of all of us, John, and your warmth, your
6 friendship, your decency just overwhelms most of
7 us and I want to wish you the very best, and I
8 want to congratulate the Governor for knowing
9 what all of us know, and that is that you are
10 really one of the most talented people in this
11 state.
12 Good luck.
13 ACTING PRESIDENT MEIER: Senator
14 Marcellino.
15 SENATOR MARCELLINO: Thank you,
16 Mr. President.
17 I don't represent the district
18 that John lives in. I didn't know him when he
19 was in the Assembly. I didn't know him when he
20 was a state Senator. I know his replacement.
21 We were elected in the same class. John, come
22 on back. I'm only kidding. I'm only kidding.
23 I met John when he was
24 Commissioner of the DOT and that's not an easy
25 job and many times we in the districts come to
4713
1 the commissioner and we make requests that are
2 somewhat outrageous and the commissioner
3 sometimes has to tell you no, a painful task on
4 both ends.
5 John always found a way to say
6 yes graciously and make you feel that you did it
7 and say no and take all the blame on himself,
8 which made it easier on the elected official in
9 the district.
10 He was a great commissioner. He
11 represented this state well in the ISTEA
12 negotiations and what's coming back to the state
13 from the federal government is no small way
14 accountable to his actions and his good work.
15 John is a good person, a good
16 friend to all of us here. He's one of the
17 Governor's finest appointees, and I'm proud to
18 and pleased to stand up and speak on his
19 behalf. There's the old adage that nice guys
20 finish last. It's good to know that not in this
21 case.
22 ACTING PRESIDENT MEIER: Senator
23 LaValle.
24 SENATOR LAVALLE: Thank you, Mr.
25 President.
4714
1 I think Senator Gold had
2 indicated that John Daly would go on until he
3 found a job that he liked.
4 I would say to you that the PSC,
5 other than being in the state Legislature, is
6 that very position that he will not only like
7 but bring his many, many years of experience to
8 that position and as I said in the Finance
9 Committee, probably of any nominee or any person
10 to serve on the PSC, John Daly will go without
11 needing a single day of training. He will hit
12 the pavement running.
13 John, you have excelled in every
14 position you have been at, whether it was in the
15 Assembly, serving in this body, being
16 Commissioner of Transportation or bringing back
17 the dollars under the -- the ISTEA dollars for
18 New York State.
19 On a personal note, I thank you
20 publicly for playing cupid that brought my wife
21 and I together and that probably was one of your
22 best accomplishments as far as I'm concerned.
23 Good luck to you.
24 ACTING PRESIDENT MEIER: Senator
25 Rath.
4715
1 SENATOR RATH: Thank you, Mr.
2 President.
3 Whether we call you Senator Daly
4 or commissioner or friend, we have a lot of
5 titles for our colleague, John Daly, and I would
6 say ditto to all of the comments that my
7 colleagues have made but there's something very
8 special that I think I might suggest at this
9 moment and it was said by, of all strange
10 persons, a Supreme Court judge who is not one I
11 know terribly well but one I see occasionally
12 and his comment was this, that being on the
13 bench, it was wonderful to have served in the
14 Senate because he knew, or he thought he knew
15 what they meant when they sent things through,
16 quote-unquote, and I think that happens in a lot
17 of places in government, and I think as John
18 Daly proceeds in this new era of his wonderful
19 and outstanding career, he will know what,
20 quote, "they" meant when it came through. He
21 will have some idea of legislative intent, which
22 unfortunately does not always come through and
23 in the role you're about to assume is
24 extraordinarily important.
25 So as we all wish you Godspeed
4716
1 and the wind at your back and all those good
2 Irish sayings, John, help them find out and try
3 to figure out what we mean over here and you can
4 do that better than anyone.
5 Good luck.
6 ACTING PRESIDENT MEIER: Senator
7 Johnson.
8 SENATOR JOHNSON: I also rise to
9 endorse the nomination of my good friend,
10 Senator John Daly, to his new position on the
11 PSC.
12 When he was first nominated to be
13 Transportation Commissioner, I felt chagrined by
14 that because I didn't want to lose him from this
15 chamber. He was a stalwart, stand-up reformer,
16 crusader and he always had a good argument and
17 many times his arguments prevailed and his
18 support was certainly helpful to many of us
19 getting our legislation through. So I miss you,
20 John, but I was happy to see the job you did at
21 Transportation, more happy to see you go down
22 and get that ISTEA money, and now I think more
23 than ever a man of your caliber is certainly
24 needed on the PSC because now you have an
25 entirely new crusade to embark upon or to join,
4717
1 which is getting us to the 21st Century,
2 competitive environment, unregulated
3 environment, see that people are well served and
4 these utilities perform adequately for the
5 public.
6 John, you're going to do a great
7 job there as you did in every other position.
8 Godspeed and good luck to you, John. We have
9 every confidence in your capabilities and your
10 accomplishments which we'll soon hear about.
11 Thank you.
12 ACTING PRESIDENT MEIER: Senator
13 Farley.
14 SENATOR FARLEY: Thank you, Mr.
15 President.
16 I rise to wish my Irish buddy
17 good luck. You know, John Daly has served in so
18 many facets of this government. In every one of
19 them he did an outstanding job, but I do want to
20 just emphasize something that several people
21 have alluded to, his most recent job.
22 When he was sent to Washington to
23 try to attack a real dismal situation in ISTEA,
24 he not only got us restored, he brought home all
25 of the bacon. It was tremendous the job that
4718
1 you did for New York State, John, in your last
2 function. As commissioner, as Senator, as
3 Assemblyman, I think it's evident how everyone
4 has spoken about you and the love and respect
5 that you're held in, and I know that you're very
6 excited about going on to the PSC because this
7 is an area that you have always been interested
8 in, but you know so many of the areas that
9 you've worked in, so many facets of it, from
10 housing to every area that you have been
11 involved in in the Legislature, you've done an
12 outstanding job.
13 We're very, very proud of you.
14 You can see that your replacement is even proud
15 of you and we don't want you back necessarily
16 because the Irish legislators have never been
17 the same without you. They've never had a
18 chorus or anything since you've left, but we're
19 still looking for you to play the spoons when
20 the Irish legislators meet.
21 All the best to you, John, and
22 good luck and good health.
23 ACTING PRESIDENT MEIER: Senator
24 Stachowski.
25 SENATOR STACHOWSKI: I too rise
4719
1 to second the nomination of John Daly. I'm
2 tickled for John. I think other than president
3 of NYRA, there's no job that John would rather
4 have than this one.
5 I think that John will do a great
6 job. He's always been interested in energy. As
7 Senator Volker said in the committee meeting,
8 due to him being in the hospital, John passed
9 the biggest energy bill during the time when he
10 was here, and I think that John is just going to
11 do a superb job as good as he did lobbying in
12 Washington which I was more than capable at.
13 I think that it's interesting
14 that John will do this. We're happy in Western
15 New York because we have somebody that knows our
16 problems with energy and will have a good ear
17 for us when we come to him with them and talk
18 about all the energy we need to keep the plants
19 there that we have.
20 So that makes this appointment
21 all the more important to us in Western New York
22 now and, John, I have to admit, I enjoyed
23 working with you when you were a Senator. I
24 especially enjoyed working with you when you
25 were the chairman of the Hazardous and Toxic
4720
1 Waste Commission, but unfortunately I think that
2 you and I carry that commission over when we
3 make our selections in August.
4 Congratulations, John.
5 ACTING PRESIDENT MEIER: Senator
6 Volker.
7 SENATOR VOLKER: Mr. President, I
8 guess I have to be a little careful what I say
9 here because I probably know John Daly better
10 than just about anyone.
11 As Charlie Cook said, we all came
12 together. Daly and I both -- I know it's
13 probably hard for you to believe, but we were
14 young and kind of crazy guys in a way. We both
15 had primaries. We both -- in fact, both of us
16 had what I call double primaries, Republican and
17 Conservative primaries. In all honesty, I don't
18 think too many people in Western New York gave
19 either one of us a very good chance to win. I
20 was supposed to lose because I was so late
21 coming into the process. John was supposed to
22 lose because he actually came from the outside,
23 ran a primary against an incumbent, but
24 fortunately we both won. We became very close
25 friends obviously and, in fact, when John got
4721
1 the call from the Governor, I think I was one of
2 the first people that he called to tell me that
3 he was being named to the Department of
4 Transportation, and I have to admit to you it
5 was -- the two of us talked for about five
6 minutes because much I think as John obviously
7 relished a challenge, we both realized that it
8 was the end of in a sense an era for both of us
9 because we had been so close over the years and
10 now John was going on to other things.
11 Let me just say that -- I'm not
12 going to go on in detail except I will tell you
13 one story which I probably shouldn't tell you,
14 but I will tell it anyways about John. You have
15 to realize that John followed me a little bit
16 later. I came in '75. I think it was 1976, I
17 think, that John came to the Senate, if I can't
18 remember -- it was '78. I'm sorry. So John had
19 a little more practice in the Minority in the
20 Assembly and those of us that know John know
21 that he's never been shy about expressing his
22 opinions.
23 He came over to the Senate here,
24 was here a couple years and he came into the
25 Senate one day and John was up debating as he
4722
1 had a habit of doing and Warren Anderson, who
2 was then the Majority Leader, walked over to me
3 and whispered in my ear. So I went over to John
4 and he was standing there debating and he looked
5 over at me next to him and he stopped for a
6 second and he said, What's going on, and I said
7 the Majority Leader just asked me to tell you to
8 remind you that you are now in the Majority.
9 You are not in the Minority anymore and you
10 don't have to speak on every bill.
11 John looked at me, laughed and
12 said, I think I just got a message that it was
13 time for me not to speak anymore and he sat down
14 and that's a true little story because one thing
15 about John -- and we kid ourselves about war,
16 because I always used to tell John that he
17 literally wasn't happy unless he was at war. He
18 had an issue or something that was going on,
19 something he felt so strongly about that had to
20 be done, whether it was pension reform, energy
21 changes, housing, whatever it was, John launched
22 into it big time, and let me just finish by
23 saying something. Unfortunately, in this time
24 when we don't want to say good things -- I mean,
25 we have a media particularly in this town that
4723
1 is a bad news media. I don't think people
2 really realize what this gentleman up there just
3 accomplished in Washington.
4 He went to Washington on the
5 ISTEA issues. The situation in Washington was
6 very bad for New York and I won't get into all
7 the details of why. We are a state like few
8 other states and we are a big transit state as
9 well as a big highway state and in Washington
10 the way they work it is those are sort of two
11 separate entities and they're part of ISTEA.
12 The other states had ganged up
13 against us. What they were trying to do to us
14 is cut our transit money and cut our highway
15 money but in any case what they were trying to
16 do is cut one or the other for sure and the
17 story out of Washington was that we were
18 virtually doomed. It was John Daly and the
19 people in Washington were telling me as this was
20 going on what a tremendous job he was doing of
21 organizing and trying to make sure we got our
22 just due.
23 The result of his efforts was
24 that New York ended up not only getting the same
25 amount of money we had in the past from ISTEA,
4724
1 we got more money both in transit and in highway
2 money. The people of this state probably will
3 never know how much that is going to save us in
4 taxation, in highways, in bridges done, in
5 transit fares and things of that nature. It's
6 unfortunate, as I say, I think that people
7 really don't realize it, but he did a super
8 job. I have no doubt in an era in the PSC when
9 enormous changes are coming that John Daly will
10 be one of the leaders in making sure that this
11 state's ratepayers are properly protected.
12 My best to you as always, John.
13 Good luck.
14 ACTING PRESIDENT MEIER: Senator
15 Balboni.
16 SENATOR BALBONI: Mr. President,
17 I rise to second the nomination but also to join
18 in a celebration. Unfortunately, recently we
19 have considered the lives of colleagues who have
20 left this house, when they have passed from our
21 ranks. Today we have the opportunity to
22 consider the life of someone who is very much
23 with us but nonetheless as much of a giant as
24 the other men who served here.
25 John Daly quite simply put is a
4725
1 hero. He is someone who has served in every
2 portion of this government and has done terrific
3 things. He is a legislator above all
4 expectations. He is an administrator with a
5 heart and compassion. He is a friend to all who
6 have ever served with him and when I consider on
7 occasion I will go before a group at an Eagle
8 Scout and talk about leadership and the
9 qualities of leadership, the greatest thing that
10 John Daly provides is that he is a role model
11 and to those children who are up in the gallery
12 today, if you look across this Senate chamber
13 and you see that man standing there, that is a
14 public servant in the best sense of the word and
15 for that we owe you a debt, John, and I know
16 that you're going to continue to distinguish not
17 only yourself but this fine body and this state.
18 Thank you, Mr. President.
19 ACTING PRESIDENT MEIER: Senator
20 Leichter.
21 SENATOR LEICHTER: Mr. President,
22 John Daly is one of the most amiable people that
23 I have ever met in politics or in public office
24 but anybody who mistakes his amiability, which
25 is very genuine and sincere, for lack of
4726
1 interest or lack of concern or lack of ability
2 makes a very grave mistake because John has
3 shown that you can be a nice guy and also be an
4 incredibly effective public servant. He
5 certainly proved that. I served with John in
6 the Assembly. I served with him in the Senate.
7 We had many a good debate. He's a great
8 debater, a tough foe, but afterwards one of the
9 nicest people that you could ever meet.
10 John, I think really is a model
11 for us to avoid the partisanship which sometimes
12 crops up and the pettiness which sometimes crops
13 up. Nobody can ever reply -- apply the term
14 "partisan" or "petty" to John Daly.
15 John is committed to dealing with
16 issues on the merits and he's also committed to
17 dealing with people on a very human, on a very
18 personal basis, and I think that's what makes
19 him so effective.
20 John's taken on some tough jobs,
21 DOT, representing the state in negotiations down
22 in Washington and now taking on the very, very
23 tough job of the Public Service Commission.
24 I know as in all the other jobs
25 that he's had, he's going to give it his all.
4727
1 He's going to bring to it that special John Daly
2 quality, decency and competence.
3 I look forward, John, to working
4 with you, writing you some -- not that much
5 longer because I'm leaving, but I hope I have a
6 chance to write you some letters complaining
7 about the Public Service Commission and -- but I
8 know that you're going to be working there for
9 all the people of the state of New York.
10 God bless you, John.
11 ACTING PRESIDENT MEIER: Senator
12 Goodman.
13 SENATOR GOODMAN: Mr. President,
14 John Daly is a very old and dear personal friend
15 with whom I had the pleasure to serve in the
16 Legislature for many seasons, but I think I
17 learned of his extraordinary effectiveness as an
18 administrator when he assumed the
19 responsibilities of his last position.
20 Let me give you a for instance.
21 There has been a very vexatious problem on the
22 East Side of Manhattan which has caused grave
23 traffic congestion and air pollution known as
24 the 48th Street ramp debacle. The 48th Street
25 ramp is a means of accessing the East Side Drive
4728
1 in Manhattan from 48th Street to head north on
2 that drive and the ramp was closed long before
3 John assumed his responsibilities in his
4 previous position.
5 Unfortunately, due to
6 bureaucratic stasis in the prior administration
7 and in general, there has been lengthy delay up
8 to ten years in the completion of the revival of
9 that ramp so that cars could be diverted from
10 the East Side of Manhattan and go directly up
11 the highway provided for their egress from
12 Manhattan.
13 It was only when John Daly came
14 onto the scene, Mr. President, that it was
15 possible for this ramp to be rapidly constructed
16 and at the moment we're expecting a completion
17 date by the end of year, which is a truncated
18 version of what would otherwise have occurred
19 and it might have taken two or three additional
20 years to get the job done.
21 This says to me that this is a
22 man of enormous administrative skill and potency
23 in the ability to move the bureaucracy in
24 constructive ways and, therefore, Mr. President,
25 I give you this as further evidence of the fact
4729
1 that he will be a superb member of the Public
2 Service Commission and he'll do that job equally
3 and may well be better than he's done before.
4 I admire him. I salute him and I
5 urge his prompt approval by this body.
6 ACTING PRESIDENT MEIER: Senator
7 Wright.
8 SENATOR WRIGHT: Thank you, Mr.
9 President.
10 With due deference to my
11 colleague, I would like to have John Daly return
12 to the Senate. I think John did some of his
13 finest work in this chamber and would certainly
14 love to serve with him again but John has gone
15 on and in each of those assignments has
16 performed exceptionally well for the people of
17 the state of New York and if there's a word that
18 describes John Daly it's tenacious, whether he's
19 negotiating housing legislation, transportation
20 legislation in Washington or representing his
21 constituency on this floor.
22 As an individual who represents
23 an area with an awful lot invested in the
24 utility and energy business right now, I look
25 forward to John Daly joining the Public Service
4730
1 Commission. He will bring that tenacity to the
2 watchdog role that he's assuming but he will
3 also bring a high degree of common sense and
4 integrity.
5 I don't think the Governor could
6 make a better nomination or appointment to the
7 Public Service Commission and I'm more than
8 proud to second that nomination and join his
9 confirmation this morning.
10 ACTING PRESIDENT MEIER: Senator
11 Nanula.
12 SENATOR NANULA: Thank you, Mr.
13 President.
14 I'm standing to add my comments
15 to the ongoing tribute to John Daly today. It's
16 a tribute that, as I can recall, began a couple
17 years ago, Senator Maziarz, before you
18 officially joined us when then Senator Maziarz
19 was appointed Commissioner to the Department of
20 Transportation, it's unfortunate we're losing
21 the children because, John, as you know, our
22 history goes back quite some time and quite some
23 distance and Senator Balboni reminded me that my
24 first exposure to the New York State Senate was
25 up in the gallery as a legislative intern in a
4731
1 three-day session for high school students at
2 that time Senator Daly put together and I don't
3 know if he's all that pleased with the fact that
4 I often attribute my Senatorial career to an
5 extent on John Daly's exposure to me at least
6 with respect to the Senate and its operations,
7 but really as a member now, I want to
8 congratulate you for that program because it
9 took a lot of young people and really gave them
10 a great exposure to this chamber and what we do
11 here as Senators.
12 Also with respect to Senator
13 Leichter's comments, tough jobs. Not too long
14 ago, Senator/Commissioner/Mr. endless titles,
15 John Daly, you and I had lunch probably about
16 maybe a year or so ago on a very controversial
17 issue in Western New York, the issue of what
18 approach we were going to take as a community to
19 building a new bridge, the Peace Bridge, versus
20 this Super Span concept and, John, your
21 leadership on that issue was tremendous. You
22 took a bipartisan approach. You really brought
23 a very divergent group of folks together here on
24 this issue and as a result he really had
25 elevated the debate when it comes to Super Span,
4732
1 and I think really adding significantly to what
2 hopefully is going to be a great project for the
3 next millennium in Western New York, and I
4 really believe we owe a debt of gratitude to you
5 for that.
6 And finally, I want to conclude
7 by saying that John Daly to the west is an
8 import. Senator Waldon had mentioned where your
9 roots are, and I want to say personally and on
10 behalf of Western New York, that we're quite
11 happy that you decided to take that job with
12 Kimberly-Clark all those years ago and come and
13 join us in Western New York because you have
14 done a great job. You have been a great
15 resource for us, and I wish you the best in your
16 new role.
17 Thank you.
18 ACTING PRESIDENT MEIER: Senator
19 Paterson.
20 SENATOR PATERSON: Thank you, Mr.
21 President.
22 I came to the Senate in 1986. I
23 met Senator Daly and he told me that at the time
24 as chair of the Housing Committee that he had
25 been of assistance to my predecessor, the very
4733
1 admired late Senator Bogues, and that he had
2 come down and he had a housing forum in the
3 district and he said, "I'll also do it for you,"
4 and I said, "Well, you probably have a lot of
5 Senate districts you have to go to before you
6 get a chance to come back and do our district
7 again," and he said, "Well, if it's an important
8 issue, I'll do it as soon as possible," and it
9 was a very important issue at that particular
10 time. That was a time when 72 percent of the
11 public-owned property in Harlem was abandoned
12 property and just walking through our
13 neighborhood, you could see the burned out and
14 abandoned blight that was more synonymous with
15 the South Bronx and Ocean Hill-Brownsville from
16 20 years before, and so Senator Daly came to my
17 district in Harlem and held this housing forum.
18 Mr. Holland was his counsel and he did this in
19 my first year of service, which was of extreme
20 assistance to me.
21 Ever since this time I can't
22 agree more with Senator Wright about this
23 gentleman's tenaciousness and his display of
24 integrity. He always offered me friendship in
25 the time he was here and Senator Leichter put it
4734
1 very aptly when he said what a nice person he
2 could be and at the same time be an effective
3 public servant, and I have a favorite story
4 about him and I would love to tell it.
5 I was coming to work one day.
6 The temperature was minus eight degrees or
7 something. I was running as fast as I could. I
8 was running down -- I was running down State
9 Street and running up the steps by the LOB and I
10 didn't realize that there was a new rule that
11 they had -- would only shovel the main path for
12 snow removal and they actually had a chain fence
13 stopping you from using that part. Of course, I
14 didn't see the chain fence and at all full speed
15 I went over the chain and somehow Senator Daly
16 came down and caught me before I fell and
17 probably would have severely injured myself, and
18 I thought that the -- I thought that the most
19 important thing about that, that demonstrated
20 what a nice person he was, that he would run
21 down there and risk injury to himself to catch
22 me, but to show you what an effective public
23 servant and political leader he was, he actually
24 took a look at the Red Book to see whether or
25 not my district was marginal before he came down
4735
1 there and still came down there to help me once
2 he determined that the Majority couldn't pick up
3 my seat.
4 Thank you very much, Mr.
5 President.
6 ACTING PRESIDENT MEIER: Senator
7 Saland.
8 SENATOR SALAND: Thank you, Mr.
9 President.
10 Mr. President, I too rise in this
11 seemingly enormous ground swell of kind words
12 for our former colleague, Senator John Daly.
13 Certainly somebody who is perhaps one of the
14 finest representatives of a legislative body,
15 this legislative body or any legislative body
16 regardless of where it might be situated and he
17 inspires great loyalty, and I just want John to
18 know that Lisa Reid, former key employees
19 working this crowd mightily, Senator Nozzolio is
20 on the fence. She brought him in, John. He's
21 going to support you. I was working on Senator
22 Cook. So don't worry, John. You still have
23 that kind of loyalty.
24 I would like John to know and I
25 would like this body to know that there are few,
4736
1 if any, people with whom I've served who I hold
2 in higher regard than John Daly. He's been a
3 marvelous legislator, a marvelous Senator,
4 somebody whom we can all learn from and
5 certainly seek to emulate and beyond that he's
6 been an extraordinary public servant.
7 The Governor has called upon him
8 now seemingly time and again to take on the
9 responsibility of very key and critical
10 positions and in each and every one of those
11 occasions he has done great, great service and
12 great justice for the people of the state of New
13 York.
14 John, you're perhaps among the
15 best that we have to offer. Keep doing those
16 good things that you've done for us always and
17 may you always do them in good health.
18 God bless.
19 ACTING PRESIDENT MEIER: Senator
20 Oppenheimer.
21 SENATOR OPPENHEIMER: Well, I
22 think everything has been said to John and John
23 knows I love him and -- but so does everybody
24 else love him and he -- John is just a very -- a
25 very good man and a very good man is hard to
4737
1 find today.
2 So, John, thank you for being Mr.
3 Everything here in state government.
4 ACTING PRESIDENT MEIER: The
5 question is on the confirmation of John B. Daly,
6 of Lewiston, as a member of the Public Service
7 Commission. All those in favor signify by
8 saying aye.
9 (Response of "Aye".)
10 Opposed, nay.
11 (There was no response.)
12 SENATOR GOLD: Slow roll call.
13 Forget it.
14 ACTING PRESIDENT MEIER: Senator
15 Daly, with the great respect and affection of
16 the Senate, you are confirmed as a member of the
17 Public Service Commission.
18 (Applause).
19 SENATOR SKELOS: Mr. President.
20 ACTING PRESIDENT MEIER: Senator
21 Skelos.
22 SENATOR SKELOS: If we could just
23 go to motions and resolutions and have
24 Resolution Number 3961, by Senator Libous, read
25 in its entirety and move for its immediate
4738
1 adoption.
2 ACTING PRESIDENT MEIER:
3 Secretary will read.
4 THE SECRETARY: By Senator
5 Libous, Legislative Resolution honoring Daniel
6 C. Kosick for his accomplishments as a member of
7 the United States Disabled Ski Team.
8 WHEREAS, it is the sense of this
9 legislative body that individuals with
10 disabilities merit our recognition as they
11 recognize goals that serve to lift barriers and
12 expand choices for all persons with
13 disabilities;
14 It is the intent of this
15 legislative body to acknowledge individuals with
16 disabilities who have risen above those
17 conditions which might otherwise hinder a
18 purposeful life of achievement and fulfillment
19 demonstrating that the barriers to success for
20 the disabled come more commonly from prevailing
21 attitudes and opportunities than the physical
22 limitations of a disability;
23 Daniel Kosick was born April 16,
24 1977. He became disabled at the age of 15 when
25 he lost his right leg above the knee to cancer;
4739
1 As a member of the United States
2 Disabled Ski Team, Daniel Kosick trains all year
3 throughout the country. He trains all year long
4 on a bike or skis. This dedication has made him
5 well known -
6 ACTING PRESIDENT MEIER: One
7 second. Can we have some quiet in the chamber,
8 please. Staff members take your seats, quiet in
9 the chamber.
10 Secretary will continue to read
11 the resolution.
12 THE SECRETARY: WHEREAS, in
13 disabled racing where there are classes, Daniel
14 Kosick's class is the largest and most
15 competitive of 12 classes. His class is LW2,
16 which is primarily athletes who race on one
17 ski. The success in ski racing has brought him
18 to the top of his class and he is recognized as
19 one of the best disabled racers in the world;
20 Daniel Kosick's successes include
21 major disabled ski races such as the 1998 Winter
22 Paralympics, Nagano, Japan, fourth place in the
23 Downhill; 1998 Canadian Nationals, second place
24 in the Super-G, Giant Slalom and Slalom; 1998
25 United States Disabled Alpine Championships,
4740
1 third place in the Super-G; 1998, World Cup
2 Finals, third place in the Super-G, and the 1998
3 Eastern Championships, first place in the
4 Slalom;
5 Daniel Kosick's goal as a member
6 of the United States Disabled Ski Team is to
7 successfully represent this country for many
8 years to come;
9 This legislative body is proud to
10 publicly proclaim and commend Daniel Kosick for
11 his inspiration to others;
12 NOW, THEREFORE, BE IT RESOLVED
13 that this legislative body pause in its
14 deliberations to honor Daniel Kosick,
15 recognizing his courageous endeavors,
16 outstanding achievements, and unparalleled
17 contributions on behalf of the disabled and
18 their cause for increased awareness and
19 opportunity; and
20 BE IT FURTHER RESOLVED that a
21 copy of this resolution, suitably engrossed, be
22 transmitted to Daniel Kosick.
23 ACTING PRESIDENT MEIER: Senator
24 Libous.
25 SENATOR LIBOUS: Thank you, Mr.
4741
1 President.
2 It is indeed an honor for me to
3 stand and speak on this resolution. There are
4 certain times in this position when we can
5 really talk about something or someone that we
6 are very, very proud of, and indeed Daniel
7 Kosick is that type of individual.
8 Mr. President, as was mentioned,
9 Dan, at a very young age, at the age of 15,
10 learned that he had cancer and had such great
11 pain in his leg, after several operations and
12 many trips over the years to the doctors,
13 learned that he would -- he would lose his leg.
14 After six to eight months of chemotherapy and
15 all the other treatment that goes along, Danny
16 didn't give up. He didn't quit. He believed
17 that there were opportunities out there for him,
18 just like anyone else, and he went out to prove
19 that those opportunities are available.
20 Mr. President, he began working
21 out, and this morning he was on my television
22 program, and we talked a little bit about it and
23 he said that what he started doing is, he just
24 started working with an instructor and started
25 skiing a little bit because Danny was a very
4742
1 good athlete before his operation. He worked
2 real hard because he believed that he had an
3 opportunity not only to prove himself, but to
4 set an example for others.
5 I think setting an example for
6 all of us is something that he has accomplished
7 and will continue to accomplish. If you look at
8 his accomplishments, you know, in 1998 he was in
9 the Canadian National. In 1998 he was on the
10 U.S. Disabled Ski Team, the Alpine
11 Championship. In 1998 he competed in the World
12 Cup Finals. In 1998 he was in the Eastern
13 Championship and he received first place honors
14 in the Slalom. He then went on to serve in
15 Japan, where he came in fourth and he served our
16 country and did us very, very proud.
17 The U.S. Disabled Ski Team, Mr.
18 President, is made up of a select group of
19 individuals from throughout the country, of
20 which Danny serves on and we believe at this
21 point he is one or the only one that serves from
22 New York State. He trains year round. He works
23 extremely hard. He does bicycling. He does a
24 lot of training. He will be leaving us very
25 soon, in July, to a three-week camp where he
4743
1 will be preparing for the upcoming events.
2 I think what's extremely
3 important here is that, as we honor people in
4 this chamber on a regular basis, there are a lot
5 of extraordinary people, this young man who
6 faced a very difficult time at the age of 15,
7 went on from that adversity and proved that he,
8 just like anyone else with a disability, can
9 achieve and accomplish great things.
10 He said to me with a big smile
11 earlier today that he wants to continue to
12 compete, and he wants to continue to represent
13 our country, and he wants people to be proud of
14 his accomplishments.
15 Danny joins us today in the
16 Senate chamber and, Mr. President, as I am
17 honored to move this resolution, I will ask
18 Danny to stand if he would, wearing his jacket
19 from Nagano, Japan, and Danny, we are all
20 extremely proud of you. You serve as a symbol
21 to each and every one of us, and you give us
22 that fortitude, that self-esteem and self
23 respect that makes us want to accomplish greater
24 things as you continue in your life to
25 accomplish great, great things.
4744
1 ACTING PRESIDENT MEIER: Senator
2 Wright.
3 SENATOR WRIGHT: Thank you, Mr.
4 President.
5 I too rise this morning to
6 recognize Daniel's achievements. I've had
7 occasion to be in this chamber when we've
8 recognized the New York Yankees as World
9 champions, and we've recognized the
10 accomplishments of the Buffalo Bills. We've
11 recognized their leader, Jim Kelly. In turn,
12 I'm very pleased to see that we're recognizing a
13 young man of Daniel's caliber this morning,
14 because he's not only a member of the ski team
15 but also he's an individual champion, and if you
16 look at the challenges that he has faced, he has
17 taken those challenges and created opportunities
18 and I think that speaks volumes for this young
19 man, his ability, his fortitude, his willingness
20 to put and go beyond.
21 I'm very pleased that we have the
22 opportunity to recognize him this morning. Want
23 to wish him every success in his future
24 endeavors and very pleased to see the state
25 Senate recognize him this morning.
4745
1 Thank you.
2 ACTING PRESIDENT MEIER: Question
3 is on the resolution. No. I'm sorry. Senator
4 Stachowski.
5 SENATOR STACHOWSKI: I really
6 don't mean to hold things up, but I would be
7 remiss if I didn't stand also to congratulate
8 Dan and commend Senator Libous on his
9 resolution.
10 As somebody that happened to
11 bring the Bills and Jim Kelly in and has an
12 appreciation for athletics, I think Dan's story
13 is truly remarkable. How many people do we know
14 that can face a trial like this and instead of
15 feeling sorry for themselves and sitting back
16 and say, Why would this happen to me, he worked
17 all that much harder to accomplish all the
18 things that he's accomplished and people like
19 Dan are what we really consider truly role
20 models and the kind of people that should be
21 held up as examples and should be publicly
22 hailed so that maybe the young kids in different
23 parts of New York State will see all the
24 misfortune that faced Dan and how he took it and
25 rose above it, and so I would be remiss if I too
4746
1 didn't get up and congratulate him and commend
2 Senator Libous on his resolution.
3 ACTING PRESIDENT MEIER: Any
4 other Senator wish to be heard on the
5 resolution?
6 Question is on the resolution.
7 All those in favor signify by saying aye.
8 (Response of "Aye.")
9 Opposed nay.
10 (There was no response.)
11 The resolution is adopted.
12 Danny Kosick is with us today in
13 the chamber. He's accompanied in the gallery by
14 his father, Dan, his grandfather, Dan Kosick,
15 and his friend Tracy and also his girl friend
16 Laurie.
17 Danny, we extend to you today the
18 greetings of the Senate. We're very proud and
19 pleased to have you here. We congratulate you
20 on your achievement, and I'm sorry, Senator
21 Libous forgot to put your grandmother's name on
22 the list, and she can deal with him later.
23 But welcome to the Senate and
24 congratulations, Dan.
25 (Applause)
4747
1 Senator Skelos.
2 SENATOR SKELOS: Could we return
3 to reports of standing committees and to the
4 Finance report.
5 ACTING PRESIDENT MEIER: Reports
6 of standing committees. The Secretary will
7 read.
8 THE SECRETARY: Senator Stafford,
9 from the Committee on Finance, offers up the
10 following nomination:
11 As a member of the Battery Park
12 City Authority, Charles J. Urstadt, of
13 Bronxville.
14 ACTING PRESIDENT MEIER: Question
15 is on the confirmation of Charles J. Urstadt as
16 a member of the Battery Park City Authority.
17 All those in favor signify by saying aye.
18 (Response of "Aye.")
19 Opposed nay.
20 (There was no response. )
21 The nomination is confirmed.
22 Secretary will read.
23 THE SECRETARY: As a trustee of
24 the Power Authority of the state of New York,
25 Gerard D. Dimarco, of Rochester.
4748
1 ACTING PRESIDENT MEIER: Question
2 is on the confirmation of Gerard D. Dimarco as a
3 trustee of the Power Authority of the state of
4 New York. All those in favor signify by saying
5 aye.
6 (Response of "Aye.")
7 Opposed nay.
8 (There was no response. )
9 The nomination is confirmed.
10 Secretary will read.
11 THE SECRETARY: As a member of
12 the New York State Bridge Authority, Gladys
13 Goesch, of Germantown.
14 ACTING PRESIDENT MEIER: Senator
15 Skelos.
16 SENATOR SKELOS: Move the
17 confirmation.
18 ACTING PRESIDENT MEIER: Question
19 is on the confirmation of Gladys Goesch as a
20 member of the New York State Bridge Authority.
21 All those in favor signify by saying aye.
22 (Response of "Aye.")
23 Opposed nay.
24 (There was no response.)
25 The nomination is confirmed.
4749
1 Secretary will read.
2 THE SECRETARY: As members of the
3 Niagara Frontier Transportation Authority, John
4 D. Hoffman, of Clarence, and Stephen G. Juhasz,
5 of Amherst.
6 SENATOR SKELOS: Move
7 confirmation.
8 ACTING PRESIDENT MEIER: Question
9 is on the nominations of John D. Hoffman and
10 Stephen G. Juhasz as members of the Niagara
11 Frontier Transportation Authority.
12 Senator Stachowski.
13 SENATOR STACHOWSKI: Explain my
14 vote.
15 Mr. President, I have nothing
16 personal against either Mr. Hoffmann or Mr.
17 Juhasz. I imagine both gentlemen are very
18 capable. However, we have still yet to fill a
19 position on the Niagara Frontier Transportation
20 Authority that was formerly held by a union
21 member, so that there would be a voice of labor
22 on the board, and we continue to put business
23 people on and not that business people aren't
24 capable, but we think to have a well-rounded
25 board and have the interest of the whole
4750
1 community, basically a blue collar community, we
2 are remiss not to have appointed yet someone to
3 replace the labor seat that was filled by
4 another businessman.
5 So because of that reason, I vote
6 no on both Mr. Hoffman and Mr. John -- Stephen
7 Juhasz rather.
8 ACTING PRESIDENT MEIER: So
9 noted.
10 Senator Nanula.
11 SENATOR NANULA: Thank you, Mr.
12 President.
13 Consistent with Senator
14 Stachowski's comments, I too rise to vote
15 against these two nominations and believe that,
16 as was stated, we need diversity in a very
17 diverse community as we have in western New York
18 with the very diverse organization, the Niagara
19 Frontier Transportation Authority, an authority
20 that covers two counties, several cities, towns
21 and villages and several populations.
22 I think it's really poor
23 judgment, quite frankly, on behalf of the
24 Governor not to be recognizing labor with
25 respect to its important role in an authority
4751
1 such as Niagara Frontier Transportation
2 Authority.
3 For those reasons, I too stand to
4 vote no on these nominations.
5 Thank you.
6 ACTING PRESIDENT MEIER: So
7 noted.
8 Question is on the confirmation
9 of the nominations. All those in favor signify
10 by saying aye.
11 (Response of "Aye.")
12 Opposed nay.
13 (There was no response.)
14 The nomination is confirmed.
15 Secretary will read.
16 THE SECRETARY: Members of the
17 New York Convention Center Operating Corporation
18 Board of Directors, Edward P. Kane, of Rockville
19 Centre and Gary J. Lavine, of Fayetteville.
20 SENATOR SKELOS: Move the
21 nominations.
22 ACTING PRESIDENT MEIER: Question
23 is on the confirmation of Edward P. Kane and
24 Gary J. Lavine as members of the New York
25 Convention Center Operating Corporation Board of
4752
1 Directors.
2 Senator Skelos -- All those in
3 favor signify by saying aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (There was no response.)
7 The nominations are confirmed.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 if I could just interrupt. There will be an
11 immediate meeting of the Labor Committee in the
12 Majority Conference Room.
13 ACTING PRESIDENT MEIER:
14 Immediate meeting of the Labor Committee in the
15 Majority Conference Room.
16 Secretary will continue to read.
17 THE SECRETARY: As a member of
18 the State Racing Commission, Robert W. Lee, of
19 Gansevoort.
20 SENATOR SKELOS: Move the
21 confirmation.
22 ACTING PRESIDENT MEIER: Question
23 of is on the confirmation of Robert W. Lee as a
24 member of the State Racing Commission. All
25 those in favor signify by saying aye.
4753
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response.)
4 The nomination is confirmed.
5 Secretary will read.
6 THE SECRETARY: As a director of
7 the Municipal Assistance Corporation for the
8 city of New York, Alfred Kingon, of New York
9 City.
10 SENATOR SKELOS: Move
11 confirmation.
12 ACTING PRESIDENT MEIER: Question
13 is on the confirmation of Alfred Kingon as a
14 member of the Municipal Assistance Corporation
15 for the city of New York. All those in favor
16 signify by saying aye.
17 (Response of "Aye.")
18 Opposed nay.
19 (There was no response.)
20 The nomination is confirmed.
21 Secretary will read.
22 THE SECRETARY: As a member of
23 the New York State Hospital Review and Planning
24 Council, Paul F. Macielak, of Saratoga Springs.
25 SENATOR SKELOS: Move the
4754
1 confirmation.
2 ACTING PRESIDENT MEIER: Question
3 is on the confirmation of Paul F. Macielak as a
4 member of the New York State Hospital Review and
5 Planning Council. All those in favor signify by
6 saying aye.
7 (Response of "Aye.")
8 Opposed nay.
9 (There was no response.)
10 The nomination is confirmed.
11 Secretary will read.
12 THE SECRETARY: As a member of
13 the State Fire Prevention and Building Code
14 Council, Robert Hankin, of Poughkeepsie.
15 ACTING PRESIDENT MEIER: Senator
16 Skelos.
17 SENATOR SKELOS: Move the
18 confirmation.
19 ACTING PRESIDENT MEIER: Question
20 is on the confirmation of Robert Hankin as a
21 member of the State Fire Prevention and Building
22 Code Council. All those in favor signify by
23 saying aye.
24 (Response of "Aye.")
25 Opposed nay.
4755
1 (There was no response.)
2 The nomination is confirmed.
3 Secretary will read.
4 THE SECRETARY: As a member of
5 the Board of Visitors of the Capital District
6 Developmental Disabilities Services Office,
7 Thomas W. O'Connor, of Delmar.
8 SENATOR SKELOS: Move the
9 confirmation.
10 ACTING PRESIDENT MEIER: Question
11 is on the confirmation of Thomas W. O'Connor as
12 a member of the Board of Visitors of the Capital
13 District Developmental Disabilities Services
14 Offices. All those in favor signify by saying
15 aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response.)
19 The nomination is confirmed.
20 Secretary will continue to read.
21 SENATOR SKELOS: Mr. President,
22 are there any reports of select committees?
23 ACTING PRESIDENT MEIER:
24 Secretary will go to the order of reports of
25 select committees.
4756
1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 SENATOR SKELOS: Mr. President, I
5 move to adopt the Resolution -- are there any
6 substitutions to be made? Please make the
7 substitutions.
8 ACTING PRESIDENT MEIER:
9 Secretary will read the substitutions.
10 THE SECRETARY: On page 5,
11 Senator Velella moves to discharge from the
12 Committee on Rules Assembly Bill 1829-A, and
13 substitute it for the identical Senate bill
14 1189-A.
15 On page 30, Senator Kuhl moves to
16 discharge from the Committee on Rules Assembly
17 Print 4833-B, and substitute it for the
18 identical Senate Print 2846-B.
19 On page 43, Senator LaValle moves
20 to discharge from the Committee on Rules
21 Assembly bill 8637-B, and substitute it for the
22 identical Senate bill 5780-A.
23 On page 43, Senator Holland moves
24 to discharge from the Committee on Rules
25 Assembly Print 5661, and substitute it for the
4757
1 identical Senate bill 6036.
2 On page 43, Senator Seward moves
3 to discharge from the Committee on Rules
4 Assembly bill 9642, and substitute it for the
5 identical Senate bill 6391.
6 On page 44, Senator Leibell moves
7 to discharge from the Committee Rules Assembly
8 bill 10297, and substitute it for the identical
9 Senate bill 6830.
10 On page 44, Senator Leibell moves
11 to discharge from the Committee on Rules
12 Assembly bill 10298, and substitute it for the
13 identical Senate bill 6831.
14 On page 44, Senator Leibell moves
15 to discharge from the Committee on Rules
16 Assembly bill 9145, and substitute it for the
17 identical Senate bill 7288.
18 ACTING PRESIDENT MEIER:
19 Substitutions ordered.
20 Senator Skelos.
21 SENATOR SKELOS: Are there any
22 motions on the floor?
23 ACTING PRESIDENT MEIER: Senator
24 Nozzolio.
25 SENATOR NOZZOLIO: Mr. President,
4758
1 I have a number of motions I wish to make.
2 On behalf of Senator Velella,
3 please place a sponsor's star on Calendar Number
4 1376.
5 ACTING PRESIDENT MEIER:
6 Sponsor's star will be placed on Calendar 1376.
7 SENATOR NOZZOLIO: And on behalf
8 of Senator Larkin, please call up Print Number
9 3840, recalled from the Assembly which is now at
10 the desk.
11 ACTING PRESIDENT MEIER:
12 Secretary will read.
13 THE SECRETARY: By Senator
14 Larkin, Senate Print 3840, an act to amend
15 Chapter 698 of the Laws of 1991.
16 SENATOR NOZZOLIO: I now move to
17 to reconsider the vote by which this bill was
18 passed.
19 ACTING PRESIDENT MEIER: Call the
20 roll on reconsideration.
21 (The Secretary called the roll on
22 reconsideration.)
23 THE SECRETARY: Ayes 58.
24 ACTING PRESIDENT MEIER: Senator
25 Nozzolio.
4759
1 SENATOR NOZZOLIO: Mr. President,
2 on behalf of Senator Larkin, I now offer the
3 following amendments.
4 ACTING PRESIDENT MEIER:
5 Amendments received.
6 Senator Nozzolio.
7 SENATOR NOZZOLIO: Mr. President,
8 on page 29, I offer the following amendments to
9 Calendar Number 921, Senate Print Number 5508,
10 on behalf of Senator Marchi, and ask the bill
11 retain its place on the Third Reading Calendar.
12 ACTING PRESIDENT MEIER:
13 Amendments are received, and the bill will
14 retain its place on the Third Reading Calendar.
15 Senator Nozzolio.
16 SENATOR NOZZOLIO: Mr. President,
17 on page 29, I offer the following amendments to
18 Calendar 920, Senate print 1893-B, and ask that
19 said bill retain its place on the Third Reading
20 Calendar, on behalf of Senator Maltese.
21 ACTING PRESIDENT MEIER:
22 Amendments received, and the bill will retain
23 its place on the Third Reading Calendar.
24 Senator Nozzolio.
25 SENATOR NOZZOLIO: Mr. President,
4760
1 on page 11, I offer the following amendments to
2 Calendar Number 356, Senate Print 4597-A, and
3 ask that the said bill retain its place, on the
4 Third Reading Calendar on behalf of Senator
5 Velella.
6 ACTING PRESIDENT MEIER:
7 Amendments are received, and the bill will
8 retain its place on the Third Reading Calendar.
9 Senator Nozzolio.
10 SENATOR NOZZOLIO: Mr. President,
11 on page 42, I offer the following amendments to
12 Calendar Number 1303, Senate Print 7491, and ask
13 that said bill retain its place on the Third
14 Reading Calendar, on behalf of Senator
15 Stafford.
16 ACTING PRESIDENT MEIER:
17 Amendments received, and the bill will retain
18 its place on the Third Reading Calendar.
19 Senator Kuhl.
20 SENATOR KUHL: Yes, Mr.
21 President.
22 Yesterday I was out of the
23 chamber when two votes were taken, particularly
24 on Calendar Number 40 and also on 1346. I would
25 like the record to reflect that had I been in
4761
1 the chamber, that I would have cast my vote in
2 the negative on both bills.
3 ACTING PRESIDENT MEIER: The
4 record will so reflect.
5 SENATOR KUHL: Thank you.
6 ACTING PRESIDENT MEIER: Senator
7 Skelos.
8 SENATOR SKELOS: Mr. President,
9 at this time could we adopt the Resolution
10 Calendar with the exception of Resolutions 3891
11 and 3961.
12 ACTING PRESIDENT MEIER: All in
13 favor of adopting the Resolution Calendar with
14 the exception of Resolutions 3891 and 3961,
15 signify by saying aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response.)
19 The Resolution Calendar is
20 adopted.
21 SENATOR SKELOS: Mr. President,
22 3961 was adopted. May we please take up
23 Resolution 3891 by Senator Lachman, which was
24 previously adopted on June 9th and have the
25 title read.
4762
1 ACTING PRESIDENT MEIER:
2 Secretary will read the title.
3 THE SECRETARY: By Senator
4 Lachman, Legislative Resolution honoring the
5 life and accomplishments of Rabbi Moshe Sherer.
6 ACTING PRESIDENT MEIER: Senator
7 Lachman.
8 SENATOR LACHMAN: I rise, Mr.
9 President, to say a few words about the life of
10 Rabbi Sherer. I believe that the resolution is
11 at the desk. Could you perhaps summarize the
12 resolution, a few paragraphs?
13 ACTING PRESIDENT MEIER: Senator,
14 the title was requested.
15 SENATOR LACHMAN: All right.
16 That will be sufficient.
17 A month ago I attended a funeral
18 at which 20,000 people were present. It was the
19 first time in my life that I ever attended a
20 funeral where we had over 20,000 people
21 present. Besides the Vice-President, who paid
22 his respects prior to the funeral, the Governor,
23 the Mayor and numerous public officials, there
24 were people -- average people, who took off from
25 work to attend the funeral of Rabbi Moshe
4763
1 Sherer, a name that is not always familiar with
2 lay people in New York City or around the
3 country.
4 Why do so many people come to pay
5 their respects to such extraordinary
6 individuals? Rabbi Moshe Sherer was a man of
7 tremendous integrity, charisma, dignity,
8 intelligence, and eloquence. 55 years ago he
9 took a small organization, Agudith Israel, and
10 brought it to a pinnacle of where it is today,
11 the largest Orthodox Jewish organization in the
12 United States of America.
13 He met with presidents and prime
14 ministers, heads of state, and yet when one of
15 his friends entered his office and one day saw
16 on one wall pictures of John F. Kennedy, Robert
17 F. Kennedy, Lyndon Johnson, George Bush, Gerald
18 Ford, Ronald Reagan, all inscribed to Rabbi
19 Sherer, he said to his guest, to his visitor,
20 You're looking at the wrong wall. Look at the
21 opposite wall for the important people, and the
22 opposite wall, the individual knew no one.
23 These were the great philosophers, the great
24 theologians, the great religious thinkers of the
25 18th, 19th and 20th Century.
4764
1 Rabbi Sherer was a man who was
2 not a headline hunter. He worked behind the
3 scenes in the most effective manner possible,
4 becoming a bridge builder, bridging together the
5 Jewish community, bringing Christians and Jews
6 together, bringing blacks and whites and Latinos
7 and Asians togetheer, on behalf of a common
8 agenda, and on behalf of common goals. He was a
9 great communicator of his time and, as I've
10 said, he was a giant in his generation.
11 In the years of World War II,
12 between 1941 and '45 when he was only in his
13 20s, he led a drive to rescue Jews from Nazi
14 dominated Germany and from Nazi-dominated Europe
15 and after World War II, led a drive to supply
16 food to people in displaced persons camps. In
17 1965, he became a national figure when he was
18 one of the few national Jewish leaders who
19 supported President Lyndon Baines Johnson's
20 Elementary/Secondary Education Act, and there
21 was a division in the community whether a
22 provision of that act should be supported which
23 was Title I, later Chapter 1, that federal funds
24 should go to economically and educationally
25 deprived children regardless of what schools
4765
1 they attended, and that is as part of the child
2 benefit theory of the Constitution. This
3 decision was recently upheld, in Felton -- in
4 the Felton case, and is the law of the land once
5 again.
6 He also was involved in
7 developing other operations, a national
8 accreditation body, the seminary, the Yeshivas
9 for post-secondary school work. He was involved
10 in the creation of the Southern Brooklyn
11 Community Organization, affordable housing for
12 all people in Southern Brooklyn, and last
13 September, there was an international event that
14 reached the first page of the New York Times
15 when over 75,000 people, almost 100,000 people
16 gathered around the world in Madison Square
17 Garden in the Nassau Coliseum, and in the 50
18 states of the Union, in Asia, in Europe, in the
19 Middle East, to celebrate and to experience the
20 celebration of completing the Talmud and to
21 start reading the Talmud again.
22 This was a major spiritual
23 experience that was recognized by all. Rabbi
24 Sherer was a mentor, a teacher, a leader to
25 thousands of people, and those of us who have
4766
1 survived him can best remember him by attempting
2 to achieve those goals and those objectives that
3 he sought in his lifetime.
4 Thank you.
5 ACTING PRESIDENT MEIER: The
6 resolution was previously adopted.
7 Senator Balboni.
8 SENATOR BALBONI: Thank you,
9 yes.
10 Mr. President, at this time could
11 we please take up the non-controversial
12 calendar.
13 ACTING PRESIDENT MEIER:
14 Secretary will read the non-controversial
15 calendar.
16 THE SECRETARY: Calendar Number
17 56, by Senator Skelos, Senate Print 308-B, an
18 act to amend the Vehicle and Traffic Law.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the first day of
23 November.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
4767
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 58.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 213, by Senator Kuhl, Senate Print 3157-B, an
7 act to amend the Environmental Conservation Law,
8 in relation to use of pesticides.
9 ACTING PRESIDENT MEIER: Senator
10 Balboni.
11 SENATOR BALBONI: Lay the bill
12 aside for the day, please.
13 ACTING PRESIDENT MEIER: Lay the
14 bill aside for the day.
15 THE SECRETARY: Calendar Number
16 256, by Senator Johnson, Senate Print 2550-E, an
17 act to amend the Vehicle and Traffic Law, in
18 relation to motor vehicle accident prevention
19 courses.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect in 120 days.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
4768
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 58.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 Senator Kuhl.
6 SENATOR KUHL: Negative on that
7 bill, Calendar Number 256.
8 ACTING PRESIDENT MEIER: Without
9 objection, Senator Kuhl will be recorded in the
10 negative on Calendar Number 256.
11 Secretary will continue to read.
12 THE SECRETARY: Calendar Number
13 331, by Senator Velella, Senate Print 934, an
14 act to amend the Public Health Law, in relation
15 to requiring.
16 SENATOR BALBONI: Please lay
17 aside that bill, please, for the day.
18 ACTING PRESIDENT MEIER: Lay the
19 bill aside for the day.
20 THE SECRETARY: Calendar Number
21 335, by Senator LaValle, Senate Print 2657, an
22 act to amend the Public Health Law, in relation
23 to authorizing.
24 SENATOR PATERSON: Lay aside.
25 ACTING PRESIDENT MEIER: Lay it
4769
1 aside.
2 THE SECRETARY: 378, by Senator
3 Seward, Senate Print 3095-A, an act to amend the
4 Town Law, in relation to qualifications.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 58.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 389, by member of the Assembly Sanders, Assembly
17 Print 4442-D, an act to amend the Education
18 Law.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the first day of July.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
4770
1 THE SECRETARY: Ayes 57, nays
2 one, Senator DeFrancisco recorded in the
3 negative.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 390, by member of the Assembly Miller, Assembly
8 Print 8836-A, an act to authorize the payment of
9 transportation aid.
10 ACTING PRESIDENT MEIER: There is
11 a local finance impact statement at the desk.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 58.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 431, by Senator LaValle, Senate Print 4741-A, an
23 act to amend Chapter 554 of the Laws of 1996.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
4771
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 58.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 496, by the Assembly Committee on Rules,
11 Assembly Print 8437, an act to amend the
12 Agriculture and Markets Law.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 SENATOR PATERSON: Lay aside.
16 ACTING PRESIDENT MEIER: Lay
17 aside.
18 THE SECRETARY: Calendar Number
19 664, by Senator Holland, Senate Print 5989-B, an
20 act to amend the Social Services Law.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
4772
1 roll.
2 (he Secretary called the roll.)
3 THE SECRETARY: Ayes 58.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 756, by Senator Libous, Senate Print 1919, an
8 act to amend the General Business Law.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first day of
13 January.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 58.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 774, by member of the Assembly Weisenberg,
22 Assembly Print 10046-A, an act to amend the
23 Public Health Law.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
4773
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 58.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 797, by Senator Spano, Senate Print 7027, an act
11 to amend the Labor Law.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 58.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 810, by Senator Saland, Senate Print 3612, an
24 act to amend the Executive Law and the Family
25 Court Act.
4774
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect in 90 days.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 58.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 814, by Senator Saland, Senate Print 7302-A, an
13 act to amend the Social Services Law.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 833, by Senator -
4775
1 SENATOR GOLD: Lay aside.
2 ACTING PRESIDENT MEIER: Lay the
3 bill aside.
4 THE SECRETARY: Calendar Number
5 854, by member of the Assembly Connelly,
6 Assembly Print 2633, an act to amend the
7 Environmental Conservation Law.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 58.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 871, by Senator Farley, Senate Print 7352-B.
20 SENATOR BALBONI: Mr. President,
21 could we lay the bill aside temporarily.
22 ACTING PRESIDENT MEIER: Lay the
23 bill aside temporarily.
24 THE SECRETARY: Calendar Number
25 879, by Senator Velella, Senate Print 4417-D, an
4776
1 act to amend the Insurance Law, in relation to
2 risk-based capital.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 6. This
6 act shall take effect immediately.
7 SENATOR GOLD: Lay aside.
8 ACTING PRESIDENT MEIER: Lay the
9 bill aside.
10 THE SECRETARY: Calendar Number
11 916, by Senator Marcellino, an act to amend the
12 Real Property Tax Law.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 58.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 922, by member of the Assembly Sweeney, Assembly
25 Print 9583-E, an act to amend the Public Health
4777
1 Law.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 58.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: In relation to
13 Calendar Number 958, Senator Libous moves to
14 discharge from the Committee on Rules Assembly
15 Bill 9367-B and substitute it for the identical
16 Senate bill, 6145-C.
17 ACTING PRESIDENT MEIER:
18 Substitution ordered. Secretary will read.
19 THE SECRETARY: Calendar Number
20 958, by member of the Assembly Warner, Assembly
21 Print 9367-B, an act to authorize the payment of
22 transportation aid.
23 ACTING PRESIDENT MEIER: There is
24 a local finance impact note at the desk. Read
25 the last section.
4778
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 58.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1011, by Senator Trunzo, Senate Print 5473-B, an
11 act authorizing the town of Islip, county of
12 Suffolk.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: There is
18 a home rule message at the desk. Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1092, by Senator Balboni, Senate Print 7200-A,
4779
1 an act to amend the Tax Law.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 Secretary will read a
5 substitution.
6 THE SECRETARY: In relation to
7 Calendar Number 1092, Senator Balboni moves to
8 discharge from the Committee on Rules Assembly
9 Print 9324-A and substitute it for the identical
10 Senate bill 7200-A.
11 ACTING PRESIDENT MEIER:
12 Substitution ordered. Secretary will read.
13 THE SECRETARY: Calendar Number
14 1092, by Member of the Assembly DiNapoli,
15 Assembly Print 9324-A, an act to amend the Tax
16 Law.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 58.
25 ACTING PRESIDENT MEIER: The bill
4780
1 is passed.
2 THE SECRETARY: Calendar Number
3 1130, by member of the Assembly Lopez, Assembly
4 Print 10407-A, an act to amend Chapter 915 of
5 the Laws of 1982.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 SENATOR LEICHTER: Lay aside,
9 please.
10 ACTING PRESIDENT MEIER: Lay the
11 bill aside.
12 THE SECRETARY: Calendar Number
13 1195 by Senator Spano, Senate Print 7507-A, an
14 act to amend the Tax Law.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 SENATOR LEICHTER: Will you hold
18 on. Lay the bill aside.
19 ACTING PRESIDENT MEIER: Lay the
20 bill aside.
21 THE SECRETARY: Calendar Number
22 1198, by Senator Fuschillo, Senate Print 7546,
23 an act to amend the Vehicle and Traffic Law, in
24 relation to authorizing.
25 ACTING PRESIDENT MEIER: Read the
4781
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 58.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1262, by Senator Seward, Senate Print 7446, an
12 act to amend the Economic Development Law.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 58.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1264, by Senator Johnson, Senate Print 7450-A,
25 an act to amend the Vehicle and Traffic Law, in
4782
1 relation to cancellation.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 58.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1282, by Senator Wright, Senate Print 5358-B, an
14 act to amend the County Law.
15 ACTING PRESIDENT MEIER: There's
16 a home rule message at the desk. Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 58.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
4783
1 THE SECRETARY: Calendar Number
2 1353, by Senator Kuhl, Senate Print 2653, an act
3 to amend the Tax Law, in relation to exempting.
4 ACTING PRESIDENT MEIER: There's
5 a local fiscal impact note at the desk. Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first day of
9 October.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 58.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1354, by Senator Skelos.
18 SENATOR LEICHTER: Mr.
19 President. Mr. President.
20 ACTING PRESIDENT MEIER: Senator
21 Leichter.
22 SENATOR LEICHTER: Is Calendar
23 1262 still at the desk?
24 ACTING PRESIDENT MEIER: No, it
25 has left the desk, Senator.
4784
1 SENATOR LEICHTER: Well, I think
2 they're checking, Senator.
3 ACTING PRESIDENT MEIER: They've
4 confirmed that it's left the desk, Senator
5 Leichter.
6 SENATOR LEICHTER: I'm sorry, Mr.
7 President. I'm a little confused.
8 ACTING PRESIDENT MEIER: Wait a
9 minute. We're going to look again. I'm sorry,
10 Senator Leichter, it is, in fact, at the desk.
11 SENATOR LEICHTER: It has left
12 the desk?
13 ACTING PRESIDENT MEIER: It is at
14 the desk.
15 SENATOR LEICHTER: Oh, it is at
16 the desk.
17 ACTING PRESIDENT MEIER: It is at
18 the desk.
19 SENATOR LEICHTER: Well, may I
20 make a motion, please, to reconsider the vote by
21 which that bill was passed.
22 ACTING PRESIDENT MEIER: Senator
23 Leichter, can we finish the bill that we're on
24 and then return to your motion.
25 SENATOR LEICHTER: Good. In the
4785
1 meantime, you'll keep the bill at the desk.
2 Thank you.
3 ACTING PRESIDENT MEIER:
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1354, by Senator Skelos, Senate Print 5098-B, an
7 act to amend the Real Property Tax Law.
8 ACTING PRESIDENT MEIER: The last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect January 1st.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 58.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 SENATOR BALBONI: Mr. President,
19 I'd like to call an immediate meeting of the
20 Rules Committee in the Majority Conference
21 Room.
22 ACTING PRESIDENT MEIER: There
23 will be an immediate meeting of the Rules
24 Committee in the Majority Conference Room.
25 Senator Leichter.
4786
1 SENATOR LEICHTER: Mr. President,
2 would it be appropriate now for me to make my
3 motion to reconsider the vote by which 1262
4 passed?
5 ACTING PRESIDENT MEIER: Yes, it
6 would.
7 SENATOR LEICHTER: Fine. I make
8 that motion.
9 THE SECRETARY: Calendar Number
10 1262, by Senator Seward, Senate Print 7446, an
11 act to amend the Economic Development Law.
12 ACTING PRESIDENT MEIER: The
13 Secretary will call the roll on
14 reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 58.
18 SENATOR LEICHTER: Please lay
19 that bill aside.
20 ACTING PRESIDENT MEIER: Lay the
21 bill aside.
22 THE SECRETARY: Calendar Number
23 1355, by Senator Goodman, Senate Print 5477-C,
24 an act to amend the Public Health Law.
25 ACTING PRESIDENT MEIER: Read the
4787
1 last section.
2 SENATOR DOLLINGER: Lay aside.
3 ACTING PRESIDENT MEIER: Lay the
4 bill aside. Lay the bill aside.
5 THE SECRETARY: Calendar Number
6 1356, by Senator Smith, Senate Print 5696-A, an
7 act authorizing the city of New York.
8 ACTING PRESIDENT MEIER: There's
9 a home rule message at the desk. Read the last
10 section.
11 THE SECRETARY: Section 5. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 58.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1357, substituted earlier today, by the Assembly
21 Committee on Rules, Assembly Print 8637-B, an
22 act to amend the Mental Hygiene Law.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4788
1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 58.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1358, substituted earlier today, by member of
10 the Assembly McEneny, Assembly Print 5661, an
11 act authorizing and directing the Commissioner
12 of the office of General Services.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 58.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1359, by Senator Volker, Senate Print 6200, an
25 act to amend the Erie County Tax Act.
4789
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 58.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: In relation to
12 Calendar Number 1360, Senator Meier moves to
13 discharge from the Committee on Rules, Assembly
14 Print 9528-A, and substitute it for the
15 identical Senate bill 6311-A.
16 ACTING PRESIDENT MEIER:
17 Substitution ordered. Secretary will read.
18 THE SECRETARY: Calendar Number
19 1360, by member of the Assembly Destito,
20 Assembly Print 9528-A, an act authorizing the
21 city of Utica.
22 ACTING PRESIDENT MEIER: There's
23 a home rule message at the desk. Read the last
24 section.
25 THE SECRETARY: Section 2. This
4790
1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 58.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1361, by Senator Holland, Senate Print 6360-A,
10 an act to amend the Social Services law, in
11 relation to extending.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 58.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1362, substituted earlier today, Assembly Print
24 9642, by member of the Assembly Luster, an act
25 to amend Chapter 463 of the Laws of 1965.
4791
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 58.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1363, by Senator Trunzo, Senate Print 6528, an
13 act to amend the General Municipal Law.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1364, by Senator Santiago, Senate Print 6638-A,
4792
1 an act to authorize the city of New York.
2 ACTING PRESIDENT MEIER: There's
3 a home rule message at the desk. Read the last
4 section.
5 THE SECRETARY: Section 5. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 58.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1365, by Senator Breslin, Senate Print 6722-A,
15 an act to authorize the city of Cohoes.
16 ACTING PRESIDENT MEIER: There's
17 a home rule message at the desk. Read the last
18 section.
19 THE SECRETARY: Section 8. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 58.
25 ACTING PRESIDENT MEIER: The bill
4793
1 is passed.
2 THE SECRETARY: Calendar Number
3 1366, by Senator Johnson, Senate Print 6755, an
4 act to amend the Real Property Tax Law.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 58.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1367, substituted earlier today, by member of
17 the Assembly Matusow, Assembly Print Number
18 10297, an act to amend the Town Law and the
19 Public Officers Law.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
4794
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 58.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1368, substituted earlier today, by member of
7 the Assembly Matusow, Assembly Print 10298, an
8 act to amend the Town Law and the Public
9 Officers Law.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 58.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1369, by Senator Wright, Senate Print 6926, an
22 act to amend the General Municipal Law and the
23 General Finance Law.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
4795
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 58.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1370, by Senator Goodman, Senate Print 7008-A,
11 an act to amend the General Municipal Law, in
12 relation to temporary investments.
13 ACTING PRESIDENT MEIER: There's
14 a home rule message at the desk. Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect June 30, 1998.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 59.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1371, by Senator Skelos, Senate Print 7193-A, an
4796
1 act to amend Chapter 269 of the Laws of 1979.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 59.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1372, substituted earlier today, by member of
14 the Assembly Luster, Assembly Print 9145, an act
15 to amend the Education Law.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first day of
20 January.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 59.
25 ACTING PRESIDENT MEIER: The bill
4797
1 is passed.
2 THE SECRETARY: Calendar Number
3 1373, by Senator Saland, Senate Print 7385, an
4 act to authorize the town of LaGrange, in the
5 county of Dutchess.
6 ACTING PRESIDENT MEIER: There's
7 a home rule message at the desk. Read the last
8 section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 59.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1375, by Senator Maziarz, Senate Print 7527-A,
19 an act to legalize, validate ratify and
20 confirm.
21 ACTING PRESIDENT MEIER: There's
22 a home rule message at the desk. Read the last
23 section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
4798
1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 59.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1377, by Senator Marcellino, Senate Print 7626,
9 an act authorizing the assessor of the county of
10 Nassau.
11 ACTING PRESIDENT MEIER: Senator
12 Leichter.
13 SENATOR LEICHTER: I'm sorry, Mr.
14 President. We're going so fast that I occasion
15 ally miss one of these bills.
16 1376 we just passed?
17 ACTING PRESIDENT MEIER: 1376 is
18 starred, Senator.
19 SENATOR LEICHTER: Oh, O.K.
20 ACTING PRESIDENT MEIER: The
21 Secretary will continue to read.
22 THE SECRETARY: Calendar Number
23 1377, by Senator Marcellino, Senate Print 7626,
24 an act authorizing the assessor of the county of
25 Nassau to accept an application.
4799
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 59.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Excuse me. In
12 relation to Calendar Number 1377, ayes 58, nays
13 one, Senator Cook recorded in the negative.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1378, by Senator Skelos, Senate Print 7627, an
18 act authorizing the assessor of the county of
19 Nassau.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
4800
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 58, nays
3 one, Senator Cook recorded in the negative.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1379, by Senator Stafford, Senate Print 7644, an
8 act to amend Chapter 466 of the Laws of 1995.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 59.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1380, by Senator Volker, Senate Print 7659, an
21 act to amend the Mental Hygiene Law, the
22 Correction Law and the Criminal Procedure Law.
23 SENATOR PATERSON: Lay aside.
24 SENATOR LEICHTER: Lay aside.
25 ACTING PRESIDENT MEIER: Lay
4801
1 aside.
2 Senator Balboni, that completes
3 the reading of the non-controversial calendar.
4 SENATOR BALBONI: Mr. President,
5 can we please take up the controversial
6 calendar.
7 ACTING PRESIDENT MEIER:
8 Secretary will read the controversial calendar.
9 THE SECRETARY: Calendar Number
10 335, by Senator LaValle, Senate Print 2657, an
11 act to amend the Public Health Law, in relation
12 to authorizing.
13 SENATOR LEICHTER: Explanation.
14 SENATOR BALBONI: Mr. President,
15 will you please lay that bill aside temporarily.
16 ACTING PRESIDENT MEIER: We'll
17 lay the bill aside temporarily and ask the
18 Secretary to proceed.
19 THE SECRETARY: Calendar Number
20 496, by the Assembly Committee on Rules,
21 Assembly Print 8437, an act to amend the
22 Agriculture and Markets Law.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4802
1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 59.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 833, by Senator Balboni, Senate Print 4248-B, an
10 act to amend the Civil Practice Law and Rules.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 SENATOR BALBONI: Will you lay
14 the bill aside temporarily, please.
15 ACTING PRESIDENT MEIER: Lay the
16 bill aside temporarily. Secretary will continue
17 to read.
18 THE SECRETARY: In relation to
19 Calendar Number 871, Senator Farley moves to
20 discharge from the Committee on Rules Assembly
21 Print 10419-A and substitute it for the
22 identical Senate bill, 7352-B.
23 ACTING PRESIDENT MEIER:
24 Substitution ordered. Secretary will read.
25 THE SECRETARY: Calendar Number
4803
1 871, by member of the Assembly Lafayette,
2 Assembly Print 10419-A, an act to amend the
3 Banking Law.
4 SENATOR LEICHTER: Can we have an
5 explanation, please.
6 SENATOR BALBONI: Mr. President,
7 could we please lay that bill aside for the
8 day.
9 ACTING PRESIDENT MEIER: Lay the
10 bill aside for the day.
11 THE SECRETARY: Calendar Number
12 879, by Senator Velella, Senate Print 4417-D, an
13 act to amend the Insurance Law, in relation to
14 risk-based capital requirements.
15 ACTING PRESIDENT MEIER: Read the
16 last section. Senator -
17 THE SECRETARY: Section 6. This
18 act -
19 ACTING PRESIDENT MEIER: Senator
20 Balboni.
21 SENATOR BALBONI: Would you lay
22 the bill aside temporarily, please.
23 ACTING PRESIDENT MEIER: Lay the
24 bill aside temporarily.
25 Senator Leichter.
4804
1 SENATOR LEICHTER: I think your
2 acting floor leader made a good point that many
3 members are at the Rules Committee meeting. I'm
4 supposed to be at the Rules Committee meeting.
5 Could it -- would it be possible when we have
6 these meetings of the Rules Committee, to
7 suspend the proceedings in the house until the
8 Rules Committee is finished?
9 SENATOR BALBONI: Mr. President,
10 if we might please continue, let's see how we do
11 with the list. Perhaps there are some members
12 that will be here and let's see if we might
13 proceed, but we're considering your request,
14 Senator Leichter.
15 SENATOR LEICHTER: If I may just
16 point out, I don't think we're doing very well
17 and there are people like myself who should be
18 at the Rules Committee meeting.
19 SENATOR BALBONI: Well, Senator,
20 if we carry on, perhaps we'll find a sponsor.
21 ACTING PRESIDENT MEIER:
22 Secretary will continue to read the
23 controversial calendar.
24 THE SECRETARY: Calendar Number
25 1130, by member of the Assembly Lopez, Assembly
4805
1 Print 10407-A, an act to amend Chapter 915 of
2 the Laws of 1982.
3 SENATOR LEICHTER: Could we have
4 an explanation.
5 ACTING PRESIDENT MEIER: Senator
6 Leibell, an explanation has been requested of
7 1130, by Senator Leichter.
8 SENATOR LEIBELL: I'm not on the
9 Rules Committee.
10 This bill would extend the sun
11 set date of SONYMA's mortgage financing and
12 mortgage insurance program and increase the
13 maximum amount of tax-exempt bonds which SONYMA
14 is authorized to issue. Further, the bill
15 extends the date to the 15th of June 1999 for
16 persons looking forward to mortgages, provides
17 insurance for SONYMA mortgages, establishes an
18 infrastructure trust fund and extends SONYMA's
19 authority to issue new money, taxes and bonds.
20 The Authority is scheduled to
21 expire on July 15th of this year. The bill
22 would also extend to March 31st, 2000 SONYMA's
23 authority to issue taxable bonds and would
24 further increase SONYMA's taxable bonding
25 authority by $300 million to $3.9 billion. The
4806
1 extension of SONYMA's authority to issue money,
2 taxes and bonds will allow the Authority to
3 issue bonds after July 15, 1998.
4 SONYMA has long been recognized
5 as a leader in the housing finance industry and
6 is greatly helping the agency's primary target
7 group, low and moderate income first time home
8 buyers. SONYMA program bill.
9 ACTING PRESIDENT MEIER: Senator
10 Leichter.
11 SENATOR LEICHTER: If Senator
12 Leibell would yield.
13 ACTING PRESIDENT MEIER: Senator
14 Leibell, would you yield for a question?
15 SENATOR LEIBELL: Yes, my
16 pleasure.
17 ACTING PRESIDENT MEIER: Senator
18 yields.
19 SENATOR LEICHTER: Senator, I
20 have one concern which I confess is a parochial
21 concern, and that's the availability of some of
22 this SONYMA money for a project in my district
23 known as Riverside South which is, as you
24 rightly point out, sponsored by that great real
25 estate impresario, Donald Trump.
4807
1 Do you know whether any of the
2 monies, the additional authority that we're
3 giving to SONYMA, is intended to be available
4 for the Riverside South project?
5 SENATOR LEIBELL: In fact, the
6 reason I was aware of that because we had
7 discussed this before on the floor. No, I'm not
8 aware of it, but I have in the past after we
9 have had this discussion, expressed your
10 concern, Senator, to SONYMA and I'm not aware of
11 any funds that are there.
12 SENATOR LEICHTER: O.K. It -- if
13 you'd continue to yield, and let me thank you
14 for -
15 ACTING PRESIDENT MEIER: Senator
16 Leibell, do you continue to yield?
17 SENATOR LEIBELL: Yes, I do.
18 ACTING PRESIDENT MEIER: Senator
19 yields.
20 SENATOR LEICHTER: And let me
21 thank my friend for his sensitivity and
22 consideration. I appreciate that. But I just
23 want to be clear, as far as you have been
24 advised by SONYMA, they have not advised you
25 that any of this amount would be available for
4808
1 Riverside South; is that a fair statement?
2 SENATOR LEIBELL: They have never
3 spoken to me at all about any funding going into
4 that project. I am not aware of any.
5 SENATOR LEICHTER: Senator, and
6 if you continue to yield.
7 ACTING PRESIDENT MEIER: Senator
8 Leibell, do you continue to yield?
9 SENATOR LEIBELL: Yes.
10 ACTING PRESIDENT MEIER: Senator
11 yields.
12 SENATOR LEICHTER: And when you
13 expressed the concern about whether any of this
14 money would go to Riverside South, did they make
15 any statement or representation as to whether
16 any of that money might be available for
17 Riverside South?
18 SENATOR LEIBELL: At the time
19 they told me there was no current intention of
20 doing so, but I did also give them your name and
21 advise them that, if they should have any
22 concerns in this area, they should advise you
23 directly inasmuch as I didn't know when we'd be
24 debating this -
25 SENATOR LEICHTER: You gave them
4809
1 my phone number too?
2 SENATOR LEIBELL: Your home phone
3 number.
4 SENATOR LEICHTER: O.K., because
5 I've been sitting by the phone, and it hasn't
6 rung. So, O.K. Let me thank you. I'm not going
7 to hold up a SONYMA appropriation which I think
8 serves a purpose for the people of the state of
9 New York, but I just want to say I think it
10 would be a misuse of SONYMA's powers and a
11 misuse of public funds to make this money
12 available for a luxury development where the
13 rents are going to be thousands and thousands of
14 dollars a month, where the price for purchase of
15 a co-op or condominium would be in the range of
16 millions of dollars. I don't think that we want
17 to subsidize that sort of housing and, with the
18 assurance that I have received from Senator
19 Leibell, for which I again thank you, Senator,
20 I'll vote for the bill.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
4810
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1195, by Senator Spano, Senate Print 7507-A, an
8 act to amend the Tax Law, in relation to
9 creating an exception.
10 ACTING PRESIDENT MEIER: Senator
11 Spano, an explanation has been requested of
12 Calendar Number 1195.
13 SENATOR SPANO: Mr. President,
14 this bill has been dubbed "Leslie's Law" and it
15 stems from a woman who lives in Halfmoon, New
16 York who is Leslie Selkirk, is a mother of
17 five. The state Tax Department was going to
18 seize money from her -- threatened -- from her
19 checking account, threatening to take her
20 property and garnish her wages for $2600 that
21 was owed -
22 SENATOR LEICHTER: Explanation
23 satisfactory. Thank you.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
4811
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 59.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1262, by Senator Seward, Senate Print 7446, an
11 act to amend the Economic Development Law.
12 SENATOR LEICHTER: Explanation.
13 ACTING PRESIDENT MEIER: Senator
14 Leichter, as soon as we find the sponsor, we'll
15 give you an explanation.
16 Senator Seward, an explanation
17 has been requested of Calendar Number 1262, by
18 Senator Leichter.
19 SENATOR LEICHTER: Certainly, Mr.
20 President.
21 One of the best things in my
22 estimation that this Legislature accomplished
23 last year in 1997 was after a several-week
24 conference committee, we as a legislature
25 produced a product that's called "Power for
4812
1 Jobs" program. It was Chapter 316 of the Laws
2 of 1997, and under the Power for Jobs program,
3 we provided 400 megawatts of low cost power over
4 a three-year period to go to businesses which
5 agree to either create or retain jobs in New
6 York State, and I was very pleased that up to 75
7 megawatts of that power is available to small
8 businesses as well as not-for-profit
9 corporations.
10 Now, this bill before us today
11 amends the -- the measure that we passed and
12 enacted last year to simply increase the amount
13 of power available under the Power for Jobs
14 program by adding another 400 megawatts of power
15 to be available. Now, this also, of course,
16 doubles the amount of power available to small
17 businesses and not-for-profit corporations as
18 well, and under this legislation the 400
19 megawatts of power that we are adding would not
20 -- the only change from last year is the
21 additional 400 megawatts that we would be adding
22 under this bill would not be allocated by
23 utility service territory as the original 400
24 megawatts was and will continue to be. The
25 additional 400 megawatts will be distributed
4813
1 based on the best application for the power.
2 Now, why -- why add this
3 additional 400 megawatts? The demand for the
4 Power for Jobs electricity had vastly exceeded
5 the supply. The 276 applications that have been
6 received as of a few weeks ago at the Power
7 Authority requests nearly 550 megawatts. That's
8 417 megawatts more than that's available this
9 year under this program under existing law.
10 So this has been a very
11 successful program. All told it has helped to
12 create or retain nearly 100,000 jobs in New York
13 State, and the demand is exceeding the power
14 that's available under the existing law. Thus
15 the bill before us today, Mr. President, to
16 provide an additional 400 megawatts of power and
17 to continue to create and retain even more jobs
18 in New York State. That's somethjing that's
19 very, very important to all of our constituents
20 all over this state.
21 ACTING PRESIDENT MEIER: Senator
22 Leichter.
23 SENATOR LEICHTER: Mr. President,
24 if Senator Seward would yield, please.
25 ACTING PRESIDENT MEIER: Senator
4814
1 Seward, do you yield for a question?
2 SENATOR SEWARD: Yes.
3 ACTING PRESIDENT MEIER: Senator
4 yields.
5 SENATOR LEICHTER: Senator, thank
6 you for the explanation.
7 One of the things I was
8 interested in was whether the not-for-profits
9 and small businesses would benefit, and you've
10 answered that, and I apprciate knowing that
11 indeed they will benefit from this.
12 The next question I have, if you
13 would let us know, is this an agreed-upon bill?
14 SENATOR SEWARD: The bill has a
15 number of Majority Assembly members that are
16 sponsoring it in the other house and I -- it
17 would be agreed upon in terms of Majority
18 members in the other house, and we are hopeful
19 that by week's end the other house will take
20 action on this bill, because it is building on
21 the -- a program, Power for Jobs, which was, as
22 I said earlier, created and authored mutually by
23 the Assembly and the Senate through the
24 conference committee that we held last year.
25 SENATOR LEICHTER: Right. I
4815
1 remember that, Senator Seward, but if you would
2 be so good as to continue to yield. Could you
3 tell us why the manner of the allocation of the
4 power was changed, and that really made me
5 question whether there was agreement by the
6 other house to the allocation that you've now
7 set forth in this bill.
8 SENATOR SEWARD: Well, Mr.
9 President and Senator Leichter, we are not
10 changing the allocation that was agreed upon and
11 enacted last year for the original 400
12 megawatts. What we are doing under this measure
13 is, the additional 400 megawatts will not be
14 distributed based on the service territory of
15 the various utilities.
16 SENATOR LEICHTER: And what is
17 the reason for that?
18 SENATOR SEWARD: The reason for
19 that is that we have seen across the state
20 greater demands for this power in some parts of
21 the state which far exceed the available power
22 based on the allocations that were set up in
23 last year's legislation, so it makes perfect
24 sense if we are to help meet the demand that's
25 there for this cheaper power, it makes perfect
4816
1 sense then to, rather than get hung up on an
2 allocation formula, why not have this additional
3 power follow the best applications that are
4 submitted for the power, regardless of where
5 they are in the state?
6 SENATOR LEICHTER: Mr. President,
7 if Senator Seward will continue to yield.
8 ACTING PRESIDENT MEIER: Senator,
9 do you continue to yield?
10 SENATOR SEWARD: Certainly.
11 ACTING PRESIDENT MEIER: He
12 continues to yield. Senator Leichter.
13 SENATOR LEICHTER: Senator, I
14 think there's a certain logic and merit to
15 what you say, but I think there's also some
16 concern that the allocation may become more
17 politicized unless there are standards and
18 restrictions that are set forth in legislation.
19 What -- what guarantees, what assurance, do we
20 have that this isn't going to be done in a -- in
21 a biased, politically-driven manner?
22 SENATOR SEWARD: Well, Senator, I
23 would just say in response to your question that
24 I have not heard one hint of a charge on the
25 part of anyone that under this Power for Jobs
4817
1 program, that there's been any kind of politi
2 cization of the process of selecting the
3 applications. In fact, quite the contrary, the
4 -- the demand that we have seen for this power
5 comes from districts, legislative districts,
6 throughout this state. Individual legislators,
7 when an application is submitted from their
8 area, are notified under the -- under the law
9 that we passed last year, and so the legislators
10 from across this state, Republican and Democrat,
11 are part of the process. They're fully
12 notified, they go to bat, so there's an open
13 process and I just see no room here at all for
14 politicizing this.
15 SENATOR LEICHTER: Mr. President,
16 if Senator Seward will continue to yield. But,
17 Senator -
18 ACTING PRESIDENT MEIER: Senator,
19 do you continue to yield?
20 SENATOR LEICHTER: That's
21 precisely the reason -
22 ACTING PRESIDENT MEIER: Senator
23 Leichter, I'm waiting to hear if Senator Seward
24 continues to yield.
25 SENATOR SEWARD: Certainly.
4818
1 ACTING PRESIDENT MEIER: He
2 continues to yield.
3 SENATOR LEICHTER: That's
4 precisely the reason I raised that question.
5 You say it's functioning very well now. Then
6 you tell us that you're going to change the
7 allocation system, and my question to you is, is
8 there a risk in the manner in which we now will
9 do the allocation should your bill become law
10 that the system which has worked very well and,
11 as you tell us, in a non-political manner, may
12 become politicized?
13 SENATOR SEWARD: I certainly
14 don't -- do not anticipate this being
15 politicized. Let me -- let me go on to explain
16 something additionally to Senator Leichter, Mr.
17 President.
18 Under our existing law that we
19 passed last year, the Power Allocation Board
20 which actually approves and distributes this
21 power, the Power Allocation Board does have the
22 authority to move power from one service
23 territory to another at its discretion in order
24 to meet the demands that -- that may be there in
25 a different service territory and, in fact, they
4819
1 have done that on a couple of occasions already,
2 so with that in mind, Senator Leichter, it -
3 unless you can point to a situation where this
4 has been politicized, I -- I'm suggesting under
5 our bill that we're simply streamlining that
6 process to allow this power to move towards the
7 best applications that are submitted, those
8 applications that can meet the criteria which
9 will remain in place under -- under the law, so
10 frankly, Senator, I think you're looking for
11 trouble in all the wrong places here because it
12 does not exist and will not exist.
13 SENATOR LEICHTER: O.K. One final
14 question.
15 ACTING PRESIDENT MEIER: Senator
16 Seward, do you yield for another question?
17 SENATOR SEWARD: Certainly.
18 ACTING PRESIDENT MEIER: He
19 yields.
20 SENATOR LEICHTER: Senator, I'm
21 inclined to believe that the program has been
22 effective, but all you've given us really are
23 some very general comments on that. Do you have
24 any statistics on how effective the program has
25 been? What are the claims of jobs created, jobs
4820
1 retained? How many different businesses,
2 institutions, have benefited from this program?
3 SENATOR SEWARD: Well, Senator,
4 the -- the information that you're seeking, I
5 can share with you. The -- as of a few weeks
6 ago, which is the last power that was distrib
7 uted under this program, because all of the
8 available power for this year has been allocat
9 ed. There were a total of 152 allocations that
10 were approved for 76 businesses, 32 small
11 businesses and 44 not-for-profits, and combined
12 the allocations helped to retain and create more
13 than 100,000 jobs and these allo... the approved
14 allocations averaged 750 jobs per megawatt.
15 That's a ratio that is seven and a half times
16 the bench mark that has been used for economic
17 development power programs in the past.
18 So this program has been very
19 successful, has touched many businesses, but
20 more importantly, it's touched many working men
21 and women in New York, and their families, by
22 retaining and creating of jobs.
23 SENATOR LEICHTER: Excuse me, Mr.
24 President.
25 ACTING PRESIDENT MEIER: Senator
4821
1 Leichter.
2 SENATOR LEICHTER: Senator
3 Seward, thank you. I'm sorry that, frankly, your
4 response to the last question was as general as
5 it was, because I think it would be helpful to
6 have, you know, some statistics and facts and
7 figures. I think you indicated that you might
8 have some available and maybe you'll let me
9 share in that. I think it would be helpful for
10 us to have this.
11 I just want to say on the bill, I
12 am -- I -
13 ACTING PRESIDENT MEIER: Senator
14 Leichter, on the bill.
15 SENATOR LEICHTER: I am concerned
16 -- I am concerned somewhat about changing the
17 allocation because I think we've got a system
18 that's worked well as far as I understand it and
19 it hasn't been subject to political pressure.
20 I'll support the bill because I want to -- I
21 want to see this program increase, but I'd like
22 to -- I'd like to be assured, more so than
23 Senator Seward's good intentions -
24 ACTING PRESIDENT MEIER: Senator
25 Leichter, could you stop for just a second.
4822
1 Could we have some quiet in the chamber.
2 Senator Leichter, go ahead.
3 SENATOR LEICHTER: I think we
4 could look and have a right to seek assurances
5 that this, in fact, is not going to be done in a
6 political manner and that indeed all areas of
7 the state will continue to benefit from this
8 program.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 59.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1355, by Senator Goodman, Senate Print 5477-C,
21 an act to amend the Public Health Law.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
4823
1 SENATOR ONORATO: Explanation.
2 ACTING PRESIDENT MEIER: Senator
3 Goodman, an explanation has been requested by
4 Senator Onorato.
5 SENATOR GOODMAN: Mr. President,
6 the Senate Investigations Committee has recently
7 held a series of -- may we have some order, Mr.
8 President, if you please.
9 ACTING PRESIDENT MEIER: May we
10 have some order in the chamber so that we can
11 hear the debate and so the stenographer can take
12 it down.
13 SENATOR GOODMAN: Mr. President,
14 the Senate Investigations Committee has recently
15 examined the question of the possible use of
16 newly invented technology for the purpose of
17 saving the lives of those who suffer from
18 cardiac arrest. Cardiac arrest occurs when the
19 heart muscles function improperly and I'm going
20 to demonstrate this to you if you will give me
21 your attention.
22 Assume that my fist is the human
23 heart. The regular rhythm of the heart is
24 something of this sort. It's a regular rhythm
25 in which the muscle pumps oxygen to the rest of
4824
1 the body to keep it alive. In the case of
2 cardiac arrest, the heart muscle ceases to
3 function in its normal contractile method and
4 becomes a sort of Jello-like substance which
5 flickers but does not pump blood.
6 The question is somehow can we
7 restore a person to normal heart rhythm through
8 the use of defibrillation. Fibrillation is a
9 quivering or fluttering. Defibrillation is a
10 shock when it's administered to the Jello-like
11 muscle and it shocks that muscle to an extent
12 that it then can resume its normal shape and its
13 pumping action to save the individual's life.
14 Now, Mr. President, in the course
15 of its investigation of this matter, the
16 Investigations Committee learned that the single
17 most important life-saving measure that could be
18 undertaken in New York State and the nation
19 today would be to make more widely available the
20 so-called automatic defibrillator.
21 What is an automatic
22 defibrillator? It is a technological device
23 which has been developed by a number of
24 companies which permits the administration of a
25 shock to the quivering heart muscle in such
4825
1 fashion that it enables it to flatten out and
2 resume its normal function. This is not a
3 computer nor is it a portable radio that I am
4 holding in my hand, but rather the very latest
5 life-saving technology of the type that I've
6 just described to you, and I want you to see it,
7 if you will, because a picture is worth a
8 thousand words.
9 This simple device is the
10 automatic defibrillator, and the way this works
11 in the condition of emergency is, an individual
12 is down with a cardiac arrest. If that
13 individual is not up within five, at the most
14 ten minutes after that event, that individual
15 would die. This has been proven medically and
16 repeatedly and, unfortunately, we've lost many
17 people who have had difficulties of this sort.
18 By making these more widely
19 available and by permitting people to use them
20 without fear of liability, we're going to save
21 thousands of lives every year.
22 Mr. President, let me emphasize
23 that this machine is very unique in that after
24 the two paddles that flatten the chest have been
25 applied to that individual, the individual then
4826
1 who is operating this machine then listens to
2 the machine and the machines determines whether
3 it can -- whether the shock should properly be
4 administered, whether the heart failure is one
5 that is susceptible to defibrillation. If it is
6 susceptible, the shook is administered and the
7 machinery then permits the resumption of normal
8 heart rhythm. If the heart fails again, then
9 the machine continues to indicate that and can
10 administer a second or even a third shock if
11 necessary.
12 Now, let me emphasize that these
13 are easy to use and that all the while spoken
14 instructions are given by the machine, so there
15 is no way in which it can be misused if anyone
16 is able to understand the language in which the
17 instructions are given, and this can be a
18 bilingual or tri-lingual or multi-lingual
19 instruction packet.
20 We've just had a demonstration of
21 this using a defibrillator using a dummy and the
22 dummy I would be happy to tell you survived
23 fully in the demonstration that we had and is
24 now going to enjoy a full and productive life.
25 The dummy has expressed its thanks to this
4827
1 chamber for allowing us to demonstrate it, and
2 expresses the hope that this bill will pass
3 promptly.
4 Let me give you just a few more
5 pieces of information that may help you to
6 evaluate this proposal.
7 The American Heart Association
8 estimates that close to a hundred thousand
9 deaths nationwide could be prevented each year
10 if automated external defibrillators, and from
11 now on, we'll call them AEDs, were more widely
12 distributed.
13 People from rural or suburban
14 areas who are stricken with sudden cardiac
15 arrest have low survival rates because the
16 distance that an ambulance must travel to get to
17 them when they're in distress is so great that
18 the chances are it will not arrive on time.
19 Sudden cardiac arrest is usually
20 caused by a condition called ventricular
21 fibrillation which I've indicated to you -- the
22 nature of which I've indicated, and defibril
23 lators were first introduced in the early 1960s
24 but they could only be used then by paramedics,
25 nurses and physicians who received extensive
4828
1 training in interpretation of electrocardiogram
2 readings.
3 The developers of the portable
4 defibrillators, in the 1970s came up with a
5 major step forward, and these defibrillators
6 still required the operator to interpret the
7 electrocardiogram strips and that was an
8 extensive process.
9 This bill, by its passage, will
10 permit, as I've said, the widespread use of
11 this. Let me say that, since coming up with our
12 findings, the New York City Police Department
13 has placed one of these machines in each and
14 every one of its radio motor patrol cars and
15 expects that this will help it to save lives.
16 The fire department has long used defibrillators
17 and will now be able to use these portable
18 models, and the State Police have indicated
19 their full cooperation with the nurses at the
20 Capitol, with whom we just appeared, and I'd
21 like incidentally, to thank Liz Anthony, Nancy
22 Fyvie and Mickey Kelley who are the nurses
23 charged with keeping us well and healthy, for
24 their cooperation. They've indicated their
25 enormous support for this, as has the
4829
1 Commissioner of OGS, Joe Seymour, who was with
2 us a few moments ago at the conference at which
3 we announced this development.
4 So, my colleagues, I hope that
5 you will be fully in favor of this and will
6 allow us to pass the legislation which will
7 permit the wider use of this in what has again
8 been described as the most important single
9 medical help, life-saving measure that we could
10 possibly have in the United States or the state
11 of New York.
12 SENATOR DOLLINGER: Mr.
13 President.
14 ACTING PRESIDENT MEIER: Senator
15 Dollinger.
16 SENATOR DOLLINGER: Couple of
17 quick questions for the sponsor, Senator
18 Goodman.
19 ACTING PRESIDENT MEIER: Senator
20 Goodman, do you yield to a question from Senator
21 Dollinger? Senator yields.
22 SENATOR DOLLINGER: Senator, is
23 it your understanding that these defibrillators
24 which I think you accurately characterize as the
25 best life-saving device that we can put in the
4830
1 hands of our emergency personnel, is it your
2 intention that these would be more wildly
3 available in the hands of emergency personnel,
4 police, fire, EMS people, or that we would
5 encourage their use throughout our society in
6 restaurants and athletic clubs and other
7 places.
8 My question really deals with how
9 do we make sure that those people who are not of
10 the trained professional caliber as our police,
11 fire and EMS people, that they're capable of
12 determining when use of that machine is
13 appropriate and how to use it?
14 SENATOR GOODMAN: The answer to
15 that is we hope to make these as widely
16 available as a training program will permit.
17 The training program must be administered to any
18 individual who uses these, but at the moment,
19 even if an individual were trained by such a
20 program that individual, unfortunately, would be
21 subject to liability, and the Good Samaritan law
22 would not apply to such an individual.
23 The purpose of our legislation is
24 to see that the Good Samaritan provisions do so,
25 and make it possible for a well trained
4831
1 individual to use the devices in places of
2 public assembly of the type you mentioned. In
3 the Capitol, for instance, I think it would be
4 highly advisable for these to be available on
5 the legislative floor, on the second floor
6 where, I'm happy to say, they're anxious to have
7 them.
8 We've given these even to the
9 City Council in the city of New York. The press
10 stated at that time that it did not seem
11 appropriate to give them to the City Council or
12 to the executive chamber there because they
13 weren't sure those people had hearts, but we
14 ignored that and felt that they most assuredly
15 did and that they were worth saving, so that we
16 feel that this will be widely utilized and,
17 therefore, is a very appropriate matter.
18 SENATOR DOLLINGER: Through you,
19 Mr. President: How much training does it
20 actually take to use that? Seems as though it's
21 relatively -- as you describe it, a relatively
22 simple process.
23 SENATOR GOODMAN: Fifteen hours
24 -- fifteen should be sufficient to qualify an
25 individual to use it effectively.
4832
1 SENATOR DOLLINGER: Just one
2 other question, Mr. President, if the Senator
3 would yield.
4 ACTING PRESIDENT MEIER: Senator
5 Goodman, do you yield for another question?
6 SENATOR GOODMAN: Yes; yes, I do.
7 ACTING PRESIDENT MEIER: Senator
8 yields.
9 SENATOR DOLLINGER: Could you
10 just tell us, is the Medical Society in support
11 of this, and secondly I've been given some in
12 formation that the National Association of State
13 Emergency Service Directors was against the
14 wide-spread extension of the AEDs and yet -- or
15 at least a year ago. Do you know whether
16 they've changed their position or why the state
17 emergency medical directors would have been
18 against this?
19 SENATOR GOODMAN: The staunchest
20 supporters of our proposal in New York City,
21 where first of all, one of the most prominent
22 internal medicine specialists, in fact, the
23 chief of the service at Columbia Presbyterian
24 Medical Center, who was the one who
25 characterized this as the most important single
4833
1 life-saving measure that he knew of that could
2 be enacted anywhere in the country, the
3 emergency people of whom we had approximately a
4 half a dozen working with us in New York, were
5 the staunchest supporters of this because they
6 realized the relative simplicity of
7 administration and the extraordinary life
8 saving potential that these machines have.
9 It was their view that, if only
10 we could make these available, particularly to
11 emergency trained individuals, that it would
12 save literally thousands of lives, and we know
13 that about a thousand lives a day are snuffed
14 out due to cardiac arrest around the country.
15 So the answer to your question is yes, and may I
16 add further that the American Heart Association
17 is in full support of this. I have their memo
18 in support here if you care to examine it.
19 SENATOR DOLLINGER: Again through
20 you, Mr. President, just so I understand the
21 bill and, in summary, what this does is this
22 allows for collaborative agreements to buy these
23 in large numbers by -- for people to combine
24 into a collaborative agreement and buy it
25 through the collaborative agreement, and it also
4834
1 includes anyone who uses it within the scope of
2 the Good Samaritan law. Is that accurate,
3 that's what the bill, in essence, does?
4 SENATOR GOODMAN: Well, let me
5 just be a little more explicit about this
6 because I think you've described some -
7 SENATOR DOLLINGER: And it
8 requires training, of course, as part of it.
9 SENATOR GOODMAN: Yes. That's
10 the point I wanted to make, the training is the
11 critical prerequisite. You're absolutely right.
12 SENATOR DOLLINGER: So there's a
13 training component; there's a collaborative
14 agreement, that allows these things to be bought
15 and there is a exception to the Good Samaritan
16 law that says, if you're using this machine, you
17 don't have to run the risk of liability if
18 you're using it in an emergency situation.
19 ACTING PRESIDENT MEIER: Senator
20 Lachman.
21 SENATOR LACHMAN: I strongly
22 support this measure. I have a friend who is
23 alive today because he has this emergency
24 equipment available. But is there a provision
25 of the bill, Senator Goodman, that prevents
4835
1 those who are not qualified, those who are not
2 involved in emergency medical service, from
3 using something like this?
4 SENATOR GOODMAN: There is
5 something to prevent the promiscuous use of
6 this, Senator, and there are penalties, of
7 course, for use of non-prescription drugs and,
8 in effect, this would be a non-prescription.
9 SENATOR LACHMAN: That would be
10 after the fact.
11 SENATOR GOODMAN: I beg your
12 pardon?
13 SENATOR LACHMAN: That would be
14 after the fact. This is a more serious thing
15 than a non-prescription drug.
16 SENATOR GOODMAN: Well, of
17 course, we do not prescribe penalties for people
18 who illegally use it because the law already has
19 penalties for them who improperly use it and
20 they would be -
21 SENATOR LACHMAN: This does not
22 apply to anyone who does not fall within the
23 Good Samaritan law and doesn't have the ability
24 or the license to use it.
25 SENATOR GOODMAN: That's
4836
1 correct.
2 SENATOR LACHMAN: Thank you.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 59.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1380, by Senator Volker, Senate Print 7659, the
15 Education Law, the Correction Law and the
16 Criminal Procedure Law.
17 ACTING PRESIDENT MEIER: Senator
18 Volker, an explanation has been requested of
19 Calendar 1380 by Senator Paterson.
20 SENATOR VOLKER: Mr. President,
21 this is a bill -- a Governor's program bill
22 which was fairly recently introduced. It is
23 similar but not the same as a bill that passed
24 this house last year by a vote of 55 to 1. My
25 esteemed colleague, Senator Leichter, voted in
4837
1 the negative, which deals with the issue of
2 civil commitment of sexual predators.
3 What this bill does is to deal
4 with a Supreme Court case called Kansas vs.
5 Hedrick, which legalized or at least
6 constitutionally supported the proposition that
7 certain people who are considered sexually
8 violent predators could be kept in civil
9 detention after their full term is served, and
10 it sets up a process to do that.
11 The bill here builds upon
12 legislation which I sponsored, in effect, which
13 I believe is still on the calendar, which is
14 based on that Kansas vs. Hedrick decision, but
15 it improves many of the procedural issues. In
16 fact, some of the language in here resulted from
17 last year's debate. Now, some people may not
18 agree with that, but that's the fact.
19 For instance, let me just point
20 out one. Senator Dollinger, in the debate last
21 year -- and I have the debate here -- questioned
22 the issue of victim notification. There is an
23 extensive victim notification section in here,
24 in fact a section that says that the agency that
25 has the person is charged with notifying the
4838
1 victim when a person is considered a sexual
2 predator, and also obviously should the person
3 escape, and so forth.
4 Last year there was reference in
5 the bill but it wasn't specific. This bill has
6 much more specific reference to sexual predators
7 and to notification.
8 The second issue, another issue
9 that was discussed in last year's bill, is the
10 issue of district attorneys handling these cases
11 after the expiration of the term. Would there
12 be cost to localities? We assured everybody at
13 the time that the -- any cost to localities
14 would be absorbed by the state. What this bill
15 does is specifically point that out and
16 specifically doing that, but as one way it dealt
17 with is to shift the, if you want to call it
18 prosecution or the litigation of these cases to
19 the Attorney General's which would lift the
20 burden from the local district attorneys to do
21 that.
22 The bill, in addition to the
23 so-called VFO crimes, violent felony offense
24 crimes, Rape I, Sodomy I, and certain aggravated
25 sexual crimes, the bill permits the civil
4839
1 commitment of persons convicted of assault,
2 manslaughter, murder, kidnapping, burglary,
3 arsons, robbery, if the indictment charges that
4 the offense was sexually motivated and a
5 defendant either pleads guilty to all those
6 allegations or the offense was -- the jury
7 returns a special verdict that the commission of
8 the felony was sexually motivated.
9 The bill also sets up a
10 multi-disciplinary team to assess whether the
11 person was actually a sexually violent
12 predator. One of the questions last year was
13 how that would actually be determined. The
14 recommendation of this team would be to the
15 Attorney General.
16 The team would comprise a 15
17 member team organized into three five-member
18 groups established by the Commissioner of
19 Corrections in consultation with the
20 Commissioner of OMH.
21 This bill would also authorize a
22 prosecutor review committee to assist the
23 Attorney General in terms of filing a civil
24 commitment decision, and the members who would
25 be appointed by the AG would be composed of
4840
1 district attorneys, former district attorneys,
2 ADAs, and various people that are part of the
3 prosecutorial set-up.
4 The ADA can request a psychiatric
5 examination of the person prior to the
6 determination but, in any case, if the case goes
7 forward, there has to be a determination, a
8 physical, psychiatric examination. The
9 individual himself has the right to a
10 psychiatric examination. If you will notice, in
11 the bill, there is full knowledgeable
12 disclosure, but full coverage of the person's
13 rights, is entitled to an attorney from the OMH
14 developmental health attorneys, he's entitled to
15 an appellate attorney if the -- if there is an
16 appeal needed, and he's entitled to all sorts of
17 back-up.
18 One other issue, the question, on
19 the prosecution of these cases, whether 45 days
20 was enough prior to the -- the trial or the
21 proceeding and the 45 days was extended to 60
22 days, so essentially, that is the prime parts of
23 this bill. It is, as I say, essentially the
24 same bill that passed this house last year with
25 these procedural changes in the bill, which in
4841
1 fact were made because of the discussions that
2 were had on the floor of the Senate last year
3 since this bill did not pass the Assembly last
4 year. This is the only floor where this bill
5 had a chance to be debated.
6 SENATOR LEICHTER: Mr. President.
7 ACTING PRESIDENT MEIER: Senator
8 Leichter.
9 SENATOR LEICHTER: If Senator
10 Volker would yield for a question.
11 ACTING PRESIDENT MEIER: Senator
12 Volker, will you yield for a question from
13 Senator Leichter?
14 SENATOR VOLKER: Sure.
15 ACTING PRESIDENT MEIER: Senator
16 yields.
17 Senator Leichter.
18 SENATOR LEICHTER: Senator, I see
19 that the bill provides that in order to
20 establish somebody as a sexual predator, that it
21 must be beyond a reasonable doubt.
22 SENATOR VOLKER: Right.
23 SENATOR LEICHTER: I didn't know
24 whether that was from last year.
25 SENATOR VOLKER: It was. In fact,
4842
1 I don't know whether you remember, if I might
2 just ask, the Kansas vs. Hedrick decision that
3 wasn't necessarily the burden of proof in our
4 bill. We used it as a burden of proof because
5 we felt that that was important to do.
6 SENATOR LEICHTER: Right. But
7 what troubles me about this bill, and what makes
8 this procedure different than any procedure that
9 I know that we have in our penal system, is that
10 if somebody who has not committed a felony
11 crime, may have initially committed a crime but
12 at this moment may not be charged with a crime,
13 may nevertheless be incarcerated for the rest of
14 his life, for that matter, not on the basis
15 again of any act that he's done, but on the
16 basis that he may do some act in the future,
17 which is really a radical departure from the
18 jurisprudence of this state. My question to you
19 is, what sort of proof do you envisage which can
20 establish beyond mere conjecture or suspicion or
21 fear that somebody is indeed likely to commit
22 another crime so that society is justified in
23 staying in prison, even though you haven't
24 committed a crime, you're going to commit a
25 crime and, therefore, we're going to put you
4843
1 away.
2 SENATOR VOLKER: Well, I think
3 that your premise is entirely wrong. Everyone
4 involved in this procedure has committed a crime
5 and is a sexually violent predator in the first
6 place. He's considered a sexually violent
7 predator, therefore, has committed a crime, and
8 a crime is a crime.
9 The issue of commitment after the
10 person's term is up relates to protection you
11 could say not only for other people but in a
12 sense for himself, because the issue is if,
13 given the state of a great deal of -- I'm sure
14 you're aware, a great deal of study that has
15 been done and discussions that have been made on
16 these kinds of crimes, there are some grave
17 questions whether these people really being sent
18 to jail gets them into a situation where they
19 are prepared to be released to the public.
20 Now, when you say forever, keep
21 in mind that these -- these commitments can be
22 re-evaluated every year. They have the right to
23 be re-evaluated every year, based on the
24 situation. When you say what evidence, I just
25 reiterate to you there has to be a psychiatric
4844
1 examination. There has to be evidence put forth
2 and there has to be a jury trial if they
3 actually get to the point of trying to determine
4 whether this person should be civilly committed.
5 So I think there is ample
6 opportunity for these individuals to be able to
7 show that -- or to be able to demonstrate that
8 there is no reasonable doubt that they are not
9 -- they are not -- should be not subject to
10 this kind of a restriction. It's not, by the
11 way, a penal restriction. Remember, they are
12 going to be civilly committed, not criminally.
13 SENATOR LEICHTER: Mr.
14 President. Senator Volker, if you will continue
15 to yield.
16 ACTING PRESIDENT MEIER: Senator
17 Volker, do you continue to yield?
18 SENATOR VOLKER: Sure.
19 ACTING PRESIDENT MEIER: Senator
20 yields.
21 SENATOR LEICHTER: First,
22 Senator, let me correct two things that you
23 stated. First is it's true that this person has
24 committed a crime before but at this moment he
25 is not charged with a crime. He has committed a
4845
1 crime; it's a serious crime. He was penalized
2 for that crime. Now, he has served a sentence
3 and it is now a new proceeding to determine if
4 he should be incarcerated as a sexual predator
5 and to say, well, it's only a civil commitment,
6 the fact of the matter is the person is shut up
7 behind walls, he doesn't enjoy the liberty that
8 you and I and other people have, so it is an
9 incarceration.
10 But what I did not hear you say
11 is what sort of proof. Is it sufficient for
12 psychiatrists to state, Well, I think this
13 person may commit a crime. Is it -- is it
14 sufficient if somebody in the neighborhood says,
15 Well, we fear this person. What -- what is the
16 proof? Give me a -- give me an indication of
17 evidence that you have would see sufficient to
18 submit to a jury or a jury to determine that
19 this person should be physically committed.
20 SENATOR VOLKER: First of all,
21 Senator, it is not an incarceration. You can
22 call it all you want, it is not an
23 incarceration. Incarceration is in jail. This
24 person is not going to be in jail. This person
25 is going to be in a mental health facility,
4846
1 secure mental health facility separated, by the
2 way, from everybody.
3 Now, in the bill, we talk about
4 "general abnormality" and "general abnormality"
5 is defined in the bill. The determination would
6 be to determine not on conjecture, not on
7 assumption, but on evidence based on not only
8 the psychiatric evidence, obviously using the
9 previous crime, the testimony, the testimony of
10 what the person has done, what the person is,
11 and so forth, to determine whether there is a
12 mental abnormality that would cause that person
13 to be a danger to other people or in fact him or
14 herself, and I think that there is sufficient
15 procedures in this bill to protect the person
16 from mere conjecture, and you and I know that no
17 court would allow mere conjecture to have a
18 person be civilly committed.
19 SENATOR LEICHTER: Mr. President,
20 if Senator Volker will continue to yield.
21 ACTING PRESIDENT MEIER: Senator
22 Volker, do you continue to yield? The Senator
23 yields.
24 SENATOR LEICHTER: Senator, let
25 me just say I'm not going to get into an
4847
1 argument with you about incarceration or not,
2 but if you're put behind bars, walls, to say,
3 well, this is not incarceration, he's not in a
4 maximum security prison but he's certainly not
5 at liberty.
6 So I think we ought to be clear
7 certainly that we're depriving somebody of their
8 liberty, and I'm sure you would agree with that
9 definition, but what you've just said really
10 gets to the heart of what one of the things that
11 disturbs me about this bill.
12 We have a procedure now where
13 people can be found to be mentally disabled -- I
14 don't think that's the exact name but they're
15 found to be -
16 SENATOR VOLKER: Mentally
17 incompetent.
18 SENATOR LEICHTER: -- mentally
19 incompetent -- thank you -- and can be put into
20 a secure facility to avoid harm to society and
21 harm to themselves. We have that procedure and,
22 indeed, many people each year are committed
23 under that provision of the Mental Hygiene Law.
24 Why isn't that sufficient to
25 protect us in the case of a sexual predator?
4848
1 SENATOR VOLKER: The problem with
2 that process is that if that person is in that
3 condition to start with, then I assume there
4 would not be a prosecution. That person could
5 be held in prison to start with. That's the
6 reason for the difference here in the use of the
7 word "abnormality" and because we are talking
8 about people who have been classified here as
9 sexual predators based on the crimes that
10 they've committed and we would then -- using the
11 evidence that has been obtained, including the
12 psychiatric exam to determine whether they would
13 be a danger to society, we would assume probably
14 most of the people who would be evaluated
15 probably wouldn't be, but what we're trying to
16 do here is develop a process, a process, by the
17 way, which is now beginning to sweep across the
18 country to deal with sexual predators which has
19 been upheld by the Supreme Court of the United
20 States and I note in the frustration of some
21 people who say, well, we shouldn't be doing this
22 sort of thing. It's easy to say that but not so
23 easy to the victims of people who have been
24 attacked and killed or whatever by repetitive
25 sexual predators and we know that that has been
4849
1 happening.
2 And I think this bill attempts to
3 deal with that, and I think it deals with it in
4 a rational, guarded way, and I think that's why
5 the Governor has sent this bill to us.
6 SENATOR LEICHTER: Well, Mr.
7 President, I have my own suspicions why the
8 Governor sent this bill, but I know that you're
9 bringing it forth in good faith and I may
10 disagree with you, but I've never questioned
11 your good faith because I know that you act out
12 of principle and commitment. We've served
13 together for too many years and you have been
14 too clear in how you act for me ever to question
15 that, but what you haven't answered for me,
16 Senator, is why the Mental Hygiene Law doesn't
17 work.
18 You've said, well, if the mental
19 hygiene provisions applied, this person
20 initially would have been sent to such a
21 facility. That's not true at all. He may have
22 committed a crime. He may have, in fact,
23 pleaded insanity. The jury may not have
24 accepted the plea of insanity. May have found
25 him guilty. He served his sentence. Now he's
4850
1 coming out of jail and there's a determination
2 made by doctors and others that this person is
3 not competent. He served in jail for many
4 years. There may be a lot of reasons why he may
5 have been found competent to stand trial but
6 he's not competent now and in point of fact,
7 even under your bill, you can't retry or bring
8 out his previous crime. You have to deal with a
9 person as he or she are now getting out of jail
10 and whether they are a danger to society. If
11 they're a danger to society, the Mental Hygiene
12 Law provides that we can commit them.
13 What more are you trying to do?
14 SENATOR VOLKER: Senator, I think
15 you're confusing a little bit the issue of
16 mental illness.
17 Under the law, as I understand
18 it, if a person is actually considered to be
19 mentally ill, then that person technically
20 probably shouldn't be in a prison and should be
21 put in a secure facility. We're talking about
22 mental abnormality, which is a variation of this
23 and which doesn't classify this person as
24 totally mentally ill but does have tendencies
25 because of his -- the fact that he is a sexual
4851
1 predator, that would cause him or her to be a
2 danger to society or to himself.
3 SENATOR LEICHTER: Well, let me
4 thank my good friend for his answers. I must
5 say, Senator Volker, I have not heard an
6 explanation that satisfies me that for those
7 individuals who really are a danger to
8 themselves or to others, whether because of
9 their sexual predilection or for other reasons,
10 why the provisions of the Mental Hygiene Laws
11 are not sufficient.
12 This, it seems to me, is clearly
13 an effort to try to deal with people who have
14 committed some horrible crimes, no question
15 about it, to lengthen their sentence and to do
16 it under the guise that we're going to civilly
17 commit them is no different than saying we're
18 going to continue your sentence.
19 If they are a danger, there is a
20 method of putting them away, but it seems to me
21 that with all the concern that there is about
22 sexual predators -- and I think sometimes that
23 concern, you know, approaches unfounded fears,
24 that I think it's going to be very difficult
25 even when the burden of proof being stated to be
4852
1 beyond a reasonable doubt, for juries not to
2 find that this person is a sexual predator.
3 I just want to emphasize again
4 what we're doing. I mean, this is a radical
5 departure to say that somebody can be
6 committed. It doesn't much matter that he's
7 civilly committed instead of criminally
8 committed. He's denied his liberty on the basis
9 that he or she may commit a crime in the
10 future. This is a totally radical departure and
11 I've stood on this floor before and I've argued
12 against our eroding the basic liberties that
13 really are the foundation of this country and
14 that make us the great society that we are.
15 There's no doubt in my mind that
16 if you put people away under this provision or
17 some of the other bills, Senator Volker, that
18 you've furthered, I think you will decrease
19 crime. There's no question. There's no
20 question in my mind that for anybody who commits
21 any sort of a crime, you say we're going to put
22 this person in jail for life that eventually
23 you're going to end up avoiding some crimes that
24 occur but you do it at an enormous cost to the
25 liberty, the freedom of this society, and I
4853
1 think that's what you're doing -
2 ACTING PRESIDENT MEIER: Senator
3 Leichter, could you stop for just a moment.
4 Could we have some quiet in the chamber,
5 please. It will make matters move along faster
6 if we could have some quiet in the chamber.
7 Staff take your seats, members please stop your
8 conversations.
9 Senator Leichter, go ahead,
10 please.
11 SENATOR LEICHTER: And it seems
12 to me that while we do have an understood and
13 workable process for putting people into civil
14 or criminal commitment if they are a danger to
15 themselves or society, that here we really don't
16 have a process, as carefully maybe as Senator
17 Volker has tried to draft this bill, which is
18 going to, I think, avoid people being branded as
19 sexual predators and being put away possibly for
20 the rest of their life without our having firm
21 standards and a clear understanding of the basis
22 that we can say to somebody, you're likely to
23 commit a crime and we're going to put you away.
24 I see it as a very significant
25 erosion of the basic freedoms and rights that we
4854
1 have as a society, rights and freedoms that make
2 us different from other societies.
3 I was born in a society and had
4 to flee from a nation where you were deemed
5 guilty. You were deemed that you were going to
6 commit acts against the state even though you
7 hadn't done it and in some ways we're moving
8 into that direction with these sort of bills.
9 I just really appeal to you to
10 consider what we're doing. Yes, sexual
11 predators are horrible people but these are
12 people who have committed a crime, have been
13 found guilty. They have been punished. Now to
14 say we're going to keep you in civil commitment
15 for the rest of your life because we think
16 you're going to commit a crime, where is the
17 basis for it? Where is our understanding of
18 human nature that we can say that we're in a
19 position to make that determination? I really
20 don't think we are, and I think that we're going
21 down a very, very slippery path because the next
22 thing you're going to do is to say, well, we can
23 determine that somebody is going to commit
24 another type of a crime, maybe not as a sexual
25 predator but as another crime. Where do we
4855
1 stop? When are we going to say -
2 ACTING PRESIDENT MEIER: Senator
3 Leichter.
4 SENATOR LEICHTER: Thank you, Mr.
5 President.
6 ACTING PRESIDENT MEIER: That's
7 much better, don't you think, Senator Leichter?
8 Please proceed.
9 SENATOR LEICHTER: Where -- once
10 you establish this justification for saying that
11 somebody can be committed because of a sexual
12 predator, maybe he could be committed because he
13 could be a financial predator or he may be a
14 violent predator in some other ways. It's a
15 dangerous step that we're taking. It may be
16 very popular. Nobody obviously is particularly
17 fond of sexual predators, but we have laws to
18 deal with them. This is not the way to protect
19 society. This essentially weakens, hampers and
20 jeopardizes the freedoms that we have.
21 ACTING PRESIDENT MEIER: Senator
22 Waldon.
23 SENATOR WALDON: Thank you very
24 much, Mr. President.
25 Would Senator Volker yield to a
4856
1 question or two?
2 ACTING PRESIDENT MEIER: Senator,
3 do you yield for a question from Senator
4 Waldon?
5 SENATOR VOLKER: Why, certainly.
6 ACTING PRESIDENT MEIER: The
7 sponsor yields.
8 SENATOR WALDON: Senator Volker,
9 as you know, last year we debated this bill at
10 length.
11 SENATOR VOLKER: Yes, we did.
12 SENATOR WALDON: It covered a
13 panoply of concerns regarding the bill and your
14 responses were very detailed and very well
15 thought out and we learned a lot in our
16 exchange, at least I hope that we did. I know I
17 did.
18 In looking at this version of the
19 bill, which is somewhat different from what we
20 dealt with last year, I notice that the Attorney
21 General is playing a much greater role, but I
22 also notice that in regard to the term
23 "treatment", there is nothing in the bill which
24 says something like this, and this is what I
25 would like you to respond to.
4857
1 In the treatment of these people
2 who are characterized as violent predators, they
3 are a different ball of wax than our other
4 prison population or criminal population.
5 There's nothing which says we will have so many
6 dollars to treat them. Besides segregating this
7 place of 150-some beds which was in our budget,
8 that we will have on hand so many psychiatrists,
9 so many clinical whatever, whatever, and that
10 there is no proviso to report back to the
11 Legislature in regard to the results of some of
12 these treatment modalities which would be
13 created as a result of this bill.
14 Did I misread the bill, or is
15 that -- is it true that there's no provision in
16 the bill for treatment per se?
17 SENATOR VOLKER: Senator, first
18 of all, there is one little difference in this
19 bill that I had that I didn't mention, that if
20 you look at this bill, it amends -- the prime
21 amendment is to the Mental Hygiene Law. This is
22 not -- the bill last year that was different in
23 that way -- let's keep in mind that anyone
24 committed to a mental hygiene facility has to be
25 treated. That's -- in fact, that's already the
4858
1 law.
2 So we really don't need to put in
3 this bill, if a person is civilly committed to a
4 secure mental health facility -- in this case it
5 would be a secure separate mental health
6 facility -- that person has to be treated.
7 That's the law already. Now, we could
8 certainly, I suppose, ask the Governor's office
9 to put that in the bill, but frankly I think it
10 was considered to be redundant.
11 You make an interesting point,
12 which I guess probably I didn't think about, of
13 some report to the Legislature. Not a bad idea
14 because it will -- we know that if this bill
15 eventually, as I personally believe, eventually
16 will become law at some point, maybe not exactly
17 this bill, but I think a similar bill in the
18 future will be, I think it will be the subject
19 of a great deal of study and you may make a
20 point that it would probably -- I would think,
21 in fact, my own personal feeling is I would
22 probably make even maybe a separate bill or -
23 to -- at that point that would evaluate the
24 program because it would obviously become a
25 program, in effect, to deal with civil
4859
1 commitments.
2 So you make a very good point. I
3 think that's something that we should seriously
4 consider, but as far as treatment is concerned,
5 that is really the law now. Once you civilly
6 commit a person to a mental health facility,
7 they must be treated and their treatment is
8 certainly something that will be the subject of
9 evaluation.
10 SENATOR WALDON: Would the
11 gentleman continue to yield, Mr. President?
12 SENATOR VOLKER: Sure.
13 ACTING PRESIDENT MARCELLINO: The
14 gentleman yields.
15 SENATOR WALDON: Thank you, Mr.
16 President.
17 Senator, touche. That was good.
18 I did not realize that. I read it page to page
19 and it didn't jump off the page at me, so I
20 appreciate your clearing it up for me and I'm
21 sure you've cleared it up for quite a few of our
22 colleagues and it's good that we understand more
23 fully what this will allow and what this will
24 mandate in terms of treatment.
25 I have two other areas of
4860
1 concern. I don't want to revisit all of the
2 things we discussed last year but the two areas
3 of concern are, again, one that we did visit
4 last year.
5 There's an anticipatory portion,
6 as I perceive the bill, in regard to those who
7 have done something and it's extremely violent
8 and distasteful and abhorrent and unacceptable
9 to our society what they've done but we are
10 anticipating, the way this is constructed, in my
11 opinion, that someone will do it again and so
12 we're taking preemptive steps to preclude their
13 doing it again. My fear is that, one, we
14 shouldn't have that approach and two, it may
15 find itself influencing other things that we do.
16 For example, will we take
17 preemptive shots at those who may become drug
18 offenders again, that kind of thing. So I just
19 want you to take a minute and elaborate on that
20 and I'll give you the second question which -
21 well, let's deal with that first and then we'll
22 deal with the hearings.
23 SENATOR VOLKER: Yeah. Let me
24 just say, Senator, that if you read the Kansas
25 vs. Hendricks decision and if you look at the
4861
1 Constitution, I think that it would be
2 impossible at this point to extend this process
3 to anything other than sexual predators, because
4 I think you would run smack up into court
5 opposition and potential constitutional
6 opposition.
7 The decision really -- the
8 Supreme Court decision -- and we have it -- my
9 counsel -- I have read it. Two of my counsel
10 have gone through it very carefully, and I know
11 the counsel to the Governor has gone through it
12 very carefully -- specifically deals with sexual
13 predators and because of the special nature of
14 sexual predators, I can't conceive where this
15 concept would be extended, legally could be
16 extended or even would be extended to any other
17 area and I share your concern, by the way, and I
18 understand what you're saying, by the way, and
19 I'm not taking, by the way, Senator Leichter,
20 what you say lightly. I want you to understand
21 it.
22 I think we are taking a rather
23 drastic and dramatic step here and I think it's
24 based on the evidence that is -- that has been
25 accumulating as to the real severe problem that
4862
1 we have in dealing with people of this nature
2 and, by the way, we would hope that as our
3 knowledge of mental illness and of mental
4 problems and of the sexual nature of some of
5 these problems improves, that we'll be able to
6 deal better with some of these problems. They
7 won't need possibly the thought of a sexual -
8 but right now it seems to me and I think to a
9 lot of people in this country that this sort of
10 thing is necessary not just to protect society,
11 by the way, but in a sense to protect the very
12 individuals that have been involved in these
13 sexual predator acts because their responses
14 seem to be such that they need special
15 attention.
16 SENATOR WALDON: Will the
17 gentleman yield to one more question, Mr.
18 President?
19 SENATOR VOLKER: Sure.
20 ACTING PRESIDENT MARCELLINO: The
21 Senator yields.
22 SENATOR WALDON: Thank you, Mr.
23 President. Thank you, Senator Volker.
24 I notice the date of the print on
25 this bill is June 9th, 1998. This, in my
4863
1 opinion, has the potential for monumental impact
2 on not only the law of this state but our very
3 attitude as a state regarding the way we will
4 treat people not just in the area of sexual
5 predators but our whole approach to
6 incarceration, to treatment modalities, to the
7 way we handle those who come into confrontation
8 with the criminal justice system.
9 Is there a reason, one, that we
10 received the bill so late that you could share
11 with us and if not, then secondarily to that, is
12 there a reason that, again there was not a
13 series of public hearings of the moment not as
14 we discussed last year, Senator Padavan's
15 previous hearings, your previous hearings,
16 historical hearings in regard to this area which
17 were all cogent with the exception that they
18 happened some time ago. We did not have
19 hearings, to my knowledge, of recent nature in
20 regard to this issue, and I would like you to
21 share with us, if you can, an explanation as to
22 why we received this so late. If that's not
23 appropriate, then why there were no hearings.
24 SENATOR VOLKER: No. I think you
25 make a good point. Let me just say that on the
4864
1 calendar, as I said, is a very similar bill,
2 which is the bill actually we passed last year
3 during that session. As I stated last year -
4 although primarily the changes in this bill are
5 procedural, the concept of civil commitment was
6 clearly in the bill -- the other bill that we
7 passed last year by a vote, I believe of 57 to
8 1, if I'm not mistaken. The concept is the same
9 but this does have some major changes.
10 The reason it took so long,
11 frankly, is that the counsel's office to the
12 Governor worked long and diligently on this bill
13 and frankly consulted with us several times on
14 certain aspects that they were very concerned
15 about, including one issue relating to juveniles
16 and very honestly we did not feel as if it was
17 appropriate for juveniles to be included in this
18 bill because we couldn't exactly figure out how
19 you would deal with that and it seemed to us,
20 and I think the Governor's office eventually
21 agreed, after a great deal of soul searching and
22 if you know Jim Maguire, the counsel, he's a
23 very methodical person and he talks to all sorts
24 of people and deals with these issues in a very,
25 very detailed fashion. I think the real reason
4865
1 this took so long is he was looking at all the
2 statutes across the country and there are
3 changes being made. Apparently there are a
4 number of these bills in Legislatures across the
5 country, and I think he was looking at these
6 various aspects of it.
7 As far as hearings are concerned,
8 we have not held hearings on this bill
9 specifically, but as we discussed last year,
10 there have been hearings on the issue of mental
11 illness and mental defect and all that sort of
12 thing in this area for years, but you are right,
13 there have not been specific hearings on this
14 bill itself.
15 SENATOR WALDON: Thank you very
16 much, Senator Volker.
17 Mr. President, if I may on the
18 bill.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Waldon, on the bill.
21 SENATOR WALDON: Thank you, Mr.
22 President.
23 Last year in my closing remarks,
24 I dealt with areas of concern which I have
25 shared with my colleagues from time to time over
4866
1 the years that I have been here in terms of what
2 I believe is a disparate impact of what we do in
3 regard to certain laws that we pass. I don't
4 want to repeat that this time. I think you all
5 understand where I'm coming from.
6 I would like us, though, to be
7 aware that there may be some ominous precedent
8 in anticipating what people will do and just as
9 you deliberate on this proposal, keep that in
10 mind.
11 I will support this proposal by
12 Senator Volker and by the Governor simply
13 because no one in his or her right mind, in my
14 opinion, wants to see people or to have the
15 experience of knowing that they did something
16 which facilitated the kinds of violent sexual
17 attacks that cause this proposal to be born.
18 These people are, in my opinion,
19 extremely sick and we need to find in our
20 sophisticated society a way to help them so they
21 will not continue to wreak havoc upon innocent
22 victims who happen to encounter them
23 serendipitously going about their everyday way
24 of life.
25 So I support this bill with some
4867
1 reservation. I would hope in the future we will
2 craft a legislative proposal that will address
3 my concerns, that will also have before it's
4 brought before us a series of hearings where
5 psychiatrists and doctors of medicine and other
6 learned experts can lend their expertise to us
7 so that we could have a better awareness of how
8 to deal with these issues, and I would hope that
9 whenever this bill down the road becomes law,
10 that there will be a reduction in the disparate
11 racial treatment or result that has historically
12 sometimes occurred even in our great state.
13 I thank you, Mr. President.
14 ACTING PRESIDENT MARCELLINO:
15 Thank you, Senator Waldon.
16 Senator Dollinger.
17 SENATOR DOLLINGER: Thank you,
18 Mr. President.
19 Will the sponsor yield to a
20 series of questions? Just -- I've got some
21 minor -
22 ACTING PRESIDENT MARCELLINO:
23 Senator Volker, do you yield to a series of
24 questions? He yields, I believe.
25 SENATOR VOLKER: Sure.
4868
1 SENATOR DOLLINGER: First of all,
2 Senator, I'll try to be very brief with my
3 questioning. I appreciate the incorporation of
4 the notice discussion that we had last year.
5 Question number one, what happens
6 to an individual who is charged with a sexual
7 violent crime and is found not guilty by reason
8 of impairment? It doesn't appear as though he
9 fits the definition of a sexually violent
10 predator.
11 SENATOR VOLKER: That's true. If
12 he's found innocent by reason of being mentally
13 ill, which is what would happen, then that
14 person would be committed to a mental health
15 facility until he's found to be able to get back
16 into society, if that's the determination. So
17 that would follow the present law. That would
18 not have any impact, but you're right. It would
19 not be covered by this bill because a person
20 would not then be guilty of a -- being a sexual
21 violent predator.
22 SENATOR DOLLINGER: Fine. Second
23 question. The current -- Senator Waldon
24 mentioned the Attorney General's involvement.
25 SENATOR VOLKER: M-m h-m-m.
4869
1 SENATOR DOLLINGER: And I just
2 ask the question that I thought he was going to
3 ask. Why the Attorney General rather than the
4 district attorney who's got all the files, did
5 the prosecution, knows the victim, knows the
6 witnesses, knows the whole landscape?
7 SENATOR VOLKER: The reason for
8 this is that the -- this is a mental health
9 bill. Remember that what we have -- we have
10 changed the direction a little bit in the way
11 this bill was set up. The attorney for the
12 Commissioner of Mental Health is the Attorney
13 General. That's one thing.
14 The second one very quickly is
15 the D.A.s became a bit alarmed because they saw
16 this as a possible increase in their work load,
17 and so forth, because they would be and they
18 were worried that even indirectly it would
19 create a situation where the county that they
20 represented or -- would end up footing some of
21 the bills because their staff and themselves
22 would have to take care of a lot of these
23 problems.
24 SENATOR DOLLINGER: Again through
25 you, Mr. President. The bill says that the
4870
1 Attorney General will file a complaint that
2 starts this process in the county in which the
3 person is located.
4 My question is why in the county
5 in the person which they're located rather than
6 in the county which they were convicted because,
7 Senator, you can imagine that there are places
8 like little old Wyoming County, I think,
9 represented by the chairman of the Codes
10 Committee that will suddenly find itself
11 inundated with these petitions.
12 SENATOR VOLKER: No. They're not
13 going to be inundated with these petitions.
14 You'd be surprised to find there aren't as many
15 as you might think.
16 SENATOR DOLLINGER: May well be.
17 SENATOR VOLKER: The reason for
18 that is you don't want to be moving these people
19 all over the state and what you're obviously
20 trying to do is locate the proceeding in the
21 immediate area where these people are so that it
22 will be easier to facilitate it, and I think
23 that's the reason why they decided on that
24 because if you didn't, you could have somebody,
25 for instance, in Attica prison who was convicted
4871
1 in the Bronx and you literally have to move
2 these people back and forth, and I think the
3 city of New York may take a rather dim view of
4 that also.
5 SENATOR DOLLINGER: Okay. Okay.
6 You have -- at several points in this bill, the
7 comment is made that notice has to be given in
8 such and such a time frame but -- and to use the
9 general language, I'll paraphrase it. It's used
10 on several occasions -- the failure to give it
11 in a timely fashion doesn't invalidate it.
12 My question is why -- it would
13 appear to be that that's one of those procedural
14 defects that someone who's going to be confined
15 should be entitled to, which is sort of an
16 absolute statute of limitations on the
17 government's ability to prosecute them just like
18 the 3030 notice, the ready for trial notice,
19 some other things like that. We give the
20 government lots of latitude, and I understand
21 perhaps this may be difficult to administer and
22 you don't want to hang the prosecution and let
23 somebody go free because you haven't done it
24 right but still you seem to give a tremendous
25 latitude on the notice side.
4872
1 SENATOR VOLKER: I don't think
2 it's a tremendous latitude. You and I know that
3 if that notice involves something which could
4 impair the rights of that person, then that
5 person, presumably a judge could -- despite the
6 fact that we talk about the fact that notice
7 doesn't impair the rights of the people that are
8 moving forward, if it would be considered to be
9 enough of an impairment, a judge could still
10 rule in favor of the -- you want to call him the
11 defendant or the person who is involved here but
12 primarily, I think we're trying to avoid the
13 possibility of procedural mistakes upsetting the
14 entire case because clearly judges have a
15 tendency to rule in those kinds of favor and we
16 understand that.
17 SENATOR DOLLINGER: I -- I'm not
18 sure I would do it any different, Senator, but
19 it just raised a question.
20 SENATOR VOLKER: All right.
21 SENATOR DOLLINGER: Again through
22 you, Mr. President, a couple questions about the
23 disclosure provisions. There's one that the
24 bill says that the CPLR shall govern the
25 disclosure with the exception of -- and then
4873
1 it's got a series of Criminal Procedure Law
2 sections that deal with the 270 notice and some
3 other provisions. My only question is I don't
4 know what those provisions are, but does this
5 restrict the otherwise available methods of
6 disclosure that would be available in any civil
7 litigation?
8 SENATOR VOLKER: No. That's
9 because of the trial juries. Those notices -
10 everything relates to the CPLR except what those
11 references are is to the use of trial juries,
12 the 12 jurors, and so forth, which is different
13 obviously from the CPLR. It has nothing to do
14 with disclosure. It would not impair the
15 person's disclosure in any way that I know of.
16 That does not do anything to disclosure.
17 SENATOR DOLLINGER: Okay. Again,
18 on the issue of disclosure, Senator, in the
19 provision, you also talk about that the examiner
20 appointed on behalf of the respondent will have
21 access to all the information with the exception
22 of one, and that is the victim without court
23 order or good cause showing.
24 SENATOR VOLKER: Right.
25 SENATOR DOLLINGER: Obviously in
4874
1 a sexual predator, if it's a plea or if it's a
2 conviction, the victim is going to be the
3 critical witness and yet the examiner, the
4 person who is going to go in and examine the
5 respondent -- defendant/respondent, who is going
6 to have to evaluate what their state of mind is
7 to determine their proclivity for the future
8 doesn't get access to the victim. I understand
9 the need to protect the victim from the
10 perpetrator but the perpetrator's psychologist
11 or psychiatrist who is trying to do a full
12 evaluation, why should they have to have -- show
13 good cause? Why shouldn't they just be able to
14 as part of the process have access to the
15 victim?
16 SENATOR VOLKER: What you're
17 trying to avoid here -- and it says right in the
18 statute, you're trying not to relitigate the
19 whole case. So what you're trying to do here is
20 to give as much latitude as possible but not set
21 up a situation where the person involved here is
22 attempting to or to relitigate the entire case
23 and create a problem where the victim then in
24 effect becomes the source of the entire case.
25 If it's absolutely essential -- and that's why
4875
1 this language is in here -- that the victim be
2 directly part of it, then it could be done, but
3 I think what we're trying to do here is to avoid
4 the situation where the victim becomes the
5 central figure because, remember, there's
6 already been a decision by a jury that this
7 person is a violent sexual predator and,
8 therefore, has committed the crime and what
9 we're trying to determine here is, is this
10 person now in a position where they have a
11 mental abnormality, not the issue specifically
12 of the crime itself.
13 SENATOR DOLLINGER: Through you,
14 Mr. President. On that issue, the question of
15 the violation of the double jeopardy clause, on
16 page 9 it includes the fact that the jury will
17 be instructed that they may not find that he's a
18 violent sexual predator simply on the basis of
19 the fact that he was convicted before.
20 Would it make better sense and be
21 fairer if the jury were simply told that there
22 was no conviction or plea before, simply
23 describe the act, simply describe what his
24 behavior has been since then without prejudicing
25 them by saying, Oh, by the way, he's already
4876
1 been convicted or pled guilty to it. Wouldn't
2 it be fairer to allow that and then they're not
3 tarnished by the fact that someone says, Yeah,
4 he was found guilty and he already admitted it?
5 SENATOR VOLKER: Well, they're
6 tarnished to start with. The jury obviously
7 knows that the person isn't even going to be
8 there unless they're a violent sexual predator,
9 or at least classified as a violent sexual
10 predator. They had to either plead or be found
11 guilty, otherwise the case would not even be
12 there before that jury.
13 So I guess the answer to that is
14 that that is an assumption to start with. So
15 the fact that you assert that, I don't think
16 really makes any particular difference and I
17 don't see where it prejudices anybody. That's
18 the decision that has to be made. Does this
19 person have a mental abnormality and you just
20 assert the type of crime that was committed at
21 the time that the person was first
22 incarcerated.
23 SENATOR DOLLINGER: Okay. On
24 that question, Senator, is that the language
25 from the Kansas statute that was approved by the
4877
1 United States Supreme Court, that that
2 disclosure would have -- that advice would have
3 to be given by the jury?
4 SENATOR VOLKER: We understand it
5 is the language directly from the Kansas
6 statute. There are some -- as I told you, there
7 are some changes but most of those changes
8 actually are more favorable to the defendant and
9 I don't have to reiterate them. We've already
10 dealt with them. This is language directly from
11 the statute.
12 SENATOR DOLLINGER: Just one
13 final question, Mr. President, since we've run
14 into this problem all the time before. What's
15 the effective date of the statute and to whom
16 does it apply?
17 SENATOR VOLKER: It's January 1,
18 1999. The reason for that, by the way, doesn't
19 relate as much to -- it relates to the
20 procedures that must be set up, timing. It will
21 take at least six months, I believe, for the
22 committees to set up. You want to give time.
23 Now, it could relate -- and we went into this
24 last year. It could relate to some people who
25 are already in prison because of the fact that
4878
1 this is not a criminal statute but is a civil
2 statute. Al Waldon -- Senator Waldon and I went
3 into this last year, the ex post facto is not
4 available here and, in fact, that was an issue,
5 I believe in the Supreme Court case itself. The
6 Supreme Court specifically said that you can
7 deal with crimes previously committed as long as
8 people have already been sentenced and,
9 therefore, it could apply to some crimes that
10 were committed prior to January 1st of 1999.
11 SENATOR DOLLINGER: Okay.
12 On the bill, Mr. President. I
13 appreciate -
14 ACTING PRESIDENT MARCELLINO:
15 Senator Dollinger, on the bill.
16 SENATOR DOLLINGER: -- Senator
17 Volker's comments in response to my questions.
18 Since this is a big long bill and I had seen it
19 for the first time, I tried to read it as
20 quickly as I could, it raises all kinds of
21 questions and I think the reason for that is
22 that this is an area in which we're going to
23 allow a civil confinement on the basis of a jury
24 finding of certain conduct, future conduct
25 beyond a reasonable doubt, it will be the only
4879
1 instance in which we punish, we restrain someone
2 for anticipated future conduct. We confine them
3 on the basis of a finding beyond a reasonable
4 doubt. No other place in our civil litigation
5 will we have a situation where we're going to
6 require beyond a reasonable doubt in order for
7 the courts to do something.
8 I close with only one thought and
9 I know that a lot of this is based on the
10 science of sexual predators, that there's a
11 revolving science about proclivities of those
12 who have committed these crimes.
13 I simply add one observation to
14 that debate and it is this: My understanding is
15 that the only thing the United States Supreme
16 Court said was that restricting someone's
17 liberty, as the civil confinement statute does,
18 with all the safeguards that are built in that
19 Senator Volker had and that the Kansas statute
20 had, the only thing the Supreme Court said was
21 it wasn't a violation of the double jeopardy
22 clause to subject someone who had been found
23 guilty of a criminal offense to this type of
24 civil confinement.
25 I'm not convinced that the
4880
1 science of the future predictivity of people's
2 behavior is at such a level that they will be
3 able to sustain the burden of proof beyond a
4 reasonable doubt that you can show that someone
5 who has committed even a violent sexual predator
6 crime before will be beyond a reasonable doubt
7 able to predict that they will do it in the
8 future.
9 So, unfortunately, the danger in
10 this bill is that the -- what I call bad science
11 or minimalist science that may accompany this
12 whole theory will be under tremendous pressure
13 given the enormous prejudice that society has
14 against violent sexual predators and we may have
15 minimalist science, extremely agitated juries
16 and nervous public unduly restricting people's
17 liberty.
18 I know, Senator Volker, in my
19 long discussions with you about this bill that
20 you're concerned about that. Senator Leichter
21 is concerned. Senator Waldon is. I am too, but
22 I'm willing to give this a try because let's see
23 how it comes out. Let's see how it works out.
24 Let's keep our eye on whether we've gone too far
25 but from the point of view of trying to protect
4881
1 our society by civil confinement of those who
2 are sexual predators, I don't think this is an
3 unreasonable step.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section, please.
6 THE SECRETARY: Section 12. This
7 act shall take effect on the first day of
8 January.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 60.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: Excuse me. Ayes
16 59, nays 1, Senator Leichter recorded in the
17 negative.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is still passed.
20 The Secretary will read Calendar
21 Number 335.
22 THE SECRETARY: Calendar Number
23 335, by Senator LaValle, Senate Print 2657, an
24 act to amend the Public Health Law, in relation
25 to authorizing.
4882
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 120th day.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Leichter.
7 SENATOR LEICHTER: I just want to
8 check. Explanation.
9 ACTING PRESIDENT MARCELLINO:
10 Senator LaValle, an explanation has been asked
11 for by Senator Leichter and others. Before you
12 start, if we could get some order. Can we take
13 the conversations out of the chamber, please.
14 Thank you.
15 Senator LaValle.
16 SENATOR LAVALLE: Senator
17 Leichter, this bill would authorize the
18 Commissioner of Health to promulgate rules and
19 regulations requiring that a medical facility
20 give notice of the presence of communicable
21 disease or other health risk to emergency
22 respond personnel.
23 There is, as you know, a list of
24 -- under the code -- Health Code of
25 communicable diseases. We have indicated in
4883
1 this legislation, as you will see, that we are
2 not limiting -- it's HIV and other communicable
3 diseases that are in the Health Code. We define
4 emergency response personnel as firefighters,
5 law enforcement officers, paramedics, emergency
6 medical technicians, public safety officers and
7 other persons including employees of legally
8 constituted volunteer organizations, whether or
9 not compensated, and that's specifically our
10 volunteer fire and ambulance personnel.
11 This legislation has been one of
12 the top priorities for the individuals that I
13 mentioned in terms of the emergency respond
14 personnel.
15 This legislation would, Senator
16 Leichter, complement and supplement what we
17 already have under federal regulation in
18 defining how we deal with such matters for those
19 individuals who respond to emergencies.
20 SENATOR LEICHTER: Mr. President,
21 if Senator LaValle will yield.
22 SENATOR LAVALLE: Yes.
23 ACTING PRESIDENT MARCELLINO:
24 Senator, do you yield?
25 SENATOR LAVALLE: Yes.
4884
1 ACTING PRESIDENT MARCELLINO: He
2 yields, Senator.
3 SENATOR LEICHTER: Senator, as I
4 read this bill, an example I'm going to give
5 you, would that notification be required?
6 Somebody has a heart attack. Emergency
7 personnel responds, takes the person to a
8 hospital. The person is not bleeding. There's
9 no exchange of fluids. There's no possible way
10 to transmit the HIV virus.
11 Under your bill, would the
12 medical facility be required to notify the
13 emergency workers that that person has HIV and
14 under my example, he's HIV-positive.
15 SENATOR LAVALLE: I assume by
16 your question, then, that you are indicating
17 that someone who is bleeding -
18 SENATOR LEICHTER: He's not
19 bleeding.
20 SENATOR LAVALLE: No. Just let
21 me -
22 SENATOR LEICHTER: Oh, I'm
23 sorry.
24 SENATOR LAVALLE: That a person
25 who is bleeding would be a person who could
4885
1 transmit the HIV virus but someone who had a
2 heart attack could not.
3 Under federal regulation -- and I
4 would imagine that the state regulations would
5 be -- would have to parallel what is in federal
6 law and in the case of HIV, the federal
7 regulations require the medical facilities to
8 determine whether an emergency worker is at
9 significant risk of becoming infected with HIV.
10 So in the example that you gave
11 of a heart attack, the answer would be that
12 there would be no risk to the worker.
13 SENATOR LEICHTER: Senator
14 LaValle, I appreciate the answer and that
15 certainly clarifies for me what is in your
16 mind.
17 SENATOR LAVALLE: No. It's not
18 what is in my mind. It is what is already in
19 federal regulation, so -
20 SENATOR LEICHTER: Well, let me
21 finish my question. I understand it's in
22 federal regulation. The fact it's in federal
23 regulation doesn't mean that the state of New
24 York is going to have the same regulations.
25 You're now trying to provide regulations that
4886
1 are going to be enacted in the state of New
2 York, right? Is that correct?
3 SENATOR LAVALLE: What we are
4 asking is the health commissioner to promulgate
5 those rules and regulations, that is correct.
6 SENATOR LEICHTER: And certainly
7 under the bill as written, the health
8 commissioner could promulgate rules so that in
9 the example that I gave, in any instance where
10 emergency workers took somebody to a medical
11 facility where it's determined afterwards or it
12 becomes known that that person is HIV-positive,
13 you advise the medical emergency workers
14 thereof.
15 SENATOR LAVALLE: Senator, I
16 would -- first of all, we are talking about all
17 communicable diseases. You, for purposes of
18 this question, have narrowly focused on HIV, I
19 presume. It is difficult for me to comprehend
20 our Commissioner of Health promulgating a
21 regulation that would be inconsistent with a
22 federal regulation in this regard.
23 SENATOR LEICHTER: Senator, if
24 you would continue to yield, please.
25 ACTING PRESIDENT MARCELLINO:
4887
1 Senator, do you continue to yield?
2 SENATOR LAVALLE: Yes.
3 ACTING PRESIDENT MARCELLINO: He
4 continues to yield.
5 SENATOR LEICHTER: Do the federal
6 regulations in any way now apply to medical
7 facilities in the state of New York?
8 SENATOR LAVALLE: The answer is
9 yes.
10 SENATOR LEICHTER: Well, if we
11 have these federal regulations and they seem to
12 avoid the example that I gave you, why do we
13 need state regulations?
14 SENATOR LAVALLE: Because in our
15 code we do not have HIV as part of the code of
16 communicable diseases. Also what we are asking
17 here is that the individual or individuals who
18 are at the scene, who are involved with the
19 individual would be directly notified and there
20 is a difference.
21 SENATOR LEICHTER: If you'll
22 continue to yield.
23 SENATOR LAVALLE: By statute.
24 SENATOR LEICHTER: Is there a
25 difference between the federal regulations and
4888
1 the bill that's before us?
2 SENATOR LAVALLE: Well, here in
3 the bill you can see we specifically statutorily
4 are requiring that the individual be notified.
5 That's what -- this is a notification -- as you
6 had indicated, this is a notification bill.
7 SENATOR LEICHTER: Right. Okay.
8 Is that -- is that notification requirement in
9 the federal regulations and do they apply to the
10 persons that are listed in Section 3 of your
11 bill?
12 SENATOR LAVALLE: The answer -
13 the answer is the federal regulation is
14 different from what is in this bill because in
15 this bill we are asking that the individual
16 involved specifically gets the notification,
17 where I believe in the federal regulation it is
18 a specific person of the department or the
19 officer. So I think there is some difference.
20 SENATOR LEICHTER: Senator, as I
21 understand it, is it your intention or your
22 belief that the Commissioner of Health will so
23 condition the requirement of notification to
24 those instances when there is a risk that the
25 disease will be transmitted?
4889
1 SENATOR LAVALLE: Senator, that's
2 a very good and that's a very fair question, and
3 I think it goes really to the heart of what the
4 emergency respond personnel are concerned about
5 and so as I have indicated here in my remarks,
6 that it should be related -- there should be a
7 nexus to the risk of the worker and the patient
8 and what that patient is suffering from.
9 SENATOR LEICHTER: Mr. President,
10 again, if Senator LaValle will continue to
11 yield.
12 ACTING PRESIDENT MARCELLINO:
13 Senator LaValle.
14 SENATOR LAVALLE: Yes.
15 ACTING PRESIDENT MARCELLINO:
16 Excuse me, Senator. Do you continue to yield?
17 He yields.
18 SENATOR LEICHTER: I'm grateful
19 to you for explaining the bill as you have.
20 It's certainly clearer to me, but my question to
21 you is why not put in the bill that nexus which
22 you consider so necessary and appropriate?
23 SENATOR LAVALLE: Well, because I
24 think that the commissioner will be guided by
25 what is in federal regulation, and I know that
4890
1 what you're trying to do on the floor is to give
2 legislative intent so that the commissioner will
3 be guided in that regard, and I am sure that the
4 commissioner will be consistent with that which
5 is in federal law and the intent given here,
6 Senator, by myself in my remarks in answer to
7 your questions.
8 SENATOR LEICHTER: Okay. Just
9 one final question. While, you know, we've
10 established some intent and we're hopeful that
11 the commissioner will do what seems sensible and
12 certainly the present health commissioner, I
13 have a great respect for her, I think would do
14 it. I would think that any health commissioner
15 in the future would promulgate regulations that
16 has that nexus which you intend, but wouldn't we
17 be safer? Wouldn't we avoid any risk of having
18 a regulation that doesn't carry out your intent
19 if we actually put into the bill itself that
20 essential nexus?
21 SENATOR LAVALLE: Well, I suppose
22 that you could always in a piece of legislation
23 put belts and suspenders as we would say to make
24 sure but, Senator, I think you know that in the
25 same manner that we are guided in the
4891
1 formulation of legislation, our departments,
2 particularly in the area of health, are guided
3 by the interest of the various stakeholders and
4 their input into the process.
5 So I am not particularly
6 concerned that the commissioner will veer very
7 far -- will veer at all from the intent of this
8 legislation and what is already in federal
9 regulation.
10 SENATOR LEICHTER: Good. I thank
11 Senator LaValle for his very clear explanations.
12 Just very briefly, on the bill.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Leichter, on the bill.
15 SENATOR LEICHTER: I just want to
16 point out that we really don't have belts and
17 suspenders here because there's absolutely
18 nothing in this bill that sets forth that nexus
19 which Senator LaValle intends and which I think
20 makes the bill a very sensible bill.
21 I think people who are at risk of
22 developing a communicable disease ought to be
23 informed, whether it's HIV or whether it's
24 syphilis or hepatitis, and so on. I think we
25 owe that particularly to people who work as
4892
1 emergency medical workers, but if that nexus was
2 in the bill, Senator LaValle, I think that you
3 would have a bill that would pass the Assembly.
4 My understanding and what I have
5 just been told is without that nexus, the bill
6 is not going to go in the Assembly. I would
7 hope that you add that nexus, and I think it's a
8 safeguard that we should have in the bill.
9 Based on what Senator LaValle
10 tells me he intends to do in the bill, which I
11 think makes it a sensible bill, I'm going to
12 support it, but I don't think it's as well
13 drafted as it should be to avoid having a
14 notification made where it's not necessary, and
15 I think we all ought to appreciate and
16 understand that people who have communicable
17 diseases -- it's not HIV. It can be other
18 sexually transmitted disease or it could be
19 hepatitis -- don't want that information spread
20 around for obvious reasons.
21 On the other hand, that interest
22 is certainly overriden by the concern that we
23 have for medical workers who ought to be
24 protected. If the nexus were in the bill, I
25 think there would be no problem with it.
4893
1 Since you intend it to be such,
2 I'm going to vote for it, but I'm afraid you're
3 not going to get it through the Assembly in this
4 form.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section, please.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 120th day.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MARCELLINO:
13 Senator Abate, why do you rise?
14 SENATOR ABATE: I would like to
15 explain my vote.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Abate, to explain her vote.
18 SENATOR ABATE: While I trust in
19 the good faith intentions of Senator LaValle
20 that the Health Department will write in that
21 nexus, I'm not prepared to support the bill
22 until the nexus is fully detailed in the
23 legislation.
24 We all know that HIV and AIDS
25 cannot be transmitted through casual contact and
4894
1 while we need to protect workers, emergency
2 workers, I believe this bill as crafted is much
3 too broad. When the bill is amended to include
4 that nexus so that we can in a reasonable manner
5 safeguard the health and safety of these
6 workers, I can support the bill but not until
7 that amendment occurs.
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 335 are Senators
10 Abate, Markowitz, Montgomery, Paterson, Rosado,
11 Sampson, Santiago, Smith. Ayes 52 -- also
12 Senator Connor. Ayes 51, nays 9.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 833, by Senator Balboni, Senate Print 4248-B, an
17 act to amend the Civil Practice Law and Rules,
18 in relation to prohibiting.
19 SENATOR GOLD: Explanation.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Balboni, an explanation has been
22 requested.
23 SENATOR BALBONI: Thank you, Mr.
24 President.
25 This bill would create a new
4895
1 Section 1411 (a) of the Civil Practice Law and
2 Rules. That would essentially establish in law
3 a complete bar as a result of a felony
4 conviction of an individual whose culpable
5 conduct contributed to their injury.
6 Now, take away that legal
7 definition, what you're talking about is a
8 concept that we've discussed before here on the
9 floor, that is, basically denying the right to
10 participate in our justice system for
11 individuals who are injured through the course
12 of criminal conduct, and might I just add that
13 we have -- if we adopt this bill today, we're
14 taking a step that we took -- this Legislature
15 took back in 1975.
16 In 1972, the Court of Appeals in
17 the case by the name of Dole versus Dow
18 criticized the comparative -- the contributory
19 negligence scheme and in 1975 the Legislature
20 reacted and adopted a comparative negligence
21 scheme. We now in this year after considering
22 Manning versus Brown, the Court of Appeals in
23 December, which has criticized our current law
24 as it relates to allowing people to bring these
25 lawsuits, can now adopt this new section and,
4896
1 therefore, reverse the mistakes that were made
2 back in 1975 with the prior contributory
3 negligence reform.
4 SENATOR GOLD: Mr. President.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Gold, are you going to request that I
7 read the last section?
8 SENATOR GOLD: I don't think so.
9 ACTING PRESIDENT MARCELLINO: Oh,
10 okay.
11 SENATOR GOLD: Will the gentleman
12 yield to a question?
13 SENATOR BALBONI: Yes, I will,
14 Mr. President.
15 SENATOR GOLD: First of all,
16 Senator, we all know that bad cases make bad
17 law, and I hope this isn't going to be one of
18 those examples but, Senator, to begin with, this
19 bill had an original print and an "A" print and
20 it's now in its "B" print.
21 The original print and the "A"
22 print sought to amend Section 1411 and that
23 section deals with the issue of contributory
24 negligence and assumption of risk and it uses
25 the expression "the culpable conduct
4897
1 attributable to the complainant." Now,
2 understand, the culpable conduct and then it
3 goes on and has some language, "provided any
4 culpable conduct".
5 This is my question, Senator. In
6 the "B" print, which is what we're being asked
7 to debate today, we create a new section,
8 Section 1411 (a), so all of that preliminary
9 language is not in the section and the way I
10 read your section, which is very short, "In any
11 action to recover damages", et cetera, it says
12 "any culpable conduct of the claimant which
13 results in a conviction." The way I read this,
14 if anyone's convicted of a crime, it sounds like
15 you're barring them from suing anybody for
16 anything even if it is not related to the
17 incident.
18 SENATOR BALBONI: Senator, if I
19 might, I would direct you to the word "culpable"
20 and its definition within the law, both in the
21 common law and in the statutory law. Culpable
22 specifically refers to the incident in question
23 and that's been -- when you take a look at the
24 Pfaltzgraf case versus the Long Island Rail Road
25 and you go back to those definitions of
4898
1 culpable, those are the specific definitions
2 they're referring to and, frankly, we decided to
3 make this very simple. Some of the other
4 attempts at this particular change, I believe
5 led to questions of fact. There were inherently
6 raised questions of fact.
7 The point of this amendment is to
8 permit the defendant to bring a motion for
9 summary judgment, either in lieu of answer, in
10 3212 of the CPLR, or just as a motion for
11 summary judgment at the threshold of the case so
12 as to short circuit the inquiry. Inherent in
13 that is the ability to avoid a question of fact
14 which would, as you know, defeat a motion for
15 summary judgment.
16 SENATOR GOLD: Mr. President,
17 will the gentleman yield to a question?
18 ACTING PRESIDENT MARCELLINO:
19 Senator Balboni, do you yield?
20 SENATOR BALBONI: Of course, Mr.
21 President.
22 ACTING PRESIDENT MARCELLINO: He
23 yields.
24 SENATOR GOLD: You didn't discuss
25 Pfaltzgraf in the Fordham Law School article,
4899
1 did you?
2 SENATOR BALBONI: No, I didn't,
3 because the issue of culpable conduct was -- has
4 not been raised as to one of the objections to
5 the bill. As the you know, the Trial Lawyers
6 had extensive memorandum in opposition.
7 SENATOR GOLD: Well, we'll get to
8 that. We'll get to that. If the gentleman will
9 continue to yield. One second.
10 ACTING PRESIDENT MARCELLINO:
11 Will the gentleman continue to yield?
12 SENATOR GOLD: One second. If
13 the gentleman will continue to yield.
14 ACTING PRESIDENT MARCELLINO: I
15 believe he continues to yield, Senator.
16 SENATOR GOLD: Yeah. See, what
17 I'm concerned about on the language issue -- and
18 you may want to take a look at it -- it says any
19 culpable conduct, and I think if you're going to
20 go to a new section, it would at least make your
21 thought clearer if you said any culpable conduct
22 involved in these circumstances -- in the
23 particular instance, because I do think that
24 that affects it.
25 I would also say, Senator, you
4900
1 refer to McCummin and I'm familiar with that
2 situation. I'm familiar with the Sandusky
3 case. I wrote the original "Son of Sam" Law and
4 was very interested in Justice Crane's opinion
5 where he did not allow the Sandusky suit, and I
6 think that is an issue whether or not as between
7 a victim and a perpetrator, there should be some
8 capacity to sue back and forth, but in your
9 situation, Senator -- let's go to the Trial
10 Lawyers' memo. They raise some concerns and I
11 think they ought to be dealt with on this floor.
12 For example, when I went to law
13 school in the early 1700s, we all heard that you
14 couldn't set up traps for people. If somebody
15 came onto your property even as a trespass... I
16 think Sandusky is calling you -- even as a
17 trespasser, you couldn't set up a trap.
18 The way I read this bill, if
19 you're setting up a trap for somebody or if
20 somebody is trespassing, you might be creating a
21 situation where you're now giving them some
22 civil immunity from that situation. They raise
23 that issue. You want to deal with it.
24 SENATOR BALBONI: Mr. President,
25 I would be happy to respond to that. First,
4901
1 though, I would just like to in regard to your
2 point about the drafting of the bill, for anyone
3 who would take a look at Section 1411-A, that
4 specifically refers to a comparative negligence
5 scheme. We reject that. We do not want any
6 comparative negligence being done. We -
7 therefore, that's why we created the separate
8 section, to take it out but to keep it in the
9 same theme, that is, assumption of risk and
10 contributory negligence. We believe that it
11 would be very -
12 SENATOR GOLD: Can I debate with
13 you on that issue? I don't mean to interrupt,
14 but the point I'm making is I understand that
15 you don't want it in 1411. I understand that.
16 All I'm saying is that there was language in
17 1411 which helped to explain the issue of what
18 culpable conduct you were talking about.
19 SENATOR BALBONI: In the context
20 of a comparative scheme which would necessitate
21 considering the facts. I don't want to consider
22 the facts. I want this to be a motion on the
23 law without a question of fact presented to the
24 court and, therefore, subject to a motion for
25 summary judgment. That was our intent.
4902
1 SENATOR GOLD: Will the Senator
2 yield to a question and then we'll come back to
3 that?
4 ACTING PRESIDENT MARCELLINO:
5 Senator Balboni, do you yield to a question?
6 SENATOR BALBONI: Yes.
7 ACTING PRESIDENT MARCELLINO: He
8 yields, Senator.
9 SENATOR GOLD: Is it your
10 intention that anybody who's been convicted of a
11 felony should be barred from any kind of a
12 lawsuit after that?
13 SENATOR BALBONI: Yeah.
14 Senator -
15 SENATOR GOLD: In any situation.
16 SENATOR BALBONI: Senator, that
17 is consistent -- the answer is yes, and it is
18 consistent with the case of Barker versus
19 Kallash which in 1982, the Court of Appeals
20 enunciated the criteria for when you would bar
21 from entering into our judicial system and they
22 spoke of serious crimes, serious offenses and
23 that's why this particular statute speaks to -
24 or this particular bill speaks to felony and for
25 the felony level. There are many who would
4903
1 argue that we should expand the breadth of the
2 actions and the offenses that would come under
3 this -- the ambit of this bill, but I
4 specifically kept it to felonies so that we
5 would be consistent with the Barker
6 methodology.
7 SENATOR GOLD: Mr. President, if
8 I may ask another question.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Balboni, do you yield to another
11 question?
12 SENATOR BALBONI: Yes, Mr.
13 President. If I might, though, before I respond
14 to the gentleman's question, may I please call a
15 Committee on Banking in the Majority Conference
16 Room immediately.
17 ACTING PRESIDENT MARCELLINO:
18 Thank you, Senator.
19 There will be an immediate
20 meeting of the Banking Committee in the Majority
21 Conference Room, that is 332, the Banking
22 Committee.
23 Senator Gold, he yields to your
24 question.
25 SENATOR GOLD: Yeah. Senator, a
4904
1 person is convicted of bank robbery, a felony.
2 They go to jail. They're now out of jail and
3 they're driving in a car and they get slammed by
4 somebody who goes through a red light and they
5 get injured. Do you believe that they should be
6 able to sue the person who slams into their car
7 and causes them injury?
8 SENATOR BALBONI: Yes.
9 SENATOR GOLD: Well, that's my
10 point, Senator, if I can continue. What I'm
11 saying is you are trying to bar anybody from
12 recovering from injury in the course of the
13 conduct of a crime and that's one issue. I'm
14 telling you that the way you have your language
15 here, it sounds like you would be barring
16 anybody who had any culpable conduct that led to
17 a felony from suing anybody in any other
18 situation for personal injury. So I'm just
19 saying you may want to look at that. It is
20 obviously from your last answer, if I'm reading
21 it right, an unrequested consequence of your
22 language. So you may want to just take a look
23 at that.
24 SENATOR BALBONI: That's, of
25 course, assuming your premise that it was
4905
1 culpable conduct -- that it was not culpable
2 conduct. That's what I assume from your fact
3 scenario.
4 SENATOR GOLD: Well, you can't -
5 if I may, Mr. President. If somebody is
6 convicted of a felony, it's because they had
7 culpable conduct.
8 SENATOR BALBONI: No, Senator, I
9 disagree. Culpable conduct, that's not what the
10 statute refers to. If you take a look at how
11 the sentence is constructed, the word "culpable"
12 does not take -- does not modify the actions
13 that caused or gave rise to liability in the
14 felony. It modifies the actions that gave rise
15 to the injuries.
16 SENATOR GOLD: Well, Senator,
17 that's where you and I disagree and I would say
18 to you as a careful draftsman, you may want to
19 look at your language.
20 SENATOR BALBONI: Very good,
21 Senator.
22 SENATOR GOLD: But getting back
23 -- let me reiterate the question I asked
24 before, the issue of the trap and I don't have
25 to restate the whole question. Somebody comes
4906
1 along and how do you handle that?
2 SENATOR BALBONI: I believe it is
3 the state's -- in the state's best interest to
4 deter that behavior, to provide for punishment
5 of an individual who would take it upon
6 themselves to basically take the law into their
7 hands and to set up a trap, a spring gun as it
8 were, and the question becomes what is the best
9 deterrent? Is it to allow for a civil lawsuit
10 in which the individual who's already committing
11 a felony would be a burden in this instance -
12 let's assume a burglar -- with the intent to
13 cause a felony within the premises at night and
14 comes in and is shot?
15 Now, if that is the case, is
16 society in this state best represented by a
17 civil lawsuit that would try to deter that
18 course of conduct or would it be through the
19 criminal system that we have in the state. I
20 believe it would provide a much greater
21 deterrent to an individual. I mean, it's -- and
22 this is -- it's axiomatic and common sense that
23 as you look at your own conduct, which would you
24 be more afraid of, spending time in jail or
25 losing money? That -- if you -- if you disagree
4907
1 with my analysis that I believe it is the jail
2 time, well, then, that -- great minds can
3 differ, but that's what I would respectfully
4 suggest.
5 SENATOR GOLD: All right. If the
6 Senator will yield to another question.
7 SENATOR BALBONI: Of course, Mr.
8 President.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Balboni, do you yield? I believe he
11 does, sir.
12 SENATOR GOLD: Senator, again,
13 and it's the Trial Lawyers' example of somebody
14 who commits a crime, is apprehended, perhaps
15 they're in cuffs and now the police, as
16 unfortunately we're learning in New York these
17 days, are too aggressive and they cause injury
18 to the individual who is now in custody and no
19 longer a threat. Are they barred under your
20 bill from bringing an action?
21 SENATOR BALBONI: Yes, they
22 would, and you may think that is a harsh
23 result. However, as you well know, there are
24 other civil remedies that can be achieved
25 through the federal law, that is, in 1983, a
4908
1 civil rights action which has the -- not only
2 can you get attorneys' fees in that, but you can
3 also have personal liability against the
4 officer.
5 As I pointed out in the article
6 that you alluded to beforehand, there are many
7 statutes right now on the books which provide
8 for a reimbursement, an indemnification of
9 municipal employees, specifically officers,
10 notwithstanding the fact that their conduct may
11 have been found to be punitive and, therefore,
12 there is no personal financial liability
13 exposure for them. Under -- in the 1983 civil
14 rights action, that is done away with and, of
15 course, you know, all the case law that we cite
16 in the Monnell decision that predicates
17 liability upon actions taken in the course and
18 scope of conduct of the job but that again, if
19 you're going to -- what do you say to a police
20 officer, don't beat this person who's in your
21 custody because we're going -- we're going to
22 have to sue you, or don't beat this person who's
23 in your custody because we will send you to
24 prison and you will go away for a long time and
25 lose your personal freedoms, and I think that
4909
1 that is a much greater deterrent.
2 SENATOR GOLD: Mr. President.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Gold.
5 SENATOR GOLD: Yeah. On the
6 bill.
7 ACTING PRESIDENT MARCELLINO:
8 Senator Gold, on the bill.
9 SENATOR BALBONI: Thank you.
10 SENATOR GOLD: I want to thank
11 Senator Balboni for explaining the bill because
12 it really clarifies my opposition, and I
13 appreciate his being forthright in his answers.
14 Too many times on this floor I
15 see people introduce bills, they sort of run
16 away from what it does on the floor and then the
17 press releases are very different but he's very
18 candid about what it does, and I think that's
19 the problem with this bill.
20 First of all, our legal system is
21 filled with circumstances where people have
22 civil and criminal remedies. It happens all of
23 the time and sometimes we have to explain to lay
24 people that, well, in the criminal case it was
25 beyond a reasonable doubt but the other one is
4910
1 different and the O.J. Simpson trial, as an
2 example of someone who was convicted in one
3 courtroom in the criminal side but there were
4 damages given in the civil side. There are two
5 separate things and whether it's -- one or the
6 other is a deterrent, I think it's a system of
7 justice that we're talking about.
8 Senator Farley and I had a
9 dispute one day and I realized that
10 unfortunately he was right and I was wrong
11 because I made the comment that we are here to
12 make laws and laws have specific words and he
13 said to me, no, no. We debate concepts and as
14 foreign as that concept was to me, he's really
15 right.
16 Unfortunately, you have put
17 before us something and we're debating ideas but
18 if it becomes a law it is words, and I would
19 urge upon you that the words of your bill need
20 some expansion if they're going to at least say
21 what you want it to do, but I'm against what you
22 want it to do and the reason I'm against it is
23 the very examples we used.
24 You said to me, for example, the
25 situation of the teenager who was already no
4911
1 longer a threat to society, the individual is
2 handcuffed and he's in police custody and now
3 he's beaten and he's abused and that may be a
4 crime but it also should lead it him having some
5 rights to damages and when you say that your
6 bill may sound harsh, I say to you it sounds
7 outrageous. It's not harsh. It's outrageous,
8 if that is what the consequence is going to be.
9 Now, there were some very, very
10 interesting -- and that's a terrible word -- but
11 interesting legal questions raided by the
12 McCummin situation, the Sandusky situation and
13 McCummin got a lot of money and it was in a
14 situation where most people said, What, and
15 that's why I say to you that we say that bad
16 cases make bad law.
17 My distinguished colleague,
18 Senator Volker, who I respect greatly brings
19 before us every year a bill that would change
20 something in the grand juries because one
21 assistant D.A. made one mistake in one case out
22 of hundreds of thousands and I say to him
23 respectfully, don't change the law for that.
24 Thank God it only happened once in so many
25 situations but I think, Senator, we cannot as a
4912
1 Legislature, not in 1998 when you read what goes
2 on in the papers, open up a door, particularly
3 as the Trial Lawyers have pointed out, for
4 police officers to bang up people and take away
5 part of their rights say, well, you still have
6 the Criminal Law. I don't think you can do it.
7 I know everybody in this chamber
8 was horrified last week when a retired police
9 officer killed his wife and his daughter, but I
10 bet everybody in this chamber, including me -
11 I'm no better -- has voted that if you were a
12 retired cop, give him a gun. After all, they're
13 retired cops, give them a gun. Well, I don't
14 know whether that retired cop should have had a
15 gun.
16 My issues on gun control are
17 going to vary substantially by my colleagues on
18 both sides of the aisle perhaps, but I think,
19 Senator, that we have to have a criminal justice
20 system that takes care of the criminal and
21 distinguishes that some activity is criminal and
22 society has an interest and then you have the
23 civil law where maybe individuals have an
24 interest, and I say to you, Senator, as harsh as
25 it may sound, that certainly if an individual
4913
1 has an action because something has been done to
2 them which is wrongful, we should not be saying,
3 yeah, but there was a crime some place along the
4 line and even though it may be over, that's just
5 -- that's just tough luck and when you talk
6 about summary judgment versus the costs to
7 municipalities, I will say one other thing to
8 you, Senator. If we're talking about the costs
9 of litigation, there's a lot of things we ought
10 to look at.
11 I heard the Trial Lawyers beaten
12 up in this chamber year after year when I know
13 and everybody knows that one of the most expens
14 ive portions of tort litigation is what the
15 insurance company lawyers get paid. You want to
16 cut the cost of policies, take a look at that.
17 Well, if you're talking about municipalities,
18 Senator, I can tell you that there is a fortune
19 that is paid by municipalities in defending
20 simple contract actions where people who do work
21 for these municipalities are caused delays
22 because of the municipalities, because of the
23 red tape and what happens? Contractors who do
24 work for the state are delayed, delayed,
25 delayed. That's a cost. Let's do something
4914
1 about that, but I believe, Senator, that with
2 the best intentions of the world, you are
3 overreacting and you are going too far.
4 I think that the -- and I've
5 tried to change the law with regard to the
6 Sandusky case because I think he should have had
7 a claim against McCummin, but in your situation
8 if you're telling me -- if you had say to me
9 that the Trial Lawyers go too far, that the
10 crime was over and forget about it, that would
11 have had maybe one reaction but if you're
12 telling me that under this law, a police officer
13 can arrest someone after a crime and while a
14 person is in custody and no longer a threat,
15 they can be injured and they lose their right to
16 sue if they were convicted of a felony, it goes
17 too far and I respect the fact that we now have
18 a colleague who reads law and reads cases. That
19 may be disturbing to some. I think the article
20 is well written, but I think that I have to
21 disagree with your conclusion.
22 ACTING PRESIDENT MARCELLINO:
23 Senator Balboni.
24 SENATOR BALBONI: Yeah, Mr.
25 President. On the bill.
4915
1 ACTING PRESIDENT MARCELLINO:
2 Senator Balboni, on the bill.
3 SENATOR BALBONI: In response, I
4 think that this debate illustrates what
5 oftentimes occurs in a deliberative body. We
6 take concepts and we expand on them that are
7 frankly irrelevant to the law itself.
8 Senator Gold makes an argument
9 that an individual who's no longer a threat, is
10 in cuffs and is beat, that is a horrific visual
11 image for all of us to consider and yet that has
12 no relevance to the bill. That is not culpable
13 conduct any way, shape or form. That is simply
14 an assault, police brutality, and whether you
15 want to sue in the state court, you can do that
16 but certainly there is much more deadly conduct
17 in that particular instance than this bill
18 considers.
19 In addition which this particular
20 statute will be implemented by the courts of
21 this state and what we fail to do oftentimes -
22 and in the seven years I have been in the
23 Assembly we did it again and again and again,
24 we're doing it here today -- we fail to take the
25 next step.
4916
1 Ladies and gentlemen, there is a
2 society out there that will take this bill and
3 implement it. So work it through for those
4 trial practitioners, people who know the court
5 system. There will be a motion for summary
6 judgment under the scheme of this bill to
7 dismiss a case. The court will then review the
8 affidavits which support the motion and will
9 decide on the law whether or not the pleadings
10 themselves describe culpable conduct. If they
11 do, the case is dismissed. If they don't, the
12 case is -- then goes forward to trial.
13 Let's say you have an egregious
14 situation where justice is not done and the
15 judge sitting in judgment makes a mistake and
16 you have the appellate division that can come
17 and take a look, a far cry from the instant and
18 absolute denial of justice that we talk about if
19 we were going to insulate police officers from
20 any type of criminal liability.
21 Senator Gold, your fight is not
22 with me. It is not with this bill. It is with
23 the current system of liability escape clauses
24 that a lot of the police departments in the
25 state have and many of them need those escape
4917
1 clauses, but that is a criminal justice system
2 issue, not a civil justice issue.
3 Today in this state we need to do
4 a very simple thing to return to where we were
5 in 1975, pre-1975, when we said to you if your
6 conduct contributes to your juries, you are out
7 of luck. You cannot sue, period. That's what
8 the contributory negligence law said.
9 All this bill seems to do is a
10 little bit retro', is a little nostalgic. We
11 want to turn to the pre-1975 days for the
12 felonious plaintiff, simple, and here's the real
13 shock, ladies and gentlemen. This bill does
14 nothing more, nothing more than codify what is
15 already the law in the state of New York from
16 the Court of Appeals which is the highest court
17 in this state and it's been that way since 1982.
18 So now we're understanding all
19 the diatribes by the Trial Lawyers, I would
20 suggest that they are overreacting because this
21 was the way the law was. What we did was we
22 failed to carve it out. That's all. If we
23 carved this out in '75 when we adopted the new
24 comparative system, we wouldn't be having this
25 debate and you know what? Neither would the
4918
1 people in the drug stores and the diners and the
2 Eagle Scouts who talked to me about this bill
3 and why we need to do this to bring some common
4 sense back to this system.
5 Thank you, Mr. President.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Paterson.
8 SENATOR PATERSON: Mr. President,
9 if the -
10 ACTING PRESIDENT MARCELLINO: Why
11 do you rise?
12 SENATOR PATERSON: If the Acting
13 Majority Leader would please yield for a
14 question.
15 ACTING PRESIDENT MARCELLINO:
16 Senator Balboni, do you yield?
17 SENATOR BALBONI: Of course.
18 ACTING PRESIDENT MARCELLINO: Of
19 course he does, sir.
20 SENATOR PATERSON: Senator
21 Balboni, am I correct when you are saying that
22 actually at a point that a person being arrested
23 is subdued and is in handcuffs, if there was a
24 further assault by police officers, that would,
25 in effect, be police brutality, that would not
4919
1 apply because there wouldn't be any contributory
2 action on the part of the -- on the part -- any
3 culpable conduct. So, therefore, there's no
4 culpable conduct on Barker versus Kallash.
5 SENATOR BALBONI: Correct.
6 SENATOR PATERSON: Okay. If the
7 Senator would yield for a question.
8 SENATOR BALBONI: Of course, Mr.
9 President.
10 ACTING PRESIDENT MARCELLINO:
11 Senator, do you yield for a question?
12 SENATOR BALBONI: Yes, I do.
13 ACTING PRESIDENT MARCELLINO: He
14 does.
15 SENATOR PATERSON: If we take,
16 for example -- I can think of other examples,
17 but the best example -
18 ACTING PRESIDENT MARCELLINO:
19 Excuse me, Senator. Can we have some order in
20 the house, please?
21 Thank you.
22 SENATOR PATERSON: Thank you, Mr.
23 President.
24 If we took, for example, the
25 Rodney King case because we're all familiar with
4920
1 it, my memory of the Rodney King case was that
2 this individual was not at that point arrested.
3 He was not in handcuffs and actually we passed a
4 bill earlier this session that was introduced by
5 Senator Volker increasing the penalties for
6 resisting arrest.
7 So the argument could be made
8 that during the point that Rodney King was
9 subdued and even though he was assaulted, the
10 argument could be made that he was resisting
11 arrest. Isn't that correct, Senator?
12 SENATOR BALBONI: Well, any
13 argument could be made, Senator, but a question
14 back to you, if I might. Would Rodney King have
15 been precluded from bringing a civil liability
16 lawsuit under my bill?
17 SENATOR PATERSON: I -- Mr.
18 President.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Paterson.
21 SENATOR PATERSON: I would
22 suggest that Rodney King would be precluded
23 because his actions would have been taking place
24 prior to the time that he was arrested. So,
25 therefore, it was still in furtherance of his
4921
1 fleeing from the scene of the crime.
2 SENATOR BALBONI: Well, actually,
3 that's -- I would disagree with that result.
4 First of all, he could bring a 1983 federal
5 civil rights action and by the way, he did. He
6 did not file a state -- California state Supreme
7 Court action or -- I forget what they call the
8 trial courts there. He chose to go to 1983
9 civil rights case and that is the case that
10 caused all the media attention.
11 So he had his civil rights and he
12 would maintain his civil rights under my law
13 because we affect state law. In fact, it is
14 somewhat of a pointed debate among trial
15 attorneys that if an attorney were to bring as a
16 plaintiff's attorney a state cause of action in
17 this type of situation involving the police,
18 that it would be legal malpractice because the
19 remedies under the federal system are so much
20 more superior.
21 So that is why I find somewhat
22 specious the argument that under a police
23 brutality situation, which I think has factual
24 inappropriateness to it, but nonetheless from a
25 legal standpoint that it is even something that
4922
1 you should consider because the federal law is
2 so much superior in its application to the
3 situation.
4 SENATOR PATERSON: Mr. President,
5 if the Senator would continue to yield.
6 ACTING PRESIDENT MARCELLINO:
7 Yes, I believe he does. Could we also have some
8 order in the house? Can we please take the
9 conversations outside so we can try to expedite
10 this debate.
11 SENATOR PATERSON: Mr. President.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Paterson.
14 SENATOR PATERSON: The issue that
15 I'm raising doesn't necessarily relate to the
16 forum, because I would suggest that if the civil
17 actions in the state are so inferior to that of
18 the federal action, that that action would be a
19 reason not even to make any attempt legally to
20 preclude them.
21 The point that I'm just trying to
22 make is that the conduct of the individual and
23 whether or not there's culpable conduct is
24 certainly enough at issue as it was in the
25 Rodney King case such that no one was actually
4923
1 convicted criminally. So what I'm saying is
2 that I think the problem is -- if I were just
3 going to give my personal opinion, I think the
4 problem is that we're looking at the civil
5 recovery as being a windfall and certainly
6 anyone who's engaging in culpable conduct who
7 got a dime out of it as a result of some civil
8 action would really be diminishing the value of
9 our courts and their integrity. So I agree with
10 you on that point, Senator Balboni.
11 What I'm sort of suggesting to
12 you is that in many of these cases where you
13 have a situation where someone becomes disabled
14 or can't walk again, that there are times -- at
15 times hundreds of thousands of dollars worth of
16 bills that I think would wind up getting paid by
17 the taxpayer where they should actually be paid
18 by the party that caused it if it can be
19 established that the party went beyond the scope
20 that was necessary to detain the individual.
21 SENATOR BALBONI: I'm sorry. I
22 didn't catch the question on that.
23 SENATOR PATERSON: Neither did I,
24 Senator. My question is what do you think about
25 that?
4924
1 SENATOR BALBONI: Right now under
2 the law today it is very unlikely that someone
3 who would participate in a criminal act and
4 would be injured in the course of the commission
5 of that act could recover from injuries before
6 any jury decision.
7 I have tried these cases. I
8 tried a case in 19... I'm trying to think of the
9 year -- 1991 where an officer shot an individual
10 four times in the stomach as a result of a
11 police engagement. The individual had a knife
12 in their hand and lunged at the police officer.
13 The individual was convicted of menacing. The
14 individual then turned around and then sued the
15 county of Nassau where I was a deputy county
16 attorney for $2.7 million, alleging that he now
17 was paralyzed below the waist.
18 We went to verdict, a month long
19 trial and the jury came back and said, of course
20 you're not liable, county of Nassau. There's no
21 basis for this. It's the same result after a
22 month of trial, and I know that if we could have
23 taken their culpable conduct in the commission
24 of that act, that we could have precluded that
25 entire trial. Same result.
4925
1 That's what we're trying to do
2 here. It would still be for judicial decision.
3 It would still be for judicial consideration.
4 This bill would merely go back to the principles
5 enunciated once again in Barker versus Kallash
6 and bring 1975 contributory negligence. Simply
7 put, if it wasn't unconstitutional back then and
8 if it wasn't a burden to the taxpayers back
9 then, then why would it be a burden on the
10 taxpayers now?
11 SENATOR PATERSON: One final
12 quick question.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Balboni, do you continue to yield? He
15 yields, Senator.
16 SENATOR PATERSON: Senator
17 Balboni, if we went back to the standard that we
18 had before 1975, I believe the controlling case
19 in that area was actually held prior to the 20th
20 Century. I think it was a 1895 case. What was
21 the name of that case?
22 SENATOR BALBONI: You mean Riggs
23 versus Palmer?
24 SENATOR PATERSON: There it is.
25 Thank you, Mr. President.
4926
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MARCELLINO:
9 Please announce the results.
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 833 are Senators
12 Connor, Dollinger, Gold, Lachman, Leichter,
13 Markowitz, Montgomery, Paterson, Sampson,
14 Santiago, Stavisky and Waldon. Ayes 48, nays
15 12.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 SENATOR WALDON: Mr. President.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Waldon, why do you rise in that strange
21 place?
22 SENATOR WALDON: I'm a strange
23 person, Mr. President.
24 I was out of the chamber on other
25 Senate business when the house dealt with
4927
1 Calendar, I believe it's 335, and I would
2 respectfully request that without objection, I
3 be recorded in the negative on Calendar 335.
4 ACTING PRESIDENT MARCELLINO:
5 Without objection, Senator Waldon will be
6 recorded in the negative on Calendar Number 335.
7 Senator Breslin, why do you
8 rise?
9 SENATOR BRESLIN: I request to be
10 recorded in the negative on 335 as well, with
11 unanimous consent.
12 ACTING PRESIDENT MARCELLINO:
13 With unanimous consent, we'll do that, sir.
14 Senator Dollinger.
15 SENATOR DOLLINGER: Mr.
16 President, may I have unanimous consent to be
17 recorded in the negative on Calendar Numbers
18 1377 and 1378.
19 ACTING PRESIDENT MARCELLINO:
20 Without objection, Senator Dollinger will be
21 recorded in the negative on 177 and Calendar
22 Number 178, only if he promises never to hit the
23 microphone again. 137?
24 SENATOR DOLLINGER: 1377 and
25 1378, Mr. President.
4928
1 ACTING PRESIDENT MARCELLINO:
2 1377 and 1378.
3 SENATOR MONTGOMERY: Mr.
4 President.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Montgomery, why do you rise?
7 SENATOR MONTGOMERY: Yes. Mr.
8 President, I would like unanimous consent to be
9 recorded in the negative on Calendar 756.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Montgomery, without objection, will be
12 recorded in the negative on Calendar Number
13 756.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 879, by Senator Velella, Senate Print 4417-D, an
17 act to amend the Insurance Law, in relation to
18 risk-based capital requirements.
19 ACTING PRESIDENT MARCELLINO:
20 Read the last section.
21 THE SECRETARY: Section 6. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO:
24 Call the roll.
25 (The Secretary called the roll.)
4929
1 THE SECRETARY: Ayes 60.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 Senator Dollinger.
5 SENATOR DOLLINGER: May I have
6 unanimous consent to be recorded in the negative
7 on Calendar Number 335.
8 ACTING PRESIDENT MARCELLINO: If
9 we can finish the roll call, Senator, we'll do
10 that. The bill is passed.
11 Without objection, Senator
12 Dollinger you will be recorded in the negative
13 on Calendar Number 335. Thank you.
14 Senator Velella.
15 SENATOR VELELLA: May we return
16 to reports of standing committees. I believe
17 there's a report of the Rules Committee at the
18 desk.
19 ACTING PRESIDENT MARCELLINO:
20 Yes. We have a report of the Rules Committee at
21 the desk.
22 SENATOR LEICHTER: Mr. President.
23 ACTING PRESIDENT MARCELLINO:
24 Before we do that, Senator Leichter.
25 SENATOR LEICHTER: Could you also
4930
1 please record me in the negative on Calendar
2 335.
3 ACTING PRESIDENT MARCELLINO:
4 Without objection, Senator, you will be recorded
5 in the negative on 335.
6 The Secretary will read the
7 report of the Rules Committee.
8 THE SECRETARY: Senator Bruno,
9 from the Committee on Rules, reports the
10 following bills directly for third reading:
11 Senate Bill 317-C, by Senator
12 Skelos, an act to amend the Insurance Law;
13 2007-A, by Senator Skelos, an act
14 to amend the General Municipal Law;
15 3688-B, by Senator Maltese, an
16 act to amend at Administrative Code of the city
17 of New York;
18 4232, by Senator Farley, an act
19 to amend Section 23 of Chapter 171;
20 4321-A, by Senator Trunzo, an act
21 to amend the Education Law;
22 4640-A, by Senator Saland, an act
23 to amend the Family Court Act;
24 5386, by Senator Rath, an act to
25 amend the Penal Law;
4931
1 5435-B, by Senator Maziarz, an
2 act to amend the Family Court Act;
3 5462-A, by Senator Stafford, an
4 act to amend the Civil Service Law;
5 5573-A, by Senator Spano, an act
6 to amend the General Municipal Law.
7 5949-A, by Senator Skelos, an act
8 to amend the Correction Law and the Executive
9 Law;
10 6201, by Senator Skelos, an act
11 to amend the Domestic Relations Law;
12 6284-B, by Senator Rath and
13 others, an act to amend the Real Property Tax
14 Law;
15 6549-B, by Senator DeFrancisco,
16 an act to amend the Parks, Recreation and
17 Historic Preservation Law;
18 6611, by Senator Nozzolio, an act
19 to amend the Executive Law;
20 6617-A, by Senator Skelos, an act
21 to amend the Public Service Law;
22 6680-A, by Senator Lack, an act
23 to amend the Insurance Law;
24 6699, by Senator Hoffmann, an act
25 to authorize James J. Parmley;
4932
1 6737, by Senator Johnson, an act
2 to amend the Vehicle and Traffic Law;
3 6904, by Senator Skelos, an act
4 to amend Chapter 676 of the Laws of 1978;
5 6955-A, by Senator Velella, an
6 act to amend the Insurance Law;
7 6967-A, by Senator Holland, an
8 act to amend the Social Services Law;
9 7047, by Senator Velella, an act
10 to amend the General Business Law;
11 7065, by Senator Seward, an act
12 to amend the Real Property Tax Law;
13 7189, by Senator Leibell, an act
14 to amend the New York City Charter;
15 7270, by Senator Seward, an act
16 to amend the Tax Law;
17 7410, by Senator Padavan, an act
18 to amend the Retirement and Social Security Law;
19 7465, by Senator Skelos, an act
20 to amend the Business Corporation Law;
21 7474, by Senator Trunzo, an act
22 to amend the Local Finance Law;
23 7534, by Senator Smith and
24 others, an act to amend the Executive Law;
25 7548-A, by the Committee on
4933
1 Rules, an act to amend the Administrative Code
2 of the city of New York;
3 7571, by Senator Holland, an act
4 to amend the Education Law;
5 7603, by Senator Nanula, an act
6 to amend the Local Finance Law;
7 7614, by Senator Balboni, an act
8 to permit the sale or lease;
9 7633, by Senator Alesi, an act to
10 amend the Local Finance Law;
11 7636, by Senator Farley, an act
12 to amend the Banking Law;
13 7637, by Senator Farley, an act
14 to amend the Banking Law;
15 7642, by Senator LaValle, an act
16 to amend Chapter 845;
17 7651, by Senator DeFrancisco, an
18 act to authorize the state;
19 7652, by the Committee on Rules,
20 an act to amend the Public Authorities Law;
21 7653, by Senator Velella, an act
22 to amend the Insurance Law;
23 7661, by the Committee on Rules,
24 an act to amend the Insurance Law;
25 7665, by Senators Fuschillo and
4934
1 Libous, an act to amend the Highway Law;
2 7666, by Senator Johnson, an act
3 to amend the Vehicle and Traffic Law;
4 7672, by Senator Alesi, an act to
5 amend the Personal Property Law;
6 7678, by Senator Skelos, an act
7 to authorize the South Hempstead;
8 7687, by Senator Goodman, an act
9 to amend the Tax Law;
10 7690, by Senator Stafford, an act
11 to amend the Real Property Tax Law;
12 7694, by Senator Rath, an act to
13 amend the County Law;
14 7696, by Senator Rath, an act to
15 amend the County Law;
16 7700-A, by Senator Trunzo, an act
17 to amend the Criminal Procedure Law;
18 7714, by Senator Libous, an act
19 to amend the Public Authorities Law;
20 7719, by Senator Farley, an act
21 to amend the Banking Law;
22 7728, by the Committee on Rules,
23 an act to amend the Insurance Law.
24 All bills directly for third
25 reading.
4935
1 SENATOR SKELOS: Mr. President,
2 move to accept the Rules report.
3 ACTING PRESIDENT MARCELLINO: The
4 motion on the floor is to accept the Rules
5 Report. All in favor signify by saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The report of the Rules Committee
10 is accepted.
11 Senator Skelos.
12 SENATOR SKELOS: Is there any
13 housekeeping at the desk?
14 ACTING PRESIDENT MARCELLINO:
15 Yes, Senator. We have some housekeeping. Can
16 we go back to motions and substitutions.
17 SENATOR SKELOS: Please make the
18 substitutions.
19 ACTING PRESIDENT MARCELLINO: The
20 Secretary will read the substitutions.
21 SENATOR SKELOS: Mr. President,
22 if I could, I know sometimes when we bring up
23 the issue of housekeeping members think that the
24 session is over. That is not necessarily true
25 today.
4936
1 ACTING PRESIDENT MARCELLINO: Let
2 all be warned that the session is not
3 necessarily over.
4 The Secretary will read the
5 substitutions.
6 THE SECRETARY: On page 22,
7 Senator Trunzo moves to discharge from the
8 Committee on Rules Assembly Bill 10683 and
9 substitute it for the identical Senate Bill
10 6952.
11 On page 26, Senator Trunzo moves
12 to discharge from the Committee on Rules
13 Assembly Bill 9977 and substitute it for the
14 identical Senate Bill 6598.
15 On page 26, Senator Skelos moves
16 to discharge from the Committee on Rules
17 Assembly Bill 10690 and substitute it for the
18 identical calendar Senate Bill 6615.
19 On page 27, Senator Trunzo moves
20 to discharge from the Committee on Rules
21 Assembly Bill 10710 and substitute it for the
22 identical Senate Bill 7236.
23 On page 30, Senator Trunzo moves
24 to discharge from the Committee on Rules
25 Assembly Bill 9637 and substitute it for the
4937
1 identical Senate Bill 7099.
2 On page 33, Senator Marcellino
3 moves to discharge from the Committee on Rules
4 Assembly Bill 11124-A and substitute it for
5 identical Senate Bill 7402-A.
6 On page 39, Senator Volker moves
7 to discharge from the Committee on Rules
8 Assembly Bill 10766-B and substitute it for the
9 identical Senate Bill 6602-B.
10 ACTING PRESIDENT MARCELLINO: The
11 substitutions are ordered.
12 The Chair recognizes Senator
13 Meier for some motions.
14 SENATOR MEIER: Mr. President, on
15 behalf of Senator Seward, I wish to call up his
16 bill, Senate Print Number 3095-A, which is now
17 at the desk.
18 ACTING PRESIDENT MARCELLINO: The
19 Secretary will read.
20 THE SECRETARY: By Senator
21 Seward, Senate Print 3095-A, an act to amend the
22 Town Law, in relation to qualifications.
23 ACTING PRESIDENT MARCELLINO:
24 Senator Meier.
25 SENATOR MEIER: Mr. President, I
4938
1 now move to reconsider the vote by which this
2 bill was passed and ask that the bill be
3 restored to the order of third reading.
4 ACTING PRESIDENT MARCELLINO: The
5 Secretary will read the order on
6 reconsideration.
7 (The Secretary called the roll on
8 reconsideration.)
9 THE SECRETARY: Ayes 60.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is restored to third reading.
12 Senator Meier.
13 SENATOR MEIER: Mr. President, I
14 now move to discharge from the Committee on
15 Rules Assembly Print Number 10997-A and
16 substitute it for Senator Seward's identical
17 bill. The Senate Bill on first passage was
18 voted unanimously.
19 ACTING PRESIDENT MARCELLINO: The
20 substitution is so ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 378, by the Assembly Committee on Rules,
24 Assembly Print 10997-A, an act to amend the Town
25 Law.
4939
1 ACTING PRESIDENT MARCELLINO:
2 Senator Meier.
3 SENATOR MEIER: I now move that
4 the substituted Assembly bill have its third
5 reading at this time.
6 ACTING PRESIDENT MARCELLINO: So
7 ordered. Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 60.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 SENATOR SEWARD: Mr. President.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Seward, why do you rise?
19 SENATOR SEWARD: Mr. President, I
20 would like to place a sponsor's star on Calendar
21 Number 1404, Senate Print Number 7065, which is
22 on the supplemental calendar.
23 ACTING PRESIDENT MARCELLINO:
24 Calendar Number 1404 will be starred at the
25 request of the sponsor.
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1 SENATOR SEWARD: Thank you.
2 ACTING PRESIDENT MARCELLINO:
3 Senator Skelos.
4 SENATOR SKELOS: Is there any
5 other housekeeping at the desk?
6 ACTING PRESIDENT MARCELLINO: No,
7 Senator. I believe we're clear.
8 SENATOR SKELOS: There being no
9 further business, I move we adjourn until
10 Wednesday, June 17th, at 10:00 a.m. and there
11 will be a Majority Conference in the Majority
12 Conference Room at 4:00 p.m.
13 ACTING PRESIDENT MARCELLINO: The
14 Senate will stand the adjourned until tomorrow,
15 at 10:00 a.m. and there will be an immediate -
16 or a 4:00 p.m. meeting of the Majority
17 Conference in the Majority Conference Room.
18 Meeting of the Majority Conference in the
19 Majority Conference Room at 4:00 p.m. The
20 Senate is adjourned.
21 (Whereupon, at 3:55 p.m., the
22 Senate adjourned.)
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