Regular Session - March 25, 1999
1537
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 25, 1999
11:03 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: Thank you for
that leadership.
In the absence of clergy, may we
all bow our heads in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Wednesday, March 24th, the Senate met pursuant
to adjournment. The Journal of Tuesday,
March 23rd, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
1539
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we call for an immediate meeting of the
Veterans Committee in Room 332.
THE PRESIDENT: There will be an
immediate meeting of the Veterans Committee in
Room 332.
The Secretary will read.
THE SECRETARY: Senator Volker,
from the Committee on Codes, reports the
following bills:
Senate Print 718, by Senator
Saland, an act to amend the Criminal Procedure
Law and others;
1022, by Senator Skelos, an act to
amend the Civil Practice Law and Rules;
1127, by Senator Marcellino, an act
to amend the Criminal Procedure Law;
1265, by Senator Meier, an act to
amend the Civil Rights Law;
1481A, by Senator Balboni, an act
1540
to amend the Civil Practice Law and Rules;
1775, by Senator Kuhl, an act to
amend the Penal Law;
1778, by Senator Trunzo, an act to
amend the Penal Law;
2059, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
2086, by Senator Libous, an act to
amend the Penal Law;
2096, by Senator Libous, an act to
amend the Penal Law;
2188, by Senator Maltese, an act to
amend the Penal Law;
2247, by Senator Lack, an act to
amend the Penal Law;
2267, by Senator Balboni, an act to
amend the Penal Law;
2531, by Senator Velella, an act to
amend the Penal Law;
2613, by Senator Maltese, an act to
amend the Penal Law;
2614, by Senator Volker, an act to
amend the Penal Law;
2678, by Senator Velella, an act to
amend the Penal Law;
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2865, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
2874, by Senator McGee, an act to
amend the Penal Law;
2904, by Senator Volker, an act to
amend the Penal Law and the Criminal Procedure
Law;
2943, by Senator Rath, an act to
amend the Penal Law and the Criminal Procedure
Law;
3337, by Senator McGee, an act to
amend the Criminal Procedure Law; and
3435, by Senator Volker, an act to
amend the Civil Practice Law and Rules.
All bills ordered direct for third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Senator Bruno.
SENATOR BRUNO: Madam President,
is there a report of the Finance Committee at
the desk?
THE PRESIDENT: Yes, there is,
Senator.
1542
SENATOR BRUNO: Can we have it
read at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
As Commissioner of the State
Insurance Fund, Terence L. Morris of Burnt
Hills.
SENATOR STAFFORD: Move
confirmation, please. I'm sorry.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please. Thank you.
THE PRESIDENT: Thank you,
Senator Stafford.
The question is on the confirmation
of Terence L. Morris of Burnt Hills as -
reappointed to Commissioner of the State
Insurance Fund.
All in favor, signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
1543
(No response.)
THE PRESIDENT: Terence L. Morris
is hereby confirmed and reappointed as
Commissioner of the State Insurance Fund.
The Secretary will read.
THE SECRETARY: As a member of
the Dormitory Authority, Thomas H. O'Neill of
Hamburg.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: Thank you,
Senator.
The question is on the confirmation
of Thomas H. O'Neill of Hamburg, for a term to
expire December 11, 2001, as a new appointee
and member of the Dormitory Authority.
All those in favor, signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Thomas H. O'Neill
of Hamburg is hereby confirmed as a member of
the Dormitory Authority.
The Secretary will read.
1544
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
Edward B. Dunn of Rye.
THE PRESIDENT: The question is
on the confirmation of Edward B. Dunn of Rye
as a member of the Metropolitan Transit
Authority.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Edward B. Dunn of Rye
as a member of the Metropolitan Transit -
Transportation Authority.
All in favor, signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Senator Spano.
SENATOR SPANO: Can I speak on
the nomination, please?
THE PRESIDENT: Go ahead,
Senator.
SENATOR SPANO: It is my pleasure
to stand in support of the nomination of Ted
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Dunn as a member of the MTA. I have known Ted
Dunn personally for a long time. He is a
valued member of the Westchester County
community, a very successful person down on
Wall Street.
I commend the Governor for
appointing someone who has got the time and
the determination to make sure that the
interests of the commuters, particularly in
Metro-North, and of all the commuters served
by the MTA, will be -- that those interests
will be protected adequately.
And I would be remiss if I did not
stand to thank the Governor for his
appointment of Ted Dunn and wish Ted the best
in his role as the -- as a representative of
the MTA.
Thank you, Madam President.
THE PRESIDENT: Edward B. Dunn is
hereby confirmed as a member of the
Metropolitan Transportation Authority.
The Secretary will read.
THE SECRETARY: As a member of
the Administrative Review Board for
Professional Medical Conduct, Robert M. Briber
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of Schenectady.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Robert M. Briber of
Schenectady as a member of the Administrative
Review Board for Professional Medical Conduct.
All in favor, signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Robert M. Briber
is hereby confirmed as a member of the
Administrative Review Board for Professional
Medical Conduct.
The Secretary will read.
THE SECRETARY: As members of the
Finger Lakes State Park, Recreation and
Historic Preservation Commission, Marcia
Herrling Finch of Aurora and Kenneth L.
Patchen, Jr., of Waterloo.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
1547
confirmation.
THE PRESIDENT: The question is
on the confirmation of Marcia Herrling Finch
of Aurora and Kenneth Lee Patchen, Jr., of
Waterloo, as members of the Finger Lakes State
Park, Recreation and Historic Preservation
Commission.
All in favor, signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Marcia Herrling
Finch and Kenneth Lee Patchen are hereby
confirmed as members of the Finger Lakes State
Park, Recreation and Historic Preservation
Commission.
The Secretary will read.
THE SECRETARY: As a member of
the Veterans' Affairs Commission, Ann L.
Baglio of Springville.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
1548
on the confirmation of Ann L. Baglio of
Springville as a member of the Veterans'
Affairs Commission.
All those in favor, signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Ann L. Baglio of
Springville is hereby confirmed as a member of
the Veterans' Affairs Commission.
The Secretary will read.
THE SECRETARY: As director of
the Municipal Assistance Corporation for the
City of New York, Edward V. Regan of New York
City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Edward V. Regan of New
York City as a director of the Municipal
Assistance Corporation for the City of New
York.
All in favor, signify by saying
1549
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Edward V. Regan
of New York City is hereby confirmed as a
director of the Municipal Assistance
Corporation for the City of New York.
The Secretary will read.
THE SECRETARY: As a member of
the New York State Hospital Review and
Planning Commission, Robert Hurlbut of
Rochester.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Robert Hurlbut of
Rochester as a member of the New York State
Hospital Review and Planning Council.
All in favor, signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
1550
THE PRESIDENT: Robert Hurlbut of
Rochester is hereby confirmed as a member of
the New York State Hospital Review and
Planning Council.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Visitors, New York State Home for
Veterans and Their Dependents at Oxford,
Joseph J. Benenati, Jr., of Norwich.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Joseph J. Benenati,
Jr., of Norwich as a member of the Board of
Visitors, New York State Home for Veterans and
Their Dependents at Oxford.
All in favor, signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Joseph J.
Benenati, Jr., of Norwich is hereby confirmed
as a member of the Board of Visitors, New York
1551
State Home for Veterans and Their Dependents
at Oxford.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 4079A, Budget Bill, an
act to amend Chapters 50, 53, and 54 of the
laws of 1998 making appropriations for the
support of government.
THE PRESIDENT: Without
objection, this bill is directed to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there's a privilege resolution at
the desk by Senator Larkin. I would ask that
the title be read and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
1552
THE SECRETARY: By Senator
Larkin, legislative resolution mourning the
death of Nick F. Bernard Badami, distinguished
citizen and philanthropist.
THE PRESIDENT: The question is
on the resolution. All in favor, signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there is another privilege
resolution at the desk -
THE PRESIDENT: Yes, there is,
Senator.
SENATOR BRUNO: -- by the very
distinguished senior senator, the most senior
senator in all of the United States, Senator
Marchi. I would ask that the title be read
and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
1553
THE SECRETARY: By Senator
Marchi, legislative resolution congratulating
the College of Staten Island basketball team
on winning the City University Conference
Tournament on February 26, 1999.
THE PRESIDENT: The question is
on the resolution. All in favor, signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we now have the controversial reading of
the calendar -- non-controversial reading of
the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
99, by Senator Skelos, Senate Print 980, an
act to amend the Domestic Relations Law, in
relation to orders of adoption.
THE PRESIDENT: Read the last
1554
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
100, by Senator Saland, Senate Print 1013, an
act to amend the Family Court Act, in relation
to extensions of child placement.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
198, by Senator Holland, Senate Print 1351, an
act to amend the Social Services Law, in
relation to county responsibility.
1555
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
265, by Senator Rath, Senate Print 2948, an
act to amend the Vehicle and Traffic Law, in
relation to mandatory suspension of licenses.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1556
268, by Senator Holland, Senate Print 15A, an
act to amend the Domestic Relations Law, in
relation to notification concerning orders of
support.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
284, by Senator Farley, Senate Print 1781, an
act to amend the Executive Law, in relation to
the designation of August 7th as Family Day, a
day of commemoration.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Duane.
1557
SENATOR DUANE: Thank you, Madam
President. I'd like to explain my vote.
THE PRESIDENT: Go ahead,
Senator.
SENATOR DUANE: Thank you.
I rise to highlight that New York
recognizes all families -- same-gender
families, single-parent families, parents
where moms and dads parent foster children,
and children and adults whose families are
those who are cared for in our state
facilities -- and to reiterate that New York
highlights all of its families.
Thank you, Madam President. I'm
voting aye.
THE PRESIDENT: You will be
recorded, Senator, as voting in the
affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
311, by Senator Saland, Senate Print 2752, an
1558
act to authorize the city school district of
the City of Poughkeepsie to file data.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
317, by Senator Wright, Senate Print 2589, an
act to amend the Vehicle and Traffic Law, in
relation to exempting certain ATVs from
registration requirements.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
320, by Senator Marcellino, Senate Print 3170,
an act to amend the Vehicle and Traffic Law,
in relation to aggravated unlicensed
operation.
1559
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
344, by Senator Leibell -
SENATOR PATERSON: Lay it aside.
THE SECRETARY: -- Senate Print
3877, an act to amend the Retirement and
Social Security Law.
THE PRESIDENT: The bill is laid
aside.
Senator, that completes the reading
of the non-controversial calendar.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time have the controversial
reading of the calendar.
THE PRESIDENT: The Secretary
1560
will read.
THE SECRETARY: Calendar Number
317, by Senator Wright, Senate Print 2589, an
act to amend the Vehicle and Traffic Law, in
relation to exempting certain ATVs from
registration requirements.
SENATOR LACHMAN: Explanation.
THE PRESIDENT: Senator Wright,
an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
This bill conforms provisions of
law for all-terrain vehicles consistent with
the same provisions that are provided
snowmobiles.
THE PRESIDENT: Read the last
section.
SENATOR LACHMAN: Madam
President, will -
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN: Will the
distinguished Senator yield for a couple of
questions?
THE PRESIDENT: Senator, will you
yield?
1561
SENATOR WRIGHT: Certainly,
Senator.
THE PRESIDENT: Go ahead, Senator
Lachman.
SENATOR LACHMAN: From an urban
farmer to a rural farmer, I have one or two
questions.
What is the cost of registering an
ATV?
SENATOR WRIGHT: I don't know the
answer at the current rates.
SENATOR LACHMAN: The way I read
the bill, could this apply to the
nonregistered use for nonfarming situations as
long as it meets the broad criteria you set in
the bill?
SENATOR WRIGHT: There would -
SENATOR LACHMAN: What I'm really
asking is, couldn't the bill be tightened and
made narrower so the focus would be
exclusively on agricultural vehicles? Because
it could be interpreted to be beyond that.
SENATOR WRIGHT: Well, it
certainly could be. And that would be subject
to some judicial review of the intent. The
1562
language at this point, we felt, conforms with
the language that is made available for
snowmobile exemptions. The utilization is
very comparable. And we've had no difficulty
with the snowmobile exemptions.
SENATOR LACHMAN: Madam
President.
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN: Would the
Senator continue to yield?
SENATOR WRIGHT: Certainly.
THE PRESIDENT: Senator, do you
yield -
SENATOR LACHMAN: Would the
exemption or could the exemption apply to AT
vehicles that happen to be on the premises of
summer camps rather than farms?
SENATOR WRIGHT: Well, it talks
about property owned by the owner of the ATV.
So if the owner of the ATV owned that
property, that's certainly a potential.
SENATOR LACHMAN: That is, there
is a possibility, then, that this could be
extended to other areas rather than
agricultural settlements or farms?
1563
SENATOR WRIGHT: There's
certainly that potential, yes.
SENATOR LACHMAN: Okay, thank
you.
THE PRESIDENT: Read the last
section.
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
Would the Senator yield to one
other question?
THE PRESIDENT: Senator, do you
yield?
SENATOR WRIGHT: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Dollinger.
SENATOR DOLLINGER: The -- I
think Senator Lachman touched on it. Is there
any loss of revenue through not requiring the
registration? And if so, how much is it?
SENATOR WRIGHT: Since I didn't
know the amount of the registration and I
don't know the number of vehicles that are
registered that would not be registered, I
1564
haven't done the math.
But obviously, if you're not
collecting the registration fee, there would
some mild loss of revenue.
SENATOR DOLLINGER: Again through
you, Madam President.
THE PRESIDENT: Thank you,
Senator.
SENATOR DOLLINGER: And again,
I'm always, as a trial attorney, advised never
to ask a question you don't know the answer
to. But I don't know the answer to this.
Is the sales tax due at the time of
registration or proof of the payment of the
sales tax on this transaction, on the purchase
of one of these vehicles?
SENATOR WRIGHT: Like you,
Senator, I don't know the answer to that
question. Therefore, I didn't ask it.
(Laughter.)
SENATOR DOLLINGER: Thank you.
Madam President, I'll just -- I'm
going to vote against this because I don't
know what the cost is, both in the lost
registration and the potential loss of sales
1565
tax.
It also seems to me that -- I have
some difficulty believing there's a hardship.
Usually the registration fee is 20 or 25
dollars, at most. ATVs cost several thousand
dollars. And to buy one and then claim that
there's a hardship because you have to
register it for twenty dollars -- I appreciate
Senator Wright's perspective, but that doesn't
quite ring true to me.
So I'll be voting in the negative.
THE PRESIDENT: Read the last
section.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
I just, through you, Madam
President, would like to make a request of the
sponsor.
THE PRESIDENT: Go ahead,
Senator. You're on the bill, then?
SENATOR DUANE: Just -- I'm
intrigued by my colleague's questions on the
bill, and I was hoping that the sponsor
would -- maybe if you could provide us with
1566
the information that was asked about in the
debate. To our offices, if you wouldn't mind.
THE PRESIDENT: Senator, are you
yielding to his question, request?
SENATOR WRIGHT: If -- I'm trying
to ascertain once again what the Senator's
question is. So perhaps -- I will yield if he
would phrase it in the form of a question.
SENATOR DUANE: If the tax is
paid at the time of registration, how much
revenue we're talking about. If the
vehicles -- what other areas could the
vehicles be driven on in addition to
agricultural areas?
SENATOR WRIGHT: I believe I've
responded, to the best of my ability, to those
questions when they were asked at the time.
And therefore, repeating the same response is
really not productive.
SENATOR DUANE: Madam President,
through you.
I was hoping that you could provide
us, though, with that information after our
meeting at some point.
SENATOR WRIGHT: I would be glad
1567
to provide you with the number and name of
Taxation and Finance, and I'm sure they can
provide that necessary information.
SENATOR DUANE: Madam President,
not quite the answer I was expecting. But I
guess that will do for now.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator
Dollinger, do you wish to be recognized?
SENATOR DOLLINGER: Just voting
no.
THE SECRETARY: Those recorded in
the negative on Calendar Number 317 are
Senators Dollinger, Duane, and Lachman.
Ayes, 50. Nays, 3.
THE PRESIDENT: The bill is
passed.
SENATOR MONTGOMERY: Madam
President.
THE PRESIDENT: Senator
1568
Montgomery.
SENATOR MONTGOMERY: Yes, thank
you.
I would like to have unanimous
consent to be recorded in the negative on
Calendar 99.
THE PRESIDENT: Without
objection, you will be recorded as voting in
the negative on Calendar 99.
The Secretary will announce the
results.
The Secretary will read.
THE SECRETARY: Calendar Number
344, by Senator Leibell, Senate Print 3877, an
act to amend the Retirement and Social
Security Law, in relation to benefits.
SENATOR WALDON: Explanation,
please.
THE PRESIDENT: An explanation
has been requested.
SENATOR LEIBELL: Thank you,
Madam President.
This legislation will provide a
presumption that correction officers who
suffer an impairment of their health due to
1569
heart disease, which results in a total or
partial disability or death of the member,
that such heart disease is related to the
employment of such member.
Similarly, for hospital -- security
hospital treatment assistants with the Office
of Mental Health who suffer an impairment of
their health due to heart disease, resulting
in total or partial disability or death of a
member, such heart disease is related to the
employment of such member by presumption.
It will also require that -- state
correction officers and security hospital
treatment assistants to have successfully
passed a physical exam prior to entry into
service. These physical exams must have
failed to disclose evidence of heart disease.
The other night, many of us had the
opportunity to be at a function sponsored by
Council 82. And at that time, the Governor
was there, and he addressed the issue of being
a correction officer in New York State and how
it is one of the most difficult and tense jobs
in the state of New York and possibly in the
country.
1570
This is -- this legislation,
Senator, is a reflection as to the difficulty
these positions impose on those who exercise
them.
SENATOR WALDON: Would the
gentleman -
THE PRESIDENT: Thank you,
Senator Leibell.
Senator Waldon?
SENATOR WALDON: Would the
learned gentleman from Westchester County who
represents Theodora Jackson and Bailey
Jackson, two of my closest friends, yield to a
question or two?
THE PRESIDENT: Senator Leibell,
will you yield to a question?
SENATOR LEIBELL: Yes. Yes.
THE PRESIDENT: Go ahead, Senator
Waldon.
SENATOR WALDON: Senator, from
your characterization, the stresses inherent
in this bill, which would allow it to activate
itself regarding a particular correction
officer or other similar employee, are not
dissimilar from those facing the police across
1571
this state in regard to the construction of
the Heart Bill as it speaks to police
officers. Is that fairly accurate?
SENATOR LEIBELL: I think that's
correct. This is a -- both positions are very
difficult positions, often characterized as
young people's positions because they are
physically difficult.
And this legislation is reflecting
that this, similar to a police officer's, is a
very difficult position.
SENATOR WALDON: Madam President,
would the gentleman yield to another question
or two?
THE PRESIDENT: Senator Leibell,
do you continue to yield?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Waldon.
SENATOR WALDON: Senator, would
you please correct me if I'm wrong? It is my
understanding that correction officers are
sometimes required to work double shifts, are
sometimes required to work holidays, are
1572
sometimes required to work around the clock -
meaning 4:00 to 12:00s at one time, 12:00 to
8:00s at another time, 8:00 to 4:00s at
another time -- and are often required to
shift from location to location as the
dictates of the Department of Correctional
Services requires. Is that fairly accurate?
SENATOR LEIBELL: Senator, I
certainly couldn't give you specifics. And I
certainly try on a yearly basis to visit
correctional facilities within my own district
and nearby, of which there are many.
But without question, they work
long hours, difficult hours, holidays, and
sometimes are required to shift from facility
to facility.
SENATOR WALDON: If I may, Madam
President, through you, another question or
two.
THE PRESIDENT: Senator Leibell,
would you continue to yield?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Waldon.
1573
SENATOR WALDON: Thank you, Madam
President.
Senator, the thing that fascinates
me about the similarity of what you're
proposing for our consideration, and the
police force, is the type of stress that I
believe the correction officer faces.
He's often using the singular to
replicate or reflect the collective. The
correction officer, he or she is often
required to get in the middle of fights
between inmates, is often required to respond
to inmates who are in the throes of very dire
illnesses, who are often required to take
people down when they have actually hung
themselves or injured themselves, which are
all stress-ridden and stress-initiating
activities.
Is it your experience that this is
true, that these kinds of things happen within
the walls of our prisons?
SENATOR LEIBELL: Without
question, Senator. For those of us who have
visited such facilities -- and for us that's
only a matter of an hour or two hours that
1574
we're there -- from the time you hear that
large metal door clang and you're in there and
speaking with the men and women who work on
behalf of this state within those facilities,
you have to, in a very small way, share some
degree of the tension and stress that is
involved in their job.
As you walk down, whether it's in
Green Haven, in my district -- you walk these
facilities, these young men and women who are
the COs there never know from one minute to
the next when they will face an assault,
knowing similarly that their families are
worried about their well-being throughout any
given day that they are on the job.
SENATOR WALDON: Last question,
Mr. -- oh, Mr. President. Last question. If
the gentleman would yield.
ACTING PRESIDENT KUHL: Glad you
noticed. Glad you noticed.
Senator Leibell, do you continue to
yield?
SENATOR LEIBELL: Yes, Mr.
President.
SENATOR WALDON: Earlier, Senator
1575
Leibell -- and I appreciate your patience in
responding to these questions -- you mentioned
the physical, the prehire physical.
I would assume that that physical
is similar to the one taken by members of the
New York City Police Department, it's
comprehensive, it tests everything which is
testable to ensure that the person is in the
best physical condition to take on the
rigorous job of being employed in a
correctional facility, and that includes a
thorough examination of the person's heart.
Is that fairly accurate?
SENATOR LEIBELL: I think that's
very accurate. I believe that the physical
examination they receive would be a most
thorough one.
SENATOR WALDON: Okay. Thank you
very much, Senator.
Mr. President, if I may, on the
bill.
ACTING PRESIDENT KUHL: Senator
Waldon on the bill.
SENATOR WALDON: Many years ago,
in the Assembly, I was very instrumental in
1576
having the Heart Bill passed for members of
the New York City Police Department. And I
did that simply because having been there and
having a personal awareness of the stresses
faced by police officers, I thought it
extremely important for us to ensure that the
families of police officers would not be left
in the lurch if as a result of a
tension-filled job they should be injured by a
heart attack or in fact die and leave their
families, so to speak, in the lurch. And so I
worked very vigorously in regard to creating
that bill. I'm very proud to have done so.
I'm glad that the Senator, Senator
Leibell, the learned gentleman from
Westchester County, has brought a similar bill
for our consideration. No less stress-filled
is the job of those who serve in the
Department of Correctional Services for the
State of New York. And therefore it is my
opinion, after your explanation and my
personal examination, that they should be no
less provided for.
So I encourage all of my colleagues
to vote up on this bill and to ensure that not
1577
only the correction officers but their
families will be made whole in terms of the
stresses which they experience each day in
their job situation if they should succumb to
a heart attack.
Thank you very much, Mr. President.
Thank you, Senator.
ACTING PRESIDENT KUHL: Senator
Nozzolio, on the bill.
SENATOR NOZZOLIO: Thank you,
Mr. President. On the bill.
Mr. President and my colleagues, I
rise in support of this measure and to
congratulate Senator Leibell for his
leadership in bringing this measure to the
forefront. I know that he has worked very
hard on this measure, a measure that, along
with Senator Bonacic, have been pushing
through the Legislature to ensure that we have
equity among our law enforcement officials.
And the law enforcement officials
too often overlooked are those brave men and
women who are serving in our state prisons as
correction officers. Correction officers, as
was indicated, is extremely stressful. It's
1578
one of the most stressful jobs in America
today.
Our job in this Legislature is to
make the job less stressful. But until we can
achieve that result, we need to protect and to
provide as much honor and dignity and
compensation and support for those correction
officers as we possibly can.
This bill goes a long way in
recognizing correction officer importance.
And that again, I believe it's something that
is long overdue, and I congratulate the
sponsors for bringing this measure before us
today.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Secretary, read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negative, and announce the results.
1579
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Veterans Committee at the desk. I ask that it
be read.
ACTING PRESIDENT KUHL: To return
to the order of reports of standing
committees, there is a report from the
Veterans Committee. I'll ask the Secretary to
read.
THE SECRETARY: Senator Meier,
from the Committee on Veterans and Military
Affairs, reports:
Senate Print 1479, by Senator
Wright, an act to amend the Real Property Tax
Law, and Senate Print 4052, with amendments,
by Senator Meier, an act to amend Chapter 435
of the laws of 1997.
Both bills ordered direct to third
1580
reading.
ACTING PRESIDENT KUHL: The bills
are ordered directly to third reading.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: With unanimous
consent, would you please recognize Senator
Padavan for a statement?
ACTING PRESIDENT KUHL: Senator
Padavan.
SENATOR PADAVAN: Thank you,
Mr. President.
I believe it would be most
appropriate at this time if we would take a
few moments to reflect upon the events of the
past 24 hours. I'm sure and confident that I
express the views and sentiments of this body
in saying very directly, loudly, clearly that
our thoughts and our prayers are with the
servicemen and women who are participating in
the NATO air strikes and military activities
in the Balkans, as well as their families.
At this moment, perhaps as we
speak, thousands of men and women born and
1581
bred in this great state and across this great
nation have willingly placed themselves in
harm's way for no greater purpose than service
to this great nation and to achieve stability
in Europe, as they do in many other parts of
the world.
I think we might also consider that
our nation's military stand ready and willing
at any time to go anywhere when called upon by
our Commander-in-Chief, and in so doing risk
their lives and pay a great price.
I believe that we should not allow
anyone to make any mistake in assuming that
while we are of different political thoughts
and views, we are completely united and
wholeheartedly support our American
servicemen. And we pray, as we -
particularly as we head into this most holiest
of seasons in the Judeo-Christian faith, we
pray for their safe return.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Larkin.
SENATOR LARKIN: Thank you,
Mr. President.
1582
I'd like to join with Senator
Padavan. You know, in the last 48 hours we've
seen on our TV and listened on the radio and
the paper about possible strikes and the
strikes that are coming. And too often we
forget the reality of war, those who have
never been in it, that there are casualties to
come. And many of these casualties will be
young men and women who serve their nation and
are very proud of it.
But the bickering back and forth of
whether we should or we shouldn't should take
a back step and recognize the fact that these
are young American men and women who are being
sent there by our President. It's very
trying, anyone who's ever taken troops into
combat, because you're not worrying about
yourself, you're also worrying about those men
and women. And you're worrying about their
people back home -- their families, their
loved ones, their children, their wife and
mother, father.
And I think that we ought to take a
moment and reflect over the next few days what
it would mean to us, and make sure that we
1583
don't get into debates about whether we should
or shouldn't do it. It's done, they are
there, and they need our prayers.
And just remember that we're into
this. My biggest question is, how do we get
out? I hope we don't have another Vietnam.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President,
would you please recognize Senator Meier for
an amendment?
ACTING PRESIDENT KUHL: I'll ask
the Secretary to read the title of Calendar
Number 429.
THE SECRETARY: Calendar Number
429, Budget Bill, Senate Print 4079A, an act
to amend Chapters 50, 53, and 54 of the laws
of 1998.
ACTING PRESIDENT KUHL: The bill
is before the house.
The chair recognizes Senator Meier
for purposes of amendment.
SENATOR MEIER: Thank you,
Mr. President.
I offer the following amendments to
1584
Calendar Number 429, Senate Print Number
4079A, and ask that said bill retain its place
on the Third Reading Calendar.
ACTING PRESIDENT KUHL:
Amendments received and adopted. The bill
will be laid aside.
Senator Marchi, did you wish to be
recognized?
SENATOR MARCHI: Mr. President,
if there are no objections, I realize
Senator -
ACTING PRESIDENT KUHL: Senator
Marchi is speaking. The chair recognizes
Senator Marchi.
SENATOR MARCHI: -- Padavan and
Senator Larkin have placed a statement I think
which expresses the concerns and the support
of this house.
It should be pointed out that each
and every member of our armed forces are
volunteers, this is a voluntary service.
That we hope, because of the
statements made by -- on a bipartisan basis in
Washington by both the Speaker and people like
Senator Warner, that this is based on solid
1585
evidence.
That calls our attention to
circumstances that grew out of the same
fractious nature of troublesome events in
Yugoslavia many years ago that gave rise to
World War I -- the danger of that war
spreading to Macedonia and into Greece, with
the feelings that are current between Greece
and Turkey, the feelings of the Russians.
The fact that this distance is very
minimal. Even Italy itself is like -- is not
any further away from the center of activity
than Washington is from New York. And
airports on the Adriatic front have been -
the sea coast, have been closed down, for
obvious reasons.
We can't second-guess. The
President pledges that we are not going to use
ground troops. And decisions will be made
pending an evaluation of the events that take
place after the intervention of our armed
forces and those nations that are allied -
and there are 18 of them, I believe -- into
that area.
And hopefully I -- and I know that
1586
we have Senator Padavan and Senator Larkin to
thank, that this is something that calls for
the united support of the American people at
this juncture.
And hopefully that it will bear
fruit and induce a greater sensitivity and
propensity to seek peaceful resolutions of
these difficulties.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President,
Calendar Number 429 has been distributed.
We're just waiting for the message at this
point.
ACTING PRESIDENT KUHL: Like to
stand at ease, then, Senator?
SENATOR SKELOS: While we're
waiting for the message, I'd just like to
remind my colleagues in the Majority that
there will be a conference following session.
If we don't get the message soon, there may be
a conference before the end of session.
(Pause.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT KUHL: Senator
1587
Skelos.
SENATOR SKELOS: Would you please
call up Calendar Number 429, Senate 4079B.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
429, Budget Bill, Senate Print 4079B, an act
to amend Chapters 50, 53, and 54 of the laws
of 1998.
SENATOR SKELOS: Mr. President -
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: -- is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: The
message has arrived, Senator.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 429.
All those in favor, signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
1588
(No response.)
ACTING PRESIDENT KUHL: Message
accepted. The bill is before the house.
The Secretary will read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Senator
Dollinger, to explain your vote.
SENATOR DOLLINGER: To explain my
vote, Mr. President.
I note that there is money in here
for education and teacher centers and other
things, in addition to some Medicaid money. I
hope that part of what happens to this money
is that it's used for a remedial reading
experience down on the second floor,
Mr. President. Because they published a
budget, read the budget, and vetoed things out
of the budget which was in their budget, and
then, lo and behold, after apparently someone
saying "We made a mistake. We didn't read our
1589
budget right," the Governor of this state
said, "Without appropriation and authority
from this Legislature, I'm going to spend all
this money."
So my hope is that some of this
education money will go to remedial reading on
the second floor.
And then the other thing that I
hope happens with the Medicaid money is I hope
it goes to eyeglasses for the same people in
the Division of the Budget, the people who saw
appropriations in the budget that were for
good things like student assistance and for
additional education money -- that they'll use
that Medicaid money next time around to buy
glasses so that they'll read this budget more
carefully and be able to see what it says.
My hope is that both that Medicaid
money, that education money, some portion of
it will go down to the second floor, and we
won't have this constitutional question of
whether a governor in this state can spend
money out of the General Fund without
appropriation authority from this Legislature.
Which is exactly what happened.
1590
I think my colleague, Senator
Stachowski, said, well, that we're setting a
new precedent for Republican governors.
Someday maybe someone else is in that office,
I wonder what will happen when this body finds
out that someone is spending money without
their authority.
I thought that's what we were here
to do. I guess I was wrong, I guess I was
mistaken. Maybe part of that education money
ought to come to me so that I can get better
educated on how the state works.
I'm going to vote in favor of this,
but my real hope is that someone on the second
floor will get the benefit of this and maybe
change their old ways.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Dollinger will be recorded in the affirmative.
Senator Stachowski, to explain his
vote.
SENATOR STACHOWSKI: Just briefly
to explain my vote.
I just wanted to point out also
that we're glad to see that community college
1591
piece in here. And as Senator Dollinger
quoted me on it, I did point out that money
has already been going out for that aid, and
that the Governor had vetoed it out and then
announced that he was going to give it anyway.
And some of us were troubled about how he did
that.
And at least here it's in a
deficit -- deficiency package, and we're glad
to see it here. But the precedent's already
set. So that someday in the future, if the
governor happens to be from the other house,
well, then you'll get your chance when a
deficiency budget comes to finally okay it,
but he'll be spending what he wants to spend
in between, even though he vetoed it out of
the budget, which I thought was really
interesting.
And I thought if I were in charge,
I would have probably addressed this a lot
sooner with a chapter amendment or something
to cover whatever he wanted to spend after he
realized that he had vetoed things out by
mistake. And those mistakes being community
colleges and women's breast cancer, that was
1592
vetoed even though his wife was a
spokesperson, and none of us would want to
veto something like that. And then he spent
that money also.
And I just hope that this year when
we go through this process, and we are going
to be trying to work together on this, that
hopefully "together" means everybody,
including DOB and the Governor, and that
when -- before he vetoes something, he's sure
that it is exactly what he wants to veto and
not put out 1300 veto messages and then decide
a bunch of them were a mistake and
subsequently pay for that anyway.
I vote aye. Thank you.
ACTING PRESIDENT KUHL: Senator
Stachowski will be recorded in the
affirmative.
Senator Marchi, to explain his
vote.
SENATOR MARCHI: I just wanted to
point out, in a deficiency budget the exact
and precise determination sometimes is varied
by circumstances that are beyond the vision or
the knowledge or anticipated expectations at
1593
the time.
I remember when we had, in the
mid-'70s, the crisis and the dramatic increase
in fuel prices, and suddenly we would have had
buildings and hospitals and other
institutional settings run freezing, simply
because the cost of fuel had risen so
dramatically.
They can be addressed, of course,
in special messages and other appeals before
the fact, as some have mentioned.
But those minuscule adjustments
that have to be made in the light of
unanticipated changes -- indeed we ought to be
available, where reason and logic and sanity
prevails, to make those adjustments so that we
reflect the basic objectives that were
attempted in the original appropriations.
ACTING PRESIDENT KUHL: Senator
Marchi will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
1594
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT KUHL: No, the
desk is clean, Senator Skelos.
SENATOR SKELOS: Just a reminder
that there will be a conference of the
Majority immediately following session.
And there being no further
business, I move we adjourn until Monday,
March 29th, at 3:00 p.m., intervening days
being legislative days.
ACTING PRESIDENT KUHL: Without
objection, the Senate stands adjourned until
Monday, March 29th, 3:00 p.m., intervening
days to be legislative days.
(Whereupon, at 11:57 a.m., the
Senate adjourned.)