Regular Session - June 7, 1999
3867
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 7, 1999
3:05 p.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 recite with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us today to
give us the invocation is the Reverend Peter
G. Young, the pastor of Blessed Sacrament
Church in Bolton Landing.
REVEREND YOUNG: Let us pray.
Dear Lord, we ask for Your presence and
blessings on our time together today in this
chamber. We have come to express our concerns
about the welfare of our community, to learn
from each other, to grow in spirit and in
character, to find Your way for our lives and
neighbors.
We thank You for the opportunity in
this country to assemble ourselves at any
time, at any place to discuss our concerns as
citizens. We are mindful that many in this
world do not enjoy such freedom.
Grant us the wisdom to carry out
3869
your decisions within Your will. Bless us as
we continue to conduct our business with
dignity and sensitivity. We pray too today
for our dear friend John Daly who served in
the Assembly and in the Senate for 22 years in
the most dedicated commitment to the people of
New York State.
His accomplishments as recorded in
the resolution will not mention his charity,
his love, his kindness to all and his friendly
smile. These human qualities, Oh God, will be
the things that bring John to the reward of
eternity that You have promised to people who
do Your will in loving one another.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate, Sunday
June 6th, the Senate met pursuant to
adjournment. The Journal of Saturday, June
5th was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without object
the journal standards approved as read.
Presentation of petitions.
3870
Messages from the Assembly.
Message from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
There are a lot of motions here.
On behalf of Senator Rath, I wish to call up
her bill, Calendar 860, Assembly Print Number
1474.
THE PRESIDENT: The Secretary
will call the calendar on reconsideration.
THE SECRETARY: Calendar Number
860, by Member of the Assembly Tokasz,
Assembly Print 1474, an act to amend the State
Administrative Procedure Act.
SENATOR FARLEY: I now move to
reconsider the vote which this Assembly Bill
was substituted for Senator Rath's bill,
Senate Print Number 188 on 5/5.
THE PRESIDENT: The Secretary
3871
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 44.
SENATOR FARLEY: I now move that
the Assembly Bill 1474 be committed to the
Committee on Rules and Senator Rath's Senate
Bill be restored to the order of Third Reading
Calendar.
THE PRESIDENT: So ordered.
SENATOR FARLEY: Madam President,
I now offer the following amendments to that.
Madam President, on behalf the
Senator Skelos I wish to strike the enacting
clause and move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause for Senate Number 2265,
3428 and 1021.
THE PRESIDENT: So ordered and
the enacting clauses will be stricken.
SENATOR FARLEY: On behalf of
Senator Larkin, Madam President, I wish to
call up Print Number 3035, which was recalled
from the Assembly which is now at the desk.
THE PRESIDENT: The Secretary
3872
will read.
THE SECRETARY: Calendar Number
451, by Senator Larkin, Senate Print 3035, an
act to amend the General Municipal Law.
SENATOR FARLEY: I now move to
reconsider the vote by which this bill passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 44.
SENATOR FARLEY: I now offer the
following amendments. On behalf of Senator
Marcellino, Madam President, I wish to call up
his bill, Senate Print 1127, recalled from the
Assembly which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
408, by Senate Marcellino, Senate Print 1127,
an act to amend the Criminal Procedure Law.
SENATOR FARLEY: I now move to
reconsider the vote by which this bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
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(The Secretary called the roll.)
THE SECRETARY: Aye 44.
SENATOR FARLEY: Madam President,
I now offer the following amendments.
THE PRESIDENT: Amendments
received.
SENATOR FARLEY: Also on behalf
of Senator Larkin, I wish to call up his bill,
Senate Print 4625, recalled from the Assembly
which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
728, by Senator Larkin, Senate Print 4625, an
act to amend the General Municipal Law.
SENATOR FARLEY: I now move to
reconsider the vote by which this bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 44.
SENATOR FARLEY: I now offer the
following amendments.
THE PRESIDENT: Amendments
3874
received.
SENATOR FARLEY: Madam President,
I wish to call up Senator Leibell's bill,
Print Number 5093, which was recalled from the
Assembly and is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
814, by Senator Leibell, Senate Print 5093, an
act to amend the Retirement and Social
Security Law.
SENATOR FARLEY: I now move to
reconsider the vote by which this bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 44.
SENATOR FARLEY: I now offer the
following amendments.
THE PRESIDENT: The amendments
are received, Senator.
Senator McGee.
SENATOR McGEE: Madam President,
amendments are offered to the following Third
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Reading Calendar bills:
On behalf of Senator Balboni, page
41, Calendar Number 914, Senate Print 4664.
On behalf Senator Volker, page
number 37, Calendar Number 846, Senate Print
4719-A;
On behalf Senator Marcellino, page
number 32, Calendar Number 795, Senate Print
1326-B;
On behalf Senator Trunzo, page 31,
Calendar Number 772, Senate Print 4408;
On behalf of Senator Seward, page
number 25, Calendar Number 660, Senate Print
4381-A;
On behalf of Senator Rath, page
number 24, Calendar Number 633, Senate Print
4436-A;
On behalf of Senator Padavan, page
number 5, Calendar Number 92, Senate Print
1060;
On behalf Senator Padavan, page
number 5, Calendar Number 64, Senate Number
1182;
On behalf of Senator Trunzo, page
40, Calendar Number 893, Senate Print 4487;
3876
On behalf Senator Rath, page number
41, Calendar Number 899, Senate Print 1367.
On behalf Senator Hannon, page
number 45, Calendar Number 956, Senate Print
4869;
On behalf of Senator Meier, page
number 54, Calendar Number 1102, Senate Print
2825.
Madam President I now move that
these bill retain their place on the Order of
Third Reading.
THE PRESIDENT: The amendments
are received and the bills will retain their
place on the Third Reading Calendar.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: Thank you,
Senator McGee.
Senator Libous.
SENATOR LIBOUS: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
SENATOR LIBOUS: I feel that
Senator McGee left me out, so could you please
place a sponsor star on Calendar Number 1075
3877
for me today?
THE PRESIDENT: So ordered,
Senator Libous.
Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President.
THE PRESIDENT: Your welcome.
SENATOR HEVESI: On page number I
offer the following amendments to Calendar
Number 841, Senate Print 1990, and ask that
said bill retain its place on Third Reading
Calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar, Senator Hevesi.
SENATOR HEVESI: Thank you.
THE PRESIDENT: Your welcome.
Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President.
On behalf of Senator Montgomery, I
turn your attention to page 54, and offer the
following amendments to Calendar Number 1097,
and ask that it retain its place on the Third
Reading Calendar.
3878
THE PRESIDENT: The amendment is
received and the bill will retain its place on
Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
there is a privileged resolution at the desk
by Senator Stachowski. May we please have it
read in its entirety and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Stachowski, Legislative Resolution 1705,
honoring the life and accomplishments of
Albert J. Hausbeck, former member of the New
York Assembly.
Whereas, it is the custom of this
assembled body to mourn publicly the death of
prominent citizens of the State of New York
whose life work and civic endeavor served to
enhance the reputation of the State; and
Whereas, Albert J. Hausbeck
distinguished himself by his sincere
dedication and substantial contribution to the
welfare of his community. Albert J.
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Hausbeck's spirit of humanity, of devotion to
the good of all carried over into all fields
of enterprise, including charitable and
philanthropic work. Albert J. Hausbeck, 85,
of Cheektowaga, a former State Assemblyman,
died Tuesday, March 30, 1999, in Sister's
Hospital after a three month illness. Until
he became ill he was working part-time for the
Erie County nutritional program calling on
senior centers throughout the county; and
Whereas, "He was always working or
doing a project," his wife of 59 years, the
former Rita Ross said. Born in Buffalo, he
was a graduate of Masten Park High School.
The represented the 144th Assembly District
from 1960 to 1974. Albert J. Hausbeck often
was prone to remind listeners that he had
sponsored 81 bills that became State law
during his tenure. He would say he was proud
of his successful work to make Buffalo's board
of education an elected body rather than an
appointed one. During his tenure as an
Assemblyman he lived in Buffalo. After he
left the Albany post he was appointed to the
board of the Western Regional Off Track
3880
Betting Corporation in 1978; and
Whereas, Albert J. Hausbeck had a
varied business career; he was general manager
and vice president of Central Park Plaza; he
was a grocery store manager and merchandise
manager for Statler's Department Store, head
buyer for the Flickinger chain stores and an
agent for a building contractor. Before he
was elected to the Assembly he was supervisor
of recreation for the elderly for the City of
Buffalo and was a strong force for the opening
of the City's first four centers for the
elderly. Prior to that he had been a railroad
employee. He proudly continued his membership
in the Local 668 of the Brotherhood of
Locomotive Firemen and Engineers. He also
belonged to the Association of State, County
and Municipal Employees, Local 264. In recent
years he was an active member of the German
American Federation and served on it board;
and
Whereas, in addition to his wife he
is survived by a daughter, Patricia A.
Schreier of Buffalo; a son, Joseph J. of
Williamsville; a sister, Fayrda Fredriksen of
3881
Santa Ana, California; and five grandchildren;
now therefore be it
Resolved that this Legislative Body
pause it its deliberations to honor the life
and accomplishments of Albert J. Hausbeck,
former member of the New York State Assembly;
and be it further
Resolved that a copy of this
Resolution, suitably engrossed, be transmitted
to his wife, Rita Hausbeck.
THE PRESIDENT: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, I would just like to rise to say a
few words about Mr. Hausbeck besides obviously
his accomplishments that were mentioned in the
resolution I think most of us that got to know
Al in the Buffalo area were just happier that
we were his friend.
He was a wonderful man. He did a
lot of great things as was read in the
resolution as a official and even in his
retirement he stayed active in the political
process as an active member of the
Conservative Party. And it wouldn't be
3882
unusual when Conservatives came up that we
would come out of the chamber and there would
be Al waiting to talk to the western New
Yorkers.
He was an active man. He
accomplished a lot of great things and I think
for that reason I am very proud to have
sponsored this resolution and I open it up to
anybody on floor that wants to be a cosponsor
and I would just like to point out that Mr.
Hausbeck's family is in the gallery and I am
glad that we had this opportunity to honor him
publicly on the floor with them present to
hear it.
Thank you.
THE PRESIDENT: Senator Maltese.
SENATOR MALTESE: Madam
President, Al Hausbeck was a good and close
friend. I think the fact that he was active
until the very last when this long illness
ultimately took his life says something about
him and his feeling for the community and his
feeling for western New York and the State of
New York.
I think too all of us in this
3883
chamber should think of the fact that the
years he served, 1960 to 1974, those 14 years
were tumultuous years in the life of the
State, and the fact that he personally had
been the prime sponsor of 81 laws says
something about Al and Western New York and
the Legislature.
Al was, I suppose, and I say this
as an attorney, part of a dying breed. Al was
a business man. Al was a union member, as the
resolution had indicated. He was very proud
of being a union member and a railroad worker,
but he was just as proud of having a
background in community affairs and working
with the elderly and owning a business and a
store.
He was, as I say, part of dying
breed in that he was a business man. He
brought to the Legislature and to the Assembly
that -- those varied influences, the
background and experience that sometimes many
of us who are attorneys do not bring.
Al remained active to the end as
was indicated, but more than that, party did
not mean that much to Al. I think what was
3884
important to him was ideology. What was
important to him was principal. He worked
with Republicans, Democrats and Conservatives
and the State of New York is poorer for his
loss.
I second the resolution, Madam
President.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Madam President,
it is a little hard to -- today is kind of
tough with resolutions for both Al and for
John.
I served with Albert Hausbeck in
the Assembly from 1972 to 1974. Ironically I
knew him long before that in part because he
served with my father in the Assembly before
me and Albert always reminded me of that and
kind of I guess took me under his wing a
little bit when I came to the Assembly because
I think he felt a little bit responsible for
me since he knew my father so well.
Albert Hausbeck was one of the most
interesting men I believe I have ever met. He
is a typical, I think, product of Buffalo
politics and yet atypical in another way.
3885
Everybody should understand, Buffalo politics
was dominated from about 1910 to about 1940 by
Germans. It was virtually all German
dominated politics and Albert Hausbeck's
relatives were involved. My grandfather who
was treasurer of the City of Buffalo, who by
the way never lived in Buffalo, always lived
in Lancaster, but was still treasurer of the
City of Buffalo for a number of years, was
part of that group. But Albert was one of the
people who was one of the real doers that got
involved in the community in every aspect.
The only person I know that in this order was
Liberal, Democrat, Republican and
Conservative. I am talking about party
membership. A super gentleman. Somebody you
could always rely on to tell you exactly what
the truth was and somebody who frankly I had
the most admiration for throughout my whole
life and who helped me on many, many occasions
when I needed help either with campaigns or
with things that were going on in the
community.
I will deeply miss him. He passed
away by the way, just after John Daly passed
3886
away and even though we had already printed
the calendars as you know for the memorial
service, we mentioned him in that memorial
service and as is traditional we will mention
him again next year because he wasn't part of
the printed program, and actually died during
the 1999 year.
Many people don't know about the
memorial service outside the Legislature but
it is something that has become a tradition
and I mention that to the family because next
year he will be once again remembered when we
have the memorial service in May of next year.
To his family who I know very well,
let me say to you we'll all miss him, those of
us who knew him so well. He was an intricate
part of Buffalo and western New York State and
his legacy will live on and we know that right
now he is looking down on us and probably
wearing German apparel and dancing and
watching us and we wish you the very best the
family also and God bless you.
THE PRESIDENT: Senator Rath.
SENATOR RATH: Thank you, Madam
President.
3887
THE PRESIDENT: Your welcome.
SENATOR RATH: On behalf of the
Federation of Societies that has not carried a
lot of strength since a long time ago in the
annals of the New York State Senate and the
Assembly, the German American Federation of
which Dale Volker's father was a charter
member and my father-in-law, and Al Hausbeck
were all charter members and I say that
because there is a thread of the culture of
western New York that was carried very
carefully and for a long time by Assemblyman
Hausbeck.
He was a good friend through many
years of the society meetings, as they would
be called and politically not being on one
side or another as the society attempted to
be, they gave everyone an opportunity to speak
and to participate. And some of my fondest
memories and my earliest memories of the
political activities were of Al Hausbeck
welcoming Governor Rockefeller and every other
dignitary that could be found in the
neighborhood of the next 20 or 30 miles to
German American Day and of course Assembly
3888
Hausbeck always appeared in his lederhosan and
his hat with the gomspock [phonetic].
So they are happy memories for a
happy warrior who spent a lot of time working
in the political vineyard and the government
vineyards making sure that everyone had a
chance and an opportunity to speak and to be
heard. He was a fine public servant and I
would like to add my condolences and my best
wishes to his family for the wonderful years
that Al Hausbeck spent in public service.
THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you, very
much, Madam President.
I too want to join with my
colleagues from western New York in
celebrating the life of Al Hausbeck and
offering my condolences to his family that are
with us here today.
I never served in this Legislature
with Al Hausbeck, but soon after I was elected
in 1995, one of the first calls that I
received was from the former Assembly member
and Senator Maltese was right, political
parties meant nothing to Al Hausbeck. He was
3889
just interested in good government and in
getting positive legislation, positive
legislation with a conservative bent I would
say, Senator Maltese, passed through the
Assembly and through the New York State
Senate.
I again want to join on this
resolution and offer not just my condolences
but my profound thanks to the Hausbeck family
for sharing Al with us for all these years.
Thank you, Madam President.
THE PRESIDENT: Senator Nanula.
SENATOR NANULA: Thank you, Madam
President.
THE PRESIDENT: Your welcome.
SENATOR NANULA: I too want to
rise to add input with respect to Al Hausbeck.
Like Senator Maziarz, I was not here when Al
was an Assemblyman, although like Senator
Maziarz I got to know him after becoming a
Senator and although politically we could not
have been more different in terms of our
affiliation, when it came to what was
important to western New York, what was
important to Buffalo and even to Niagara Falls
3890
and Niagara County, we certainly shared the
same interest and the same desire and the same
intent. And again to add with respect to what
everyone else has said here to Al's family,
this business of public service is just that.
It is service to the community, and often
times that services comes at the expense of
service and time and commitment to your
family. So to you, the Hausbeck family, I
want to add in in terms of saying thank you
with respect to you lending Al to the cause
and to the fight.
With that, again, my sincere
condolences and other than that, thank you.
THE PRESIDENT: Are there any
other members wishing to be heard on this
resolution?
Senator Bruno, Senator Stachowski
has asked that we open this resolution up for
full sponsorship.
SENATOR BRUNO: Madam President,
I would recommend that we do that and anyone
that would like not to be on it, please advise
the desk. Otherwise I would recommend that we
put all the members here on that resolution
3891
and thank the Senator.
While I am on my feet, can I just
say a word to the family Al Hausbeck. I was
on staff with Perry Duryea when Perry Duryea
was the Speaker of the Assembly. And Al
Hausbeck was in the Legislature at that time
and I was new in the process and Al was such a
committed dedicated individual and he always
had a good word to say for everybody and it
didn't make any difference if you were a
member, a staff person, he just related as a
gentleman, as a nice guy. And did such an
outstanding job of representing his
constituency, not just on behalf of the
constituency but within the entire Assembly.
So he was certainly a credit to his district
and to his family.
Thank you, Madam President.
THE PRESIDENT: Any member who
does not want to be a sponsor of this
resolution, please notify the desk.
The question is on the resolution.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
3892
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: I believe there
is a privileged 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.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 1717,
commending the Communities as Classrooms using
Conservation Advisory Commission Program and
Gold Award and Silver Award honorees on the
occasion of the Learn and Serve America
Reception in the Legislative Office Building
on June 8, 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
3893
adopted.
Senator Bruno.
SENATOR BRUNO: Can we recognize
Senator Mendez, Madam President?
THE PRESIDENT: Of course.
Senator Mendez.
SENATOR MENDEZ: Thank you,
Senator Bruno.
Madam President, I am most grateful
to have the opportunity to welcome the
representatives from the Children Arts and
Science Workshops, Washington Heights. And
some of the students are here with the
Executive Director Morales. They are sitting
by the gallery and these are organizations
that does a lot of work on behalf of Dominican
children in Washington Heights and I am most
happy to see them here today.
Thank you, Madam President.
THE PRESIDENT: We welcome them
to the Senate and extend them all of our
courtesies and wish them a good day.
Thank you, Senator Mendez. Senator
Bruno.
SENATOR BRUNO: Madam President,
3894
I believe we have some visitors that are
joining us in the chamber and when they get
seated we will go on with our business here in
the Senate.
Madam President, I believe that
there is a privileged resolution at the desk
by Senator Maziarz. I would ask that that
resolution be read in its entirety and then
move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Legislative
Resolution by Senators Maziarz, Bruno, Volker
and all members of the Senate, Number 1710,
honoring the memory and celebrating the life
of John B. Daly, former State Legislator and
Transportation and Public Service
Commissioner.
Whereas, this Legislative Body is
moved to recognize and pay tribute to John B.
Daly, a distinguished former colleague and
dedicated public servant who passed away on
April 3rd, 1999, at his home in Lewiston, New
York; and
Whereas, John B. Daly was widely
3895
known and highly respected as a true
statesman, recognized as a man of vigor and
determined purpose, he served the people and
the State of New York in various capacities
for nearly four decades; and
Whereas born the son of Irish
immigrants in the Woodside area of Queens in
New York City on April 29, 1929, John Daly was
a graduate of Fordham University and also took
graduate courses at the University of Iowa and
Harvard Business School. John Daly served in
the United States Army during the Korean War.
Upon his discharge in 1955 he accepted a
position with the Industrial Relations
Division of the Kimberly-Clark Company and
moved to western New York, where he made his
home, raised his family and became a valued
member of the community. In 1962, John Daly
became Director of Public Relations and
Manager for National Accounts for the
Carborundum Company. He later founded and was
Chief Executive Officer of Omni Office
Products, now part of the Staples,
Incorporated. Already active and recognized
as a leader in his communities, in 1959 John
3896
Daly was asked to run for the Niagara Falls
City Council, the first of many successful
elections, he served on that body from 1960 to
1964; and
Whereas, a member of the New York
State Legislature for 22 years, John Daly
served three terms in the Assembly
representing the 138th Assembly District, part
of Niagara County, before being elected to the
Senate in 1978, serving the 61st Senate
District, which includes parts of Niagara and
Monroe Counties an all of Orleans County; and
Whereas, John Daly loved a good,
honest, lively debate, he was debate
coordinator in the Assembly and was
acknowledged as one of the finest debaters who
ever served in the New York State Senate.
While in the Senate, John Daly served as
chairman of the Senate Standing Committee on
Housing and Community Development from 1980 to
1989, sponsoring several innovative laws to
promote affordable housing, including the
Affordable Home Ownership Program, the Housing
Trust Fund and Special Needs Housing Programs;
and
3897
Whereas, John Daly also chaired the
Senate Subcommittee on Toxic Substances and
Chemical Waste and the Joint Legislative
Commission on Toxic Substances and Hazardous
Waste since its creation in 1984, he sponsored
most of the major legislation over the next
decade regarding the handling, disposing and
cleaning up of hazardous waste and toxic
substances. For 20 years John Daly served as
a member of the Energy Committee in both the
Assembly and the Senate. He sponsored a
number of important bills, including the
Energy Act of 1987, which, for the first time,
allowed the distribution of low cost power
generated upstate to downstate New York while
maintaining a fair share for western New York.
In 1995 he served as a member of the board of
directors of the New York State Power
Authority; and
Whereas, in 1990 John Daly was
selected as chairman of the Senate Standing
Committee on Corporations, Authorities and
Commissions, which has oversite authority over
many of the state's public benefit
corporations. Among his many efforts to
3898
improve New York's business climate, in 1994
he successfully spearheaded the effort to
bring two new types of companies; limited
liability companies and limited liability
partnerships to New York State. He also
promoted measures to reform the state's social
welfare programs. From 1995 through 1997 John
Daly served as Commissioner of the New York
State Department of Transportation. In this
position he oversaw the development and
implementation of a $24 billion, 1995 through
2000 highway bridge and mass transit capital
program and multi-year funding for buses,
ports, rail and aviation facilities. This
program provides for important investments in
the state's infrastructure, which improved New
York's transportation system and helped to
spur increased economic development in the
state. In February of 1997, John Daly was
named Senior Advisor to the Governor for
transportation issues, leading the successful
effort to secure historic levels of funding
for the state's bridges and highways under the
Federal Transportation Equity Act for the 21st
Century; and
3899
Whereas, John Daly was named to the
Public Service Commission in June of 1998, at
the time of his death at age 69, he was Deputy
Chairman of the Commission. An able leader
and treasured mentor, John Daly, as an adjunct
professor at both Niagara University and the
State University of New York at Albany, lent
his considerable expertise and talents as well
to future public servants and policymakers.
In 1989 Niagara University conferred an
honorary Doctor of Laws degree on him and he
was also selected by the Western New York
Teacher's Association as the first recipient
of the Friend of Education Award. John Daly
lived life to it fullest. He was very proud
of his Irish heritage. He always had a ready
smile and a twinkle in his eye. He never
backed away from tough issues. While he was
tenacious in his pursuit of his position, he
was also a willing listener, able to work
bipartisanly to accomplish important goals,
earning him the represent admiration and
friendship of all those with whom he served
and who worked for him; and
Whereas, John Daly is survived by
3900
his wife of 46 years, Catherine; two sons,
Martin and Robert, who in January of 1999
proudly took his seat in the New York State
Assembly, a seat once held by his father; a
daughter, Catherine; three brothers, Vincent,
James, and Daniel; a sister, Joan Matthews;
and four grandsons; now therefore be it
Resolved that this Legislative Body
pause in its deliberations to honor the memory
of friend and colleague John B. Daly and to
celebrate his life as a man of honor,
dedicated to the community he served so well
and for so long and to the people of the State
of New York; and be it further
Resolved, that a copy of this
resolution, suitably engrossed be transmitted
to the family of John B. Daly with the deepest
condolences of this Legislative Body and the
people of the State of New York.
THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you, very
much, Madam President.
First of all, Madam President, on
behalf of yourself and Senator Bruno I want to
welcome Cathy Daly, wife of John Daly, Marty
3901
Daly, Assemblyman Rob Daly and the number one
Buffalo Sabers fan in all of New York State,
John's daughter Katie.
Madam President, two days before he
passed away when he knew his time was short
John Daly and I had a conversation that I
think I will remember the rest of my life.
And I have to tell that you 99 percent of that
conversation revolved around this institution.
John Daly quite simply, as outlined in this
resolution, did a lot of things during the
course of his short life. But second only to
his family he loved this place, this room, but
mostly this institution more than anything
else.
It was when he knew that the end
was near all that he wanted to talk about.
His son Marty collected a collage of different
pictures of John throughout his life, and one
I remember he pointed out to me was a picture
in this chamber standing up debating a bill
with Senator Maltese and Senator Cook looking
intently on and he said he did not remember
the purpose of that debate but it must have
been something very interesting to get the
3902
attention of Senator Maltese and Senator Cook.
John Daly was more than just a
friend, he was a mentor to me. I remembered
and we talked about the telephone call he made
to me on December 27, of 1994 when he told me
that he was going to be moving from here and
over to the Department of Transportation and
suggested very strongly that I might want to
consider running for the New York State
Senate. And he told me then as he told me on
that Wednesday night, about all of the great
things and the great people that he had come
to know and come to love here in the Senate.
He talked about many of his friends
that are in the gallery today. He talked
about his staff people. He talked about the
fishing trips with Steve Boggess and Abe
Lachman. He talked about his colleagues here
from across the state who although he didn't
maybe agree with them in terms of politics or
in terms of whether they were liberals or
downstate or what interest they represented
but how much he respected each and every
individual because he knew how much all of the
members here have worked to gain this
3903
prestigious position in this most prestigious
of bodies. I think about him particularly
when I am driving from my home here to Albany.
I have to tell you that one of the things that
always impressed me about John Daly was that
when he left the Senate and when I took that
seat he never once called me to tell me that
he thought I made a mistake here. He never
once reached out to give me advise or to
criticize me for any decision that I had made,
even though many times I would call him up it
was always me contacting him and he told me
then that he was not going to be looking over
my shoulder at me. It was a great favor from
a great man.
I know that I miss him a great
deal. Certainly not as much as his family. I
know that conversation that night meant a
great deal to me.
His son Marty commented when we
were there in John's room that he was going to
leave us alone so we could bash the liberals
together. John laughed and I think that is
the last thought I will always have of him
laughing.
3904
I am a better person because I knew
John Daly. This institution is a better place
because of all the years that John Daly served
here. The people sitting in the gallery
today, his friends, his good friends, he
talked about you at the very end. He loved
you all. He was sorry that he did not have an
opportunity to say goodbye to everybody but he
is here with us today. I know that he is
because I feel his spirit often.
As I said, this is a better place
because John Daly was here. We are all better
people because we knew John Daly.
To his family I offer our sincere
congratulations, not necessarily condolences
but congratulations for a fine individual.
You all have a great legacy to follow, as do
all of us. And I thank you for being here
today and we all thank you for lending John
Daly to us for all too short a period of time.
Thank you, Madam President.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President.
We heard the resolution read. And
3905
we have heard Senator Maziarz and you wonder
how much more can be said. But a lot more can
be said to John's family, to his friends and
to his colleagues and there is not a person in
this chamber that could not get up and talk
about John, what he did, by the hour because
he was a very special person. And Cathy, his
wife, you know that. And to Marty and to Bob
who follows in his footsteps in the Assembly
and to Katie his daughter, you know he was
special. We all knew he was special.
There are a lot of people in public
service, but when you take a look at John
Daly's commitment, you knew that there was
sincerity there, there was dedication there.
He wanted to do good and he did so much good
that we can't really relate.
I remember a conversation we had,
Senator Maziarz, that I had with John when the
seat was going to be open and he talked about
leaving. And he talked about leaving and it
was very, very troubling for him to leave the
Senate, but he had this opportunity to be of
what he thought was of greater public service
going to the Governor's Office to be his
3906
Commissioner of Transportation.
After he made his decision and he
told me about it when he first thought about
it and he told me when he made his decision I
was very, very troubled because John was a
personal friend. He was a true believer in
what was right for the people of this State
and we communicated and conversed about almost
every fiscal matter. Many times it was just
the two of us together that were talking
about, oh, and then the Governor, when the
Governor was a Senator there were three of us
that talked about some of the conservatism
that was necessary in a budget. But when John
was leaving he said, I said, naturally, John,
who on earth is going to follow you, who can
do the job? He said, there is one individual,
George Maziarz. I said, who in earth is
George Maziarz?
He said, I can tell you now he can
win and when he wins he will stay there as
long as he wants to stay there because no one
will touch him, he is the hardest working
individual in that county. And John was
usually right.
3907
But John spoke up. He don't mind
being out front, making a choice, making a
selection. Why? Because he thought he was
doing what was best for his constituency and
he was right. George has followed and has
distinguished himself in his short career so
far. But John was right in just so many
things that he talked about and that he did
and so I am standing here talking really not
that I can add anything to the memory but to
just say out loud what a special person John
was, how much he meant to all you us here in
the Senate, in state government, to just
everyone. And George says that this
institution is a better place because he has
been here and he is so right. But this State,
this entire State is so much better for John
Daly having lived and having served the people
of this State.
Thank you.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
Madam President.
A little over seven years ago I got
3908
the Republican nomination to run for this seat
and I came to the Senate for the first time
and went into the Republican caucus and met
all the Senators in the Republican caucus and
met John Daly and it was an instant
friendship. John almost took me solely under
his wing when I started running for that
office. Any time I had a question, any
information I needed, he would come to
Syracuse and help me out in any way he could.
And he taught me about the Senate.
So when I won the seat there was no
question in my mind that the only person that
I would ever consider having swearing me in
this body was John Daly. And he was standing
in the place that the president is standing
today, swore me in, my whole family and
relatives were here. It was the proudest day
of my life and he made this ceremony so
special and I will never forget it as long as
I live.
He was always positive and often
times being a public servant it is difficult
to be positive all the time. He always was.
He always had a smile on his face. Even when
3909
he was ill and when I visited him here in
Albany at the hospital, always knowing that he
was going to beat the problem, always knowing
that he would be back working in the public
services he loved.
There was a man that I truly loved
and I think he loved me and everyone in this
body. And the best compliment I can give to
anybody and I give to John Daly is he was a
good man.
Thank you, John, for being a part
of us.
THE PRESIDENT: Senator Waldon.
SENATOR WALDON: Thank you, very
much, Madam President.
To Mrs. Daly, to the family, I am
privileged to rise to second the resolution
submitted by Senator George Maziarz for our
consideration.
I got to know John Daly rather
well. We discussed a lot of things. We
discussed the fact that we both served in the
Army. We discussed the fact that he went to
Regis High School where Walter Bradshaw, one
of my dearest friends, went. And that he
3910
played a lot of sports. Some of us jest with
each other, DeFrancisco and I and Masiello
when he was here and even David Paterson
sometimes considers himself to have been an
athlete. But John was truly an athlete. A
great basketball player and a heck of a
baseball player, and we talked about those
things.
I liked very much the opportunity
to work with him. It is rare in this place,
maybe not that rare, that one on this side of
the aisle can have such a good working
relationship with someone on the other side of
the aisle. We held joint hearings together
and accomplished some good things for the area
that I represent because John recognized that
to further the cause of the people of South
East Queens, I needed his cooperation and he
gave that very willingly.
I remember another thing about him,
and that is Saratoga. Those of you who have
an appreciation for the galloping horses on a
flat track can understand the appreciation
that I did for John Daly. Each summer
Barbara, my wife, and I would repair to
3911
Saratoga and sit in his box. And as you can
tell, we were not very lucky in terms of our
bets because I drive an old Honda and still
scurry back and forth to New York City in
that. But we had a lot of fun together and
spent some quality time together.
We discussed serious issues. We
discussed race relations. We discussed what
this place is all about. We discussed why
laws should be made and sensitive to all of
the people of the State of New York.
I found John, those nights when I
would stop by his home, to just discuss
things, an extremely invigorating person to
have a conversation with. He was sharp. He
was able to parry and thrust in terms of the
repartee, and I loved that. I liked the
opportunity to be able to share and exchange
with someone who was witty and bright and
committed to this institution.
And by George was right when he
said that he loved this place. This a special
place. Each of us brings our light here, our
creativity here. All that we are when we
arrive effects this place. And each of us
3912
adds to the total package that this
institution, the Senate, is. But some of us
add even more than others and I think that
John was one of those.
I will always remember the
friendship that we had and time that we spent
together. It is a warm memory for me now. It
is a sad memory that he is no longer with us,
but I know that each of us is better for the
fact that we knew John Daly. He was such a
friend of mine that I don't just call him
friend, I call John Daly my buddy.
Thank you, Madam President.
THE PRESIDENT: Senator Connor.
SENATOR CONNOR: Thank you, Madam
President.
I remember back to my earlier years
in this chamber and I used to like to debate a
lot, a lot more than I do now. And I always
relish those occasions when I could take the
floor against John Daly. We had some very
good debates. He was sincere in his
positions. He was absolutely a master at
debate. And what he liked to do to me was
challenge my memory of Latin studies because
3913
he would often interject Latin phrases and I
would attempt to come back not as well as he
could do it.
Off the floor after some pretty
heated debates where we would each show a
little bit of our Irish temperament, I
remember other members looking, as we would
leave the floor somewhat together like, Gee,
are they going outside to settle it. In fact
we would always go outside and pat each other
on the back and talk about personal things,
friends things. That's the way John was. He
was a colleague that was a delight to serve
with. He had an incredible intellect,
incredible compassion and incredible desire to
serve the people, and he did it so very, very
well.
On a personal level, I miss him. I
shall miss him for a long time. I enjoyed
serving with him and I enjoyed thoroughly
being his friend and colleague.
Thank you, Madam President.
THE PRESIDENT: Senator Alesi.
SENATOR ALESI: Thank you, Madam
President.
3914
If you think about John Daly you
can't help but think about how much you miss
him if you knew him at all.
I knew John Daly as the senior
Senator representing the western portion of
Monroe County when I served in the Assembly.
And aside from knowing him as just a great
friendly guy the things I remember about him
was how helpful he was to me.
When I was in the Assembly, Senator
Daly would call me and he would ask me if
there was anything I needed. That's the kind
of thoughtful and helpful person he was. And
he was very happy to hear that I was moving
over to this house and he was so supportive of
that effort as well.
He was always so helpful in
everything that he did in his personal
relationship with me and as we got to know
each other he asked me where I lived and in
the Rochester area I told him East Rochester,
which is a small village, a very heavily
Italian American village. And he said to me
you must know the Italian game mura
[phonetic]. I said of course I know that, but
3915
how would you know that being as Irish as you
are. And he explained to me his relationship
with some of his Italian American friends and
then he challenged me to what became a never
ending succession of games and a never ending
succession of winning games I might add for
him.
For those who do not know, it is a
game where you hold your hand behind your back
and you throw your hand into the air and as
you are both doing it simultaneously you try
to guess the number of fingers that the total
would be. And I always accused Irish John
Daly of not playing fairly because he would
always linger just a split second to see how
many of my fingers I would throw into the air
and doing that he would always guess
correctly.
I remember going to see him and in
fact any time I would see him coming down the
halls here I knew I would have to get ready
for this because he would not let me pass
without playing this game and I would be
facing certain defeat. But I loved it, and I
loved it so much because you can see that
3916
twinkle in his eye, that twinkle that was
always there. He had great anticipation I
think at the thought of that little sport.
When Senator Maziarz, and we all
know who Senator Maziarz is because he has
grown to be one of my great friends in this
institution as a result of John's moving up,
when Senator Maziarz said to me a little over
a year ago that he was going up to visit John
in the hospital I went with him. John Daly
wasn't in the best of spirits but nevertheless
when I walked in the door I saw that twinkle
in his eye and as he said hello I could see
that he moved over and the first thing he did
was throw his hands up in the air and
naturally he won again. And he gave me one
parting shot as we were leaving and I said,
See you later, and he said, Hey, Alesi, and I
turned around and yet again he threw his hand
in the air and yet again he beat me.
And it wasn't too long after that
he was up and around and I remember one of the
most pleasant nights I have had here and that
was one of those nights that was simplified by
the short amount of time we had for dinner, so
3917
we had just run down to Bongiorno's and it was
Senator Skelos and I and Senator Maziarz at
table for four and we are not too far into
dinner before John Daly walked in and just as
if God had written the script, he filled that
fourth seat and he filled that evening like
nobody else could fill it and that is one of
the most pleasant memories of my seven years
here in Albany, in fact one of my most
pleasant memories in my life time of knowing
people.
And as I said in the beginning, if
you knew John Daly you could not help but miss
him. And whenever you hear someone use that
phrase, the twinkle in his eye, you can't help
but think of John Daly.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
As I rise to speak about John Daly,
who was my Irish buddy, I am moved between
sadness and tremendous happiness because
whenever I was around John it was always
laughter and smiles and fun and that sort of
thing.
3918
The Irish legislators will never be
the same without John Daly with his playing of
the spoons and getting together the Irish
choir and singing. He was really if you will,
in the staff that are with us in the gallery,
I still remember the parties he always had on
St. Patrick's week, which he seemed to
celebrate for the whole week.
I want to just bear down on
something that nobody has really mentioned.
John Daly was truly a scholar. A brilliant,
brilliant guy. A friend of mine from
Schenectady went to high school with him and
he said he was the brightest student that he
has ever seen or heard of. And John was a
brilliant, brilliant Senator. Everything he
did he did well, from being an Assemblyman to
a Senator, and I think he enjoyed this house
as the pinnacle of his career, but as a
Transportation Commissioner he was outstanding
and anybody that was in the Legislature could
immediately contact him and get results.
You know something else he did at
the very end of his career was ISTEA. The
millions and millions and millions of dollars
3919
that he really saved for New York, the job
that he had in Washington was absolutely
Herculean. He was an outstanding public
servant, and how proud he was of his son Rob
as he went to the Assembly and I talked to
John quite a bit during the last few days. He
gave me a contract which I was able to fulfill
and, you know, he had a tough death and I
think tomorrow we are going to have something
for prostate cancer, which has been a plaque
among a lot of males and you know John, he
took that in stride and went along with it,
but you know, again, we are all going to miss
him terribly. I think when anybody remembers
John Daly and I think you can hear it from his
colleagues you remember him with a smile,
remember him being willing to help everybody.
It did not matter what party you were. It
didn't matter how well he knew you. If you
asked him for something he was there and he
was there in a hurry.
John Daly was a great guy and a
great Senator and a great New Yorker and we
are going to miss him.
My deepest sympathy to his wife,
3920
Cathy, to Marty and to his daughter Kate and
of course to our colleague in the Assembly,
Rob.
THE PRESIDENT: Senator Maltese.
SENATOR MALTESE: Madam
President, many things have been said today
and many of us are trying to touch on various
aspects of John's personality, his winning
personality, as he would be the first to say,
his winning Irish personality and some of the
things that he did, the very, very impressive
things he did for his community and for the
State of New York.
John, as many of you know, was a
seat mate of mine and as Senator Maziarz
observed the picture that John has commented
on had Senator Cook and myself looking up at
John. And that I think is a good portrayal.
Many of us in the Senate side looked up to
John. Many of us as friends and
contemporaries and colleagues looked up to
John. Though there was only a few years
between us, John was also my mentor.
John was very, very quick to help
and never quick to intrude. He referred back
3921
many, many times to his roots in Woodside,
Queens that he was a Queens County Irish boy
and Woodside is still an Irish American
Community.
John has, as Senator Alesi said, a
twinkle in his eye. He best exemplified so
many of the sterling qualities of Irish
Americans and Irish, the people that we know
and are friendly with. I too bemoan the fact
that the Irish legislators no longer have him
in their midst.
John had a great sense of humor.
He always took care to have his desk well
stocked with candy for those of us with a
sweet tooth on this side. But he was a
sweetheart, a real sweetheart.
I want to also comment on his
debating skills because sitting next to him he
would spread papers out across the desk. He
had the most methodical approach to debates
and he would rarely look at the notes but at
the same time cover all aspects of the debate.
I think he was, indeed, one of the great
orators of the State Senate, and as a friend,
as a colleague, as a person who really cared
3922
for the traditions of the Senate, he will be
sorely missed by all of us, but well
remembered by all.
THE PRESIDENT: Senator Marchi.
SENATOR MARCHI: Madam President,
it is really sad to observe these things but
those -- I believe Senator Maziarz put it
best, everyone who had an opportunity or
shared time with him came out enriched. He
was absolutely right.
Senator Waldon and Senator Connor
also pointed out his New York origin and the
fact that he went to Regis High School and it
was interesting to note that Regis is and was
a school that, it is easier to be admitted
into West Point, Annapolis or the Air Force
Academy than it is to be admitted to Regis.
And then Senator Farley told me that among his
classmates he was considered the most
brilliant by those who were his peers, the
most brilliant student that ever went there.
I profess to be an old buff of
Ireland, magnificent island that it is,
certainly refreshed by the wonderful works of
John Cahill of how the Irish saved
3923
civilization, its literature, its cultural
and its spiritual bent and so many of these
factors.
All of these aspects were present
in John. And John was a Kerryman. I do not
know how many Irishmen know what a Kerryman
is, but his cousin Kevin in Staten Island who
still lives there and has done very well in
life, there is a book on Kerryman and people
like Moynihan and Mike Quill and major figures
in almost every calling have made a tremendous
mark on the life of the people of the state
and nation that we live in.
About his knowledge, I was chairman
of Finance for 16 years and I remember the
most fierce debates always came out of most
perceptive, analytical, intelligent and
probing questions came from just about there,
right next to where Senator Rath is sitting,
from John Daly. And he was very, very, very
direct, very intelligent. And after you had a
debate it was a very useful exchange. These
were experiences that you treasure and put
aside for future reference because he was that
good.
3924
Beyond that, his own family, this
guy was very close. His family was very close
to John Hume. John Hume, those of you who are
not familiar with him was one of the major
statesmen of Europe and has played a major
role in the development of accord and the
resolution of the conflict that exists in
Ireland north and south. But he is a giant of
a figure, a giant moral figure, a giant of
history and people and with all the fine
qualities that go with an individual who is an
active proponent of positive resolutions of
differences that can often divide people, but
also the ability to bring them back together
again.
So I know John Daly is up there
smiling at us. He can see us. He knows all
about us. And it must give him pleasure to
know that he is remembered with so much love
and affection and that his family has that.
And so we extend our thanks to that family for
sharing him with us because as Senator Maziarz
properly began, he enriched each and every one
of us who had occasion to know him and it is a
patrimony and a patronage that is going to
3925
live on.
He was not just a member of the
Senate, he was an institutional factor in
raising our sites and enabling us to reach out
for even higher goals and higher objectives.
THE PRESIDENT: Senator Nanula.
SENATOR NANULA: Thank you, Madam
President.
As Senator Marchi just said, we
often in measuring ones life, in addition to
looking at the accomplishments during that
life also look at the legacy of what that
person leaves behind. And clearly, and it has
been stated by so many people today, John Daly
leaves behind a great legacy. Not only with
respect to this family, his great wife Cathy
and his children Marty, and our colleague now
Rob, and his daughter Katie, but also the
effect again that was stated here that he has
had on the body of the Senate, the
Legislature, and on individuals.
Senator Maziarz was so eloquent in
commenting on the impact that John Daly had on
his life and I wanted to very briefly comment
on the impact that John Daly had on my life.
3926
And I stood up before, commenting
on John Daly's impact on my life with respect
to us nominating him for the DOT commissioner
position and when he went on the Public
Service Commission, so for those of you who
heard this already before, I apologize. This
is really for the benefit of his family. And
maybe Mrs. Daly, you will remember these days.
Years ago, in fact, when I was in high school,
Senator Daly had a program for high school
students that were interns in the Niagara
County Legislature. He would select one
student from each of those high schools to
come here to Albany and to serve in a three
day mock legislative session, and I was the
candidate from Niagara Wheatfield High School.
That was in 1984. I came here for that three
day session and on Sunday, the day we drove
down, we had dinner with the Senator and on
Monday we came to the gallery and we actually
saw the Senate in session and, Madam
President, where you are sitting was John
Daly, my Senator. And boy was I ever proud to
see my Senator presiding over this body. And
that attention and that program, which by the
3927
way, wasn't funded by the State, wasn't funded
by the Senate. It was funded by a collection
of private citizens and businesses in Niagara
County that John went out and solicited to put
that program together. That program, I don't
know how long it existed for, but it probably
took dozens and dozens of kids through this
process. And I will tell you, on the ride
back four days later, I knew that I would
never be the same. I didn't at that time know
how that experience would affect me, but
ironically enough, ten years later I walked
into this chamber as a member. And I know in
my heart that if it was not for that
experience I would not have gotten involved in
politics. Some people probably wish I never
went through that experience because I
wouldn't be here today, but for me I will
always remember John for having the leadership
and commitment to that program because he
cared about young people.
And that commitment to me
personally extended to the time that I came
here. I can remember walking in here and,
quite frankly, being overwhelmingly
3928
intimidated. Having really no knowledge or
experience of what the legislative process was
about and looking over and seeing John Daly
after I found my seat and his smiling face and
as so many people have commented, that twinkle
in his eye gave me a sense of great comfort
and really made me feel as though everything
was going to be okay. And, you know, John
didn't need to do that, that is for sure. He
sat on the other side of the aisle. And you
know, the day after my primary that year,
which was a very contentious race, I received
a call from John. John told me he was proud
of me and he knew I would win. I don't know
if he knew I would win. I didn't know I was
going to win. But he also told me everything
was going to be okay and he was looking
forward to serving with me in the following
year. And you know, I will tell you
something, in all the years now that I have
been elected, that was the best phone call of
the day for me. And again, John didn't have
to do that. He did that just because of the
kind of person he is; kind and decent, a
really statesman like individual.
3929
And really those are the words for
me. I was sitting here thinking of what I
wanted to say before I stood up, and I didn't
know John really as a colleague. I knew him
as Senator Daly. And the words that come to
me when I think of Senator Daly are respect,
statesman, professional, leader. For me a
mentor. For so many of us here a mentor. And
just a good human being.
Just in closing, because I was only
here for about a year, and then John was
nominated to become commissioner of the DOT,
and I was a freshman that really didn't get up
and make an impact on the floor, certainly my
freshman year, and quite frankly, I don't get
up on the floor that much in general. But
when I do stand up I usually stand up because
I believe strongly in what I am going to say
and I say it from the heart. I believe it was
the death penalty bill, it was in 1995, right
before John left, and I stood up an I was
profoundly opposed to the death penalty, and I
was for very personal reasons, and I was
speaking passionately about my conviction.
And of course John had a very different
3930
opinion and I will never forget looking over
and seeing his finger go up and thinking about
that passion turning into fear in that John
might be standing up to throw a question or
two at me or to challenge what I was saying.
And then I saw him wave the finger and then
think twice and put his hand down and that
fear went to relief because he wasn't going to
be standing up.
And I will tell you, and so many
others can comment better than me, the impact
that John has had on this floor in terms of
the debates, on this state in terms of his
commitment, on western New York, on Niagara
Falls, is immeasurable, and he will truly,
truly be missed by the State, by this
Legislature and by me personally.
Thank you, Madam President.
THE PRESIDENT: Senator Rath.
SENATOR RATH: Thank you, Madam
President.
When John Daly's Irish eyes were
smiling. Were there many times that they
weren't? As we have stood here one after the
other, his colleagues and of course his
3931
family, Cathy and Kate, Rob and Marty, his
co-workers, and so many of you are there. And
I wouldn't call them staff or lobbyists
because John would have thought of you as
laboring in the fields right along side of him
as he was moving forward in his various quests
that have been brought to light here today.
And George Maziarz said so clearly, his last
thought of John was of John laughing.
John's desk is now Senator
Leibell's desk. I have been hopefully moving
this way to some extent. Never did get a
chance to sit next to John and see if I could
rub off any of those debating skills. I never
quite got there.
But of course he was my neighbor
from the 60th in the 61st district. And
through the wake and through the funeral and
in conversations with so many people about
John, something has been repeated here that I
think is one of the kindest things anyone
could say, and it was that John took people
under his wing. Well he took me under his
wing when Senator Sheffer resigned and I ran
for this seat, John took me under his wing.
3932
Kate, you will remember that very clearly.
You were there helping John take me under his
wing and I will be eternally grateful for
that.
And when John's Irish heart was
happy all the world seemed bright and gay, and
indeed it was. From the smile on his face to
the collegial nature of the debate that he
carried on in this chamber. Senator Connor
spoke about his debating skills. Senator
Marchi spoke about John Daly's intellect. And
his commitment without being overly
confrontational and how when he would leave
the chamber the person he had had the best
debate with was the person he wanted to shake
hands with and say, You did a good job, you
challenged my mind, you challenged my points.
I challenged you. We came out somewhere on a
vote at the end, but it was with respect and
it was honors.
And I would say to you, one of the
biggest issues that ever came through New York
State was John Daly's issue. And it has not
been characterized here just that way, but I
remember it clearly and so will everyone whose
3933
ever had anything do with Niagara Falls. It
was the Love Canal. And it was characterized
here as his service on the Hazardous Waste
Committee and the Toxic Substance Committees
and the clean up. What could have been more
dramatic in this state and in this country
than the beginning of the first time we knew
what was buried in a place that had a lot of
chemical activity and now was going to have to
have remediation. I think there are people in
this chamber today who would be thinking about
the superfund and the things that have come
and become because of John Daly's work on one
of the most serious national issues that ever
hit the political floor.
And, yes, John when your Irish eyes
were smiling, let me say, in closing that you
have completely and always stole our hearts
away.
THE PRESIDENT: Senator Seward.
SENATOR SEWARD: Thank you, Madam
President.
I certainly feel honored to stand
in this chamber today to pay homage to our
trusted friend and very respected colleague,
3934
John Daly.
To me John Daly personified the
very best in public service. He worked
tirelessly for the people in his district when
he was a Senator and an Assemblyman, and also
for the people throughout this state in the
statewide offices that he filled after he left
this chamber.
John as was mentioned by others,
was an intelligent man, no question about
that. He was also very passionate about the
issues he was concerned about. John Daly
never backed away from a fight. In fact, I
think he rather enjoyed the fight. That was
part of it. And that is why John Daly tackled
the tough issues. Just think about it;
housing, a very contentious issue many times,
hazardous waste, toxic waste issues, tough,
tough issues, controversial. And of course
many of the energy issues.
I learned that the first committee
meeting that I conducted as a new Senator and
as the new chairman of the Senate Energy
Committee, the very first meeting we had a
tough bill on that agenda that had been
3935
negotiated in the closing days of 1986. It
was on our first agenda in 1987, and it was
mentioned in the resolution, the Energy Act of
1987. And I remember that meeting, my very
first meeting I was conducting very, very
well. We had some downstate Senators on one
side of that issue and John Daly on the other
and they battled it out at the committee
meeting, but I can tell you, John Daly and the
Energy Act of 1987 won out in the end as he so
often did on the issues that he was advocating
for.
And I was so pleased that John, in
his closing years of his career, was able to
emerse himself fully in energy issues, as a
trustee of the Power Authority and of course
as a member of the Public Service Commission,
in fact, the deputy chair of that commission.
He was so interested in the energy issues.
I will never forget John Daly
during his service as our Commissioner of the
Department of Transportation, I know many
other members of this chamber could relate the
same story that I can. John Daly was so
helpful to me personally in my district on
3936
transportation issues. He pulled more
projects out of the fire for me than I can
name here today. He did it as a friend, but
also as a fellow public servant working on
behalf of the people of this state.
And when John, at the Governor's
request, turned his attention to Washington
and saving the ISTEA money for New York State,
I have to believe that those officials in
Washington didn't know what hit them when we
sent John Daly down to Washington to collect
funds for New York State. He did an
astronomical job and he delivered for this
Governor. He delivered for the people of this
state.
When I think of John Daly I would
describe him as a Renaissance man. He was so
well rounded. He could discuss any topic
very, very well. Obviously a man of great
intellect, very well read. He could quote
Latin and several other languages. It just
came off his tongue very, very easily.
He appreciated the arts. He was a
great a patron of the arts and loved to
participate in those types of activities.
3937
Also as has been mentioned by others, he
enjoyed Saratoga and the track and I spent
some very enjoyable afternoons sharing his box
that he always got for a week or so in August
and those were great afternoons spent with
John.
I simply want to say to John's
family that I extend personally my sympathy to
you. We join you in mourning John's loss, and
to his staff and many associates and friends
who are joining us here today, I also join you
in missing John Daly, a true friend and
respected colleague.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Madam President,
there has been a lot said here today. There
is no question about John Daly, and let me
just take maybe a little of my colleague and
say, first of all, there is no question in my
mind that John Daly is in heaven and he is
looking down on us today and he is smiling and
he is listening. Not that John was perfect.
There is an old saying, show me an perfect
Irishman and I will show you an Irish pope.
There never has been an Irish pope. I just
3938
point that out to you. By the way, that is a
John Daly joke. Excuse me, but I felt that I
had to say that.
John and I came to the Assembly
together in 1972. We were both elected in
double primaries. I always said he was the
obstreperous one. He came from the outside, I
came from the inside. In other words, I at
least got nominated. He didn't get nominated.
We served together in the Assembly.
We were very close. When he moved over to the
Senate there was a period when I represented
three districts in western New York, and if
you know the story that is because two
Senators at the time for one reason or another
were not able to serve and the tradition is
that the next senior Senator takes over those
districts and I, of course, went to Niagara
Falls a great deal while John, in fact, was
running at the time for the Senate and tried
to help out. We remained very, very close.
In fact I was telling some friends of mine the
other night the first time that I had been in
Bongiorno's Restaurant since John's death was
just the other night because I couldn't quite
3939
bring myself to go there. It was a favorite
place of John's and mine and many of his
friends.
John Daly not only was a friend, as
has been said here, he was certainly a great
man. But he was also a friend to so many.
And I see and I thank on behalf of the Senate
to Brad Race and Bob King who are here today,
the budget director and the Governor's right
hand person, and they are here I think as much
out of friendship as anything. You know, I
happen to know and I think many do that the
Governor called John on a number of occasions
and in Niagara Falls when he died and of
course was gracious enough to come speak at
his funeral and I thought his eulogy was one
of the finest that I have ever heard.
I was fortunate enough to be one of
the last people to sit with John. George
talked about his conversation with John and I
had an extended conversation also and he also
told me about his friends. And his son,
Marty, said to me one of the things he did
over the last several weeks was to make peace
with everybody and he said in a typical Irish
3940
fashion, that meant a number of people because
there was always disagreement. John and I
used to fight like the devil over nonsensical
things because it was just in the nature of
things I think sometimes, but we always
laughed over those kinds of things because we
realized that it was, I guess, in our nature
and in his nature.
When John came to the Senate I was
extremely happy although I will tell one quick
little story. He was here in the Senate for
about four months and he had debated just
about every day and he sat I believe about
where Pat McGee was at the time and Warren
Anderson motioned me over and said, Would you
go over and whisper something in John Daly's
ear. So I went over to John and he was on his
feet debating and I went up to him and I said,
the Majority leader wants me to tell you that
you are now a Majority member of the Senate.
You don't have to debate like you did in the
Assembly. And he looked like that and he
said, I guess the Majority leader was trying
to tell me something, because you have to
realize, over in the Assembly where he was in
3941
the minority he was the chief debater
virtually every day. So he got over to the
Senate here and he had a little bit of trouble
adjusting because he did not quite realize,
which was classic John Daly by the way because
I used to have a saying that he repeated to
me, as he went to Washington, after the
Governor appointed him for the ISTEA
situation, he called me and he said, Dale, I'm
going to war again. Because I always had a
thing about John, I'd say, there you go,
you're going to war again, whether it is Long
Island he is going to war with or he is going
to war with the SUNY people or whatever it was
he was going to war with for one reason or
another, that was a saying we had.
And let me tell you, it has been
said here already and I'm just going to say it
very quickly, the people from Washington I
know who were in Congress and from other
states and staff people said to me, who is
that guy Daly? He took a situation, and I
don't think the people of this state really
realize, he took a situation that looked so
dim for New York, we could have lost literally
3942
billions of dollars and he reorganized the
whole thing. And while he was doing it by the
way he became ill and had some tough times. I
know very well because he called me on a
number of occasions and told me of the pain
and the suffering he was going threw. But he
persisted and this state as has already been
said, but I really don't think there is an
understanding really of the enormous job that
was done there by John.
Finally, let me say Cathy and
Katie, Marty and Rob, it has already been
said, but I just want to say it again, that
obviously you were the people who were most
important in his life. Katie, who I spent a
lot of time with at Saber's games over the
years, Rob, who he was so immensely proud of
and wanted so much to get to the Assembly, I
could only think about the fact that when my
father passed away they had a resolution for
him and someone got up and said the proudest
day of Julie Volker's life was when he was
elected to the Senate. Jim McFarland, who was
there then, said no, no, the proudest day of
his father's life was when Dale was elected to
3943
the Assembly. Because my father, his life was
with the Assembly.
Your father was as much attached in
many ways with the Assembly as he was the
Senate in his early days. But institutionally
he because a part of this house so much so
that I doubt that anybody in our generation
will be equated as much as John Daly was. He
also will be equated certainly with the
Governor's operations there is no question
because he was a major part of that operation.
But he will also always be a part of the
Assembly that you are part of.
I guess I can only finish by saying
that I will miss him immensely, as I already
have, but I know that he has already preceded
me into heaven and someday when my time comes
I hope he can help me get there too.
Thank you.
ACTING PRESIDENT KUHL: Senator
LaValle.
SENATOR LAVALLE: It is very obvious
that certainly John Daly touched our lives in
a very significant way. But I know that John
was touched and effected by serving in this
3944
body. While he has served this State in many
capacities, I think if he were here today he
would tell us that it was his service in the
Senate that was very meaningful for him.
As has been said, John was a man of
great intellect and wit and used that in
serving the people of the 61st Senate
District. He used that along with his great
knowledge of philosophy and the great readings
that he had in so many areas as has been
mentioned.
John was chairman of the Housing
Committee and I believe he was given that
chairmanship at the time because housing
issues were really bubbling and percolating
here in the Legislature. And John was the
person that could get up, study the issues,
and debate the issues. And some of you who
served here at the time will recall with
galleries that where over flowing and not
particularly on Senator Daly's side, but he
certainly carried forth his point quite well.
John, as I have mentioned before on
this floor, was a friend. I sometimes
wondered in the earlier part of our friendship
3945
what was going on because in our conferences
John and I would have intense debates on
education and energy matters. It went to what
Senator Volker called war. And Senator Volker
would always tell me, Ken, John really likes
you. And I would turn to Senator Volker and
say, I was just through a war. How could that
be? But indeed, John could, after that
debate, call you up and say, How about going
out for dinner.
But John was the matchmaker. He
was the person that really brought my wife and
I together. We was the matchmaker, stayed
with it, was persistent. He saw something
immediately that took me a number of years to
see. And probably was the finest and best
thing that ever happened in my life, marrying
my wife. And John and Senator Volker were the
only two members that where at the wedding to
celebrate that occasion.
Our relationship after that was
wonderful until Senator Daly became
Commissioner Daly, and John and I got into one
of our debates over an issue that was very,
very important to me dealing with the Village
3946
of Port Jefferson.
The Village of Port Jefferson is a
village of 7,000 people and about this time of
year it becomes very, very congested and it is
difficult for pedestrians to cross the street
without the threat of their life. And so it
was suggested to me that we put some sort of
pedestrian control devices in the middle of
the street, so that cars would stop, allowing
pedestrians the right of way. John and I had
-- John had been counseled by his people that
this was not an appropriate way of controlling
pedestrian traffic. And I insisted that it
was tried and true method on roads other than
state roads, and the debate went on until one
day in Senator Volker's office there was a
cone, and I think, Ah ha, I think we have to
break this tension and so I took the cone and
with Senator Volker's help we took and went to
John Daly's apartment and we knew he was not
there because we saw him walking on the street
in the opposite direction, and I placed the
cone at his door step and attached to it a
copy of a bill that bore my name on it,
LaValle, on the cone. And John proceeded to
3947
giggle, and I wish I had the letter that he
wrote to me. Only John Daly, with great wit,
could counter that impish act that I played on
him by a letter saying that a lawsuit might be
pursued because I had trespassed on his very
property. And it went on and on in a very
jocular way.
It certainly did break the ice and
two friends got back together again and began
to discussion the issue and ultimately resolve
the issue.
Cathy, I must tell you that just a
week and a half ago on the streets of Port
Jefferson I had John in my mind because I
passed the very street corner that he and I
stood on when John came down as Commissioner
to see first hand what this debate was all
about. And that's the kind of person he was.
He was a very engaging, very loyal person.
There is one thing that has not
been mentioned here, is that John really was a
teacher. Teacher not only with the members
but with his own staff and other members of
the staff. He loved staff members. He loved
to be their mentor and that's why John Daly
3948
has such loyalty of his staff and why so many
are here today to hear these remarks.
John Daly will be missed. John
Daly, Senator John Daly, will have left a mark
on this house and this State.
Thank you, Madam President.
THE PRESIDENT: Senator Goodman.
SENATOR GOODMAN: Madam
President, members of John's family, I
remember the day that John first came into
this chamber, I happen to have preceded him
here by several years, and it was almost as
though a schwepervesent beverage had been
added to a rather staid institution. The
bubbly wonderful guy who some how managed to
briming over at all times with an enthusiasm
that was exceptional and unusual.
As the year rolled by it was quite
evident that John was much more that just an
enthusiast for the legislative process, he
developed characteristics which can only be
described as statesman.
I should tell you that I recall one
occasion in which I went to Niagara Falls and
happened to mention to John that I was up
3949
there to give a speech. Low and behold, at
the airport I was met by a deputy sheriff who,
with siren blazing, drove me from the airport
to my hotel, said Senator Daly sends his
compliments and thought you might like to be
able to get through the evening traffic in a
hurry and felt it important that you move
quickly. Well, this is very characteristic of
John. He didn't have a siren mounted on his
lapel, but everywhere he went he went double
time and with tremendous thrust and energy.
I remember another occasion on
which the fates had destined us to be in
opposing camps. I was a staunch tenant
advocate and remain so to this day and John,
as the Chairman of the Housing Committee, was
called upon to present the administrations
point of view with regard to various tenant
protection measures. To put it mildly, we
found ourselves in a position of conflict and
nonetheless when all of this was over, as has
been commented on several times, John had the
ecumenical sensitivity to realize that these
issues, which inspired great and vigorous
debate on the floor of the Senate, in no way
3950
ever interfered with the friendship of the
contestants. And there was never any issue
that divided us in a manner that would have
carried outside the chamber at the close of
business and we remained fast friends
throughout.
Let me say also I have an image of
John preparing hot dogs at the annual
invitation he would extend to members to join
him and a couple of his colleagues for a
cookout at their apartment. You would arrive
at his home and he would greet you as though
you were the only guest in the world and he
would ask you exactly to what precise
temperature you would like your hot dog
prepared and he would preside over the
preparation of that unique delicacy so that it
was more delicious than any other hot dog you
ever ate in your life.
John also shows his remarkable
paternal instincts when, toward the end of
this life, he assisted his son in his campaign
for the Assembly. I remember meeting John at
a destination on the East Side of Manhattan by
the East River and standing out on a platform
3951
by the water with his son and some guests
discussing what seemed to him at that point to
be the most important thing in his life, which
was the fact that he had a son who might
succeed him in the legislative process. I
dare say that that hope of his will some day
be realized and the enthusiasm with which he
pursued this and sought to have his son follow
in his footsteps is something which could make
any father proud.
John was a man who had his eyes on
the stars and his feet on the ground. He
combined great statesmanship with enormous
personal consideration and in those
characteristics I think we have the finest
traditions of the Senate embodied. May I just
say that this is a unique institution in which
at its very best we find that we form fast
friendships which reach far across the aisle
to the other side in any situation in which we
find ourselves actually understanding the
character and the personalities of our friends
who may not be of the same party.
John was one of the reasons why
this became a tradition of the Senate and will
3952
always remain so. He loved people for what
they were. He admired their characteristics
as friends and in turn inspired, I think, some
of the most faithful adherence of any member
that this body has seen within my memory.
John Daly was a gentleman and a scholar. He
was a product in his early education of the
silk stocking district, which I have the
privilege to this day to represent. He is our
gift to the State of New York and one of which
we shall always be duly proud and I think it
is quite evident from this bouquet of
compliments which you have heard this
afternoon that John was a rare and unique
individual who will long be remembered as long
as any of us breath and think about the
remarkable characteristics of the State
Senate.
THE PRESIDENT: Senate Skelos.
SENATOR SKELOS: Thank you, very
much, Madam President.
Much has been said about John
Daly's ability as a legislator and certainly
those of us who served with him know of those
abilities. Those who did not have the
3953
privilege of serving with him certainly have
learned about it today and over the last
months as we have reflected on John's life.
John had the ability to toss a
grenade when necessary, either governmentally
or politically, but he also knew when it was
time to defuse situations politically or
governmentally. He would do it with a funny
comment. He would do it with a smile on his
face.
What is most important to me, and
it is something that my grandfather always
said to my father, and to me, and my father
now to me, and I am saying it to my son, who
is 17, if he listens once in a while at that
age, is the most important thing that you can
do as an individual for your family and
certainly your children, the most significant
inheritance is a good name. You can
accumulate wealth, you can pass legislation.
You can do many, many wonderful things in your
life, but the most significant inheritance is
a good name. And to the entire Daly family,
and certainly to you, Rob, who have continued
now in his tradition, John gave you a
3954
wonderful good name.
THE PRESIDENT: Senator
Markowitz.
SENATOR MARKOWITZ: Thank you,
very much.
It is no secret in the chamber that
I am proud to be the Brooklyn chair of the
Loyal League of Yiddish Son's of Erin, and it
was based upon that relationship between John
Daly and I that some of my Irishness came from
him. But the truth be told, some of my
Jewishness he enjoyed. And let me tell you
what I mean.
You have said some wonderful things
here. We all have wonderful memories of John.
But the memory I have is taking him to
wholesale suit locations in New York City and
he loved a bargain. This man loved -- in
fact, he was so excited when we were able to
find a wonderful suit at a great price, pants,
shoes, you name it. And he would regularly
come into Manhattan and I would meet him as we
went around the various locations to find the
kind of clothing that he treasured and loved
so very, very much.
3955
He obviously was someone that had a
great impact on this chamber and for all of us
that were fortunate enough to serve with him
for many, many years, he indeed will be
missed. He was one of a kind. He was, even
though he was from, quote, upstate, he was
born proudly and raised in Queens and I know
that all of us will carry his memory for the
rest of our years.
THE PRESIDENT: Senator Onorato.
SENATOR ONORATO: Thank you,
Madam Chair, Madam President.
I rise to join my colleagues in
paying tribute in honoring the great, great
memory of John Daly. Many, many wonderful
things have been said about John and his
wonderful powers as a legislator, but John was
many other things. They mentioned the fact
that he was a great athlete and we served
together when we still had our softball team
in tact and we had the first team that beat
the Assembly, the first time ever, and we're
still languishing on that memory because we
have never won a game since.
But John recalled a story, as Marty
3956
mentioned the fact that they come from Queens,
and his wife came from Sunnyside. And John
was visiting Sunnyside and he tells me this
story that he went down to get a couple
bottles of wine for dinner and he went to
Lowry Liquor which is located on Queens
Boulevard, and he went in there to purchase a
couple bottles of wine and when he went to pay
for it he gave the proprietor, Lou Ladoty, a
check. Lou looked at him and says, I don't
take checks. And he said, What do you mean
you don't take checks, he says, I am Senator
Daly. He says, I don't care who you are, I
don't take checks. He says, But I'm a good
friend of George Onorato. Well, why didn't
you say so in the beginning. He not only
cashed the check he says, he gave me a
discount.
But the other part of that, John
had a great, great talent for writing and
rewriting lyrics to the Irish parodies.
Assemblyman Butler and I are still using some
of them on every Saint Patrick's Day at our
Saint Patrick's and Saint Joseph's dinner. We
start singing the words that John Daly and I
3957
think it was John Dearie, the Assemblyman,
rewrote those words and they certainly were
nowhere near the original versions. I think
John came up the original version of calling
Governor Cuomo the 200 pound gorilla and I
think he had that inserted into one of the
songs and he probably got that from playing
basketball with the Governor at the time.
But I am so happy that everyone in
this chamber had such a high, high regard for
John Daly, and it is a tribute to all of the
wonderful things that he has done because
there was nothing to large or too small for
John to get involved in.
He was our Don Quixote. When
things were not going right here in the
chamber John was the very, very first to get
up and defend one of the his colleagues when
things got a little contentious. And when
things in the whole house got contentious John
Daly and Mike Tully, God rest his soul, where
the peacemakers trying to get things quieted
down again and get the ball rolling, which
they succeeded again.
But God has taken John from us at a
3958
much untimely period of his life, but I am
sure the good Lord has now named him again the
Commission of Transportation, paving the way
for all you us to get into paradise. God
bless John's family who are here with us
today.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
I came to the Senate in the same
class with George Maziarz in the special
election class of 1995. We alternate
presidencies of the association. There is
only two of us so we have to share.
John was already commissioner at
the time and there was an issue in my district
that was of some concern and someone
suggested, why don't you talk to the
commissioner. I said, no, this is nothing
that big, this is just a traffic light
situation and a little bit of a road project
that is going on in the area. He said, no,
talk to him, don't worry about it. I gave him
a buzz, he came over and we talked. To make a
3959
long story short, he came down to the
district, which I never expected, he met with
myself and the civic associations that were
involved and the contractor that was involved,
the whole nine yards. The issue was favorably
resolved and everybody was happy. Certainly
it made me look good in the district and what
is more important, an important project was
moved ahead without litigation or without
lawsuits and without extensive delays. John
did a fantastic job, went way out of his way
for a project that was, in the scheme of
things, on nobody's radar screen but the local
legislator. But it was important to John
because it was important to me. I appreciated
that.
I ran into him once again at a
conference where John was the guest speaker on
ISTEA. By the end of the project, this was
out of state, and by the end of the project
everyone who knew we were together because
John identified in the audience and say Hi and
he did all that and everyone came up to me
from all over and they were saying, you got a
great representative there. That's a
3960
fantastic -- what a presentation. You know,
he was humorous but he was on target. He kept
everyone awake, which if you have been at
these things you know full well that that is a
rarity and a very difficult thing to do. John
had that knack and he did a fantastic job
there. It was beautiful.
From someone who had too little
time to get to know him but got to know him
well enough to know that he really cared, and
for him to go out of his way the way he did
for a fellow legislator, one who was
relatively new and he did not know, but I
thought that was a fantastic thing and I said
then to him, thank you, and I say to you,
thank you. And God bless.
THE PRESIDENT: Senator Saland.
SENATOR SALAND: Thank you, Madam
President.
So much has been said about John
today that it is really hard to perhaps
distinguish particular events or particular
occasions in which John by his very person and
presence did so much for one or another of us.
I didn't share geography with him. Certainly
3961
I am not as senior of a member as he, but let
me say, what I share with all of my colleagues
today is a sense of admiration and affection
for a man who was one of the giants of this
institution.
A very unique individual, we are
all unique and I think John perhaps was a
little more unique. John was very, very
fortunate. He was particularly endowed with
the gift of a superb intellect, and sparkling
wit, and when he wanted to be he could be
searingly candid.
Those of us who saw him either on
the floor or in conference certainly well knew
his ability to be very, very candid.
The last person in the world I
would want to be on the opposite sides of an
issue on would have been John. A superb
talent, one of the, I think, most outstanding
people whom I have had the opportunity to
serve with, and I have been in this
institution, this legislative institution, for
some 20 years, but it went well beyond
legislative service. It went well beyond his
being a colleague. It went to being an
3962
extraordinary human being. When he left this
house and went to serve in the executive
branch as the Transportation Commission,
nothing about John changed. John was
accessible. John was always a gentleman and
John was always willing to do his best to try
and assist a colleague.
His qualities, if they could be
manufactured, would probably mean a just
entirely different approach to governance and
an entirely different quality of legislation.
I have told my children time and
again that there is one commodity you can not
inherit, you can't buy it, you can only earn
it. And that is respect. Your fortunate.
You have the wonderful legacy. You know the
kind of respect that John Daly had by what you
have heard here in this chamber today, all of
which has come from the heart, all of which is
genuine, and all of which is intended as not
merely as a tribute to his memory but a
tribute to you, to his family.
God bless you.
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Thank you, Madam
3963
President.
All my colleagues have spoken very
eloquently about John Daly, Senator John Daly,
and I suspect anybody in this chamber who
served with John Daly would have an
interesting story to tell about him.
I think that when I first came into
the Assembly in 1987, John Daly was an
individual who greeted me, who said, Welcome,
Pat, if I can do anything to help you, please
let me know. And I did. I called on John on
many, many occasions as a member of the
Assembly. I called on John as a Senator to
help me on many, many occasions, and he was
always there for me.
I will also say that as a member of
the Legislature from western New York, John an
I frequently met as we passed on our way to
Albany. I think there were times when we got
to Albany by route of Newark and by
Washington, D.C. because the planes of course
would change a little bit of distance, but I
always knew that when I got down to Albany
John Daly would say to me, why don't you come
down, why don't you come down and have a
3964
sandwich or something and watch the ball game
because he was a great football fan and that's
what he used to do when he was down here on
Sunday afternoons, was watch the football
game. I thought that was absolutely great and
wonderful. You know, I think that when he was
the Commissioner of DOT I could go to him for
any kind of a question and he would help me
with all the help and the things that had to
do with transportation, but I think I bring to
this chamber another side of John Daly that
most people don't know. John Daly was my
landlord. And John Daly was my landlord for
probably the last eight years. And really
probably one of the best landlords I ever had
because I would up and say, ha, John, I have
this problem, and he was right there, he was
right there.
He was a person who fought and
cared about people. There is no question that
each and every one of us will miss him. He was
a great friend and I truly will miss him. So
to you I say my deepest sympathies. We will
all miss him.
THE PRESIDENT: Senator
3965
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
Senator Skelos mentioned a couple
of minutes ago that John Daly was fond, during
the politics or during debate, of lobbing one
of those little hand grenades. I am one of
the guys who caught those hand grenades,
Senator, and I want to tell his family, I am
better for it. Let me did he tell you why.
John Daly could though a good
political punch with one of the those big, big
political boxing gloves, but he never had a
fist in it. He always had a point to make.
He always had a point of view that he wanted
to impress upon you. You might not
necessarily agree with him, but there was a
consistency to his point of view that even
though many times on this floor I sparred with
him over those issues, I came to respect a
great deal.
And for his family I would simply
ask you to do one thing before you leave the
third floor. In the lounge there is a picture
of the New York State Senate. We get it taken
3966
every year, but the picture in the lounge I
believe is from 1938. And on the wall outside
the chamber there is actually a portrait of
the New York State Senate from more than 100
years ago.
I would ask you to look at those
two pictures and think of John Daly in them
because its seems to me that the one brilliant
thing about this democracy is our ability to
bring good people into it, to have them make a
contribution, to participate in the life of
government, to participate in the life of the
people's business, which for some reason has
become that notorious word that is uttered
under everybody's breath when they say that
they are a politician, a man of the people, a
person of the people.
John Daly was a politician. He was
a man who knew about people. He knew what
motivated people. He knew what they wanted.
A tremendous, tremendous talent.
And I would just suggest to you
that when you look at either that portrait on
the outside wall or the picture in the lounge,
think for a minute and realize that a hundred
3967
years from now people may not remember who
John Daly was. His family will. But they
will always remember what he stood for. That
idea that we took from de Tocoqueville, that
in this country we would take ordinary people
and give them the ability to govern others in
their wisdom and judgment.
John Daly had judgment, he had
wisdom, and both of those attributes that we
celebrate here today are still, still the
hallmark of democracy of this state and this
nation.
You gave up your husband, your
father, your friend. And not only are we
better for it, as George Maziarz says,
democracy is better for it.
THE PRESIDENT: Senator Mendez.
SENATOR MENDEZ: Madam President,
I also rise to say a few words about my very
good dear friend John Daly. And his wife and
his children that are here today, we know that
you loved the man very, very much so. And you
did without him because he was so committed to
public life when in the same fashion you know
that there are many, many people in this
3968
chamber that have the greatest, have great
affection and respect for him.
I for one admire his wit. I admire
his knowledge and once I have to say this, I
had a problem with a constituent of mine who
had a son that was working in his district as
a farm worker. The young man had a problem
and was arrested unfairly as I was told. Let
me assure you, I just had to call once his
office. His marvelous staff that also adored
and respected him, acted quickly and well and
they resolved the problem. He was a man that
joie de vivre. The best parties in Saint
Patrick's Day that I have ever attended were
right here in the Capitol Building and they
were magnificent.
So we are all sure that he is
resting in peace. He was a good Catholic, a
good man, and great Senator. And if the
extent of love that the staff and family has
for his Senator is a measure of it John Daly
was then and is the best Senator that there
ever was.
So, thank you, Madam President.
And it is welcome, welcome, and welcome.
3969
THE PRESIDENT: Senator
Stachowski.
SENATOR STACHOWSKI: Briefly
because just about everything was said about
John already, obviously his accomplishments in
energy and the environment were of great
magnitude.
I was on the Commission of
Hazardous and Toxic Waste with him and it was
the one commission that I have ever served on
that really put out a lot of good pieces and I
think it was because of John and the great
people that he had working for him and the
enjoyment they actually got out of working on
these complicated issues and all the things
they got done.
But as much as we miss John on the
floor, people like me miss John the most on
days like last Saturday, because I spent a lot
of days with John at the track. We would be
at Belmont together for the Belmont Stakes.
We would be in Saratoga for the Travers. We
would be at some -- of the Breeder's Cup was
in New York we might be there, but otherwise
as fate would have it, western New York being
3970
as large as it is and with so many places to
go to watch the Breeder's Cup often times John
and I would end up in the same place and we
would spend the day talking a little business,
mostly talking about how much we both enjoyed
this institution, not so much everything that
gets done here, but the institution itself.
And we would also bet horses. I would think
that if John were there Saturday he probably
would have had Lemon Drop Kid because that was
the kind of horse that John bet. I didn't
especially relish winning four dollars, he
liked to win big dollars. That was the kind
of horse that would give him big dollars. And
I would have thought we would have had a
Triple Crown winner in the year that John
passed on, but I think that that is not where
he put his sporting interests while he is up
in a position to have some influence. I think
that the fact that horse didn't win bodes very
well for the Sabers in the Stanley Cup because
apparently that is where John has all his
interests and should be an easy decision for
anybody that knows how important the Sabers
were to him, not so much because he liked the
3971
hockey team, but because they were so
important to his daughter. And to see John
with his daughter at those occasions when we
would all be invited to a Sabers game made the
game that much better and made you respect
John that much more because you saw how
excited he would be for the fact that she
would be in this great position to enjoy the
team that she enjoyed so much.
So those were just a couple of the
memories that I wanted to pass on to add my
voice to the great respect and the great love
we all had for John Daly.
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN: I arrived in
the Senate Chamber the year after Senator
Maziarz so I never had the pleasure of working
with Senator Daly on the floor or off the
floor of the Senate. I did meet Commissioner
Daly when he was Commissioner of
Transportation and his involvement in
transportation issues in the state and with
ISTEA and I came to respect an individual of
great integrity, of powers of analysis and the
finest character traits.
3972
And I have to thank my colleagues
in the chamber today for bringing to my
perception and to me sitting here for almost
two hours, listening to discussions of a
dimension of a human being that I had not
known before, a very personalized dimension of
a man of great character, and a man who
enhanced this chamber, and a man whose vision
will always be with us as a guide in the
future.
Thank you.
THE PRESIDENT: Senator Johnson.
SENATOR JOHNSON: Madam
President, Ms. Daly and Rob and family, you
have heard what a great legislator your
husband and father was, what a great debater.
I will never remember, never forget rather,
during the years when I chaired the
Conservation Committee in the Senate how John
was on my committee and there was a tough
debate and he was in the middle of it on the
floor, he had a lot of questions, he had
answers if you did not and he really was a
fighter, a great fighter and a great friend.
He and I had many opportunities to
3973
discuss items and talk them over. He always
had some good common sense solutions to the
dilemma that I might have faced. I think one
thing that really struck me and people have
made remarks about John being Irish and being
proud of being Irish, I walked into his
apartment one day when he was having that
famous hot dog roast and I saw a book on the
counter and it said, How the Irish Saved the
World. I said, you know, John, I bought a
book like that for a staffer for Christmas and
I just glanced through it and I wish I would
have read it, it was very interesting. John
said, Here, take it, I have a couple more
copies and I want you to take this. I said,
no, I don't want to take it. He said, Take
it, take it. And I read it and it was really
enlightening. I mean, there are so many
things that I didn't know. You think as a
student of history and a student of the world
you think you know a lot, but you don't know
anything until you get into some of these
books and the insights into the Irish
character were very enlightening and the
culture and I can see why John was very, very
3974
proud of those qualities which he saw in that
book exemplified and certainly which he
exemplified personally in his own character.
He was a great guy. We will never
forget John Daly, a good friend and good
Senator and I would like to extend my
sympathies to you.
Thank you.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President.
It is with great pride and honor I
rise to add to my colleagues the long list
things that made John Daly a wonderful human
being, fine American, a wonderful public
servant.
It was 24 years ago that I had the
opportunity to first meet John Daly. I was a
law student and he was a fire brand
Assemblyman fighting for his district, rising
in debate, and I will never forget that first
night when I happen to be in the Assembly
chamber, to see him stand high among his
colleagues, fighting for the interests of
upstate New York.
3975
It was a few years after that that
John Daly took me under his wing and helped me
get elected to the State Senate. I had the
honor of working very closely with him as a
member of the Monroe County delegation to the
Senate, to the Legislature. John, although
having a small portion of the county was the
dean of our delegation. He worked tirelessly
on behalf of Monroe County and the western New
York region even though he from the furthest
point of the western part of the state. He
fought very hard for the Monroe County
interests on big project and little projects.
John was always there.
He taught me a great deal. I
worked closely with him and learned an awful
lot from him. I won't belabor personal
reminiscence and personal references to him,
but it certainly was an honor for me to follow
in his foot steps in representing the
interests of Monroe County. In all the issues
and debates that John was known for, all the
accomplishments as a Senator and as a
Commissioner of Transportation that he was
known for, certainly we will remember and
3976
honor. But my remembrances of John always
will be much more personal, whether it was at
a Bills football game that John helped bring
the Senators together and watch the game
together, whether it was with a fishing pole
on the Niagara River and Lake Ontario, whether
it was with a golf club, John was always a
great friend, always one that extended himself
to have very warm relationships with his
colleagues.
Those are the most important
remembrances that I will have of John Daly and
remembrances that I will never, never forget.
It is a true honor to have served
with John and I wish him Godspeed.
THE PRESIDENT: Senator Leibell.
SENATOR LEIBELL: Thank you,
Madam President.
There is not a great deal that I
can add here this afternoon to what has
already been said, but during the winter when
I was laid up for a few weeks with a broken
ankle I tried quite a few times to get through
to John at his home to see how he was doing
and one day I did get through to him. He had
3977
so many friends his phone was always busy, but
I knew that as many of us did, that John was
seriously ill. I was amazed, here I was with
just a broken ankle, how uplifting he was, and
in what good spirits he was and how
comfortable he felt about himself and his
life.
We all know and certainly his
family knows that we have been graced by his
presence. It is sad to lose a man of such
character and quality, intelligence and wit,
but we are all better for having served with
him, known him and loved him.
THE PRESIDENT: Are there any
other members who wish to speak on this
resolution?
Hearing no other members, I will
now call on Senator Stafford to close.
SENATOR STAFFORD: Madam
President, John's family, last Saturday I was
in the southern part of the state. There were
about 85,000 people there looking like
185,000. It was in the County of Nassau. I
certainly wouldn't tell you where I was, but
it was in the paper the couple days and there
3978
was a thoroughbred injured at the time.
I stepped out of the car and, one
of those 85,000 people who served with John
and me in the administration I, certainly
would not tell you who that was either, but
together we said we have got somebody missing
today. And we thought it together and we said
it together and we certainly did.
And we missed and we'll continue to
miss him.
John and I always debated whether
the fish were better in Lake Champlain and the
Ausable or the Niagara River and the Great
Lakes and John always won.
And I would finally say, Madam
President, people have spoken so eloquently
and so well that I remember a number of years
ago, and it was a number of year ago when Earl
Brydges told me who was running for Assembly
in his district. And when John came to the
Assembly how pleased Earl Brydges was. And
Earl said at the time, he told a group of us,
and by the way, we were fishing, it is very
apropos, and he said, you know, there won't be
a harder worker, John will speak up, he said,
3979
and finally, he said, John also knows how to
enjoy himself. And how right Earl Brydges
was.
John did a tremendous job here in
Albany and we are certainly fortunate. It has
been said so many times, and it should be said
over and over again because it is true. We
are all better, the state is better, and we
thank John's family for sharing him.
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 Fuschillo.
SENATOR FUSCHILLO: Madam
President, is there any housekeeping at the
desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR FUSCHILLO: Can we take
it up now?
3980
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
Madam President, on behalf Senator
Nozzolio, I move to amend Senate Bill Number
4559-B, by striking out the amendments made on
June 2nd and restoring it to its previous
Print Number 4559-A.
THE PRESIDENT: So ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: There will be
an immediate meeting of the Finance Committee
in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
On behalf of Senator Maltese, on
page number 28, I offer the following
amendments to Calendar Number 697, Senate
Print Number 2824, and ask that said bill
retain its place on the Third Reading
Calendar.
3981
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
SENATOR MEIER: On behalf of
Senator LaValle, I offer the following
amendments to Calendar Number 458, Senate
Print Number 2990-C, and ask that said bill
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
SENATOR MEIER: On behalf of
Senator Fuschillo I wish to call up his bill,
Print Number 3879, recalled from the Assembly
which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
719, by Senator Fuschillo, Senate Print 3879,
an act authorizing the assessor of the county
of Nassau.
SENATOR MEIER: Madam President,
I now move to reconsider the vote by which
this bill was passed.
3982
THE PRESIDENT: The Secretary
will call the role upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendment is
received.
SENATOR MEIER: Finally, Madam
President, on behalf of Senator Lack, I wish
to call up Calendar Number 879, Assembly Print
Number 7459.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
879, by Member of the Assembly Weinstein,
Assembly Print 7459, an act to amend the
Uniform Commercial Code.
SENATOR MEIER: I now move to
reconsider the vote by which the Assembly Bill
was substituted for Senator Lack's bill,
Senate Print Number 5141, on June 2nd.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
3983
(The Secretary called the roll. )
THE SECRETARY: Ayes 58.
SENATOR MEIER: I now move that
Assembly Bill Number 7459 be committed to the
Committee on Rules and that the Senate Bill be
restored to the order of the Third Reading
Calendar.
THE PRESIDENT: So ordered.
SENATOR MEIER: I now offer the
following amendments.
THE PRESIDENT: The amendment is
received.
SENATOR MEIER: Even though I
said finally, Madam President, once and for
all, on behalf of Senator Farley, on page
number 51, I offer the following amendments to
Calendar Number 1042, Senate Print Number
3555, and ask that said bill its place on the
Third Reading Calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
SENATOR MEIER: Thank you, Madam
President.
THE PRESIDENT: Senator
3984
Fuschillo.
SENATOR FUSCHILLO: Madam
President, are there any substitutions?
THE PRESIDENT: Yes, there are
Senator.
SENATOR FUSCHILLO: Please make
them at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 59,
Senator Volker, moves to discharge from the
Committee on Rules, Assembly Bill Number 7102,
and substitute it for the identical Third
Reading Calendar 1149. And on page 59,
Senator Hannon, moves to discharge from the
Committee on Rules, Assembly Bill Number 7964,
and substitute it for the identical Third
Reading Calendar, 1153.
THE PRESIDENT: The substitutions
are ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, at this time can we take up the
non-controversial calendar, please.
THE PRESIDENT: The Secretary
3985
will read.
THE SECRETARY: Calendar Number
97, by Senator Spano, Senate Print 1372, an
act to amend the Labor Law, in relation to the
maintenance of payroll records.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
343, by Member of the Assembly Vitaliano,
Assembly Print Number 4062, an act to amend
Chapter 695 of the Laws of 1994.
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: Aye 58.
3986
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
523, by Senator Stafford, Senate Print 3832,
an act to amend the Executive Law, in relation
to deleting.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
600, by Senator Leibell, Senate Print 4545-A,
an act to amend Chapter 41 of the Laws of
1997, relating to providing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
3987
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
643, by Senator Rath, Senate Print 674-A, an
act to amend the Family Court Act, in relation
to definition of a person in need of
supervision.
THE PRESIDENT: Read the last
section.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside, Senator Paterson.
THE SECRETARY: Calendar Number
669, by Senator Farley, Senate Print 3554, and
act to amend the Banking Law in relation to
voluntary and involuntary liquidation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 17. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
3988
passed.
THE SECRETARY: Calendar Number
686, by Senator Bonacic, Senate Print 3905-B,
an act to amend Chapter 555 of the Laws of
1989.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
777, by Senator Trunzo, Senate Print 4604, an
act to amend the Highway Law, in relation to
designating.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 48.
3989
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
799, by Senator Skelos, Senate Print 4770, an
act to amend the General Business Law, in
relation to articles of bedding.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect in 120 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Maltese recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
854, by Member of the Assembly DiNapoli,
Assembly Print 4890, an act to amend the
Education Law, in relation to absentee
ballots.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Sections 3. This
3990
act shall take effect on the first day of
July.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed. Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
The Secretary will read.
THE SECRETARY: Calendar Number
865, by Senator DeFrancisco, Senate Print 556,
an act to amend the Judiciary Law, in relation
to punishments and commitment.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
3991
(The Secretary called the roll. )
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
876, by Senator Bonacic, Senate Print 4937, an
act to amend the Real Property Actions and
Proceedings Law, in relation to as special
procedure.
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 57, nays
one. Senator Schneiderman recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
891, by Senator Trunzo, Senate Print 4411, an
act to amend the Vehicle and Traffic Law, in
3992
relation to civil penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
918, by Member of the Assembly Magee, Assembly
Print 6421, an act to amend Chapter 668 of
Laws of 1977.
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 58.
THE PRESIDENT: The bill is
passed. And for the record, Calendar Number
3993
854, Senate Bill 2774, that bill is passed.
The Secretary will read.
THE SECRETARY: Calendar Number
939, by Senator Skelos, Senate Print 982-A, an
act to amend the Public Health Law and the
Education Law, in relation to requiring.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
958, by the Assembly Committee on Rules,
Assembly Print Number 8072, an act to amend
Chapter 521 of the Laws of 1994.
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.)
3994
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
959, by Senator Hannon, Senate Print 5077, an
act to direct the Department of Health,
Education Department and the Insurance
Department.
SENATOR PATERSON: Lay the bill
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
999, by Senator Volker, Senate Print 5528, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to criminal
possession.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
3995
one. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed. Senator Duane, why do you rise?
SENATOR DUANE: Madam President,
I would like unanimous consent to be recorded
in the negative on Calendar Number 876, Bill
Number 4937. And I believe I think I
misunderstood, 918 has gone? I thought you
said that was Magee. Was that on the
calendar? Did you call 918, S-4881?
THE PRESIDENT: Senator that bill
is 891, not 918. And you will be so recorded
in the negative. Is that your request,
Senator?
SENATOR DUANE: I would like to
be recorded no on 876, 891, and 918.
THE PRESIDENT: You will be so
recorded as voting in the negative on both of
those bills.
SENATOR DUANE: Thank you, Madam
President. The three bills.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1004, by Member of the Assembly Sanders,
3996
Assembly Print 741, an act to amend the
Alcoholic Beverage Control Law, in relation to
requiring.
SENATOR HEVESI: Lay the bill
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1011, by Senator Skelos, Senate Print 2883, an
act to amend the Tax Law, in relation to
providing.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1023, by the Assembly Committee on Rules,
Assembly Print 8337, an act to amend Chapter
674 of the Laws of 1993.
THE PRESIDENT: Read the last
3997
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1072, by Senator Marchi, Senate Print 2040, an
act to amend the Mental Hygiene Law, in
relation to prohibiting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1089, by Senate Alesi, Senate Print 85, an act
to amend the Correction Law, in relation to
making it a Class A misdemeanor.
3998
THE PRESIDENT: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Madam
President, is Bill 1072 still in the house.
THE PRESIDENT: Senator, we are
on the bill now.
SENATOR DOLLINGER: On 1072?
THE PRESIDENT: We are on 1089,
Senator.
SENATOR DOLLINGER: Can we ask
that 1071, has the vote already been taken on
that?
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 58.
THE PRESIDENT: The bill is
passed.
SENATOR DOLLINGER: Madam
President with respect to -
THE PRESIDENT: Senator Dollinger
3999
why do you rise?
THE PRESIDENT: With respect to
Calendar Number 1072, there is a question from
Senator Montgomery and I believe and others on
1072. We have a question. We would ask for
reconsideration of that bill and ask that upon
reconsideration it be laid aside, if it is
still in the house? Move for reconsideration.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
THE SECRETARY: Calendar Number
1072, by Senator Marchi, Senate Print 2040, an
act to amend the Mental Hygiene Law.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Madam
President, with respect to Calendar Number
999, I would ask whether it is still in the
house? Senator Montgomery had a question on
the bill. We would ask to move for
reconsideration on that bill to allow -
THE PRESIDENT: That bill is out
of the house, Senator Dollinger.
4000
SENATOR DOLLINGER: It is already
gone?
THE PRESIDENT: Yes, Senator.
Senator Montgomery, why do you rise?
SENATOR MONTGOMERY: Madam
President, I would like to be recorded in the
negative on Calendar 999.
THE PRESIDENT: You may be so
recorded, Senator Montgomery, as voting in the
negative on Calendar 999.
SENATOR MONTGOMERY: Yes.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1090, by Senator Larkin, Senate Print 170, an
act to amend the General Municipal Law, the
State Finance Law and the Municipal Home Rule
Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
4001
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1093, by Senator Johnson, Senate Print 812, an
act to amend the Real Property Tax Law, in
relation to providing.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1094, by Senator LaValle, Senate Print 1198,
an act in relation to the Long Island suburban
highway.
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.)
4002
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1096, by Senator Wright, Senate Print 1226, an
act to amend the Tax Law, in relation to
adding mining and extraction.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1098, by Senator Padavan, Senate Print 1993,
and an act to amend the Penal Law, in relation
to theft.
SENATOR MONTGOMERY: Lay it
aside, please.
THE PRESIDENT: The bill is laid
4003
aside.
THE SECRETARY: Calendar Number
1099, by Senator Marchi, Senate Print 2041, an
act authorizing the City of New York to
reconvey its interests.
THE PRESIDENT: Read the last
section.
There is a home rule message at the
desk. Read the last section.
THE SECRETARY: Sections 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1103, by Member of the Assembly Luster,
Assembly Print 839, an act to amend the
Vehicle and Traffic Law and General Business
Law, in relation to standards.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect 120 days.
4004
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1104, by Senator Farley, Senate Print 3237, an
act to amend the Social Services Law, in
relation to requiring.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1105, by Senator Lack, Senate Print 3250-A, an
act to amend the Tax Law, in relation to
extending.
SENATOR DOLLINGER: Lay the bill
aside.
THE PRESIDENT: The bill is laid
4005
aside.
THE SECRETARY: Calendar Number
1106, by Senator McGee, Senate Print 3327, an
act to amend the Highway Law, in relation to
the state arterial highway.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1108, by Senator Libous, Senate Print 3589-A,
an act to amend -
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1109, by Senator Rath, Senate Print 4608, an
act to amend the Executive Law, in relation to
requiring.
THE PRESIDENT: Read the last
4006
section.
THE SECRETARY: Section 2. This
act shall take effect immediately
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1111, by Senator Alesi, Senate Print 182, an
act to amend the Correction Law, in relation
to work release programs.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1112, by Member of the Assembly Davis,
Assembly Print Number 3007, an acted
authorizing the City of New York to reconvey
4007
its interest.
THE PRESIDENT: There is a home
rule message at the desk. 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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1113, by Senator LaValle, Senate Print 2079,
an act to amend the State Finance Law, in
relation to references.
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 SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
4008
1114, by Senator Skelos, Senate Print 2294-A,
an act to amend the Insurance Law, in relation
to requiring?
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1116, by Senator Velella, Senate Print 2413,
an act to amend the Penal Law, in relation to
loitering.
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 57, nays
one. Senator Duane recorded in the negative.
4009
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1117, by Senator Johnson, Senate Print 3212,
an act to amend the General Business Law, in
relation to the submission.
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 57, nays
one. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1118, by Senator Marchi, Senate Print 3607, an
act to amend the Business Corporation Law and
others, in relation to technical corrections.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 53. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
4010
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1119, by Senator Wright, Senate Print 3652-A,
an act to amend the Vehicle and Traffic Law,
in relation to the maximum speed limit.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1120, by Senator Rath, Senate Print 3886, an
act to amend the Tax Law, in relation to
extending.
SENATOR DOLLINGER: Lay the bill
aside.
THE PRESIDENT: The bill is laid
aside, Senator.
4011
THE SECRETARY: Calendar Number
1121, by Member of the Assembly Green,
Assembly Print 7053, an act authorizing the
City of New York to reconvey its interests.
THE PRESIDENT: There is a home
rule message at the desk. 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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1122, by Senator McGee, Senate Print 4313, an
act to amend the General Municipal Law, in
relation to establishing.
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 58.
4012
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1123, by Senator Saland, Senate Print 4332, an
act to amend the Penal Law, in relation to
custodial interference.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1125, by Senator Hoffmann, Senate Print 4368,
an act to amend the Agriculture and Markets
Law, in relation to fuel octane.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
4013
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1126, by Senator Volker, Senate Print 4375-A,
an act to amend the Penal Law, in relation to
trespass.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed. Senate Montgomery why do you rise?
SENATOR MONTGOMERY: Madam
President, I would like to be recorded in the
negative on Calendar Number 1117.
THE PRESIDENT: Senator
Montgomery, you will be so recorded as voting
in the negative.
The Secretary will read.
4014
THE SECRETARY: Calendar Number
1127, by Senator Wright, Senate Print 4552, an
act to amend the Vehicle and Traffic Law, in
relation to creating.
SENATOR HEVESI: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1129, by Senator Kuhl, Senate Print 4632, an
act to amend Chapter 78 of the Laws of 1989.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1130, by Senator Hannon, Senate Print 4695, an
act to amend Chapter 165 of the Laws of 1991.
THE PRESIDENT: Read the last
section.
4015
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1131, by Senator Hannon, Senate Print 4871, an
act to amend Chapter 804 of the Laws of 1992.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1132, by Senator Fuschillo, Senate Print
4974-A, an act in relation to authorizing the
County of Nassau.
THE PRESIDENT: There is a home
rule message at the desk. Read the last
4016
section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1134, by Senator Trunzo, Senate Print 5021-A,
an act authorizing the Town of Islip, County
of Suffolk, to transfer certain lands.
THE PRESIDENT: There is a home
rule message at the desk. Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1135, by Senator DeFrancisco, Senate Print
5083, an act to amend the Town Law, in
4017
relation to the establishment.
THE PRESIDENT: Read the last
section. There is a home rule message at the
desk. 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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1136, by Senator Nozzolio, Senate Print 5101,
and act to authorize the State of New York,
acting through the Office of General Services
to transfer and convey.
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 58
THE PRESIDENT: The bill is
passed.
4018
THE SECRETARY: Calendar Number
1137, by Senator Rath, Senate Print 5259 an
act to amend the Town Law, in relation to
allowing.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1139, by Senator Wright, Senate Print 5582, an
act to amend the Alcoholic Beverage Control
Law and others, in relation to the sale of
alcohol and tobacco products.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect June one.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
4019
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1141, by Senator Stafford, Senate Print 733,
an act to amend Chapter 466 of the Laws of -
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1142, by Senator Balboni, Senate Print 860, an
act to amend the Vehicle and Traffic Law, in
relation to aggravated unlicensed operation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Sections 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator DeFrancisco recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
4020
1143, by Senator Johnson, Senate Print 1074,
an act to amend the Public Authorities Law, in
relation to directing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect 180 days.
THE PRESIDENT: Call the roll
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1144, by Senator Nozzolio, Senate Print
2205-B, an act to amend the Tax Law, in
relation to corporate acquisition.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays one
Senator Montgomery recorded in the negative.
4021
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1145, by Senator Maltese, Senate Print 3260,
an act to amend the General Business Law, in
relation to advertisements on private
property.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56, nays 2.
Excuse me. Aye 55, nays 3. Senators
Dollinger, Kuhl and Larkin recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1146, by Senator Libous, Senate Print 3588, an
act to amend the Highway Law, in relation to
increasing the limitation.
THE PRESIDENT: There is a home
rule message at the desk. Read the last
4022
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1147, by Senator Maziarz, Senate Print 3665,
an act to amend the Vehicle and Traffic Law,
in relation to authorizing villages.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56, nays 2.
Senators Kuhl and Larkin recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1148, by Senator Nozzolio, Senate Print 4303,
4023
an act to amend the Village Law, in relation
to the residency requirement.
THE PRESIDENT: Read the last
section.
There is a home rule message at the
desk. 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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1149, substituted earlier today by Member of
the Assembly Englebright, Assembly Print
Number 7102, an act to amend the Correction
Law, in relation to distributing.
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.
4024
THE PRESIDENT: Senator Duane, to
explain your vote. Why do you rise, Senator
Duane?
SENATOR DUANE: I was going to
ask for unanimous consent to vote in the
negative.
THE PRESIDENT: Senator, you are
out of order. We have to finish this.
The Secretary will read.
THE SECRETARY: Ayes 56, nays 2.
Senators Duane and Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed. Senator Duane, why do you rise?
SENATOR DUANE: Madam President,
I would like to be recorded in the negative if
I could have unanimous consent on 1142, Bill
Number 860.
THE PRESIDENT: You will be so
recorded as voting in the negative, Senator
Duane.
Senator Markowitz, why do you rise?
SENATOR MARKOWITZ: Thank you,
Madam President.
Last week I was out of the chamber
4025
and would have voted on Calendar Number 885, I
missed that vote, but I would like the record
to reflect that had I been in the chamber I
would have voted in the negative on Calendar
885.
THE PRESIDENT: The record will
so reflect that, Senator.
The Secretary will read.
THE SECRETARY: Calendar Number
1150, by Senator Bonacic, Senate Print 4471-A,
an act in relation to -
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1151, by Senator Balboni, Senate Print 4631,
an act to amend the Education Law, in relation
to increasing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
4026
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1152, by Senator Volker, Senate Print 4659, an
act to authorize the Office of General
Services to sell, transfer and convey.
THE PRESIDENT: There is a home
rule message at the desk. 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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1153, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 7964, an act to amend Chapter 483 of
the Laws of 1978.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
4027
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1154, by Senator Saland, Senate Print 4728, an
act to amend the Tax Law, in relation to
extending.
THE PRESIDENT: Read the last
section.
SENATOR BRESLIN: Lay the bill
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1155, by Senator Skelos, Senate Print 4928, an
act to amend the Public Authorities Law, in
relation to authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
4028
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Dollinger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1156, by Senator McGee, Senate Print 4952-A,
an act to amend the Vehicle and Traffic Law,
in relation to requiring.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1157, by Senator Trunzo, Senate Print 5016, an
act authorizing the Department of
Transportation to conduct a feasibility study.
THE PRESIDENT: Read the last
4029
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1158, by Senator Skelos, Senate Print 5074-A,
an act to amend the Civil Rights Laws, in
relation to requiring.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 60 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Meier recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1159, by Senator DeFrancisco, Senate Print
5139-A, an act in relation to adjusting
4030
certain state aid payments.
THE PRESIDENT: There is a local
fiscal impact note at the desk. 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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1160, by Senator LaValle, Senate Print 5175,
an act authorizing the trustees of Eastern
Suffolk Board of Cooperative Educational
Services.
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 58.
THE PRESIDENT: The bill is
passed.
4031
THE SECRETARY: Calendar Number
1161, by Senator Kuhl, Senate Print 5205, an
act to amend the Education Law, in relation to
the calculation.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1162, by Senator Rath.
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1163, by Senator Marcellino, Senate Print
5402, an act to amend the Environmental
Conservation Law, in relation to prohibiting.
THE PRESIDENT: Read the last
section.
4032
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1164, by Senator Skelos, Senate Print 5434, an
act to amend the Vehicle and Traffic Law, in
relation to the appointment.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1165, by Senator McGee, Senate Print 5560, an
act to amend the Vehicle and Traffic Law and
others, in relation to standards.
4033
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1166, by Senator Volker, Senate Print 5567, an
act to amend the Executive Law, in relation to
the DNA identification index.
THE PRESIDENT: Read the last
section.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1168, by Senator Saland, Senate Print 5583,
an act to amend the Criminal Procedure Law and
the Executive Law, in relation to entry of
orders of protection.
4034
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1169, by Senator Alesi, Senate Print 5588, an
act to amend the General Business Law, in
relation to examinations.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall effect January 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1170, by Senator Volker, Senate Print 5598, an
4035
act to amend the Civil Practice Law and Rules,
in relation a civil case records.
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 57, nays
one. Senator DeFrancisco recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1171, by Senator Maziarz.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1172, by Senator Rath, Senate Print 5637, an
acted to authorize the City of Tonawanda to
discontinue the use of certain lands.
THE PRESIDENT: There is a home
rule message at the desk. Read the last
section.
4036
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1173, by Senator Maziarz, Senate Print 5659,
an act to amend the Chapter 779 of the Laws of
1986.
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 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1174, by Senator Goodman, Senate Print 5671.
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
4037
aside for the day.
THE SECRETARY: Calendar Number
1175, by Senator Saland, Senate Print 5677, an
act to amend the Criminal Procedure Law and
the Family Court Act, in relation to the
election.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58
THE PRESIDENT: The bill is
passed. Senator Skelos, that completes the
reading of the non-controversial calendar.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there is a report of the
Finance Committee at the desk. I ask that it
be read.
THE PRESIDENT: The Secretary
will return to reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
4038
from the Committee on Finance, reports the
following bills:
Senate Print 5801, by the Senate
Committee on Rules, an act to amend Chapter 15
of the laws of 1999;
5802, by the Senate Committee on
Rules, an act making appropriations for the
support of government; and
5803, by the Senate Committee on
Rules an act to authorize financing for
certain local highway and bridge projects.
All bills ordered direct for third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up Calendar Number 1176,
Senate 5801.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1176, by the Senate Committee on Rules, Senate
Print 5801, an act to amend Chapter 15 of the
4039
Laws of 1999, making appropriations for the
support of government.
SENATOR SKELOS: Madam President,
is there a message of appropriation at the
desk?
THE PRESIDENT: Yes, there is,
Senator Skelos.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: The motion is to
accept the message of appropriation. All in
favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
SENATOR SKELOS: Madam President,
could we wait a minute. The bill is being
distributed.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
4040
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed.
SENATOR SKELOS: Madam President,
if we could take up Calendar Number 1177,
Senate 5802.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1177, by the Senate Committee on Rules, Senate
Print 5802, an act making appropriations for
the support of government.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Is there a
message of appropriation at the desk.
THE PRESIDENT: Yes, there is,
Senator Skelos.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: The motion is to
accept the message of appropriation. All
those in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
4041
(No response. )
THE PRESIDENT: The message of
appropriation is accepted.
Senator Skelos. Read the last
section.
THE SECRETARY: Section 48. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Dollinger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
SENATOR MONTGOMERY: Senator
Montgomery, why do you rise?
SENATOR MONTGOMERY: Number 5801,
is that the one we are voting on?
THE PRESIDENT: We're voting on
5802, Senator Montgomery.
The Secretary will announce the
results.
THE SECRETARY: Ayes 56, nays
two. Senators Dollinger and Seabrook recorded
in the negative.
4042
THE PRESIDENT: The bill is
passed. Senator Montgomery why do you rise?
SENATOR MONTGOMERY: Yes, Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar 5801.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the negative on 5801.
SENATOR MONTGOMERY: Thank you.
THE PRESIDENT: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: May I also
have unanimous consent to be recorded in the
negative on Senate Bill 5801.
THE PRESIDENT: Senator
Dollinger, you will be so recorded as voting
in the negative on Senate 5801.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up Calendar Number 1178,
Senate 5803.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1178, by the Senate Committee on Rules, Senate
4043
Print 5803, an act to authorize financing for
certain local highway and bridge projects.
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 58.
THE PRESIDENT: The bill is
passed. Senator Stafford. The Secretary will
read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
Members of the New York State
Energy Research and Development Authority,
Thomas J. Marusak of Loudonville and Parker D.
Mathusa of Delmar.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Thomas J. Marusak and
Parker D. Mathusa as members of the New York
4044
State Energy Research and Development
Authority.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
confirmed.
THE SECRETARY: As a member of
the Central New York Regional Transportation
Authority, Dennis T. Cleary of Manlius.
THE PRESIDENT: Senator Stafford
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Dennis T. Cleary as a
member of the Central New York Regional
Transportation Authority. All those in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response. )
THE PRESIDENT: The confirmation
is confirmed.
The Secretary will read.
4045
THE SECRETARY: As a member of
the New York State Housing Finance Agency,
Paul Jones of Armonk.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the nomination of Paul Jones as a member of
the New York State Housing Finance Agency.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response. )
THE PRESIDENT: The nominations
is confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Directors of the Great Lakes
Protection Fund, Harold G. Hibbard of
Lewiston.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Harold G. Hibbard as a
4046
Member of the Board of Directors of the Great
Lakes Protection Fund. All in favor signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The nomination is
confirmed. The Secretary will read.
THE SECRETARY: As a member and
chairperson of the Freshwater Wetlands Appeals
Board, Rhonda K. Amoroso, Esquire, of Garden
City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Rhonda K. Amoroso as a
member and chairperson of the Freshwater
Wetlands Appeals Board. All in favor signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The nomination is
confirmed. The Secretary will read.
4047
THE SECRETARY: As members of the
Board of Trustees of the State University of
New York College of Environmental Science and
Forestry, Edward J. Heinrich of Marcellus and
Robert E. Moses of Marietta.
THE PRESIDENT: The question is
on the confirmation of Edward J. Heinrich and
Robert E. Moses as members of the Board of
Trustees of the State University of New York
College of Environmental Science and Forestry.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The nominations
are confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Lake George Park Commission, James B. Neal
of Silver Bay.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of James B. Neal of Silver
4048
Bay as a member of the Lake George Park
Commission. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The nomination is
confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Directors of the New York
Convention Center Operating Corporation, John
R. Cashin, Esquire, of Brooklyn.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of John R. Cashin as a
member of the Board of Directors of the New
York Convention Center Operating Corporation.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The nomination is
4049
confirmed.
THE SECRETARY: As a member of
the State Council on the Arts, Karen LeFrak of
New York City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Karen LeFrak as a
member of the State Council on the Arts. All
in favor signify by saying aye.
(Response of "Aye".)
THE PRESIDENT: Opposed nay
(No response.)
THE PRESIDENT: The nomination is
confirmed.
The Secretary will read.
THE SECRETARY: As a members of
the New York State Hospital Review and
Planning Council, Bonnie Howard Howell of
Ithaca.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
4050
on the confirmation of Bonnie Howard Howell as
a member of the New York State Hospital Review
and Planning Counsel. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The nomination is
confirmed.
The Secretary will read.
THE SECRETARY: As a members of
the Council on Human Blood and Transfusions
Services, Dennis K. Galanakis, M.D., of Stony
Brook and David Lynn Wuest, M.D., of New York
City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Dennis K. Galanakis,
M.D., and David Lynn Wuest, M.D., as members
of the Council on Human Blood and Transfusions
Services. All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
4051
(No response.)
THE PRESIDENT: The nominations
are confirmed.
The Secretary will read.
THE SECRETARY: Senator Bruno
from the Committee on Rules, reports the
following bills:
Senate Print 726, by Senator
Volker, an act to amend the Criminal Procedure
Law and others.
937, by Senator Nozzolio, an act to
amend the Correction Law;
3906, by Senator Bonacic, an act to
amend the Public Authorities Law;
3907-A, by Senator Bonacic, an act
to amend the Public Authorities Law;
3922-B, by the Senate Committee on
Rules, an act to amend Chapter 272 of the laws
of 1991;
4010-A, by Senator Seward, an act
to amend the Tax Law;
4018, by Senator Velella, an act to
amend the Education Law;
4140, by Senator Goodman, an act to
amend the Tax Law.
4052
4154-A, by Senator Seward, an act
to amend the Insurance Law.
4622, by Senator Marchi, an act to
amend the Public Authorities Law and the
Environmental Conservation Law;
4642-A, by Senator Skelos, an act
to amend the Vehicle and Traffic Law;
4714, by Senate Johnson, an act to
amend the Vehicle and Traffic Law;
4724, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
4851-A, by Senator Bonacic, an act
to amend the Private Housing Finance Law;
5073, by Senator McGee, an act in
relation to requiring;
5401, by Senator Marcellino, an act
to amend the Environmental Conservation;
5552, by Senator Lack, an act to
amend the Court of Claims Act;
5572, by Senator Maltese, an act to
amend the Election Law;
5604, by Senator Volker, an act to
amend the Education Law;
5623-A, by Senator Alesi, an act to
authorize.
4053
5633, by Senator Libous, an act to
amend the Penal Law.
5641, by Senator Seward; an act to
amend the Real Property Law.
5663, by Senator Lack, an act to
authorize the Labobovitch Chi Center.
5682, by Senator Bruno, an act
authorizing the conveyance.
5688, by Senator DeFrancisco, an
act to amend the Vehicle and Traffic Law; and.
5706, by Senator Bonacic, an act to
amend the Penal Law.
All bills order direct for third
reading.
THE PRESIDENT: Without objection
all bills ordered direct to third reading.
Senator Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
THE PRESIDENT: The motion is to
accept the reports of the Rules Committee.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
4054
THE PRESIDENT: The report is
accepted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if you take up Calendar Number 1105, by
Senator Lack.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1105, Senator Lack, Senate Print 3250-A, an
act to amend the Tax Law, in relation to
extending the authority.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, we don't need an explanation on
this bill.
Senator Breslin, who was forced to
leave the chamber for a moment wanted to -
has a concern as to whether or not there are
home rule messages on these pieces of
legislation. And if Senator Lack would yield
for a question to let us know whether or not
there is a home rule message on this?
THE PRESIDENT: Senator, our
rules do not require a home rule message on
4055
these bills.
Senator Lack.
SENATOR LACK: Madam President,
nonetheless, you are absolutely right since
this is a tax of statewide consequence, no
home rule message is required, but Senator
Paterson, I am very happy to inform you that
indeed, yes, there is a home rule message from
Suffolk County indicating their interest,
Senator, that if indeed the state did grant
Suffolk the continuing right to impose as a
local option this state tax they indeed want
to continue it and do so and have duly filed
such a message with the State Senate. And
further, Madam President, the Suffolk County
Legislature has filed the required home rule
message with the Assembly, which does require
a home rule message for purposes of passage of
such legislation.
SENATOR PATERSON: Thank you,
very much, Senator. Thank you for that
answer.
THE PRESIDENT: Senator Paterson,
why do you rise?
SENATOR PATERSON: I wanted to
4056
thank Senator Lack for his answer and to just
point out that we are not questioning the -
Senator Breslin was not questioning the rules.
Senator Breslin was simply trying to determine
whether or not there is a home rule message.
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 56.
Senators Dollinger and Gentile
recorded in the negative.
THE PRESIDENT: The bill is
passed. Senator Seabrook.
SENATOR SEABROOK: Madam
President, with unanimous consent I would like
to be recorded in the negative on Calendar
Number 1150 and Senate Bill 5801.
THE PRESIDENT: Senator Seabrook,
you will be so recorded as voting in the
negative.
Senator Hevesi.
SENATOR HEVESI: Madam President,
4057
I rise to request unanimous consent to be
recorded in the negative on Calendar Number
1169, Senate Print 5588.
THE PRESIDENT: Senator Hevesi,
you will be so recorded as voting in the
negative.
SENATOR HEVESI: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
just as a point of information, Calendar
Number 1150, by Senator Bonacic, was laid
aside for the day.
THE PRESIDENT: Thank you,
Senator Skelos.
SENATOR SKELOS: If we can call
up Calendar Number 1108, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1108, by Senator Libous, Senate Print 3589-A,
an act to amend the Tax Law, in relation to
extending.
THE PRESIDENT: Senator Paterson,
why do you rise?
SENATOR PATERSON: We are
4058
interested on this bill as well, Madam
President, to learn whether or not there is a
home rule message.
SENATOR SKELOS: Senator
Paterson, if I could respond, Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: I have been
informed by learned counsel that a home rule
request has been received, although not
necessary for passage of the legislation.
SENATOR PATERSON: Thank you.
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 56, nays
two. Senators Dollinger and Gentile recorded
in the negative.
THE PRESIDENT: The bill is
passed.
SENATOR SKELOS: If you could
call up Calendar Number 1120, by Senator Rath.
THE PRESIDENT: The Secretary
4059
will read.
THE SECRETARY: Calendar Number
1120, by Senator Rath, Senate Print 3886, an
act to amend the Tax Law, in relation to
extending.
THE PRESIDENT: Senator Paterson,
why do you rise?
SENATOR PATERSON: Though not
necessary to pass this legislation, Madam
President, nonetheless the heart that is
always curious, the need to know, the
inquiring minds would like to know whether or
not there was a home rule message on this
legislation, and if Senator Rath would be
so -
THE PRESIDENT: Senator Rath.
SENATOR RATH: For the benefit of
the inquiring mind and the heart that needs to
know, yes.
THE PRESIDENT: Thank you,
Senator. Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
4060
THE SECRETARY: Ayes 56, nays
two. Senators Dollinger and Gentile recorded
in the negative.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Madam President,
I know that Senator Saland has been anxiously
awaiting this moment. Would you please call
up Calendar Number 1154, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1154, by Senator Saland, Senate Print 4728, an
act to amend the Tax Law, in relation to
extending the expiration.
THE PRESIDENT: Read the last
section.
Senator Paterson, why do you rise?
SENATOR SALAND: Madam President,
if I could anticipate -
THE PRESIDENT: Senator Saland.
SENATOR SALAND: -- Senator
Paterson's question.
SENATOR PATERSON: But wait a
minute.
4061
SENATOR SALAND: I don't want to
rain on your parade, Senator Paterson.
THE PRESIDENT: Senator Saland.
SENATOR PATERSON: As Karnack
would say, This is the last question.
THE PRESIDENT: Just a minute,
gentleman.
Senator Paterson, please wait for
the floor.
Thank you. Senator Saland.
SENATOR SALAND: I think Senator
Paterson knows the answer. I wonder if he
knows the date. I have a home rule message in
my hand dated May 12, from the Columbia County
Board of Supervisors in support of this
request.
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 56, nays
two. Senators Dollinger and Gentile recorded
in the negative.
4062
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Would you please
call up Calendar Number 959, by Senator
Hannon.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
959, by Senator Hannon, Senate Print 5077, an
act to direct the Department of Health,
Education Department and Insurance Department
to study public access.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: A brief
explanation, please.
THE PRESIDENT: Senator Hannon.
SENATOR HANNON: This would
require there be a study done, a short term
study, for public access for information
relating to physicians and other health care
professionals.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
4063
Madam President.
I really have no questions. We had
a chance to look at this bill in the Senate
Health Committee.
I have decided after looking at
this issue that I am going to vote against
this bill. And the reason for that, Madam
President, is that I think if you study the
information from Massachusetts, which two
years ago went to the physician a step ahead
of us, I think there is significant evidence
that physician profiling and additional
information made available to the public can
only be a good thing.
There is more information out in
the market place now about the conduct of
physicians, about professionals of all types;
attorneys, accountants, all have to face the
fact that information is available, that we
are in an information age and there is no
reason that I can see why the consumer, the
customer, shouldn't have access to that
information.
What I hope will actually happen,
and I haven't discussed this with the Chairman
4064
of the Senate Health Committee, but we'll
eventually get to all that information about
HMOs and we have already got it on hospitals.
The more information we have in place at least
until someone can convince me otherwise, it
seems the more information we have out for the
consuming public that has to make decisions
about who their physician is, the better off
we'll be.
I understand the Chair's concern
about moving very quickly in this area. I
know there are many physicians who are
enormously concerned about it, but I think the
time has come to make that step that says,
whatever the government knows about
physicians, whatever they know about
physicians privileges, whatever they know
about the physicians conduct, whatever the
government knows the public should have ready
access to.
So I respect the Chairman's
position. I am going to disagree with him at
this point. I know that that is where he is
eventually focused and moving in that
direction and I hope we get there if this bill
4065
passes. But at least at this point I am going
to beg to differ and I am going to vote
against this bill, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
one. Senator Dollinger recorded in the
negative.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
THE PRESIDENT: Yes, there is
Senator Skelos.
Senator McGee.
SENATOR McGEE: Madam President, on
page number 61, I offer the following
amendments to Calendar Number 1167, on behalf
of Senator DeFrancisco, Senate Print 5573, and
ask that said bill retain it place on Third
Reading Calendar.
4066
THE PRESIDENT: The amendments
are received and the bill will retain its
place on the Third Reading Calendar.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: Thank you,
Senator McGee.
Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business, I move we
adjourn until Tuesday, June 8th at 11:00 a.m.
THE PRESIDENT: There being no
further business, the Senate stands adjourned
until Tuesday, June 8th, 11:00 a.m.
(Whereupon, at 6:30 p.m., the
Senate adjourned.)