Regular Session - June 21, 1999
6393
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 21, 1999
3:20 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 repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: The invocation
today will be given by the Reverend Peter G.
Young, from Blessed Sacrament Church in Bolton
Landing, New York.
REVEREND YOUNG: Let us pray.
Dear God, we thank You for the
opportunity in this country to assemble here
in this Senate, to be able to, at any time and
at any place, to discuss the concerns with
these Senators. We are mindful that many in
our world do not enjoy such freedom.
And grant us the wisdom to carry
out the decision, within Your will, to be able
to carry on that good work here in our efforts
to try to make this a world with dignity and
sensitivity.
We ask You this now and forever.
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Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Saturday, June 19, the Senate met pursuant to
adjournment. The Journal of Friday, June 18,
was read and approved. On motion, the Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Madam President,
I move we adopt the Resolution Calendar in its
entirety.
THE PRESIDENT: The question is
on the adoption of the Resolution Calendar in
6396
its entirety. All those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The calendar is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there's a privileged resolution at
the desk by Senator Schneiderman. I ask that
the title be read and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Schneiderman, Legislative Resolution Number
2084, commending Don L. Sledge upon the
occasion of his designation for special honor
by the Chelsea Community Council, on July 25,
1999.
THE PRESIDENT: The question is
on the resolution. All those in favor signify
by saying aye.
(Response of "Aye.")
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THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room, and the Senate will stand at ease
pending the report of the Finance Committee.
THE PRESIDENT: There will be an
immediate meeting of the Senate Finance
Committee in the Majority Conference Room, and
the Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:23 p.m.)
(Whereupon, the Senate reconvened
at 3:57 p.m.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk. I ask that it
be read.
THE PRESIDENT: We will return
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now to reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As Executive Director of the
Consumer Protection Board, Debra Martinez, of
the Bronx.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Thank you,
Madam President.
This is something I so often say.
And as Senator Skelos just mentioned, another
day of fine appointments. And I think this is
a compliment to the Governor -- to the
Governor that we can say this. And believe
you me, today we can say it as strongly as we
ever have. And again, I compliment the
Governor on these fine appointments.
And it's a pleasure, for the first
nominee, Debra Martinez, to yield to Senator
Fuschillo.
Thank you.
THE PRESIDENT: Senator
Fuschillo.
6399
SENATOR FUSCHILLO: Thank you,
Madam President.
Thank you, Senator Stafford. I
truly agree with you, this is another day for
fine appointments throughout the state.
I had the pleasure last week of
meeting the nominee for the Executive Director
and Chairwoman of the Consumer Protection
Board, Debra Martinez. I am quite confident
that she will carry on with her predecessors
and find the balance necessary to protect
consumers as well as not overregulating
businesses. She has had a long and
distinguished career in public service, and
I'm confident that she will carry that
through.
I want to compliment the Governor
as well. I proudly second the nomination.
THE PRESIDENT: Senator Mendez.
SENATOR MENDEZ: I also arise to
congratulate the Governor for appointing
people highly qualified -
SENATOR SMITH: Her microphone
wasn't on.
SENATOR MENDEZ: Cut, cut. I'll
6400
start again.
I rise again to congratulate the
Governor for these wonderful appointments.
Ms. Debra Martinez is very well known in the
Puerto Rican and Hispanic communities
throughout New York City. She's held in high
esteem through her participation in community
affairs and, most of all, because she's a very
competent person we are all very proud of.
She comes to this committee
chairmanship with a history of excellent
managerial experience, and her work on behalf
of the consumers in the MTA does in fact
indicate that she'll do the same once she
becomes the commissioner.
So again, once more, I want to
congratulate the Governor for submitting these
wonderful appointments. And as a Puerto Rican
woman myself, I feel very proud of this Puerto
Rican woman that is competent, articulate, and
makes us all very, very proud.
Thank you, Madam President.
THE PRESIDENT: Do any other
members wish to be heard on this confirmation?
Hearing no other member, the
6401
question is on the confirmation of Debra
Martinez as Executive Director of the Consumer
Protection Board. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Debra Martinez is
hereby confirmed as Executive Director of the
Consumer Protection Board.
(Applause.)
THE PRESIDENT: And the Senate
acknowledges the presence of the Executive
Director and congratulates her, as well as the
presence of her sister Kim, her mother,
Gladys, her aunt Elba, her niece Ariel, and
her nephew Rick. Congratulations.
The Secretary will read.
THE SECRETARY: As a member of
the Adirondack Park Agency, Richard H.
Lefebvre, of Caroga Lake.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Madam
President, yielding to Senator Marcellino, I
think everyone knows I will take a poetic
6402
license -- I guess poetic license. I have
more than a passing interest in the Adirondack
Park. I'm very aware of the law being in
place. I realize it was placed there in a
democracy.
And I would only urge, and I know
he will do his level best to keep everyone in
mind when considering the issues before him.
And with that, our colleague who
does such fine work in the environment, I
yield to Senator Marcellino. Thank you, Carl.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Senator Stafford, Madam President.
I too would like to rise and thank
the Governor for this fine reappointment.
Mr. Lefebvre has served the Adirondack Park
Agency for one full term in that agency, and
has done well.
The agency impacts the lives of
everybody up in the Adirondacks. Their
concerns, their care for the environment is
well known. His care and his concern for the
environment and the people of the Adirondacks
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area is well known and well respected. He's
done one heck of the job. He's certainly made
all of our jobs a lot easier, because he's
always in constant communication, through the
legislative process and through the
Legislature, so that we know what they need,
and we try to supply them and support them in
every way, shape or form.
This is a fine appointment on the
part of the Governor. Mr. Lefebvre, as I said
earlier, has served well and will continue to
serve again for the betterment of the people
of New York State. We thank you.
THE PRESIDENT: The question is
on the confirmation of Richard Lefebvre, of
Caroga Lake, as a member of the Adirondack
Park Agency. All those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Richard H.
Lefebvre is confirmed as a member of the
Adirondack Park Agency.
Congratulations. And I'd like to
6404
acknowledge his presence here today with his
wife, Gay.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a member of
the New York State Employment Relations Board,
Carl A. Iovinella, of Ballston Spa.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: It's a
pleasure, a person who is familiar to all of
us on this fine nomination, as the others are,
I yield to Senator Spano.
THE PRESIDENT: Senator Spano.
SENATOR SPANO: Thank you,
Senator Stafford and Madam President.
As the chairman of the Labor
Committee in the Senate, we've had the
opportunity to review the credentials of Carl
Iovinella. But we did not need to look too
far to know of the fine work that he has
continued since 1995, working for the Senate
and working for Senator Bruno and all the
members of this Senate.
And he has got the perfect type of
6405
attentive temperament to be able to put in
place his experiences in the private sector as
well as his experiences as a dedicated member
of the staff of the Senate Majority.
So I commend Senator Bruno and
certainly the Governor for presenting us with
the name of Carl Iovinella to serve as a
member of the New York State Employment
Relations Board. And it's my pleasure to
second that nomination.
THE PRESIDENT: The question is
on the confirmation of Carl A. Iovinella as a
member of the New York State Employment
Relations Board. All those in favor signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Carl A. Iovinella
is hereby confirmed as a member of the New
York State Employment Relations Board.
And I'd like to acknowledge his
presence here and congratulate him and wish
him well.
(Applause.)
6406
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a member of
the Public Service Commission, Neal N. Galvin,
of Saratoga Springs.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Thank you,
Madam President. On behalf of Senator Bruno
and Senator Farley, it's a pleasure on this
fine nomination to yield to Senator Wright.
Jim.
THE PRESIDENT: Senator Wright.
SENATOR WRIGHT: Thank you,
Senator Stafford, Madam President.
It's my pleasure as chair of the
Energy Committee to stand and second the
nomination of Neal Galvin to a position on the
Public Service Commission.
As we move forward into competition
in the energy arena in New York State, I think
the background and experience that Neal Galvin
brings to this job is most appropriate, having
spent some 35 years as president and chief
executive officer of several major industries.
This brings the private sector background that
6407
is so critical as we move ahead and ensure
that we have competition within the energy
field.
In addition to those executive
responsibilities, he's also found considerable
time to serve the Capital District community
and be active in community activities, both
serving as a director of the Juvenile Diabetes
Association as well as the former chairman of
the Childhood Diabetes Program for New York
State.
It's my pleasure to rise and join
my colleagues, Senator Bruno and Senator
Farley, from the Capital District in providing
our endorsement of this nomination.
Thank you, Madam President.
THE PRESIDENT: Thank you,
Senator Wright.
The question is on the confirmation
of Neal N. Galvin as a member of the Public
Service Commission. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
6408
THE PRESIDENT: Neal N. Galvin is
hereby confirmed as a member of the Public
Service Commission.
And as president of the Senate and
as a colleague, former district attorney of
Rensselaer County, having worked with Neal
Galvin on many community pursuits, being very
much aware of your great work with Callanan
Industries as well as all of the countless
hours that you have spent volunteering in
community endeavors -- and also knowing that
the apple didn't fall far from the tree,
having your daughter as my first assistant DA
in Rensselaer County -- I am honored to be
presiding as President of the Senate over this
great event for the people of New York State.
Congratulations, Neal, and I have
no doubt that you'll continue your excellence
with the Public Service Commission. Thank you
for your willingness to serve.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As members of the
Adirondack Park Agency, William H. Kissel,
6409
Esquire, of Lake Placid; Katherine Osborn
Roberts, of New York City; and Cecil Wray,
Esquire, of New York City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Katherine Osborn
Roberts, Cecil Wray, and William H. Kissel as
members of the Adirondack Park Agency. All
those in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
And congratulations on behalf of
the Senate to each of you.
The Secretary will read.
THE SECRETARY: As members of the
Capital District Transportation Authority,
David M. Stackrow, of Wynantskill; Henry
DeLegge, of Schenectady; and Wayne L. Pratt,
of Rensselaer.
THE PRESIDENT: Senator Stafford.
6410
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Henry S. DeLegge, Wayne
L. Pratt, and David L. Stackrow as members of
the Capital District Transportation Authority.
All those in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The confirmations
are hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Central New York State Park, Recreation
and Historic Preservation Commission, Cosmo J.
Saraceno, of Utica.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Cosmo J. Saraceno as a
member of the Central New York State Park,
Recreation and Historic Preservation
Commission. All those in favor signify by
6411
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
New York State Energy Research and Development
Authority, Robert B. Catell, of Garden City,
and Vincent A. DeIorio, of White Plains.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Robert B. Catell and
Vincent A. DeIorio as members of the New York
State Energy Research and Development
Authority. All those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
6412
The Secretary will read.
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
Ernest J. Salerno, of Pearl River.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the reappointment of Ernest J. Salerno as a
member of the Metropolitan Transportation
Authority. All those in favor signify by
saying aye.
Senator Moynihan -- Morahan, excuse
me.
SENATOR MORAHAN: I'd like to
second that nomination of Mr. Salerno.
THE PRESIDENT: Thank you,
Senator.
The question is on the
confirmation. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Ernest J. Salerno
6413
is hereby reappointed as a member of the
Metropolitan Transportation Authority, and his
nomination is hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the New York State Thruway Authority, John R.
Riedman, of Rochester.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of John R. Riedman as a
member of the New York State Thruway
Authority. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the State Board of Real Property Services,
Ruth Henahan, of Delmar.
THE PRESIDENT: Senator Stafford.
6414
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Ruth Henahan as a
member of the State Board of Real Property
Services. All those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Albany Pine Bush Preserve Commission, John
K. Brust, of Central Bridge.
THE PRESIDENT: Senator Stafford.
THE SECRETARY: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of John K. Brust as a
member of the Albany Pine Bush Preserve
Commission. All those in favor signify by
saying aye.
(Response of "Aye.")
6415
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Directors of the New York
Convention Center Operating Corporation,
Joseph E. Spinnato, of Muttontown.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: (Gesturing.)
THE PRESIDENT: The question is
on the confirmation of Joseph E. Spinnato as a
member of the Board of Directors of the New
York Convention Center Operating Corporation.
All those in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the State Council on the Arts, Logan D.
Delany, Jr., of Irvington.
6416
THE PRESIDENT: The question is
on the confirmation of Logan D. Delany as a
member of the State Council on the Arts. All
those in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Continuing Care Retirement Community
Council, Leslie Akers, of Goshen.
THE PRESIDENT: The question is
on the confirmation of Leslie Akers as a
member of the Continuing Care Retirement
Community Council. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
6417
the Mental Health Services Council, Judith Ann
Vega, of Gowanda.
THE PRESIDENT: The question is
on the confirmation of Judith Ann Vega as a
member of the Mental Health Services Council.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Minority Health Council, Gladys M. Vidor,
of Rensselaer.
THE PRESIDENT: The question is
on the confirmation of Gladys M. Vidor, of
Rensselaer, as a member of the Minority Health
Council. All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
confirmed.
The Secretary will read.
6418
THE SECRETARY: As a member of
the State Fire Prevention and Building Code
Council, Terence J. Moakley, of West Nyack.
THE PRESIDENT: The question is
on the confirmation of Terence J. Moakley as a
member of the State Fire Prevention and
Building Code Council.
SENATOR MORAHAN: Madam
President, I'd like to second that nomination.
THE PRESIDENT: Thank you,
Senator Morahan.
The question is on the
confirmation. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Visitors, Capital District
Psychiatric Center, Myrna Sanders, of Albany.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
6419
confirmation, please.
THE PRESIDENT: Thank you,
Senator.
The question is on the confirmation
of Myrna Sanders as a member of the Capital
District Psychiatric Center. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Visitors, Letchworth Village
Developmental Disabilities Services Office,
Helen S. Crabbe, of Orangeburg.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation -- Senator Morahan, excuse
me.
SENATOR MORAHAN: Madam
President, I'd like also to join in making
6420
this nomination, in seconding the nomination.
THE PRESIDENT: Thank you,
Senator Morahan.
The question is on the nomination
of Helen S. Crabbe as a member of the
Letchworth Village Developmental Disabilities
Services Office. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Visitors, Mid-Hudson Psychiatric
Center, Theodore J. Lewis, of Godeffroy.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Theodore J. Lewis as a
member of the Mid-Hudson Psychiatric Center.
All in favor signify by saying aye.
(Response of "Aye.")
6421
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Visitors, Pilgrim Psychiatric
Center, Harriet Loshin, of Melville.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Harriet Loshin as a
member of the Pilgrim Psychiatric Center. All
in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Board of Visitors, New York State Home for
Veterans and Their Dependents at St. Albans,
Maxwell H. Phillips, of Valley Stream, and
6422
Marjorie Smith, of South Ozone Park.
THE PRESIDENT: The question is
on the confirmation of -
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: Thank you,
Senator Stafford.
-- of Maxwell H. Phillips and
Marjorie Smith as members of the New York
State Home for Veterans and Their Dependents
at St. Albans. All those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Board of Visitors, Sunmount Developmental
Disabilities Services Office, Gilbert A.
Duken, of Plattsburgh; Paul A. Maroun,
Esquire, of Tupper Lake; and Donald J. Sabin,
of Tupper Lake.
THE PRESIDENT: The question is
6423
on the confirmation of Gilbert A. Duken, Paul
A. Maroun, and Donald J. Sabin as members of
Sunmount Developmental Disabilities Services
Office. All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
Senator Skelos.
SENATOR SKELOS: Madam President,
I think it's time to stand at ease once again.
THE PRESIDENT: The Senate will
stand at ease. Thank you, Senator Skelos.
(Whereupon, the Senate stood at
ease at 4:15 p.m.)
(Whereupon, the Senate reconvened
at 4:41 p.m.)
ACTING PRESIDENT LIBOUS: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate conference of the
Majority in the Majority Conference Room.
ACTING PRESIDENT LIBOUS: Senator
Paterson.
6424
SENATOR PATERSON: Mr. President,
there will be an immediate conference of the
Minority, actually at 4:45 Eastern Daylight
Time, in the Minority Conference Room, Room
314.
ACTING PRESIDENT LIBOUS: There
will be an immediate conference of the
Minority in the Minority Conference Room.
There will be an immediate meeting of the
Majority in the Majority Conference Room.
(Whereupon, the Senate stood at
ease at 4:43 p.m.)
(Whereupon, the Senate reconvened
at 6:02 p.m.)
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MARCELLINO:
There will be an immediate meeting of the
Finance Committee in the Majority Conference
Room. The Finance Committee will be meeting
immediately in the Majority Conference Room,
6425
Room 332.
(Whereupon, the Senate stood at
ease at 6:03 p.m.)
(Whereupon, the Senate reconvened
at 6:18 p.m.)
THE PRESIDENT: The Senate will
come to order.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk. I ask that it
be read.
THE PRESIDENT: We will return to
reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, offers up the
following bills directly for third reading:
Senate Print 6013, by the Committee
on Rules, an act to amend Chapter 15 of the
Laws of 1999;
Senate Print 6014, by the Committee
on Rules, an act making appropriations for the
support of government;
6426
6015, by the Committee on Rules, an
act to amend Chapter 83 of the Laws of 1995;
6016, by the Committee on Rules, an
act making appropriations for the Department
of Health;
6018, by the Committee on Rules, an
act to amend the Vehicle and Traffic Law;
And 6019, by the Committee on
Rules, an act to amend the Public Health Law.
All bills directly to third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could just go back to motions and
resolutions, I believe there's a resolution by
Senator Seward. I ask that the title be read
and move for its immediate adoption.
THE PRESIDENT: We will return to
motions and resolutions.
The Secretary will read.
THE SECRETARY: By Senator
Seward, Legislative Resolution commemorating
6427
the 150th anniversary of the Westville United
Methodist Church of Westville, New York.
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 Skelos.
SENATOR SKELOS: Madam President,
if we could now take up Calendar Number 1622.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1622, by the Committee on Rules, Senate Print
6013, an act to amend Chapter 15 of the Laws
of 1999, making appropriations for the support
of government.
SENATOR SKELOS: Madam President,
is there a message of necessity and
appropriation at the desk?
THE PRESIDENT: Yes, Senator
Skelos.
6428
SENATOR SKELOS: Move to accept.
THE PRESIDENT: All those in
favor of accepting the message of necessity
and appropriation please signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message of
necessity and appropriation is adopted and
accepted.
Senator Skelos.
SENATOR SKELOS: Could we have
the last section read.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. 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.
SENATOR SKELOS: Madam President,
6429
could we call up Calendar Number 1623.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1623, by the Committee on Rules, Senate Print
6014, an act making appropriations for the
support of government.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity and
appropriation at the desk?
THE PRESIDENT: Yes, there is,
Senator Skelos.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: The question is
on the acceptance of the message of
appropriation and necessity. All those 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.
THE SECRETARY: Section 96. This
6430
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.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1624.
THE PRESIDENT: Secretary will
read.
THE SECRETARY: Calendar Number
1624, by the Committee on Rules, Senate Print
6015, an act to amend Chapter 83 of the Laws
of 1995.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: The question is
on adoption of the message of necessity. All
in favor signify by saying aye.
(Response of "Aye.")
6431
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message of
necessity is accepted.
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.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1625.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1625, by the Committee on Rules, Senate Print
6016, an act making appropriations to the
Department of Health.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity and
appropriation at the desk?
6432
THE PRESIDENT: Yes, there is,
Senator.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: The question is
on acceptance of the message of necessity and
appropriation. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The messages of
necessity and appropriation are accepted.
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.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1627.
THE PRESIDENT: The Secretary
will read.
6433
THE SECRETARY: Calendar Number
1627, by the Committee on Rules, Senate Print
6018, an act to amend the Vehicle and Traffic
Law.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: The question is
on acceptance of the message of necessity.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message of
necessity is accepted.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect in 90 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
6434
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1628.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1628, by the Committee on Rules, Senate Print
6019, an act to amend the Public Health Law,
in relation to rates of reimbursement.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: The question is
on acceptance of the message of necessity.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message of
necessity is accepted.
Read the last section.
6435
THE SECRETARY: Section 37. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1628 are
Senators Breslin, Connor, Duane, Gentile,
Hevesi, Lachman, Montgomery, Nanula, Onorato,
Paterson, Rosado, Sampson, Santiago,
Schneiderman, Seabrook, and Smith. Ayes, 42.
Nays, 16.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could just stand at ease, please.
THE PRESIDENT: The Senate will
stand at ease.
(Whereupon, the Senate stood at
ease at 6:25 p.m.)
(Whereupon, the Senate reconvened
at 7:15 p.m.)
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
6436
Room.
ACTING PRESIDENT MARCELLINO:
There will be an immediate meeting of the
Rules Committee in the Majority Conference
Room, 332. Rules Committee, 332, immediately.
(Whereupon, the Senate stood at
ease at 7:16 p.m.)
(Whereupon, the Senate reconvened
at 7:29 p.m.)
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Madam President,
can we return to the reports of standing
committees? I believe there's a report from
the Rules Committee at the desk. I ask that
it be read at this time.
ACTING PRESIDENT McGEE: Return
to reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, offers up the
following bills directly for third reading:
Senate Prints 5635A, restored
Calendar Number 1430, an act to amend Chapter
83 of the Laws of 1995, by Senator Lack;
6437
Senate Print 5729, by the Committee
on Rules, an act to amend the Insurance Law;
6017A, by the Committee on Rules,
an act making appropriations to the Department
of Health;
6020, by Senator Larkin, an act to
amend the General Municipal Law, in relation
to increasing the total cost;
6021, by Senator Padavan, an act to
amend the Mental Hygiene Law and Chapter 560
of the Laws of 1994;
And 6022, by the Committee on
Rules, an act to amend the Public Authorities
Law and Chapter 738 of the Laws of 1988.
All bills directly for third
reading.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Move to accept
the reports of the Rules Committee.
ACTING PRESIDENT McGEE: The
motion is to accept the report of the Rules
Committee. All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: All
6438
opposed, nay.
(No response.)
ACTING PRESIDENT McGEE: Motion
is accepted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time call up Calendar Number
1430.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1430, by Senator Lack, Senate Print 5635A, an
act to amend Chapter 83 of the Laws of 1995,
amending the State Finance Law.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT McGEE: Yes,
there is.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
6439
nay.
(No response.)
ACTING PRESIDENT McGEE: The
motion is carried.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
THE SECRETARY: Ayes, 57. Nays,
1. Senator Kuhl recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up Calendar Number
1626.
ACTING PRESIDENT McGEE: The
Clerk will read.
THE SECRETARY: Calendar Number
1626, by the Committee on Rules, Senate Print
6017A, an act making appropriations to the
Department of Health for the purpose of the
Elderly Pharmaceutical Insurance Coverage
Program.
6440
SENATOR BRUNO: Is there a
message of necessity and appropriation at the
desk?
ACTING PRESIDENT McGEE: Yes,
there is.
SENATOR BRUNO: Move to accept
the messages.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity
and appropriations. All those in favor will
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Messages
accepted.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
6441
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up Calendar 1629.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1629, by Senator Larkin, Senate Print 6020, an
act to amend the General Municipal Law, in
relation to increasing the total cost.
SENATOR STACHOWSKI: Explanation.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
there is.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT McGEE: The
motion is made to accept the message of
necessity. All those in favor will say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
6442
motion is carried.
Senator Larkin, an explanation has
been requested by Senator Stachowski.
SENATOR LARKIN: Senator, the
changes here from the bill that we did a few
weeks ago were two things. One, we reduced
the time span from five years to three and
lowered the cap to $20 million.
The other portion of it was we made
a level playing field between the Dormitory
Authority and the IDAs. We removed the fees
and the cost associated with it. So that
means that they can take up and go to the
Dormitory Authority rather than the IDA, or
reverse it, whichever they would like.
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, would the Senator yield for one
question?
ACTING PRESIDENT McGEE: Senator
Larkin, will you continue to yield?
SENATOR LARKIN: Yes, Madam
President.
SENATOR STACHOWSKI: Senator,
6443
what's the advantage of making a level playing
field? I don't understand. What is the
advantage of having the Dormitory Authority
involved?
SENATOR LARKIN: The biggest
thing is heretofore there was no choice. This
gives those agencies that are within the IDAs
looking to promote a project can go to either
one. The Dormitory Authority has no cap on
it, where the IDA does have a cap.
SENATOR STACHOWSKI: Madam
President, one last question.
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR LARKIN: Yes, Madam
President.
ACTING PRESIDENT McGEE: Senator
Larkin, will you yield?
SENATOR LARKIN: Yes.
SENATOR STACHOWSKI: Madam
President, through you.
Senator, at some point are we going
to revisit who are the not-for-profits? For
example, the Blue Cross and Blue Shield still
is listed as a -- you know, kind of a
6444
stepchild of everybody that pays money to keep
them afloat. And yet their HMO part, which
qualifies for this service, is far from not a
moneymaker. It's not accessible to everybody.
And are we going to ever revisit
that so we can get a better handle on who
really are the -
SENATOR LARKIN: As I said -- as
I said to you when we did the other bill, I
will definitely join with you and we will go
through this. This is important right now for
all of the IDAs throughout the state.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 629 are
Senators Duane, Nanula, Schneiderman, and
Stachowski. Ayes, 54. Nays, 4.
6445
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
THE SECRETARY: Excuse me, also
Senator Morahan.
ACTING PRESIDENT McGEE: Senator
Morahan will be recorded in the negative.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we take up Calendar 1630.
ACTING PRESIDENT McGEE: The
Clerk will read.
THE SECRETARY: Calendar Number
1630, by Senator Padavan, Senate Print 6021,
an act to amend the Mental Hygiene Law and
Chapter 560 of the Laws of 1994.
SENATOR BRUNO: Madam President,
is there a message at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message from the Governor at the
desk.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT McGEE: The
motion is made to accept the message of
6446
necessity. All those in favor will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed
will say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we call up Calendar 1631.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1631, by the Senate Committee on Rules, Senate
Print 6022, an act to amend the Public
6447
Authorities Law and Chapter 738 of the Laws of
1988.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message at the desk.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity
at the desk. All those in favor will signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed
will say nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is carried.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Ayes,
6448
58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we take up Calendar 1632.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1632, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly 8377 and substitute it for the
identical third reading, 1632.
ACTING PRESIDENT McGEE: The
substitution is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1632, by the Assembly Committee on Rules,
Assembly Print 8377, an act to amend the
Insurance Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 10. This
act shall take effect June 30th.
ACTING PRESIDENT McGEE: Call the
6449
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
we're concluding today's session.
And as we conclude, I just wanted
to take a moment and just remind our members
that there are roses there at Senator
Stavisky's desk. As we all know, they signify
his passing.
And the memory that we have of him
in this chamber is one of the best public
servants that his district or this state could
have. He's been ill, as we know, for a number
of years. And during his illness, whenever he
could, he was there meeting with constituents,
communicating, being available. And that is
true dedication. He has given his life to
public service.
So it's my honor to close this
session in his memory and extend the
condolences of this Senate and our sympathy to
6450
his family. And I will close this session in
that regard.
And since there is no further
business to come before the Senate at this
time, I move that we stand adjourned, subject
to the call of the Majority Leader,
intervening days to be legislative days.
ACTING PRESIDENT McGEE: The
Senate will stand adjourned, pending the call
of the Majority Leader. Intervening days will
be legislative days.
(Whereupon, at 7:43 p.m., the
Senate adjourned.)