Regular Session - December 14, 1999
7323
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
December 14, 1999
2:10 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
SENATOR JOHN R. KUHL, JR., Acting President
SENATOR RAYMOND MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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THE PRESIDENT: Everyone present?
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 Father Peter G. Young
from Blessed Sacrament Church in Bolton
Landing.
REVEREND YOUNG: Let us pray.
Dear God, as we gather in this
holiday season, may we thank two members of
this community -- one our Journal Clerk, for
31 years of dedicated service; and another,
Senator Waldon, for his appointment as a Court
of Claims judge. We thank them for their
commitment to this house and we thank and wish
them well in their journey.
As we gather in Your blessing and
in Your prayer, we come to express our concern
about the welfare of our community, to learn
from each other, to grow in spirit and in
character, to find Your will for our lives and
in our neighborhoods.
We thank you for the opportunity in
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this country to assemble here in this Senate
at any time and any place to discuss our
concerns as citizens. We are mindful that
many in our world do not enjoy such freedom.
Grant us the wisdom to carry out
our decisions within Your will. Bless us as
we conduct our business with dignity and
sensitivity. Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, December 13th, the Senate met pursuant
to adjournment. The Journal of Sunday,
December 12th, was read and approved. On
motion, Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentations of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
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Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, I move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause: Senate Number 2017.
THE PRESIDENT: So ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: I wish to
call up Senator Morahan's bill, Senate Print
Number 5773, recalled from the Assembly, which
is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1401, by Senator Morahan, Senate Print 5773,
an act to create the Greenwood Lake
Commission.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
7327
will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
recommit the bill to the Committee on Rules.
THE PRESIDENT: So ordered.
Senator Connor.
SENATOR CONNOR: Thank you, Madam
President.
Madam President, pursuant to Rule
11, I am providing notice of my intention to
move to alter the Senate rules on December 15,
1999, or as soon thereafter as the Senate may
reconvene, to amend the rules to add
provisions relating to the enactment of
ethical standards for members, officers, and
employees of the New York State Senate.
Thank you, Madam President.
THE PRESIDENT: The notice of
motion has been received, and it will be
entered in the Journal.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
7328
President, I move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause:
Senate Number 1732, 5217, 1193,
3380, 4387, 1146, 1195, 1491, 3950, 2167,
2818, 2819, 3077, 3672, 3674, 3675, 3733,
4820, 6150, 1551, 3466, 3658, 641, 643, 697,
701, 3018, 5374, 5378, 496, 2052A, 2571, 6226,
1228, 3948, 5023, 5958, and 5968.
THE PRESIDENT: So ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: I wish to
call up Print Number 1638, recalled from the
Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
398, by Senator Maltese, Senate Print 1638, an
act to amend the Penal Law.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
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THE PRESIDENT: Call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
recommit the bill to the Committee on Rules.
THE PRESIDENT: The bill is
recommitted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can I just take a second and welcome Senator
Stavisky, Toby Stavisky, to this chamber.
I believe that this is the first
official session that you will be attending,
and I want to tell you how pleased we are here
that you are joining us in this chamber. And
as you know, you follow in the footsteps of
someone that was very close to you and dear to
your heart and to ours, who distinguished
himself over the years. And we're confident
that you will certainly follow in that great
tradition.
So welcome, Senator Stavisky.
7330
(Applause.)
THE PRESIDENT: Thank you,
Senator.
As president of the Senate, Senator
Stavisky, I also want to send you a very warm
and sincere welcome.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we ask for a immediate meeting of the
Finance Committee in Room 332.
THE PRESIDENT: There will be an
immediate meeting -
SENATOR BRUNO: I'm sorry, it's
in 124.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
Room 124. 124.
Senator Bruno.
SENATOR BRUNO: Madam President,
I would ask that the Senate stand at ease
pending the report of the Finance Committee.
Thank you.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
7331
ease at 2:20 p.m.)
(Whereupon, the Senate reconvened
at 2:45 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
to take their chairs, staff to find their
places.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on behalf of Senator Lack, there will be an
immediate meeting of the Judiciary Committee
in the Majority Conference Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Judiciary Committee, immediate
meeting of the Judiciary Committee in Room
332, the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Mr. 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.
ACTING PRESIDENT KUHL: We will
return to the order of standing committees.
There is a report of the Finance
7332
Committee at the desk. The Secretary will
read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
As a member of the Metropolitan
Transportation Authority, Peter S. Kalikow, of
New York City.
SENATOR STAFFORD: Move
confirmation, please.
ACTING PRESIDENT KUHL: The
question is on the confirmation of Peter S.
Kalikow, of New York City, to become a member
of the Metropolitan Transportation Authority.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
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Joseph J. Lhota, of Brooklyn Heights.
SENATOR STAFFORD: Move
confirmation, please.
ACTING PRESIDENT KUHL: The
question is on the confirmation of Joseph J.
Lhota, of Brooklyn Heights, to become a member
of the Metropolitan Transportation Authority.
All those in favor of the nomination signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
Rudy Washington, of Laurelton.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT KUHL: The
question is on the nomination of Rudy
Washington, of Laurelton, to become a member
7334
of the Metropolitan Transportation Authority.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Niagara Frontier Transportation Authority,
Luiz F. Kahl, of Williamsville.
SENATOR STAFFORD: Move
nomination.
ACTING PRESIDENT KUHL: The
question is on the nomination of Luiz F. Kahl,
of Williamsville, to become a member of the
Niagara Frontier Transportation Authority.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
7335
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As members of the
State Council on the Arts, Debra Ressler
Black, of New York City, and Ruth W. Houghton,
of New York City.
ACTING PRESIDENT KUHL: The
question is on the nomination of Debra Ressler
Black, of New York City, and Ruth W. Houghton,
of New York City, to become members of the
State Council on the Arts. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominees are confirmed.
The Secretary will continue to
read.
THE SECRETARY: As members of the
Empire State Plaza Commission, Kate Johns, of
Old Chatham, and Dolores Sarno, of Saratoga
Springs.
7336
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT KUHL: The
question is on the nomination of Kate Johns,
of Old Chatham, and Dolores Sarno, of Saratoga
Springs, to become members of the Empire State
Plaza Commission. All those in favor of the
nominations signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominees are confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Republic Airport Commission, Joan
Flaumenbaum, of Farmingdale.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT KUHL: The
question is on the nomination of Joan
Flaumenbaum, of Farmingdale, to become a
member of the Republic Airport Commission.
7337
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As sheriff of
Steuben County, Richard C. Tweddell, of
Wayland.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT KUHL: The
question is on the nomination of Richard C.
Tweddell, of Wayland, New York, to become the
sheriff of Steuben County. All those in favor
of the nomination signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
7338
We're very, very pleased to have
the new sheriff of Steuben County in the
gallery to your left.
Sheriff Tweddell, congratulations.
It's nice to have you and your wife join us
today. Good luck.
(Applause.)
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President,
at this time if we could return to motions and
resolutions and adopt the Resolution Calendar
its entirety, with the exception of
Resolutions 2638 and 2619.
ACTING PRESIDENT KUHL: We'll
return to the order of motions and
resolutions.
The motion is to adopt the
Resolution Calendar on the members' desks,
with the exception of Resolution 2638 and
2619. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
7339
(No response.)
ACTING PRESIDENT KUHL: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up Resolution Number 2619, by
Senator Farley. I ask that it be read in its
entirety and move for its immediate adoption.
ACTING PRESIDENT KUHL: The
Secretary will read Resolution Number 2619, by
Senator Farley, in the entirety.
THE SECRETARY: By Senator
Farley, Legislative Resolution Number 2619,
honoring the 109th Airlift Wing.
"WHEREAS, The State of New York
takes great pride in acknowledging the
outstanding achievements of its esteemed
military branches; and
"WHEREAS, The 19th Airlift Wing,
based at the Stratton Air National Guard Base
in Scotia, New York, has just successfully
completed a dangerous and challenging mission
to Antarctica. The 109th is the only unit in
the world that operates the ski-equipped
LC-130 cargo aircraft in the polar regions.
7340
The unit took over sole support of LC-130
airlift for the U.S. Antarctic program in
1998, and began to develop medical evacuation
protocols following an air drop of medical
supplies by the United States Air Force in the
summer of 1999; and
"WHEREAS, A National Science
Foundation physician, Dr. Jerri Nielsen, used
the supplies to treat herself for a serious
medical condition while she was unable to
leave Antarctica due to severe weather
conditions. On September 29, 1999, a request
for a medical evacuation to pick up
Dr. Nielsen was forwarded to the 109th.
"On October 6, 1999, the 109th
launched two LC-130 aircraft from Schenectady,
New York, for Christchurch, New Zealand, with
an additional crew leaving by commercial
airliner the next day. The crew was delayed
in New Zealand for three days before weather
allowed them to continue the journey to
McMurdo Station, the NSF's research base on
the Antarctic coast. Adverse weather at the
South Pole once again postponed the crew's
launch for more than 24 hours, until they
7341
finally departed for the South Pole; and
"WHEREAS, At the time of the
launch, the temperature was minus 53 degrees
Celsius, and three hours after their launch
temperatures had warmed to the required minus
50 degrees Celsius, as expected. The crew
landed in poor visibility, and less than 25
minutes later was on its way back to McMurdo
with Dr. Nielsen. At McMurdo, Dr. Nielsen was
evaluated and deemed suitable for further
flight, and the crew proceeded to
Christchurch, along with a C-141 craft from
the 62nd Airlift Wing of the Air Force
Reserve.
"The 109th completed this
historical medical evacuation flight at
approximately 7:50 a.m. Eastern Standard Time
on October 16, 1999, perhaps the earliest
flight to the South Pole in the history of
human exploration of Antarctica. Dr. Nielsen
now is able to seek further medical care for
her condition, which would not have been
possible without the extraordinary efforts of
the 109th; and
"WHEREAS, Crew members of this
7342
historic flight were Major George R.
McAllister, Major David Koltermann, Colonel
Marian G. Pritchard, Lieutenant Colonel Bryan
M. Fennessy, Chief Master Sergeant Michael T.
Cristiano, Senior Master Sergeant Kurt A.
Garrison, Technical Sergeant David M. Vesper,
Major Kimberly Terpening, Chief Master
Sergeant Michael Casatelli, and Master
Sergeant Kelly McDowell, and
"WHEREAS, The crew was awarded New
York State Military Meritorious Service Award
medals, and approximately 20 members of the
109th were presented with New York State
Military Commendation medals in recognition of
this outstanding achievement; and
"WHEREAS, These brave members of
the 109th are a source of pride and
inspiration for residents of New York State;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the 109th Airlift Wing on the
successful completion of this challenging
mission; and be it further
"RESOLVED, That a copy of this
7343
Resolution, suitably engrossed, be transmitted
to the 109th Airlift Wing."
ACTING PRESIDENT KUHL: The chair
recognizes Senator Farley on the resolution.
SENATOR FARLEY: Thank you, Mr.
President.
It's with a great deal of pleasure
and honor that I have to speak of this
courageous crew that flew to Antarctica in
incredible weather conditions, 50 below zero
temperatures, wind chills which they couldn't
even measure.
And we're fortunate to have with us
today two of the members that went there,
Major Kimberly Terpening and Chief Master
Sergeant Michael Casatelli, who are with us in
the gallery.
And let me just say how proud we
are of this group, as the whole world watched
and prayed for this rescue mission, which
verged on Mission Impossible, and which was
successfully brought off by the 109th Air
Wing, which is located in the Stratton Air
Force Base in Schenectady, named after a late,
great Congressman, Samuel Stratton.
7344
We're very, very proud, Mr.
President, to have these two members with us,
Major Kimberly Terpening and Master Sergeant
Casatelli with us in the gallery, and I'd like
you to give them the welcome of the Senate and
to acknowledge them. And if they would stand.
Thank you, Mr. President.
(Applause.)
ACTING PRESIDENT KUHL: Is there
any other member wishing to speak on the
resolution?
(No response.)
ACTING PRESIDENT KUHL: Hearing
none, the question is on the resolution. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is unanimously adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
could we take up Resolution Number 2638, by
Senator Marcellino, have it read in its
7345
entirety, and move for its immediate adoption.
ACTING PRESIDENT KUHL: The
Secretary will read Resolution Number 2638 in
its entirety.
THE SECRETARY: By Senator
Marcellino, Legislative Resolution 2638,
memorializing Governor George E. Pataki to
proclaim December 15th of each year as "Bill
of Rights Day" in the State of New York.
"WHEREAS, The Bill of Rights, the
first 10 amendments to the Constitution of the
United States, limits governmental powers and
protects individual rights; and
"WHEREAS, The Bill of Rights traces
its roots to the signing of England's Magna
Carta in 1215. The American colonies drafted
their charters with declarations of
inalienable rights which were later threatened
by the British crown, leading to the war for
independence. After gaining independence,
seven of the 13 states adopted constitutions
that included some form of a bill of rights,
and five states listed individual rights in
the bodies of their constitutions. The
failure of the United States Constitution to
7346
include a Bill of Rights gave rise to popular
dissatisfaction and debate, resulting in
Congressional submission of amendments for
ratification by the states; and
"WHEREAS, The Bill of Rights
guarantees certain fundamental rights and
privileges of individuals, such as freedom of
religion, speech, press, and assembly, and
offers protection against deprivation of life,
liberty or property without due process of the
law, the United States Bill of Rights has
served as a worldwide standard for subsequent
attempts to safeguard human rights; and
"WHEREAS, On February 27, 1790, New
York State ratified 11 of the 12 amendments to
the Constitution submitted to the Legislature;
only 10 amendments were ratified by a
sufficient number of states; and
"WHEREAS, On December 15, 1791,
Virginia, the last of the necessary 11 states
to ratify, approved 10 amendments to the
Constitution of the United States; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to memorialize
7347
Governor George E. Pataki to proclaim
December 15th of each year as 'Bill of Rights
Day' in the State of New York to commemorate
the date on which the Bill of Rights took
effect in the United States of America and to
recognize and to heighten awareness of the
importance of the Bill of Rights to the people
of this State and of our Nation; and be it
further
"RESOLVED, That a copy of this
Resolution, suitably engrossed, be transmitted
to Governor George E. Pataki."
ACTING PRESIDENT KUHL: The chair
recognizes Senator Marcellino on the
resolution.
SENATOR MARCELLINO: Thank you,
Mr. President.
This resolution commemorates and
honors the day on which the first 10
amendments to the -- or the Bill of Rights, as
they're more commonly known, were ratified by
the states. These 10 amendments, these Bill
of Rights, are what make this country great.
These guarantee every citizen the rights that
were enumerated in the resolution, and many,
7348
many more.
I won't go on too long, because
everybody has read about them and studied
these things. But I think it's time that this
state commemorate these important rights and
privileges that make our country as great as
it is.
Mr. President, I would also offer
this resolution to be open to all the members
of the chamber who wish to be on it.
ACTING PRESIDENT KUHL: Are there
a number of members who would like to
cosponsor the resolution?
Senator Skelos.
SENATOR SKELOS: Mr. President,
with the consent of the Minority Leader, why
don't we open it up to sponsorship. Anybody
that doesn't wish to be on the resolution
should so indicate to the desk.
ACTING PRESIDENT KUHL: All
right. The chair will direct that the
Secretary include all the members as
cosponsors of the resolution except for those
members who notify the desk that they don't
wish to be cosponsors.
7349
The question is on the resolution.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
at this time if we could stand at ease.
ACTING PRESIDENT KUHL: Senate
will stand at ease.
(Whereupon, the Senate stood at
ease at 3:02 p.m.)
(Whereupon, the Senate reconvened
at 3:45 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room. And then if the Senate could stand at
ease.
ACTING PRESIDENT KUHL: There
7350
will be an immediate meeting of the Rules
Committee, immediate meeting of the Rules
Committee in Room 332, Room 332, the Majority
Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:48 p.m.)
(Whereupon, the Senate reconvened
at 3:50 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if you would recognize Senator Dollinger at
this time.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, I'd just ask for the chairman of
the Democratic Conference to make an
announcement on behalf of the conference,
Senator Mendez.
ACTING PRESIDENT MEIER: Senator
Mendez.
SENATOR MENDEZ: Mr. Chairman,
7351
there will be an immediate conference in
Room 314.
ACTING PRESIDENT MEIER:
Immediate conference of the Minority
Conference in Room 314.
SENATOR SKELOS: The Senate will
stand at ease.
SENATOR DOLLINGER: Thank you.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:52 p.m.)
(Whereupon, the Senate reconvened
at 4:17 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
to take their chairs, staff to find their
places. If you need to have a conversation,
let's take it out of the chamber.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read.
7352
ACTING PRESIDENT KUHL: We will
return to the reports of standing committees.
There is a report of the Rules
Committee at the desk. I'll ask the Secretary
to read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Assembly Print 7076, by Member of
the Assembly Nolan, an act to amend Chapter
511 of the Laws of 1995;
Senate Print 3585, by Senator
Trunzo, an act to amend the Administrative
Code of the City of New York.
5631, by Senator Libous, an act to
amend the Tax Law;
6169, by Senator Bruno, an act to
establish certain boundaries;
6170A, by Senator Wright, an act to
amend the Tax Law;
6172, by the Senate Committee on
Rules, an act making an appropriation to pay
Toby Stavisky;
6178, by the Senate Committee on
Rules, an act to amend the Racing, Pari-Mutuel
7353
Wagering and Breeding Law;
5945A, by Senator Spano, an act to
amend the Labor Law;
6183, by the Senate Committee on
Rules, an act to amend the Public Health Law;
6184, by Senator Bruno, an act to
amend the Legislative Law;
6179, by Senator Bruno, an act to
amend the Labor Law;
And 6181, by Senator Leibell, an
act to amend the Retirement and Social
Security Law.
All bills ordered direct for Third
Reading.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT KUHL: The
motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
7354
(No response.)
ACTING PRESIDENT KUHL: The Rules
report is accepted. The bills are ordered
directly for Third Reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to motions and resolutions,
I believe there's a second Resolution Calendar
at the desk. I move its adoption.
ACTING PRESIDENT KUHL: We will
return to the order of motions and
resolutions. A second Resolution Calendar is
on the desk of the members.
The motion is to accept the
Resolution Calendar. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up the noncontroversial
7355
reading of the calendar.
ACTING PRESIDENT KUHL: The
Secretary will read the noncontroversial
reading of the calendar.
THE SECRETARY: Calendar Number
369, by Member of the Assembly Nolan, Assembly
Print Number 7076, an act to amend Chapter 511
of the Laws of 1995, relating to establishing
a Public Work Enforcement Fund.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1718, Senator Trunzo moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6027 and substitute it
for the identical Third Reading Calendar,
1718.
7356
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
1718, by Member of the Assembly Vitaliano,
Assembly Print 6027, an act to amend the
Administrative Code of the City of New York.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1719, Senator Libous moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7944 and substitute it
for the identical Third Reading Calendar,
1719.
7357
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
1719, by the Assembly Committee on Rules,
Assembly Print Number 7944, an act to amend
the Tax Law, the Education Law, and
Chapter 415 of the Laws of 1913.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1720, by Senator Bruno, Senate Print 6169, an
act to establish certain boundaries in the
towns of North Greenbush and East Greenbush in
the County of Rensselaer.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk.
7358
The Secretary will read the last
section.
THE SECRETARY: Section 5. This
act shall take effect January 1, 2000.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1721, by Senator Wright, Senate Print 6170A,
an act to amend the Tax Law, in relation to
the sales and compensating use taxes.
SENATOR CONNOR: The Secretary
will read the last section.
THE SECRETARY: Section 20. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
7359
1722, by the Senate Committee on Rules, Senate
Print 6172, an act making an appropriation to
pay Toby Stavisky, widow of the late Leonard
P. Stavisky, member of the Senate from the
16th senatorial district.
ACTING PRESIDENT KUHL: Senator
Paterson.
Senator Stavisky, why do you rise?
SENATOR STAVISKY: Mr. President,
I request that I be permitted to abstain from
voting on this bill.
ACTING PRESIDENT KUHL: No
objection heard, the request is granted.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Note the
abstention and announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT KUHL: The bill
is passed.
7360
THE SECRETARY: Calendar Number
1723, by the Senate Committee on Rules, Senate
Print 6178, an act to amend the Racing,
Pari-Mutuel Wagering and Breeding Law, in
relation to the disposition of certain
facilities.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1724, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8801A and substitute it
for the identical Third Reading Calendar,
1724.
ACTING PRESIDENT KUHL: The
substitution is ordered.
SENATOR PATERSON: Lay it aside.
7361
ACTING PRESIDENT KUHL: Lay the
bill aside.
SENATOR PATERSON: Thank you, Mr.
President.
THE SECRETARY: Calendar Number
1725, by the Senate Committee on Rules, Senate
Print 6183, an act to amend the Public Health
Law, in relation to extending the application
of general hospital inpatient reimbursement.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1726, by Senator Bruno, Senate Print 6184, an
act to amend the Legislative Law, in relation
to enacting the Lobbying Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1727, by Senator Bruno, Senate Print 6179, an
act to amend the Labor Law, the Private
Housing Finance Law, and Chapter 596 of the
Laws of 1995.
SENATOR PATERSON: Lay it aside.
7362
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1728, by Senator Leibell, Senate Print 6181,
an act to amend the Retirement and Social
Security Law, in relation to benefits for
members of the uniformed personnel in
institutions.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Mr. President, I
believe Calendar Number 1724 was in
7363
inadvertently laid aside. If we could take
that up at this time.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1724.
THE SECRETARY: Calendar Number
1724, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
8801A, an act to amend the Labor Law, in
relation to original claims.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
under motions and resolutions, Senate Bill
4820, by Senator Maltese, we struck the
enacting clause in error. If that could be
reinstated.
7364
ACTING PRESIDENT KUHL: I direct
the Secretary to do that. So ordered.
Senator Skelos.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up the controversial
reading of the calendar.
ACTING PRESIDENT KUHL: The
Secretary will read the controversial reading
of the calendar.
THE SECRETARY: Calendar Number
1725, by the Senate Committee on Rules, Senate
Print 6183, an act to amend the Public Health
Law, in relation to extending the application
of general hospital inpatient reimbursement.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT KUHL: Senator
Bruno, an explanation of Calendar Number 1725
has been asked for. Who do you wish to
explain the bill?
SENATOR BRUNO: Mr. President,
let me relate to that.
ACTING PRESIDENT KUHL: Senator
Bruno.
7365
SENATOR BRUNO: This is a simple
extension of the Health Care Reform Act that
we enacted in this Legislature in 1996. And I
believe, Mr. President, my colleagues know
that that law expires December 31st this year.
So this two-year extension
continues existing law, makes no other
changes, and ensures the orderly transition
into the year 2000 if there is no other
agreement that takes place. And negotiations
are underway as relates to the Health Care
Reform Act and some of the other health care
concerns of the people of this state.
ACTING PRESIDENT KUHL: Senator
Dollinger, you wish to be recognized?
SENATOR DOLLINGER: Yes, Mr.
President. I believe there's an amendment at
the desk. And I would waive its reading and
ask to be heard, Mr. President.
ACTING PRESIDENT KUHL: Is this
being offered by you, Senator Dollinger?
SENATOR DOLLINGER: Yes, it is,
Mr. President.
ACTING PRESIDENT KUHL: It's just
coming to the desk. So if you'll forgive us
7366
for not being able to -
SENATOR DOLLINGER: That's fine,
Mr. President. It's late in the year. It's
late in the day.
ACTING PRESIDENT KUHL: Senator
Dollinger, you're asking that the reading of
it be waived and that you be afforded an
opportunity to address the amendment; is that
correct?
SENATOR DOLLINGER: I am, Mr.
President.
ACTING PRESIDENT KUHL: Reading
of the amendment is waived, at your request,
and you're now afforded the opportunity to
explain the amendment.
SENATOR DOLLINGER: Thank you,
Mr. President.
Last year Senator Breslin and I and
several members of the Democratic Conference
held a series of hearings around the state of
New York to discuss the problem of the
uninsured. One of the consequences, one of
the aspects of New York's health insurance
program statewide is the rising tide of
uninsured. And it seems to me, while I
7367
appreciate Senator Bruno's comment that there
are negotiations underway and that there have
been extensive discussions about the Health
Care Reform Act and what should happen in the
future of this state, whether we should just
extend the statute or make other changes, it
seems to me that this is the time to stand up
and say that we can no longer afford in this
state to have more than 3 million people
without health insurance.
And I would call all my colleagues'
attention, the next time you get into a
taxicab, ask your driver a simple question.
Ask him whether he or she has health
insurance. This is someone who works every
day, someone who goes to work, puts in a full
day's work. Ask them whether they have health
insurance.
I've been all through the city of
New York, I've been in Albany taking cabs,
I've been in Rochester taking cabs. And I've
never met a taxicab driver who had health
insurance.
Well -- Senator Hannon suggested I
should tip them. Here's my chance to give
7368
them a huge tip. Here's a chance for my
colleagues in this chamber to give a great tip
to everybody that drives a cab. Give them the
ability, if they meet the qualifications, give
them the ability to help their children and
their families by extending what is now our
Child Health Plus program into a Family Health
Plus program. So that we take children, we
take young adults who are within certain
standards of the poverty limit and we give
them the opportunity to get subsidized health
insurance rates.
I think the one thing that
everybody acknowledges in the health care
reform debate is that there are far too many
uninsured and that the best thing we can do is
to get more people into insurance, so they're
not deterred from going to their physician or
their health-care provider -- be it physician,
nurse practitioner, or whomever -- but in fact
they have the insurance so that they're
encouraged to do it. What it will do is it
will raise the standard of health care in this
state, throughout this state, and it will put
our hospitals and put our health-care
7369
providers in a position where they're not
drawing down massive sums from other pools of
available funds.
Mr. President, I recommend this
amendment wholeheartedly. I think we have to
reach a hand across the divide in this chamber
and unite and say to everyone in the spirit of
the holiday that this is the time we're going
to provide health insurance to as many people
as possible in this state. There is no better
Christmas present that we could give the
middle-income and the low-income families in
this state than the assurance that in the
future they're going to have access to health
insurance and better-quality health care.
This is the first step to do it.
It doesn't start this year, it doesn't fully
fund this year. It would be phased in over
time. Under this amendment, we can hold out
the ultimate Christmas present for everyone in
this state who needs health insurance and who
should be entitled to have it.
I recommend this amendment,
Mr. President.
ACTING PRESIDENT KUHL: Is there
7370
any other member wishing to speak on the
amendment?
(No response.)
ACTING PRESIDENT KUHL: Hearing
none, the question is on the amendment. All
those in favor of the amendment -
SENATOR CONNOR: Party vote in
affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on the amendment
and record the party-line vote.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Seabrook, why do you rise?
SENATOR SEABROOK: Mr. President,
I believe there's an amendment at the desk. I
ask that the reading of the amendment be
waived, and I would like to be heard on the
amendment.
ACTING PRESIDENT KUHL: Hold on
7371
just a minute, Senator.
Senator Seabrook, you're asking
that the reading of the amendment be waived
and that you be afforded the opportunity to
explain the amendment?
SENATOR SEABROOK: Yes, Mr.
President.
ACTING PRESIDENT KUHL: Reading
of the amendment is waived, and you now have
the floor for purposes of explaining the
amendment.
SENATOR SEABROOK: Yes, Mr.
President.
This amendment is to repeal the
8.18 percent surcharge for clinical
laboratories, hospital outpatient services,
and the diagnostic and treatment centers, also
known as freestanding clinics.
As you know, there is a surcharge
that's being charged to these freestanding
clinics for those lab tests that are basically
used, whereas doctors do not have to pay this
surcharge. So this amendment will level the
playing field by allowing it to be eliminated,
and therefore the amount that's paid will be
7372
equal to that which is for doctors, so there
will be no surcharge for this treatment.
And so I would ask that we pass
this amendment so that this injustice in terms
of this added surcharge be eliminated.
ACTING PRESIDENT KUHL: Any other
member wishing to speak on the amendment?
(No response.)
ACTING PRESIDENT KUHL: Hearing
none, the question is on the amendment. All
those in favor signify by saying aye -
SENATOR CONNOR: Party vote.
SENATOR PATERSON: Party vote.
ACTING PRESIDENT KUHL: Senator
Connor, were you calling for a party-line vote
on this amendment?
SENATOR CONNOR: Yes.
ACTING PRESIDENT KUHL: The
Secretary will call the roll. Record the
party-line vote and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
7373
Senator Oppenheimer, why do you
rise?
SENATOR OPPENHEIMER: I believe
there's an amendment at the desk, and I would
request that we waive the reading and let me
be heard on it.
ACTING PRESIDENT KUHL: If you'll
give me just one moment, Senator.
Senator Oppenheimer, the reading of
the amendment is waived. You're now afforded
the opportunity to explain the amendment.
SENATOR OPPENHEIMER: Thank you,
Senator.
This would be called the HMO
financial accountability amendment. And I'll
just read three sad, short tales. St. John's
Hospital on Long Island is laying off 60
employees as a result of payment problems
involving HMO and health insurers. Second.
Sad tale. Citing late payments
from HMOs, Episcopal Health Services on Long
Island is instituting 10-day unpaid furloughs
for all managerial and nonpatient care
personnel.
Third sad story. Ellenville
7374
Hospital in Ulster County filed for Chapter 11
bankruptcy, largely due to WellCare's recent
financial failure.
What is this? This is a major
problem for health-care providers and for
customers, the failures of HMOs and other
health insurers to pay their bills promptly
and to pay them fairly. When HMOs fail to
pay, customers get caught in a crossfire
between their health-care provider and their
health-care insurer. And in some cases, HMOs
are even refusing to pay for services that are
very clearly spelled out and are included in
their policies. Again, who is left with the
bill? It's the consumer.
My amendment will improve payment
practices in a few ways. It reduces the
deadline for payment to 30 days for properly
submitted written claims and to 15 days for
electronic claims in the correct amount.
Secondly, it requires payors to
notify the policy holder and/or the provider
of determinations to deny payment, including
the reasons offered for that denial.
It's requiring the Superintendent
7375
of Insurance to impose the maximum penalty if
a payor willfully fails to pay the interest on
late payments.
And lastly, it requires the
Superintendent of Insurance to impose a
periodic interim payment system on payors that
withhold payments as a regular, ordinary
business practice.
I think everybody in this chamber
would agree with me that these -- these
conditions and these really outlandish rules
of several of our HMOs is simply not
acceptable to most of us. And I think we have
to get on and do this as the business in order
to regulate them.
Thank you.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
(No response.)
ACTING PRESIDENT KUHL: Hearing
none, the question is on the amendment. All
those in favor -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
7376
negative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on the amendment.
Record the party-line vote and announce the
results.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Breslin.
SENATOR BRESLIN: Mr. President,
I believe that there's an amendment at the
desk.
ACTING PRESIDENT KUHL: There is.
SENATOR BRESLIN: And I would
waive reading of that amendment and request
that I be heard on it.
ACTING PRESIDENT KUHL: The
reading of the amendment is waived, Senator
Breslin. You're now afforded the opportunity
to explain the amendment.
SENATOR BRESLIN: In the HCRA as
it was passed in 1996, there was a test pilot
program, NYSHIP, the New York State Health
7377
Insurance Partnership program, which provided
small businesses from zero employees -- a sole
proprietor -- up to 50. And it said that if
you provide 55 percent of the health coverage,
we the state will provide up to 45 percent.
In some instances, the employee would pay some
amount.
That program has worked very well.
And there's a very, very strong waiting list
for it right now. We provided $6 million in
the inception of HCRA, and that $6 million
isn't enough. And we have people calling my
office, and I'm sure many of your offices,
seeking information on how to sign up. But
with a waiting list, it's impossible.
So this amendment would increase
the amount. It's a very effective program.
It's one of the strongest parts of HCRA. The
test was a success. And we request that you
pass this amendment to increase the amount of
money from 6 million to 25 million.
Thank you very much, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
(No response.)
7378
ACTING PRESIDENT KUHL: Hearing
none, the question is on the amendment. All
those in favor signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll. Record the
party-line vote and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Gentile, why do you rise?
SENATOR GENTILE: Mr. President,
I believe there's an amendment at the desk.
I'd ask that the reading be waived and you
allow me to speak on the amendment.
ACTING PRESIDENT KUHL: The
reading of the amendment will be waived.
You're now afforded the opportunity to explain
the amendment, Senator.
SENATOR GENTILE: Thank you, Mr.
President.
It was more than a year ago that I
7379
began clamoring about increasing the coverage
for senior citizens that this state affords
under the prescription drug insurance program
known as EPIC. That program is something that
is important to seniors, but it's more
important since as of January 1 of this year,
55,000 seniors in this state were dropped by
their HMOs and their Medicare coverage as of
January 1st. And part and parcel with that
dropping of their Medicare coverage was the
fact that they no longer had coverage for
prescription drugs.
This amendment that I present today
would mirror some of the things that have gone
on recently in this past year. I offered
legislation in this regard. I offered an
amendment to our budget resolution to add EPIC
into it. I even debated my colleague,
Senator Morahan, at a senior center in the
Orange County portion of his district about
this issue of senior prescription coverage
for -- prescription drug coverage for seniors.
And kudos to our Majority Leader,
Senator Bruno, who just this month, after
many, many months of this campaign to make
7380
people aware of what's happening to our senior
citizen population, Senator Bruno has come
forth with a proposal to increase the EPIC
coverage for senior citizens.
We now today, we Senate Democrats
today now join forces with Senator Bruno and
ask this Senate to add this amendment into
this bill and increase the EPIC limits.
Indeed, it would increase those limits to
mirror the proposal that Senator Bruno has put
forth. It would increase the proposal to
$35,000 for couples and $30,000 for
individuals. That would double the coverage
in this state for seniors who are eligible to
participate under EPIC.
The cost of prescription drugs,
under Senator Bruno's own estimation, has
increased about 11 percent each year between
1992 and 1997. Seniors in this state need
this coverage. This is the appropriate place
to do it, right now, right here, 1999, at this
session.
I ask that this amendment be
passed. Thank you.
ACTING PRESIDENT KUHL: Any other
7381
Senator wishing to speak on the amendment?
(No response.)
ACTING PRESIDENT KUHL: Hearing
none, the question is on the amendment. All
those in favor signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll, record the
party-line vote, and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President. I believe there's an amendment
at the desk. I would ask that its reading be
waived and that I be heard on the amendment.
ACTING PRESIDENT KUHL: The
reading is waived. You're now afforded the
floor for the purposes of explaining the
amendment.
SENATOR DOLLINGER: Thank you,
7382
Mr. President.
This is the final in a series of
amendments from the Democratic Conference to
strengthen the debate over the future of
health care in this state. I talked about the
uninsured. Senator Seabrook talked about
removing an unnecessary tax on labs. Senator
Oppenheimer talked about HMO accountability
and payments to hospitals, we shouldn't allow
them to lag and become bad-pays. Senator
Breslin talked about strengthening the private
sector and allowing small businesses to
participate in what has been really perhaps
the most successful part of the HCRA program
and of innovations that have come out of this
body, the NYSHIP program to subsidize the use
of health insurance through small businesses.
Senator Gentile focuses on seniors and talks
about the need to provide them with that gap
coverage so that they can get prescription
drugs.
The final piece of this, Mr.
President, is an amendment that would increase
the indigent care pool by $82 million for
hospitals and add an additional $36 million
7383
specifically for rural hospitals. I don't
need to tell my colleagues from upstate New
York that in our rural communities, hospitals
are not only the center of care for people
from as far as a hundred miles around, but
oftentimes they are the major employer in a
community.
And these hospitals have been
significantly stressed as the move toward
competition and the changes brought by HCRA
come down. They have been stressed by changes
at the federal level, more than a billion
dollars in Medicare cuts that have occurred
during the course of the last 2½ years as the
federal government meets its balanced budget
responsibilities. These hospitals are
struggling.
And the concern that this amendment
raises in this struggle for rural hospitals
and hospitals that provide large amounts of
care to the indigent, that they shouldn't
skimp on that care, that they should have an
adequate source of funding to make sure that
the quality of health care that we give the
poor and indigent is equal to that of those
7384
who obtain their health care through private
insurers.
This bill would rectify that by
increasing the amount in the indigent care
pool. It would earmark $36 million for rural
hospitals, to allow this transition to
competition to occur, but at the same time
provide them with a buffer during this
competitive transition.
I would just point out, and it's no
secret to anyone in this chamber, that New
York's hospitals are in among the worst
financial condition of any in the nation.
I'll just tell you, if you look at their
performance indicators, whether it's their
ratio of long-term debt or their ability to
repay debt, their liquidity and their ability
to meet short-term obligations, New York's
hospitals and our employers in the last
bastion of care to many of the people that I
represent and many of the people that you
represent, they are in trouble.
This amendment would give them the
wherewithal during the period of transition to
continue to provide care to the indigent and
7385
make sure that we don't end up with a two-tier
system of health care in New York where those
that are privately insured get quality, those
who don't have it or those who are indigent
get barely no treatment at all.
I would just encourage this,
Mr. President. It's part of a package from
the Democratic Conference. We hope these
issues are part of the continuing HCRA debate.
But more importantly, we think they represent
the values of this conference, that those who
are uninsured should be able to get health
care, unnecessary taxes should be eliminated,
and in the case of these hospitals, as
competition occurs, as change occurs, we give
them the ability to buttress themselves so
that they can make the transition and continue
to provide quality care to people throughout
our state.
Mr. President, I recommend the
amendment to the floor.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Hearing none, the question is on
the -
7386
SENATOR HANNON: Mr. President.
ACTING PRESIDENT KUHL: You wish
to speak to the amendment, Senator?
SENATOR HANNON: Yes, sir.
ACTING PRESIDENT KUHL: Senator
Hannon, on the amendment.
SENATOR HANNON: The proponent of
these for the minority says that New York
hospitals are in the worst financial condition
of any state's in the nation. I believe I
quoted that correctly.
If you adopted any of these, you
would take that financial condition and worsen
it. Because all of these amendments that deal
with hospital finance provide no way of
funding -- and, by the way they're drafted,
would take money away from hospitals that they
get now. It would take money away from their
bad debt and charity care, and it would take
money away from their medical education. So
we would make it even more difficult.
Health care is a pretty intricate
thing to do. Health care financing is even
more intricate. And you can't do it in this
lopsided way. We'd only hurt the people we're
7387
trying to help. Thank you.
ACTING PRESIDENT KUHL: The
question is -- Senator Oppenheimer.
SENATOR OPPENHEIMER: If I might
just question the Senator's statement now, I
don't understand how having HMOs pay their
bills in a prompt fashion would in any way
harm our health system.
SENATOR HANNON: Good question,
Senator.
My view of your amendment, which is
not, by the way, as reforming as one of the
bills I have in, is that your bill is simply
not germane to the HCRA. Health HMOs have
never been part of the debate. So I didn't
think it was a germane amendment.
SENATOR OPPENHEIMER: I was just
questioning the statement.
ACTING PRESIDENT KUHL: The
question is on the amendment. All those in
favor of -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
7388
ACTING PRESIDENT KUHL: The
secretary will call the roll, record the
party-line vote, and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, I just have one question on the
bill, one technical question on the bill. And
I'm not sure whether it should go to Senator
Bruno or Senator Hannon.
It's just a technical question
about the funding for graduate medical
education. And a portion of -- well, I'll
explain it in a second, Mr. President, if
there is someone who would take just a brief
question.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: The chair of our
Health Committee is the most learned on this
subject in this chamber. Senator Hannon.
7389
SENATOR DOLLINGER: I concur with
that, Senator Bruno, so I'll ask a learned
question.
Through you, Mr. President, if
Senator Hannon will yield.
SENATOR HANNON: Yes.
ACTING PRESIDENT KUHL: Senator
Hannon yields.
SENATOR DOLLINGER: I am dealing
with page 16 of the bill, and I apologize for
being so specific. But my concern is that on
page 16 of the bill, there is language in
Section 32 which mirrors a section contained
in 2870(s) of the Public Health Law.
And here's my question. In the
statute as it currently reads, it says we're
going to fund graduate medical education "as
follows," and it lists from 1997 -- or, yeah,
'97, '98, '99, in subdivisions 1, 2, and 3.
In the bill that's before the house, it says
"as follows," we shall fund it as follows. It
leaves a colon, but it doesn't describe how
much money we're putting into the account.
Have I read the bill wrong, or are
we missing something?
7390
SENATOR HANNON: No. Just by the
nature of the way it's drafted, it continues
current methodology.
SENATOR DOLLINGER: Again,
through you, Mr. President, if Senator Hannon
will yield.
ACTING PRESIDENT KUHL: Senator
Hannon, do you continue to yield?
SENATOR HANNON: Yes.
SENATOR DOLLINGER: I understand
that the current statute lays out the amount
that goes into the GME pool each year and that
there's a number that flows from that. But in
this statute it leaves "as follows" with a
colon, and then -
SENATOR HANNON: What's
underlying the statute would come forward. It
is the -- when we did the transition to HCRA,
we did not repeal all the old statutes. We
left a huge body of law in place. That would
continue.
SENATOR DOLLINGER: Okay. So
again through you, Mr. President, just for
clarification, that language in the current
statute, even though it's not incorporated in
7391
the bill before us, would still be
incorporated in the -
SENATOR HANNON: The coverall
section at the end, Section 42, which allows
that the general revenue raising expenditures
for all public goods, which would include GME
and bad debt and charity care.
SENATOR DOLLINGER: Thank you,
Mr. President.
In reading the statute, I did not
see the specific statutory allocations, the
numbers, listed in that. And I was concerned
that while we were renewing GME, we weren't
actually telling people to put the money in
those pockets. But we're incorporating the
prior body of law; is that correct?
SENATOR HANNON: Yes.
SENATOR DOLLINGER: Thank you,
Mr. President. I agree with Senator Bruno.
Senator Hannon is the one who knows the
answer.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Senator Onorato.
SENATOR ONORATO: I would like to
7392
ask a question of Senator Bruno or Senator
Hannon regarding the HCRA bill.
My question is this, whoever wants
to tackle it, is that we're not positive that
the Assembly and the Senate are on track to
pass this bill before December 31st arrives.
In the event -- there was some talk that we
might be coming back in January to make
whatever we do agree on retroactive. My
question is this. I don't have any problem
with making it retroactive regarding the state
reimbursement. But how will this affect the
federal reimbursement? Are we empowered to
mandate that the federal government make their
reimbursements retroactive?
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: It's my
understanding that this in no way affects the
cash flow from the federal government to the
state. What we're dealing with is the state
flow.
ACTING PRESIDENT KUHL: Is that
sufficient, Senator Onorato?
SENATOR ONORATO: Yes, thank you.
7393
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak?
Senator Bruno, to close.
SENATOR BRUNO: Mr. President and
colleagues, I want to just close the
discussion on this two-year extension of HCRA.
And our colleagues on this side of
the aisle advanced some very worthwhile
proposals and voted in the affirmative on all
of them. You'll notice that we didn't debate
them, primarily because they are all
procedural motions. They don't relate to the
merits. I think Senator Hannon related that
when you talk about doing things piecemeal,
that the consequences are negative instead of
positive.
But, Mr. President, that's on the
merits. So on the merits, all of the
things -- almost everything that has been
advocated, we support and we feel will be part
of a final resolution of the health care
totally and completely for the people of this
state.
So I really conclude to clarify
that we are not debating the specifics. Many
7394
of the -- my colleagues support those
specifics in a total plan. And that will be
evidenced when that is put on the floor of
this house, which I hope will be sooner rather
than later.
So again, procedurally, the
majority was voting in the negative. And I
think, for those that are thinking forward,
maybe 11 months from now -- which I think is
November of 2000 -- you will note that at the
top of all of these sheets with your
amendments that it says "Procedural Motion."
It doesn't relate to the merits of the
discussion.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negative and announce the results.
THE SECRETARY: Ayes, 59. Nays,
7395
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno. Which bill would
you like to take up next, Senator?
SENATOR BRUNO: Mr. President,
can we take up Calendar Number 1727.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1727, by Senator Bruno, Senate Print 6179, an
act to amend the Labor Law, the Private
Housing Finance Law, and Chapter 596 of the
Laws of 1995.
ACTING PRESIDENT KUHL: Senator
Duane, why do you rise?
SENATOR DUANE: I believe there's
an amendment at the desk, Mr. President.
ACTING PRESIDENT KUHL: There is.
You're asking that the reading of it be waived
and that you be afforded an opportunity to
explain it?
SENATOR DUANE: You anticipated
my comments exactly.
ACTING PRESIDENT KUHL: The floor
7396
is yours, Senator, for explanation.
SENATOR DUANE: Thank you very
much.
I agree that making it so that farm
workers will be able to make the minimum wage
for the incredibly hard and important work
they do to feed the citizens of our state, and
indeed to feed people throughout the United
States and, in fact, the world. However, I
think that we should take this a step further
and empower the farm workers to have the same
rights that all working New Yorkers have, and
that is the right to be a member of a union
and the right to collective bargaining.
In the past few years, in addition
to what the bill is that we have before us
today that allows workers to make the minimum
wage, the only real advances that farm workers
have made -- and it's shocking that they even
had to have this legislated, that there was
resistance to this -- was their ability to
have safe drinking water and toilets while
they worked.
We could do the greatest service of
all in this body for farm workers by
7397
empowering them to be able to fight for decent
working conditions and wages and really to
make right what has been wrong with working
conditions and pay for farm workers for so
many years. And that is to enable them to
join together into unions if they wish and
collectively bargain and empower themselves so
that their work conditions can be improved and
the lives of them and their families can
improve.
My amendment would just make them
equal to what other workers in the State of
New York have, and that is the right to
organize and to collectively bargain. And I
urge all of my colleagues to vote in favor of
this.
And I also want to commend all of
those people through the years who've been
active in the struggle for farm workers,
because they really do -- have not had the
allies, I think, that they so deserve. And
today's legislation, in addition to my
amendment, is really a tribute to the work
that they've done for our state and a tribute
to those who have championed their cause.
7398
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Senator Connor.
SENATOR CONNOR: Yes, Mr.
President. I'll speak on the amendment and on
the bill.
I want to take the opportunity to
thank Senator Bruno for bringing this bill. I
know there's been, over the years, significant
opposition to including farm workers within
the minimum wage. And Senator Bruno has sort
of taken it in hand and is doing the right
thing here, and I appreciate that.
I many, many years ago, before I
was elected to the Senate, was involved in
things like lettuce and grape boycotts and
things on behalf of farm workers in places
like California and so on, and have, since
I've been in the Senate, if you go way, way
back to my early years here, sponsored bills
to give collective bargaining rights to farm
workers.
And I know Senator Mendez very
effectively over the years has taken up the
7399
cause of farm workers in New York State.
She's held hearings, she's advanced bills
which, when you think about it, it seems
incredible that we had to pass a law, but to
provide potable drinking water for farm
workers, to provide basic sanitary conditions
for farm workers, for their health and for the
health of the public. And now we recognize
them with a minimum wage.
I support the amendment, because I
think Senator Duane's amendment goes to the
real point. It embodies a concept that
Senator Mendez has sponsored in the past, and
that is the total dignity to the worker that
goes with the protection of the right to
bargain collectively. The concept goes back,
it goes back in political thought certainly
more than a century ago. It goes back in my
own religious and philosophical tradition, to
an encyclical called Rerum Novarum, which I'm
sure Senator Marchi can quote chapter and
verse of, about the dignity of working people.
And it's nice that we want to
include farm workers in the protection of
minimum wage, but rather than -- and I know
7400
farmers have problems. I know it's seasonal
work and if you don't get the crop in, you
lose it all. And I know the economics aren't
easy for people who own farms. But on the
other hand, we are in New York. And no matter
what conditions prevail in the Third World,
against all odds and all economic pressures,
we have to strive to uphold the kind of
standards that New Yorkers led the nation in
over the past century we're about to leave in
just a couple of weeks.
And wouldn't it be great to start
the new century, the new millennium, by not
only giving fundamental human protections in
some sort of -- and I don't mean this
derogatorily, but it's -- almost patronizing
way, and instead recognize that those farm
workers have the fundamental dignity of
working men and women and have a right to
bargain collectively. Because if they had
that right, they wouldn't need a law to get
fresh drinking water. If they had that right,
they wouldn't need a law to have sanitary
housing conditions. If they had that right
and exercised it, they would have certainly
7401
been making the minimum wage in the past.
So I'm going to support the bill,
but I support the amendment, because let's go
all the way. Because it's not just an
economic issue. The right to bargain
collectively is a recognition of the
fundamental dignity of working men and women.
ACTING PRESIDENT KUHL: Senator
Dollinger, on the amendment.
SENATOR DOLLINGER: Mr.
President, I agree with the sentiments of
Senator Connor both on the bill and on this
amendment. I only want to add one factor.
And Senator Connor and I actually share the
same religious heritage, and go back in Rerum
Novarum and other aspects of collective
bargaining.
But I'd just like to call
everybody's attention to that more perfect
union that was founded about 225 years ago
because a group of people got together with
common interests and decided not only would
they bargain with their king but they would,
if necessary, fight their king so they could
establish their own union. It seems to me
7402
that's what this is all about. You can't
stand here as an American and not believe that
people should have the right to get together
to promote their collective interest.
This amendment goes right to the
core of our political experience in this
country -- the notion that people can come
together, form a union, form an organization,
establish their own officers, and then, if
necessary, rebel against their king or
collectively bargain with their employer.
This is right at the core of what we're all
about.
And if we believe anything, we
should vote in favor of this amendment.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
(No response.)
ACTING PRESIDENT KUHL: The
question is on the amendment. All those in
favor signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
7403
ACTING PRESIDENT KUHL: The
secretary will call the roll and record the
party-line vote. Announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Anybody wishing to speak on the
bill?
Senator Mendez.
SENATOR MENDEZ: Yes, Mr.
President.
Five years ago a woman, a
constituent of mine, came to my district
office to -- seeking my help because her son
had been arrested or was entangled in a county
near Niagara Falls. He was a farm worker. At
the time, I didn't know that that woman would
enlighten me in terms of the unfairness that
the farm workers here in the state of New York
have been living with for so long.
I must say that the problems of
that young man were resolved thanks to the
efforts, the cooperative efforts of the late
7404
Senator John Daly, who helped me resolve the
issue make, may he rest in peace. After that
we had -- yes, we had hearings, and we
embarked on a list of bills in an effort to
correct that social and economic injustice.
I must say -- and I participated
together with Bishop Hobart, the Archbishop
O'Connor from -- the cardinal from New York
City, O'Connor, and a group of wonderful,
decent human beings who wanted to work hard to
ensure that these people that provide so many
things that we need in our daily living would
receive some justice.
I must say that were it not because
of the understanding and help that Senator
Bruno gave me, we wouldn't have been able to
even be considering this issue here today. I
remember when the first what I call little
bill was passed, making it mandatory for the
farmers to provide potable water to the people
working in the fields, I remember that I
called Senator Bruno on a Tuesday and I said
to him that my little bill was in the inactive
calendar and that I would appreciate it so
very much if he would move it to the active
7405
calendar for that Wednesday, next day, so that
all these people that were coming over to
Albany could at least have a little joy or
some feeling of accomplishing something. And
since then, every year they do come around.
I also want to mention that in the
Assembly, Mr. President, Cathy Nolan has been
an extraordinary person, pushing forth to
redress the issue at hand. And I must mention
that Senator Spano also cooperated.
So, yes, I voted for the amendment
of collective bargaining being granted to the
farm workers. I do know and I feel that at a
later point, maybe in next year's session, we
will be able to provide that to the far
workers. In the final analysis, we know that
the only reason why in New York State farm
workers do not have collective bargaining is
the result of what the federal government did
40 or 50 years ago, when the economic
situation of the nation was very, very bad
indeed -- in the twenties and in the thirties,
when they worked on the Labor Laws, they
excluded the farmers because they felt that it
was a seasonal industry and that it could
7406
hamper the main supply, let's say, of food in
the nation.
So for about 40 years, nothing had
been done, either in this state -- it was in
the fifties that the famous journalist Murrow
had a series on TV illustrating the plight of
the farm workers. Now, since then until now,
nothing had been done in New York State to
help the farm workers.
Today this bill that Senator Bruno
is presenting, I think it's a big
accomplishment, because it will be reducing
the two-tier system that exists, one public
policy towards all the workers and another,
less favorable public policy for the farm
workers. I am hopeful that because in the
last five years we were able to accomplish
something after about 40 years of being unable
to do a thing, that the future of collective
bargaining for the farm workers will be
accomplished.
And I want to thank all those
wonderful people in the coalition, Reverend
Wheaton and others, Senator Bruno and all the
wonderful people here that have been helpful
7407
in this. So I urge all my colleagues to
really support this very important bill.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Bruno, to close.
SENATOR BRUNO: Thank you, Mr.
President.
I want to thank Senator Mendez for
her closing comments.
Again, there are some very
worthwhile objectives that are presented in
the form of amendments we are procedurally
voting against on the procedural motions. We
have already established that we will have at
least three hearings on the entire subject of
migrant workers, farm workers, and all the
conditions that relate here in this state, so
that we are in front of it.
But we felt that this was the time,
as we move into the next century, that we do
this, because it's the right thing to do. And
we will do the other things that will be
appropriate after discussion and through the
hearing process, which hopefully will be
chaired -- not hopefully, will be chaired by
7408
our chair of labor, Senator Spano; the chair
of agriculture, Senator Hoffmann. And
hopefully in March we'll be in a position, at
the conclusion of these hearings, with all of
the public input, to do whatever is necessary
to make sure that people in this state have
equal opportunity and are treated equally.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: To speak on the
bill, Mr. President.
ACTING PRESIDENT KUHL: We're on
a roll call now, Senator Duane. You want to
explain your vote?
SENATOR DUANE: To explain my
vote, I'm sorry.
ACTING PRESIDENT KUHL: Senator
7409
Duane, to explain his vote.
SENATOR DUANE: I'm a little
rusty.
I'm pleased that we have made this
step forward for the farm workers. But I have
to say I'm not that compelled by the issue
that a lot of what we do here is procedural.
If what's happened is being portrayed as
procedural and it's leading toward having
hearings on the plight of farm workers, I'm
happy about that.
But in the course of this session,
we had procedural votes, for instance, on the
bias bill, trying to amend it and bring it to
the floor. And all of those, under the guise
of their just being procedural votes, failed.
So I'm hopeful that in the course
of the discussion about the procedural votes
which took place that very soon we'll be able
to have hearings on the bias bill so that
people can actually hear and my colleagues
will be able to hear the plight of people who
are being beaten up and accosted every day in
the streets of the State of New York.
Thank you, Mr. President. And I'm
7410
voting aye on this bill.
ACTING PRESIDENT KUHL: Senator
Duane will be recorded in the affirmative.
Announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
The Secretary will read Calendar
Number 1726.
THE SECRETARY: Calendar Number
1726, by Senator Bruno, Senate Print 6184, an
act to amend the Legislative Law, in relation
to enacting the Lobbying Law.
SENATOR CONNOR: Explanation.
ACTING PRESIDENT KUHL: Senator
Connor, do you wish -
SENATOR CONNOR: Mr. President, I
have an amendment at the desk. I think this
is -- is this the bill to ban the
force-feeding of legislators by lobbyists?
(Laughter.)
SENATOR CONNOR: I have an
amendment -- no, it's not that bill?
(Laughter.)
7411
ACTING PRESIDENT KUHL: Senator
Connor.
SENATOR CONNOR: First of all,
let me say in general, in talking about the
amendment -- about the bill itself, again, I
find myself recognizing today and
congratulating Senator Bruno for this one-day
session and some of the activities. And I
have to say I was delighted last Friday to
hear that Senator Bruno had called for
fundamentally a gift ban embracing meals and
entertainment and so on.
I think we shouldn't look back, but
I think again, as we leave this century and go
forward, we ought to take stock of where we
are with respect to public appearances and the
way the public perceives the Legislature and
take some steps to restore the public's
confidence in its elected officials. And I
think Senator Bruno has taken the most
important first step in doing that. He did
that Friday with his call for that ban. That
indeed has been done.
And I think when you do that, my
colleagues, it's like letting the genie out of
7412
the bottle. Once a legislative leader such as
Senator Bruno says we ought to ban it, it's an
important statement by an important person
that, in effect, in the future taking such
gifts or entertainment is wrong.
He's introduced the bill which is
before us, which says -- would make it a law
that would forbid lobbyists from tendering
such gifts. I assume in the future we'll look
at things like the ethics law, because this
law only deals with the obvious. It makes
tendering the gift wrong, illegal, but not
accepting the gifts. Because this bill
doesn't deal with legislators and staff. But
we can do that later.
Just Minority Leaders? (Laughing.)
But having done that -- and I bet
every member of this body votes for this bill
today. When you vote for this bill, I guess
you're saying, well, from now on it's wrong
and whether it's illegal or not, if it's
wrong, I don't think any of us are going to do
it.
And I note that there's been a
statement from Senator Bruno that the members
7413
of his conference are going to follow this
provision whether it becomes law or not.
There's a similar rule by colleagues in the
Democratic Conference adopted this morning,
that we're going to observe it. In fact, we
all signed a pledge to follow the Bruno rules.
I had to stop some of them from going even
further about what they wanted to follow
Senator Bruno. But we can follow the Bruno
rules on gifts. And I'm going to vote for
this bill.
We do have some amendments, and
most of them really border on looking at some
of the draftsmanship that I think may have
left, hopefully unintendedly, some loopholes
and so on. So we will offer them as
amendments.
We also -- earlier today I noticed
a rule for the next time we meet. Because as
one reporter said to me earlier, "Why didn't
you propose this before?" And I said,
"Because Senator Bruno has more votes than I
do." And when he proposed it, I said now we
can do it.
And we can actually, next time we
7414
meet, do a rule, vote on a rules proposal to,
as a rule of the Senate, adopt this. And it
would certainly be binding on the Senators and
our staffs, even as the House of
Representatives and the Senate in Washington
have rules -- they don't have a law, they have
rules. And as to a member or a staff member,
a rule of the house certainly has the force of
law.
So the amendment I'm doing now,
though, is really what I would call a loophole
in the bill. And it does several things. It
explicitly prohibits gift to family members of
the public officer. There's an exception in
the bill that says there's an exception for
family members. And I think -- you know, I
had to look at it for a while. My counsel
said to me, "Why would a lobbyist be able to
give all this stuff to your wife or your
kids?"
Then I realized, I think the intent
of the bill is to provide an exception for
family members of the lobbyist. Which makes a
lot of sense. I mean, a lobbyist who happens
to be, for example, a spouse of a staff member
7415
could hardly -- I think would hardly get away
with saying "Happy anniversary, dear. Here's
a bag of potato chips and a Diet Coke," and
the Coke -- and it's food and beverage and
it's permitted. And I don't think anybody
would think that an appropriate gift to one's
spouse or child or whatever would be
inappropriate.
So I just want to point out in the
drafting it's not clear whose family member
we're talking about. The amendment would make
it clear we prohibit gifts from lobbyists to
our family members but not from lobbyists to
their family members, who may be legislators
or staff members.
This amendment would also eliminate
the exception for payment of travel and
accommodation expenses for panelists or
speakers at an informational event. It would
eliminate the reimbursement for meeting
expenses, some other group's meetings. And it
would go and prohibit the offering of a gift
by any lobbyist, client, or person with a
business interest before state agencies.
Let me say that one great thing
7416
that Senator Bruno's bill does, and the reason
we need a law -- besides a rule of the house,
but why we need a law -- is Senator Bruno's
bill takes in other state agencies and
localities, and that's a good thing. That's
an excellent thing we ought to do. And I
congratulate him, really. That's forward
thinking. And I hope the Governor as well as
the Assembly get on board on that. And I mean
that sincerely.
So I offer my amendment in the
spirit of suggesting a little better
draftsmanship -- draftspersonship, I guess, is
the correct word these days -- and that we
make it clear.
Now, why am I looking at, like,
travel to these meetings and things? You
know, do I think they're legitimate state
business? Absolutely. I think it is
legitimate for a member to go to a substantive
conference, whether it's held in a place that
grows palm trees or fir trees. And I think as
a mature Legislature we ought to provide for
that. We ought to provide a method of travel
reimbursement for members to go to appropriate
7417
things.
If it's state business, the state
ought to pay your way there. You're a state
officer, my colleagues. Your staff are state
employees. Let the state pay for it. Let the
people pay for it if you're doing the people's
business. And let's not have some other group
of lobbyists or special interests paying for
you to do the people's business. We don't
need it. And the people don't want it. You
know? The people don't want it.
I will support any member of this
house going to a conference or to speak before
or educate a group anywhere in a legitimate
business meeting being reimbursed out of
Senate funds. I support that. I'd rather do
that. I'd rather see their going there, doing
legislative business, doing the people's
business and letting the people pay for it,
than having you go there to do the -- what
appears to be and is the people's business,
but why should some special interest pay for
it then? That adds the element of
unseemliness, and you shouldn't have to beg
that group, frankly. You shouldn't have to be
7418
beholden to that group. And when I say
"beholden," I don't mean you sold your votes
or you sold yourself. You shouldn't have to
say "thank you" to that group.
When you go there to do the
people's business or make a speech and
articulate legislative business, they should
say "thank you" to you. You shouldn't have to
say thank you for my dinner, thank you for my
air fare. You know, thank you for the lovely
double occupancy or single occupancy room;
thanks for reimbursing my cab. You shouldn't
have to say that. They should say, "Thank you
for giving me your time to come here to
Florida, or wherever it is, and do the
people's business."
And the State of New York ought to
pay your expenses, and you don't have to thank
anybody. And you can hold your head up and
say to the people you represent, "I went there
because I had a message to carry on your
behalf, my constituents, not on behalf of the
group that took me."
And that's what this amendment
would do. Thank you, Mr. President.
7419
ACTING PRESIDENT KUHL: Senator
Connor, you did offer that amendment up. The
reading was waived.
SENATOR CONNOR: Yes, I did, Mr.
President -
ACTING PRESIDENT KUHL: Does any
other Senator wish to speak on the amendment?
SENATOR CONNOR: I think I even
commented about it, Mr. President. Thank you.
ACTING PRESIDENT KUHL: Okay.
The question is on the amendment. All those
in favor signify by saying aye.
(Response of "Aye.")
SENATOR CONNOR: Party vote in
the affirmative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll. Record the
party-line vote and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Dollinger, for purposes of
amendment.
7420
SENATOR DOLLINGER: Thank you,
Mr. President. I also have an amendment at
the desk. I'd ask that its reading be waived
and I be allowed to comment on the amendment.
ACTING PRESIDENT KUHL: The
reading is waived. The amendment is accepted
at the desk. And you're now afforded the
opportunity to explain it.
SENATOR DOLLINGER: Thank you,
Mr. President.
I again rise to echo the sentiments
of Senator Connor with respect to Senator
Bruno's leadership. I have been in this house
for seven years, and I believe that this is
the strongest step in leadership on our
agenda, the agenda of establishing credibility
for this Legislature among the public, that
any leader has taken.
And I want to make it clear,
Senator Bruno, that I regard this as a step
not only in the right direction, not only a
bold step, but, frankly, my democratic
colleagues who have criticized this step ought
to be chastised for doing it. That's just
not, in my judgment, fair. I think this is a
7421
legitimate step down what may be a longer road
before we get a final bill we can all agree
on. But the person who plants their foot in
the garden first is making the critical first
step.
Let me tell you, I think that this
bill will give rise to a whole new theory of
governing called the "Albany diet." I frankly
look around and expect that we'll see lots of
thinner people in the chambers, because we
won't be able to be fed on somebody else's
nickel, which I think is a good thing. And I
think what we'll see is maybe a little bit
more of that Cassius look among legislators.
You remember that time that Julius Caesar went
to the Senate chamber in Rome and described
"yonder Cassius" and said that he was one of
those lean and hungry men. And yet Caesar,
what did Caesar want? He wanted to be
surrounded by fat and idle men rather than the
lean and hungry. He's seeing that there might
be a chance that one might usurp his ability
to be the emperor.
I would suggest that certainly we
on this side of the chamber expect to be the
7422
lean and hungry men and women in the course of
the next year, and we'll see what happens in
the Senate at that time. But I think this is
an important step forward.
My amendment, Mr. President, which
I'll just address briefly, would take one
small provision of this bill and it would
improve it, I think, and improve the public
information that flows from this bill. This
amendment would require reporting on a monthly
basis rather than a quarterly basis. We have
another amendment we'll talk about later. But
reporting these days that this bill becomes
law will simply be taking your Quicken
program, pushing the "enter" button, attaching
it to an E-mail message, and sending it off to
the Lobbying Commission.
The other thing that this amendment
does, Mr. President, is it decreases the
threshold for detailed reporting of expenses
from $75 to $25, which would track with the
language on the new $25 gift limit. So that
you could track whether gifts were given, and
you would have a threshold of reporting
expenses. You would eliminate what I would
7423
call the McDonald's exception. And that is if
you buy somebody a Big Mac and a shake and
fries, it's under the limit; you can keep
buying them as long as you want. My
expectation is that Jack's may suffer,
McDonald's may boom if this amendment isn't
approved.
I still think, Mr. President -- and
I commend Senator Bruno -- this is a good
bill. My proposal would make it better. It
would increase the reporting, it would give
more information to the public. Because in my
opinion, this bill, although it's called the
extension of the Lobbying Law, should have a
different name. It should be called the
"Legislator Credibility Law," because this
bill will give us greater credibility in the
eyes of our public.
And frankly, I'm sick and tired of
going back to Rochester, New York, and when I
say I'm a member of the State Legislature,
people kind of smirk. And they think, oh,
you're one of those guys who goes down there
and is wined and dined by the special
interests, and you're in the pocket of those
7424
who give you campaign contributions and who
buy you dinner. I don't believe that's ever
been true. But I think to eradicate that
perception completely and to reestablish our
credibility, this bill is a good thing. This
amendment makes it only better.
ACTING PRESIDENT KUHL: The
question is on the amendment. The Secretary
will call the roll.
(The Secretary called the roll.)
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT KUHL: Record
the party-line vote and announce the results.
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Paterson, for the purposes
of amendment.
SENATOR PATERSON: Mr. President,
I have an amendment at the desk, and I waive
its reading for the purposes of -
7425
ACTING PRESIDENT KUHL: The
reading is waived, Senator. The floor is
yours to explain the amendment.
SENATOR PATERSON: Mr. President,
we'd like to amend Section 6184 of the
legislation, which we think continues the
rather meager reporting requirements that are
in the current law. It really fails to
address the issue of the increased public
access and interest in the Internet.
So therefore, we'd simply just like
to change the law by mandating that the
commission report all of its findings on the
Internet, to facilitate public access. In
addition, we would ask that the commission set
up an entire reporting system that would be
very analogous to what we have right now in
the State Board of Elections.
Finally, Mr. President, what we
would want to do is where filings are due, and
at more than the ministerial period of five
days after the deadline, we'd want the names
of those who don't file within five days
reported, so that people know who isn't
keeping up with their mandated requirements to
7426
file. We don't want any more issues of claims
of ministerialness when actually we have a
public duty and we should be reporting on
time.
So those are the three issues we're
seeking, is electronic reporting, increased
access to the Internet so this information is
available, and a mandated five-day period for
filing, otherwise the individuals who don't
file will have their names published.
ACTING PRESIDENT KUHL: The
question is on the amendment.
The Secretary will call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I'm going to ask for a party vote in the
affirmative. But I know everyone going to
vote their conscience on this one, since it's
an ethics bill.
ACTING PRESIDENT KUHL: Record
the party-line vote. Announce the results.
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
7427
ACTING PRESIDENT KUHL: The
consciences are against you. The amendment is
lost.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Mr.
President. I believe there's an amendment at
the desk. I request that the reading be
waived.
ACTING PRESIDENT KUHL: Senator
Schneiderman, you have three of them at the
desk. Which one do you want to take first?
SENATOR SCHNEIDERMAN: I'd first
like to do the amendment to page 4, line 8.
It's the amendment having to do with aggregate
gift limits of nominal gifts.
ACTING PRESIDENT KUHL: The
reading of it's waived.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT KUHL: You now
have the opportunity to explain it.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
In keeping with the theme sounded
by Senator Dollinger, this is all about our
credibility. And I think it's great that
7428
we're getting this issue out on the table,
we're starting to talk about it seriously.
I'm sorry we waited so late into the year in a
year when we knew the law was going to expire.
But we don't do anything for our
credibility when we pass laws that have
obvious loopholes. And what I'm going to talk
about in my three amendments are really some
very obvious loopholes that we can close quite
easily. The first one deals with the issue of
nominal gifts -
ACTING PRESIDENT KUHL: Senator
Schneiderman, are you going to speak to all
three amendments at the same time now?
SENATOR SCHNEIDERMAN: I think we
have to have three separate votes, so I think
I'd better do one at a time.
ACTING PRESIDENT KUHL: Well, we
can do that. I have this -- just this
tremendous inclination to believe that all
votes are going to be the same. But -
SENATOR SCHNEIDERMAN: You know,
I know that's not a comment on my powers of
persuasion, Mr. President. But I'm happy to
go quickly through each one, or we can do all
7429
at once.
ACTING PRESIDENT KUHL: Why don't
we do all three at once. We'll accept the
other two amendments and waive the reading of
the other two and allow you to speak to all
three.
SENATOR SCHNEIDERMAN: Thank you
very much.
The first of these amendments
provides for the aggregation of nominal gifts,
so you don't have the situation that's
permitted under the current law, and under
this law, whereby you can receive nominal
gifts over and over again from the same source
with no prohibition.
It also prohibits something called
"buydowns," which is a way to cut prices on
something to make them available. And this
has been done, we know, in other parts of
country, where tickets to sporting events have
been made available at special prices, nominal
prices, to members of legislative bodies.
Actually in Washington, D.C., there is an
attempt to do this for members of Congress.
And finally, the first amendment
7430
would prohibiting the relating of gifts so a
lobbyist can't take you out to dinner for $500
and then divide it up among their 25 clients
and somehow justify it.
Those are simple loophole-closing
provisions that I think will make this law a
better law and enhance our credibility.
The second amendment that I want to
speak on, which I think is extremely important
for our credibility, is we have to prohibit
the receipt of gifts as well as the offering
of gifts. This is one of the most
embarrassing provisions of the current law
when I try and explain it to my constituents.
We're saying that lobbyists can get in
trouble, but there's no bar on legislators
actually breaking the law on our side.
That's something simple. That's
something we can address also through the
Senate rule, which I gather we're building
support for as we go forward in this process.
And I urge that that's something that could
easily be added.
And finally, and I think most
critically -- and this is something that the
7431
reports of good government groups have focused
on -- we have to provide for the Lobbying
Commission to be able to randomly audit
expenditure statements. In the current
system, the toothless Lobbying Commission's
most important tooth is its ability to get
documents, go in and check up on what's going
on. Right now you get annual reports, which
are interesting, but they don't have the power
to go in and find out what's happening.
The Lobbying Commission has done a
decent enough job, considering the minuscule
powers that we've given to it. But one thing
we can do, very simply, that's been done in 22
other states is to allow the random audit of
expense statements by lobbyists to force
lobbyists to provide documentation so that we
can have some assurance that the law is being
complied with in the course of a session.
Those three amendments, Mr.
President, I think the closed loopholes add to
our credibility and make this a much better
law. And I urge that we all support them.
ACTING PRESIDENT KUHL: The
question is on the amendment.
7432
The Secretary will call the roll.
(The Secretary called the roll.)
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT KUHL: Record
the party-line votes. Announce the results on
all three amendments.
THE SECRETARY: Ayes, 24. Nays,
36. Party votes.
ACTING PRESIDENT KUHL: All three
amendments are lost.
Senator Lachman.
SENATOR LACHMAN: Mr. President,
I believe there's an amendment at the desk
which I would like to have reading waived so I
can speak on it. Thank you.
ACTING PRESIDENT KUHL: The
reading of it's waived. You're now afforded
the opportunity to explain the amendment,
Senator Lachman.
SENATOR LACHMAN: All right.
Supreme Court Justice Louis Brandeis once said
that "Sunshine is the best disinfectant." I
7433
have to commend the Majority Leader, Senator
Bruno, for bringing sunshine into an area
which was previously quite dark.
It's an important first step,
Senator Bruno, but it is only a first step.
And I would like to suggest an amendment that
might go to the second step, because I think
there are many steps we can go to in terms of
disinfecting what had existed prior to this
day.
For example, on page 1, line 10, I
would like to delete the word "temporary." On
page 3, line 35, I would like to delete the
word "temporary." On page 4, line 36, I would
like to delete the word "temporary." On page
11, line 41, I would like to delete the word
"temporary." If we are going to have a state
commission on lobbying, why call it a
temporary state commission on lobbying? It
should be a permanent state commission on
lobbying.
In light of that, also on page 11,
I would like to delete the lines 46 through
53, which discuss sunset provisions seven
years from now. If we are serious in our
7434
intent of focusing sunshine upon an area of
darkness that should have been changed and is
being changed slightly today, I would go all
the way. Eliminate the word "temporary" and
have no sunsetting provision on this law.
In conclusion, the philosopher
Voltaire once said "Nothing is as powerful as
an idea whose time has come." This idea, the
idea of extending lobbying disclosures to
local government and increasing penalties for
false reporting, is an idea whose time has
come. And regardless of whether we're in the
minority or the majority, I will predict to
you that not only the good government groups,
whether it's the League of Women Voters or
Common Cause or NYPIRG, but the average
citizen of the State of New York now wants to
go the extra steps to perfect this law.
Thank you.
ACTING PRESIDENT KUHL: The
question is on the amendment.
The Secretary will call the roll.
(The Secretary called the roll.)
SENATOR PATERSON: Party vote in
the affirmative.
7435
ACTING PRESIDENT KUHL: Record
the party-line vote and announce the results.
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
The Secretary will read the last
section.
THE SECRETARY: Section 4. This
act shall take effect January 1, 2000.
ACTING PRESIDENT KUHL: Senator
Bruno, to close.
SENATOR BRUNO: Thank you, Mr.
President.
And I want to thank my colleagues
for their comments of support. And I would
hope that you will share those similar
comments with our colleagues in the other
house. And some of you mentioned that our
colleagues in the Assembly, in the majority,
are not as responsive or as receptive to this
very bold and unprecedented legislation that
is before us now. So if you use your
considerable influence, when that house comes
back, I believe that this will become law.
7436
And the Governor will definitely sign it if it
gets there.
And this really, as has been
indicated -- and I appreciate the amendments
and the procedural motions. And we're not
debating, because you're being very
supportive, and we appreciate that.
I really was almost shocked -
shouldn't have been -- when some of the good
government groups who have recognized the
fundamental changes incorporated in this bill,
who -- said, in quotes, sweeping,
comprehensive, and light years ahead of the
current law.
It is something that is timely,
it's appropriate, doesn't allege any
wrongdoing by anyone, because we all are aware
of the integrity in this system. And no one
out there in their right minds believes that
any legislator, any good government individual
is swayed by a meal, by a round of golf, by a
ticket to some show. We all know, we've lived
with it, it doesn't make a difference in how
we vote on this floor.
But there is a public perception
7437
out there that sometimes there's undue
influence. So we're dealing with that
perception. And we all believe in this
chamber it is the right thing to do.
And I want to thank Senator
Hoffmann for her leadership on this issue.
Senator Lack, who has had a national position
as president of NCSL -- he's been president of
so many organizations I can't keep track of
them -- but he worked in other states to
implement what we are doing.
So this is a base. And it's
appropriate. And again, the intent is to help
the process, not to hinder the process. So
that none of us get carried away with
unreasonable, impractical thoughts,
suggestions, motions that would inhibit our
ability to communicate openly and directly
with each other and with people who have a
legitimate vested interest in advancing their
position. This is realistic, practical, and
reasonable, and truly is an improvement in
good government.
And I am also pleased that Senator
Connor joins us here in the majority, in that
7438
since we're not sure what the Assembly will be
doing with this legislation, that we and my
conference unanimously supported and supports
abiding by the regulations that pertain to
legislators in this bill banning all gifts,
entertainment, sports events, meals -- bans
them. With the exceptions, with the minor
exceptions that have been discussed in this
bill.
So to my colleagues, everyone in
this chamber that is supportive, I really want
to commend all of you for voluntarily relating
to the restrictions that we would hope will
become law for everyone that deals at higher
levels in government -- at the municipal
level, state level, and the legislative,
elected officials as well as the executive.
So on a voluntary basis, we can implement what
applies to us. We can't what applies to
others. So we're there. We have done it.
So hopefully we will conclude this
session at some reasonable hour, because it's
now approaching dinnertime and people in this
chamber will be without.
(Laughter.)
7439
SENATOR BRUNO: And you are on
your honor to do your best.
So, Mr. President, we -- again, we
are moving forward in a very positive way to
improve government here in New York State.
And I commend all of my colleagues voting for
this on both sides of the aisle.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect January 1, 2000.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno, that completes the
reading of the controversial calendar.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we return to the reports of standing
committees? I believe there's a report from
the Judiciary Committee at the desk, and I ask
that it be read at this time.
7440
ACTING PRESIDENT KUHL: We'll
return to the order of reports of standing
committees. There is a report from the Senate
Judiciary Committee at the desk.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nominations:
As a judge of the Putnam County
Court, Robert E. Miller, of Mahopac.
ACTING PRESIDENT KUHL: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President. I rise to move the nomination of
Robert E. Miller, of Mahopac, as a judge of
the Putnam County Court. We received the
nomination from Governor Pataki. The
committee, the staff of the Judiciary
Committee has vetted the nomination, has found
the candidate's credentials to be in very good
order. Mr. Miller appeared before the
Judiciary Committee earlier this afternoon and
was unanimously moved to the floor.
And it's with great pleasure that I
yield to Senator Leibell.
7441
ACTING PRESIDENT KUHL: The chair
recognizes Senator Leibell.
SENATOR LEIBELL: Thank you, Mr.
President.
And I realize we are at a somewhat
late hour, but I would like to offer some
comments, if I may. I've had the good fortune
over the last twenty years to know the nominee
that is before this chamber today. I've known
him as an attorney, I've known him as a
community leader, and I've known him as a
close personal friend.
We are very fortunate in Putnam
County to have someone like Robert Miller to
fill this vacancy on our Putnam County Court.
Bob has served his state, his community and
his nation in a variety of ways, not only as a
successful attorney in our community but also
as a United States Marine Corps officer. He
had extensive service with the Federal Bureau
of Investigation as a special agent. And he
has been elected in the largest town in our
county as town justice in the years 1984, '85,
'89, '93, and '97, reelected and reelected
overwhelmingly.
7442
As I look at all of the
characteristics and qualifications that we
look for in a judge of our county court, his
practical experience, his education, his
community service, his temperament, his
demeanor, his sense of fairness, and his
compassion, I cannot think of anyone more
qualified than Bob Miller.
So, Mr. President, I am very
pleased here this evening to move this
nomination, and thank also the Governor and
his staff for sending us someone of such high
qualifications. I'm very pleased to support
Bob Miller for this position.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: The
question is on the nomination of Robert E.
Miller to become a judge of the Putnam County
Court. All in favor of the nomination signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
7443
nominee is unanimously confirmed.
We're very, very pleased to have
Judge Miller in the chamber with us, who's to
your left.
(Applause.)
ACTING PRESIDENT KUHL: The judge
is also joined by his children, Daniel and
Lani Miller and Marta and Steve DeWitt.
Judge, good luck. Congratulations.
The Secretary will continue to
read.
THE SECRETARY: As a judge of the
Oneida County Family Court, Lawrence A.
Sardelli, of New Hartford.
ACTING PRESIDENT KUHL: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise to move the nomination of
Lawrence A. Sardelli, of New Hartford, as a
judge of the Oneida County Family Court.
Mr. Sardelli has appeared before the
committee. He has been unanimously moved to
the floor, where he has been shepherded by the
Senator I'm about to yield to, Senator Meier,
7444
who beginning last week, knowing that this
conceivably is the last time we'd be in
session for the rest of the year, personally
took on the rather strenuous effort to ensure
that Mr. Sardelli's nomination would reach the
floor in time for confirmation today.
So it is with great pleasure that I
yield to Senator Meier for purposes of a
second.
ACTING PRESIDENT KUHL: The chair
recognizes Senator Meier on the nomination.
SENATOR MEIER: Thank you, Mr.
President.
And I also thank Senator Lack, the
chair of the Committee on the Judiciary, for
his efforts on behalf of bringing this nominee
to the floor.
And it's important to note that the
Oneida County Family Court -- and some people
may find this strange, but it's true -- has
the highest caseload in the state, the highest
per-judge caseload of any family court outside
of the City of New York. So it's very
important that this nomination be brought to
the floor today.
7445
I have known Larry Sardelli for
probably more than 20 years now, as a
practicing attorney, as a colleague, and as a
friend. Larry is certainly no stranger to
this chamber, having worked for the late State
Senator Jim Donovan, my predecessor.
And, Larry, Senator Donovan would
be very proud to see you sitting here today.
The family court is a court,
perhaps more so than any other court, where
people's lives are affected. There is
probably no more solemn responsibility that
can come before any judge than to have to make
decisions that will affect the lives of
children for the rest of their lives. And
Larry Sardelli is the kind of person who we
can, with a great deal of satisfaction, place
that trust in.
Larry has a unique qualification in
the midst of his legal resume for this
position. He spent a couple of years early in
his career as a case worker, as a social
worker with the Oneida County Department of
Social Services, seeing these kind of cases at
the ground floor. In his practice as a lawyer
7446
and as an assistant county attorney over the
last few years, he's emphasized family court
practice.
You can't just put anyone into
family court. You have to have someone who
knows the law and you have to have someone
with a depth of human experience that brings
compassion and a sense of justice and a sense
of fairness to that job. I have every
confidence that Larry Sardelli brings that to
family court.
Larry, Godspeed. Good luck.
ACTING PRESIDENT KUHL: The
question is on the nomination of Lawrence A.
Sardelli, of New Hartford, to become a judge
of the Oneida County Family Court. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is unanimously confirmed.
We're very, very pleased to be
joined by Judge Sardelli here in the court,
7447
together with his wife, Barbara, and daughter
Lisa.
Judge, congratulations, and good
luck.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Richard A. Molea, of New
Rochelle.
ACTING PRESIDENT KUHL: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise once again to move the
nomination of Richard A. Molea, of New
Rochelle, as a judge of the Court of Claims.
Again, this is another excellent nomination
from Governor Pataki.
Mr. Molea has been examined by the
staff of the Committee on the Judiciary, has
been found eminently satisfactory. He
appeared before the full committee meeting
this afternoon, has been unanimously moved to
the floor.
7448
And it's with great pleasure that I
yield to Senator Spano for purposes of a
second.
ACTING PRESIDENT KUHL: Senator
Spano.
SENATOR SPANO: Thank you,
Senator Lack.
And it is my pleasure finally to
stand on the floor of the Senate and to second
the nomination of Richard Molea. I've known
Richard for many years, and he is a consummate
professional, having worked since 1969 in the
district attorney's office in Westchester
County, holding practically every office and
position of responsibility in that office.
His reputation as a professional is
only rivaled by his own devotion to his own
family. I know his family members have been
here very patiently waiting all day today.
I will not speak long about Rich
Molea, except to say that through his civic
and professional activities, his involvement
in Westchester County -- he has been a
lecturer on criminal justice issues for a long
time, he serves as a professor and as a
7449
graduate of my alma mater, Iona College in New
Rochelle. And so that his career has been a
long one, has been an impressive one in law
enforcement.
And I have no doubt that as Judge
Molea that he will serve the state in a manner
that he is accustomed to. He'll serve us with
integrity, he'll serve us with fairness and
serve us with a deep sense of pride.
And I thank the Governor for an
outstanding appointment and with great
pleasure second the nomination of Richard
Molea to the Court of Claims.
ACTING PRESIDENT KUHL: Senator
Leibell, on the nomination.
SENATOR LEIBELL: Yes. If I
could, Mr. President, I'll just echo my
colleague's comments that what a wonderful
career Richard Molea's had.
We started out many years ago -
actually, Rich, you were ahead of me a few
years in the Westchester DA's office. And I
always remembered you as being such a fine
prosecutor. But even more importantly, within
the office, the great respect we all had for
7450
you as a teacher for us new guys coming into
the office.
A person with a wonderful
disposition who has gotten along with
everybody throughout his career. You're going
to have a great career as a judge.
Congratulations.
ACTING PRESIDENT KUHL: Senator
Oppenheimer, on the nomination.
SENATOR OPPENHEIMER: Well, just
to make this a bipartisan affair, I want to
say that I can't imagine if there's anybody
better than Judge -- I'm already calling him a
judge -- than Richard Molea. And his
background and his temperament, his
personality, his intellect all qualify him
immensely for this position.
I'm very proud to be a third -- not
a second, but a third.
ACTING PRESIDENT KUHL: The
question is on the nomination of Richard A.
Molea, of New Rochelle, to become a judge of
the Court of Claims. All those in favor
signify by saying aye.
(Response of "Aye.")
7451
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is unanimously confirmed.
We're very pleased to have the
judge with us, today with his wife, Virginia,
their daughter, and some grandchildren.
Judge, congratulations and good
luck.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Alton R. Waldon, Jr., of
Cambria Heights.
Senator Lack.
SENATOR LACK: Thank you, Mr.
President.
This is one of those nice pleasures
about being chair of the Senate Committee on
the Judiciary. I get to stand up first to
move a nomination of the Governor. And at
this time it's particularly nice because it's
a member of our own house.
7452
It's even nicer that the Governor
has seen fit to nominate a member of the
Democratic party when the Governor is a
Republican. It shows once again that I think
Governor Pataki is more than evenhanded in
picking his choices for the judiciary. And he
certainly, if I can speak for a moment myself,
has made an excellent choice in not only
taking a person who's eminently qualified to
become a member of the Court of Claims, but
who has become a distinguished member of this
chamber and who I think every one of my
colleagues, both Republican and Democrat, will
agree will be a serious loss to the chamber,
who we've certainly enjoyed the years that Al
Waldon has been amongst us.
And every one of us who has
practiced law can foresee that with his
even-handed temperament, his wise and courtly
manner, he will be certainly an asset to a
court that has been rapidly changing in its
focus over the last few years. And it will be
our loss, but certainly the Court of Claims'
gain to have such a representative as Al
Waldon leave this chamber and join that court.
7453
So, Al, to you my personal
congratulations. And I'll fall back on what
has to be my additional duties, and that is
yield the floor, first to the Senate Majority
Leader, Senator Bruno, who would like to say a
few words on your behalf, and then I'm sure to
a lot of our other colleagues, who have
similar things to say.
But in terms of formal, you have
been screened by the staff of the Committee on
Judiciary, you have been found eminently
qualified, you appeared -- you left the
committee today, appeared before the
committee, have been unanimously referred to
the floor.
It's with great pleasure I yield to
Senator Bruno for purposes of a second.
ACTING PRESIDENT KUHL: The chair
recognizes Senator Bruno.
SENATOR BRUNO: Thank you very
much, Mr. President and Senator Lack.
And Senator Lack indicates all of
the meritorious reasons why Senator Waldon
should be assuming the bench and representing
a different constituency in a different way.
7454
I wanted to simply say what a
pleasure it has been to serve with you,
Senator, here in this chamber. You are a
committed, dedicated public servant. Your
family should be very proud of you, as your
colleagues are proud of you, having served in
the Assembly, in Congress, in the Senate, and
now to the bench, to the Court of Claims. A
very high honor, and one that you've earned
and is well-deserved, in your deportment, in
the way you've handled yourself and carried
yourself here.
You have been a very worthwhile
opponent at times. And when we have debated,
I at those times wished that you had been on
the bench.
(Laughter.)
SENATOR BRUNO: But you were here
and we concluded those discussions, and you go
on now in a different way. But all the
relationships are here you will take with you,
and all the memories that you have here with
your colleagues you'll be taking with you.
And we will have those same cherished
thoughts. Because while we argue and we
7455
debate, we all recognize that we're here to
serve the public.
So I congratulate you, commend you,
congratulate your family and wish you the
very, very best of health and extended success
into the millennium.
ACTING PRESIDENT KUHL: Senator
Connor, on the nomination.
SENATOR CONNOR: Thank you, Mr.
President.
Before I get personal, I think for
the record we ought to reflect a moment upon a
resume that's more than a resume. Al Waldon
has an incredible -- he is an incredible
story. Al graduated from Boys High School,
served in the Army. I know he was in Germany.
I once learned that when we encountered some
people speaking German and Al was fluent in
conversation with them. He joined the Housing
Police Department and rose to the rank of
captain in the police department.
While he was a -- I should say
before that, Barbara, he was a singer; right?
He was a singer, inspired professionalism. He
once told me, though, when he fell madly in
7456
love with Barbara and asked for her hand, her
father said, "Young man, singing is not a real
job. Singing in saloons is not a real job."
And so that's how he found his way onto the
police.
While he was a police officer,
rising through the ranks, as I say, to the
rank of captain, he also attended John Jay
College of Criminal Justice and New York Law
School, and thus his academic credentials as a
lawyer. In law school he received the
Thurgood Marshall scholarship, received that
for academic achievement. He's been an
attorney since 1975 and has had an interesting
practice representing professional athletes in
basketball, football, and tennis, and as well
as some entertainers.
He has served as a deputy
commissioner of the State Division of Human
Rights, then was elected to the New York State
Assembly. Then we know he was elected to
Congress, and in fact was the first
African-American member of Congress from the
County of Queens. He later served on the -
what do we call that, the crime -- the State
7457
Commission of Investigation, and then was
elected to the State Senate, where we have
enjoyed his company as a colleague these past
years.
Al has been a personal friend to me
over the years. I actually really got to know
him back when he was in the Assembly. One day
he was looking for an election lawyer and he
ran into me on the street outside, and we
began a friendship -- more than just a
professional relationship, but a friendship
that's persisted. I've enjoyed his company
and the company of he and Barbara on many,
many occasions, many social occasions.
We've all enjoyed him on the floor
here as a debater, as an extraordinarily -
not just conscientious legislator, but I think
we have seen the insight he has brought to
many, many topics that we have debated. And
the caring, the compassion, all born of his
life experience, which has given us a
perspective on so many different topics,
whether my colleagues in the majority on
occasion liked it or not. Usually we
Democrats loved it.
7458
And it just is wonderful that the
Governor -- as Senator Lack commented, he
thought it was especially wonderful that the
Governor appointed a Democrat from this body.
We think so too. In fact, we think he ought
to keep it up.
(Laughter.)
SENATOR CONNOR: So, Al, as you
go on to the bench, where I know you will make
significant contributions to the jurisprudence
of this state, I wish you well. I know my
colleagues -- and I know many of them will
speak -- wish you well. We're delighted for
you.
Al is here with Barbara, with his
son Alton the third and his guest, Laurette
Lawrence. Al's son Ian is here with his
fiancee, Natasha James, and Al's daughter Dana
is here with her husband, Robert Carbuccia,
and a very, very special person, their son,
Al's grandson Kyle.
So, Al, to you and your family, we
wish you well. We hold such fond regard for
you, such enormous respect. And I personally,
on my behalf, and I should say on behalf of my
7459
spouse as well as our colleagues, we're just
delighted at this appointment and this
confirmation.
ACTING PRESIDENT KUHL: Senator
Breslin, on the nomination.
SENATOR BRESLIN: Thank you, Mr.
President.
I have been blessed in my 3½ years
here by sitting next to Senator Waldon. You
know, we have many lulls in this chamber. And
as you've heard, Al was a policeman, a singer,
Congressman, Senator, Assemblyman. Well, if I
asked him the capital of Chechnya, he'd know
it. If I asked him who was the president of
Pakistan, he'd know it. Or the third baseman
for the Chicago Cubs in 1942, for that matter.
We sit and chat, but I'm always amazed at the
depth of his knowledge.
But more importantly, when we see
him on the floor, I'm even more impressed by
his ability to be compassionate and
understanding, to debate and not take it
personally, to be a friend to the other side
as well as this side, and present views that
are very important to our society, to help us
7460
make it a better society, a more level playing
field.
And Al, if you listen to him,
that's always underlying each of his
arguments: How do we make this a better
world. Well, Al will make the Court of Claims
a better world. And we will miss him dearly.
Congratulations, Al.
ACTING PRESIDENT KUHL: Senator
Nozzolio.
SENATOR NOZZOLIO: Mr. President,
if Senator Waldon would yield.
(Laughter.)
SENATOR NOZZOLIO: Mr. President,
as my bills come before this chamber from time
to time, I can always rely on my good friend
Al Waldon to ask me some question that I
really didn't want to answer, to focus on some
policy matter that I'm sure he and I disagreed
with.
But I am rising because I
compliment Governor Pataki on this truly
wonderful appointment. Al is a tremendously
sincere, dedicated public servant who I am
honored to serve with. I wish him all good
7461
wishes in his new position. I'm going to
miss -- I don't think I'll go that far. I'll
certainly look back on our colloquies with
warm reflection.
And, Al, I know you'll be a
tremendous judge. Mr. President -
congratulations, Al.
ACTING PRESIDENT KUHL: Senator
Maltese, on the nomination.
SENATOR MALTESE: Mr. President,
first of all, I too wish to congratulate the
Governor on such a fine appointment. To reach
into the Senate of the State of New York and
take such a talented, articulate candidate for
the judiciary is an act that deserves credit
and approbation.
Just reflecting on some of the
things previously said by Senator Connor and
others, here's a judicial candidate, soon to
be judge, that was an Assemblyman, a Senator,
a Congressman, commissioner, a housing police
officer, a captain, a veteran, who went into
the service after graduating from Boys High
and then, after a successful career in the
housing police, went to law school and became
7462
an attorney and then went into government.
Senator Breslin has commented on
the fact that Senator Waldon's humanity showed
through many of the things that he said in
this chamber. I'd like to just mention for a
moment the scene from my end of the aisle, and
as a fellow Queensite and a friend and
colleague of Senator Waldon, many times when
bills were being debated and Senator Waldon
would debate, I didn't know how he was going
to vote until the final vote. And this is a
talent, Mr. President.
I think that Senator Waldon will be
missed in this chamber. He's going to another
arena, so to speak. He will bring with it a
breadth of experience that is vast and I
think, looking at his background and
curriculum vitae, one that I haven't seen for
a long time. I hope that he will maintain his
contacts with us in the Senate.
I wish him and Barbara and his
family the very, very best and extend
congratulations to the new judge.
ACTING PRESIDENT KUHL: Senator
Smith, on the nomination.
7463
SENATOR SMITH: Thank you, Mr.
President.
I too rise to second this
nomination. But there's not very much left to
be said. Everyone has talked about the
background of Senator Waldon, and we all know
about how he has excelled. But I want to talk
about the ballplayer Al Waldon and all that he
learned at Boys High. He learned
gamesmanship. He learned how to play the game
fairly and how to win. And all of those
things will be important as he accepts his new
role on the judiciary.
Al has excelled himself in this
chamber, and he's truly been a friend in
Queens. When I was reapportioned into Queens,
I took a little portion of what was his
district. And someone else may not have been
as generous in assisting me to become
acclimated to what we consider foreign
territory.
I appreciate your friendship. I
will miss you dearly. But I wish you and your
family all of the best. And I look forward to
seeing a lot more of you, because you'll have
7464
a lot more free time.
ACTING PRESIDENT KUHL: Senator
Seabrook, on the nomination.
SENATOR SEABROOK: Yes,
Mr. President.
I rise to second this nomination of
Al Waldon, one who exemplifies such character,
distinction, and style. And he has displayed
that for all of the years that I've known him,
and that's for a lot of years.
And when I came into the Assembly
with Al Waldon, Al Waldon was a role model in
the Assembly. And his dynamic debate style,
which carried over to the Senate, and he was
such a character.
But Al Waldon that I like, he
always provided us with so much information.
And although, Barbara, he sung to you, I had
to listen to the tapes in his office. And I
said, "Al, when I become the chairman of the
caucus, you will have the opportunity to sing
at our annual dinner." And he wouldn't
believe it. And Al sung at our annual dinner.
And he was such a class act, until Time Warner
was knocking at the door. But he decided that
7465
it would be a better calling -- and the
Governor was at the dinner, and the Governor
decided that it would be a better call to
place him on the Court of Claims.
And there is a character that will
be on the Court of Claims that would exemplify
what judicial temperament is, what fairness
is, and what justice is about. And Al Waldon
exemplifies all of that.
And I can say, Al, I followed you
at John Jay, and Al Waldon was the implement
of all the programs that we experienced at
John Jay. So he has truly been a role model
and one that I have looked up to for many
years and asked for advice on a number of
occasions. So he will certainly be missed in
this chamber.
But, Al, you've done us proud.
ACTING PRESIDENT KUHL: Senator
Mendez, on the nomination.
SENATOR MENDEZ: Thank you, Mr.
President.
I too rise to congratulate Governor
Pataki for making such a superb appointment in
Al Waldon to the Court of Appeals. And as
7466
Senator Smith previously said, everything
already has been said.
What strikes me tremendously is the
drive that this man has shown, the search for
learning. In every occupation that he has
gone into, he has achieved and excelled and
kept on going. I think, Al, that you truly
represent a tremendous, a tremendous role
model for all though kids that we have in New
York City, the young ones, with the housing
police -- for them to hear about your career,
your exemplary career. And I tell you, the
only thing I didn't know is that you were a
singer and that you sing well, according to
people who have heard you.
So anyhow, we wish you the very
best there. We're going to miss you here. We
admire you as a debater. And again, you've
been very fair. And I, coming from a culture
of touchy people, we like to touch each other,
I'm going to miss your warmth. You've been a
very warm, wonderful colleague to all of us,
the fifty -- 61 of us here. We appreciate
your talents. We wish you the very best. And
God bless.
7467
ACTING PRESIDENT KUHL: Senator
Sampson.
SENATOR SAMPSON: Thank you, Mr.
President.
I too rise and commend the Governor
for his appointment of Al Waldon to the Court
of Claims. For the last couple of months I've
been asking the Senator when he's going to be
confirmed. And I wanted to make sure I was
here. And today I was scheduled to go to
trial this morning, and I told the judge that
I couldn't go to trial this morning because I
had to be here because one of my colleagues
was being appointed to the Court of Claims.
And for 3½ years I've been blessed
to have my office near Senator Waldon's. And
not only has he served as a friend and a
colleague but as a mentor to me, as to how to
not only be a politician but to be an elected
official. And I want to thank you for all the
advice you have given me to be all the best
that I can be.
And you indeed are a role model for
all those young men in the city and throughout
New York State, throughout this country, to
7468
show that just because you may be born into
poverty does not mean you have to stay in
poverty, ladies and gentlemen.
And I want to thank you for all the
advice you have shared with us, and your
skills. And hopefully you will not be just as
a conscience of the Legislature but also a
conscience of the bench. Thank you very much,
Senator Waldon.
ACTING PRESIDENT KUHL: Senator
Maziarz, on the nomination.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
I just want to add my
congratulations to Senator Waldon, wish him
well. I remember almost six years ago when I
first came to this great institution, it was
after a special election and it was right in
the middle of session. It was in the middle
of March, and it was a very busy time around
here. And a new person walking in like that
can get sometimes lost or forgotten in the
shuffle.
And one of the first individuals
from the other side of the aisle who came over
7469
to shake my hand and welcome me to this great
institution was Senator Waldon. And I have
not forgotten that to this day, and I
sincerely appreciate that.
Your family has a lot to be proud
of. And, quite frankly, I think you're going
to move up in the judiciary as you have
throughout your career. And I offer my
congratulations.
And I've got to tell you honestly,
Senator, I'm not going to miss all those very
same debates that you had with Senator Volker
and Senator Nozzolio. They seem, after having
been here for five years, to repeat themselves
year after year. So it will be somewhat
refreshing to hear a new voice over on that
side of the aisle, too.
But we will miss you, Senator, and
good luck.
ACTING PRESIDENT KUHL: Senator
Volker, on the nomination.
SENATOR VOLKER: Mr. President -
and I will be brief, although there are many
things I could certainly say.
I was thinking one time that
7470
Senator Waldon said to me, "When I grow up,
I'll have a real job." Well, I guess this is
his real job, this Court of Claims.
But let me say to you that -- and I
mean this very sincerely -- that we confirm a
lot of people here for judgeships, some very
good people, excellent people, people that I
feel very comfortable with are going to be
super judges. But you, Al, are one of those
people who I more than feel comfortable about.
Having known you as long as I have, before
actually you were here at the Senate, I know
that you will be make a judge that will make
not only this chamber proud but -- I mean it
very sincerely -- will make this state proud,
because of the kind of gentleman you are and
the intellect you have and so forth.
But from my perspective, I guess,
having been chairman of Codes since 1987 -
it's hard to believe -- I've served with a lot
of people, a lot of ranking members, and some
very good and sharp ranking members. But no
one that I've served with as a ranking member
has been as good and sharp and yet as much a
gentleman as you have as a ranking member of
7471
my committee.
And I will miss you very much. And
as you go off to become a judge, I hope that
you do remember us here, because we'll
remember you. You know, the fine people that
have gone through this chamber -- and John
Marchi, you've been here a few years longer
than I have, although I've been here now -
this next year will start my 26th year here in
the Senate, 28th in both houses. I've been
here long enough that I like to think that I
can really see class. And you are a class
act.
And my best to you and your family
for the future.
ACTING PRESIDENT KUHL: Senator
Paterson, on the nomination.
SENATOR PATERSON: There's a
premise that many of the previous speakers
have emphasized that I think needs to be
stated and restated. We are here today to
nominate a man who possesses a rare
combination of skills. He's been a singer, an
artist, a scholar, an athlete, a lawyer, an
agent, a linguist, a Congressman, a Senator,
7472
an Assemblyman, a commissioner, a police
officer, a military officer. He is truly a
person of distinction. His resume and his
career somehow, to me, is very much comparable
to the resume of former president George Bush,
who had kind of done everything in government
before he got elected.
His achievements as an individual
in many respects remind me of Paul Robeson,
who was someone who distinguished himself in
so many different careers, had so many
different types of skills. But I want to talk
about the one that I will most miss Senator
Waldon for, and it's his humanity. I want to
talk about Al Waldon, Alton Waldon the man.
When I first came to the
Legislature in 1985, he was an Assemblyman.
He came my office and showed me all of his
bills. And he said, "These are the ones that
no one's sponsored in the Senate. If you'd
like to sponsor them, I'd like you to have
them." When I came to the Senate, I was so
paranoid I thought he was sitting me up for
something. I couldn't figure out why somebody
would come to me to talk to someone they'd
7473
barely gotten to know and make that kind of
gesture.
I remember Senator Waldon -
Assemblyman Waldon when he then became
Congressman Waldon and in a very short period
of time made an impact in southeast Queens,
the district that he represented.
In 1991, he came back here to the
Senate. When he was first elected, we were
having a bit of a leadership fight on this
side of the aisle. And you would have
expected that a new member would come in and
do whatever the leaders told them to do and
that kind of thing. Alton Waldon turned right
around and did what he thought he should do,
which made quite an impression on me.
I've stood here in this chamber and
watched what I thought was an opportunity for
me to have a ringside seat in some of the
celebrated battles between Senator Waldon, the
ranking on the Codes Committee, and Senator
Volker, the chair on the Codes Committee. On
both sides, always very astute discussions,
with a great deal of class on both sides of
the aisle.
7474
And certainly I will never forget
the dinners that I had with Senator Waldon and
Senator Smith where he would over and over
tell us about the different ways in which he
courted his wife. And I must say he always
told the same story, but in a very eloquent
and different way each time.
I'm going to remember him as an
agent for a lot of well-known athletes. One
of them, through the mentorship of Senator
Waldon, was recognized as the National
Basketball Association's Humanitarian of the
Year. That was a basketball player named
Tyrone Corbin.
And then probably one of his
athletes for whom he was agent would probably
want to be recognized as one of those who
would lend his voice to the salute to Senator
Waldon. Even though they've had similar
intellect, they had varying personalities.
And I'm talking about the former forward of
the Detroit Pistons, Rick Mahorn, who enjoyed
Senator Waldon's company so much he has
promised to name his son after Senator Waldon.
Senator Waldon was actually my
7475
agent before I was cut from the Mets.
(Laughter.)
SENATOR PATERSON: And so he
hasn't won every argument that he was ever in.
But he certainly was someone that I remember
for some of his great contributions to this
chamber.
Now, the next speaker is going to
be Senator Dollinger, whose greatest desire in
life is to be recognized in any way such as we
are recognizing Senator Waldon. And I
remember a particular day when Senator
Dollinger and Senator Waldon had decided to
get up and have kind of a questioning of each
other over the famous Marbury v. Madison case.
But in both of their great intellects, they
did not realize that neither of them had
spoken on the bill so that they could not ask
each other a question, pursuant to a new
Senate rule. The only person that had spoken
on the bill was myself. So they asked me to
go through what I remembered about the Marbury
v. Madison case, which I read over 20 years
ago and completely fumbled through. And then
Senator Waldon got up and gave me really one
7476
of the greatest compliments I've ever received
in this chamber. That's the kind of person
that we're saluting today.
When you go into a judge's chamber,
when the judge comes into the chamber and you
see the judge in his or her robes, we always
rise. And we're not saluting the individual,
because I daresay we've let a few people pass
this chamber who really did not distinguish
themselves in the courts for which we
nominated them. But it's the tradition, it's
the ritual, it's the spirit of our country and
the values of the democracy that make us stand
up whenever any judge comes in a room. It's
the respect that we're showing for the office
and for the platitudes of the office.
But when we come into your chamber,
Judge Waldon, when you come into your chamber,
when we stand up for you, it will never be out
of any ritual. It's going to be for all of
the times that you have stood up for us -- not
only people from your community, but people
from all communities who've recognized the
tremendous work you've done in your life and
the tremendous service you will give to our
7477
state when you're on the Court of Claims.
ACTING PRESIDENT KUHL: Senator
Dollinger, on the nomination.
SENATOR DOLLINGER: Thank you,
Mr. President.
First of all, I have an
announcement from the Democratic Conference.
We have decided that our lifetime achievement
award for the best-dressed member of the
Senate will hereafter be called the "Alton R.
Waldon, Jr., Award." We have three nominees
this year for the award, for the first time
after it's been held seven years by its
namesake -- Senator Seabrook, Senator
Montgomery, and Senator Smith are all expected
to be nominated.
However, I want you to know for
absolute certainty that the three-button suit
that Senator Paterson wears will not qualify
for the three-piece suit that Senator Waldon
often wore in these chambers. And I would
expect there will be a spirited contest for
the best-dressed award this year, named in the
honor of our new Court of Claims judge.
I also have a personal loss that
7478
comes with the departure of tonight's nominees
for the bench. And that is, Senator Waldon,
you have filled an enormous void in my life
and knowledge of sports. You are, without
question, the world's expert on obscure New
York City basketball playground players.
I have sat so many times with
Senator Seabrook and Senator Paterson and
Senator Sampson, and we will start talking and
there will be a description of someone dunking
in the playgrounds, and someone will say, "He
was Ducky," or "He was Frankie." Senator
Waldon happens to walk by, and he's got the
name, address, knew what happened to him, knew
where he played in JCC. He's got all the
details on him.
I'm convinced, Senator Waldon, that
you spent a lot of time on those playgrounds
not only shooting hoops a couple of years ago
but scouting the talent available on the
playgrounds. And all I can say is, Senator,
we want your telephone number. There will be
debates about who these obscure players were
and who they were dunking over. You will hold
the final say on the bench.
7479
I'd like to close on one other
note, and it has to do with hats. Obviously
this new Court of Claims judge has worn many
hats -- a captain's hat, a Congressional hat,
the hat of a Senator, an Assemblyman, and a
lawyer. But I went to -- took some time off
after I went through the election cycle, and I
went to Puerto Rico, to the home of Senator
Mendez. And I saw something there that
reminded me of something about hats that I
learned. I watched someone build a hat out of
reeds, make a hat.
And I would just suggest to you,
Senator, that it's not so much the other hats
that you take on in your life that are
important, but the hat that you build for
yourself. It's built of character, it's built
of love of family, love of God, love of
country, and the ideals and the principles
that characterize the human spirit. And Al
Waldon, you have all that woven into a hat
that I hope you will wear proudly on the
bench.
I said it in the Judiciary
Committee, I'll say it again. In cases that
7480
involve the state, it's oftentimes the big
guy, the State of New York, against the little
guy. I have every belief that in the cases
that are on your docket, the little guy will
know that, because of the hat that you have
created for yourself, that they will get
justice in our courts. And that is the most
important thing we can give to anyone in this
state.
Godspeed.
ACTING PRESIDENT KUHL: Senator
Lachman, on the nomination.
SENATOR LACHMAN: At this point,
Senator Dollinger spoke about the little guy.
I would like to direct my remarks to the
littlest guy in this chamber, Senator Waldon's
grandson, Kyle Carbuccia.
And I'm doing this because we share
many things. We also share the fact that I
have a little grandson a few months older than
your little grandson. And I know that in
years to come, his mother and father and his
grandmother, not to mention his aunts and
uncles, will be talking about grandpa and his
elevation to the Court of Claims.
7481
So, Kyle, I want to say to you that
you might not realize it now, at the age of
two months, but at the age of two years, I'm
sure you'll understand it: You have a most
unusual grandfather. He has brought to this
Senate chamber grace, dignity, integrity,
intelligence. Those are very, very rare
things to bring to any chamber. Kyle, he's a
grandpa who believes in the politics of
inclusion at a time when many people develop
issues of exclusion. And, Kyle, he's one of
the best role models in this chamber or any
other chamber or any way of life.
Now, I can say to you that you're
not going to be able to follow grandpa, but
grandpa doesn't want you to follow him. He
wants you to do what he did in his life and
what he will continue to do in his life for
many years as a distinguished member of the
Court of Claims. And that is to give it all,
to do it the right way, to go as far as you
can, and always remember -- always remember
that the best way to do things is the right
way to do things.
I'm going to miss grandpa a great
7482
deal. Frequently -- I've only been here four
years, and I came from a totally different
environment. And frequently I would walk into
the chamber and I'd turn behind me and I'd
say, "Al, what's going on?"
The pressure will now be on you,
Senator Breslin. Senator Waldon will no
longer be here.
Al always knew what was going on,
and he expressed what was going on in an
inimitable manner which can't be replicated or
duplicated.
Our loss today is the gain of the
Court of Claims. And for many years from now,
Kyle, your grandpa will not only be friendly
with the members of the Court of Claims but I
know will continue his friendship with the
members of the New York State Senate.
Godspeed.
ACTING PRESIDENT KUHL: Senator
Stafford, on the nomination.
SENATOR STAFFORD: Mr. President,
it's all been said. I usually say that when I
stand up. And I can actually say this to a
member, I don't stand up -- well, anyway, the
7483
point is it's all been said.
But please allow me to add one word
with all of this -- and I second everything
that's been said so well to a fine candidate.
Collegiality. That's something we need. And
that's something Senator Waldon has. And if I
can put anything in the mix that's been said
so well here, that's something we all should
remember. And again, Senator Waldon has had
that. He's a fine Court of Claims judge.
Thank you.
ACTING PRESIDENT KUHL: Senator
Stachowski, on the nomination.
SENATOR STACHOWSKI: I too would
like to join in congratulating the Governor
and say a few words about Al.
I always try to think how I first
met people when I got here or they got here.
And in Al's case the first time, since we
really don't do that much with the Assembly
day to day, the first real memories I have of
Al was playing softball against him. And I
always like to put people in athletic context.
And I remember that Al hit the ball very, very
hard. I mean, there's no way I can describe
7484
this otherwise. And not necessarily far, but
hard.
And I must say I was very happy
when he went to Congress, because the Assembly
had, you know, a lot of younger guys -- and I
was young when I first got here, obviously.
I'm a lot older now. But they had a lot of
guys who could play and a lot of guys who
could hit, maybe far. But nobody hit the ball
harder. It's a very heavy ball to deal with.
So I didn't miss that when Al left.
I was glad to see him come back
when he came as a Senate member, but
unfortunately -- figuring we were going to
take advantage of his hitting -- we stopped
having the game, because most of the fellows
in the Senate and the ladies that played all
wanted to play in the big game, but nobody
wanted to play in the practice games. So we
kind of gave that up because people started
getting hurt.
Then I learned all about Al's
background in athletics and his basketball
experiences and his representing people and
people he knew from growing up with them. And
7485
Al's always been my source for inside
information in the NBA, so, since I don't
follow it that closely since Buffalo doesn't
have a team any longer -- I still follow it,
but Al gives me all the good information,
because his friend Len Wilkins tells him
stuff. So I learn things I would never learn
otherwise.
So I like to keep the athletic part
of people, and it's easier for me to deal
with. And actually, it's really lucky for Al
during this last few months that he has that
athletic background, because as people that
play athletics know, that oftentimes to get
the reward there's a lot of hard work and a
lot of patience involved and a lot of
wondering if it's going to finish good and you
might be leading by a few points and you don't
want to see the game fall apart at the end and
you lose. But in this particular situation,
that didn't happen, and the good team
prevailed, and Al is getting to be going on
the bench.
I think that Al brings a great deal
of experience, as previously mentioned. I
7486
think that his experience will serve him well,
all the different things that he did. And
yes, I too heard all the courtship stories,
and they're all wonderful, and he regales us
with all these family stories, and they're all
wonderful. The fact is that ET is a great
storyteller.
I think, though, that as a memory
of Al in the chamber, what I'm going to take
is the humanity he brings. And I was really
mad when David said it, because nobody had
used that word yet. So David stole my word.
I think he saw it on my notes when he got up.
For those of you who know, he can't
see that far. I read with his glasses once,
so I feel free to joke like that.
(Laughter.)
SENATOR STACHOWSKI: I have
always found it amazing that Al would be in
these heated debates and, as Ron mentioned,
would be so collegial with the person he
debated with afterwards. And the thing that I
found most out of his debates and where his
humanity really came out was say it was a
corrections issue or a codes issue and it was
7487
talking about how you treated criminals or
what they did and what their treatments were
going to be and what we were proposing the
state to do in steps of making the state a
better place. And oftentimes it seems that
the only things we're proposing are how to
keep criminals in jail longer or make stiffer
penalties and things of that nature.
And what always rang out in Al's
debate was he never said that these people
didn't do something wrong that got them in
jail in the first place. But his main
interest was how was he going to turn those
people around to be better people when they
got out and what kind of programs did we need
to prevent other people from doing the same
things, and where would we best spend our
money -- would it be better spent in putting
more people in jail or in having programs to
make sure that less people got themselves in
the position that they ended up in jail. And
I think he was always in the right on those
debates.
And I think that that attitude and
that kind of humanity will serve him very well
7488
on the bench. I think that there was always a
sense of justice, but there was always a sense
of what can I do to make this person a greater
person. And I think that's just a wonderful
trait he has, and nobody can take it away.
The only question I have out of all
of this, and I think it's great that Al's
going to the bench, is what's Rick Mahorn
going to do without you?
Congratulations, Al.
ACTING PRESIDENT KUHL: Senator
Marchi, on the nomination.
SENATOR MARCHI: Well, Al, I -
I'm winding up my 39th year as a member of
this house; before, I served on staff. And
you certainly stand out. You are an exemplar.
I remember, going back, Senator's Paterson's
family, Senator Volker's family. This is the
depth of the people that I've met. The
hundreds, I don't -- I just can't count the
number over 39 years. Including you,
Mr. President.
You must be gathering something,
and your family that's sitting there hearing
all this must understand that beyond the
7489
established record, beyond the fact that the
public confers great approbation on what
you've been doing and what they expect of you
in the future, that we're all going to miss
you. We're going to miss this person, because
we have great affection for him. Great
affection for him personally as a human being,
as a wonderful person. And this is the
feeling that we carry.
And I've seen so many numberless
people, but you are a class person. I don't
know how many times I'll speak again before I
leave these hallowed halls, but I do hope that
you find great fulfillment, great satisfaction
from your future, because you've endowed every
single aspect of your life with animation,
with constructive input, and you've been
simply great all the way.
And I'm so happy that your family
is here to hear this, because that's the way
we feel about him. It's a matter of affection
by all of us for a great individual.
God bless you, and Godspeed.
ACTING PRESIDENT KUHL: Senator
Hevesi, on the nomination.
7490
SENATOR HEVESI: Thank you, Mr.
President.
Mr. President, Senator Stachowski
got me thinking when was the first time I met
Senator Waldon. And memory doesn't serve me
terribly well; I probably met him as a kid at
some political function in Queens. But my
first real memory of Al Waldon was in the
second week of January, 1991. I walked into
this chamber as an intern for a former
Senator, Manny Gold. I sat on that bench
right over there. And I didn't know what I
was doing. Session was about to start, and I
thought I had some other meeting I had to go
to. So I reached over to the first Senator,
who was sitting in one of these chairs right
here, and I said, "Senator, how long is
session going to go on for today?" And he
said to me, "I have no idea. Today is my
first day too."
(Laughter.)
SENATOR HEVESI: And it was
Senator Al Waldon. And interestingly, in my
experience in the last 18 years, that was the
only thing Al Waldon didn't know.
7491
I had the pleasure of his
experience and intellect and humor and all
those other wonderful characteristics which
have been so adequately expressed here today
in that session, and in this session here
today.
And I'd just like to make the
observation that if you were writing the job
description of a member of the judiciary, Al
Waldon is your guy. Forget all of the
excessively impressive resume experiences and
wonderful life experiences, but just the
personal what are the qualities you want in a
member of the bench -- deliberative,
intuitive, thoughtful, compassionate,
insightful, you name it. And that's Al
Waldon.
And one other thing that I think,
just because it's so obvious -- I don't
believe I've heard anybody else said it
today -- Al Waldon is the epitome of
integrity. The most honest, straightforward,
straight shooter, absolute role model for
anyone. And the people whom he will now serve
as a member of the bench are the true
7492
beneficiaries of the Governor's wise decision
and this body's wise decision to confirm him
today.
Senator Waldon, I congratulate you
and wish you the best of luck. You deserve
it.
ACTING PRESIDENT KUHL: Senator
Schneiderman, on the nomination.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I will be very brief.
Senator Waldon, as usual, ahead of
the curve, foresight, has got lobbyist-free
food available for himself and his family
ready tonight. I don't know how he did it,
but he knew that he had to start supplying his
own, and he's taken care of it. So I'll let
you get to it quickly.
I just wanted to say that in the
short time I've been here, I've very much
appreciated the fact that early in the
session, Senator Waldon reached out to me.
And there are two things that he impressed on
me very early and that I think I've benefited
greatly from. First of all, his approach to
criminal justice issues is marvelous. And
7493
this is an area we'll been working on for a
long time to come. But the combination, the
confidence he has that compassion and firmness
work together, has been something of a real
inspiration.
And the second thing, and it's been
mentioned before -- and I'm glad Senator
Volker is still here -- watching his
interaction in the Codes Committee and on the
floor and his interaction with Senator Volker
has shown to me in a very rough partisan time,
when some of us young hotheads get carried
away, you can be very effective and be a
gentleman. And one thing I will remember
about this, and your efforts to impress this
upon me -- and any failing is due to my
ineptitude and not to your great example -
you have been a true gentleman and yet you
have been strong on the issues you care about
and have been very effective.
And that means a lot to us, and I
thank you. And I think there are a lot of
other younger members of the Senate who have
benefited from your counsel over the years who
would echo this. You're going to make a fine
7494
judge.
And I will stop now so we can get
to a fine dinner. Congratulations.
ACTING PRESIDENT KUHL: Senator
Onorato, on the nomination.
SENATOR ONORATO: Mr. President,
I rise to join my colleagues. I've heard all
of the wonderful superlatives that were cast
in his direction. I've attended the committee
meeting for him. I didn't have an opportunity
to suppress all of the evidence, the reasons
for not allowing his nomination to come to the
floor. But as usual, they wouldn't allow me
to speak.
Al, I've been reading over your
resume. It's quite obvious, you can't hold a
job.
(Laughter.)
SENATOR ONORATO: So I hope that
this nomination now will be the culmination of
your wanderlust and you'll set foot where you
really belong, administering the justice that
we make legislation for here in this chamber.
I am tremendously happy for you,
and at the same time I'm very, very sad about
7495
losing your constant companionship that we've
shared ever since you got into this chamber.
We broke bread together, we shared a lot of
comical moments just to break up all of the
seriousness in it, to realize that there are
other important things in life besides
politics and the Legislature.
You've gotten your new
grandchild -- and I know I've lorded it over
you, always letting you know that I've got six
grandchildren, to make sure. So you've got a
lot more to look forward to. I'm telling your
children to work hard and make mommy and daddy
six times over so that they can compete with
me.
And again, everything that I wish
for me and my family, Al, I wish for you and
yours. God bless you and Godspeed.
ACTING PRESIDENT KUHL: Senator
Hoffmann, on the nomination.
SENATOR HOFFMANN: Thank you very
much.
It's been a real pleasure to serve
with Senator Waldon. He is a remarkable
gentleman and such a talented individual.
7496
Rarely on the bench do you find someone with
this varied background, from his days as a
singer and a musician of considerable renown,
a sports afficionado, an athlete, somebody
with law enforcement experience and
legislative experience at the federal and
state level. Seldom do we find people on the
bench who have all of these attributes in
their own personal dossier.
When the individuals who will be
appearing before Senator Waldon see him there
in his black robes, little will they know of
his wide range of personal experience that
gives him an insight into the rest of the
world far beyond what many of his counterparts
will have.
But I think the thing that has
impressed me most and been most satisfying
over the years that we've worked together is
the fact that he was always willing to
understand, to take the time to learn about
people with whom he might not have had
personal familiarity or who were in other
parts of the state.
There was little personal motive
7497
for Senator Waldon to be concerned about
agriculture in this state. Even though I
regularly admonish everybody to pay attention
because it is our most important industry in
New York, it often falls on deaf ears. But
Senator Waldon I know was willing to
personalize the role, the lives, and the
economy of farm families in this state. He
truly cared about people when they would come
and lobby him, want to talk with him about
agricultural issues. And it's that
sensitivity that is going to give him the
compassion to be one of the state's finest
judges.
I compliment the Governor on his
excellent choice, and I'm proud to add my
voice of support today.
Good luck, Al.
ACTING PRESIDENT KUHL: The
question is on the nomination of Alton R.
Waldon, Jr., of Cambria Heights, to become a
judge of the Court of Claims. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
7498
nay.
(No response.)
ACTING PRESIDENT KUHL: Judge
Waldon is unanimously confirmed.
And we're very, very pleased to -
(Applause.)
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Mr. President, is
there any housekeeping at the desk?
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
that spontaneous applause might have wiped out
that I think you were trying to recognize the
Senator's family.
ACTING PRESIDENT KUHL: Well, I
was. They were previously acknowledged, I
think. But Judge Waldon is here with his
wife, Barbara, and their children and their
grandson, as we've heard.
And Judge Waldon, I didn't speak,
and let me just say I think it's obvious, and
certainly obvious to your family, that this
chamber cares very much about you, the
7499
individual, and certainly the job you've done.
And to put it very simplistically, we like
you.
Good luck.
(Applause.)
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Mr. President, in
consultation with Senator Connor, I have some
minority committee assignments that I would
like to have entered into the record.
ACTING PRESIDENT KUHL: Accepted,
and it will be on file, Senator, and filed in
the Journal.
SENATOR BRUNO: And, Mr.
President, as we have concluded this year's
business in a very appropriate way, with one
of our esteemed colleagues going to the bench
as our last official order of business for
this year, there being no further business to
come before the Senate, I would move that we
stand adjourned, subject to the call of the
Majority Leader, intervening days to be
legislative days, and wish you all happy
holidays.
7500
ACTING PRESIDENT KUHL: Senator
Bruno, Senator Waldon -- now Judge Waldon -
did indicate to the chair that he was having a
minor reception in the Minority Conference
Room, and that he would welcome the
opportunity to say thank you to all of you at
that reception. That's Republicans,
Democrats, everybody. Everybody in the
Capitol, everybody.
And without objection, the Senate
stands adjourned, subject to the call of the
Majority Leader, intervening days to be
legislative days. Happy holidays to all.
(Whereupon, at 6:47 p.m., the
Senate adjourned.)