Regular Session - March 8, 2000

                                                              1192



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               March 8, 2000

                                 11:08 a.m.





                              REGULAR SESSION







                 LT. GOVERNOR MARY O. DONOHUE, President

                 STEVEN M. BOGGESS, Secretary

















                                                          1193



                           P R O C E E D I N G S

                            THE PRESIDENT:    The Senate will

                 come to order.

                            I ask everyone present to please

                 rise and repeat with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            THE PRESIDENT:    In the absence of

                 clergy, may we bow our heads in a moment of

                 silence, please.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Tuesday, March 7th, the Senate met pursuant to

                 adjournment.  The Journal of Monday,

                 March 6th, was read and approved.  On motion,

                 Senate adjourned.

                            THE PRESIDENT:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.





                                                          1194



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.

                            I move that the following bill be

                 discharged from its respective committee and

                 be recommitted with instructions to strike the

                 enacting clause:  Senate 6772.

                            THE PRESIDENT:    So ordered.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there's a privilege resolution at the desk by

                 Senator Dollinger.  May we please have the

                 title read and move for its immediate

                 adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Dollinger, Legislative Resolution 3304, urging





                                                          1195



                 the New York State Congressional Delegation to

                 grant the President's emergency supplemental

                 request to provide additional funds for the

                 Low-Income Home Energy Assistance Program.

                            THE PRESIDENT:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Thank you,

                 Madam President.  Just briefly, on this.

                            I'd like to commend Senator Wright,

                 as Chair of the Energy Committee in this

                 house, who has been a leader in pushing for

                 additional funds into the home heating

                 assistance program.

                            What this resolution simply asks is

                 that the Congressional delegation from New

                 York join as a group to secure the additional

                 $600 million in special federal assistance for

                 the home heating oil assistance program.

                            The President has announced this.

                 I think this is a wonderful thing for the

                 people that we represent that need home

                 heating oil.

                            And I commend Senator Wright and

                 the Energy Committee for their work, quick

                 work, in both laying out the difficulties with





                                                          1196



                 home heating oil prices and his work to make

                 sure that we have a handle on what is

                 happening in those prices and in that

                 marketplace.

                            The passage of this resolution I

                 think will send a clear message to everyone in

                 New York that the assistance for home heating

                 oil is critical to the people that we

                 represent.

                            And I also commend Governor Pataki,

                 who has by administrative regulation increased

                 the income level at which people will qualify

                 for the HEAP plan.  I think it was a good move

                 on his part, and I think it broadens the

                 benefits of assistance to those who need home

                 heating oil assistance.

                            In this year, when the price of

                 home heating oil approaches $2 a gallon, it's

                 the right thing to do.

                            And I urge the adoption of this

                 resolution, Madam President.  And I thank the

                 Majority for allowing it to come to the floor.

                            THE PRESIDENT:    On the

                 resolution, all in favor signify by saying

                 aye.





                                                          1197



                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we can have the reading of the

                 noncontroversial calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 113, by Senator Hoffmann, Senate Print 4265,

                 an act to amend the Agriculture and Markets

                 Law, in relation to electronic filing.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the 30th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number





                                                          1198



                 172, by Senator Skelos, Senate Print 1016, an

                 act to amend the Penal Law, in relation to

                 increasing the penalties for custodial

                 interference.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 50th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 176, by Senator Saland, Senate Print 1830, an

                 act to amend the Penal Law, in relation to

                 establishing a presumption.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.





                                                          1199



                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 212, by Senator Larkin, Senate Print 6257A, an

                 act in relation to establishing a library

                 district in the City of Kingston, Ulster

                 County.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 246, by Senator Nozzolio, Senate Print 3775,

                 an act to amend the Executive Law, in relation

                 to personal interviews.

                            THE PRESIDENT:    Read the last

                 section.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            THE PRESIDENT:    The bill is laid





                                                          1200



                 aside.

                            THE SECRETARY:    Calendar Number

                 286, by Senator Marcellino, Senate Print 6483,

                 an act to amend the Environmental Conservation

                 Law, in relation to unlawful taking of

                 wildlife.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 297, by Senator Trunzo, Senate Print 6186, an

                 act to authorize the Holy Church of Christ in

                 the Town of Islip to file an application.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)





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                            THE SECRETARY:    Ayes, 45.  Nays,

                 1.  Senator Dollinger recorded in the

                 negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 298, by Senator DeFrancisco, Senate Print 709,

                 an act to amend the Surrogate's Court

                 Procedure Act, in relation to computation of

                 the commissions.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 January.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 317, by Senator Seward, Senate Print 6133A, an

                 act to amend the General Municipal Law, in

                 relation to designation of additional economic

                 development zones.





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                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 319, by Senator McGee, Senate Print 6589, an

                 act to amend Chapter 540 of the Laws of 1992

                 amending the Real Property Tax Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 325, by Senator LaValle, Senate Print 6270, an

                 act to amend the Public Authorities Law, in





                                                          1203



                 relation to terms of office of members.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the same date as

                 Chapter 605 of the Laws of 1999.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 327, by Senator Padavan, Senate Print 6427A,

                 an act to amend the Public Authorities Law, in

                 relation to half-fare rate program.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number





                                                          1204



                 349, by Senator Leibell, Senate Print 6315, an

                 act to legalize, ratify and confirm the acts

                 and proceedings of the Board of Education of

                 the Putnam County Valley Central School

                 District.

                            THE PRESIDENT:    There is a local

                 fiscal impact note on this bill.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos, that completes the

                 reading of the noncontroversial calendar.

                            SENATOR SKELOS:    Madam President,

                 there will be an immediate meeting of the

                 Energy Committee in the Majority Conference

                 Room, Room 332.

                            THE PRESIDENT:    There will be an

                 immediate meeting of the Energy Committee in

                 the Majority Conference Room, Room 332.

                            Senator Skelos.





                                                          1205



                            SENATOR SKELOS:    Madam President,

                 if we could now take up the controversial

                 calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 246, by Senator Nozzolio, Senate Print 3775,

                 an act to amend the Executive Law, in relation

                 to personal interviews by the Board of Parole.

                            THE PRESIDENT:    Read the last

                 section.

                            SENATOR DUANE:    Explanation,

                 please.

                            THE PRESIDENT:    Senator Nozzolio,

                 an explanation has been requested.

                            SENATOR NOZZOLIO:    Thank you,

                 Madam President.

                            Madam President and my colleagues,

                 this measure before us was introduced at the

                 request of the State Division of Parole, and

                 it's a measure that I've been working and

                 members of our committee have been working on

                 with Parole for a number of months.

                            And that is to change the Executive

                 Law relating to a requirement that the Parole





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                 Board members, who must travel to each of the

                 prison facilities in our state to conduct

                 these parole hearings, that we engage in

                 utilizing the technology available today in

                 teleconferencing the parole hearing.

                            That we're adding the use of -

                 this measure adds the use of video

                 teleconferencing as a method of conducting

                 such interviews.  It does not mandate that

                 these interviews be conducted using video

                 teleconferencing.  It does not say that in all

                 cases we must use video teleconferencing.

                 What it does is provide a tool for the

                 Division of Parole.

                            Because if you have any idea of the

                 logistical travels that Parole must go

                 through, traveling to virtually all corners of

                 the state, in many cases four- or five-hour

                 drives to the remote areas of the state where

                 prison facilities are located, certainly it's

                 a time-consuming process, an energy-consuming

                 process, a costly process.

                            And what we're trying to do is

                 mitigate all those costs in establishing, at

                 least allowing in certain cases, the use of





                                                          1207



                 video teleconferencing.

                            There has been a study, a pilot

                 project between the State Board of Parole and

                 the State Department of Correctional Services

                 for the use of video teleconferencing for

                 parole release interviews, and that has been

                 effective.  Now we're taking it one step

                 further to this process.

                            THE PRESIDENT:    Senator Duane.

                            SENATOR DUANE:    Thank you.  Would

                 the sponsor yield for a couple of questions?

                            THE PRESIDENT:    Senator Nozzolio,

                 will you yield to a few questions?

                            SENATOR NOZZOLIO:    Yes, Madam

                 President.

                            THE PRESIDENT:    Go ahead, Senator

                 Duane.

                            SENATOR DUANE:    I'm wondering if

                 the report on the pilot program has been

                 circulated to all the members of the

                 committee.

                            SENATOR NOZZOLIO:    I would be

                 glad to facilitate the report.  I do not have

                 it with me today.  But we'd glad to facilitate

                 that to anyone that -- of this house that





                                                          1208



                 wishes to see it.

                            SENATOR DUANE:    Thank you.

                            SENATOR NOZZOLIO:    And we'll make

                 sure that Senator Duane and the President has

                 a copy of this report.

                            SENATOR DUANE:    And I'm just

                 wondering -- I just don't know offhand -- do

                 you know what the present salary for members

                 of the Parole Board is?

                            SENATOR NOZZOLIO:    Is someone

                 asking me to yield?

                            SENATOR DUANE:    Oh, this is

                 number two.

                            THE PRESIDENT:    This is the

                 second question by Senator Duane.

                            SENATOR NOZZOLIO:    It's the

                 second question.  All right.

                            Madam President, certainly the

                 salaries of the parole commissioners are

                 readily accessible through looking at the

                 Executive Law.  I do not know exactly the

                 salary, but I think it's in the high $90,000

                 range.

                            SENATOR DUANE:    Thank you.

                            Madam President, on the bill.





                                                          1209



                            THE PRESIDENT:    Go ahead, Senator

                 Duane, on the bill.

                            SENATOR DUANE:    I'm going to

                 continue to withhold my support for

                 teleconferencing of the Parole Board.

                            First, I'm very interested in

                 seeing the results, which I haven't yet seen,

                 on the pilot program.

                            And the other thing is that I think

                 that, first of all, my inclination is to

                 believe that there's no substitute for the

                 personal interaction that happens during a

                 Parole Board hearing, and that videotaping

                 can't substitute for it.

                            I have a request in with the Parole

                 Board to experience the technology.  Sadly,

                 that hasn't happened yet.  But I'm still very

                 interested in being able to experience what

                 the technology is.

                            And then the other point I think

                 which needs to be made is that no one forces

                 someone to be on the Parole Board.  Actually,

                 the members of the Parole Board are well paid

                 to serve on it.  And I think part of the

                 duties of the Parole Board members is to





                                                          1210



                 actually go to the meetings.

                            And so for those reasons, I'm going

                 to continue to oppose the use of video

                 conferencing until we see the data.  Although

                 even at that, I still believe that there's no

                 substitute for the personal interaction that

                 would happen.

                            So I would urge my colleagues to

                 vote no until we have some clarification about

                 that.

                            Thank you, Madam President.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.  Nays,

                 1.  Senator Duane recorded in the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Smith, why do you rise?

                            SENATOR SMITH:    Madam President,

                 I request unanimous consent to be recorded in

                 the negative on Calendar Number 176.





                                                          1211



                            THE PRESIDENT:    Without

                 objection, Senator Smith, you will be so

                 recorded as voting in the negative on Calendar

                 176.

                            Senator Skelos, that completes the

                 reading of the controversial calendar.

                            SENATOR SKELOS:    Is there any

                 housekeeping at the desk?

                            THE PRESIDENT:    No, there isn't,

                 Senator.

                            SENATOR SKELOS:    If we can go to

                 motions to discharge.

                            THE PRESIDENT:    Motions to

                 discharge.

                            Senator Breslin.

                            SENATOR BRESLIN:    Madam

                 President, I believe there's a -

                            THE PRESIDENT:    Excuse me.  The

                 Secretary will read first.

                            THE SECRETARY:    Senate Bill 801,

                 by Senator Breslin, an act to amend the

                 General Obligations Law, the Civil Practice

                 Law and Rules, and the Public Health Law.

                            THE PRESIDENT:    Senator Breslin.

                            SENATOR BRESLIN:    Madam





                                                          1212



                 President, may I be heard on the motion?

                            THE PRESIDENT:    Of course.  On

                 the motion, Senator.

                            SENATOR BRESLIN:    There's a bill

                 before this legislature, a motion dealing with

                 a bill to include HMO liability in New York

                 State.

                            Eleven other states have adopted

                 it, most recently California.  We hold

                 accountants liable, we hold doctors liable, we

                 hold lawyers liable.  But we have health

                 maintenance organizations that make critical

                 decisions dealing with not a patient but with

                 a bottom line.

                            When we have them making decisions

                 dealing with a bottom line, we affect our

                 constituents and their health.  Now is the

                 time to adopt legislation that holds HMOs

                 liable.

                            There's an argument, will this cost

                 more money through lawsuits?  I answer no.  It

                 increases the responsibility of health

                 maintenance organizations and makes them more

                 efficient.  It makes them more accountable to

                 us, the public, to allow us, if they make





                                                          1213



                 mistakes, to be held accountable in a court of

                 law.  To do otherwise is ignoring what New

                 York State people want and deserve.

                            And I urge my fellow Democrats and

                 members from the other side to join with me to

                 make HMO liability a reality.  We've passed a

                 Patient's Bill of Rights which takes a small

                 step, a small step to ensure proper medical

                 conduct.  But we still don't have that law

                 that holds HMOs responsible for their conduct.

                            Thank you very much, Madam

                 President.

                            THE PRESIDENT:    On the motion,

                 all in favor signify by saying aye.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.

                            I join with Senator Breslin in

                 urging that we move this bill to the floor and

                 we vote on it.

                            We have something that is

                 completely out of sync with the rest of our

                 civil law in this state relating to health

                 maintenance organizations.  They are immune

                 from liability.  There is no other area of the





                                                          1214



                 law where something like this has as broad an

                 impact on the general public.

                            There's no reason for this, there's

                 no justification for this other than the fact

                 that this particular group of profit-making

                 organizations managed to sneak this through

                 and have hung onto it.  We need to make HMOs

                 responsible the way every other organization

                 is responsible in this state.

                            People talk about trying to create

                 a market for health care.  And we need to have

                 a good functioning market for health care.

                 But one of the keys to the markets in the

                 United States -- and the best example of this,

                 I think, is the securities industry -- is the

                 civil tort system.  People are held

                 responsible, held accountable in court for

                 misconduct, for bad action.

                            And the system works magnificently.

                 Our securities markets are the envy of the

                 world.  People criticize trial lawyers.  I'll

                 tell you something.  If you didn't have trial

                 lawyers, the securities markets would not be

                 as good as they are now.  And I used to defend

                 cases in the securities industry.  I was on





                                                          1215



                 the other side.

                            We need to apply the same

                 principles to the health care industry.  This

                 indemnification, this magic shield that the

                 HMOs have is not helping, the system is not

                 working, and it's time for us to follow the

                 states that have gone before us.  It's really

                 a shame that New York, that has been a leader

                 in many areas, has failed to take action on

                 this.

                            I urge a yes vote on this and that

                 we make this law this year.

                            THE PRESIDENT:    On the motion,

                 all in favor signify by saying aye.

                            SENATOR STACHOWSKI:    Party vote

                 in the affirmative.

                            SENATOR SKELOS:    Party vote in

                 the negative.

                            THE PRESIDENT:    The Secretary

                 will call the party vote.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 20.  Nays,

                 34.

                            THE PRESIDENT:    The motion is

                 defeated.





                                                          1216



                            The Secretary will read.

                            THE SECRETARY:    Senate Print

                 6439, by Senator Breslin, an act to amend the

                 Insurance Law, in relation to a cap on rate

                 increases.

                            THE PRESIDENT:    Senator Breslin.

                            SENATOR BRESLIN:    Madam

                 President, may I be heard on the motion?

                            THE PRESIDENT:    On the motion,

                 Senator Breslin.

                            SENATOR BRESLIN:    Madam

                 President, this is a motion to discharge a

                 bill that would require the Insurance

                 Department to conduct hearings when health

                 maintenance organizations intend to raise

                 premiums by more than 5 percent.

                            There has been a bill -- there had

                 been a statute in place, which expired in

                 January, which called for hearings if there

                 was more than a 10 percent increase.  Recently

                 the Assembly has passed a bill with the

                 5 percent increase.

                            Why is this important?  For each

                 percentage increase in a health insurance

                 premium, 60,000 more people are dislodged from





                                                          1217



                 having health insurance.  They go on the rolls

                 of the uninsured.

                            We passed HCRA proclaiming that we

                 were going to take people off the rolls of the

                 uninsured.  Yet here, 1 percent increase in

                 the premium, 60,000 people taken off.

                            Our citizens deserve hearings,

                 deserve hearings when increases are going to

                 be more than 5 percent.  Not the Insurance

                 Department and the HMO -- privately, silently,

                 without public input -- making decisions that

                 affect the rates that we pay.  And the rates

                 that we pay are increasing at an alarming

                 pace.

                            So I urge -- this isn't a Democrat

                 or a Republican issue.  This is an issue

                 affecting each and every one of our

                 constituents.  And I urge this house to move

                 to discharge a bill that would allow those

                 hearings to take place when there are

                 increases in excess of 5 percent.

                            Thank you very much, Mr. President.

                            ACTING PRESIDENT MEIER:    On the

                 motion, all those -- I'm sorry, I didn't see

                 you.





                                                          1218



                            Senator Lachman.

                            SENATOR LACHMAN:    Mr. Chairman, I

                 would like to echo my colleague's remarks.  I

                 think Senator Breslin has hit the nail

                 directly on the head.

                            This has an adverse impact upon

                 working families and middle-class families in

                 the city of New York and the state of New

                 York, and there is no reason why a hearing

                 should not take place for an increase of

                 5 percent or more.  I strongly support this

                 motion to discharge.

                            ACTING PRESIDENT MEIER:    The

                 question is on the motion to discharge.  All

                 in favor of accepting the motion to discharge

                 signify by saying aye.

                            SENATOR STACHOWSKI:    Party vote

                 in the affirmative.

                            SENATOR SKELOS:    Party vote in

                 the negative.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 20.  Nays,

                 34.





                                                          1219



                            ACTING PRESIDENT MEIER:    The

                 amendment is defeated.

                            Senator Dollinger.

                            SENATOR DOLLINGER:    Mr.

                 President, I believe there's a motion at the

                 desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Senate Print

                 6595, by Senator Dollinger, an act to amend

                 the Public Health Law, in relation to health

                 care information.

                            SENATOR DOLLINGER:    Mr.

                 President, I'd like to waive the reading of

                 the motion and ask to be heard on it.

                            ACTING PRESIDENT MEIER:    The

                 reading of the motion is waived, and you're

                 now given the opportunity to explain.

                            SENATOR DOLLINGER:    Thank you

                 very much, Mr. President.

                            This is a football story, a

                 football story that starts in 1996, when the

                 State Legislature lined up and decided how to

                 take care of health care in the State of New

                 York under the Health Care Reform Act.





                                                          1220



                            And as part of that, we snapped the

                 ball of hospital report cards to the Governor

                 of this state.  What we said is we believe

                 that consumers, in order to make intelligent

                 choices in a competitive health care

                 environment, should know the kinds of

                 facilities that they go to for health care.

                 So we created a hospital report card.

                            And that hospital report card is

                 very similar to what we've done in our

                 standards debate in education, where we issued

                 report cards about schools.  We've issued

                 report cards about colleges that get federal

                 and state money.

                            And as part of the 1996 act, we

                 created a hospital report card.  And we

                 snapped the ball to the Governor of this

                 state.

                            And unfortunately, the Governor

                 dropped back, and he looked around him and

                 realized that he was under pressure from

                 special interests.  And sure enough, the

                 hospital interests and other interests sacked

                 the Governor, we never got the hospital report

                 card plan, and he dropped the ball about





                                                          1221



                 hospital report cards.

                            And I would just suggest to you

                 today that what we're doing is we're saying

                 that ball is now right in the middle of the

                 playing field.  It's live in the middle of the

                 playing field.  And if you vote in favor of

                 this motion, that ball is going to be sitting

                 right on the 50-yard line.

                            And I want to tell my Republican

                 colleagues on the other side of the aisle:

                 Pick up that ball.  I've got 23 blockers right

                 here, 23 blockers, a convoy of blockers who

                 are ready.  When you pick up the ball, we'll

                 run it to the end zone.  In fact, I'm even

                 willing to pick it up right now in this

                 motion, and I'm willing to lateral it to

                 Senator Bruno.

                            Now, all of you from western New

                 York know that we're very sensitive about the

                 issue of laterals.  And it's a backwards pass.

                 I'm throwing it right back to you.  I'll throw

                 it to Senator Hannon, I'll throw it to Senator

                 Bruno, anybody who wants to catch it.  It's

                 right there.  It's a backwards lateral.  It's

                 clearly legal.





                                                          1222



                            All you've got to do is catch the

                 ball.  And we've got 23 blockers that will

                 convoy you down the field, and we can take

                 hospital report cards and jump over the goal

                 line and take this idea that was a good idea

                 in 1996, it was a good idea in 1999, it's a

                 good idea in the year 2000, we can just jump

                 over that goal line and do what we decided to

                 do in 1996:  create hospital report cards so

                 that consumers of this state know the quality

                 of services they get from a particular

                 hospital in this competitive environment.

                            I'm willing to lateral the ball.

                 I'll throw it right across the aisle.  I'll

                 throw it backwards.  It's perfectly legal.

                 Please, pick up the ball.  Join the 23

                 blockers in front of you.  We'll transport you

                 right to the end zone.  We'll get rid of the

                 opposition.  We'll go over the goal line, and

                 we'll have hospital report cards.

                            The ball is there, it's lying on

                 the ground.  I challenge you to pick it up and

                 do the right thing in the year 2000 that we

                 knew was the right thing in the year 1996.

                 It's an easy challenge.  The blockers are





                                                          1223



                 ready, the game will be over and our goal will

                 be accomplished.  Join us.  Vote to discharge

                 this bill from committee, put it on the floor.

                            It passed -- when we passed HCRA,

                 it passed unanimously in 1996.  I can't

                 understand how a unanimous idea in 1996 is

                 suddenly in such disfavor in the year 2000.

                 The ball is there.  We're ready to go.

                            I move to discharge the motion,

                 Mr. President.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to torture that metaphor

                 further?

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    Hearing

                 none -- hearing none, the question is on the

                 motion to discharge.  All those in favor of

                 the motion to discharge -

                            SENATOR DOLLINGER:    Party vote in

                 the affirmative.

                            SENATOR SKELOS:    Party vote in

                 the negative.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)





                                                          1224



                            THE SECRETARY:    Ayes, 20.  Nays,

                 35.

                            ACTING PRESIDENT MEIER:    The

                 motion is defeated.

                            Senator Onorato.

                            SENATOR ONORATO:    Mr. President,

                 I respectfully request that an instant replay

                 be given on that last count.

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could return to reports of standing

                 committees.  I believe there's a report of the

                 Energy Committee at the desk.  I ask that it

                 be read.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Wright,

                 from the Committee on Energy and

                 Telecommunications, reports:

                            Senate Print 2426, by Senator

                 Wright, an act to amend the Public Service

                 Law;





                                                          1225



                            2427, by Senator Wright, an act to

                 amend the Economic Development Law;

                            3901, by Senator Wright, an act to

                 amend the Public Service Law;

                            3994, by Senator Wright, an act to

                 amend the Public Service Law and the State

                 Administrative Procedure Act;

                            4917B, by Senator Marcellino, an

                 act to amend the Public Service Law;

                            And 6232, by Senator Alesi, an act

                 to amend the Public Service Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MEIER:    Without

                 objection, all bills directly to Third

                 Reading.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there being no further business to come before

                 the Senate, I move we adjourn until Monday,

                 March 13th, at 3:00 p.m., intervening days

                 being legislative days.

                            ACTING PRESIDENT MEIER:    On

                 motion, the Senate stands adjourned until

                 Monday, March 13, at 3:00 p.m.  Intervening





                                                          1226



                 days will be legislative days.

                            (Whereupon, at 11:40 a.m., the

                 Senate adjourned.)