Regular Session - May 9, 2001
6801
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 9, 2001
11:15 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
6802
P R O C E E D I N G S
THE PRESIDENT: The Senate will
please 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 each 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, May 8th, the Senate met pursuant to
adjournment. The Journal of Monday, May 7,
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.
6803
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos, we have
substitutions.
SENATOR SKELOS: Madam President,
I believe there are some substitutions at the
desk. If we could make them.
THE PRESIDENT: Thank you,
Senator.
The Secretary will read.
THE SECRETARY: On page 5,
Senator Fuschillo moves to discharge, from the
Committee on Consumer Protection, Assembly
Bill Number 5227 and substitute it for the
identical Senate Bill Number 4757, First
Report Calendar 750.
On page 6, Senator Rath moves to
discharge, from the Committee on Local
Government, Assembly Bill Number 2130A and
substitute it for the identical Senate Bill
Number 1455A, First Report Calendar 755.
6804
On page 6, Senator Volker moves to
discharge, from the Committee on Local
Government, Assembly Bill Number 2397 and
substitute it for the identical Senate Bill
Number 1526, First Report Calendar 756.
On page 9, Senator Lack moves to
discharge, from the Committee on Judiciary,
Assembly Bill Number 7699 and substitute it
for the identical Senate Bill Number 3751,
First Report Calendar 782.
On page 9, Senator Lack moves to
discharge, from the Committee on Judiciary,
Assembly Bill Number 7925 and substitute it
for the identical Senate Bill Number 4409,
First Report Calendar 783.
On page 10, Senator Hannon moves to
discharge, from the Committee on Health,
Assembly Bill Number 1644 and substitute it
for the identical Senate Bill Number 3341,
First Report Calendar 792.
On page 14, Senator Larkin moves to
discharge, from the Committee on Codes,
Assembly Bill Number 1867 and substitute it
for the identical Senate Bill Number 3588,
First Report Calendar 840.
6805
On page 19, Senator Farley moves to
discharge, from the Committee on Civil Service
and Pensions, Assembly Bill Number 3489 and
substitute it for the identical Senate Bill
Number 2061, First Report Calendar 887.
On page 21, Senator Seward moves to
discharge, from the Committee on
Investigations, Taxation and Government
Operations Assembly Bill Number 7033 and
substitute it for the identical Senate Bill
Number 3394, First Report Calendar 906.
On page 21, Senator Seward moves to
discharge, from the Committee on
Investigations, Taxation and Government
Operations, Assembly Bill Number 7034A and
substitute it for the identical Senate Bill
Number 3395A, First Report Calendar 907.
On page 21, Senator Nozzolio moves
to discharge, from the Committee on
Investigations, Taxation and Government
Operations, Assembly Bill Number 2916 and
substitute it for the identical Senate Bill
Number 3839, First Report Calendar 910.
And on page 21, Senator LaValle
moves to discharge, from the Committee on
6806
Investigations, Taxation and Government
Operations, Assembly Bill Number 7435A and
substitute it for the identical Senate Bill
Number 3872A, First Report Calendar 911.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Transportation Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Transportation
Committee in the Majority Conference Room.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If we could
adopt the Resolution Calendar at this time.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
6807
Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial
calendar at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
190, by Senator Alesi, Senate Print 1134, an
act to amend the Correction Law.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
441, by Senator Leibell, Senate Print 4401, an
act to amend the Retirement and Social
Security Law.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
445, by Senator Nozzolio, Senate Print 3239,
an act to amend the Executive Law.
6808
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
539, by Senator Marchi, Senate Print 4146, an
act to amend the Public Authorities Law.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
540, by Senator Paterson, Senate Print Number
4764, an act to amend the Public Authorities
Law.
SENATOR SKELOS: Explanation.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
597, by Senator Larkin, Senate Print 3683, an
act to amend Chapter 43 of the Laws of 1994.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
6809
THE SECRETARY: Calendar Number
643, by Senator Saland, Senate Print 1341, an
act to amend the Criminal Procedure Law.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
650, by Senator Volker, Senate Print 3781, an
act to amend the Civil Rights Law.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
652, by Senator Maltese, Senate Print 4088, an
act to amend the Penal Law and the General
Obligations Law.
SENATOR PATERSON: Madam
President, if you would lay that one aside,
please.
THE PRESIDENT: Was that a
request to lay the bill aside, Senator
Paterson?
SENATOR PATERSON: Yes.
6810
THE PRESIDENT: That's what I
assumed.
The bill is laid aside.
THE SECRETARY: Calendar Number
670, by Senator Maziarz, Senate Print 4438, an
act naming the two hard-surface boat launching
ramps.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
674, by Senator Wright, Senate Print 3525, an
act to amend the Environmental Conservation
Law.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
675, by Senator Wright, Senate Print 4109, an
act to amend the Environmental Conservation
Law.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
6811
THE SECRETARY: Calendar Number
690, by Senator Meier, Senate Print 4858, an
act to amend Chapter 906 of the Laws of 1984.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
691, by Senator Meier, Senate Print 4859, an
act to amend Chapter 436 of the Laws of 1997.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Madam President,
if we could take up the controversial calendar
now.
THE PRESIDENT: The Secretary
will read the controversial calendar.
THE SECRETARY: Calendar Number
190, by Senator Alesi, Senate Print 1134, an
act to amend the Correction Law, in relation
to making.
SENATOR HEVESI: Explanation.
THE PRESIDENT: Senator Alesi, an
6812
explanation has been requested.
SENATOR ALESI: Thank you, Madam
President.
This bill would make it a Class A
misdemeanor for anyone who falsely reports
that someone is a registered sex offender
under Megan's Law.
SENATOR HEVESI: Madam President.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President. Would the sponsor please yield?
THE PRESIDENT: Will the sponsor
yield?
SENATOR ALESI: Yes, Madam
President.
THE PRESIDENT: Thank you,
Senator Alesi.
You may proceed, Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President.
I was just wondering, when the
initial legislation passed in New York State
creating the sex offender registry, was there
not any protection built in to prevent a
situation from occurring such as the situation
6813
that this legislation seeks to prevent?
SENATOR ALESI: Senator, when the
initial legislation was passed, an awful lot
of work went into it and an awful lot of
negotiation with the Assembly was required.
And I think that it was through the
fine efforts and diligence and insight of
Senator Skelos that we have Megan's Law today.
And Megan's Law as it stands today does
include so many of the vitally important
aspects to protect people from sexual
predators.
As you know, as time goes on we
learn things from instances that happen after
the fact. And in this case, an instance which
happened in New Jersey, incidentally, where
someone falsely reported someone as a sex
offender, gave impetus to the drafting of this
part of the legislation.
SENATOR HEVESI: Thank you.
Madam President, would the sponsor
continue to yield?
THE PRESIDENT: Senator Alesi,
will you continue to yield?
SENATOR ALESI: Yes, Madam
6814
President.
SENATOR HEVESI: Thank you,
Senator, for that explanation. I fully
appreciate the legislation which created the
system in New York State.
And I think that your bill here
today is a good piece of legislation. I was
simply trying to inquire as to why the
protections that we're providing today had not
been placed in the initial legislation.
But that being the case, I
understand that there was a case in New Jersey
that was the impetus for this bill. Do we
know of any cases in New York State where a
similar situation occurred, or would this
legislation simply serve as a deterrent to
prevent anybody from falsely accusing somebody
of being on that registry?
SENATOR ALESI: Through you,
Madam President, I have always held that if we
find a set of circumstances anywhere in the
world that would help us protect our
citizenry, we shouldn't necessarily wait for
it to happen in New York State.
And although I don't know whether
6815
any instances like this have happened since
then, I appreciate again the leadership that
was shown in drafting the original Megan's
Law, under Senator Skelos. And I think that
New York State can continue to show a
leadership role by simply drafting this part
of the legislation that would enhance Megan's
Law.
SENATOR HEVESI: Thank you.
Madam President, would the sponsor
continue to yield?
THE PRESIDENT: Senator Alesi,
will you continue to yield?
SENATOR ALESI: I'd be happy to,
Madam President.
THE PRESIDENT: You may proceed.
SENATOR HEVESI: Thank you, Madam
President.
What year was the original Megan's
Law legislation passed in New York State?
SENATOR ALESI: Through you,
Madam President, I would be happy to answer
questions on any aspect of the bill at hand.
However, this bill really isn't dealing with
the original Megan's Law as it stands.
6816
I believe it was drafted a few
years ago, however.
SENATOR HEVESI: Madam President,
would the sponsor yield for a final question?
THE PRESIDENT: Senator, will you
yield?
SENATOR ALESI: I'd be happy to,
Madam President.
THE PRESIDENT: You may proceed,
Senator Hevesi.
SENATOR HEVESI: Thank you.
Senator, since I believe that your
bill is a good bill, I'm concerned that it has
not been signed into law in the past several
years, though it has unanimously passed this
house, both in 1999 and 2000. That's why I
was asking the question as to when the
original Megan's Law was passed in this state,
not for any negative purpose.
So my question to you is, since
this is obviously a good idea, why isn't it
the law yet, though we have passed it
unanimously for several years in a row?
SENATOR ALESI: Through you,
Madam President, the New York State Assembly,
6817
which is loath to deal with criminal activity
in an effective and efficient way, has seen
fit not to address this issue. And I think
that the New York State Assembly is shirking
its responsibility in protecting people from
false simulations and false allegations under
Megan's Law.
SENATOR HEVESI: Madam President,
on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR HEVESI: Thank you, Madam
President. I thank the sponsor for his
answer.
I support this legislation. I've
voted for it for the past several years. I'm
only troubled by two things. One, the fact
that it was not included in the initial
legislation -- which is unfortunate, but we
can remedy that here today -- and the fact
that it hasn't passed the last two years in
the Assembly and been signed into law.
And I'm not sure whether the
sponsor's assessment, though well-intentioned,
is accurate. I can think of no reason why the
6818
Assembly would not want to deter and penalize
individuals who would falsely report folks who
are on the sex offender registry. And so if
there's some other purpose -- and I'm going to
reach out to the Assembly and see why they
haven't taken up this bill.
But myself and my colleagues have
brought to this floor on a number of occasions
this year the question or concern of why a
bill that's passed in this house has not
passed in the Assembly. And, you know, I'm
loath to almost ask the question anymore,
because it seems that I'm creating an
invitation and my colleagues are creating an
invitation for shots to be taken at the
Assembly.
I can't see any reason why in this
particular instance the Assembly would not
want to do what this bill seeks to do. So I'm
going to talk to them and find out why.
Having said that, this is a good
bill, and I commend the sponsor for bringing
this bill to us. We don't want to in any way
create any doubts about the ability of Megan's
Law in New York State to do what it's designed
6819
to do, because I don't want that law to be
taken apart in the public's eye, because I
think it's a good law.
And if individuals are abusing that
law, as they have obviously done in New Jersey
and could do in New York State, by accusing
somebody of being on the registry when in fact
they're not on the registry, that's behavior
that's unacceptable, and we need to deter it.
That's what this legislation does.
And I can see absolutely no reason
why we wouldn't want to go ahead and make this
the law of the land. I commend the sponsor, I
urge my colleagues to support it in both this
house and in the Assembly.
Thank you, Madam President.
THE PRESIDENT: Senator Alesi.
SENATOR ALESI: Madam President,
I appreciate the Senator's support, and I
appreciate his willingness to reach out to his
colleagues in the Assembly so that we can
effectively protect people from being falsely
identified under Megan's Law.
Thank you, Senator.
THE PRESIDENT: Does any other
6820
member wish to be heard on this bill?
Then the debate is closed.
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, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
441, by Senator Leibell, Senate Print 4401, an
act to amend the Retirement and Social
Security Law, in relation to the employment of
retired persons.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Leibell,
an explanation has been requested.
SENATOR LEIBELL: Thank you,
Madam President.
This bill would amend Section 212
of the Retirement and Social Security Law to
increase the amount that public retirees can
earn in positions of public service without
6821
diminution of retirement benefits, from
$18,500 to $20,000 annually.
This section of the law has been
annually amended since 1996 to adjust this
income figure so as to reflect inflation and
rising costs of living. The schedule of
increases has been reflective of the
limitation in scheduled amounts under federal
law.
The fiscal note on this bill
indicates a negligible amount of additional
annual cost to the state and local retirement
systems.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Leibell would yield for
a question.
SENATOR LEIBELL: Yes, Senator.
THE PRESIDENT: Senator Leibell,
will you yield?
You may proceed, Senator Paterson.
SENATOR PATERSON: Senator, as
you stated, this policy that we have increased
the retirees' amount was commenced in 1996.
And I notice that the first three years, we
6822
commenced it at a rate of $1,000, and -
actually, the first four years, and the last
two, we would have increased it for $1,500.
This is above the CPI, which is fine with me.
But I guess my question to you is,
how do we calculate what the increase should
be?
SENATOR LEIBELL: We have in the
past mirrored the federal schedule, which was
Social Security.
SENATOR PATERSON: Madam
President, just to clarify, one further
question.
SENATOR LEIBELL: Yes, Senator.
THE PRESIDENT: Senator Leibell,
do you yield?
SENATOR LEIBELL: Yes.
THE PRESIDENT: You may proceed,
Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President.
So, Senator, in other words, we
have waited until we saw what the federal
increase was, and have then just reflected it?
So in other words, it would -
6823
SENATOR LEIBELL: Yes,
historically we have waited for their schedule
to be released, and then we have followed it.
SENATOR PATERSON: All right,
Madam President. Thank you.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
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, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
445, by Senator Nozzolio, Senate Print 3239,
an act to amend the Executive Law.
SENATOR SKELOS: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
539, by Senator Marchi, Senate Print 4146, an
6824
act to amend the Public Authorities Law, in
relation to the use of video conferencing.
SENATOR PATERSON: Explanation,
please.
THE PRESIDENT: Senator Marchi,
an explanation has been requested.
SENATOR MARCHI: Yes, Madam
President.
The bill would amend the Public
Authorities Law to allow videoconferencing of
monthly meetings which are required in the
conduct of the business. And for the purpose
of establishing a quorum, you have to have at
least four in attendance. This would allow
teleconferencing to constitute attendance at
the meeting, because the technological
arrangements make it possible.
Incidentally, it's -- they are
installing the facility, in any event, in
their new headquarters in New York. It would
make it available immediately if we authorized
the teleconferencing of meetings, with the
same force and effect as if they were there.
Naturally, it's desirable to have
them in attendance for the circumstances
6825
before and after a meeting, but this would
erase an obstacle and a difficulty that I
don't think we need. There's no profit to
continuing the present system when we give a
definite ear to the technological advantages
which only widen the opportunity for
consistent participation in these proceedings.
THE PRESIDENT: Senator Onorato.
SENATOR ONORATO: Madam
President, will the sponsor yield to a
question?
SENATOR MARCHI: Yes, Madam
President.
THE PRESIDENT: Senator Marchi
yields.
You may proceed, Senator Onorato.
SENATOR ONORATO: Senator Marchi,
I notice we've passed this legislation on
three previous occasions. Is there any reason
that the Assembly did not take it up? Have
they shared their reasons with you why they
haven't taken it up in the other house?
SENATOR MARCHI: Well, I should
have been able to give you a response on that.
It is a department bill, so I'm sure that the
6826
bill has been introduced and is available to
them for action. But I would hope that
passage would -- and I'll address that issue
specifically, and I'll check with my
cosponsor.
But it is a department bill. And
I'm sure that under the circumstances it would
be unusual if we didn't have one there. So I
would hope that our action here today will
spur them to action down the line.
SENATOR ONORATO: If the Senator
will continue to yield for another question.
THE PRESIDENT: Senator Marchi,
will you yield for another question?
SENATOR MARCHI: Yes, Senator.
THE PRESIDENT: Thank you.
You may proceed, Senator Onorato.
SENATOR ONORATO: Senator Marchi,
do you have any idea about the cost of the
video equipment?
SENATOR MARCHI: Well, they are
installing those facilities in any event,
because of the available of teleconferencing
directly. And supplying a visual element is
advantageous for other purposes; you don't
6827
have to have a formal meeting. So it's going
in. We're spending that money to give them
the capability of doing it.
The question is will we have the
law follow the suggestion that is broadly
implicit in the advance that has been made,
and I think with us an imperative that we
approve it.
SENATOR ONORATO: Thank you,
Senator.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
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, 53. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
540, by Senator Paterson, Senate Print 4764,
an act to amend the Public Authorities Law, in
6828
relation to authorizing.
SENATOR STAVISKY: Explanation.
SENATOR ADA SMITH: Explanation.
THE PRESIDENT: Senator Paterson,
an explanation has been requested by several
members.
(Laughter.)
SENATOR PATERSON: Madam
President, would you please tell my colleagues
to get in line.
I'd like to lay this aside for the
day, please.
(Vocal disappointment.)
SENATOR PATERSON: Maybe they can
spend the weekend thinking up these questions
they want to ask me.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
597, by Senator Larkin, Senate Print 3683, an
act to amend Chapter 43 of the Laws of 1994.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Larkin,
an explanation has been requested.
6829
SENATOR VELELLA: While we wait
for Senator Larkin, I'd like to announce a
meeting of the Higher Education Committee in
the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Higher Education
Committee in the Majority Conference Room.
Senator Larkin, an explanation has
been requested by Senator Duane, I believe.
SENATOR LARKIN: Yes, Senator.
This bill was requested by the Town of Esopus.
I can give you a long litany of the
bill, but in basic common sense, when the
board at the library had asked for this last
year, they gave us suggested dates of what
they wanted in the bill. After a clear
explanation to them, they still wanted it in
that manner.
Since that time, Mr. Kirwan, the
Assemblyman, and I have met with them. And
basically they wanted the vote on the first of
June. And everybody would be terminated, so
then the new board wouldn't be able to take
effect until the following June.
And while there's a lot of changes,
6830
little things in it, it all boils down to
having the vote on the first of June and the
board to take office on the 15th of June.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If the sponsor would yield.
THE PRESIDENT: Senator Larkin,
will you yield for a question?
SENATOR LARKIN: Yes, Madam
President.
THE PRESIDENT: You may proceed
with a question, Senator Duane.
SENATOR DUANE: The original
legislation, as I understand it, was passed in
2000. Did I understand the sponsor to say
that the Legislature was aware of the gaps
that were going to happen, but the local
board -
SENATOR LARKIN: We were going by
what they submitted to us. It's their
library, it's their board of trustees elected
by the people of the town of Lloyd. And that
is the information that they presented to us.
After we passed the bill and it was
signed into law this fall, some of the board
6831
of trustees came to us and said, It's a great
bill, we like the way it is; however, because
of the staggered terms that we have, some of
us will be elected next year but won't be able
to take our seats for another year.
So we looked at it, we went to the
State Education Department, who had approved
the original concept, the State Education
approved it, and we made this change to the
bill to accommodate the board of trustees, the
library, and the constituents.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Senator Larkin,
will you yield?
SENATOR LARKIN: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: Did this bill
have a hearing in the committee on -- did this
bill go through the Committee on Local
Government last year?
SENATOR LARKIN: Yes.
6832
SENATOR DUANE: And through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Senator Larkin,
will you yield?
SENATOR LARKIN: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DUANE: Was there a
hearing on the bill? Did the trustees, the
library trustees come to the hearing?
SENATOR LARKIN: Madam President,
this legislation was brought to our attention,
the correction, by the board of trustees in
the hamlet of Esopus in the town of Lloyd.
We, in turn, put this bill together at their
request. Period.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Senator Larkin,
will you yield for another question?
SENATOR LARKIN: Yes, Madam
President.
6833
THE PRESIDENT: You may proceed.
SENATOR DUANE: Did the Senate
bill drafters and the Senate staff themselves
go through the bill before it went to the
committee?
SENATOR LARKIN: Madam President,
I don't know that. All I know is that this
bill was originally prepared at the request of
the trustees of the library, with the consent
of the State Education Department, and now
they want to make a change in it.
This is a local government issue,
Senator, and I believe that the local
government board, the board of trustees, have
the -
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Senator Larkin,
will you yield?
SENATOR LARKIN: Madam President,
I don't like to be interrupted by somebody
sitting by one member. If they want me to
answer a question, I would appreciate the
assistants to back off while I respond to the
6834
Senator.
Yes, go ahead.
THE PRESIDENT: Do you have a
question, Senator Duane?
SENATOR DUANE: Yes, Madam
President.
Isn't is true, though, that the
Governor's office found this mistake and not
the trustees?
SENATOR LARKIN: I can't hear
him, Madam President.
THE PRESIDENT: Senator, could
you repeat that.
SENATOR DUANE: I said, is it not
true that the Governor found this mistake and
not the trustees.
SENATOR LARKIN: I still didn't
hear you. I'm sorry, Senator.
SENATOR DUANE: Is it not true
that the Governor found the mistake and not
the trustees?
SENATOR LARKIN: They both found
it, Senator.
SENATOR DUANE: Thank you, Madam
President. On the bill.
6835
THE PRESIDENT: You may proceed
on the bill, Senator Duane.
SENATOR DUANE: It's not the
first time, nor, I'm afraid, will it be the
last time that I find myself being critical of
the legislative process here that bills go
through without being vetted appropriately and
without the people who have asked for the bill
to happen actually appear.
Even if the bill's passage is a
sure thing, that doesn't ensure that the bill
is correctly crafted. I think that when we
pass laws here, we should make sure that they
are as correct as possible, with all the I's
dotted and the T's crossed, so that we don't
have to, you know, go back and embarrassingly
change things that we've done here.
That's why we should have committee
meetings, that's why we should have public
hearings, so that we actually get a good,
strong chance to look at these bills and see
what their real-life impact will be. It
wouldn't have happened that a term wouldn't
start for another year if the trustees had
actually been here and if we'd actually been
6836
able to take a good look at this in the
appropriate committee.
I'm pleased that the Governor found
this mistake. I'm a little bit skeptical that
the trustees found the mistake. But really,
it's us in the Senate who should have seen the
problem.
I'm going to vote for it, because
we need it. But it does point to a larger
institutional problem, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect June 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
Senator Velella.
SENATOR VELELLA: Madam
President, could we go to Calendar Number 690,
by Senator Wright. By Senator Meier, I'm
6837
sorry.
THE PRESIDENT: The Secretary
will read Calendar 690.
THE WITNESS: Calendar Number
690, by Senator Meier, Senate Print 4858, an
act to amend Chapter 906 of the Laws of 1984.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Meier, an
explanation has been requested.
SENATOR MEIER: I'm glad we have
the right Senator finally, Madam President.
Certainly, I'd be glad to offer an
explanation.
This bill provides for a one-year
extension of what has been popularly known as
the "Katie Beckett" waivers. This is a
program that provides for Medicaid eligibility
for chronically disabled children pursuant to
a federal waiver granted by the Health Care
Finance Administration in Washington.
These are children who are
SSI-eligible but their family income or family
resources may make them ineligible for
Medicaid. The purpose is to make them
Medicaid-eligible so that instead of
6838
institutionalizing these children, we can
provide for home care.
The group of children that we are
talking about suffer from a number of
disabilities, including respiratory distress
of one form or another, cancer, various
congenital disorders, or brain injuries.
This really is -- and another thing
that is required for the children to come into
the program is there must be a reasonable
likelihood that the home-based care would be
more cost-effective than institutional care.
But more important than the cost
savings is the humanitarian purpose that the
bill promotes, permitting these children to be
cared for at home and to be able to grow up
and to live in a family environment.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, will the sponsor yield to a
question?
THE PRESIDENT: Senator Meier,
will you yield for a question?
SENATOR MEIER: Gladly, Madam
6839
President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DOLLINGER: The benefits
of this bill and the waiver program -- we
obviously set a deadline of December 31st of
this year, under our usual practice of kind of
sunsetting these programs. If it's working so
well, why wouldn't we extend it indefinitely
rather than extend it for just a year?
SENATOR MEIER: Well, Madam
President, extending it beyond that would
almost be ineffective, because you have to
time the termination of the extension along
with the extension of the HCFA waiver. So the
process has to be done in tandem.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield.
THE PRESIDENT: Senator Meier,
will you yield?
SENATOR MEIER: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator.
6840
SENATOR DOLLINGER: If we
extended this program beyond the HCFA waiver,
wouldn't that be a signal to the federal
government to renew the waiver, that we were
committed to renewing this program and keeping
it in place?
SENATOR MEIER: Madam President,
the problem is it might be a signal, but it
would be totally ineffective as a matter of
law. And we are supposed to be making law
here.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will just
continue to yield.
THE PRESIDENT: Senator Meier,
will you yield?
SENATOR MEIER: Yes, I will,
Madam President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DOLLINGER: The final
question I have, Madam President, is the
Ohmstead case and the impact that it has on
this program and on what services we're
required to provide. Could you just explain
6841
to me how we're meeting our compliance with
that Supreme Court case vis-a-vis this
program?
SENATOR MEIER: Well, Madam
President, I believe my colleague is referring
to a recent decision of the United States
Supreme Court dealing with the obligation of
the state to, where possible, place disabled
persons within programs, settings, and
modalities of care that are as mainstream as
possible.
And this I think is quite
complementary to the spirit of the Ohmstead
decision. I believe the State of New York, as
are other states trying to be responsive to
the Ohmstead decision, is in the process of
examining additional programs to see to it
that we have compliance with Ohmstead.
SENATOR DOLLINGER: Through you,
Madam President, just briefly on the bill.
THE PRESIDENT: You may proceed,
Senator Dollinger.
SENATOR DOLLINGER: It seems to
me, Madam President -- I understand Senator
Meier's saying that if we extended this
6842
indefinitely we might be perhaps exceeding our
authority under the HCFA waiver to comply.
However, I would just suggest that
the benefits of this program, it seems to me,
that Senator Meier has extolled should endure
beyond the HCFA waiver, that this is a
commitment on the part of the State of
New York to do certain things for people in
our society, for those who are disabled,
disabled children -- that that commitment
should exist regardless of whether HCFA and
the federal government or this administration
in Washington thinks that this is a good idea.
If we think it's a good idea, we
should do it almost irrespective of whether
HCFA permits this, and we should be able to
use our own money to do it. If we think that
the program really has value.
And I would hope, Senator Meier,
that we pass this bill. I'm going to vote in
favor of it. But I would hope that there
comes a time when we can take every reference
to time out of this bill, that we can take
every reference to limitations on time out of
the notion that we're going to provide access
6843
for disabled children to the best possible
care that they can get in this state.
Madam President, I'm prepared to
vote for this on the recommendation of Senator
Meier. But my hope is that the underlying
commitment and the underlying success of this
program will not be dependent merely upon the
will or the waiver granted by the federal
government, that our commitment, as evidenced
by this legislation, will supersede that and
someday become a permanent part of the
services we provide in this state.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
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, 54.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
6844
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 691.
THE PRESIDENT: The Secretary
will read Calendar 691.
THE SECRETARY: Calendar Number
691, by Senator Meier, Senate Print 4859, an
act to amend Chapter 436 of the Laws of 1997.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Meier, an
explanation has been requested.
SENATOR MEIER: Thank you, Madam
President.
This bill is fairly simple. What
it does is extend for a period of two years,
until August 22 of 2003, provisions of the
Welfare Reform Law which provides for and
defines what exempt assets are.
The whole notion of exempt assets
is that if someone does have to go on public
assistance, we don't want to render them
absolutely destitute so that they never have
any hope of getting off public assistance. So
this extends the provisions of the Welfare
Reform Law, which permits people who may be on
public assistance to keep certain assets.
6845
Those include up to $2,000 in
liquid assets, $3,000 if a member of the
household is more than 60 years of age, an
automobile up to $4,650 in value or $9,300 in
value if it's required for work, a residence,
and a burial plot.
This extends that until August 22,
2003, which gets us through to the end of the
current Welfare Reform Law and coincides with
the need for the next reauthorization.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, will the sponsor yield just
to a couple of quick questions?
THE PRESIDENT: Senator Meier,
will you yield?
SENATOR MEIER: Certainly, Madam
President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DOLLINGER: When we
passed this provision in 1997, did we require
one of the state agencies to produce an
evaluation of the impact of these exemptions
6846
on, as I think you properly point out and
correctly point out, our original intent,
which was to allow those who are moving their
way out of poverty to preserve more of their
assets and to continue to get benefits even
though they may have accumulated some minor
assets?
Is there a report due from the
Department of Social Services or whatever it's
called these days to evaluate the impact of
raising these exemptions on people's rise up
from poverty?
SENATOR MEIER: Madam President,
I'm not aware if -- I'm not saying there is
not. I'm not aware that there was a specific
requirement that a report be done with regard
to the efficacy of these particular
provisions.
There was a requirement for a
report to be rendered in terms of the broader
effects of welfare reform as a matter of
public policy overall. We do have some data
from the Office of Temporary and Disability
Assistance. I'm not aware that a formal
report has been rendered.
6847
There has been a report rendered,
that the department was involved in preparing,
done by the Rockefeller Institute, which does
show some significant progress as a result of
welfare reform. I think current count is the
rolls are down by some 900,000. There's
significant data suggesting that a large
number of those who are adults have in fact
found employment. There has also been some
identification of some continuing areas of
challenge.
But that's all that I'm personally
aware of in terms of my colleague's question.
SENATOR DOLLINGER: Thank you,
Madam President, if the sponsor will yield to
another question.
THE PRESIDENT: Senator Meier,
will you yield?
SENATOR MEIER: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Dollinger.
SENATOR DOLLINGER: If it appears
that the increase in these exemptions is
moving us toward the goal that we set in
6848
1997 -- that is, the allowance for people
rising out of poverty to accumulate more
assets and not lose government assistance and
benefits and/or have them tapered back in some
form -- why wouldn't we make this permanent?
I mean, it seems like -- Senator
Meier, I think you're right on the nose. At
least my anecdotal evidence is that it's
working, and it seems as though we have a
report or some evidence from our government
that says it's working. Why not just make it
permanent?
SENATOR MEIER: Well, Madam
President, first of all, the nuns taught me
some 40 years ago that nothing on this earth
is permanent, except perhaps the intransigence
of the New York State Assembly in passing
Senator Alesi's bill.
Second of all, this does relate to
welfare reform, which requires federal
reauthorization. So we do need to stay in
sync with that.
Third of all, one of the reasons to
bring this up periodically and to sunset it is
sunsetting it precisely forces us to take a
6849
look at it and to see if some of these
provisions might not need to be increased.
And I do agree, the ability to
accumulate assets is something that lets
people believe they have a stake in the
American dream, encourages them to get off
welfare. That's why the last time we
considered this we took the value of a vehicle
that people could own for the purposes of
work, we increased it.
We presently are considering at
least two bills that deal with permitting
people to keep additional assets for the
purpose of investing in education and other
things that might be helpful in getting off
welfare, if they have an inheritance.
And we're also examining for
possible legislation in the area of permitting
some degree of savings for not only some of
these exempt purposes but for legitimate
activities that move people from welfare to
work.
SENATOR DOLLINGER: Through you,
Madam President, on the bill.
THE PRESIDENT: You may proceed,
6850
Senator.
SENATOR DOLLINGER: I have to
express a substantial disappointment. And
that is, the nuns that taught me 40 years ago
didn't teach me the meaning of the word
"intransigence." I didn't get that until I
got to college. So, Senator Meier, you were
obviously ahead of me, and the nuns in Central
New York were doing a better job than in
Rochester.
But despite that, I appreciate
Senator Meier's characterization of why we do
these sunset provisions. We force ourselves
to rethink these notions before we move on.
One of my great dismays, and that's
why I asked about the report, is because when
we undertook welfare reform, we did a whole
bunch of strategic changes, including allowing
additional asset accumulation. We phased out
benefits.
We certainly, as part of the Child
Health Plus and now the Family Health Plus, we
have decided that we weren't going to take
that draconian approach that said as soon as
you get more than X amount of assets, the day
6851
you get a penny more, you don't get anything.
We also eliminated that approach. We
eliminated the approach of as soon as you make
so much in income, you don't get anything.
And I think, and I agree with
Senator Meier, that my sense is that the
impact of those changes have been to generally
allow the transition, the movement out of
poverty to occur at a much quicker rate. And
I hope that the reduction in the number of
claims and the people who are on welfare is
evidence of that.
However, I still think that we
ought to require a report or an obligation to
tell us exactly what the effect of this
measure is, so that we can isolate those
changes and determine which are most effective
in producing the end result that we seek.
That's why I know there was a broad
report about the welfare rolls. I've never
quite seen that report. And what I would
prefer that we do is really approach this from
a social science point of view and analyze, to
the best extent we can, each one of these
changes to see what impact they had.
6852
I'm going to vote in favor of this
bill, Madam President. My hope is that this,
like the bill before it, will become
permanent, that we'll recognize that this is
right approach, we can make it permanent. And
at some point twenty years from now, when the
next iteration of welfare reform comes down
the pike, we'll just change that, put it on a
short-term sunset, evaluate it two or three
times, and then make that permanent as well.
But I think this is the right
direction to move. I wish we had a little
more data that shows that this specific change
was getting to the specific goal we wanted.
But I'll vote in favor, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
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, 55.
THE PRESIDENT: The bill is
6853
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Senator Saland's
bill, Calendar Number 643.
THE PRESIDENT: The Secretary
will read Calendar 643.
THE SECRETARY: Calendar Number
643, by Senator Saland, Senate Print 1341, an
act to amend the Criminal Procedure Law, in
relation to expanding.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Saland,
an explanation has been requested.
SENATOR SALAND: Thank you, Madam
President.
Madam President, this bill would
expand the current provisions of protections
for child witnesses, vulnerable child
witnesses, as are found in Section 65 of the
Criminal Procedure Law, to include not merely
the current crimes, which are sex offenses
under Article 130, or incest, but to expand
those includable crimes pursuant to which a
vulnerable child witness would be able to
6854
testify by way of closed-circuit television to
include the crimes of first degree and second
degree murder.
This obviously is a situation in
which a child is compelled at times to testify
under the most anguishing of circumstances,
may be compelled to testify with regard to
somebody who had previously been very close to
the child. There was a particular instance in
Erie County in which this situation actually
occurred.
The child certainly has gone
through enough to be at that point in place
and time where he or she is going to very
bravely walk into court and afford testify in
a criminal prosecution, and we should provide
the same types of protections that the law
currently provides for in sex-offense cases to
these young people as well.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Saland would yield for a
question.
THE PRESIDENT: Senator Saland,
will you yield?
6855
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Paterson.
SENATOR PATERSON: Senator, I can
certainly understand the genesis of this bill,
the circumstance of a child having to testify
face-to-face with his own mother when two
other children apparently had been murdered by
the mother and the child himself was attacked.
It certainly demonstrates the need for this
type of legislation.
The legislation we passed in 1985
related more to sex offenses. And I notice
that the legislation was first proposed in
1992. And maybe I'm just missing something.
But seriously, I ask you, why has it taken us
so long to address this issue?
SENATOR SALAND: Well, certainly,
Senator Paterson, not from any lack of effort
in this house, because I know you and your
colleagues have joined with us, both sides of
the aisle, in passing this bill unanimously in
the past.
There seems to be some reluctance
6856
on the part of the Assembly, I think not
necessarily well-placed. We are keenly
interested in this bill. Assemblyman
Schimminger is sponsoring the bill in the
Assembly. I'm hopeful that our continued
efforts will make this an issue which will
continue to resonate. Certainly there are
ample protections in here that should assuage
whatever concerns that the Assembly may have.
This is not done arbitrarily. It's
done as part of a proceeding that's carefully
laid out under Article 65. Evidentiary
circumstances, clear and convincing evidence,
there has to be some extraordinary
circumstances. Again, which are defined at
length, some ten to twelve different
categories in Section 65 of the CPL.
So I believe on the merits it's as
clear and convincing as can be that we should
be passing this in both houses and getting it
to the Governor's desk. And I would say with
certainty that certainly this is the kind of
legislation that Governor Pataki would readily
sign into law.
SENATOR PATERSON: Madam
6857
President, if Senator Saland would yield for
another question.
THE PRESIDENT: Senator Saland,
will you yield?
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Paterson.
SENATOR PATERSON: Senator, I'm
not trying to put you in the position of
debating against your bill, but I would like
some clarification as to what would be the
difference between the protection being
provide for the sex offenses and the
protection being provided under first and
second degree murder, given the fact that, in
a sense, it's the same situation where the
youth, the underage person, is being forced to
confront the adult in the courtroom.
SENATOR SALAND: If I thought
there was a measurable standard or a
difference by which we could make such a
distinction, in all candor I wouldn't have
introduced this legislation.
I think there should be no
6858
distinction. Obviously, we're not talking
about situations that arise in extraordinarily
large numbers. We're talking about very
limited situations.
And due to the way that we
constructed the existing law, with the court
making the determination that a child witness
is vulnerable, there are certainly more than
adequate protections to ensure that the rights
of a defendant are not in any way, shape, or
form prejudiced and certainly the rights of a
young, vulnerable child -- in this case, less
than 12 years old -- are being protected to
the extent that the law can permit within the
bounds of what would be described as being
constitutional.
SENATOR PATERSON: Madam
President, a final question for Senator Saland
if he is willing to yield.
THE PRESIDENT: Senator Saland,
will you yield?
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Paterson.
6859
SENATOR PATERSON: Senator, you
covered first and second degree murder. I
wondered about the issue of capital murder and
wanted to know, if you had your wish, were
there any other crimes that you might have
wanted to include in this legislation -
perhaps dissuaded by the length in which it's
taken to pass it -- and just hope that you
would not fail to point out that this is
discretionary, this doesn't mandate that it
has to happen, but it creates the option for
the court.
SENATOR SALAND: Certainly, as
you point out, Senator Paterson, it would not
be required in each and every case. There
would have to be application to the court.
The court would have to, again, looking to the
evidentiary standard, make sure this was an
appropriate case.
I'm sure that we probably,
collectively or individually, could conjure up
other circumstances in which it might well be
appropriate to expand these protections. And
there are bills in which would expand to other
categories of crimes as well.
6860
But this would seem to be the one
at this particular point that cries out the
loudest and the most for redress.
And I'm hoping that a statement
again by this house in the unanimous fashion
that we believe this is an important policy
decision will help bring the Assembly to the
table and see if we can collectively protect
some very young innocents who should not be
forced to endure further traumatization in
these high-profile criminal cases.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of the
calendar month next succeeding the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
6861
if we could call up Calendar Number 674, by
Senator Wright.
THE PRESIDENT: The Secretary
will read Calendar Number 674.
THE SECRETARY: Calendar Number
674, by Senator Wright, Senate Print 3525, an
act to amend the Environmental Conservation
Law, in relation to deer management permits.
SENATOR OPPENHEIMER:
Explanation, please.
THE PRESIDENT: Senator Wright,
an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
The bill extends the utilization
and issuance of deer management permits.
Currently they're authorized in specific areas
of the state in the northern zone. And this
extends it into the counties of Lewis and
portions of Oneida County.
THE PRESIDENT: Senator
Oppenheimer.
Senator Skelos, excuse me.
SENATOR SKELOS: Thank you.
There will be an immediate meeting
6862
of the Housing Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Housing Committee in
the Majority Conference Room.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I'm
supportive of this. I just have a couple of
questions I'd like to ask.
THE PRESIDENT: Senator Wright,
will you yield to a question?
SENATOR WRIGHT: Yes, I will,
Madam President.
THE PRESIDENT: You may proceed.
SENATOR OPPENHEIMER: Senator
Wright, how was it determined what portion of
the state will be able to benefit? It seems
to me that we have a huge deer problem
throughout the state. And I know this extends
to one particular area. But why don't we have
something like this for the whole state?
Excluding the downstate areas, where we have
too big a population to shoot with guns.
SENATOR WRIGHT: Madam President,
the state is divided into areas identified as
6863
deer management units. And the department
monitors the animal population, the deer
population, specifically within those units.
They periodically conduct public information
meetings with sportsmen and other interested
individuals within those deer management
units, including the farm community.
All of that information is then
collected, reviewed by the biologists and
others involved in wildlife management within
the department, and then they offer a series
of recommendations based on the areas that
they're predicting an overabundance of deer
population, which now constitutes some
60 percent of the deer management units within
the state.
They then advance the areas that
are to be incorporated. Specifically, the
additional permits are being used in the
northern zone initially, and they are now
being spread out into other regions of the
state on an incremental basis.
SENATOR OPPENHEIMER: If the
Senator would yield again.
SENATOR WRIGHT: Yes, I will,
6864
Madam President.
THE PRESIDENT: You may proceed,
Senator Oppenheimer.
SENATOR OPPENHEIMER: We have -
this may sound funny. It's not. We have a
huge problem with deer in Westchester County.
And we are not permitted to shoot them, which
is okay. But we need to have some method of
management down there. What is available to
us, since we can't utilize the same kind of
legislation?
SENATOR WRIGHT: I'm sorry, Madam
President. I don't know what the other
alternatives would be. I would refer the
Senator to the Department of Environmental
Conservation.
SENATOR OPPENHEIMER: Now, is -
maybe this will help me. Through you, Madam
President, if the Senator would yield.
THE PRESIDENT: Senator?
SENATOR WRIGHT: Yes, I will,
Madam President.
THE PRESIDENT: You may proceed,
Senator Oppenheimer.
SENATOR OPPENHEIMER: What are
6865
the other measures that you utilize in this
area to control the deer population? Or is
the extension of the hunting permit just the
only method you use to control the deer
population?
SENATOR WRIGHT: Madam President,
through you, you'll note, Senator, that
there's a subsequent bill that we'll be
debating soon that extends muzzle loading
season. It's typically done by advancing
seasons, authorizing additional permits,
authorizing special permits for the taking of
deer.
SENATOR OPPENHEIMER: Okay.
Thank you. Thank you, Senator.
SENATOR WRIGHT: Thank you.
SENATOR OPPENHEIMER: On the
bill.
Unfortunately, I didn't hear any
other alternative than hunting -- extending
the hunting season, permitting more deer to be
hunted. That really doesn't help us
downstate. I strongly support the deer
hunting season, because it's certainly a whole
lot more humane to have a deer shot to death
6866
than to have them starve to death.
And so I do support this. And I
just hope there are going to be more
suggestions made for us downstaters who need
some help with our deer population, which has
been exploding.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Senator Paterson.
SENATOR PATERSON: Yes, just
briefly, if Senator Wright would yield.
THE PRESIDENT: Senator Wright,
will you yield for a question?
SENATOR WRIGHT: Yes, I will,
Madam President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR PATERSON: Senator, I'm a
little confused, and I thought perhaps you'd
alleviate my thoughts on this.
I'd be surprised if there weren't
regulations controlling the deer population
now. In other words, there's hunting in the
6867
area now. How does this change the procedures
any more than they would exist at this point?
We must have some sort of regulation in those
areas such as Lewis County, Oneida, Oswego,
the Tug Hill region?
SENATOR WRIGHT: Senator, you're
absolutely correct. While it may be perceived
as the Wild West or the wilds of the North
Country, in fact there are regulations through
the Department of Environmental Conservation.
Those relations are addressed in
this bill, in that they authorize and require
the issuance of special deer management
permits. So this is over and above the
regulations that exist throughout the state,
and this is an additional permit that is
provided to allow for the additional taking of
deer. We're also extending it into other
areas of the state as well.
SENATOR PATERSON: Madam
President, just one final question.
SENATOR WRIGHT: I will yield,
Madam President.
THE PRESIDENT: You may proceed,
Senator.
6868
SENATOR PATERSON: Senator, this
is a little unrelated, but any thoughts on how
to regulate the deer population in the areas
where there is no hunting, given the shrubs
and the plants that the deer are eating and
the rapid growth of the population of deer in
those areas?
SENATOR WRIGHT: No, I don't,
Senator. I gave it some consideration when
Senator Oppenheimer raised the issue. I
recognize that a deer roundup probably was
inappropriate and not practical. And so I
don't really have viable alternatives.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
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, 55.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
6869
SENATOR SKELOS: Madam President,
if you would call up Calendar Number 675, by
Senator Wright.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
675, by Senator Wright, Senate Print 4109, an
act to amend the Environmental Conservation
Law, in relation to regulation.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Wright,
an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
This bill extends the
muzzle-loading season and regulations
delegated to the Department of Environmental
Conservation to administer the muzzle-loading
big game season. And it extends it through
October 1, 2005.
SENATOR PATERSON: Thank you.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
6870
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
The Secretary will read.
THE SECRETARY: Calendar Number
650, by Senator Volker, Senate Print 3781, an
act to amend the Civil Rights Law, in relation
to confidentiality.
SENATOR PATERSON: Explanation,
please.
THE PRESIDENT: Senator Volker,
an explanation has been requested.
SENATOR VOLKER: Okay. Madam
President, this is a bill that extends the
protections of the Civil Rights Law to parole
officers as regards their personnel records
under the control of the Division of Parole.
Virtually all people involved in
the law enforcement system are now covered by
this protection: police officers, correction
officers, local correction officers, state
6871
correction officers. The only ones that are
not, essentially, is parole.
And, by the way, to anticipate a
question, we are working with the Assembly on
this, and we think there's a very good chance
that the Assembly may pass this bill this
year.
Because one of the problems
relates -- obviously, parole officers are
coming more and more in contact with more and
more individuals who sometimes feel that they
can harass the parole officers by getting
personal records and so forth. So that's what
this is about.
It still doesn't mean that
obviously for court purposes that the records
can't be obtained, because a court order can
obtain the records. And of course the parole
officer, he or she themself can sign and allow
them to be used.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, Senator Volker anticipated my
questions.
So just to review, the records are
6872
open to discovery. So for instance, in the
case of a parole officer that did have some
kind of history of some type of abuse or, you
know, misconduct on the parole officer's part,
that the attorney for the parolee whose
application was revoked would have an
opportunity in court to at that time review
those records?
SENATOR VOLKER: Absolutely.
SENATOR PATERSON: Thank you,
Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
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, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
652, by Senator Maltese, Senate Print 4088, an
act to amend the Penal Law and the General
6873
Obligations Law, in relation to placing a
false bomb.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Maltese,
an explanation has been requested.
SENATOR MALTESE: Yes, Madam
President. This is an act to amend the Penal
Law and the General Obligations Law in
relation to placing a false bomb.
This expands the crime of placing a
false bomb in the first degree, which was a
Class E felony, to include not only when a
person places a false bomb upon school
grounds, as is the case now, but also when a
person commits the crime of placing a false
bomb in the second degree and either the
person has been previously convicted of
placing a false bomb in the second degree or
emergency personnel are seriously injured or
killed as a result of responding to such false
bomb incidents or a bystander is seriously
injured or killed by an emergency vehicle
responding to the false bomb.
This conforms placing a false bomb
with the report of placing a false bomb, by
6874
making them both Class E felonies and raising
them from Class A misdemeanors. It seemed
inconsistent to have a certain -- the
reporting of placing a bomb or placing a false
bomb to be a Class E felony and not having the
actual placing of the false bomb be considered
a Class E felony.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if I could interrupt for a minute, there will
be an immediate meeting of the Finance
Committee in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Paterson.
SENATOR MALTESE: While we're
waiting, Madam President, it also conforms the
Vehicle and Traffic Law, because of the
suspension and revocation of license
provisions, those would also apply, as they do
now, to the placing of the false bomb.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, the immediate meeting of the
6875
Finance Committee preempted Senator
Dollinger's questions. And I know that we're
all disappointed. I'll try to stand in for
him and ask if the Senator would yield for a
question.
SENATOR MALTESE: Yes.
THE PRESIDENT: Senator Maltese
has yielded.
You may proceed, Senator Paterson.
SENATOR PATERSON: Thank you.
Madam President, would no bomb be a
false bomb? In the sense that there doesn't
actually have to be a tangible object for
someone to be injured or killed coming to the
aid of others in what is perceived at that
time to be an emergency.
SENATOR MALTESE: Madam
President, my understanding is that this would
only apply to the actual placing of this false
bomb, which, according to the definition of
the section, actually describes an apparatus
which would have some appearance relating to a
false bomb.
The criminalizing of a person
injured by an emergency vehicle responding to
6876
this particular occurrence would -- excuse me,
Madam President. I believe what the good
Senator is stating is whether or not the false
bomb or the reporting of a false bomb would
have to be the occurrence where an innocent
bystander or a member of the emergency
personnel service would be injured.
SENATOR PATERSON: Right, that's
correct, Madam President.
If the Senator would continue to
yield.
SENATOR MALTESE: Yes.
THE PRESIDENT: Senator, you will
yield?
You may proceed, Senator.
SENATOR PATERSON: What I'm
getting at, Madam President, is at the time
that the emergency services and law
enforcement personnel are responding, they
can't see the false bomb or something designed
to appear to be a bomb. And so I was just
asking Senator Maltese if he might delineate
the reason why there has to be a false bomb
for there to be a punishment.
Because actually, based on the way
6877
this bill is written, I would only see it to
be applicable if the injured party can
actually -- in other words, they see the false
bomb, they try to extinguish it, they fall and
hurt themselves or are killed.
My point is, it doesn't really
matter, when someone is responding, whether
they're responding to a myth or to an actual
object.
SENATOR MALTESE: Madam
President, what this is seeking to do is bring
up the severity of the crime when the actual
false bomb is placed.
The situation that is recited by
Senator Paterson is already covered under the
reporting of a false bomb.
And if someone is injured by an
emergency vehicle or a bystander is injured in
the course of responding to that action, that
would also be a crime. And this section seeks
to raise that crime in this situation from a
Class A misdemeanor to a Class E felony.
SENATOR PATERSON: So in other
words, Madam President, what we're going to do
is further penalize the perpetrator for not
6878
only the report but the actual act of putting
together some apparatus that mirrors or causes
others to believe that it is in fact a weapon?
SENATOR MALTESE: Madam
President, yes, but it also can be a situation
where it is making the law consistent.
The situation heretofore was that a
person who made a false report and someone was
injured, emergency personnel or an innocent
bystander, in the course of responding to that
false report, that was raised to a Class E
felony.
In this case it was inconsistent
that if there was actually a false bomb placed
and perhaps no report made, and a bystander
was killed or a member of emergency personnel
services was killed or seriously injured, it
was still a Class A misdemeanor. And this
raises it to a Class E felony.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
6879
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
670, by Senator Maziarz, Senate Print 4438, an
act naming the two hard-surface boat launching
ramps.
SENATOR MALCOLM SMITH:
Explanation.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Maziarz,
an explanation has been requested.
SENATOR MAZIARZ: Thank you very
much, Madam President.
This legislation, tragically, is
regarding two Coast Guardsmen, Scott Chism and
Chris Ferreby, who were both on duty at Coast
Guard Station Niagara, located in Youngstown,
New York, on the evening of March 24, 2001,
when they were out on a possible rescue
mission for alien smugglers and their boat was
6880
swamped and both Coast Guardsmen Chism and
Ferreby and two of their colleagues were
thrown into the water, and all four of them
were rescued and taken to the hospital.
And because of the long-time
exposure in Lake Ontario and because of the
inclement weather and the cold weather, Coast
Guardsmen Chism and Ferreby did not survive
the incident. And this legislation would, in
their honor, and for their service to their
country, name two facilities at Fort Niagara
State Park after these two individuals.
Thank you, Madam President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: The
explanation is satisfactory, Madam President.
But let's do a slow roll call
anyway.
THE PRESIDENT: Pardon me,
Senator? I didn't hear the last -- after the
"but."
SENATOR PATERSON: I'm sorry, I
lost -
SENATOR MAZIARZ: He asked you to
read the last section, Madam President.
6881
(Laughter.)
THE PRESIDENT: Thank you,
Senator Maziarz.
Does any other member wish to be
heard on this bill?
Then the debate is closed.
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, 55.
THE PRESIDENT: The bill is
passed.
Senator Fuschillo, that completes
the reading of the controversial calendar.
SENATOR FUSCHILLO: Madam
President, is there any housekeeping at the
desk?
THE PRESIDENT: No, there is not,
Senator Fuschillo.
SENATOR FUSCHILLO: May I ask
that we stand at ease pending the return of
the Finance report.
THE PRESIDENT: The Senate stands
6882
at ease.
SENATOR FUSCHILLO: Thank you.
SENATOR PATERSON: Madam
President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, there will be an immediate meeting
of the Minority Conference in the Minority
Conference Room after session. After session,
they tell me.
THE PRESIDENT: There will be a
meeting of the Minority Conference in the
Minority Conference Room after session.
SENATOR PATERSON: After session,
there will be a meeting of the Minority
Conference.
THE PRESIDENT: So stated,
Senator Paterson.
SENATOR PATERSON: Thank you.
(Whereupon, the Senate stood at
ease at 12:34 p.m.)
(Whereupon, the Senate reconvened
at 2:00 p.m.)
ACTING PRESIDENT McGEE: Senator
Bruno.
6883
SENATOR BRUNO: Madam President,
can we at this time return to reports of
standing committees.
I believe that there is a report
there from the Finance Committee. I would ask
that it be read at this time.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 5256, by Senator Leibell, an act
to provide for the adjustment of stipends.
ACTING PRESIDENT McGEE: Without
objection, direct to third reading.
SENATOR BRUNO: Madam President,
can we take the bill up at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 795, Senator Leibell moves to
discharge, from the Committee on Finance,
Assembly Bill Number 8718 and substitute it
for the identical Senate Bill Number 5256,
6884
Third Reading Calendar 795.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
795, by the Assembly Committee on Rules,
Assembly Print Number 8718, an act to provide
for the adjustment of stipends.
SENATOR BRUNO: Madam President,
is there a message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity from the Governor at
the desk.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT McGEE: The
motion is made to the accept the message of
necessity and appropriation. All in favor say
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
6885
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
As Executive Director of the
Consumer Protection Board, C. Adrienne Rhodes,
of New York City.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Mr. -- or,
excuse me, Madam President, again this
morning -- we note it is no longer morning -
we have had four nominations that have come
from the Governor that are excellent, as the
previous nominees have been. And we're proud
of all of them.
6886
And for the first we yield to the
Senator from Manhattan, Senator Goodman.
ACTING PRESIDENT McGEE: Senator
Goodman.
SENATOR GOODMAN: Thank you,
Madam President.
It's my very, very great privilege
indeed to present to this body the credentials
of an extraordinary public servant, C.
Adrienne Rhodes, who has been nominated as the
Executive Director of the Consumer Protection
Board.
Ms. Rhodes came first to my
awareness when I nominated her to run for
Congress in the East Side of Manhattan, a job
which she undertook despite the very great
odds which were prevailing in that district at
the time. She handled her responsibilities in
this with great dignity and held up the flag,
I should say, in a fashion that was quite
exemplary.
Apart from that, however, she has a
rather important background as a former vice
president of the Daily News, the largest
circulation newspaper in the world, as you
6887
know. And in addition, she was involved very
heavily with the United Negro College Fund and
a number of other very significant
institutions.
Ms. Rhodes has extensive experience
in consumer affairs, and it's my judgment that
she'll make a superb addition to the ranks of
people who were previously involved, such
high-stature folks as Betty Furness and others
of substantial posture and awareness of
consumer issues.
Ms. Rhodes has been in the Bush
administration, of the President George H.W.
Bush, as a U.S. Small Business Administration
Commissioner on Minority Business Development,
Media and Perception Task Force, and the like.
She is an individual of exceptional
intelligence and ability, and I think she is
someone whom this house I feel certain will
wish to give its full support to in unanimous
fashion. I trust that will now be the case.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
6888
you, Madam President.
I rise to echo the sentiments of my
colleague Senator Goodman on this appointment.
This is one of the very few appointments where
I know personally the record and achievements
of a young woman in this state who has done
some wonderful things. And therefore, in
committee, I was more than happy to add my
vote to those of my colleagues in this
appointment.
And I am very pleased. And I think
that, as the ranker for this committee, I
think that the people of the State of New York
will be well served having her in this
executive post watching out for the consumers
of the State of New York.
Thank you.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you
very much, Madam President.
I rise just to echo the sentiments
of Senator Goodman. As the chair of Consumer
Protection, I want to compliment Governor
Pataki for putting forth this nomination.
6889
Chairwoman Rhodes has done as outstanding job
as the acting chair, and I look forward to a
long working relationship with her.
She is taking over an agency that I
had the opportunity to author a significant
consumer protection legislation called the "Do
Not Call" Registry in the State of New York,
and she is managing the department where over
1.4 million New Yorkers have already signed up
for it.
I wish her the best. I offer my
compliments and my full support to you.
Thank you.
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, I too would like to rise to second
the nomination of C. Adrienne Rhodes.
I met her the other night when she
came up to me and grabbed me at a reception
that I didn't expect to be talking to the
Consumer Protection nominee, and I found her
aggressive and charming at the same time, and
also very informed.
And I thought that her answers
6890
today, and in reading her background, she
brings what I think we need to this
department. I think that she'll do an
excellent job.
And to top all that off, it turns
out that she's a personal friend of Senator
Smith's.
So with all that in the background,
I couldn't resist the opportunity to get up
and also second the nomination and
congratulate the Governor on his fine
selection.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the
confirmation?
The question is on the confirmation
of C. Adrienne Rhodes as Executive Director of
the Consumer Protection Board. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: C.
Adrienne Rhodes is hereby confirmed as
6891
Executive Director of the Consumer Board of
Protection.
(Applause.)
ACTING PRESIDENT McGEE: May I
say welcome aboard and congratulations to you
on this new appointment.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Trustees of the City University
of New York, Joseph Lhota, of Brooklyn
Heights.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Madam
President, for this very fine nominee I would
have to make a point that I made a mistake
here this morning -- at 2:00 p.m. Two
nominees are from the Mayor today and two are
from the Governor. Although all four are, as
I say, excellent.
And it is a pleasure to yield to
the Senator from Rensselaer.
SENATOR BRUNO: From Brunswick,
in Rensselaer County.
Thank you, Senator.
6892
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Thank you very
much.
And, Madam President, I'm honored
to welcome someone with the experience, the
talent, and the knowledge of Joseph Lhota.
Welcome here to the Senate. We're
here to confirm his appointment, as you've
heard, to the City University of New York.
Joe Lhota was named Deputy Mayor in
'98 by Mayor Giuliani. He is one of the most
highly qualified people in City administration
and in government presently, having a
responsibility for operations, for the
relationship with state, federal, local
governments, dealing in his previous tenure
with the Mayor as budget director, with a
$36 billion budget, $45 billion capital.
He came to that job from the
private sector, so he is a great combination
of someone who has been in the private sector
as well as in public service, having spent 15
years as an investment banker previous to his
present position, director of public finance
6893
at First Boston Corporation, and a managing
director of municipal securities at Paine
Webber.
He brings a lot of experience from
the private sector to his present job. He has
a family history of people who committed
themselves to public service. I believe that
his father was a first lieutenant in the
New York City Police Department, and his
grandfather was a fireman. So he comes
well-prepared for further public service.
And it is a testimony to the
Mayor's and the Governor's and our commitment
to education and higher education in the City
and in the State.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Padavan.
SENATOR PADAVAN: Thank you,
Madam President. Just to carry forward the
fine words expressed by the Majority Leader on
behalf of the nominee sent to us by the Mayor
of the City of New York.
During the discussions of the
Finance Committee, many of us who represent
6894
parts of the City of New York pointed out that
on whatever occasion presented us where we had
to reach out to City Hall, City government for
the resolution of a problem, Deputy Mayor
Lhota was there to do it and to do it with
enthusiasm, with graciousness, and with
effectiveness.
The Mayor undoubtedly feels that
City University presents not only a great
opportunity for the people of the city of
New York, if not the state, but it also has
significant problems, some of which we will be
dealing with in this budget, as relates to
full-time faculty and many other issues that
are important to the City University, one of
the great universities to be found anywhere in
this country.
And so the Mayor has said, I want
my right hand there to see that what has to be
done is done. And I would applaud him for
having made that decision. I applaud members
of the Finance Committee and Higher Education
Committee for having confirmed, in their
judgments, the wisdom of that selection.
And so I'm pleased to second his
6895
nomination.
ACTING PRESIDENT McGEE: Senator
Marchi.
SENATOR MARCHI: Madam President,
we feel very good about the events that took
place this morning at the Finance Committee,
and now to be replicated with very fine
nominees.
Joseph Lhota, of course, as has
been so eloquently pointed out by my
colleagues, really has a great deal to offer,
so much hope.
I had the unique opportunity -- I
guess I'm probably the only member in this
house at the time when the formation of the
City University was advanced, originated and
advanced. And they had growing pains, too,
with it as well as some successes. They had a
Nobel prize winner that came out of the City
University, but they did experience
difficulties.
But Joseph Lhota has an
extraordinary background. It includes
Harvard, includes Georgetown. It includes, as
has been pointed out, the supervision of the
6896
operating agencies of the City of New York.
And of course a great Mayor, and a great team
that he put together. He pursued that with
great diligence and with extraordinary
results.
I mean, they've been the comment
throughout the world about things that have
been happening in New York City. And he's
bringing these unique qualities available to
his future mission.
And I'm sure that he's going to
continue the forward progress that has been
resumed and acquiring speed and direction and
orientation when he assumes these
responsibilities with your approbation.
So I'm very, very pleased. He's no
stranger to the people of my county in Staten
Island. And I think the whole City of
New York is going to be very grateful that
this event is taking place.
I was not aware, until Senator
Bruno pointed it out, that public service was
a byword in his family. This is a familial
heredity that he shares at the very highest
level.
6897
So it's indeed a very happy
occasion, Madam President, to urge a unanimous
vote on this nomination.
ACTING PRESIDENT McGEE: Senator
Goodman.
SENATOR GOODMAN: Madam
President, I first became aware of Deputy
Mayor Lhota's qualifications when I served on
the transition committee of Mayor Giuliani
assigned to review possible candidates for
high office in the city.
And at that time it was quite
evident from the interview that we
conducted -- a rather exhaustive interview, at
that -- that Joe Lhota was a man not only of
immense ability but tremendous potential.
He was selected on that occasion
and nominated before the Mayor, who eventually
decided upon his appointment as Finance
Commissioner of the City, a job with which I
have some familiarity, since I served in that
post in the first Lindsay administration.
I'd say Joe Lhota's ability to
perform in that job made it very clear that he
was capable of taking on even greater
6898
responsibilities, which he subsequently did as
budget director of the city, and then not as
just deputy mayor but as first deputy mayor.
The first deputy mayor, as we know, is the
deputy mayor called upon to keep the city
under control when the mayor is not available.
He has to have a very broad grasp indeed of
all of the activities that occur in the city.
And in crisis after crisis, Joe
Lhota indicated a superb ability to deal
coolly and effectively with different problems
that came to his desk.
In handling the CUNY situation, or
in being a participant in the board of CUNY,
he takes on an entirely new type of
responsibility which will challenge fully his
skill and ability. Here a diplomacy comes
into play which he has already demonstrated in
full measure.
CUNY is a mess and has been for
some time. It's improving, but it's clear
that CUNY is not giving a whole generation of
kids an adequate break in terms of preparing
them to meet the technical demands of a very
tough world. And I think the mere fact that
6899
we're raising the standards of CUNY, that we
recognize that the people going into the CUNY
apparatus are ill-prepared and need to be
boosted in a significant way so that they can
go on to greater achievement, is a compelling
necessity at this time.
With his wonderful wife, Tamara,
and his fine family, I think it's quite clear
that this is a man well prepared to do this
important job. I salute him and wish him well
in it, and trust we'll all vote for him with
enthusiasm.
ACTING PRESIDENT McGEE: Senator
Velella.
SENATOR VELELLA: Thank you,
Madam President.
I think my colleagues have spoken
well of Joe Lhota's work for the City of
New York, and I dare not be the only member on
this side of the aisle to rise from the City
of New York and speak favorably about him.
He has done a great job as a deputy
mayor, but that's because his roots were in
the Bronx. He comes from the Pelham Bay
section of my district, where he worked very
6900
diligently for my predecessor, Senator
Calandra, during his younger days.
Unfortunately, he was misguided and moved to
Brooklyn at some point in his life.
And I think that we welcome him to
come back as a member of the board at CUNY and
help us work on some of the problems we're
having with the colleges in the city system.
And I am sure that, together with the other
members on that board, he will bring back the
greatness of City University that it so
deserves.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: Madam
President, I rise to speak on this nomination.
This term will continue until the
year 2004. And while Mayor Giuliani will be
leaving office in seven months or so,
Mr. Lhota's contribution will continue well
past that time. And I think it's important to
offer bipartisan support, because it is a
nonpartisan or at least it ought to be a
nonpartisan role, that of trustee of the City
University.
6901
I was delighted to hear Mr. Lhota
this morning talk about standards, because I
think they're important; accountability,
because I think it's important; and something
that's very important to many of us, and
that's the improvement in the ratio or in the
number of full-time faculty.
I'm convinced that -- or at least I
certainly hope that Mr. Lhota will continue in
this tradition of independence in the City
University and in continuing the fine
tradition of the City University that dates
back to the founding of City College more than
150 years ago.
So I congratulate Mr. Lhota and
hope that the promise of today turns into the
fulfillment of tomorrow.
Thank you.
ACTING PRESIDENT McGEE: Senator
Lachman.
SENATOR LACHMAN: Yes, I also
rise to commend this appointment by the Mayor
of Mr. Lhota to succeed Mr. Marino, also a
good man.
Mr. Lhota comes to the CUNY board
6902
of trustees with the credentials that were
mentioned so eloquently by my colleagues on
the other side of the aisle, as budget
director, finance commissioner, basically
first deputy mayor of the City of New York.
But he has been involved in higher educational
concerns for many years.
And I was delighted at one of the
two meetings that we had, Higher Education and
then Finance, that he has committed himself to
Chancellor Goldstein's master plan for the
improvement, qualitatively-wise, of the City
University of New York, which is an excellent
university, but to return it to its former
glory for the future glory of the university.
The City University of New York is
the nation's largest urban public university
and the nation's third largest public
university.
I was also delighted to hear
Mr. Lhota say that he is completely committed,
completely committed to the master plan of
Chancellor Matthew Goldstein, which will lead
in the direction we want it to lead to. I
echo the words of Senator Stavisky. Faculty
6903
lines, permanent lines are very, very
important in the greatness of the university.
But also I don't want him to
forget -- as a former professor and university
dean of CUNY, I don't want him to forget the
doctoral students. Now, SUNY has four major
central campuses at Stony Brook, Binghamton,
Albany and Buffalo. CUNY has only one
location where doctoral students are produced,
at the Graduate Center.
And there is one discrepancy that
exists between CUNY and SUNY which should be
corrected. Unlike SUNY, there are no tuition
scholarships at the Graduate Center of the
City University of New York for doctoral
students to teach undergraduate students. And
I know that Chancellor Goldstein favors this.
I know the president of the Graduate Center
favors this. And I'm certain that Board
Member Lhota will favor this.
And, most importantly, Mr. Lhota is
coming into a situation where for over a
decade there has been tension and conflict,
and I mentioned this at the Finance Committee,
between the chancellor, chancellor's office,
6904
and certain members of the board of trustees.
I look upon Mr. Lhota not only as an
outstanding manager and administrator but a
great conciliator: Henry Clay Joseph Lhota.
And one of his major jobs will be to bring the
different factions together so they can work
together towards the fulfillment of the master
plan and the greatness of the City University
of New York.
I'm proud to second this
nomination. Thank you.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Thank you,
Madam President. I'll be very brief.
I met Joe Lhota about 17 or 18
years ago through a couple of mutual friends.
And I don't have a particularly active memory
of that time or those occasions when I saw
him, but his was a name that came up often in
my circle of friends, since they knew him.
And it was really a pleasure to sit
here and notice how familiar my colleagues
have been with the work that he's done over
the years and the success that he's achieved
6905
and the great manner in which they have
regaled those achievements here today.
So having heard about him and then
even myself having worked with the Mayor's
office and with him for the past three or four
years, it's really a pleasure to see someone
fulfill the processes that others believed in
many years ago.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the
confirmation?
The question is on the confirmation
of Joseph Lhota as member of the Board of
Trustees of the City University of New York.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: All
opposed, nay.
(No response.)
ACTING PRESIDENT McGEE: Joseph
Lhota is hereby appointed as a member of the
Board of Trustees of the City University of
New York.
(Applause.)
6906
ACTING PRESIDENT McGEE: May we
add our best wishes and congratulations to
you.
The Secretary will read.
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
Robert Harding, Esquire, of Riverdale.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Thank you,
Madam President.
The other fine appointment of the
Mayor here today is a stranger to none of us.
And it is a pleasure for me to
yield to the Senator from Brunswick.
SENATOR BRUNO: Thank you very
much, Senator Stafford -
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: -- chair of
Finance, a very important and prestigious
committee in this Senate.
I want to stand and join with my
colleagues in welcoming the nomination of Bob
Harding to the MTA board. All of us know how
6907
important mass transit is in New York City,
throughout the Northeast. This is a very
important appointment. We applaud the Mayor
for sending Joseph Lhota and Bob Harding to us
to continue their public service.
Bob Harding is well prepared to
serve in this capacity, presently serving as a
deputy mayor, having been a budget director
himself in the City, having served here as the
general counsel and officer of the New York
State Science and Technology Foundation,
counsel to the Speaker in the Assembly. He is
a professor, visiting professor at Albany Law
School as well as Hudson Valley Community
College. He was in the private practice of
law for a number of years.
So we're very, very pleased that we
have as capable an individual as Bob Harding,
who will continue to be of service to the
public in this very important and meaningful
way.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Goodman.
SENATOR GOODMAN: Madam
6908
President, there has been some very intense
investigation of this nominee before
presenting him to this body. He was asked two
quiz questions. First of all, what is the
definition of a twack? A twack, as we all
know, is what a twain runs on. And he was
able to answer that instantaneously.
(Laughter.)
SENATOR GOODMAN: The other
question was, What is the significance of
certain railroad signal known as a clothespin?
A clothespin can be hung across a track to
warn of storm conditions in which there's a
washout on the line.
(Laughter.)
SENATOR GOODMAN: So with these
two things having been cleared, we now -- if
the Secretary would strike those, I would
appreciate it.
Quite earnestly, the reason I
indulge in such frivolity is that I'm being
called upon in four consecutive cases to orate
with all the passion at my disposal about the
virtues of these candidates. In this case, I
do so with complete sincerity.
6909
Bob Harding is a remarkably
talented individual, the son of a well-known
father. And the presumption might have been
earlier in his career that he was advancing as
a result of the reflected glory of his father,
but those of us who know Bob realize that, if
anything, his father's career has advanced in
the reflection of Bob's ability, which is
absolutely outstanding.
He's a brilliant lawyer, a superb
administrator, one who has taken on duties in
the city which range from various major
economic development projects to other matters
of operational significance in the city. He's
a pleasure to work with, a man of immense good
nature and good humor, and always one who can
be always relied upon to be responsive and
available for any discussion needed in
connection with legislation.
As we all recall, he was the city's
legislative representative to this body, a
responsibility he carried out with great
distinction.
Finally, let me just say that Bob
Harding faces a daunting task; namely, trying
6910
to determine how to obtain sufficient funding
for the Second Avenue Subway, for the feeder
line that will bring people in from Long
Island to the 42nd Street Station and
Grand Central. The overcrowding in both of
these systems is manifest. And the fact is
that there's a very severe shortage of funding
with which to achieve solutions to these
problems.
So this is perhaps the greatest
challenge which Bob Harding will ever have
faced in his public career. I look forward to
riding the Second Avenue Subway sometime
before the turn of the next century. And if
we are able to do that, it will be in no small
measure because Bob Harding was on the job and
it was being certain that no train should ever
run empty or in a situation where it could not
assist the beleaguered people who have to go
back and forth to work every day.
I warmly salute Bob and hope that
he will have good luck in the position to
which we'll appoint him this afternoon.
ACTING PRESIDENT McGEE: Senator
Padavan.
6911
SENATOR PADAVAN: Thank you,
Madam President.
I don't recall if the Majority
Leader pointed out that for many years Bob
Harding headed up the mayor's office here in
Albany. And that's when I really got to know
him. And he left an indelible impression. As
a matter of fact, I have a leather couch in
the adjoining office to mine that has an
impression that he left during the period of
time that he served in that capacity.
During the hearing or the meeting
of the Transportation Committee, chaired by
Senator Trunzo, on which I serve, and during
the Finance Committee meeting, a number of
you -- or some of you were there, many of you
were not, most of you were not -- asked some
very significant questions to the nominee.
The Second Avenue Subway, energy-efficient
buses, a variety of issues that are important
to the transit system not only in the City -
we even had a guest member there talking about
one of our other counties, asking questions.
The point I'd like to make is that
in each case, Bob Harding was able to give an
6912
answer that made sense, that demonstrated he'd
done his homework and that frankly he knows
what he's talking about.
And so the MTA, which for a variety
of reasons, not the least of which is the fact
that we're dealing with five-year plan that
has a big hole in it -- namely, the fact that
the bond issue did not pass -- will have some
very, very significant challenges.
And there's no doubt in my mind
that this nominee, again here at the good
judgment of the Mayor, who also recognizes a
problem there and wants one of his first-line
people involved in solving it, that that makes
a great deal of sense.
And so, Madam President, I am
pleased and honored to be a seconder of this
nomination.
ACTING PRESIDENT McGEE: Senator
Velella.
SENATOR VELELLA: Thank you,
Madam President.
I rise again to praise the laurels
of another fellow Bronxite, Bob Harding, who
lives in the Riverdale community just a few
6913
blocks out of the line of my district.
And based upon his politics, and
that of his family, I've asked Senator Skelos
to keep him on that side of the line of my
district so that we will be able to enjoy for
a long time to come our friendship and his
service to the City and to the people of this
state.
I am sure he will do a great job
with the MTA.
ACTING PRESIDENT McGEE: Senator
Lachman.
SENATOR LACHMAN: Yes, I rise
also to second the nomination of an
outstanding person, Robert Harding.
Bob arrived at Albany about the
same time I did, in different positions, and I
learned a great deal about politics from him,
especially New York City politics and state
politics.
Bob Harding is a very gifted
person. He was then, he is today, and I'm
sure he'll be tomorrow. But he is going into
the eye of the whirlwind. Anyone who takes a
position on the Metropolitan Transit Authority
6914
is going into the eye of the whirlwind.
And why do I say that? Some of the
people have already discussed some of the
problems. The capital budget has to be
reviewed. Even if the bond act had been
passed, the capital budget has to be reviewed.
We have today between -- in New
York City alone, a ridership of 2,200,000,000
riders. With Metro North and with the Long
Island Railroad, you have 800 million more,
for a total of 3 billion people a year. And
we need more cars on our trains. And we need
more service and better service. How does one
do this with the limitations on the capital
monies coming in, which will have to be
reviewed?
But let me just bring up, since
some of our colleagues have mentioned
individual areas, an area which I will call
the alphabet soup of the New Deal. You know,
Franklin Delano Roosevelt created the NRA and
he created the TWA and he created the WPA, in
many ways rescuing us from the Depression. I
hope, Bob, that you will be able to tackle
some of the alphabets that are now causing
6915
problems in the City of New York as a result
of the restructuring of the Manhattan Bridge.
The B train is being eliminated.
The D train is being eliminated. The Q train
becomes QA and QB. There's a new W train,
there's a new V train. There will be many
people who will not be able to get on the 6th
Avenue line into Manhattan where they work,
coming in from Brooklyn or Queens where they
live. Especially a population that doesn't
vote as much now as it will tomorrow, the
Chinese-American immigrant population.
And I know there are many, many
other issues of great concern to Mr. Harding.
And the Manhattan Beach reconstruction is not
the problem of this Mayor or this Governor.
It was announced in 1986 with a different
mayor and a different governor.
And I would hope -- and when the
Senate Democrats from Brooklyn had a hearing
last week in Brooklyn relating to the changes
on the Manhattan Bridge due to reconstruction.
President Larry Reuter of MTA New York Transit
Authority was there, and he is going to review
the possibility of the M train being used all
6916
day long rather than just during rush hours to
alleviate the problems on the B train and the
D train and the Q trains, et cetera.
Bob, I really commend you for
accepting this position. It won't be easy in
the eye of the whirlwind. But if anyone can
get through this hurricane and create a better
society through the interconnecting means of
reaching various parts of the city, it will be
you.
Congratulations and good luck.
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, I too rise to second the nomination
of Mr. Harding. I was going to second the
nomination of Mr. Lhota, but I figured I'd do
both in one brief comment on this one.
And although it was mentioned
earlier that both of them answered all the
questions, as different as they were in the
Finance Committee, the one question I don't
think either of them could answer, and none of
us could figure out, is both their nominations
made Senator Padavan smile. And if I were
6917
them, I'd worry about that, it would be a
major concern to me -- much smaller than any
of the problems they'll face in their new
jobs.
But I think they're both very
qualified and will do a great job, and I
second the nomination of Mr. Harding.
Thank you.
ACTING PRESIDENT McGEE: Senator
Onorato.
SENATOR ONORATO: Madam
President, I join my colleagues in
congratulating the Governor and the Mayer for
presenting both these wonderful nominees.
I've had the pleasure of working
with Bob Harding. He's always been very, very
responsive to my needs.
And going over the resume of Joe
Lhota, I know Councilman Vallone has always
spoken very highly of him and his
capabilities. So I congratulate him.
And I would also appreciate if the
stenographer could give me a transcript of
what Senator Goodman said, because I lost him
on the twacks.
6918
(Laughter.)
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Thank you,
Madam President.
When I was first appointed by
Senator Connor to lead the floor for the
Minority, it was around the time that
Mr. Harding was the Mayor's liaison. And he
was of extreme assistance to me, who didn't
have the slightest idea what was going on in
here or anywhere else.
And as he has succeeded to be the
Mayor's deputy, every time we've had a problem
and we have called him, we have gotten a
response. And I don't think there's any
higher compliment in government that you can
give to a person of those means.
Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wish to speak on the
confirmation?
Senator Marchi.
SENATOR MARCHI: Madam President,
you can see the sincerity and the enthusiasm
6919
by which this nominee has been endorsed by
speaker after speaker.
I'm probably the only person in
this chamber or in this building that worked
on the origination and the formulation of the
MTA.
(Laughter.)
SENATOR MARCHI: And before that.
But I remember at the close of the
'60s, transportation was not a -- it was
compartmented. You had ferries and you had
railroads, you had airports. But there was no
conceptual overview of the movement, the
philosophy and the planning for the movement
of people and for commerce and for all of the
diverse purposes until about the end of the
'60s.
And then we started to see the
transportation entities arise, and then the
larger view, the larger perspective that it
was all part of something that you had to
conceptualize in terms of the needs of people,
and then the implementation takes place within
the various agencies that we knew only as
separate but autonomous agencies.
6920
I had the pleasure of knowing at
least two of the predecessors of our future
nominee when he is confirmed. And they were
fine. I'm sure that he's going to fulfill the
promise held out by so many speakers in his
service.
Many of us have had the opportunity
of interacting with him when he was a
go-between for legislation. And he always
evidenced a profound wisdom in furthering or
urging serious consideration of various
measures.
So that I think we're -- I believe
I may have put it, at another point, as an
embarrassment of riches today, because we do
have excellent nominees, Madam President. And
I'm very, very delighted that I have the
opportunity of endorsing an old friend and one
who certainly will hold our trust and
confidence in him as a goad and a stir and a
propulsive force in rendering exemplary
service to the people of the area.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the
confirmation?
6921
The question is on the confirmation
of Robert Harding as a member of the
Metropolitan Transportation Authority. All in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Robert
Harding is hereby confirmed as a member of the
Metropolitan Transportation Authority.
(Applause.)
ACTING PRESIDENT McGEE:
Congratulations and best wishes.
The Secretary will read.
THE SECRETARY: As Superintendent
of Insurance, Gregory V. Serio, Esquire, of
Latham.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Thank you,
Madam President.
For the fourth excellent nominee
today -- this nominee from the Governor -
it's a pleasure to yield to Senator Bruno.
6922
SENATOR BRUNO: Thank you very
much, Senator Stafford.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: And it is a
pleasure for me, Madam President and
colleagues, to stand in support of our Deputy
Superintendent of Insurance and welcome him
back to this chamber.
Greg Serio served in the Senate in
many very important positions, more than I
will take time to relate. But he has been
serving in the Insurance Department as
counsel, first deputy, acting superintendent,
first deputy again, and now acting
superintendent. Highly qualified, extensive
background, couldn't be a better choice that
the Governor could send us to serve in this
capacity.
I believe the last exposure that he
had here in the Senate was as counsel to the
very accomplished chair of the Insurance
Committee, Senator Velella. And I will now
defer to him to continue this discussion about
this highly qualified candidate.
6923
Senator Velella.
ACTING PRESIDENT McGEE: Senator
Velella.
SENATOR VELELLA: Thank you,
Senator Bruno. Having tried to sabotage the
nomination by talking about his past history
with me, I think I'll have to try and recoup
on that.
Greg had a great deal of experience
in the Senate, not only working with me for
six years as counsel to the Insurance
Committee, but also to a prior member of the
Senate and former chairman of the Insurance
Committee, Senator Dunne, where he worked for
six years, and has learned a great deal about
the insurance business right here in the
Senate.
His experience both in the Senate
for 12 years and in the department for seven
years bring a blend of a regulator with
experience, but someone who has had the
constituent consumer service that was required
as a counsel to the committee, as a counsel to
a member, who handled many of the problems
that individuals brought to us as chairmen of
6924
the committee that had problems with insurance
companies, our constituents. He knows that
side of it as well as the regulatory side.
And that blend of experience has
served him well as he's worked in the
Insurance Department. And I think I can
clearly say that nobody has ever been
nominated for this position who comes to this
position with a better understanding of the
law or more experience in a hands-on way with
the effects that companies have on the
everyday lives of people than Greg Serio.
Certainly we're going to be facing,
in the next several months and probably for
the next year or two, some very, very serious
issues in the insurance industry. He has the
ability, the knowledge, and the common sense
to deal with those effectively.
I predict that he will be one of
the banner superintendents of insurance in
this state, and I proudly second his
nomination.
ACTING PRESIDENT McGEE: Senator
Seward.
SENATOR SEWARD: Thank you, Madam
6925
President, my colleagues.
I'm very pleased today, as the
current chairman of the Insurance Committee,
to stand in full support of Greg Serio to be
our next Superintendent of Insurance.
And I can report to this body that
last week when the Insurance Committee
considered Mr. Serio's nomination, and after a
great deal of discussion, he was both
unanimously and with bipartisan support
received the full support of the committee.
And I think that's a tribute to the
qualifications of our nominee. And of course
the same occurred today in the Finance
Committee as well.
And I just want to commend and
congratulate the Governor for making this
nomination. I think it's a testimony once
again to the Governor's commitment to
excellence in his agency heads, as well as
recognizing the importance of putting a steady
and proven hand at the helm of a very, very
important agency, particularly as it relates
to our very significant and large financial
services and insurance industry in New York
6926
State.
You know, if you take a look at the
insurance industry as a whole, tremendous
impact on the economic-development future of
our state. Thousands and thousands of
New Yorkers are employed one way or another in
this overall industry. That's certainly
important to our state and the people of our
state.
And, of course, insurance, as has
been mentioned by my colleagues, impacts the
everyday lives of every single New Yorker,
whether it be auto insurance, health
insurance, life insurance, property and
casualty. The list goes on.
And it's very, very important to
the everyday lives of New Yorkers that we have
someone at the head of the Insurance
Department that can balance the interests of
the companies that do business here but also
the consumers, insurance consumers of our
state.
And I think it goes without saying
that our nominee today I think is the most
qualified individual to head this important
6927
department, particularly when there are many
challenges to be faced in this day and age.
I think Greg Serio is the right
person at the right time to head this
department. In the years he's served with the
department, he's gained a wealth of knowledge,
experience, and wisdom. And now as the
superintendent himself, he'll have the
opportunity to put that knowledge and wisdom
to work on behalf of the people of our state.
Now, in my dealings with Greg Serio
I've always found him to be knowledgeable of
the issues, very sensitive to the needs of the
people of our state, and very willing to hear
all points of view on any given issue. His
background with the Senate, both with Senator
Dunne and with Senator Velella, obviously has
given him a keen understanding of our process
here.
And I think that that's also going
to serve the department and the people of our
state in very good standing, because of the
fact we'll be working together to shepherd
legislative proposals through this Legislature
on behalf of the people of our state.
6928
So I, Madam Chairman, stand to
offer my support and congratulations to Greg
Serio. I very much look forward to continuing
to work with him on behalf of the people of
our state as we face so many challenges in the
insurance area in the years to come.
Congratulations, Greg.
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: Madam
President, I rise enthusiastically to support
this appointment.
Superintendent of Insurance Gregory
Serio. That has a wonderful ring to it. I
met Greg 16 years ago, in a much different
time and place, prior to marriage, prior to
any certainty about what our careers would
wind up being.
Both our careers were launched by
Senator John Dunne, who sits here today with
enormous pride not only in this nominee but
also in the knowledge that Commissioner of the
Department of Motor Vehicles Ray Martinez also
came from John Dunne's shop. He did some
pretty good recruiting back then.
6929
John Dunne instilled in the both of
us a sense of pride in the work of government
and a fidelity to the people we serve and an
appreciation that the language of a bill is
not just words on page but rather the rules of
our society and should be treated as such.
This is also an important
expression of public policy on behalf of the
Governor. With a high-profile position such
as yours, Greg, the temptation might have been
to go outside of government, to pick somebody
perhaps from another state who might have a
bigger name. Instead, the Governor decided to
go through the chairs, as you have, and choose
somebody who has been one of us and has worked
with one of us.
You've had the aspirations and the
dreams, the failures, the regrets that all of
us have had, and yet you stuck to it, you
stuck with it. You could have left a lot of
times; you did not. Today is your ascension.
And of course with every ascension in life
there's the good and the bad. With the power
and the prestige comes the responsibility.
The challenges you are going to
6930
face in the next six months are going to be
enormous. Seniors who don't know, sometimes,
whether or not they should pay for groceries
or for prescriptions. Individuals in the
state who wonder whether or not they're going
to be able to afford to drive a car with the
insurance costs.
These are your unique challenges,
your unique responsibilities. But I can think
of no one in my career in this government who
is better suited by temperament, better
trained by experience, and better motivated by
heart than Gregory V. Serio to resolve these
issues to the benefit of the people of this
great state.
Congratulations, Greg. Godspeed.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Thank you, Madam
President. I'm delighted to join my
colleagues in seconding the nomination of Greg
Serio as Superintendent of Insurance.
And I was so impressed by Senator
Velella's comments. Our Majority Leader
reminded me that he's been practicing for six
6931
years, for this day, that speech.
(Laughter.)
SENATOR SKELOS: But, Guy, you
did a good job.
And I know John Dunne is in the
back. You did a great job.
I just want to acknowledge the fact
that his wife, Linda, is here, her parents are
here, and also Greg's mom and perhaps other
family members.
I know that, Mrs. Serio, you are
very, very proud today. You reside in my
district. Greg grew up in my district. So I
guess I can share some of the credit by the
fact that you come from the 9th Senatorial
District, as does Ray Martinez also. And so
they are well-grounded individuals and well
prepared for the tasks ahead of them.
But, Mrs. Serio, I know how proud
you are. You are a loving mother of a number
of children. You work in a dedicated way for
the senior citizens of the town of Hempstead,
where there are so many wonderful programs.
We all know Greg is going to do a great job,
and the foundation has been established by
6932
you.
And so we congratulate both of you,
both you and your mom. Congratulations, Greg.
ACTING PRESIDENT McGEE: Senator
Goodman.
SENATOR GOODMAN: Madam
President, if we stop for a moment and think
about this, there's probably no job in the
state of New York that is more important in
cushioning people against adversity than that
of insurance commissioner.
If you think for a moment of the
catastrophe that can hit a family if, for the
sake of argument, there's a fatal illness or a
very severe illness which is of long duration,
if your car is in a severe crash and people
may have been injured in that accident, if you
have a situation in which you've been robbed
and your home has been invaded by a thief who
takes off with valuable property -- in all
these instances you turn to your insurance
policies to protect you and shield you against
this potential disaster which occurs.
If we do not have a good, vigilant
Insurance Superintendent and an insurance
6933
individual of great skill and capacity, we'll
be in deep trouble, obviously. So knowing
that that is the fact, I think Greg Serio is a
dynamo. I think of him as kind of a coiled
spring ready to leap into action at any moment
when things get messed up in the insurance
field.
And he's a person of tremendous
ability. His mother must be very proud indeed
to have a son of such energy and dynamism.
And I can only say that we wish you well,
Greg, because you really are a man who stands
between an individual and potential disaster.
Keep up the great work. I think
we'll all sleep a little better at night
knowing that as someone enters our house while
we sleep to steal the family's crown jewels,
you will protect us if they should disappear.
Similarly, if one of our kids crashes a car
coming home and drives through the closed
garage door, you will be there. And in the
event that we should have too much to consume
at a party and develop gastritis of long
duration, you will be there to help us with
our health insurance to solve that problem.
6934
So keep up the great work. We'll
all be the better for it.
Thank you.
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President.
I too want to rise and join my
colleagues in seconding this nomination of
Greg Serio. It's an excellent nomination by
Governor Pataki.
Quite frankly, for the past several
years in my office when we get a constituent
complaint or concern about insurance, be it
automobile, health insurance or whatever, Greg
Serio has been the go-to guy in the Insurance
Department. He, along with his staff, have
done an excellent job. And it's great to see
someone who has worked his way up through the
ranks.
I'm sure that your family is
rightfully and justifiably very proud of you,
Greg, and I just want to congratulate you and
the great staff that you have working with you
in the Insurance Department. They do a great
6935
job for all of us as members of this body.
Thank you. Thank you, Madam
President.
ACTING PRESIDENT McGEE: Senator
Leibell.
SENATOR LEIBELL: Thank you,
Madam President.
And it's been said earlier by
Senator Velella that it would be a long time
before we'll see anyone come in for an
appointment with better credentials than Greg
Serio has for this.
I have known Greg Serio over the
course of many, many years in the Legislature,
and personally. I served for almost a decade
as the ranking Minority member in the other
house on the Insurance Committee. He has a
tremendous knowledge of insurance, the law,
the industry. He brings to an area that is so
sensitive his great depth of knowledge.
I can tell you, I think all of our
residents of this state and all of my
constituents are immensely fortunate to have
this appointment today. And I congratulate
Governor Pataki for sending us this name. And
6936
I wish you well, Greg.
ACTING PRESIDENT McGEE: Senator
Larkin.
SENATOR LARKIN: Thank you, Madam
President. I rise to join my colleagues and
second the nomination of Greg Serio.
You know, Senator Velella had him
as a counsel, but we shared a conference room.
So I also called him my associate counsel for
insurance, because I've served on Insurance in
both houses for close to twenty years.
We talk about Greg in this house,
we talk about Greg in this chamber. But I am
the incoming president of the National
Conference of Insurance Legislators, and just
earlier this morning I received a call from
Texas, from your good friend David Counts, who
asked to be remembered and to thank you for
taking up the initiative in this seat.
We talk about insurance in the
State of New York and we talk about worrying
about our people here. But Greg's job is
going to be international, because insurance
out of the state of New York is an
international issue today. And we need
6937
somebody who's got the ability to work with
other people on a same-plane basis. Greg has
met with these people.
Last fall when we were -- a
delegation from the National Insurance were in
Europe, the first thing one of them asked us,
out of the Lloyds of London, "When will Greg
become the Superintendent of Insurance?" My
response was, "When you people move to New
York and convince the Governor it's time for
Greg to rise."
This is an individual who has not
shirked his responsibilities. There's nobody
in this state that's ever asked him to come
someplace. About two months ago he was in my
district, talking about the new health
insurance and how we should operate with it.
But the nicest thing that I
remember about Greg was Greg didn't take me,
me, me, I. Greg was always a team player. I
remember in Kingston when he said, "You know,
this is something that Senator Velella and I
tried to do three or four years ago." And
when he commented about Senator Dunne, he
said, "Senator John Dunne gave me the
6938
opportunity."
And Greg was always there. I
remember the time that Senator Velella dragged
him to the state of Utah in the winter when
Senator Velella said, "We came here, we're
going to speak, and we're leaving." And Greg
says, "Could we have coffee?" He said, "I
don't think they make my kind. This is Utah,
not New York."
But it was an issue that put
everybody in the National Association of
Insurance Commissioners on record that
New York was not going to be a whipping boy
and that we in this state had people who knew
the industry, not just in New York but
nationwide.
And I'm confident that what you're
going to do is make us even prouder. You've
been there for us, you've been there for our
people, you'll be there for everybody.
And I thank his mother for raising
a nice young boy.
ACTING PRESIDENT McGEE: Senator
Breslin.
SENATOR BRESLIN: Thank you,
6939
Madam President.
I've listened to the stories of
Greg Serio serving Senator John Dunne and
Senator Velella and Senator Leibell. I'm not
old enough to remember when that took place.
But I have, in my four years as the
ranking Democrat on Insurance, have had the
opportunity to interact with Greg Serio. And
let me tell you, the Governor has made one
wonderful choice.
He is by far the most accessible
agency person that I have dealt with. He's
bright, he knows the issues. And let me also
tell you that the issues during the next year
with property and casualty in New York City or
speed to market or privacy or some mandates
that we have under federal legislation, Greg
Serio knows those issues.
And I might also add that even
though Greg Serio was born and raised in
Senator Skelos's district, he now resides in
the 42nd Senate District, which is Albany. So
he did in fact see the light and he came to
the Gateway to the West to live and to work.
And I can't emphasize enough that
6940
Greg Serio will be viewed, as we look back, as
the finest insurance commissioner this state
will ever have.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Markowitz.
SENATOR MARKOWITZ: Thank you
very, very much.
First of all, I want to say hello
again to Senator Dunne, one of the most
elegant members of the Senate that ever graced
the Senate. It's always good to see you,
that's for sure.
Secondly, also to join in
commending the Governor on a wonderful
appointment.
But I have great hopes that this
wonderful appointment will mean that our new
superintendent will be historic in his
achievements. And during the committee
process, I raised the issue -- and I have to
raise it now. Because while we're talking
about his wonderful achievements and
achievements to come, I know that he can make
a name nationally by making sure that New York
6941
is not number one, meaning that we should
never be the highest rates of automobile
insurance in the nation. That should never be
a goal of New York State.
And, further, Brooklyn
unfortunately leads the pack in terms of the
rates of automobile that the motorists have to
pay.
And so one of the things I
mentioned in committee that I want to share
with everyone here in the chamber is that one
of the first objectives of our new
superintendent must be to find ways to roll
back, to lower the cost of automobile
insurance in the state and, in particular, in
our urban areas.
Now, I just want to share, if I
may, that a 20-year-old single male living in
Brooklyn and who is assigned to the assigned
risk part, is now paying approximately $3,136.
Imagine that for automobile insurance. And if
a 30 percent rate increase is expected this
year, that coverage will increase to $4,076.
Too many of our folks are being
assigned into high-risk pools. And what is
6942
happening is that automobile insurance is more
and more out of the reach of the average
Brooklynite and the average motorist in
New York. And so what happens increasingly is
that more and more motorists are buying their
cars and not renewing their insurance. And
that puts all of us in greater risk.
And so I want the new
Superintendent of Insurance to know that you
have the ability, you've got the genius, the
expertise, work. You've all come to this
moment now. And so we have great expectations
for you. And I for one believe that you will
make a significant contribution to ensuring
that all motorists in this state will never
lead the pack in the country in terms of
insurance fees and rates and that we'll be
successful in lowering the cost so that all
motorists will be able to afford car
insurance.
Thank you.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
6943
I rise to commend the Governor for
this appointment as well. I've certainly
known of Greg by reputation, and through
Senator Velella by association. And I'm going
to vote for him, Senator Velella.
And I think that the critical thing
for me is that whoever is going to be in
charge of probably the most influential
insurance department in the world, right here
in New York State, has to be someone who's got
familiarity with the issues, who knows the
public strategies in the sense of the impact
of rates on both providers of insurance and
those who are buying it. And I think Greg has
all those.
I also believe that he and I may
not agree on a whole bunch of issues with
respect to what the future of automobile
insurance is. We may not agree on how to try
to restrict and what excess profits would be
in the insurance industry, how you calculate
them. And we may not agree on a whole gamut
of issues that affect vital consumer issues in
this state.
But there is one thing that I
6944
absolutely insist on, and that is that if I'm
going to have an adversary, it has to be a
formidable one. It has to be someone who's
smart, someone who can communicate, someone
knows the issues well and can articulate them,
even if we don't necessarily see eye to eye.
And I won't predict, Mr.
Superintendent, that you and I will be on
opposite sides of the fence. But if we do, I
think that that reasonable and principled
discussion of different points of view is
what's critical to the democratic process.
And I certainly won't be afraid to air my
particular views, as I hope you will not be
afraid to air yours.
And what I hope happens is that out
of that kind of discussion, the same kind of
discussion that goes on in this chamber
occasionally -- and maybe, in my judgment,
should go on more frequently -- but
nonetheless, that discussion, open discussion,
with information and ideas and a realistic
sense of what goes on in the marketplace, that
together, both with your leadership and with
the approval of this body and the ongoing
6945
debate among its members both here and in the
Assembly and in the broader general public, we
will achieve the goal of using insurance for
what it's intended to be. And that is as a
way for everyone to minimize their risk of
living in this very complex society.
So I look forward to those days of
agreement and perhaps even disagreement. But,
Greg, you're certainly -- if I end up on the
other side, you're the kind of guy I'd want as
my opponent. And I say that with all due
respect and with sincerity. And I wish you
the best as you deal with this enormously
complicated, difficult, highly regulated
industry.
I agree with Senator Seward.
You're the right man for the job at the right
time. And Godspeed.
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, I too rise to second the
nomination.
I've known Greg for a long time,
both as a staff person and as a deputy
6946
commissioner. I've always found him easy to
work with. He's accessible. And even if he
doesn't agree with you, at least you get an
answer.
I think he's very capable. I think
he brings a lot to this position. I think the
Governor made an excellent selection. And I
think he'll be a great superintendent.
Thank you.
ACTING PRESIDENT McGEE: Senator
Onorato.
SENATOR ONORATO: I rise to join
my colleagues in seconding the nomination of
Greg Serio.
We had him in our committee. And
as a member of the Insurance Committee, I look
forward to working very closely with him. And
I don't want him as an opponent. I want him
on my side.
And I congratulate Senator Dunne
for weaning Mr. Serio. Martinez is now the -
I think the Commissioner of Motor Vehicles,
and he also tutelaged Mike Balboni. So two of
three successes isn't bad.
(Laughter.)
6947
SENATOR ONORATO: Again, I
congratulate you, and I look forward to
working very closely with you.
ACTING PRESIDENT McGEE: Senator
Libous.
SENATOR LIBOUS: Thank you, Madam
President. I don't want to have the
distinction of the only member in the chamber
not rising to second this nomination.
I too want to say that I have had
the pleasure of working with Greg and his
agency on a number of issues over the past few
years. Binghamton and the Southern Tier is
proud to house several major companies. And I
know that Greg's work with those companies,
along with the work of his department, has
helped them not only to insure the people of
New York State but also helped them to do
what's good for business and industry and
watch them grow and prosper so that this state
can continue its economic resurgence.
So like my colleagues, Madam
President, I too salute the Governor's
appointment. It is another outstanding
appointment that he sends us.
6948
ACTING PRESIDENT McGEE: Senator
Ada Smith.
SENATOR ADA SMITH: Thank you,
Madam President.
Ditto on all that's been said today
in reference to Mr. Serio.
ACTING PRESIDENT McGEE: Thank
you.
Is there any other Senator that
wishes to speak on the confirmation?
The question is on the confirmation
of Gregory Serio as Superintendent of
Insurance. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Gregory
Serio is hereby confirmed as Superintendent of
Insurance.
And joining the new Superintendent
of Insurance is Linda Serio, his wife.
(Applause.)
ACTING PRESIDENT McGEE: Also
6949
accompanying the new superintendent is his
mother, Jane Serio; his father and
mother-in-law, Robert and Lorraine Albrecht.
And our congratulations and best
wishes to you.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time recognize Senator
Montgomery.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, thank
you, Madam President. I would like unanimous
consent to be recorded in the negative on
Calendar Numbers 445 and 652.
ACTING PRESIDENT McGEE: So
noted. Without objection, so noted.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: Thank
you.
Senator Skelos.
SENATOR SKELOS: Madam President,
if you could return to motions and resolutions
and recognize Senator Dollinger for the motion
we've all been waiting for once again.
6950
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President. I know it seems like Yogi
Berra, it's deja vu all over again.
But I'd like to give notice,
pursuant to Rule XI, that I will move an
amendment to the Senate Rules, adding a new
rule, XV, to set ethical standards for
members, officers, and employees of the
Senate.
I would simply ask that that be
filed in the Journal as required, Madam
President. Thank you.
ACTING PRESIDENT McGEE: Received
and will be filed.
Senator Skelos.
SENATOR SKELOS: Madam President,
Senator Dollinger mentioned Yogi Berra. There
was also a movie "Groundhog Day." So it could
be perhaps related to that too.
(Laughter.)
ACTING PRESIDENT McGEE: Thank
you, Senator Skelos.
SENATOR SKELOS: But would you
6951
please recognize Senator Paterson.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, may I remind the members of the
Minority that following session there will be
an immediate meeting of the Minority,
immediate, in the Majority Conference Room,
Room 314.
ACTING PRESIDENT McGEE: As a
reminder, there's an immediate conference of
the Minority in the Minority Conference Room,
314.
Senator Skelos.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: I believe
there's a privileged resolution at the desk by
Senator Morahan. I ask that the title be read
and move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Morahan, legislative resolution honoring Inez
6952
Niblo upon the occasion of her designation for
special recognition by The Friends of Good
Counsel on May 11, 2001.
ACTING PRESIDENT McGEE: The
question is on the resolution. All those in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: All
those opposed, nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is carried.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
ACTING PRESIDENT McGEE: There is
no housekeeping at the desk.
SENATOR SKELOS: There being no
further business, I move we adjourn until
Monday, May 14th, at 3:00 p.m., intervening
days being legislative days.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Monday, May 14th, at 3:00 p.m., intervening
days being legislative days.
6953
(Whereupon, at 3:15 p.m., the
Senate adjourned.)