Regular Session - July 24, 2001
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THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
July 24, 2001
1:17 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order. I ask everybody to
take their place.
And may we please rise and repeat
with me the Pledge of Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, July 23, the Senate met pursuant to
adjournment. The Journal of Friday, July 20,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Velella.
SENATOR VELELLA: Mr. President,
may we please adopt the Resolution Calendar.
ACTING PRESIDENT MEIER: All
those in favor of adopting the Resolution
Calendar signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Velella.
SENATOR VELELLA: Mr. President,
may we call an immediate meeting of the
Finance Committee in the Senate Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
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the Majority Conference Room.
SENATOR VELELLA: And the Senate
will stand at ease pending the return of the
report.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Finance Committee.
(Whereupon, the Senate stood at
ease at 1:19 p.m.)
(Whereupon, the Senate reconvened
at 1:40 p.m.)
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Mr. President,
can we return to reports of standing
committees. I believe there's a Finance
Committee report at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 5710, by the Senate
Committee on Rules, an act making
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appropriations for the support of government;
and Senate Print 5711, by the Senate Committee
on Rules, an act to amend Chapter 20 of the
Laws of 2001.
Both bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Senator Velella.
SENATOR VELELLA: Mr. President,
may we take up Senate Bill 5710 at this time.
ACTING PRESIDENT MEIER: The
Secretary will read Senate 5710.
THE SECRETARY: Calendar Number
1406, by the Senate Committee on Rules, Senate
Print 5710, an act making appropriations for
the support of government.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Is there a
message of necessity and appropriation at the
desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
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SENATOR VELELLA: Move to accept
the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
appropriation and necessity signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
Read the last section.
THE SECRETARY: Section 27. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Velella.
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SENATOR VELELLA: Mr. President,
may we take up Senate Bill 5711, please.
ACTING PRESIDENT MEIER: Just one
moment.
Let's do this. Without objection,
we'll reopen the roll call on the previous
bill. Will the negatives please raise your
hand again.
THE SECRETARY: In relation to
Calendar Number 1406, those recorded in the
negative are Senators Connor, Dollinger,
Hassell-Thompson, Montgomery, Paterson,
Schneiderman, A. Smith, and Stavisky. Ayes,
42. Nays, 8.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1407, by the Senate Committee on Rules, Senate
Print 5711, an act to amend Chapter 20 of the
Laws of 2001.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Mr. President,
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is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR VELELLA: Move to accept
the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1407 are
Senators Dollinger, Hassell-Thompson,
Montgomery, Schneiderman, A. Smith, and
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Stavisky. Ayes, 44. Nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As a member of the Board of
Trustees of the State University of New York,
Nelson A. Rockefeller, Jr., of Tarrytown.
SENATOR VELELLA: Mr. President.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the nomination of Nelson A.
Rockefeller, Jr., as a member of the SUNY
Board of Trustees. All those in favor signify
by saying aye.
SENATOR LACHMAN: State
University of New York.
ACTING PRESIDENT MEIER: Senator
Lachman, are you asking to be recognized?
SENATOR LACHMAN: No. No. You
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said City University. It's State University.
ACTING PRESIDENT MEIER: The
question is on the nomination of Nelson A.
Rockefeller, Jr., as a member of the State
University of New York Board of Trustees. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Trustees of the State University
of New York, Daniel J. Hogarty, Jr., of Troy.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Yes, Mr.
President and colleagues.
I'm very pleased that the Governor
would submit to become a member of the Board
of Trustees at SUNY an individual that's a
good friend of mine, a good friend of the
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people in the Capital Region, and a good
friend of all of the people in New York State.
He is a businessman by background,
and he will bring an expertise to SUNY that
will build on all of the good things they do
on behalf of the people that go through that
system and being out there competing in the
world in our global economy. He will be a
tribute to the existing board, to the faculty,
the administration, and to the students, and a
tribute to this Senate as we confirm him, and
to the Governor for having submitted him.
Dan Hogarty has been active in the
Capital Region in New York State, I think in
something like 18 organizations -- charitable
organizations, business organizations,
academic, serving presently on the SUNY
Foundation Board. He has been honored and
recognized in a variety of ways by
organizations like the University at Albany,
receiving their most prestigious award; the
Jewish National Fund, Catholic Central High
School, the Capital District Business Review,
the Arthritis Foundation, and the list goes on
and on.
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Dan will be a tremendous addition
to the SUNY board, and we're fortunate to have
his skills and his experience. Dan is with us
today, and I'd like to recognize him and thank
him for all of his efforts and wish him the
very best as he goes forward, working on
behalf of this constituency in this area and
the constituency in New York State.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you, Mr.
President. I also rise to second the
nomination of Dan Hogarty, who is truly a
community treasure in this Capital District.
Dan Hogarty, who I've known for
many years, is an example of a bank CEO, Troy
Savings Bank, which he has really brought to
the forefront, served on the State Banking
Board, appointed by other governors. Dan
Hogarty is truly a success story and somebody
that has really made a difference for his
community.
I concur in everything that Senator
Bruno said, but let me just say we're so
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fortunate to have somebody that is willing to
serve the State University of New York, which
I have a great affection for, having worked
there for 35 years.
And I am grateful for all that Dan
has done, not only for the Capital District,
but it's very exciting to see that he's going
to be a trustee for the State University,
which is truly a treasure, again, for our
state.
And, Dan, we're grateful for your
service, and thank you so much for all that
you've done, not only for our community here
but for New York State.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Thank you, Mr.
President. I also rise to echo the remarks of
the Majority Leader, Senator Bruno, and
Senator Farley.
I've known Dan Hogarty for over 40
years, as a friend and as someone who played
sports at a young age, to someone who now is
so involved in our community in so many
different and varied ways, as a banker, being
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named Executive of the Year, his involvement
with educational institutions -- the Maria
College Board, La Salle School for Boys,
Hudson Valley, the State University
Foundation, and it does go on and on and on.
And if there's anything important
on a voluntary basis that helps the Capital
District, Dan Hogarty is involved. And
although he lives in Senator Bruno's district
now, he was born and raised in Albany, and
he's really, truly a son of the Capital
District.
Thank you very much, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the nomination of Daniel J.
Hogarty, Jr., as a member of the Board of
Trustees of the State University of New York.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Mr. Hogarty is with us today,
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sitting in the gallery. Mr. Hogarty, we wish
you well with your important duties, and
congratulations.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the Niagara Frontier Transportation Authority,
Mary S. Martino, of Buffalo.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Mr. President,
move the nomination.
ACTING PRESIDENT MEIER: The
question is on the nomination of Mary S.
Martino as a member of the Niagara Frontier
Transportation Authority. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will read.
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THE SECRETARY: As a member of
the Small Business Advisory Board, Kevin M.
O'Bryan, of Troy.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Mr. President,
move the nomination.
ACTING PRESIDENT MEIER: The
question is on the nomination of Kevin M.
O'Bryan as a member of the Small Business
Advisory Board. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Genesee State Park, Recreation and
Historic Preservation Commission, Howard W.
Payne, of Arcade.
ACTING PRESIDENT MEIER: Senator
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Bruno.
SENATOR BRUNO: Move the
nomination, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the nomination of Howard W.
Payne as a member of the Genesee State Park,
Recreation and Historic Preservation
Commission. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Senator Brown, why do you rise?
SENATOR BROWN: Thank you, Mr.
President.
I'd like to request unanimous
consent to be recorded in the negative on
Calendar 1406.
ACTING PRESIDENT MEIER: Without
objection, Senator Brown will be recorded in
the negative on Calendar 1406.
Senator Bruno.
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SENATOR BRUNO: Mr. President,
given the fact that we are trying to work some
things out for our agenda here today, I'm
going to suggest that we recess this session
until 4:30.
And I'm going to ask the Republican
members of the Senate to conference with me at
4:00 o'clock in our conference room.
And by way of information, we're
trying to avoid having to be in and out of
session here this week and next week if we can
get some of the things done later this
afternoon that we're required to get done by
next week. If we can do it, I think it would
be better government for the people of this
state. And if we can't, then we will announce
that and we'll be back here early next week.
Recess until 4:30. Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Brown, why do you rise?
SENATOR BROWN: Thank you, Mr.
President.
I just would also like to request
unanimous consent to be recorded in the
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negative on Calendar 1407.
ACTING PRESIDENT MEIER: Without
objection, Senator Brown will be recorded in
the negative on Calendar 1407.
SENATOR BROWN: Thank you.
ACTING PRESIDENT MEIER: The
Senate will recess and reconvene at 4:30.
Majority conference at 4:00 p.m.
(Whereupon, the Senate recessed at
2:00 p.m.)
(Whereupon, the Senate reconvened
at 4:54 p.m.)
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Mr. President,
I move that the house stand in recess until
7:00 p.m. tonight.
ACTING PRESIDENT MEIER: The
Senate will stand in recess until 7:00 p.m.
(Whereupon, the Senate recessed at
4:55 p.m.)
(Whereupon, the Senate reconvened
at 8:30 p.m.)
SENATOR BRUNO: Mr. President.
ACTING PRESIDENT FUSCHILLO:
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Senator Bruno.
Can we have some quiet in the
chambers, please.
SENATOR BRUNO: Thank you, Mr.
President.
Mr. President, can we ask for an
immediate meeting of the Finance Committee in
Room 2 -- 332.
ACTING PRESIDENT FUSCHILLO:
There will be an immediate meeting of the
Finance Committee wherever he wants to have
it.
(Laughter.)
ACTING PRESIDENT FUSCHILLO:
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time return to the reports of
standing committees.
I believe there's a report of the
Finance Committee at the desk, and I ask that
it be read at this time.
ACTING PRESIDENT FUSCHILLO:
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
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from the Committee on Finance, reports the
following bills:
Senate Print 5712, by the Senate
Committee on Rules, an act making
appropriations for the support of government;
and Senate Print 5713, by the Senate Committee
on Rules, an act to amend a chapter of the
Laws of 2001.
Both bills ordered direct to third
reading.
ACTING PRESIDENT FUSCHILLO:
Without objection, the bills are ordered
direct to third reading.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
5712.
ACTING PRESIDENT FUSCHILLO: The
Secretary will read.
THE SECRETARY: Calendar Number
1408, by the Senate Committee on Rules, Senate
Print 5712, an act making appropriations for
the support of government.
SENATOR BRUNO: Is there a
message of necessity and appropriation at the
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desk?
ACTING PRESIDENT FUSCHILLO: Yes,
Senator Bruno, there is.
SENATOR BRUNO: Move we accept
the message of necessity and appropriation.
ACTING PRESIDENT FUSCHILLO: All
in favor of accepting the message of necessity
and appropriation signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FUSCHILLO:
Opposed, nay.
(No response.)
ACTING PRESIDENT FUSCHILLO: The
ayes have it.
The Secretary will read the last
section.
THE SECRETARY: Section 11. This
act shall take effect on the same date as a
chapter of the Laws of 2001.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator A. Smith recorded in the negative.
ACTING PRESIDENT FUSCHILLO: The
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bill is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
S5713.
ACTING PRESIDENT FUSCHILLO: The
Secretary will read.
THE SECRETARY: Calendar Number
1409, by the Senate Committee on Rules, Senate
Print 5713, an act to amend a chapter of the
Laws of 2001.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT FUSCHILLO: Yes,
Senator Bruno, there is.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT FUSCHILLO: All
in favor of accepting the message of necessity
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FUSCHILLO:
Opposed, nay.
(No response.)
ACTING PRESIDENT FUSCHILLO: The
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message is accepted.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the same date.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President, is
there any housekeeping left to be done at the
desk?
ACTING PRESIDENT FUSCHILLO: Yes,
there is.
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Maltese, I
wish to call up Assembly Bill Number 8463,
which is now at the desk.
ACTING PRESIDENT FUSCHILLO: The
Secretary will read.
THE SECRETARY: Calendar Number
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699, by the Assembly Committee on Rules,
Assembly Print 8463, an act to amend the
Election Law.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT FUSCHILLO: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
SENATOR MEIER: I now move to
commit the bill to the Rules Committee.
ACTING PRESIDENT FUSCHILLO: So
ordered.
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Maltese, I
wish to call up Assembly Bill Number 6958A,
which is now at the desk.
ACTING PRESIDENT FUSCHILLO: The
Secretary will read.
THE SECRETARY: Calendar Number
179, by Member of the Assembly Sidikman,
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Assembly Print Number 6958A, an act to amend
the Election Law.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT FUSCHILLO: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
SENATOR MEIER: Mr. President, I
now move to commit the bill to the Committee
on Rules.
ACTING PRESIDENT FUSCHILLO: So
ordered.
Senator Bruno, that completes the
housekeeping.
SENATOR BRUNO: Thank you, Mr.
President.
I want to thank the members that
are here for your patience, your stamina,
endurance, understanding, and all your good
work.
And there being no further business
to come before the Senate, I would move that
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we stand adjourned, subject to the call of the
Majority Leader, and that intervening days be
legislative days.
ACTING PRESIDENT FUSCHILLO: On
motion, the Senate stands adjourned until the
call of the Majority Leader, intervening days
being legislative days.
(Whereupon, at 8:45 p.m., the
Senate adjourned.)