Regular Session - October 15, 2001
11454
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
October 15, 2001
3:26 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
11455
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
Will everyone present 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: The
invocation will be offered by the Reverend
Peter G. Young.
REVEREND YOUNG: Thank you,
Senator.
Let us pray. Dear God, as we
gather to consider the challenging leadership
imposed on our Senators today by the
consequences of the Ground Zero attack, we
call upon Your wisdom, Your guidance and
blessings to these legislators and to the
efforts to assist them and all of our New York
State citizens. Rebuilding from the ashes
will be best accomplished by a united effort
of all of our citizens.
May our prayers be heard today by
You, O God, for Your special compassion for
11456
those who suffer most with the loss of their
loved ones. But Your encouragement is needed
to show the effectiveness of our government
and our ability to pull together to respond to
the recovery of our spirit of pride, of being
a New York State American.
We ask You to bless this now and
forever. Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Sunday, October 14, the Senate met pursuant to
adjournment. The Journal of Saturday,
October 13, 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.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
11457
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President,
at this time if we could adopt the Resolution
Calendar, with the exception of Resolution
3252.
ACTING PRESIDENT MEIER: The
question is on the adoption of the Resolution
Calendar, with the exception of Resolution
3252. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar, with exception, is
adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there are a number of committee meetings that
we're going to have to call. So at this time
there will be an immediate meeting of the
Judiciary Committee in the Majority Conference
Room.
And the Senate will stand at ease.
11458
ACTING PRESIDENT MEIER:
Immediate meeting of the Judiciary Committee
in the Majority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:30 p.m.)
(Whereupon, the Senate reconvened
at 3:47 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could go back to motions and
resolutions, I believe there are two
privileged resolutions at the desk by Senator
Goodman. I ask that the titles be read and
move for their immediate adoption.
ACTING PRESIDENT MEIER: Motions
and resolutions.
The Secretary will read the titles.
THE SECRETARY: By Senator
Goodman, Legislative Resolution Number 3312,
mourning the death of Lewis Rudin,
distinguished citizen and devoted member of
his community.
ACTING PRESIDENT MEIER: Senator
11459
Goodman.
SENATOR GOODMAN: Mr. President,
it's not my normal habit to speak in regard to
these resolutions, but today I would like to
make an exception, with your gracious
indulgence, for just a moment, in regard to
the two that you have before you.
Lewis Rudin was an extraordinary
New Yorker, a man of immense personal charm
and capacity. I don't think there was ever an
occasion in which anyone asked him to do
something for the City of New York in which he
declined to do so.
He was an enormously successful
realtor, an owner of many major buildings in
New York City, but even more significant, he
was a philanthropist of a high order and a
real humanitarian. I nicknamed him the
"Honorary Mayor of the City of New York"
because there was hardly ever an occasion
which I attended at which Lew Rudin was not
also there to give his support to many worthy
causes.
He was an outstanding individual of
great warmth and humanitarian instincts, a
11460
person who will be sorely missed in New York.
And it's with a great feeling of personal loss
that I stand today to salute him and ask the
house to pass this resolution unanimously.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
The Secretary will read.
THE SECRETARY: By Senator
Goodman, Legislative Resolution Number 3313,
mourning the death of Isaac Stern,
distinguished citizen and devoted member of
his community.
ACTING PRESIDENT MEIER: Senator
Goodman.
SENATOR GOODMAN: Mr. President,
the name "Isaac Stern" I'm sure is familiar to
virtually every member of this house. He was
11461
a distinguished violinist of a high order, an
individual whose musical talent alone would
have been enough to cause us to salute him.
But above and beyond this, he was a
man of amazing characteristics whose personal
dedication saved Carnegie Hall from the
wrecker's ball many years ago and who was
president of Carnegie Hall over several
decades, was good enough to provide it with
the type of leadership which makes it a
preeminent institution in the world of music
today.
Isaac Stern was a marvelously warm
human being, well known for his interest in
training young musicians. As a mentor and
dear friend to many, he was also well known
and famous for his trip to China, where he
worked with youngsters throughout China and
gained great goodwill for the United States of
America by virtue of his mentoring of those
young musicians in China itself.
I knew him as a personal friend
over 40 years during the time which I served
on the board of Carnegie Hall. And I can only
say that his departure leaves a tremendous
11462
gap, both emotionally and in terms of the
leadership which he was good enough to provide
throughout a long and productive life.
I called him "Supermensch." He was
a remarkably fine person, much beloved by all
who came into contact with him. I salute him
most warmly and shall always carry him in my
recollection with the highest esteem and
regard and affection.
Thank you, sir.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
I move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
11463
the enacting clause: Senate Number 5505.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Labor Committee in
the Majority Conference Room.
And we'll stand at ease.
ACTING PRESIDENT MEIER:
Immediate meeting of the Labor Committee in
the Majority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:51 p.m.)
(Whereupon, the Senate stood at
ease at 3:55 p.m.)
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Judiciary Committee at the desk.
I ask that it be read at this time.
ACTING PRESIDENT MEIER: Reports
11464
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nomination.
As a justice of the Supreme Court
of the Second Judicial District, Robert J.
Collini, of Staten Island.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise to move the nomination of
Robert J. Collini, of Staten Island, as a
justice of the Supreme Court for the Second
Judicial District.
We received the nomination from the
Governor. The staff of the committee has
examined the credentials of the candidate, and
they were found perfectly in order. He
appeared before the full committee earlier
this afternoon, was unanimously moved from the
committee to the floor.
And it is with great pleasure that
I yield for purposes of a second to Senator
11465
Marchi.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: I'm very
pleased, Mr. President, to encourage a
unanimous response of this distinguished body
to this candidacy.
I know Mr. Collini -- Judge Collini
it will be very shortly, I trust. And given
his background, I believe that he is going to
make a distinctive contribution to the
deliberations of the Supreme Court.
He has a wonderful academic
background: a Phi Beta Kappa student, moved
on to various administrative and other
responsibilities and responsibilities in the
profession with great distinction and with
great effectiveness.
And he also found time to be active
in the State Guard and to be a member and to
attend the War College. Having attended the
Naval College, I know that that is a very
distinctive body, and it's another aspect of
the multifaceted contributions that he brings
to the office.
11466
So I encourage you, the record is
ample and full, both professionally, social
involvement, and great sensitivity to the
requirements that are placed on a Supreme
Court judge.
So I'm very pleased. I believe I
also have another -- I believe Senator
Gentile, since he also comes from, knows the
area very well, would probably like to say
something. So if there's no objection.
ACTING PRESIDENT MEIER: Senator
Gentile.
SENATOR GENTILE: Yes, thank you,
Mr. President.
I too want to add my voice to that
of Senator Marchi's in congratulating the
Governor for nominating Robert Collini.
You hope that in nominating someone
to the bench you'd find someone who reflects
the values and the social and civic
involvement in the area in which he will
serve. Robert Collini does that to the T.
He has certainly been active in the
judicial district in which he will serve,
having both in the Brooklyn end of the
11467
district and the Staten Island end of the
district. His family, his parents still live
in my portion of the district in Bay Ridge,
Brooklyn. And certainly he has been active
with his family in Staten Island.
In the Bar Association, he served
on both the homicide ATB panel and the ATB
felony panel, panels which are getting harder
and harder for attorneys to serve.
So certainly I believe that
Mr. Collini has shown a commitment to the
people of the judicial district both in word
and deed. So he will be a tremendous asset to
our Supreme Court bench.
So certainly I want to commend the
Governor and add my voice to that of Senator
Lack and Senator Marchi in seconding this
nomination.
ACTING PRESIDENT MEIER: Any
other member wish to be heard?
The question is on the nomination
of Robert J. Collini as a justice of the
Supreme Court of the Second Judicial District.
All those in favor signify by saying aye.
(Response of "Aye.")
11468
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is unanimously confirmed.
Judge Collini is with us in the
gallery today. He is joined by his wife, Ann;
by his daughter, Victoria; by his parents, Dr.
and Mrs. Francis Collini, and by his brothers,
John and Joseph Collini.
Justice Collini, congratulations
and good wishes for your job.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Hannon.
SENATOR HANNON: Mr. President,
would you announce an immediate meeting of the
Higher Education Committee in the Majority
Conference Room and then ask that the Senate
stand at ease.
ACTING PRESIDENT MEIER: There
will be a meeting of the Higher Education
Committee in the Majority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
11469
ease at 4:01 p.m.)
(Whereupon, the Senate reconvened
at 4:20 p.m.)
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Senate Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 4:21 p.m.)
(Whereupon, the Senate reconvened
at 4:53 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk. I ask that it
be read at this time.
ACTING PRESIDENT MEIER: Reports
11470
of standing committees.
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,
Gordon R. Gross, Esquire, of Amherst.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
we again have a fine, an excellent group of
nominees.
And it's a pleasure for me on the
first nominee to yield to the Senator from the
west, Senator Rath.
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: The Senator from
the west? Senator Stafford, thank you. I
didn't wear my cowboy boots today. But if
that's what I'm going to be, I guess I'll have
to look the part.
But it gives me a great deal of
pleasure to rise and to second the nomination
11471
of Gordon R. Gross as a trustee of the SUNY
Board of Trustees. Mr. Gross is here with us
today in the gallery, and Mr. Gross and I have
been friends for a very long time.
And if you've had the pleasure of
looking over the resume that was sent through
in the formalities of the nomination, you
would see that there wouldn't be anyone much
in Western New York that would not have known
Mr. Gross, because there aren't too many
organizations that he hasn't been a part of.
From the arts community to the philanthropic
community to the education community to the
legal and business community, Mr. Gross has
been there in all of them and served with
distinction, and usually as a chairman or in a
position of responsibility in the
organizations.
Which brings me to the point that I
want to make when I urge you all to support
Mr. Gross. For one thing, I was reminded by
Senator Stavisky that it's important to have
SUNY graduates. And I would like to thank
you, Senator Stavisky, for reminding me. And
yes, Mr. Gross is a graduate of SUNY, and so
11472
am I. And I think that we all kind of feel a
camaraderie for really understanding SUNY.
But Mr. Gross said clearly when he
was interviewed by the Higher Education
Committee about his interest in moving the
system forward and looking to the interactions
of the various parts of the SUNY system. And
I think because of the depth of his experience
in our community and around throughout various
parts of the state with the organizations that
he is perfectly qualified to do just that.
I look forward to working with him
and recommend him to you for your
consideration.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: I'll be very
brief.
Gordon Gross is an old friend who
is a constituent of Senator Rath's. He's one
of the most distinguished lawyers in the
Western New York area.
As I said at the committee meeting,
he's probably got one of the biggest hearts
really in Western New York. He's been
11473
contributing to all sorts of charities and
groups in Western New York. And there's no
question that he'll make an excellent member
of the Board of Trustees of SUNY.
So I highly commend the Governor
and wish Gordy good luck.
ACTING PRESIDENT MEIER: Any
other member wish to be heard on the
nomination?
If you want to be heard on these,
please make yourself known to the chair so I
can recognize you.
Senator Lachman.
SENATOR LACHMAN: Mr. President,
thank you kindly.
I am at a disadvantage of not
having known the nominee before the Higher
Education and the Finance Committee met today.
I just want to reiterate one point
and make a suggestion that I did not make at
the committee. Last year and the year before,
there were anti-Semitic and anti-Asian
incidents occurring at one of the major SUNY
campuses in the State of New York.
Fortunately, the governor and the chancellor
11474
and the chairman of the Board of Trustees
acted immediately, and over a period of weeks
these incidents stopped occurring.
However, we are now basically in a
state of war. This is not a terrible act,
it's a terrorist act, it's an act of war. And
in some campuses throughout the country, there
have been some minor incidents against people
of different ethnic, racial, and religious
groups.
And I would suggest to Mr. Gross,
especially because his background has also
been involved in intergroup relations and
interfaith relations, as well as a superb
background in law, that he suggest to his
colleagues on the SUNY Board of Trustees that
they promulgate regulations now, in
anticipation -- and we hope and pray this will
never occur -- that there might be some
incidents at the largest state university in
the United States as an after-effect to the
terrible tragedy that occurred on
September 11th.
It's always better to act based
upon regulations that exist than react to
11475
regulations that don't exist when we have
hatred on campus, and at the same time attempt
to preserve the civil liberties and civil
rights that make our society unique in the
nation.
Thank you.
ACTING PRESIDENT MEIER: All
those in favor of confirming Gordon G. Gross
as a member of the SUNY Board of Trustees
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Mr. Gross is with us today in the
gallery.
And we welcome you, sir, and wish
you well with your important duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: As a member of
the Industrial Board of Appeals, Kristin A.
11476
Mackay, of Rocky Point.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: Mr. President,
it gives me great pleasure to rise to move the
nomination of Kristin Mackay.
First let me say that I commend the
Governor for this appointment. Kristin is a
very bright, articulate person who's been
involved in government, understands the
dynamics of government, policy-making, and
more importantly, I think, how stakeholders
interact in the process.
So she will make an excellent
member of the Industrial Board of Appeals, and
I move her nomination.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise to also second the
nomination of Kristin A. Mackay of Rocky
Point. She has worked for our county
executive, Bob Gaffney. Suffolk County has
done an excellent job.
11477
As a former chair of the Labor
Committee, I'm very happy that a nice local
person from Suffolk County will now be sitting
on the Industrial Board of Appeals. It is an
organization that requires a great
understanding of people, their interactions
and how they work and the work to be done.
And I think the Governor has made
an excellent choice by her appointment to the
Board of Appeals, and I certainly look forward
to observing and watching the work she does on
that board.
And particularly since it's a part
of the Department of Labor, and of course the
commissioner to the Department of Labor is
another old local Suffolk County -- I don't
want to say old, I'll get killed -- Suffolk
County person, and they will work very well
together.
So congratulations to a very good
appointment.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Kristin A.
Mackay as a member of the Industrial Board of
Appeals. All those in favor signify by saying
11478
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is unanimously confirmed.
Kristin Mackay is with us today in
the gallery. She is accompanied by her
husband, Frank Mackay.
And we welcome you and your
husband, and we wish you well with your duties
as you are confirmed today. Thank you.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As Major General,
New York Air National Guard, Thomas P.
Maguire, Jr., of Walden.
ACTING PRESIDENT MEIER: Senator
Larkin.
SENATOR LARKIN: Mr. President,
it's indeed an honor and privilege for me to
be here today putting forth the nomination of
General Maguire to be the commander of the
11479
New York State Air National Guard.
I've had the privilege of knowing
General Maguire for over 20 years. This is an
individual that upon completing of his ROTC
training at Holy Cross, he entered in the
United States Air Force.
General Maguire distinguished
himself in combat in Vietnam. Returning home,
he distinguished himself again by joining a
guard unit. He proceeded in that guard unit
from the bottom up.
He commanded, prior to this
assignment, the 105th Air Guard at Stewart.
So most of us in the Hudson Valley are well
aware of him.
General Maguire is considered one
of the topnotch pilots in America -- over
5,000 hours. When we were talking a couple of
years ago about some problems in the Caribbean
area due to typhoons, hurricanes, the airlift
responsibility came to then Colonel Maguire
and later General Maguire.
During Desert Storm, his troops
were the first called upon to the airlift.
They're now today called upon to support us in
11480
our latest venture.
General Maguire is the type of an
individual that is what we call a soldier's
soldier. You can't find any person that
served with him in the 105th or, in his
younger days, in the squadron who wouldn't
look upon General Maguire and say: "Maguire
is with us, we can't go wrong. We have a
leader."
When the ambassador to one of our
neighboring countries came to Stewart a year
and a half ago, he didn't seek out the
governor, he didn't seek out Vinnie Leibell
and John Bonacic or me. He said, "How can I
get in touch with General Maguire?" He said,
"Because I want to tell him that without his
energetic ideas, our people would have
starved."
The problem was that some people in
Washington wanted to use great big large
aircraft to go down into a country whose
airfields had been washed away. General
Maguire's people put together a plan so that
the large aircraft could go to another area
within the country and then be reloaded on
11481
smaller aircraft so they wouldn't have to be
dropped and the cases broken and everything,
and the project was completed on time.
And what he said was, "I'm honored
to know you." And, you know, that comes from
an ambassador. Who doesn't deal with me,
doesn't deal with General Maguire, but had the
decency and courtesy to make a personal trip
to Stewart to seek out General Maguire and
express appreciation of this country.
If you look at his distinguished
record that every one of you have on your
desk, you will see that here is a gentleman
who has given his whole life to our armed
forces. And when the general was selected by
the Governor to be the adjutant general, many
of us were pleased -- some sad, because he
wouldn't be around Stewart as much.
But just looking since the 11th of
September, with his oversight of SEMA and what
they've done and what his troops have done and
what role they played at Stewart, we're
fortunate to have a man so distinguished and
totally committed, and, yes, to the sacrifice
of his family, because he took an oath for
11482
this country. And now he has taken the next
step in his career to be the adjutant general
of this state.
We are very fortunate that this
individual would want to take on this
assignment at these dark days of our country.
I'm honored to put forward the nomination of
General Maguire to be the adjutant general of
the State of New York.
ACTING PRESIDENT MEIER: Senator
Leibell.
SENATOR LEIBELL: Thank you, Mr.
President. I'm very pleased to join with my
colleague Senator Larkin to speak on this
nomination.
I have had the good fortune to know
General Maguire and his family for probably
over 25 years. I knew his dad, who was one of
the preeminent builders in the state of
New York. I know many of his siblings. I
know what a wonderful family they are. I also
know what a fine military person this has
been.
We have always known how important
the position of adjutant general is. We have
11483
also known of the many crises in which we have
called upon our national guard and reserves in
New York State in the past. For the last few
weeks we have seen just how critically
important this force is, as a domestic force
and as a force for our foreign ventures as
well.
We have here the name that the
Governor has submitted to us of a person of
the highest standards. We are very, very
fortunate and very blessed. I think for any
person in this state who has a son or daughter
who has the good fortune and the honor to wear
our country's uniform, they can have the
greatest confidence in our leader, General
Maguire. He had served us well in the past
and he will continue to do so in the future.
I move his nomination.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
The question is on the confirmation
of Thomas P. Maguire, Jr., Major General,
New York State Air National Guard. All those
in favor of the confirmation signify by saying
aye.
11484
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is unanimously confirmed.
General Maguire is with us today in
the gallery.
And we congratulate you, sir, and
wish you well with your duties, which are,
we're sure, all-consuming for you at this
difficult time. And we wish you and our
country well.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the Dormitory Authority, John B. Johnson, Jr.,
of Watertown.
As a member of the New York State
Project Finance Agency, David M. Ahlers, of
Ithaca.
As banking members of the State
Banking Board, E. Peter Forrestel, II, of
Akron; David C. Mancuso, of Dunkirk; and
11485
Thomas E. Hales, of Briarcliff Manor.
As a member of the Small Business
Advisory Board, Robert M. Federico, of
Yorktown Heights.
And as commissioner of the State
Insurance Fund, Charles L. Loiodice, of
Woodbury.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Move the
nominations.
ACTING PRESIDENT MEIER: Senator
Wright.
SENATOR WRIGHT: Thank you, Mr.
President.
I look forward to seconding the
nomination of John B. Johnson, Jr., as a
member of the Dormitory Authority. I think if
you take a look at Mr. Johnson's resume,
you'll see that it speaks for itself.
But I simply want to address one
issue, and that is to commend the Governor for
his nomination of Mr. Johnson and his
recognition of the Johnson family. For John
Johnson, Jr., happens to be the third
11486
generation of Johnsons nominated by previous
governors, confirmed previously by the Senate,
and having served three generations: First,
his grandfather, who was one of the original
members of the Dormitory Authority; followed
by his father, who then served 44 years as a
member of the Dormitory Authority, 20 of those
years as chairman; and now, of course, the
nomination of John Johnson, Jr., who I believe
will have an equally long and distinguished
tenure serving the people of New York State.
And this is not simply limited to
the Dormitory Authority, but I would note, Mr.
President, for the record, that Mr. Johnson's
mother, Mrs. Katherine Johnson, has served
under five different governors as a member of
the New York State Parks and Recreation
Commission serving the Thousand Islands.
So we have a family here who has
served the North Country well, as well as the
State of New York. And it's my pleasure to
second the nomination.
Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
11487
The question is on the confirmation
of the nominees. All those in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
Senator Rath.
SENATOR RATH: Mr. President, the
Senate will stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 5:10 p.m.)
(Whereupon, the Senate reconvened
at 6:12 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could
return to motions and resolutions, there's a
privileged resolution at the desk by Senator
DeFrancisco. I ask that the title be read and
11488
move for its immediate adoption.
ACTING PRESIDENT MEIER: Motions
and resolutions.
The Secretary will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
3314, congratulating Michael T. Barry upon the
occasion of his retirement after many years of
distinguished service.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
Senator Bruno has requested a conference of
the Majority to begin at 6:20 which will last
approximately a half hour.
ACTING PRESIDENT MEIER: There
will be a conference of the Majority at 6:20
11489
in the Majority Conference Room.
SENATOR SKELOS: Mr. President,
if we could stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 6:14 p.m.)
(Whereupon, the Senate reconvened
at 8:02 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
We'll stand at ease.
(Whereupon, the Senate stood at
ease at 8:03 p.m.)
(Whereupon, the Senate reconvened
at 8:12 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
11490
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 5810, by the Senate Committee on
Rules, an act to amend Chapter 405 of the Laws
of 1999.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
11491
report is accepted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up the Rules report at this
time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1480, by the Senate Committee on Rules, Senate
Print 5810, an act to amend Chapter 405 of the
Laws of 1999.
SENATOR SKELOS: Madam President,
is there a message at the desk?
ACTING PRESIDENT McGEE: There is
a message at the desk, Senator Skelos.
SENATOR SKELOS: Move to accept
the message.
ACTING PRESIDENT McGEE: All in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
motion is accepted.
11492
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 55. Nays,
3. Senators Dollinger, Duane, and Padavan
recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT McGEE: No,
there is none.
SENATOR PADAVAN: I love loft
tenants. Will the record please show that.
(Laughter.)
SENATOR SKELOS: Madam President,
there being no further business to come before
the Senate, I move we adjourn until the call
of the Majority Leader, intervening days being
11493
legislative days.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until the
call of the Majority Leader, intervening days
being legislative days.
(Whereupon, at 8:14 p.m., the
Senate adjourned.)