Regular Session - April 23, 2002
2347
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 23, 2002
3:07 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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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: With us today
once again is a gentleman who needs no
introduction, the Reverend Peter G. Young from
Blessed Sacrament Church, in Bolton Landing,
to give the invocation.
REVEREND YOUNG: Let us pray.
When we meet in session, sometimes
we stop listening and use our communication
skills to advocate only for our own
constituents' agenda. God, You want us to
communicate with respect and care to each
other, to each Senator in this chamber, so
that we might show our New York State citizens
and constituents our example of togetherness
for the common good of New York State.
Help us to have open ears and
hospitable minds, as we listen, as we share,
2349
and as we build the community, instead of
disunity, for New York State citizens.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, April 22, the Senate met pursuant to
adjournment. The Journal of Sunday, April 21,
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.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 6624, by Senator
Bruno, an act to amend the State Finance Law;
7304, by the Senate Committee on
Rules, an act to amend Chapter 405 of the Laws
2350
of 1999;
And Senate Print 7305, by the
Senate Committee on Rules, an act making
appropriations for the support of government.
Senator Larkin, from the Committee
on Racing, Gaming and Wagering, reports:
Senate Print 1663, by Senator
Larkin, an act to amend the Business
Corporation Law;
3897, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
4137, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
4662, by Senator Padavan, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
4684, by Senator Larkin, an act to
repeal Section 369E of the General Business
Law;
5228, by Senator DeFrancisco, an
act to amend the General Business Law;
And 7018, by Senator Larkin, an act
to amend the Racing, Pari-Mutuel Wagering and
2351
Breeding Law.
Senator Balboni, from the Committee
on Water Resources, reports:
Senate Print 1711, by Senator
Sampson, an act to amend the Environmental
Conservation Law;
And Senate Print 6933, by Senator
Balboni, an act to amend the Environmental
Conservation Law.
Senator Fuschillo, from the
Committee on Consumer Protection, reports:
Senate Print 801, by Senator Alesi,
an act to amend the General Business Law;
5783, by Senator Skelos, an act to
amend a chapter of the Laws of 2001;
6072A, by Senator Marcellino, an
act to amend the General Business Law;
6741, by Senator Skelos, an act to
amend the General Business Law;
6949, by Senator Velella, an act to
amend the General Business Law;
And 7067, by Senator Spano, an act
to amend the General Business Law.
Senator Lack, from the Committee on
Judiciary, reports:
2352
Senate Print 1389B, by Senator
Lack, an act to amend the Estates, Powers and
Trusts Law;
1916, by Senator Lack, an act to
amend the Real Property Tax Law;
3000A, by Senator Alesi, an act to
amend the General Business Law;
3366A, by Senator Lack, an act to
amend the Estates, Powers and Trusts Law;
3707, by Senator Hannon, an act to
amend the Lien Law;
5513A, by Senator Lack, an act to
amend the Estates, Powers and Trusts Law;
6395, by Senator Velella, an act to
amend the New York City Civil Court Act;
And Senate Print 6623A, by Senator
Bruno, concurrent resolution of the Senate and
Assembly opposing amendments to Article VII of
the Constitution.
Senator Padavan, from the Committee
on Cities, reports:
Senate Print 1720A, by Senator
Sampson, an act authorizing the City of New
York;
4001, by Senator Larkin, an act to
2353
authorize the City of Newburgh;
6553A, by Senator Padavan, an act
to amend the Real Property Tax Law and others;
And Senate Print 6772, by Senator
Nozzolio, an act to amend the Administrative
Code of the City of New York.
Senator Hannon, from the Committee
on Health, reports:
Senate Print 3954, by Senator
Velella, an act to amend the Public Health
Law;
4089A, by Senator Hoffmann, an act
to amend the Public Health Law;
4304, by Senator Spano, an act to
amend the Public Health Law;
4989A, by Senator Fuschillo, an act
to amend the Public Health Law;
6228, by Senator Spano, an act to
amend the Public Health Law;
6327, by Senator Johnson, an act to
amend Chapter 572 of the Laws of 1994;
6876, by Senator Maziarz, an act to
amend Chapter 841 of the Laws of 1987;
6877, by Senator Maziarz, an act to
amend Chapter 433 of the Laws of 1997;
2354
6929, by Senator Hannon, an act to
amend the Public Health Law;
And 7163, by Senator Stafford, an
act to authorize certain health care
professionals.
Senator Velella, from the Committee
on Labor, reports:
Senate Print 6513, by Senator
Nozzolio, an act to amend the Workers'
Compensation Law;
And Senate Print 6713, by Senator
Velella, an act to amend the Workers'
Compensation Law.
Senator Maziarz, from the Committee
on Aging, reports:
Senate Print 1917, by Senator
Larkin, an act to amend the Real Property Tax
Law;
6360, by Senator Velella, an act to
amend the Real Property Tax Law;
And 7101, by Senator Maziarz, an
act to amend the Executive Law.
Senator Rath, from the Committee on
Local Government, reports:
Senate Print 1627, by Senator
2355
Velella, an act to amend the Real Property Tax
Law;
1842, by Senator Maltese, an act to
amend the Municipal Home Rule Law;
2586, by Senator Fuschillo, an act
to authorize;
2628A, by Senator Rath, an act to
amend the Real Property Tax Law;
2654, by Senator Larkin, an act to
amend the Real Property Tax Law;
3092, by Senator Stafford, an act
to authorize;
3216, by Senator Saland, an act to
authorize;
3901, by Senator Fuschillo, an act
authorizing the assessor;
4017, by Senator Balboni, an act
authorizing the assessor;
4943B, by Senator Leibell, an act
to authorize the Town of Putnam Valley;
5391A, by Senator Wright, an act to
amend the Real Property Tax Law;
5397, by Senator Meier, an act to
authorize the Town of Verona;
5634, by Senator Kuhl, an act to
2356
amend the Town Law;
5770, by Senator Johnson, an act to
authorize;
5817, by Senator Hannon, an act to
amend Chapter 283 of the Laws of 2001;
6172, by Senator Balboni, an act
authorizing;
6361, by Senator Skelos, an act to
authorize;
6384, by Senator Skelos, an act
authorizing the assessor;
6387, by Senator Skelos, an act
authorizing the assessor;
6388, by Senator Skelos, an act
authorizing;
6417, by Senator Trunzo, an act in
relation to authorizing;
6620, by Senator Skelos, an act to
authorize;
6645, by Senator LaValle, an act to
authorize;
6682, by Senator Balboni, an act to
amend the Nassau County Civil Divisions Act;
6703, by Senator Leibell, an act
authorizing;
2357
And Senate Print 6724, by Senator
Farley, an act in relation.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 3830A, by Senator
Larkin, an act to amend the Vehicle and
Traffic Law;
4047, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law;
5672, by Senator Leibell, an act to
amend the Public Authorities Law;
6068, by Senator Spano, an act to
amend the Vehicle and Traffic Law;
6324, by Senator Alesi, an act to
amend the Vehicle and Traffic Law;
6438, by Senator Nozzolio, an act
to amend the Highway Law;
6534, by Senator DeFrancisco, an
act to amend the Highway Law;
And 6781, by Senator Maziarz, an
act to amend Highway Law.
Senator Kuhl, from the Committee on
Education, reports:
Senate Print 1893, by Senator Kuhl,
an act to amend the Education Law;
2358
2648, by Senator Kuhl, an act to
amend the Education Law;
3062, by Senator Kuhl, an act to
amend the Education Law;
4154, by Senator Kuhl, an act to
amend the Education Law;
And 6716, by Senator Kuhl, an act
to amend the Education Law.
Senator Wright, from the Committee
on Energy and Telecommunications, reports:
Senate Print 579A, by Senator
DeFrancisco, an act to amend the Public
Service Law;
3274, by Senator DeFrancisco, an
act to amend the Real Property Tax Law;
6230A, by Senator Wright, an act to
amend the Public Service Law;
And 6714, by Senator Wright, an act
to amend the Public Authorities Law.
Senator Morahan, from the Committee
on Veterans and Military Affairs, reports:
Senate Print 500, by Senator
Morahan, an act to amend the Real Property Tax
Law;
1536, by Senator LaValle, an act to
2359
amend the Real Property Tax Law;
1764, by Senator Marchi, an act to
amend the Executive Law;
1849, by Senator Maltese, an act to
amend the Vehicle and Traffic Law;
1933, by Senator Larkin, an act to
amend the Education Law;
3145, by Senator Morahan, an act to
amend the Executive Law;
4165A, by Senator Morahan, an act
to amend the Retirement and Social Security
Law;
And 4737A, by Senator Morahan, an
act to amend the Military Law.
Senator Saland, from the Committee
on Children and Families, reports:
Senate Print 421, by Senator
Skelos, an act to amend the Domestic Relations
Law;
1368, by Senator LaValle, an act to
amend the Domestic Relations Law;
3346A, by Senator Johnson, an act
to amend the Criminal Procedure Law;
4230A, by Senator Saland, an act to
amend the Domestic Relations Law;
2360
6979, by Senator Saland, an act to
amend the Domestic Relations Law;
7199, by Senator Balboni, an act to
amend the Social Services Law;
And 7203, by Senator Balboni, an
act to amend the Domestic Relations Law.
Senator Marcellino, from the
Committee on Environmental Conservation,
reports:
Senate Print 6210, by Senator
Marcellino, an act to amend the Environmental
Conservation Law;
6529, by Senator Larkin, an act to
amend the Environmental Conservation Law;
6742, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
6743, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
6810, by Senator Johnson, an act to
amend the Environmental Conservation Law;
7091, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
And Senate Print 7094, by Senator
Marcellino, an act to amend the Environmental
Conservation Law.
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All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Without objection, all bills are ordered
direct to third reading.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As Commissioner of Human Rights,
Evonne W. Jennings Tolbert, Esquire, of
Roosevelt Island.
ACTING PRESIDENT MORAHAN:
Senator Stafford is recognized to move the
nomination.
SENATOR STAFFORD: Mr. President,
it was indeed a pleasure today to have Evonne
Tolbert come before the Finance Committee.
She was prepared, she was articulate,
enthusiastic, and most sincere.
She has a background that all of us
would be proud of: a leading attorney in the
litigation field in the private sector, as
well as other work with the legal area in the
private sector; was a member of the Dinkins
2362
administration in that great city, the
greatest city in the world with a population
of more than a million people.
Also, Commissioner Tolbert has
distinguished herself in the work that she's
been doing in the Division of Human Rights.
So it is my pleasure to move her
confirmation. And as we often say, but again
I say it here today, we compliment the
Governor on an excellent appointment. And
when the commissioner is confirmed, I'm sure
that this will be good for all of us, all of
the people of this great Empire State.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Stafford.
Senator Dollinger, on the
nomination.
SENATOR DOLLINGER: Thank you,
Mr. President.
I rise today because although I can
agree with part of what Senator Stafford said,
I cannot agree with him in total. He
described this nominee as passionate,
enthusiastic, and prepared. And there's no
2363
doubt about Commissioner Tolbert's passion.
There's no doubt about her qualifications.
There's no doubt about her enthusiasm.
But quite frankly, Senator
Stafford, I can't tell whether she was
prepared, because in my attempt to ask her a
series of questions about the operation of
this agency, about her twenty-month tenure as
the acting or interim commissioner, my
colleagues on the Senate Finance Committee
decided it doesn't matter, we don't care,
we're not concerned about those aspects of
this nominee's credentials.
So they decided that they would
silence me and take away my ability to ask
questions. Senator Kuhl raised a point of
order, stood up and said: "Well, this isn't
appropriate. We can't ask questions of a
nominee of the twenty months that she's been
the interim commissioner. This doesn't affect
her credentials."
I would suggest to Senator Kuhl, as
I tried to in the Finance Committee, that that
logic would suggest let's not ever ask anybody
any questions about anything. I know that's a
2364
way that some people choose to govern in this
house, but it's not the way I choose to
govern. It's not the way I think democracy
should choose to govern.
I heard complaints in the Senate
Finance Committee that I was the one who was
holding up people from missing other meetings.
I think I reacted then by simply saying, "Boy,
democracy is just a time-consuming process.
It's a horribly time-consuming thing." It
takes a little bit of time, it takes a little
bit of effort, it takes a little bit of
preparation. You ask questions, you get
answers, you react.
That's the way I always thought
democracy worked. It worked that way in 1776
in Philadelphia. I'm not convinced it's ever
worked that way in the ten years that I've
been in Albany.
Let me tell you what I would have
asked this nominee. I tried to ask her about
the presentation of the 2000 budget, how much
money she thought was necessary to make the
agency work. Considering we're deliberating
on a 2002 budget, I thought that was an
2365
extremely pertinent question.
I attempted to ask her what she
thought was necessary to run the agency in
2001, before September 11th. I didn't get an
answer to that question. I attempted to ask
her what the Governor's feeling was about this
agency, since it has been historically
chronically underfunded by this governor. I
didn't get an answer to that.
I wanted to find out, and I told
her that not only did I want to give her a
forum for her views, for her passion, for her
commitment on this issue, I wanted to give her
a megaphone, if not a microphone, so she could
blast the voice of justice across New York
State.
But she can't do it without
resources. I wanted to ask her what resources
she needed to be able to do that. My
colleagues wouldn't let me ask her that
question.
I wanted to ask her about how many
lawyers and administrative law judges had been
hired by the department, the division during
her tenure. They wouldn't let me ask that
2366
question.
I wanted to ask her about the case
tracking system that she talked about briefly.
She mentioned it; I didn't. I wanted to find
out whether a publication that I had read,
which suggested that it was simply partnered
with the Department of Taxation and Finance -
no, I wasn't allowed to ask that question.
I simply wanted to find out from
this nominee whether her experience had
suggested that we ought to put more money to
work in this agency so that it can do its job
correctly. I wasn't allowed to ask that
question.
Mr. President, I detest voting
against nominees who appear to have the
credentials that this one does. But from my
point of view, I have been advocating for this
agency for years that it be properly funded.
I've made amendments on the floor of this
chamber so that we would put our money where,
thank heaven, this commissioner's voice
already is, so that we would know how much
money is necessary to give this commissioner
the tools to do the job right and bring
2367
justice to everyone.
For some reason, my colleagues on
that side of the aisle are willing to silence
me in attempting to get answers to those
questions. I am left with no alternative,
Mr. President, but to lodge my protest against
the way this division has been funded for the
last decade, both partly under Governor Cuomo
and, yes, under Governor Pataki -- but, more
importantly, how are we going to solve the
problem.
Having been denied the opportunity
to those answers, Mr. President, I am left
with no other choice but to vote no.
ACTING PRESIDENT MORAHAN:
Senator Hevesi.
Senator Stafford.
SENATOR STAFFORD: Mr. President,
I'm sure Senator Hevesi won't mind. I'll be
very brief, as I always am.
Senator, I think we're getting near
the end of the session, because you and I seem
to be having more communication. That's often
the way.
I would just like to set the record
2368
straight. I think the word "silenced" was a
poor use of the word. That's my opinion.
And, secondly, I'm sure you'll
agree that you can't point to one side or the
other, as far as the aisle goes, as far as
certain decisions being made today in the
Finance Committee when certain judgments were
made that I don't disagree with.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you.
Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. On the nomination.
I'm going to support this nominee.
And I voted yes for this nominee in the Senate
Finance Committee meeting earlier this
morning.
But I must say Senator Dollinger is
right on the money with everything he
discussed. The questions that he suggested
just now that he wanted to have answered I
want to have answered.
And let me just remind everybody
what this is really about. This is about the
2369
9,000 people out there right now who, because
of the backlog in the agency, have to wait
upwards of five years to get a disposition as
to whether or not they can get some kind of
redress, as they have alleged they have been
discriminated against. That's what this is
about.
And so the purpose here today is
not to cause contention or be belligerent, the
purpose here today is to -- a couple of
things. One is to uncover whether or not the
agency is adequately funded. That's pretty
clear. The agency has not been adequately
funded. The agency was not adequately funded,
evidently, under the Cuomo administration or
the Pataki administration. We're not
concerned with placing blame, but we want to
rectify the situation.
The other thing we want to do is
try and find out -- and I was going to ask
this question today -- exactly how much money
do we need to place into the budget to reduce
the backlog by hiring a certain number of
additional staff. I mean, this is straight
mathematics. We're all somewhat well versed
2370
in this. If we have the numbers, we can come
up with the amount of money that we need to
reduce this backlog.
And I know that the backlog used to
be worse, and it's getting better. But the
fact of the matter is, this is a problem that
can be solved by money. So often we say:
"Well, you can't just throw money at the
problem." This problem can be solved by
money. If we know how much money we have to
put into the budget to hire the additional
staff, we can cut down the backlog. And the
backlog is really unfortunate for people.
Now, a word about what happened in
the Finance Committee. In the Finance
Committee this morning, though in the past -
and Senator Stafford pointed this out about a
hearing that I had a number of questions on
years ago where we went for well over an
hour -- but this morning, for some reason, it
was determined that somehow it was
inappropriate to ask an individual who has
been serving as the acting commissioner of an
agency for several years about her budget
request to the Governor.
2371
Remember that the underlying
premise here is that the Governor has not
adequately funded the agency.
And so I believe what Senator
Dollinger was getting at, and what I'm getting
at, is we want to know that this nominee has
been and will continue to be very aggressive
with the Governor in lobbying, for her own
agency, for the resources needed to accomplish
the mission that her entire life's work
indicates she is passionate about.
I mean, nobody questioned the
character of this nominee. Nobody questioned
her background. Everything seemed exquisite
and exemplary. In fact, it seems to me that
she's been disenfranchised by being such a
wonderful advocate and being in such a
position to effect positive change and not
having the resources in order to do what she
needs to do. It must be very frustrating for
her.
And, one word in her defense, it
must also be uncomfortable, as somebody who
serves at the pleasure of the Governor, to
come before a committee and essentially say "I
2372
need more money, it's obvious to everyone, but
the Governor hasn't given it to me." Very
difficult for a nominee to say that.
But we weren't even able to place
the questions, because for some reason members
of the committee -- and Senator Stafford is
right, it wasn't just on one side of the
aisle, it was on both sides of the aisle. And
that's very unfortunate. But because of that,
we didn't have questions answered that were
relevant questions. That's unfortunate.
I'm going to give this nominee the
benefit of the doubt because of her background
and because she speaks so passionately on
these issues that if she had the resources she
could adequately do what the agency needs to
do. And I will give a leap of faith here that
she will privately, as adamantly as she can,
lobby the Governor for much more money for
this agency.
And I don't want to hear that, you
know, we're in bad fiscal times now and that's
the reason why the agency is underfunded.
Because only a few short fiscal years ago, we
were flush with cash, with multi-billion
2373
dollar budget surpluses, and this small
agency, which only needs a fairly marginal
increase in order to cut this backlog
significantly, didn't get it.
So I think the Governor's
commitment to funding the Human Rights
Commission is clear. And I think that the
nominee's passion about this is also clear.
She needs the resources to do it.
I'm going to support this nominee,
but I'd like the nominee privately, if she
can't do it publicly, privately to please,
please lobby the Governor as hard as possible
and to request that this Legislature, the
Assembly and the Senate -- because we're the
ones who can make restorations to the
Executive Budget, that we put the money
back -- not back, that we put the money in for
increases that can reduce this backlog.
Because if I've been discriminated
against, I don't want to have wait up to five
years, five years for some redress. That's
wrong. Think about all these people. This is
not about us in the Legislature. This is not
really about the functioning of the Finance
2374
Committee.
This is about the people who have
been disenfranchised, where we have set up an
appropriate forum and an appropriate structure
and that structure is not working properly -
not because of bad leadership, apparently, but
because the money is not there to do the job
that the agency is supposed to do.
And as a result, somebody may get
the signal that it's okay to discriminate
against people because it will take years and
years to get through the process. And we
don't want to send that message.
And to everybody sitting there
who's a victim of discrimination, and
everybody here, including the nominee -- who
are articulated so beautifully her background
growing up in a segregated community -- how
important it is to continue the advances that
she has made, that we all strive for, in this
particular area. It's absolutely essential.
This is not about personalities.
This is not about governance. This is about
funding an agency that does a job that must be
done. It's not being funded now, so the job
2375
is not being done and people are being hurt as
a result.
I support this nominee, but I hope
she hears me and I hope the Governor hears me
too.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Mendez.
SENATOR MENDEZ: Mr. President, I
stand here today to support the nomination of
Mrs. Jennings Tolbert. Everything has been
said about her excellent background
professionally, as the lawyer that she is, as
well as within the corporate structure of the
United States.
I want to clarify a couple of
things. Of course there is a present backlog,
but that backlog that exists at the moment has
been reduced from over 17,000 cases -- over
17,000 cases -- in 1995, when the Governor
took office, so that that backlog has been
reduced by 50 percent.
On top of that, I really want to
mention that since 1995 the Governor's budget
has increased -- to the agency has increased
2376
by 45 percent and staff by 14 percent. Yes,
that agency needs more monies, but I also know
that with the kinds of monies that they have
received with Mrs. Tolbert as an acting
commissioner, she has done wonderful things
with the agency to the point that the
Comptroller, Comptroller McCall, made an audit
a couple of years ago, and of the six
recommendations that he made to improve the
agency's performance, he found that five of
those recommendations were already implemented
in the agency and the sixth one was in the
process of being implemented.
So I want to mention as well that
it was during Governor Pataki's administration
that a suit that was placed in the Court of
Appeals by the NOW organization. That suit
was won during the Pataki administration in
favor of the state.
But nevertheless, I think that we
all should be very happy that a wonderful and
highly qualified woman is going to be the
commissioner today, hopefully, and that
whatever happened before with -- we can all
work together to improve the agency and give
2377
our full support to the new commissioner and
to the agency.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Mendez.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, thank
you, Mr. President.
I want to state right here for the
record, because I was asked by press this
morning, and I've heard a number of different
nominations where people, my colleagues
acknowledge their relationship with a person
who is being nominated. And I will just say
here and now, for the record, that this is a
very long-time friend of mine. So I want to
set that aside as an issue.
The nominee for commissioner,
Commissioner Tolbert, has talked this morning
about her own experience. And the particular
experience that she's had as a child growing
up in the South, as a woman, as an
African-American woman and all, I think have
given her personally a very unique
qualification for this particular job.
2378
In addition, she talked about her
commitment that this is not just a job but
this is a mission for her, it's a commitment.
And it's based on her own experience with
discrimination on many levels, and for obvious
reasons.
She also is -- by everyone's
acknowledgment, she is extremely qualified and
has proven in the many jobs that she's had,
including private sector and government, that
she is competent. So those issues are not in
question.
She also spoke about the
accomplishments that she has made, even though
she was not -- there was no assurance that she
would even finally be appointed by the
Governor. But in her acting position, she has
already worked to reduce the backlog by
39 percent, according to her own report.
She has instituted new systems,
computerized the case process, and has gone
across the state looking to address issues
related to the discrimination of people in
different areas. She's worked with
businesses, with the private sector and the
2379
public sector, as well as with the people that
she intends to serve.
So I don't think there is any
question about the competence, the commitment
of this nominee.
I'm very -- I feel personally very
strange about this, because I was the one that
essentially, if you would say, called for
the -- to move the nomination and cut off the
debate. So my colleague, when he talks about
people interrupting the democratic process, I
must say I can't blame the Republicans
today -- although I would like to, but I can't
fully blame them today. We take full
responsibility on our side for his grievance.
I will say, however, that I find it
very interesting that I do not recall any
nominee of the Governor's that will sit in a
committee meeting and denounce the Governor's
budget proposal. No matter what they may
think, they will not, for obvious reasons, do
that.
We do, however, very often, when we
identify that there is a need for additional
funding for any agency -- and we do that every
2380
budget season -- we seek to add funding on the
legislative side. And so I think that, to me,
is the process that is appropriate for us.
And the questions that we raised, I
believe, in terms of the issue of whether or
not the agency is funded adequately should be
addressed directly to the Governor, mano a
mano, and we should not scapegoat this nominee
because we do have a problem with the way in
which the Division of Human Rights has
functioned for years since I've been elected.
And so I agree with my colleague
Dollinger that -- Senator Dollinger that we
need to look at it, we should have a hearing.
But I certainly disagree with the fact that we
should scapegoat a woman who has expressed
full and complete commitment to doing whatever
she can and will continue to work with us.
But we have a problem with funding,
and let's deal with that with the Governor as
we always do.
Mr. President, I am happy to be
able to speak on behalf of the nominee and
certainly will be voting for her.
ACTING PRESIDENT MORAHAN: Thank
2381
you, Senator Montgomery.
Senator Smith.
SENATOR ADA SMITH: Thank you -
ACTING PRESIDENT MORAHAN: Let me
just interrupt you, Senator Smith.
There's a 15-minute rule on
nominations on each side of the aisle. That
side of the aisle has extended itself. We
have extended it to almost 20 minutes.
But rather than be accused of
shutting off debate or closing down or gagging
people, we will allow you to speak. But,
frankly, you will be last, Senator, to be
recognized on that side.
SENATOR ADA SMITH: Thank you,
Mr. President. I will be brief.
I do not want the credentials of
this fine nominee to be clouded by our desire
to ensure that an agency receive all of the
necessary funding that it should have.
I was greatly impressed by the
nominee's recollections of her childhood in
Virginia. Having been born in Amherst County,
Virginia, and having walked to the same kind
of one-room schoolhouse, and having met those
2382
same factors of discrimination, I can relate
very well to what she was saying.
And I'm proud of her for being able
to move forward and to become an attorney, and
to become not only an attorney but one of
renown who everyone has felt has done an
excellent job in everything that she has
touched.
She has a passion and a knowledge
that we need in this state. And I look
forward to seeing her move this agency out of
the dark ages and to bring forth all of those
new ideas so that all of the people who have
made claims can be satisfied and the people of
New York State can have a worthwhile
commissioner.
Thank you. I will be voting in the
positive.
ACTING PRESIDENT MORAHAN: The
question is on the confirmation of Evonne E.
Jennings Tolbert, Esquire, as Commissioner of
Human Rights. All in favor of the
confirmation signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
2383
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
nominee is hereby confirmed.
Congratulations, Commissioner.
(Applause.)
ACTING PRESIDENT MORAHAN: The
Commissioner is accompanied today by her
husband, Dr. Jerome Tolbert; her brother,
Spencer Jennings; her sister, Marion Boston;
and other friends and relatives. Welcome.
The Secretary will continue to
read.
THE SECRETARY: As Inspector
General of the Office of the Metropolitan
Transportation Authority, Matthew D.
Sansverie, Esquire, of Malverne.
ACTING PRESIDENT MORAHAN:
Senator Stafford.
SENATOR STAFFORD: Again, Mr.
President, I said we had a very fine day today
with nominees.
Matthew Sansverie came before us,
he has an excellent -- has had excellent
experience; indeed, has been in the Nassau
2384
County District Attorney's office. He was in
the Department of Law, in charge of the
Criminal Prosecutions Bureau, also the
Charities Bureau, very, very important in the
Attorney General's office; and he also has
been with the Battery Park Authority, internal
control officer and associate counsel.
And also, Mr. President, I would
emphasize that with the experience of Matthew
Sansverie, we are going to have an inspector
general for the MTA, when he is confirmed, a
person who will do the job with dedication,
with a tremendous amount of sensitivity, but
one who realizes how important the mission is.
And again, the state will be better off
because of a fine public servant.
ACTING PRESIDENT MORAHAN: The
question is on the confirmation of Matthew
Sansverie as MTA Inspector General. All in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN:
2385
Matthew Sansverie is now confirmed as
inspector general of the MTA.
Congratulations. He's here today
with his wife, Kristie.
(Applause.)
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: As a member of
the State Board of Parole, William R. Crowe,
of Kenmore.
ACTING PRESIDENT MORAHAN:
Senator Stafford.
SENATOR STAFFORD: Mr. President,
it's a pleasure to yield to Senator Rath.
ACTING PRESIDENT MORAHAN:
Senator Rath.
SENATOR RATH: Thank you, Senator
Stafford.
Mr. President, I am deeply honored
to rise to nominate one of my constituents,
Bill Crowe, who is in the gallery today, to
the Parole Board, the State Board of Parole.
With Mr. Crowe today are his wife,
Michela Downey Crowe, and daughters Bridget
and Molly, who we are delighted to have here
2386
with us today.
Mr. Crowe is someone I've known for
a long time through my district. He's a
graduate of our great Syracuse University
here, and of course the University of Buffalo
Law School, which always gives us a great deal
of pride in Western New York.
But I think, as we're looking at
the Parole Board, we're certainly looking at a
board where we have to have someone who has a
lot of experience, not only in the law, as
Mr. Crowe does through his extensive private
practice -- and well-respected practice, I
might add, through the years -- but he has a
number of other items that I'd like to
mention.
Mr. Crowe was an assistant attorney
general, and he served as an acting village
judge in the village of Kenmore, an assistant
Erie County district attorney, associate
counsel presently to the Erie County Water
Authority, and many years as a trustee of the
village of Kenmore.
And I would submit to you that the
Governor, in his wisdom, chose a person for
2387
this job who has a broad reference of
experience and will serve very well and with
distinction in this.
It gives me a great deal of
pleasure to place his name in nomination.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Rath.
The question is on the confirmation
of William R. Crowe as a member of the
New York State Board of Parole. All in favor
say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: Mr.
William R. Crowe is hereby confirmed as a
member of the New York State Board of Parole.
Congratulations, Mr. Crowe.
(Applause.)
ACTING PRESIDENT MORAHAN: Mr.
Crowe is here today with his wife, Michela,
his daughter Bridget and his daughter Molly.
Congratulations to all.
2388
(Applause.)
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: As a member of
the State Board of Parole, Walter William
Smith, Jr., of Clarence Center.
ACTING PRESIDENT MORAHAN:
Senator Stafford.
SENATOR STAFFORD: Mr. President,
I understand that this fine nominee did live
in the Senator on my right, Senator Maziarz's,
district, but he has moved to Clarence Center.
And I believe that's in Senator Rath's
district. So I'll let them decide -- well, I
guess it's been decided.
(Laughter.)
SENATOR RATH: I'm up. You can
follow me, George.
THE PRESIDENT: Senator Rath.
SENATOR RATH: Thank you, Mr.
President. It is with great honor that I rise
to place in nomination the name of Walter
William -- better known as Bill -- Smith to a
reappointment to the Parole Board for the
State of New York. He has been a commissioner
2389
since 1996, and the Governor, in his wisdom,
has sent the reappointment over to us.
I might point out to you, as I said
for my previous nominee -- and of course it
looks like law and order is a big thing on the
Niagara frontier. I guess it is, Senator
Maziarz -- we've got people who are finding
themselves distinguished and placed in
positions of distinction by the Governor
because they themselves are distinguished and
will serve the State of New York very well in
this role.
Bill Smith has also, besides being
a reappointment, served on the Crime Victims
Board of the State of New York and was in
charge of the Buffalo Office of the CVB,
including the investigators serving ten
western New York counties. He also served as
a special investigator in the Erie County
Department of Social Services and graduated
from the State University of New York.
And again, we're always glad to be
able to note SUNY students and SUNY graduates
whenever they are in the chamber, because
we're particularly proud also of SUNY.
2390
So it gives me a great deal of
pleasure to present the name of Bill Smith as
a reappointment to the Board of Parole.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Rath.
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President. Thank Senator Stafford,
the chair of the Finance Committee.
I want to rise to support the
nomination of Bill Smith. I've known Bill for
a number of years. The only bad thing I could
ever say about Bill Smith was that he used
extremely poor judgment when he moved out of
my Senate district.
But he has been, for a number of
years, a member of the Crime Victims
Compensation Board. He understands the effect
of crime on -- particularly on victims. And
he's done a great job since 1996 as a member
of the Board of Parole, and I know that he
will continue. And Governor Pataki has made
an excellent choice.
Thank you, Mr. President.
2391
ACTING PRESIDENT MORAHAN: Thank
you, Senator Maziarz.
The question is on the confirmation
of Walter William Smith as a member of the
New York State Board of Parole. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: Walter
William Smith is hereby confirmed as a member
of the New York State Board of Parole.
Congratulations, Mr. Smith.
(Applause.)
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: As sheriff of
Cayuga County, James C. Moochler, of Owasco.
ACTING PRESIDENT MORAHAN:
Senator Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President. On the nomination.
Mr. President and my colleagues, a
vacancy in the Cayuga County sheriff's
2392
position was not something anyone planned for,
but Governor Pataki's nominee to fill that
vacancy could not have been better trained for
this position.
Jim Moochler combines a lifetime of
law enforcement experience with a keen
knowledge and interest in his home county of
Cayuga. The Governor's decision, Governor
Pataki's decision to nominate Jim Moochler is
one of credential, is one of experience, and
is one in the best interests of Cayuga County.
Jim Moochler has served in many
capacities, preparing him for this position.
He himself is a career law enforcement
professional, serving, after the Marine Corps,
over 30 years as a member of New York's
finest, the New York State Police, rising
through the ranks and eventually becoming a
major and troop commander for Troop B in
New York State.
After that great record of service,
one could expect an individual, after 30 years
in a very stressful and yet important
position, deciding to sit on the back porch
and rock away for retirement. But that's the
2393
last thing on Jim Moochler's mind. That he
came home to the place where he grew up and
was educated to serve in a variety of
capacities that have been earmarked by just
simply great community service -- service to
his community, service to his county, service
to the city of Auburn.
When there was a crisis in the city
of Auburn needing a new police chief to serve
on an interim basis, the call came out for Jim
Moochler, and Jim Moochler was there and
served with great distinction.
Similarly, when there was an issue
of management within the city, because of
retirements and passing on, that a city
manager was needed, again, Jim Moochler was
called upon and served with distinction as
city manager for an interim basis to help in
the management of a large city, the largest
city in the central Finger Lakes.
Jim has also been elected as a
county legislator, but most recently as a
judge, serving as town justice for the town of
Owasco in Cayuga County.
Jim has presented a variety of
2394
experiences, a variety of qualifications that
Governor Pataki recognized. And as usual in
Governor Pataki's criminal justice
appointments he really has served and found
outstanding individuals, and Jim Moochler is
in that category.
I'd also like to say that he's here
today, with his wife, Aggie, who later this
year they will be celebrating -- excuse me,
last year, in September, they celebrated their
50th wedding anniversary, and now they're on
their 51st year. So I want to congratulate
the Moochlers for that outstanding
accomplishment. It shows Jim's commitment to
not just community but family.
And that I, along with Assemblyman
Gary Finch, who represent Cayuga County -- and
Assemblyman Finch is here today to support
Governor Pataki's nomination -- Mr. President
and my colleagues, it's an outstanding
individual who I am very honored to support
for this nomination. I move that Governor
Pataki's nomination be accepted by the Senate.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
2395
you.
Senator Stafford.
SENATOR STAFFORD: Mr. President,
I'm standing up more than usual. But when
anyone has been commander of Troop B, I have
to acknowledge them. I just can't believe
that anybody can be troop commander up in our
area and move to Auburn, or Cayuga County.
But on a serious note, I would just
point out that Major Moochler was responsible,
after Major Ambler left, for planning and
commanding the State Police during the 1980
Olympics. And just a tremendous, tremendous
job was done, and everyone was most impressed.
And I'm sure when he retires, he'll
move back to Raybrook. You know, that's
Troop B.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Stafford.
The question is on the confirmation
of James C. Moochler as Cayuga County Sheriff.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
2396
(No response.)
ACTING PRESIDENT MORAHAN: James
C. Moochler is hereby confirmed as Cayuga
County Sheriff.
Congratulations, Mr. Moochler. He
is here today with us with his wife, Agnes.
Congratulations.
(Applause.)
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: As members of the
Empire State Plaza Art Commission, Kate Johns,
of Old Chatham, and Dolores Sarno, of Saratoga
Springs.
As members of the Advisory Council
on Agriculture, Daniel W. Sievert, of Burt,
and Suzanne G. West, of Varyburg.
As members of the New York State
Office of Science, Technology and Academic
Research Advisory Council, Erland E.
Kailbourne, of Williamsville, and Brian Ruder,
of Ausable Forks.
As a member of the Citizens Policy
and Complaint Review Council, Brian W. Cotter,
of Rensselaer.
2397
And as a member of the Board of
Visitors of the Agricultural and Industrial
School at Industry, Patricia A. Tantillo, of
West Henrietta.
ACTING PRESIDENT MORAHAN:
Senator Stafford.
SENATOR STAFFORD: Move the
nominations.
ACTING PRESIDENT MORAHAN: On the
nominations, all in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
nominations are carried. The nominees are
confirmed. Thank you.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Seward, I wish
to call up Senate Print Number 5584A, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MORAHAN: The
2398
Secretary will read.
THE SECRETARY: Calendar Number
18, by Senator Seward, Senate Print 5584A, an
act to amend the Insurance Law.
ACTING PRESIDENT MORAHAN:
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MORAHAN: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN:
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MORAHAN: The
amendments are received and adopted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, are there any substitutions at the
desk?
2399
ACTING PRESIDENT MORAHAN: Yes,
there are, Senator.
SENATOR MARCELLINO: Can we have
that done, please.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: On page 24,
Senator Balboni moves to discharge, from the
Committee on Water Resources, Assembly Bill
Number 10155A and substitute it for the
identical Senate Bill Number 6594A, Third
Reading Calendar 467.
On page 26, Senator Marcellino
moves to discharge, from the Committee on
Environmental Conservation, Assembly Bill
Number 8683C and substitute it for the
identical Senate Bill Number 4786D, Third
Reading Calendar 511.
And on page 34, Senator Volker
moves to discharge, from the Committee on
Codes, Assembly Bill Number 9404A and
substitute it for the identical Senate Bill
Number 6131, Third Reading Calendar 612.
ACTING PRESIDENT MORAHAN: The
substitutions are ordered.
2400
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, may we please adopt the Resolution
Calendar, with the exception of Resolution
5043.
ACTING PRESIDENT MORAHAN: The
question is on the adoption of the Resolution
Calendar. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
Resolution Calendar is adopted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, there is a resolution at the desk
by Senator Breslin, Number 5043. May we
please have it read in its entirety and move
for its immediate adoption.
ACTING PRESIDENT MORAHAN: In the
interests of time, we're going to read the
title only and then recognize Senator Breslin.
The Secretary will read.
THE SECRETARY: By Senator
2401
Breslin, Legislative Resolution Number 5043,
congratulating the Voorheesville High School
Girls Basketball Team and Coach Jon McClement
upon the occasion of capturing the New York
State Public High School Athletic Association
Class C State Championship.
ACTING PRESIDENT MORAHAN:
Senator Breslin.
SENATOR BRESLIN: Thank you, Mr.
President.
I rise to honor Voorheesville High
School, the Blackbirds, who have established a
tradition of excellence not only in academics
but in basketball as well. And they became
Class C state champions this year. And they
became Class C state champions with a team
that consisted of mostly underclass people.
And the entire team, their
coaches -- Jon McClement and the assistant
coaches -- and parents were here earlier
today. But because they have their academics
and other activities, most of them had to
return to school.
But we're honored today to have two
of them who remained. One, Andrea Burch, who
2402
was an All-State basketball player, was the
most valuable player in the Federation
tournament, and most importantly, because of
her athletics and her academics, has received
a full scholarship to Pace University to play
basketball.
And with her is Catherine
Nicholson. Catherine was the -- in the
Federation, got the sportsmanship award. And
again more importantly, Catherine will be back
next year to lead Voorheesville once again not
only to the State Class C Championship but the
Federation as well.
And I'd like to have each of the
young ladies stand and be recognized as part
of that victorious team.
ACTING PRESIDENT MORAHAN: We
welcome you to the chamber, and
congratulations.
On the resolution, all in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
2403
ACTING PRESIDENT MORAHAN: The
resolution is adopted.
Congratulations.
(Applause.)
ACTING PRESIDENT MORAHAN:
Senator Marcellino.
SENATOR MARCELLINO: Yes, Mr.
President. At this time can we have the
noncontroversial reading of the calendar.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
318, by Senator Saland, Senate Print 5042A, an
act to amend the Real Property Tax Law, in
relation to providing.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
338, by Senator Skelos, Senate Print 399, an
act to amend the Family Court Act and the
Criminal Procedure Law, in relation to the age
of a child witness.
ACTING PRESIDENT MORAHAN: Read
2404
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President. I apologize for interrupting
the reading.
But can we now call an immediate
meeting of the Civil Service and Pensions
Committee in the Majority Conference Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Civil
Service and Pensions Committee in the Majority
Conference Room.
The Secretary will read.
THE SECRETARY: Calendar Number
369, by Senator Rath, Senate Print 1452, an
act to amend the General Business Law, in
relation to the regulation of unsolicited
2405
commercial electronic mail.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
511, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
8683C, an act to amend the Environmental
Conservation Law, in relation to small lead
fishing sinkers.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect two years after it shall
have become law.
ACTING PRESIDENT MORAHAN: Call
the roll.
2406
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Senator Dollinger.
SENATOR DOLLINGER: Just briefly
to explain my vote, Mr. President.
I commend Senator Marcellino for
this bill. I have two quick comments. One
is, Senator Marcellino, I'm one of those guys
who took those sinkers and closed them with my
teeth around my fishing line. It may explain
my conduct as -
SENATOR MARCELLINO: I was just
about to say that.
SENATOR DOLLINGER: I saw it
coming.
(Laughter.)
SENATOR MARCELLINO: It explains
a lot, Senator.
SENATOR DOLLINGER: But the
second thing, Mr. President, while this bill
is going to help the fishing and the waterfowl
in this state, I hope it calls our attention
not just to the sinkers that weigh less than
an ounce, but quite frankly the tons and tons
and tons of lead paint that is on the walls of
2407
residences in our city.
With all due respect, while we
should have a protection program for lead for
waterfowl and fish, frankly, the billion
dollars that we need to invest in our rural,
predominantly rural areas to solve the problem
of lead-paint poisoning of our children,
remains an outrage.
My hope is that this bill, the
recognition in this bill of the danger in lead
will not be forgotten, perhaps even at budget
time, when this conference or at least this
senator brings forward an amendment that says
it's time for us to commit the financial
resources to rid New York State of the problem
of lead-paint poisoning in the homes of our
children.
Thank you, Mr. President. I'll
vote aye.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Dollinger.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I certainly
second what Senator Dollinger says.
And I also would like us to look
2408
more closely at not just those lead fishing
sinkers that are weighing one-half ounce or
less, but, as the environmental movement has
suggested, that we see what we can do to get
rid of all the lead sinkers. There are
certainly alternatives that are available, and
we ought to keep all the lead out of our
water.
I vote yes.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Oppenheimer.
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Seward recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
546, by Senator Stafford, Senate Print 6577 -
SENATOR MARCELLINO: Lay it aside
for the day.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
555, by Senator LaValle, Senate Print 1879, an
act to amend the General Municipal Law, in
2409
relation to creating.
ACTING PRESIDENT MORAHAN: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
566, by Senator McGee, Senate Print 4517B, an
act authorizing the conveyance of certain
state lands.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
2410
bill is passed.
THE SECRETARY: Calendar Number
580, by Senator Larkin, Senate Print 6578, an
act in relation to creating the Plattekill
Library District.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
589, by Senator Padavan, Senate Print 1636, an
act to amend the Vehicle and Traffic Law, in
relation to prohibiting.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
2411
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
590, by Senator Meier, Senate Print 2723, an
act to amend the Vehicle and Traffic Law, in
relation to authorizing.
SENATOR DOLLINGER: Lay the bill
aside, please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
591, by Senator Johnson, Senate Print 3796A,
an act to amend the Vehicle and Traffic Law,
in relation to proof of effectiveness.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
2412
THE SECRETARY: Ayes, 58. Nays,
1. Senator Sampson recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
593, by Senator Trunzo, Senate Print 4597, an
act to amend the Vehicle and Traffic Law, in
relation to period of validity.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
600, by Senator Volker, Senate Print 135, an
act to amend the Civil Practice Law and Rules,
in relation to conducting depositions.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
2413
bill is laid aside.
THE SECRETARY: Calendar Number
604, by Senator Balboni, Senate Print 851, an
act to amend the Penal Law, in relation to
increasing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 12. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
620, by Senator Stafford, Senate Print 6091,
an act to amend the Public Authorities Law, in
relation to authorizing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
2414
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Sampson recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
623, by Senator Kuhl, Senate Print 1963B, an
act to amend the Alcoholic Beverage Control
Law, in relation to authorizing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect in 90 days.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
630, by Senator Alesi, Senate Print 6413, an
act to amend the Alcoholic Beverage Control
Law, in relation to the sale of soju at
retail.
2415
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Marcellino, that completes
the reading of the noncontroversial calendar.
Senator Smith.
SENATOR ADA SMITH: Thank you,
Mr. President. I request unanimous consent to
be recorded in the negative on Calendar Number
600, Bill Number S135.
ACTING PRESIDENT MORAHAN: That's
been laid aside, Senator.
SENATOR ADA SMITH: Okay.
ACTING PRESIDENT MORAHAN:
Senator Marcellino.
SENATOR MARCELLINO: Can we
proceed with the reading of the controversial
calendar.
2416
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
318, by Senator Saland, Senate Print 5042A, an
act to amend the Real Property Tax Law, in
relation to providing a tax exemption.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MORAHAN:
Senator Saland, an explanation has been
requested.
SENATOR SALAND: Thank you, Mr.
President.
Mr. President, this is a bill which
has been requested by resolution of the
Dutchess County legislature. And what it
would do would be to provide for a real
property tax exemption of 10 percent of
assessed value to volunteer firefighters or
volunteer ambulance personnel.
The tax entity that could permit
that exemption could be the county or any of
its cities, towns, or villages. And in order
to qualify, you would have to have been a
member of the fire company or ambulance
2417
company for some five years.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. I thank the sponsor for the
explanation.
I believe there's an amendment at
the desk.
ACTING PRESIDENT MORAHAN: There
is an amendment at the desk.
SENATOR HEVESI: I would request
that its reading be waived, and I'd like to be
heard on the amendment, Mr. President.
ACTING PRESIDENT MORAHAN: The
reading is waived, and we recognize Senator
Hevesi on the amendment.
SENATOR HEVESI: Thank you, Mr.
President. I thank the sponsor for his
explanation.
You know, if I had a nickel for
every one of these bills that we've passed
this session, I'd have a quarter. This is the
fifth time we've done one of these bills. And
I don't know, I'm beginning to think maybe
2418
it's me. Maybe my powers of persuasion aren't
what I thought they would be.
And I'm a little bit confused,
because everybody agrees with the comments
that I've made, and some of the sponsors of
these bills have actually said that they
support Senator Morahan's bill. And I now
sponsor the exact same bill. Nobody has said
that this is a bad idea, and just about
everybody has said, "Yeah, we should do it and
extend it to everybody else." Yet these bills
keep coming, one after the next after the
next.
So again, Mr. President, the
amendment that we have before us would simply
extend this justified, logical, and necessary
incentive, slash, reward to heroic members who
volunteer for volunteer duty and volunteer
ambulance corps and fire departments
throughout the entire state of New York.
And, Mr. President, I'd like to
just suggest that maybe I have failed here.
Because it occurs to me, as I'm thinking why
do we keep seeing these bills, that maybe I
have failed to adequately persuade everybody
2419
that the Morahan bill or my bill is a better
option than this piecemeal approach. And
maybe that's because every time I've spoken on
one of these bills, I've made some brief
comments, I've generally outlined what the
problem is. And maybe that's my fault. Maybe
I need to correct that.
So what I'll do here is I'll give
the benefit of the doubt to when everybody
says this is a good idea, we should do it, and
I'll give the benefit of the doubt and I'll
just have an expectation that we won't see any
more of these and we'll see either no more of
these but hopefully we will see my bill or
Senator Morahan's bill on the calendar soon,
and that will satisfy me. That will be my
expectation.
If that doesn't happen, in order to
redress what I believe is my own failure, I
will take the full opportunity the next time
one of these bills comes on, and I believe we
have two hours on each bill to fully explore
with the members of this house -- and this may
not persuade anybody, but I'll have to give it
a shot -- to fully explore all of the issues,
2420
every single issue having to do with volunteer
firefighters and volunteer ambulance workers
in many, many counties throughout New York
State, particularly in New York City, and get
into a discussion of property taxes and why
it's necessary to offer this incentive. And
we can even talk about elasticity of demand,
whether if you provide these incentives you
will have a requisite increase in the number
of people who are volunteering. And we'll
have a full exploration of that.
I hope it doesn't come to that,
because it seems obvious to everybody that we
need to do this bill, but we don't see that.
So I'll give the benefit of the doubt. And
next time my failure, Mr. President, will be
remedied through my efforts to further impress
upon everybody the need to pass your bill,
Mr. President, and the bill that I also
sponsor.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Hevesi.
Will those senators in agreement
with the amendment please raise your hands.
2421
Announce the results.
THE SECRETARY: Those recorded in
agreement are Senators Breslin, Brown, Connor,
Dollinger, Gentile, Hevesi, L. Krueger,
Montgomery, Onorato, Oppenheimer, Paterson,
A. Smith, and Stachowski.
ACTING PRESIDENT MORAHAN: The
amendment fails.
On the bill, read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Hevesi recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
The Secretary will read.
THE SECRETARY: Calendar Number
590, by Senator Meier, Senate Print 2723, an
act to amend the Vehicle and Traffic Law, in
relation to authorizing.
ACTING PRESIDENT MORAHAN: Read
2422
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
600, by Senator Volker, Senate Print 135, an
act to amend the Civil Practice Law and Rules,
in relation to conducting depositions.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MORAHAN:
Senator Volker, an explanation has been
requested.
SENATOR VOLKER: Mr. President,
this is a bill that passed the Senate last
year by a vote of -- well, I've got it here
someplace -- I think it was 14 negative votes.
In the year before, it passed with two
2423
negative votes, I believe, 56 to 2.
But for the first time, and after
the years that this bill had been in -- it had
been in for three or four years -- the trial
lawyers raised an objection, claimed that it
might be used to -- against certain major
witnesses.
We did some checking on this since
then, by the way. And the concept of this
bill, which was developed by the New York
State Bar Association, and apparently -
although I don't think the Office of Court
Administration was directly involved, but they
are working on legislation relating to
conducting interviews by electronic means.
The concept is that in certain
cases, and I'm sure they'd be very limited
cases, with either the stipulation of the
parties or upon a court order, depositions
could be taken by telephone or other remote
electronic means, to speed up court cases and
to provide -- to avoid the necessity for
additional expenses and things of that nature.
And I don't want to indicate, I
certainly don't want to indicate that maybe
2424
some of the trial lawyers were thinking that
it would drop down some court time. But I've
got to tell you, this legislation seems to me
to be a commonsense approach to something
which I understand, in talking to some
attorneys who do this sort of litigation,
almost all of them believe that it could be
useful on an extremely limited basis.
I think the fear is, very honestly,
is that maybe some judge would make an order
against a major witness, which seems hardly
possible, since the judge would be in a
situation where he could probably overrule if
you could show that there was some major
witness who was being attempted to be deposed
by telephone or by remote means.
I must be honest with you, I really
think this is a good idea. As I say, let me
point out to you that no one opposed this for
a number of years, and the bill was around.
And all of a sudden, last year, this issue
came up. And I think it really came up
because both the Bar Association and the
Office of Court Administration are working on
even more extensive bills in relation to the
2425
use of electronic transfers and of using our
new technology in dealing with some court
cases.
But I think I understand the
objection. I guess my response to those who
say, Well, you might have a major witness
deposed by telephone, even over the objection
of the attorneys, it seems to me that we're
saying that a judge couldn't see through the
necessity for having the vast majority of
people interviewed obviously on the witness
stand or be part of the case itself.
This is in rare cases where you
have people -- I would think mostly
depositions where people, you know, from
faraway places or whatever could be deposed
and save a lot of money for the court and,
frankly, for the attorneys themselves.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MORAHAN:
Senator Dollinger.
2426
SENATOR DOLLINGER: I'm going to
vote against this bill, as I did last year,
Mr. President. I'm not quite sure how the
whole thing works, because I've read the bill
again today, but -
ACTING PRESIDENT MORAHAN: Excuse
me, Senator. Are you explaining your vote?
SENATOR DOLLINGER: I was going
to. I thought the roll had already been
called.
ACTING PRESIDENT MORAHAN: Okay,
we're not on the roll call yet.
SENATOR DOLLINGER: If we aren't,
then, can I just comment on the bill? And
then I'll waive my explanation.
ACTING PRESIDENT MORAHAN: Okay,
on the bill.
SENATOR DOLLINGER: I'm concerned
about giving away the home court advantage
here in New York, quite frankly, Mr.
President.
I've been involved in depositions
with a witness in Argentina, of all places, in
the last three months. And I have to admit we
eventually did it by telephone, but it was
2427
unbelievably cumbersome and difficult.
And the major reason, Senator
Volker, although I understand all the reasons
why this makes some sense, that one of the
great difficulties we had is that we had both
a language problem and, quite frankly, every
time I kept asking questions I kept asking the
notary public who was present in the remote
location: "Is there anybody else in the room
coaching the witness as to what he's
replying?" And I was told no.
But quite frankly, I still don't
believe it, because there would be pauses on
the transcript followed by shuffling of
documents, followed by testimony from the
witness.
I think that this will sort of
change the home court advantage and the rule
of when someone comes into New York, does
business here, they ought to be subject to
suit, they ought to appear for depositions,
they ought to appear for depositions live.
My guess is that routinely, as a
matter of course, whenever there's a witness
from an out-of-state defendant, there'll be an
2428
application of the court to allow telephonic
depositions for the convenience of witnesses.
I think that will, in the long run,
potentially increase the cost, increase the
involvement of the courts and maybe not
achieve the benefits that Senator Volker's
legislation is designed to achieve.
For that reason, and because I
believe that to do business here you should
come here and pay the costs of litigation and
appear here for depositions, I'm going to vote
against this bill, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Dollinger.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Senator DeFrancisco, to explain your vote.
SENATOR DeFRANCISCO: Yes, I'm
voting in the negative.
2429
And a couple of comments. Those
who have actually practiced law and have done
depositions know that one of things you want
to do is to learn about the witness, to see
the witness talk, to see how they operate, to
see how they're likely to testify, to get an
valuation of whether you want to call this
witness or how you cross-examine the witness.
How you could get that information over a
telephone is totally beyond me.
If it's an appropriate case for a
telephonic deposition, the parties can
stipulate to that. But to be forced into one
is wrong.
Now, if there's some insinuation
that the trial lawyers may not be in favor of
this because of additional fees if the
deposition goes on, I don't know. But I don't
know of any plaintiff's attorney who happens
to be called trial lawyers -- defense
attorneys are not trial lawyers, they're just
on the side that's right, apparently -- no
plaintiff's attorneys that I know of ever
delay the case. They want to get them going.
The defense attorneys love to delay, because
2430
the more time it goes, the more you wear out
the other side.
So whatever the rationale is for
this bill, we could do it by stipulation. But
no litigant should be forced to do a
telephonic communication if they're not in
agreement.
ACTING PRESIDENT MORAHAN:
Senator Volker.
SENATOR VOLKER: To explain my
vote.
I'm confused. I must tell you, I
suspect we're talking right over each other
here. This bill really -- all this bill says
is -- and, Senator DeFrancisco, you know
this -- if somebody really wants to delay a
case, one of the ways they could do it is
refuse to stipulate and force the attorney to
find some way to get a deposition from that
person. Which if that person is from out of
state or, as Richard just said, is out of
country, is in a situation where they may not
ever be able to get that person to come in and
testify in the case.
All this bill does is try to say
2431
that you can go before a judge and the
judge -- this happens, by the way, if both
parties won't stipulate. I mean, I guess I'm
a bit confused because it seems to me that
this sets a reasonable middle ground.
And I can't see attorneys -- and
the attorneys that I know of, very few of them
are probably going to stipulate to this stuff
with the other attorney unless they see the
same opportunity they see now, and that is to
force their opponent into a situation where
maybe they can't get any deposition at all.
At least you've got a judge now that can say
"No, you must bring the fellow in."
My personal opinion is I just -- I
agree with you, the both of you, about
personal depositions and about the witnesses
and all that. I just don't think that this
bill is going to interfere with that.
I vote aye.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Volker.
I'm going to ask the senators who
are voting in the negative to raise their
hands at this time.
2432
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Mr.
President, to explain my vote.
I have tremendous respect for
Senator Volker and his sincerity in this. But
I must concur, as a former defense lawyer,
with what Senator DeFrancisco has stated.
We have rules of jurisdiction. We
have rules requiring counsel to be present,
counsel to be admitted in certain states, to
control in some respects where you bring
litigation for the convenience of the
witnesses, for the convenience of the parties.
I have traveled to many exotic places doing
disclosure and discovery, and it's not the
greatest thing, the greatest part of a
lawyer's job.
But it is absolutely clear to me
that getting witnesses to do a live deposition
as soon as possible very often is what brings
a settlement in a case.
And I think that actually this
could end up costing more, running up more
legal fees, dragging cases out more, and
preventing it. Because in my own personal
2433
experience, there's nothing like getting the
other side's main witness in a deposition -
then you know what kind of a problem you've
got.
So I'm voting no, I'm urging people
to vote no. I think that if the parties
stipulate, there's no reason to go beyond
that. And the parties can stipulate at
present. So I vote no and encourage a no
vote.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 600 are
Senators Andrews, Breslin, Brown, Connor,
DeFrancisco, Espada, Hassell-Thompson, Hevesi,
L. Krueger, Lachman, Montgomery, Onorato,
Oppenheimer, Paterson, Sampson, Santiago,
Schneiderman, A. Smith, M. Smith, Stachowski,
Stavisky. Also Senator Dollinger.
Ayes, 38. Nays, 22.
ACTING PRESIDENT MORAHAN: The
2434
bill is passed.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President. May we take up Senate Print
Number 7304, Calendar Number 727.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 727, Senator Stafford moves to
discharge, from the Committee on Finance,
Assembly Bill Number 11186 and substitute it
for the identical Senate Bill Number 7304,
Third Reading Calendar 727.
ACTING PRESIDENT MORAHAN: The
substitution is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
727, by the Assembly Committee on Rules,
Assembly Print Number 11186, an act to amend
Chapter 405 of the Laws of 1999.
ACTING PRESIDENT MORAHAN:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, is there a message of necessity at
the desk?
2435
ACTING PRESIDENT MORAHAN: Yes,
there is.
SENATOR MARCELLINO: I move to
accept the message of necessity.
ACTING PRESIDENT MORAHAN: The
motion is to accept the message of necessity.
All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MORAHAN: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Marcellino.
2436
SENATOR MARCELLINO: Mr.
President, at this time can we take up Senate
Print Number 7305, Calendar Number 728.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 728, Senator Stafford moves to
discharge, from the Committee on Finance,
Assembly Bill Number 11185 and substitute it
for the identical Senate Bill Number 7305,
Third Reading Calendar 728.
ACTING PRESIDENT MORAHAN: The
substitution is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
728, by the Assembly Committee on Rules,
Assembly Print Number 11185, an act making
appropriations for the support of government.
ACTING PRESIDENT MORAHAN:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, is there a message of necessity and
appropriation at the desk?
ACTING PRESIDENT MORAHAN: There
is a message of necessity and appropriation at
2437
the desk.
SENATOR MARCELLINO: Move to
accept the messages of necessity and
appropriation.
ACTING PRESIDENT MORAHAN: The
motion is to accept the messages. All in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
messages are accepted, Senator.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1 -
ACTING PRESIDENT MORAHAN:
Senator Padavan, why do you rise?
SENATOR PADAVAN: When you get
through with the roll call on this bill, if
2438
you have -
ACTING PRESIDENT MORAHAN: Do you
want to speak on this bill, Senator?
SENATOR PADAVAN: No.
ACTING PRESIDENT MORAHAN: The
Secretary will announce the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Padavan.
SENATOR PADAVAN: By unanimous
consent I'd like to be recorded in the
negative on Senate Bill 7304 and Calendar
Number 630, Senate Bill 6413.
ACTING PRESIDENT MORAHAN:
Without objection, Senator Padavan will be
recorded in the negative on Senate Bill 7304
and Senate Bill 6413.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, may we return to the reports of
standing committees. I understand there are
reports of committees at the desk.
2439
ACTING PRESIDENT MORAHAN:
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Leibell,
from the Committee on Civil Service and
Pensions, reports the following bills:
Senate Print 1783A, by Senator
Farley, an act to amend the Retirement and
Social Security Law;
2121, by Senator Kuhl, an act to
amend the Education Law;
3202A, by Senator Farley, an act to
allow;
4608A, by Senator Kuhl, an act
authorizing;
5431B, by Senator Morahan, an act
to amend the Retirement and Social Security
Law;
6103, by Senator Farley, an act to
amend the Retirement and Social Security Law;
6381, by Senator Farley, an act to
amend the Retirement and Social Security Law;
6527, by Senator Kuhl, an act to
authorize;
6849, by Senator Farley, an act to
2440
amend the Retirement and Social Security Law;
6926, by Senator Leibell, an act to
amend the Civil Service Law;
6952, by Senator Farley, an act in
relation;
7141, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
And Senate Print 7215, by Senator
Leibell, an act to amend the Administrative
Code of the City of New York.
All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Without objection, all bills are moved to the
third reading.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, is there any housekeeping at the
desk?
ACTING PRESIDENT MORAHAN: No,
sir.
SENATOR MARCELLINO: There being
no further business, I move we adjourn until
Wednesday, April 24th, at 11:00 a.m. sharp.
ACTING PRESIDENT MORAHAN: On
2441
motion, the Senate stands adjourned until
Wednesday, April 24th, 11:00 a.m.
(Whereupon, at 4:40 p.m., the
Senate adjourned.)