Regular Session - May 18, 2005
2739
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 18, 2005
11 11:05 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, May 17, the Senate met pursuant to
18 adjournment. The Journal of Monday, May 16,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Thank you,
9 Madam President.
10 On behalf of Senator DeFrancisco,
11 on page Number 40 I offer the following
12 amendments to Calendar Number 631, Senate
13 Print Number 4170, and ask that said bill
14 retain its place on Third Reading Calendar.
15 THE PRESIDENT: The amendments
16 are received, and the bill will retain its
17 place on the Third Reading Calendar.
18 SENATOR FUSCHILLO: Thank you.
19 THE PRESIDENT: Senator Skelos.
20 SENATOR SKELOS: Madam President,
21 are there any substitutions to be made at this
22 time?
23 THE PRESIDENT: Yes, there are,
24 Senator.
25 SENATOR SKELOS: If we could make
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1 them, please.
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: On page 4,
5 Senator Hannon moves to discharge, from the
6 Committee on Health, Assembly Bill Number
7 5220, and substitute it for the identical
8 Senate Bill Number 4797, First Report Calendar
9 986.
10 On page 5, Senator Hannon moves to
11 discharge, from the Committee on Health,
12 Assembly Bill Number 6618 and substitute it
13 for the identical Senate Bill Number 5322,
14 First Report Calendar 989.
15 On page 5, Senator Hannon moves to
16 discharge, from the Committee on Health,
17 Assembly Bill Number 6620 and substitute it
18 for the identical Senate Bill Number 5325,
19 First Report Calendar 990.
20 On page 5, Senator LaValle moves to
21 discharge, from the Committee on Finance,
22 Assembly Bill Number 2343 and substitute it
23 for the identical Senate Bill Number 1560A,
24 First Report Calendar 993.
25 On page 5, Senator Nozzolio moves
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1 to discharge, from the Committee on Finance,
2 Assembly Bill Number 4452 and substitute it
3 for the identical Senate Bill Number 3377,
4 First Report Calendar 998.
5 On page 6, Senator Flanagan moves
6 to discharge, from the Committee on Finance,
7 Assembly Bill Number 6504 and substitute it
8 for the identical Senate Bill Number 3650,
9 First Report Calendar 1000.
10 On page 7, Senator Marcellino moves
11 to discharge, from the Committee on Consumer
12 Protection, Assembly Bill Number 3255 and
13 substitute it for the identical Senate Bill
14 Number 2472, First Report Calendar 1012.
15 On page 7, Senator Rath moves to
16 discharge, from the Committee on Consumer
17 Protection, Assembly Bill Number 227 and
18 substitute it for the identical Senate Bill
19 Number 2901, First Report Calendar 1013.
20 On page 9, Senator Volker moves to
21 discharge, from the Committee on Health,
22 Assembly Bill Number 1790 and substitute it
23 for the identical Senate Bill Number 5271,
24 First Report Calendar 1034.
25 On page 10, Senator Alesi moves to
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1 discharge, from the Committee on Environmental
2 Conservation, Assembly Bill Number 2882A and
3 substitute it for the identical Senate Bill
4 Number 3054A, First Report Calendar 1041.
5 On page 11, Senator Robach moves to
6 discharge, from the Committee on
7 Transportation, Assembly Bill Number 787 and
8 substitute it for the identical Senate Bill
9 Number 2768, First Report Calendar 1055.
10 On page 11, Senator Larkin moves to
11 discharge, from the Committee on
12 Transportation, Assembly Bill Number 2156 and
13 substitute it for the identical Senate Bill
14 Number 3206, First Report Calendar 1056.
15 And on page 11, Senator Balboni
16 moves to discharge, from the Committee on
17 Transportation, Assembly Bill Number 2915A and
18 substitute it for the identical Senate Bill
19 Number 3575A, First Report Calendar 1057.
20 THE PRESIDENT: Substitutions
21 ordered.
22 Senator Skelos.
23 SENATOR SKELOS: Madam President,
24 if we could return to reports of standing
25 committees, I believe there's a report of the
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1 Finance Committee at the desk.
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: Senator Johnson,
5 from the Committee on Finance, reports the
6 following nomination:
7 As Superintendent of Insurance,
8 Howard D. Mills, of Goshen.
9 THE PRESIDENT: Senator Johnson.
10 SENATOR JOHNSON: Move the
11 nomination.
12 THE PRESIDENT: Senator Seward.
13 SENATOR SEWARD: Yes, Madam
14 President. I'm very pleased to rise in
15 support of Howard Mills to be named and
16 confirmed by this body to be our
17 Superintendent of Insurance in New York State.
18 And first of all, I just want to
19 congratulate the Governor for making an
20 outstanding nomination in Howard Mills. You
21 know, even though Howard has been known to
22 many, many people through his record of local
23 government service down in Orange County, a
24 member of the New York State Assembly,
25 statewide candidate for office, but in the
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1 insurance world, when he was nominated by the
2 Governor to be superintendent, in much of the
3 insurance world it was "Howard who?"
4 But that very quickly, very quickly
5 changed. Because the way that Howard Mills,
6 as acting superintendent, has dove right into
7 the very complex insurance issues facing this
8 state -- and across the country, for that
9 matter -- there's no question that he
10 possesses very much a command of the insurance
11 issues, a very keen grasp of some of the
12 complex regulatory problems facing the
13 insurance world.
14 He's been very available and
15 accessible, traveling this state, talking with
16 all of the stakeholders involved in the
17 insurance issues, and has certainly been very
18 available and accessible to the members of the
19 Legislature these past four months that he has
20 been acting superintendent.
21 Very importantly, Howard Mills has
22 looked out for New York State's interests at
23 the national level, in Washington, through his
24 support for the Terrorism Risk Insurance Act,
25 TRIA. Very, very important that Congress
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1 renews this. Howard has been down in
2 Washington, fighting for this and for
3 New York's interests. He has been fighting
4 for state regulation of insurance in all the
5 discussions involving the SMART Act.
6 And I think there's no question
7 Howard has the best interests of the people of
8 this state, all of whom are insurance
9 consumers, as he carries out his duties.
10 Just one quick example. We've been
11 working very hard to help bring down auto
12 insurance rates, and we've seen a number of
13 announcements of auto insurance rate
14 reductions in this state because of the good
15 work of the Insurance Department under
16 Howard's leadership and those of his
17 predecessor, Greg Serio.
18 So the people of this state are
19 already benefiting from Howard's leadership at
20 the Insurance Department. And we look forward
21 to many more months and years of his
22 leadership at that department on behalf of the
23 people of the State of New York.
24 So this is a great day, and I'm
25 very pleased that it's finally arrived. And I
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1 just want to congratulate Howard, his wife,
2 Erin, and his family. It's a proud day for
3 you, and it's really a proud day for all of
4 us.
5 So, Madam President, I'm very
6 pleased to stand in support of this
7 confirmation.
8 THE PRESIDENT: Senator Maziarz.
9 SENATOR MAZIARZ: Thank you very
10 much, Madam President.
11 I want to join my colleague Senator
12 Seward in congratulating Governor Pataki on a
13 great appointment.
14 Howard, I've known him since he's
15 been here in Albany as a member of the
16 Assembly. I worked with him very closely last
17 year, and he had the occasion to travel around
18 the state a great deal. And he did -- has
19 always done a commendable job regardless of
20 the task.
21 And Senator Seward talked about
22 some of the issues that Howard has tackled
23 already. Just in his brief tenure as acting
24 commissioner, I've been in contact with him,
25 my office, several times on issues involving
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1 the Insurance Department, and Howard has been
2 there. He's going to be a great commissioner.
3 It's a very good appointment.
4 Howard, congratulations to you and
5 your family. We realize the insurance
6 industry in the State of New York is in a
7 state of flux, is challenging right now, and I
8 could not any think of a better person to
9 tackle those challenges.
10 Thank you, Madam President.
11 THE PRESIDENT: Senator Winner.
12 SENATOR WINNER: Thank you, Madam
13 President.
14 I rise to support the nomination of
15 Howard Mills for Superintendent of Insurance.
16 And I'm delighted to see him here today with
17 his wife, Erin.
18 Howard and I were very good friends
19 in the New York State Assembly, serving
20 together. And while I cannot with the same
21 amount of eloquence and particularity testify
22 as to his attributes for Superintendent of
23 Insurance, I know that the reports that I get
24 are that he is doing a terrific job and will
25 continue to do a terrific job.
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1 But I can say that as a colleague
2 in the New York State Assembly, Howard was
3 just an absolutely outstanding member of the
4 Legislature, dedicated to his constituents,
5 and did a fine, fine job in support of the
6 conference that I served in for many, many
7 years.
8 And for those reasons, knowing that
9 Howard has an outstanding character, he really
10 proved himself to be quite a spectacular
11 individual when he was campaigning for
12 statewide office. There were people were
13 impressed from one end of this state to the
14 other by his character and abilities. And to
15 that extent, I know he's going to bring those
16 abilities and character to his position as
17 Superintendent of Insurance.
18 And I wholeheartedly support his
19 nomination and hope that he will receive
20 unanimous support in this body thank you.
21 THE PRESIDENT: Senator Onorato.
22 SENATOR ONORATO: Madam
23 President, I rise to join my colleagues in
24 seconding the nomination of Howard Mills for
25 the Superintendent of Insurance.
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1 Senator Wright indicated earlier on
2 that his name was brought about that when his
3 name was brought about that they said, "Howard
4 who?"
5 Well, "Howard who" came to the
6 Insurance Committee and he got off to a
7 running start by giving a lesson indicating
8 his knowledge of the background of insurance.
9 He served on the Insurance Committee in the
10 Assembly. And during the first four months as
11 an acting superintendent, he showed a great
12 deal of knowledge in grasping the issues that
13 are facing us in the insurance world today.
14 And I know that he's going to do an
15 excellent job, because I had the pleasure of
16 traveling with him to Italy with his wife
17 Erin. And his wife ensured that we had a
18 wonderful, wonderful trip.
19 And I'm sure he's going to lend the
20 same expertise to making sure that the people
21 of the State of New York are going to be
22 equally happy that he's come board the
23 Insurance Department to lead us into greater
24 and higher awards.
25 Congratulations, Howard. And you
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1 and your wife, the best of health.
2 THE PRESIDENT: Senator Bonacic.
3 SENATOR BONACIC: Thank you,
4 Madam President.
5 First of all, I'd like to welcome
6 Erin, Howard's parents, Howard and his mom --
7 mom and dad -- Pat.
8 I don't want to tell you how old I
9 am, but I go back when Howard was a teenager.
10 And Howard has a brother and a sister. And
11 his dad, I think, who was in real estate and
12 development, I think he always wanted Howard
13 to succeed him in this area, be an
14 entrepreneur and make money.
15 And I can tell you, very rarely as
16 a teenager do you find teenagers that are
17 interested in public service. But this
18 gentleman, from a very early age, loved public
19 service. And he went to college, got his
20 degrees, and he never deviated from the
21 mission of public service.
22 He ran, successful supervisor in
23 Wallkill, successful Assemblyman, exercised
24 himself in leadership positions. And now here
25 he is, going to be our Commissioner of
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1 Insurance.
2 I stand in support and in
3 congratulations. Howard, they're going to say
4 all nice things about you today. But once
5 you're the commissioner, if you do anything
6 wrong, they're going to come after you.
7 (Laughter.)
8 SENATOR BONACIC: But even as
9 acting commissioner, he has already made a
10 mark. Insurance companies have been lowering
11 their rates. He interceded in an impasse in
12 Bon Secours and Blue Shield/Blue Cross to keep
13 negotiations going, making sure there was
14 continued health coverage for thousands and
15 thousands of people in the mid-Hudson area.
16 So we have a very dedicated public
17 servant, a very talented individual,
18 intelligent. I know he will do a wonderful
19 job.
20 And we wish you the best in your
21 future endeavors, Howard. Thank you.
22 Thank you, Madam President.
23 THE PRESIDENT: Senator Morahan.
24 SENATOR MORAHAN: Thank you,
25 Madam President.
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1 I rise to join the chorus of
2 support for Howard Mills, our new
3 Superintendent of Insurance. I've known
4 Howard since he was the supervisor of the Town
5 of Wallkill. Very bright, aggressive,
6 energetic young man who I believe will serve
7 and I'm convinced he will serve both the
8 people of the State of New York and the
9 insurance industry well.
10 And I want to join Senator
11 Bonacic's remarks regarding Bon Secours and
12 Empire Blue Cross, to make sure that that
13 negotiation between the hospitals continues so
14 that we can have good health care for so many
15 people in the Hudson area.
16 Howard, I wish you all the very
17 best. I wish you the best, Erin and your
18 parents, Howard Sr. and Mrs. Mills, as you go
19 off into this new assignment, carrying with
20 you the traits that you have grown up with
21 which is honesty, fairness, and energy and
22 industry. So the very best to you.
23 And I support the nomination of
24 Commissioner Mills.
25 THE PRESIDENT: Senator Breslin.
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1 SENATOR BRESLIN: Thank you,
2 Madam President.
3 I echo the remarks of my
4 colleagues, in particular Senator Seward and
5 Senator Onorato.
6 I spoke at the Insurance Committee
7 meeting and also at the Finance Committee
8 meeting that all of us have been so impressed
9 at the ability of Acting Superintendent, soon
10 to be Superintendent Mills in getting up to
11 speed on very complex issues, issues that I
12 believe are critically important to the State
13 of New York, and taking those issues and being
14 accessible to us in the Senate, and I'm sure
15 the Assembly, but on both sides of the aisle.
16 His response time is just what we
17 need here, and I'm sure that response time is
18 even better to consumers.
19 So I applaud the Governor in
20 choosing Howard Mills. I look forward to
21 working with him in the coming years.
22 Congratulations, Howard, and
23 congratulations to your family.
24 THE PRESIDENT: Senator Larkin.
25 SENATOR LARKIN: Thank you, Madam
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1 President.
2 Howard, it's been a long road, but
3 finally the day is here.
4 Those of you who knew Howard in the
5 Assembly, or you've met him on the trail last
6 campaign, or you've had the privilege of
7 working with him in the four months that he's
8 been in the department, you found out one
9 thing about Howard Mills. Howard Mills,
10 number one, is a team player.
11 Howard Mills is a hard study and a
12 fast learner. I've had the privilege of
13 knowing Howard for many years. He's been my
14 constituent for a heck of a long time. But I
15 always noticed that Howard always wanted to be
16 a partner, and he knew what role had to be
17 played and how to play it.
18 I've had businesses in my community
19 that I've asked Howard to call because of some
20 high-technical thing in the insurance
21 industry. Their remarks were very simple:
22 He's an individual who takes time, who listens
23 and helps you solve the problem.
24 But then again, if you look at
25 Howard since he first got into politics, I
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1 said at the Finance meeting, one time I was in
2 Washington at a meeting and Howard was working
3 for then our Congressman Ben Gilman, and Ben
4 said to me, "Can you find me two more Howards?
5 And I can get rid of ten people." Because he
6 was so keen on what the responsibility of the
7 Congressman's office were. He spent untold
8 hours, not for Howard Mills, but for the
9 office he was representing and the person.
10 When he became a town councilman,
11 you could always make sure that that district
12 that Howard represented had full access to
13 him, day or night. Became the town
14 supervisor, he did an outstanding job as town
15 supervisor. Became an Assemblyman, did the
16 same thing.
17 Howard Mills has helped us in the
18 past four months on such critical issues as
19 backstop, TRIA, and now, most recently, the
20 SMART Act, which Congress is trying to pass.
21 And I want to thank him publicly for going to
22 Washington and telling Senators Schumer and
23 Clinton and our congressional delegation of
24 the impact that this will have on our state.
25 Consequently, some people now are
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1 taking a second look. Now Howard has
2 convinced the National Association of
3 Insurance Commissioners that they were down
4 the wrong path, and they're joining him.
5 It's an honor and a privilege to
6 stand here and second your nomination, because
7 I know we, the people of the State of
8 New York, will be better served because we
9 nominated and accepted an individual who's a
10 totally committed individual.
11 And, Erin, you take all the credit
12 for what he's done. Mr. and Mrs. Mills,
13 you've raised a super son. Congratulations.
14 THE PRESIDENT: Senator Libous.
15 SENATOR LIBOUS: Madam President,
16 I too want to join my colleagues in speaking
17 on this nomination.
18 And, Howard, I only wish that all
19 of those who work in state government
20 approached it with the enthusiasm and
21 excitement as you have this position.
22 As my colleagues have said, you
23 know, and others, I sat through both the
24 Insurance Committee and the Finance Committee,
25 listened to the comments made from both sides
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1 of the aisle. They talked about not only his
2 dedication, his commitment, his responsiveness
3 to the consumer, his responsiveness to
4 colleagues here, but also the fact that he has
5 a tremendous grasp of the issues and he's done
6 it so quickly.
7 Unfortunately, there are people in
8 the media who from time to time think because
9 if one holds elective office, they're not
10 qualified to do anything else. Howard, thank
11 you for proving that wrong. And there's hope
12 for the rest of us someday.
13 (Laughter.)
14 SENATOR LIBOUS: But I just want
15 to say to the Governor's choice here, it is
16 outstanding.
17 And I know that next week Howard
18 will be joining me in Binghamton, and I will
19 be very proud to introduce you as the new
20 Superintendent of the Insurance Department.
21 THE PRESIDENT: Senator Nozzolio.
22 SENATOR NOZZOLIO: Thank you,
23 Madam President.
24 I rise to associate myself with all
25 the fine comments made this morning about the
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1 new Superintendent of Insurance, a former
2 colleague of ours, one who served with great
3 distinction in the New York Assembly.
4 I've gotten to know him through the
5 years and am extremely impressed with his
6 energy, his ability to articulate and
7 understand important and complex issues, his
8 desire to expand business in New York and grow
9 jobs at the same time, though ideally suited
10 for this position because he understands the
11 need of New York consumers.
12 Howard Mills is an excellent
13 choice. I praise Governor Pataki for making
14 it. I'm very pleased with all the bipartisan
15 great comments made about him. An excellent
16 appointment, one I know we'll all be proud of
17 in this new capacity.
18 I'm proud to know him proud, to be
19 his friend, and, Madam President, look forward
20 to casting this vote in unanimous support of
21 his candidacy.
22 Thank you.
23 THE PRESIDENT: Senator Farley.
24 SENATOR FARLEY: Thank you, Madam
25 President.
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1 Senator Seward has given me
2 permission to speak about the Insurance
3 Superintendent.
4 (Laughter.)
5 SENATOR FARLEY: But let me just
6 say that Howard Mills, I got to know him
7 mostly as he was going around the state
8 running in a very difficult race. He was
9 enthusiastic. He never lost focus. Everybody
10 that heard him speak thought he was one of the
11 finest speakers that had ever come to some of
12 my counties.
13 You know, it was interesting to
14 watch this young man as he came into the
15 Assembly and he rose in leadership like a
16 rocket because of how he is respected by his
17 colleagues.
18 You're taking on one of the most
19 difficult jobs in government, in my judgment,
20 in the Insurance Department. And as
21 superintendent, there's been a lot of problems
22 and so forth in the insurance area. But I'm
23 confident that the Governor has made a
24 terrific appointment in this rising star.
25 And we haven't heard the last from
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1 him. He's coming on to do a lot of great
2 things in the future.
3 Howard, we're very proud of you.
4 Congratulations to you and your family on this
5 appointment.
6 THE PRESIDENT: Senator
7 DeFrancisco.
8 SENATOR DeFRANCISCO: Thank you,
9 Madam President.
10 I don't want to repeat my remarks
11 that I made in the Finance Committee. But --
12 and I wish I could quote the quote from
13 Theodore Roosevelt.
14 I'll just say this, that Acting
15 Superintendent Mills has been extremely
16 responsive to the letters that I sent him on
17 behalf of my constituents, and I'm sure that
18 will continue.
19 I'm also extremely confident that
20 he will hear those remarks of then Governor
21 Roosevelt ringing in his ears every time he's
22 doing something on behalf of consumers in the
23 state. I'm certain, based upon his sense of
24 fairness, that he will protect the consumers
25 of our state and make sure that the Insurance
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1 Department works for all in the State of
2 New York.
3 I'm very, very happy to rise in
4 support of his nomination.
5 THE PRESIDENT: Senator
6 Stachowski.
7 SENATOR STACHOWSKI: Madam
8 President, I too am thrilled to stand up and
9 second the nomination of Howard Mills.
10 I think that he made a great
11 presentation in both committees, of which I
12 sit on. And Senator Larkin is absolutely
13 correct, he is a quick learner. Because he
14 was not nearly as lengthy in Finance as he was
15 in Insurance, so that everybody was much more
16 happy with him.
17 (Laughter.)
18 SENATOR STACHOWSKI: And the fact
19 is, he showed a great depth of knowledge and
20 an awareness of problems that people have with
21 constituents. And so that the openness that
22 we think we'll have with his office that we
23 usually didn't have before is going to be a
24 nice breath of fresh air.
25 And I'm sure he's going to go a
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1 great job, and I congratulate the Governor on
2 this appointment.
3 THE PRESIDENT: Senator Young.
4 SENATOR YOUNG: Thank you very
5 much.
6 And I'm just so proud today to rise
7 in support of my former colleague Howard
8 Mills.
9 Howard and I were first elected in
10 1998 to the New York State Assembly together,
11 and so we were classmates. And I know
12 firsthand all of the wonderful work that
13 Mr. Mills was able to accomplish in the State
14 Assembly. He truly was a leader there. He
15 worked very, very hard. He did an excellent
16 job.
17 And his energy, enthusiasm, ability
18 to get things done really is a tremendous
19 asset to the people of New York State. I'm so
20 glad that he's going to be serving in his new
21 capacity, because he will do a very fine job.
22 So I commend Mr. Mills and really
23 look forward to working with him in a new
24 capacity.
25 Erin, hello, it's great to see you.
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1 Mr. and Mrs. Mills, it's great to see you too.
2 But I'm just so proud today of what
3 he's been able to accomplish and the fact that
4 he will be serving in this new capacity for
5 the people of New York State.
6 THE PRESIDENT: Senator Meier.
7 SENATOR MEIER: Thank you, Madam
8 President.
9 Howard, I'm really glad that Erin
10 and your parents are here because they can
11 hear firsthand that you are that rarest of a
12 breed in Albany, and that is a person about
13 which no one has anything bad to say.
14 And if you listen to the consistent
15 theme in all of these remarks here today, they
16 talk about your hard work, your integrity,
17 your refusal to back down in the face of
18 difficult challenges, a realization that runs
19 through your entire public career that our
20 jobs are not about us but about the people who
21 expect us to serve them.
22 You give public service a good
23 name, and Governor Pataki has given public
24 service a good name by appointing you
25 Superintendent of Insurance.
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1 Best wishes with your duties.
2 THE PRESIDENT: Senator Leibell.
3 SENATOR LEIBELL: Thank you,
4 Madam President.
5 And, Howard, I want to echo the
6 comments that all of our colleagues have made
7 here in a bipartisan fashion.
8 You are taking over one of the most
9 difficult and complex assignments we have in
10 state government. And I want to congratulate
11 Governor Pataki on submitting your name.
12 I've had the chance to work with
13 you over many years now, certainly as a member
14 of the State Legislature and now as the acting
15 superintendent and soon to be superintendent.
16 You have done a tremendous job. You are more
17 than a quick study. You have taken, as I
18 said, one of our most complex and difficult
19 areas and have mastered it.
20 So I look forward to working with
21 you. I congratulate you for all your hard
22 work. And as a son of the Hudson Valley, you
23 know we're all proud of you.
24 THE PRESIDENT: Senator Skelos.
25 SENATOR SKELOS: Thank you, Madam
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1 President.
2 Howard, I want to wish my best of
3 luck to you, on behalf of myself but also on
4 behalf of Senator Bruno, who unfortunately
5 cannot be in the chamber right now.
6 This is a great appointment. But I
7 think what's significant about it from a
8 member's point of view, you've been there.
9 You've served in the Assembly, you understand
10 the pressures that we are put under, the needs
11 that we have as individual legislators to
12 serve our constituents.
13 And I think that's a very positive
14 note in your appointment, that you understand
15 the legislative process. You're going to
16 fully understand, as obviously you do already,
17 the importance of your office.
18 I think the Governor has made just
19 an absolutely excellent, excellent
20 appointment. I know that Senator Bruno feels
21 that way, all of our colleagues on a
22 bipartisan basis.
23 So I can congratulate you and Erin.
24 And of course I know how proud your parents
25 are. And I see your father looking over
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1 there; we can see where you get your good
2 looks from.
3 (Laughter.)
4 THE PRESIDENT: Thank you,
5 Senator Skelos.
6 Superintendent Mills is here this
7 morning with his wife, Erin, and with his
8 mother and father, Howard and Pat.
9 Best wishes to you, Howard, as my
10 friend and colleague. And I've seen your
11 excellence, your dedication in all the
12 challenges you've had thus far. There's no
13 question the Governor made the right choice.
14 And you will also achieve excellence in your
15 new job.
16 The question now is on the
17 resolution. All in favor please signify by
18 saying aye.
19 (Response of "Aye.")
20 THE PRESIDENT: Opposed, nay.
21 (No response.)
22 THE PRESIDENT: The nominee is
23 hereby confirmed. Congratulations and best
24 wishes, Superintendent Mills.
25 (Applause.)
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1 THE PRESIDENT: Senator Skelos.
2 SENATOR SKELOS: Madam President,
3 there's a Resolution 1940 at the desk by
4 Senator Sampson. Could we have the title read
5 and move for its immediate adoption.
6 THE PRESIDENT: The Secretary
7 will read.
8 THE SECRETARY: By Senator
9 Sampson, Legislative Resolution Number 1940,
10 commemorating the 159th Anniversary of Saint
11 Paul's United Methodist Church, to be
12 celebrated on May 22, 2005.
13 THE PRESIDENT: On the
14 resolution, all in favor please signify by
15 saying aye.
16 (Response of "Aye.")
17 THE PRESIDENT: Opposed, nay.
18 (No response.)
19 THE PRESIDENT: The resolution is
20 adopted.
21 Senator Skelos.
22 SENATOR SKELOS: Madam President,
23 there's a Resolution 1941 at the desk by
24 Senator Leibell. Could we have the title read
25 and move for its immediate adoption.
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1 THE PRESIDENT: The Secretary
2 will read.
3 THE SECRETARY: By Senator
4 Leibell, Legislative Resolution Number 1941,
5 honoring Barbara Mullaney upon the occasion of
6 her retirement after 30 distinguished years as
7 an educator.
8 THE PRESIDENT: Senator Skelos.
9 SENATOR SKELOS: Move to adopt
10 the resolution.
11 THE PRESIDENT: On the
12 resolution, all in favor please signify by
13 saying aye.
14 (Response of "Aye.")
15 THE PRESIDENT: Opposed, nay.
16 (No response.)
17 THE PRESIDENT: The resolution is
18 adopted.
19 Senator Skelos.
20 SENATOR SKELOS: If we could go
21 to the noncontroversial reading of the
22 calendar.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: Calendar Number
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1 222, by Senator LaValle, Senate Print 30A, an
2 act relating to contracts for education.
3 SENATOR LaVALLE: Lay it aside
4 for the day.
5 THE PRESIDENT: The bill is laid
6 aside for the day.
7 THE SECRETARY: Calendar Number
8 296, by Senator Farley, Senate Print 2856, an
9 act to amend the Banking Law, in relation to
10 unauthorized entities.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 5. This
14 act shall take effect on the 30th day.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 55.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 297, by Senator Farley, Senate Print 2857, an
22 act to amend the Banking Law, in relation to
23 the powers of banks.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 307, by Senator Maziarz, Senate Print 211A, an
10 act to amend the Real Property Law, in
11 relation to requiring.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 120th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 308, by Senator Nozzolio, Senate Print 506, an
23 act to amend the Public Housing Law, in
24 relation to the members of the Geneva Housing
25 Authority.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 377, by Senator Fuschillo, Senate Print 1430B,
12 an act to authorize the French-Speaking
13 Baptist Church.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 55. Nays,
21 1. Senator Bonacic recorded in the negative.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 430, by Senator Wright, Senate Print 2978A, an
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1 act in relation to transportation contracts.
2 THE PRESIDENT: There is a local
3 fiscal impact note at the desk.
4 Read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 56.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 485, by Senator Hannon, Senate Print 2563, an
14 act to amend the Vehicle and Traffic Law, in
15 relation to persons authorized.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE PRESIDENT: Senator Duane, to
23 explain your vote.
24 SENATOR DUANE: Yes, Madam
25 President.
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1 This bill deals with the drawing of
2 blood. And I know that for some, that's a
3 very scary thing to address. You know, not so
4 much in this body anymore, but, tragically, in
5 the other house, where my friends in the
6 Assembly and people who work over there don't
7 really seem to understand how it is that HIV
8 is contracted.
9 Because it's not easy to contract
10 HIV. In fact, it's close to impossible to get
11 HIV during the normal course of action during
12 employment.
13 The New York State Department of
14 Health Regulation 6310 states that there are
15 three factors necessary to create a
16 significant risk of contracting or
17 transmitting HIV infection. They are: The
18 presence of significant risk body substance; a
19 circumstance which constitutes significant
20 risk for transmitting or contracting HIV
21 infection; and the presence of an infectious
22 source and a noninfected person.
23 "Significant risk body substances"
24 are blood, semen, vaginal secretions, breast
25 milk, tissue and the following body fluids:
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1 Cerebrospinal, amniotic, peritoneal, synovial,
2 pericardial, and pleural.
3 Circumstances which constitute --
4 these are the circumstances which constitute
5 "significant risk of transmitting or
6 contracting HIV infection": Sexual
7 intercourse -- that is, vaginal, anal, oral --
8 which exposes a noninfected individual to
9 blood, semen or vaginal secretions of an
10 infected individual; sharing of needles and
11 other paraphernalia used for preparing and
12 injecting drugs between infected and
13 noninfected individuals; the gestation,
14 birthing or breast-feeding of an infant when
15 the mother is infected with HIV; transfusion
16 or transplantation of blood, organs or other
17 tissues from an infected to an uninfected
18 individual, provided such blood, organs or
19 other tissues have not tested conclusively for
20 antibody or antigen and not been rendered
21 noninfective by heat or chemical treatment;
22 other circumstances during which a significant
23 risk body substance (other than breast milk)
24 of an infected individual contacts mucous
25 membranes -- that is, in the eyes, nose or
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1 mouth -- nonintact skin (for instance, open
2 wounds, skin with a dermatitis condition,
3 abraded areas), or the vascular system of a
4 noninfected person. Such circumstances
5 include but are not limited to needlestick or
6 puncture wound injuries and direct saturation
7 or permeation of these body surfaces by the
8 infectious body substance.
9 Circumstances that involve
10 "significant risk" shall not include -- so the
11 following are not significant risk -- exposure
12 to urine, feces, sputum, nasal secretions,
13 saliva, sweat, tears or vomitus that does not
14 contain blood that is visible to the naked
15 eye; human bites where there is no direct
16 blood-to-blood or blood-to-mucous-membrane
17 contact; exposure of intact skin to blood or
18 any other body substance; or occupational
19 settings where individuals use scientifically
20 accepted barrier techniques and preventive
21 practices in circumstances which would
22 otherwise pose a significant risk and such
23 barriers are not breached and remain intact.
24 You know, I am constantly amazed
25 that in this day and age -- what is it now,
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1 more than 20 years into the AIDS crisis --
2 that there are people, and I'm talking
3 predominantly about the other house or
4 their -- or other people who work over there,
5 who would put forward the impression that you
6 could get HIV-infected by casual contact.
7 I'm going to vote yes on this bill,
8 Madam President, in the hopes that there's
9 some education which has taken place in the
10 Capitol today.
11 Thank you, Madam President.
12 THE PRESIDENT: You will be so
13 recorded as voting in the affirmative.
14 The Secretary will announce the
15 results.
16 THE SECRETARY: Ayes, 56.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 512, by Senator Winner, Senate Print 3222, an
21 act to amend the Tax Law, in relation to the
22 imposition of sales and compensating use
23 taxes.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 584, by Senator Padavan, Senate Print 3485, an
10 act to amend the Private Housing Finance Law,
11 in relation to rehabilitation loans.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 586, by Senator Bonacic, Senate Print 4062, an
23 act to amend the Private Housing Finance Law,
24 in relation to the farmworker housing.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 56.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 591, by Senator DeFrancisco, Senate Print 46,
11 an act to amend the Real Property Law, in
12 relation to real estate brokers.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 56.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 635, by Senator Leibell, Senate Print 2233A,
24 an act to amend the Highway Law, in relation
25 to the designation of the Hudson Valley
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1 POW/MIA Memorial Highway.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 56.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 689, by Senator Larkin, Senate Print 1397A, an
13 act to amend the Agriculture and Markets Law,
14 in relation to including fermented
15 agricultural products.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 13. This
19 act shall take effect on the 180th day.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 55. Nays,
23 1. Senator Padavan recorded in the negative.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 718, by Senator Farley, Senate Print 2159, an
3 act to amend the Civil Rights Law, in relation
4 to the confidentiality of certain personnel
5 records.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 54. Nays,
13 2. Senators DeFrancisco and Duane recorded in
14 the negative.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 725, by Senator Golden, Senate Print 3433 --
19 SENATOR ONORATO: Lay the bill
20 aside.
21 THE PRESIDENT: The bill is laid
22 aside.
23 SENATOR SKELOS: Lay it aside for
24 the day, please.
25 THE PRESIDENT: The bill is laid
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1 aside for the day.
2 THE SECRETARY: Calendar Number
3 744, by Senator Little, Senate Print 3842, an
4 act to authorize the Town of Burke, in the
5 County of Franklin, to increase the amount of
6 the veterans real property tax exemption.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 56.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 836, by Senator Skelos, Senate Print 4361, an
18 act to amend Chapter 318 of the Laws of 2004
19 authorizing a certain joint venture.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 56.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 841, by Senator LaValle, Senate Print 684, an
6 act to amend the Education Law, in relation to
7 due process requirements.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 56.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 932, by Member of the Assembly Tokasz,
19 Assembly Print Number 876, an act to amend the
20 Local Finance Law, in relation to financing
21 demolition.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 56.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 933, by Senator Morahan, Senate Print 844, an
8 act to authorize the County of Rockland.
9 THE PRESIDENT: There is a
10 home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 56.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 965, by Member of the Assembly Cahill,
21 Assembly Print Number 7625A, an act to enact
22 the "Flood Assessment Relief Act of 2005."
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 965 are
6 Senators DeFrancisco and Marcellino.
7 Ayes, 54. Nays, 2.
8 THE PRESIDENT: The bill is
9 passed.
10 Senator Skelos, that completes the
11 reading of the calendar.
12 SENATOR SKELOS: Thank you, Madam
13 President.
14 If we could return to motions and
15 resolutions, I believe there's a resolution at
16 the desk by Senator Larkin. Could we have the
17 title read and move for its immediate
18 adoption.
19 THE PRESIDENT: Motions and
20 resolutions.
21 The Secretary will read.
22 THE SECRETARY: By Senator
23 Larkin, Legislative Resolution Number 1942,
24 commemorating the 115th Anniversary of Saint
25 Cabrini Home in West Park, New York, to be
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1 celebrated on May 20 and 22, 2005.
2 THE PRESIDENT: On the
3 resolution, all in favor please signify by
4 saying aye.
5 (Response of "Aye.")
6 THE PRESIDENT: Opposed, nay.
7 (No response.)
8 THE PRESIDENT: The resolution is
9 adopted.
10 Senator Skelos.
11 SENATOR SKELOS: Is there any
12 further business to come before the Senate?
13 THE PRESIDENT: No, there is not.
14 SENATOR SKELOS: There being no
15 further business, I move we stand adjourned
16 until Monday, May 23rd, at 3:00 p.m.,
17 intervening days being legislative days.
18 THE PRESIDENT: Upon motion, the
19 Senate now stands adjourned until Monday,
20 May 23rd, 3:00 p.m., intervening days being
21 legislative days.
22 (Whereupon, at 11:51 a.m., the
23 Senate adjourned.)
24
25
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