Regular Session - March 14, 2007
1453
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 14, 2007
11 11:01 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting 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 ACTING PRESIDENT GRIFFO: The
3 Senate will 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 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I would ask everyone to bow
11 their heads for a moment of silent prayer.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT GRIFFO: The
15 reading of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, March 13, the Senate met pursuant to
18 adjournment. The Journal of Monday, March 12,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT GRIFFO: 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 I recognize Senator Bonacic.
8 SENATOR BONACIC: Thank you,
9 Mr. President.
10 This is to amend a bill on the
11 calendar third reading. On page number 16 I
12 offer the following amendments to Calendar
13 Number 209, Senate Print Number 1091, and ask
14 on behalf of Senator Saland that the bill
15 retain its place on the Third Reading
16 Calendar.
17 ACTING PRESIDENT GRIFFO: The
18 amendments are received and adopted, and the
19 bill will retain its place on the Third
20 Reading Calendar.
21 SENATOR BONACIC: Thank you.
22 ACTING PRESIDENT GRIFFO: Senator
23 Skelos.
24 SENATOR SKELOS: Mr. President,
25 if we could adopt the Resolution Calendar at
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1 this time.
2 ACTING PRESIDENT GRIFFO: All in
3 favor of adopting the Resolution Calendar
4 signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT GRIFFO:
7 Opposed.
8 (No response.)
9 ACTING PRESIDENT GRIFFO: The
10 Resolution Calendar is adopted.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 there will be an immediate meeting of the
14 Rules Committee in the Majority Conference
15 Room, and the Senate will stand at ease.
16 ACTING PRESIDENT GRIFFO:
17 Announce an immediate meeting of the Rules
18 Committee in the Majority Conference Room,
19 Room 332.
20 The Senate will stand at ease.
21 (Whereupon, the Senate stood at
22 ease at 11:04 a.m.)
23 (Whereupon, the Senate reconvened
24 at 11:10 a.m.)
25 ACTING PRESIDENT GRIFFO: Senate
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1 is in session.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 if we could return to reports of standing
5 committees, there's a report of the Rules
6 Committee at the desk. I ask that it be read
7 at this time.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: Senator Bruno,
11 from the Committee on Rules, reports the
12 following bill directly to third reading:
13 Senate Print 1584A, by Senator
14 Libous, an act to establish the "Flood
15 Assessment Relief Act of 2007."
16 SENATOR SKELOS: Move to accept
17 the report of the Rules Committee.
18 ACTING PRESIDENT GRIFFO: All in
19 favor of accepting the report of the Rules
20 Committee signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT GRIFFO:
23 Opposed.
24 (No response.)
25 ACTING PRESIDENT GRIFFO: The
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1 Rules report is accepted.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 if we could go to the noncontroversial reading
5 of the calendar.
6 ACTING PRESIDENT GRIFFO: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 99, by Senator Maziarz, Senate Print 1630, an
10 act to amend Part E2 of Chapter 62 of the Laws
11 of 2003.
12 ACTING PRESIDENT GRIFFO: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 40.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 137, by Senator Morahan, Senate Print 2442, an
24 act to amend the General Business Law, in
25 relation to prohibiting.
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1 ACTING PRESIDENT GRIFFO: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 30th day.
5 ACTING PRESIDENT GRIFFO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 40.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 204, by Senator Young, Senate Print 365, an
13 act to amend the Highway Law, in relation to
14 permitting.
15 ACTING PRESIDENT GRIFFO: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 40.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 208, by Senator Marcellino, Senate Print 619,
2 an act to amend the Vehicle and Traffic Law,
3 in relation to the enforcement of the offense
4 of operating a motor vehicle with a suspended
5 license.
6 ACTING PRESIDENT GRIFFO: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the first of
10 November.
11 ACTING PRESIDENT GRIFFO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 39. Nays,
15 1. Senator Duane recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 211, by Senator Farley, Senate Print 1241, an
20 act to amend the Highway Law, in relation to
21 changing the course.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT GRIFFO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 40.
5 ACTING PRESIDENT GRIFFO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 219, by Senator Skelos, Senate Print 438, an
9 act to amend the Correction Law, in relation
10 to the failure to register.
11 ACTING PRESIDENT GRIFFO: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 30th day.
15 ACTING PRESIDENT GRIFFO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 40.
19 ACTING PRESIDENT GRIFFO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 225, by Senator Little, Senate Print 1136, an
23 act to amend the General Municipal Law, in
24 relation to procurement.
25 ACTING PRESIDENT GRIFFO: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 40. Nays,
8 1. Senator Hassell-Thompson recorded in the
9 negative.
10 ACTING PRESIDENT GRIFFO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 233, by Senator Flanagan, Senate Print 837, an
14 act to amend the Public Authorities Law, in
15 relation to tort claims.
16 ACTING PRESIDENT GRIFFO: Read
17 the last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 41.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 237, by Senator Trunzo, Senate Print 1775, an
3 act to amend Chapter 672 of the Laws of 1993,
4 amending the Public Authorities Law.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 41.
13 ACTING PRESIDENT GRIFFO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 295, by Senator Alesi, Senate Print 1654, an
17 act to amend the Retirement and Social
18 Security Law, in relation to option election.
19 ACTING PRESIDENT GRIFFO: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 41.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 344, by Senator Libous, Senate Print 1584A, an
6 act to establish the "Flood Assessment Relief
7 Act of 2007."
8 ACTING PRESIDENT GRIFFO: Read
9 the last section.
10 THE SECRETARY: Section 6. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 41.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 Senator Skelos, that completes the
19 noncontroversial reading of the calendar.
20 SENATOR SKELOS: Thank you,
21 Mr. President.
22 There will be an immediate meeting
23 of the Finance Committee in the Majority
24 Conference Room to take up certain
25 nominations, and then we will return and take
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1 up those nominations and adjourn.
2 So there will be an immediate
3 meeting of the Finance Committee.
4 ACTING PRESIDENT GRIFFO: There
5 will be an immediate meeting of the Finance
6 Committee in the Majority Conference Room.
7 The Senate is at ease.
8 (Whereupon, the Senate stood at
9 ease at 11:16 a.m.)
10 (Whereupon, the Senate reconvened
11 at 12:10 p.m.)
12 ACTING PRESIDENT GRIFFO: The
13 Senate will come to order.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 if we could return to reports of standing
17 committees, there's a report of Finance
18 Committee at the desk. I ask that it be taken
19 up at this time.
20 ACTING PRESIDENT GRIFFO: Reports
21 of standing committees.
22 The Secretary will read.
23 THE SECRETARY: Senator O.
24 Johnson, from the Committee on Finance,
25 reports the following nominations.
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1 As commissioner of the Office of
2 Mental Retardation and Developmental
3 Disabilities, Diana Jones Ritter, of
4 Niskayuna.
5 SENATOR SKELOS: Mr. President, I
6 believe the nominees are not quite here yet,
7 so we'll just stand at ease for a moment.
8 ACTING PRESIDENT GRIFFO: The
9 Senate will stand at ease.
10 (Whereupon, the Senate stood at
11 ease at 12:11 p.m.)
12 (Whereupon, the Senate reconvened
13 at 12:13 p.m.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Little.
16 SENATOR LITTLE: Thank you,
17 Mr. President.
18 Would you please recognize Senator
19 Morahan.
20 ACTING PRESIDENT GRIFFO: The
21 chair recognizes Senator Morahan.
22 SENATOR MORAHAN: Thank you,
23 Mr. President.
24 It's my privilege and pleasure to
25 move the nomination of Diana Jones Ritter as
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1 the commissioner of the Office of Mental
2 Retardation and Developmental Disabilities.
3 ACTING PRESIDENT GRIFFO: Senator
4 Farley.
5 SENATOR FARLEY: Thank you,
6 Mr. President.
7 I do rise to support the nomination
8 of Diana Jones Ritter, who is with us in the
9 gallery. And not only is she my constituent
10 from Niskayuna, but also her husband is my
11 constituent.
12 You know, this is a person that has
13 risen right through the ranks of state
14 government. She's been in the Comptroller's
15 office, in the division of audit and state
16 financial services. She's been in the Office
17 of Public Health. And she's eminently
18 qualified.
19 It is so, I guess, infrequently
20 that you see a commissioner that comes up
21 through the ranks and reaches the top. And if
22 anybody deserves it, Diana Jones Ritter does.
23 And I am thrilled to support her
24 nomination as commissioner for Mental
25 Retardation and Developmental Disabilities.
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1 It's an area that really needs a lot of
2 attention, and I know that we're going to be
3 blessed by her service.
4 Good luck to you, Diana.
5 ACTING PRESIDENT GRIFFO: Senator
6 O. Johnson.
7 SENATOR OWEN JOHNSON: Move the
8 nomination.
9 ACTING PRESIDENT GRIFFO: The
10 question is on the nomination of Diana Jones
11 Ritter as commissioner of the Office of Mental
12 Health. All in favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO:
15 Opposed.
16 (No response.)
17 ACTING PRESIDENT GRIFFO: Diana
18 Jones Ritter is hereby confirmed as
19 commissioner of the Office of Mental Health.
20 Congratulations, Commissioner.
21 Excuse me, commissioner of the
22 Office of Mental Retardation and Developmental
23 Disabilities.
24 (Applause.)
25 ACTING PRESIDENT GRIFFO: Senator
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1 Little.
2 SENATOR LITTLE: Thank you,
3 Mr. President.
4 I would like to congratulate our
5 new commissioner, but I'd also like to correct
6 for the record that she is being nominated and
7 confirmed to the position of commissioner of
8 the Office of Mental Retardation and
9 Developmental Disabilities.
10 Thank you and congratulations,
11 Commissioner.
12 (Applause.)
13 ACTING PRESIDENT GRIFFO:
14 Congratulations, Commissioner.
15 My apologies; I'm a freshman.
16 And I appreciate the opportunity to
17 congratulate the commissioner and to
18 acknowledge her husband, Larry Ritter, who is
19 here; sons, Larry, Jr., and Kameron Ritter,
20 who are here in the gallery; mother, Marion
21 Jones; brother and sister-in-law, Charles and
22 Sue Jones; nieces, Kyla Jones and Yolanda
23 Bostic; and special guest Elizabeth Moore.
24 Our congratulations and best wishes
25 for a successful tenure.
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1 (Applause.)
2 ACTING PRESIDENT GRIFFO: Senator
3 Little.
4 SENATOR LITTLE: Thank you,
5 Mr. President.
6 Would you please recognize Senator
7 Morahan.
8 ACTING PRESIDENT GRIFFO:
9 Senator Morahan.
10 SENATOR MORAHAN: Thank you,
11 Mr. President. I now move the nomination of
12 Michael F. Hogan, Ph.D., to serve as the
13 commissioner of the Office of Mental Health.
14 ACTING PRESIDENT GRIFFO: The
15 Secretary will read.
16 THE SECRETARY: As commissioner
17 of the Office of Mental Health, Michael F.
18 Hogan, Ph.D., of Alplaus.
19 ACTING PRESIDENT GRIFFO: Senator
20 Johnson.
21 SENATOR OWEN JOHNSON: Move the
22 nomination.
23 ACTING PRESIDENT GRIFFO: Senator
24 Farley.
25 SENATOR FARLEY: Thank you. Let
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1 me say that I rise and I think it's is
2 appropriate in St. Patrick's Week that we
3 nominate and confirm Dr. Michael Hogan, of
4 Alplaus.
5 And not only is he a constituent of
6 mine, but his father, I just recently learned,
7 was the head of the English department at
8 Niskayuna High School, one of the finest
9 school systems in the world.
10 Dr. Hogan comes to us having served
11 in Connecticut and in Ohio. But let me just
12 say this. He's a graduate of Cornell
13 University, of which Senator Nozzolio was
14 terribly impressed, and he got his master's
15 degree from the University at Brockport and
16 also a Ph.D. from Syracuse University. Was
17 very disappointed that they didn't make the
18 big dance.
19 But outside of that, Dr. Hogan is
20 eminently qualified to be our commissioner of
21 Mental Health, even though we did our best to
22 try to get Diana Jones Ritter to be that
23 commissioner.
24 (Laughter.)
25 SENATOR FARLEY: This department
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1 will be yours, or this agency will be yours,
2 Dr. Hogan.
3 You're eminently qualified. I
4 congratulate the Governor on your appointment.
5 And we all look forward to working with you,
6 and we wish you well in your tenure.
7 ACTING PRESIDENT GRIFFO: Senator
8 Volker.
9 SENATOR VOLKER: Mr. President,
10 very quickly.
11 In case anybody wondered what
12 happened to everybody here, it's classic
13 Legislature. We have people that are in
14 conference, that are preparing for conference
15 committees. In fact, I just got my script.
16 But that's why some people are not here.
17 But let me just say, Commissioner
18 Hogan, as I said in the Finance Committee, you
19 probably have one of the finest resumes for --
20 and I've been here a lot of years. I can't
21 remember anybody who was confirmed to the
22 Office of Mental Health who had a better
23 management resume in mental health.
24 And as I said before, we used to
25 put psychiatrists in there. And after a year
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1 or so, those psychiatrists ended up needing
2 psychiatrists, because you need somebody that
3 can manage, not just know about mental health.
4 So it's a great appointment, good
5 man -- despite the fact he comes from Senator
6 Farley's district, we'll forget that. And
7 you're a good man.
8 (Laughter.)
9 ACTING PRESIDENT GRIFFO: The
10 question is on the nomination of Dr. Michael
11 Hogan as commissioner of the Office of Mental
12 Health. All in favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO:
15 Opposed.
16 (No response.)
17 ACTING PRESIDENT GRIFFO:
18 Commissioner Hogan is hereby confirmed.
19 Congratulations, Dr. Hogan, and our
20 best wishes to you.
21 (Applause.)
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will read.
24 THE SECRETARY: As commissioner
25 of the Department of Motor Vehicles, David J.
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1 Swarts, of Elma.
2 ACTING PRESIDENT GRIFFO: Senator
3 Johnson.
4 SENATOR OWEN JOHNSON: Move the
5 nomination.
6 ACTING PRESIDENT GRIFFO: Senator
7 Maziarz.
8 SENATOR MAZIARZ: I'll defer to
9 Senator Volker. I'll go after Senator Volker.
10 ACTING PRESIDENT GRIFFO: Senator
11 Volker.
12 SENATOR VOLKER: Yeah, the reason
13 they're deferring to me is because he's my
14 constituent.
15 In fact, Senator Stachowski, who
16 had to run off and do some duties, said he's
17 my constituent now, he previous to that was
18 Senator Stachowski's, and so forth.
19 But I've known David for many, many
20 years. He's been the county clerk in Erie
21 County, been through the last-nine-year wars
22 in Erie County with the budget problems and so
23 forth. In fact, probably no county clerk in
24 Erie County history has had to go through the
25 terrible situation that David went through.
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1 And if anybody can get through that
2 and keep the place even operating, as far as
3 I'm concerned he deserves to be not only Motor
4 Vehicles commissioner but probably should be
5 even something higher.
6 But I do say he's a good man, good
7 administrator, fine family. And I'm proud to
8 throw his name forward for DMV commissioner.
9 ACTING PRESIDENT GRIFFO: Senator
10 Maziarz.
11 SENATOR MAZIARZ: Thank you very
12 much, Mr. President.
13 Mr. President, this has nothing to
14 do with Dave Swarts, but I feel compelled,
15 since every meeting I've been to this morning
16 people have been getting in the names of their
17 universities, where they went. And
18 particularly, Niag University not only made
19 the big dance, but they actually won their
20 first game yesterday, Mr. President.
21 (Laughter.)
22 SENATOR MAZIARZ: So for the
23 record, that's my alma mater. It is not Dave
24 Swarts' alma mater.
25 But despite that, Dave Swarts is an
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1 excellent nominee for the position of
2 commissioner of Motor Vehicles. I served with
3 Dave in an adjoining county as county clerk.
4 When he was in Erie County, I was in the
5 Niagara County Clerk's office. And Dave,
6 despite being on an opposite political team,
7 when I was first elected was one of the first
8 people to call me up to help me out in the
9 office, you know, particularly in the area of
10 the Department of Motor Vehicles.
11 As I said in the Finance Committee
12 meeting, the biggest interaction that any
13 county clerk has is with the Department of
14 Motor Vehicles. Tens of thousands, hundreds
15 of thousands of taxpaying residents interact
16 with the county clerks through the Department
17 of Motor Vehicles. It is not always a
18 pleasant experience.
19 But not only did Dave do an
20 excellent job in Erie County, but he had so
21 much respect from county clerks across
22 New York, Mr. President, that the County
23 Clerks Association for a number of years
24 unofficially and officially appointed Dave as
25 the liaison between the State Department of
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1 Motor Vehicles and the county clerks' office.
2 So it's with a great deal of pride
3 that I see there are many people here who have
4 been associated with Dave over the years to
5 stand and to second this nomination.
6 And it's great that Senator Sabini,
7 somebody from the Democratic side, has been
8 able to join us. Given Dave's long experience
9 in helping out their side of the aisle, it's
10 good that Senator Sabini could join us.
11 But, Mr. President, I think this is
12 an excellent nomination on the part of the
13 Governor. I strongly urge my colleagues to
14 give this exceptional nominee unanimous
15 support.
16 Thank you.
17 ACTING PRESIDENT GRIFFO: Senator
18 Libous.
19 SENATOR LIBOUS: Thank you,
20 Mr. President.
21 Today we certainly have a slate of
22 extremely qualified nominees. But I want to
23 speak right now on Mr. Swarts, who was before
24 the Transportation Committee.
25 Unlike Senator Volker, I can't say
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1 he's my constituent. Unlike Senator
2 Stachowski, I can't say I've known him for
3 over 20 years. But I can tell you that I've
4 known him for a short period of time and I've
5 talked to many people that he's dealt with,
6 not only those in state associations who have
7 worked directly with him but individuals who
8 he has served with.
9 And it is told time and time again
10 that he has a quality that is very important
11 to be the commissioner of the Department of
12 Motor Vehicles, that he cares about the
13 customer. And that's really what this is
14 about, the customer, the constituents that we
15 serve.
16 So I look forward, as the chairman
17 of the Transportation Committee, to working
18 with you, Dave. I know that there are a host
19 of issues and challenges that we have before
20 us. But I do know that you will tackle them
21 efficiently and effectively.
22 And I would also say that anybody
23 who took 70 percent of the vote the last time
24 he ran in Erie County must be doing something
25 right. The customers believe in you.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Fuschillo.
3 SENATOR FUSCHILLO: Thank you
4 very much, Mr. President.
5 I just want to concur with my
6 colleagues, this is an excellent choice from
7 the Governor on this nomination.
8 In his brief tenure as acting
9 commissioner, my office and myself have dealt
10 with Mr. Swarts, and he's been extremely
11 professional and very responsive, and I
12 appreciate that.
13 And I relayed in the committee, the
14 confirmation hearings, what it used to be
15 like. We used to go to the DMV and pack a
16 lunch, and we would spend the entire day there
17 just trying to get through the lines and the
18 mazes of human bodies. But that's all
19 changed.
20 One of the areas I've asked the
21 commissioner, soon-to-be commissioner to
22 consider is the administrative law judges
23 under the guidance of the commissioner in
24 respect to giving back a driver's license on a
25 restricted or confined basis to those who have
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1 been convicted of multiple DWIs.
2 As I said to you and I'll say to
3 this body, it's a danger to this society when
4 individuals who have been convicted of
5 multiple drinking and driving offenses in this
6 state get restricted licenses. And that's
7 something I hope that we can work together and
8 take a serious look at.
9 I enthusiastically support this
10 nominee, and I welcome him into his new
11 position.
12 Congratulations.
13 ACTING PRESIDENT GRIFFO: Senator
14 Sabini.
15 SENATOR SABINI: Thank you,
16 Mr. President. On the nomination.
17 First of all, let me apologize to
18 Senator Maziarz that we weren't in the
19 chamber. We had a meeting with an important
20 state employee. I guess you guys remember
21 what that was like one time. But we had to be
22 there.
23 And we were urged to support the
24 nomination of Mr. Swarts as commissioner of
25 DMV. We have had a number of conversations
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1 since the Governor has proposed his name and
2 have found him to be responsive and concerned
3 about some of the issues that I and my
4 colleagues on both sides of the aisle have
5 brought up.
6 And DMV is often an agency that in
7 almost every state is sort of kidded about as
8 a bureaucracy, as something that's
9 inefficient. Our DMV has, as Senator
10 Fuschillo said, moved light years in the last
11 few years to be more efficient. Mr. Swarts's
12 reputation in Erie County is one of running a
13 very efficient office as well. And I'm sure
14 he will be part of the increased user-friendly
15 DMV that we'd like to see in this
16 administration.
17 He has a number of issues in front
18 of him that he'll tackling in the next couple
19 of months, and I look forward to working with
20 him and congratulate him on his nomination,
21 congratulate the Governor on a very good
22 appointment.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator Sabini.
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1 The question is on the nomination
2 of David J. Swarts as commissioner of the
3 Department of Motor Vehicles. All in favor
4 signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT GRIFFO:
7 Opposed.
8 (No response.)
9 ACTING PRESIDENT GRIFFO:
10 Congratulations to Commissioner Swarts. He's
11 accompanied by his wife, Susan.
12 We wish you the best of luck and
13 success.
14 (Applause.)
15 ACTING PRESIDENT GRIFFO: Senator
16 Little.
17 SENATOR LITTLE: Thank you,
18 Mr. President. We have some housekeeping.
19 On page number 14, I offer the
20 following amendments to Calendar Number 160,
21 Senate Print Number 1093, and ask that said
22 bill retain its place on Third Reading
23 Calendar, on behalf of Senator Saland.
24 ACTING PRESIDENT GRIFFO: The
25 amendments are received and adopted, and the
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1 bill will retain its place on the Third
2 Reading Calendar.
3 SENATOR LITTLE: Thank you, Mr.
4 President.
5 On behalf of Senator DeFrancisco,
6 on page number 15 I offer the following
7 amendments to Calendar Number 178, Senate
8 Print 242, and ask that said bill retain its
9 place on Third Reading Calendar.
10 ACTING PRESIDENT GRIFFO: The
11 amendments are received and adopted, and the
12 bill will retain its place on the Third
13 Reading Calendar.
14 SENATOR LITTLE: Thank you,
15 Mr. President.
16 On behalf of Senator Libous, I wish
17 to call up Senate Print Number 1584A, recalled
18 from the Assembly, which is now at the desk.
19 ACTING PRESIDENT GRIFFO: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 344, by Senator Libous, Senate Print 1584A, an
23 act to establish.
24 ACTING PRESIDENT GRIFFO: Senator
25 Little.
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1 SENATOR LITTLE: Mr. President, I
2 now move to reconsider the vote by which this
3 bill was passed and ask that the bill be
4 restored to the order of third reading.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will call the roll on
7 reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 SENATOR LITTLE: Thank you,
11 Mr. President.
12 I now move to discharge, from the
13 Committee on Rules, Assembly Print Number
14 4868B and substitute it for my identical bill.
15 The Senate bill on first passage
16 was voted unanimously. I now move that the
17 substituted Assembly bill have its third
18 reading at this time.
19 ACTING PRESIDENT GRIFFO: So
20 ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 344, by Member of the Assembly Lupardo,
24 Assembly Print Number 4868B, an act to
25 establish.
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1 ACTING PRESIDENT GRIFFO: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 Senator Little.
12 SENATOR LITTLE: Thank you.
13 Mr. President, I move to take from
14 the table Senate Bill Number 2104A, which was
15 lost on March 12. I further move to
16 reconsider the vote by which the bill was
17 lost.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will call the roll on
20 reconsideration.
21 THE SECRETARY: In relation to
22 Calendar Number 333.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is restored to the Third Reading
2 Calendar.
3 Senator Little.
4 SENATOR LITTLE: Mr. President, I
5 now move to recommit Senate Print Number
6 2104B, Calendar 333 on the order of third
7 reading, to the Committee on Rules.
8 ACTING PRESIDENT GRIFFO: So
9 ordered.
10 SENATOR LITTLE: Thank you.
11 Mr. President, is there any further
12 business to come before the Senate today?
13 ACTING PRESIDENT GRIFFO: There
14 is no further business at the desk.
15 SENATOR LITTLE: Thank you.
16 I ask that we adjourn until Monday,
17 March 19th, at 3:00 p.m., intervening days
18 being legislative days.
19 ACTING PRESIDENT GRIFFO: On
20 motion, the Senate stands adjourned until
21 Monday, March 19th, at 3:00 p.m., intervening
22 days being legislative days.
23 (Whereupon, at 12:26 p.m., the
24 Senate adjourned.)
25
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