Friday, December 17, 1993

8992 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 December 17, 1993 11 2:28 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR STAN LUNDINE, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 8993 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Senators will please find their 4 places. 5 I'd like to ask everyone present 6 to rise and repeat the Pledge of Allegiance with 7 me. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 There being no visiting clergy, 11 I'd like to ask everyone present to observe a 12 moment of silence. 13 (A moment of silence was 14 observed. ) 15 Secretary will read the Journal. 16 THE SECRETARY: In Senate, Thurs 17 day, December 16th. The Senate met pursuant to 18 adjournment. The Journal of Wednesday, December 19 15th, was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Hearing no 22 objection, the Journal stands approved as read. 23 Senator Onorato, I notice it's 8994 1 not in your job description but would you please 2 close that door. 3 SENATOR ONORATO: It would be my 4 pleasure. 5 THE PRESIDENT: Thank you. 6 SENATOR ONORATO: Read the last 7 section. 8 THE PRESIDENT: When it's your 9 bill, I will, I guarantee you. 10 Senator Present, do you want to 11 proceed with the - 12 SENATOR PRESENT: Can we return 13 to reports of standing committees. 14 THE PRESIDENT: Secretary - 15 Secretary will read. 16 THE SECRETARY: Senator Marino, 17 from the Committee on Rules, reports the 18 following bills directly for third reading: 19 Senate Bill Number 6222, by 20 Senator Daly, an act to amend the Business 21 Corporation Law; 22 Senate Bill Number 6223, by the 23 Committee on Rules, an act to amend the Highway 8995 1 Law; 2 Senate Bill Number 6224, by 3 Senator Lack, an act to amend the Workers' 4 Compensation Law; and 5 Senate Bill 6225, by the 6 Committee on Rules, Racing, Parimutuel Wagering 7 and Breeding Law. 8 All bills reported directly for 9 third reading. 10 THE PRESIDENT: Without 11 objection, third reading. 12 Senator Spano. 13 SENATOR SPANO: Housekeeping, Mr. 14 President. 15 THE PRESIDENT: Yes. 16 SENATOR SPANO: The -- I'd like 17 to call up my bill 2020-B, having passed both 18 houses and not delivered to the Governor. 19 THE PRESIDENT: Secretary will 20 read. 21 THE SECRETARY: By Senator Spano, 22 Senate Bill Number 2020-B, an act to amend the 23 Mental Hygiene Law, in relation to the 8996 1 reinvestment of funds into community-based 2 services. 3 SENATOR SPANO: Ask to reconsider 4 the vote by which the bill was passed and have 5 the bill restored to third reading calendar. 6 THE PRESIDENT: Call the roll on 7 reconsideration. 8 (The Secretary called the roll on 9 reconsideration. ) 10 THE SECRETARY: Ayes 50. 11 SENATOR SPANO: Now move to 12 recommit to the Committee on Rules with 13 instructions to the Committee to strike out the 14 enacting clause. 15 THE PRESIDENT: So ordered. 16 SENATOR PRESENT: Senator 17 Present. 18 SENATOR PRESENT: Recognize 19 Senator Stachowski, please. 20 THE PRESIDENT: Senator 21 Stachowski. 22 SENATOR STACHOWSKI: On behalf of 23 Senator Masiello, I'd like to call up his 8997 1 privileged resolution that's at the desk. 2 THE PRESIDENT: Secretary will 3 read. 4 THE SECRETARY: Legislative 5 Resolution, by Senator Masiello, commending 6 Judson Price, leader of the Winslow Avenue Black 7 Club for his consummate courage. 8 THE PRESIDENT: On the 9 resolution, all those in favor say aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response. ) 13 The ayes have it. The resolution 14 is adopted. 15 Senator Trunzo. 16 SENATOR TRUNZO: Mr. President, I 17 believe there is a privileged resolution at the 18 desk, ask that its title be read and immediate 19 adoption. 20 THE PRESIDENT: Secretary will 21 read. 22 THE SECRETARY: Legislative 23 Resolution, by Senator Trunzo, expressing 8998 1 sincerest sorrow upon the death of Kyle M. Hart, 2 Director of the District Office, 3rd New York - 3 3rd New York Senatorial District. 4 THE PRESIDENT: On the 5 resolution, all those in favor say aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response.) 9 The ayes have it. The resolution 10 is adopted. 11 Senator Present. 12 SENATOR PRESENT: Senator 13 Nozzolio, please. 14 THE PRESIDENT: Senator Nozzolio. 15 SENATOR NOZZOLIO: Mr. President, 16 I have a privileged resolution at the desk, that 17 I rise with great sorrow to ask the clerk to 18 read. It recognizes the untimely death of our 19 friend and colleague, Assemblyman Frank Talomie. 20 I ask the clerk to read. 21 THE PRESIDENT: Secretary will 22 read. 23 THE SECRETARY: Legislative 8999 1 Resolution, by Senators Nozzolio, Marino and 2 Kuhl, mourning the death of Assemblyman Frank G. 3 Talomie, Sr., on December 1, 1993. 4 WHEREAS, it is the sense and duty 5 of this legislative body to mourn publicly the 6 death of an esteemed colleague whose life was 7 characterized by a selfless commitment to 8 service to the people of the United States of 9 America, New York State and western New York; 10 In deference to this duty and in 11 full accord with its long-standing traditions, 12 it is the sense of this legislative body to 13 mourn the death of our beloved friend, 14 Assemblyman Frank G. Talomie, Sr., who was taken 15 from us on December 1, 1993; 16 Frank G. Talomie, Sr. embodied 17 the epitome of public service and exemplified 18 this commitment over the battle fields of World 19 War II, in the Assembly Chamber and across the 20 129th Assembly District; 21 Frank G. Talomie began his life 22 in public service with a distinguished and 23 honorable military career which began in 1942 9000 1 when he enlisted in the United States Army Air 2 Force Cadet Program; 3 Commissioned on June 12th, 1943, 4 Frank G. Talomie served as an instructor in the 5 night fighter program, served in the Pacific 6 Theatre during World War II and fought in the 7 heralded invasion of Iwo Jima, considered by 8 many to be the most important United States 9 victory in the Pacific Theatre; 10 Frank G. Talomie embarked upon a 11 distinguished career in public service as an 12 assistant court clerk, was quickly promoted to 13 special court clerk in 1958, and was elected 14 Ontario County Clerk in 1970, serving as 15 Commissioner of Jurors since 1971; 16 He was elected to the Assembly in 17 1980 and was re-elected to six more successive 18 terms, enjoying the immense popularity among his 19 constituents and a reputation for unparalleled 20 constituent service among his colleagues; 21 Assemblyman Talomie, at the time 22 of his death, served as chairman of the Joint 23 Conference Committee, ranking minority member of 9001 1 the Committee on Local Government, member of the 2 Committees on Veterans Affairs and Tourism, Arts 3 and Sports Development, the New York State 4 Legislative Commission on State/Local Relations 5 and the Minority Task Force on Economic Growth; 6 In addition to his dedication and 7 devotion as a state legislator, Frank G. Talomie 8 was also active in his community in a number of 9 philanthropic and service organizations 10 including Winnel Post, American Legion; Geneva 11 Rotary Club; American Heart Association, Clifton 12 Springs Hospital and Clinic Advisory Group; 13 Moose Club, Sons of Italy and the Knights of 14 Columbus. 15 Frank G. Talomie is survived by 16 Mona, his wife of 50 years; his son, Frank G. 17 Jr.; his daughter Patricia and three grand 18 children; 19 NOW, THEREFORE, BE IT RESOLVED 20 that this legislative body pause in its 21 deliberations to mourn the death of Assemblyman 22 Frank G. Talomie, Sr., an esteemed and admired 23 colleague who demonstrated a commitment to 9002 1 public service which should serve as an example 2 to all that hold public office, and 3 BE IT FURTHER RESOLVED that 4 copies of this resolution, suitably engrossed, 5 be transmitted to his wife and children. 6 SENATOR NOZZOLIO: Mr. 7 President. 8 THE PRESIDENT: Senator 9 Nozzolio. 10 SENATOR NOZZOLIO: Thank you, Mr. 11 President. 12 On behalf of Senator Kuhl, 13 Senator Marino and myself, we would like to open 14 up sponsorship of this resolution. 15 THE PRESIDENT: I think all 16 members would probably want to sponsor this 17 resolution. 18 On the resolution, all those in 19 favor say aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response. ) 23 The ayes have it. The resolution 9003 1 is adopted. 2 Senator Farley. 3 SENATOR FARLEY: Thank you, Mr. 4 President. 5 On behalf of Senator Maltese, I 6 move that the following bill be discharged from 7 its respective committee and be recommitted with 8 instructions to strike the enacting clause: 9 That's Senate Print 2042. 10 THE PRESIDENT: Without 11 objection, so ordered. 12 Senator Present. 13 SENATOR PRESENT: Can we take up 14 Calendar 1714. 15 THE PRESIDENT: Secretary will 16 read. 17 THE SECRETARY: Calendar Number 18 1714, by the Senate Committee on Rules, Senate 19 Bill Number 6223, an act to amend the Highway 20 Law, in relation to the Long Island Suburban 21 Highway Improvement Program. 22 THE PRESIDENT: There is a 23 message of necessity at the desk. 9004 1 SENATOR PRESENT: I move we 2 accept the message. 3 THE PRESIDENT: On the motion, 4 all those in favor say aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response. ) 8 The ayes have it. The motion is 9 accepted or adopted, and the message is 10 accepted. 11 Last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 50 -- ayes 17 49, nays three, Senators Dollinger, Hoffmann and 18 Jones recorded in the negative. 19 THE PRESIDENT: The bill is 20 passed. 21 Senator Present. 22 SENATOR PRESENT: Let's take up 23 Calendar Number 1715. 9005 1 THE PRESIDENT: Secretary will 2 read. 3 THE SECRETARY: Calendar Number 4 1715, by the -- by Senator Lack, Senate Bill 5 Number 6224, an act to amend the Workers' 6 Compensation Law. Senator Lack moves to 7 discharge the Committee on Rules from Assembly 8 Bill Number 8934 and substitute it for the 9 identical Senate Bill 6224. 10 THE PRESIDENT: Substitution 11 ordered. 12 SENATOR PRESENT: Mr. President, 13 I understand there's a message at the desk. 14 THE PRESIDENT: Yes, there is. 15 SENATOR PRESENT: I move that we 16 accept the message. 17 THE PRESIDENT: On the motion, 18 all those in favor say aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response. ) 22 The ayes have it. The motion is 23 agreed to, and the message is accepted. 9006 1 Senator Lack. 2 SENATOR LACK: Thank you, Mr. 3 President. 4 There is an old unwritten rule 5 that Senator Anderson, when he was Majority 6 Leader, told me the first year I was here and 7 that is that if a bill is passing or there are 8 no problems with it -- thanks, Joe, leave it - 9 leave it alone. 10 I apologize in advance for those 11 who have been here longer than I that that's not 12 going to happen today, and I'll have a few 13 things to say about Workers' Compensation, 14 particularly after the performance I witnessed 15 last night in our other house, in the Assembly, 16 which passed the bill 146 to nothing. 17 For some of you in this house, 18 that is a little sense of deja vu since we did 19 the same thing with virtually the same managed 20 care bill earlier this year. You're not at all 21 mistaken, and do not mistake, we did pass a 22 managed care Workers' Compensation bill 23 unanimously in this house on July 5th, before we 9007 1 adjourned. 2 One might ask, why in the middle 3 of December we are back again passing a Workers' 4 Compensation piece of legislation. 5 If you're in my age group you 6 grew up watching television and, among other 7 things you watched on television, watching 8 television, an announcement from the Soviets 9 that they had just invented television. I saw 10 that again last night, and that brings us to 11 why, Joe, unfortunately we're going to spend a 12 few minutes discussing Workers' Compensation and 13 I, unfortunately, invite all of you to become 14 part of a bully pulpit, and which I hope will be 15 many more changes that will take place in the 16 Workers' Compensation system in the years to 17 come. 18 To dispense with the mechanics of 19 the bill vis-a-vis Workers' Compensation managed 20 care, the bill 6224 that we are passing today in 21 the Senate, as to the mechanics of how managed 22 care will operate, is virtually the same as S. 23 5886-C which all of you voted for in July, so 9008 1 unless there are actual questions on it, I won't 2 bore you with the actual mechanics of how the 3 managed care system would function. There 4 certainly are additions to this bill. 5 One, as many of you know, there 6 have been ongoing discussions between the 7 Senate, the Assembly and the Governor's office 8 for years on the elimination of the 13 percent 9 differential, the surcharge that Workers' 10 Compensation patients pay with respect to the 11 hospital care. Any unilateral elimination of 12 that surcharge solves one problem, its impact 13 upon the Workers' Compensation system, but 14 creates another problem, the cost to the 15 hospitals for loss of -- loss of the surcharge 16 and solving one problem and not the other 17 problem solves absolutely nothing. 18 This bill reflects what hopefully 19 will be the results of a bill we'll be 20 considering later today, the NYPHRM resolution, 21 which will have a phased-out reduction of the 13 22 percent differential. This bill says, assuming 23 that that reduction happens, then the Workers' 9009 1 Compensation Rating Board, not a government 2 agency, should consider an appropriate reduction 3 in Workers' Compensation rates in the state of 4 New York as a result of the differential; 5 whatever reduction in differential is agreed to 6 in NYPHRM should be reduced in regs. That, 7 together with a piece on changes in assessments, 8 will be the immediate short-term impact for 9 reduction in rates. 10 Now, the first question that's 11 always asked is, what is that reduction going to 12 be? Again, that is not done by act of the state 13 Legislature but by action of the Workers' 14 Compensation Rating Board, and the estimates 15 range from five percent up to I've heard ten 16 percent, assuming the Workers' Compensation 17 Board meets and makes those reductions to the 18 14.4 percent increase in rates that were in 19 effect on October 1st of this year. 20 During the Assembly debate last 21 night, Assembly Majority Leader Michael Bragman 22 made more than a few comments about the purity 23 and responsibility of the Assembly in having 9010 1 discovered in July which, according to the 2 Assembly, is when the calendar begins for the 3 year, in July that there were problems in the 4 Workers' Compensation system and that they 5 immediately reacted to it, and by September they 6 were able to hold a series of hearings in 7 Albany, Rochester and Buffalo, together with a 8 roundtable -- though I think the table might 9 have been square, but a roundtable in Syracuse 10 somewhat later, and developed an Assembly 11 package of 19 bills which the Assembly then 12 considered in a one-house one-day session on 13 November 15th. 14 First comments: The legislative 15 session begins in January. The Governor's State 16 of the State message reflected a concern by the 17 Governor of rising Workers' Compensation costs 18 and the need to at least try to meet that by 19 beginning a reform in the Workers' Compensation 20 system for managed medical care. In February, 21 March, April, May and June before the Assembly 22 began its year in July, the Senate and the 23 Governor met 18 times to discuss Workers' 9011 1 Compensation and managed care. The Assembly was 2 invited to all 18 of those meetings and showed 3 up less than half the time to the meetings. 4 A bill was developed. The bill 5 5886-C that passed this house unanimously, and 6 last time I checked unanimously that was with 7 the support of all Senate Republicans and all 8 Senate Democrats, as a program bill that was 9 slugged at the request of the Governor, a 10 bipartisan approach worked out between the 11 Republican majority of this house and the 12 Democratic Governor of the state of New York, at 13 least the first in my 15 years in the Senate. 14 The second comment that I should 15 tell you here today, has the people on my staff, 16 and I will again change practice and mention my 17 own committee director, Connie Varcasia, who 18 when we went up over a hundred hours in 19 negotiating this bill, I think we stopped 20 counting, who has spent countless weeks and 21 months doing the bill, Bill Doherty, assistant 22 counsel to the Senate Majority and Greg Serio, 23 of Senate Velella's staff, who advised on the 9012 1 insurance portions of the bill, and all worked 2 very hard in bringing this to a three-way 3 fruition. But we also have Susan Whitely, 4 Assistant Counsel to the Governor, David Wright 5 who is assistant to the Secretary to the 6 Governor and Director of Public Papers. Can you 7 get a subscription to that? I don't know what 8 they are, but it sounds good. Angela Dickinson 9 -- Dickson, from the Director of Office Policy 10 and Management for the Governor, who is sitting 11 in the chamber today, and, you know, as one of 12 those who routinely criticizes the Governor when 13 it's appropriate, it certainly is time to thank 14 the Governor and his staff for their 15 participation on a bipartisan, non-partisan 16 basis to develop this piece of legislation, and 17 great credit also goes to Liz Moore who, as you 18 know, is Counsel to the Governor, but if you ask 19 her what she does if she wasn't counsel to the 20 Governor, she'd tell you she's a labor lawyer 21 and had great personal interest in working out 22 this piece of legislation. 23 The reason I don't want to go 9013 1 into, unless you want me to, the actual tenets 2 of this bill, is that it's not so much what the 3 bill does, it's what the bill represents that's 4 important today. For the first time in over 50 5 years, we are passing a reformation of the 6 Workers' Compensation system that is not linked 7 to benefit increases in the system. 8 For almost 50 years in this state 9 Legislature, the only way we have been permitted 10 to look at the Workers' Compensation system is 11 as an adjunct to an increase in benefits. That 12 has always meant that 98 percent of the time is 13 spent on what should the benefits rise to and 14 two percent of the time is devoted towards 15 reforming the system, and the word "reform" in 16 Workers' Compensation was considered in -- at 17 least up until today, a pejorative and somehow 18 harming workers by trying to change the Workers' 19 Compensation system. 20 We are changing that today. This 21 is not about benefits. This is about providing 22 a more efficient way for workers to get through 23 the Workers' Compensation system if they're 9014 1 injured and return to work. 2 If this serves as a precedent, it 3 should lead us down the path of looking at 4 further reforms. Those who have wanted to 5 maintain the status quo, thousands of people in 6 this state whose living depends on the Workers' 7 Compensation system not changing have opposed 8 this bill. Some of those people are in law 9 firms, some of those people are in medical 10 practices. Some of those people are employees 11 of the Workers' Compensation Board, all of whom 12 know that if there are reformations in the 13 Workers' Compensation system which make the 14 system more efficient, more responsible to those 15 who actually need the system, they will receive 16 less out of it themselves in terms of payment, 17 and they don't want that to change. We begin 18 those changes today. 19 Last night, in response to a 20 question, Assemblyman Bragman challenged 21 Assemblyman George Winner to explain to him, 22 Majority Leader Bragman, how, if there is a 23 change in what's called Dole v. Dow, which I 9015 1 don't think I have to explain on this floor, how 2 that could save the people of the state of New 3 York money. 4 Dole v. Dow, a 1972 Court of 5 Appeals decision, today costs as an insurable 6 risk between 167 million and 350 million to the 7 people of the state of New York without any 8 benefit whatsoever. Assemblyman Bragman has 9 refused to allow the Assembly to consider the 10 implications of Dole v. Dow on the Workers' 11 Compensation system and what could happen if it 12 was eliminated in terms of a reduction of cost. 13 Not too long ago, I was in 14 Syracuse and went to the Syracuse newspapers - 15 Gus Bliven, who was here, was at the editorial 16 board meeting that I went to, and he remarked 17 then that he was sorry that Assemblyman Bragman 18 wasn't there in person so that we could thrash 19 out the differences between the Senate and the 20 Assembly, particularly on issues like Dole v. 21 Dow. 22 Of course, I couldn't speak last 23 night on the Assembly floor, and Assemblyman 9016 1 Bragman, if he were here this afternoon, can't 2 speak on the Senate floor. So if Peter Lyman of 3 the Syracuse papers would want to extend the 4 invitation for Assemblyman Bragman and I in his 5 home town to show up at the same place at the 6 same time to thrash out the differences between 7 the Senate and the Assembly on issues like Dole 8 v. Dow and further reform of the Workers' 9 Compensation system, I would be happy to respond 10 positively to that information and, as a matter 11 of fact, if Mr. Bragman would like, we can go 12 all over the state and visit as many editorial 13 boards as he'd like and we can discuss the 14 differences between the two houses on more 15 reform issues in Workers' Compensation and who 16 can do what. 17 Every newspaper I have seen from 18 Buffalo to Rochester to Syracuse to Utica to 19 Albany, to the New York Daily News, to NEWSDAY 20 on Long Island who has taken a look at what the 21 Senate has outlined in Workers' Compensation and 22 the managed care package and what the Assembly 23 finally came around and outlined, has opted for 9017 1 the Senate package. 2 As late as December 6th, the 3 Albany Times-Union, in an editorial said, Pass 4 Workers' Comp. Reform. The Albany Times-Union 5 always states an issue and then their opinion 6 right up at the top, and they said, "The 7 Assembly claims the Senate is driving up 8 insurance costs by delaying action on needed 9 legislation. Our opinion: The criticism is 10 misguided. Lawmakers should adopt the Senate 11 bill." 12 That has been repeated in paper 13 after paper the length and breadth of this 14 state. 15 There are in the years to come, 16 with the precedent setting of the passage of 17 this bill today, many immediate issues that we 18 can continue to do to reform the Workers' 19 Compensation system. I know the second floor is 20 willing to discuss all of them. The Senate is 21 willing to discuss all of them. The challenge 22 as to the Assembly in this state to join us in 23 that and to begin with, I throw a further chal 9018 1 lenge out to the Senate -- to the Assembly. 2 Forty-two states in the United 3 States index benefits for Workers' Comp. They 4 automatically increase according to a central 5 index. New York is one of the eight states that 6 do not, and the reason we have not is because 7 the only time we can talk about the Workers' 8 Compensation system is when we handle benefits. 9 But with the passage of this historic 10 legislation, that's now changed, and the Senate 11 will immediately throw out to the Assembly an 12 exchange: 13 New York can, in January 1994, 14 become the 43rd state to index benefits if the 15 Assembly will join us in repealing Dole v. Dow 16 and reducing Workers' Compensation rates another 17 6 percent in January as well, and if the 18 Assembly doesn't want to do that, I'll be glad 19 to join Mr. Bragman once again at all editorial 20 boards or any place else and we can discuss the 21 differences between the houses and why the 22 Assembly wouldn't want to do that for our own 23 sake as well as the sake of all working men and 9019 1 women in the state of New York. 2 This bill has been a long time 3 coming. It certainly has been a difficult 4 negotiation. It's here; I'm very happy and 5 pleased that the Assembly passed it unanimously 6 following what we did earlier this year. I'm 7 also pleased at the response from both sides of 8 the aisle after we left session in this house, 9 from many of you who have maintained an interest 10 in the problems in the Workers' Compensation 11 system and your desire to continue to explore 12 changes in that system so that New York joins 13 the ranks of those states who have progressively 14 made their Workers' Compensation system more 15 efficient and better for workers throughout 16 their state. 17 Thank you. 18 THE PRESIDENT: Last section. 19 Oh, I'm sorry. Senator Dollinger. 20 SENATOR DOLLINGER: Thank you, 21 Mr. President. 22 I rise today, I guess, in an 23 unusual position. I hear the chairman of the 9020 1 Labor Committee saying good things about the 2 second floor. I sometimes wonder whether, as we 3 approach Christmas, our attitudes change, but I 4 do have to -- I'm someone who's raised a finger 5 at the other side of the aisle and been critical 6 of things that have happened. 7 This day I rise, I think, in a 8 sense of obligation to point a finger of praise. 9 I believe that this bill is a good bill. I 10 believe it's one that does great things for the 11 compensation system, establishes a system that 12 will be more responsive to the developing 13 concepts of medical care for those who are 14 injured on the job. 15 I want to commend the Senate 16 Labor Committee and its chairman for the fine 17 work in this bill and also add the thanks of my 18 community. I'm one of those from a strong 19 manufacturing community that has a large number 20 of employers who are interested in the types of 21 changes that are incorporated in this bill, and 22 Senator Lack has listened not only to the 23 general voice of business in Rochester but 9021 1 specifically to Eastman Kodak Company, my 2 largest employer, and I greatly appreciate it. 3 I would be remiss, however, in 4 not passing one other finger of praise across 5 the aisle. I didn't get a chance to speak on 6 the community reinvestment bill yesterday, but I 7 would extend the same credit to Senator Spano 8 for his work in that. That's a landmark piece 9 of legislation. I'm proud that we're doing a 10 second landmark piece today. 11 I do have one caution, however, 12 to throw into this bill, and I'm pleased to see 13 that the 18-month study by the Cornell 14 Industrial Labor Relations School is in this 15 bill, because I predict, at least in my 16 community, there will be a tidal wave of 17 movement to managed care in Workers' Comp. 18 I am concerned about the 19 limitations. I've talked to the chairman; I 20 understand that they're sizeable enough to 21 accommodate a large number of employers, but the 22 bill addresses regional concerns and then sets 23 up a series of employer varieties that will be 9022 1 considered in coming into the managed care 2 system. 3 It's at least my prediction that 4 in my community there will be a rush to managed 5 care. There will be large numbers of employers, 6 and my other concern is the method of applying 7 for the managed care system. It seems to me 8 many of the small employers that I represent 9 have all their Workers' Compensation care 10 handled through their insurance carrier. They 11 simply pay a bill, the agent shows up once every 12 couple years to take a check to tell him what 13 his coverage is and many of the small employers 14 may not have the facility to apply to get into 15 managed care which could be, under certain 16 circumstances depending on how many people 17 apply, could be a complicated process for a 18 small employer. 19 I know that the bill makes a 20 provision for employer associations, and I think 21 that that's a good step in the right direction, 22 but I think there's also the possibility that 23 small employers will look at the administrative 9023 1 cost of having someone on their staff go out and 2 figure out how to apply and put the paperwork 3 together and make all of the other arrangements 4 that may deter small employers from joining this 5 system. 6 If the managed care system works, 7 the great benefit of it should be to smaller 8 employers which could find a significant 9 reduction in their compensation costs. So it's 10 my hope that, with that caution, the Industrial 11 Labor Relations School at Cornell will study 12 that particular aspect, the issue of small 13 business participation as well as regional 14 participation in the managed care system, to see 15 whether this bold venture that we're, I think, 16 properly putting before the people of this state 17 today, to see whether the promise of that 18 venture actually comes to pass for employers who 19 desperately need it. 20 But I think this is a good bill. 21 I think it's an important step. I again 22 reiterate my commendation to the Labor Committee 23 and its chairman for its fine work. 9024 1 THE PRESIDENT: Senator 2 Stachowski. 3 SENATOR STACHOWSKI: I'd just 4 like to rise as the ranking member of the Labor 5 Committee and commend Senator Lack for his fine 6 work in representing the Senate in negotiations 7 and getting this bill to the point where it is 8 today, a conclusion that everyone seems to be 9 happy with. 10 I'd also, not to be contrary to 11 him, but I'd also like to commend the Assembly 12 on having their hearings and their roundtables 13 and inviting all the interested parties that 14 wanted to testify in each location, afford them 15 the opportunity to testify because I think it 16 served the purpose in relieving a lot of the 17 concerns and bringing out the concerns of the 18 various interested parties with any kind of bill 19 that would make changes in Workmen's 20 Compensation and those concerns are legitimate 21 ones. 22 People are concerned that they 23 might be returning to an old system of a company 9025 1 doctor, not that they are, but they had concerns 2 that they might be and, if it took time, it took 3 meetings to clarify that and make them 4 comfortable with that, then I commend them for 5 taking that time and having those meetings and 6 making people more comfortable with the change 7 that was going to take place in very serious 8 part of their daily lives, what happens to them 9 if they get hurt on the job, and what kind of 10 treatment they'll get afterwards, and I think 11 that's a legitimate concern, and I'm glad that 12 the Assembly took the time to do that, and I'm 13 also commending Senator Lack for taking the time 14 during his off-session time to travel the state 15 and meet with all the editorial boards and give 16 his opinion on what was important to be done in 17 Workmen's Compensation and what the Senate's 18 position was, so that they knew both sides while 19 the Assembly was holding their meetings, Senator 20 Lack was visiting the editorial boards, and I 21 commend him for taking the time in doing that. 22 I'd also like to commend Senator 23 Lack, not only as the chairman of Labor, but as 9026 1 an attorney because, you know, attorneys don't 2 always like to do pro bono work. But Senator 3 Lack, in a busy negotiating time and after all 4 of that was done, he took the time to serve as 5 pro bono counsel to Assemblyman Winner during 6 the debate, to help him with his answers when 7 Senator -- Assemblyman Bragman was asking him 8 those very difficult questions on Dole v. Dow 9 that he apparently didn't have the wherewithal 10 to answer. His counsel wasn't as familiar as 11 Senator Lack was, so he left his group, went to 12 his side and served as pro bono counsel, and I 13 hope he doesn't submit a bill. That will make 14 me feel bad that I gave him all this credit for 15 doing it pro bono, and I'm sure that both of 16 them will be more than happy and have more than 17 enough energy to travel around the state 18 debating all those various issues because they 19 both seem to like to do those kind of things. 20 I also would like to commend all 21 of the interested parties, both the business 22 people and the union people that have voiced 23 their concerns and went along with the 9027 1 negotiations and stayed on top of this and 2 always made their concerns known, and also the 3 Governor's people, for bringing this to where it 4 is, and we as the Minority are very happy to 5 have the opportunity to finally get to vote for 6 a bill that's agreed upon by everybody and that 7 will serve as a way to help correct some of the 8 problems with Workmen's Comp., hopefully bring 9 down the costs in Workmen's Compensation and 10 make our system much better to deal with. 11 I'd also like, and I would have 12 been wrong if I didn't mention that I'm glad 13 that finally some of the commission's 14 recommendations are also included, because a lot 15 of people took a lot of time serving on that 16 Commission on Workmen's Compensation and came up 17 with some pretty good pieces that will help with 18 some structural changes that, in the long run, 19 will make it a better system, and after having 20 mentioned all these things, I'm glad that I'll 21 have a chance to vote yes on a bill that I hope, 22 after we pass it, everybody doesn't start 23 yelling at me again like last time that nobody 9028 1 was opposed at the point of passage. 2 I don't want to see you after the 3 fact again and everybody yelling at us, how dare 4 you pass this bill unanimously, so I hope that 5 this bill is unanimously passed, and I commend 6 all the parties that took the time to do all 7 that work on it. 8 THE PRESIDENT: Last section. 9 THE SECRETARY: Section 21. 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 SENATOR PRESENT: Mr. President, 17 I ask that we stand at ease for a while. 18 THE PRESIDENT: The Senate will 19 stand at ease. 20 (Whereupon at 3:07 p.m., the 21 Senate stood at ease until 3:16 p.m.) 22 THE PRESIDENT: The Senate will 23 resume its business. 9029 1 SENATOR PRESENT: Mr. President, 2 would you recognize Senator Ohrenstein, please. 3 THE PRESIDENT: Senator 4 Ohrenstein. And there will be order in the 5 chamber. 6 SENATOR OHRENSTEIN: Mr. 7 President, I rise on the order of personal 8 privilege here. 9 Hopefully, in another hour or two 10 we'll be gone here and, hopefully, we'll be gone 11 for the rest of the year, and the next time we 12 see each other it will be after we've enjoyed 13 the Holidays and we're ready and energized for a 14 new year, so I wanted to deliver myself of one 15 delightful chore before we leave here, and that 16 is to say goodbye to one of our colleagues. 17 I know we are -- we have a number 18 of missing members today, unfortunately. 19 They're not here and they're gone. I'm talking 20 about Chris Mega, and Senator Halperin, all of 21 whom fled from this chamber, so that we didn't 22 have, in certain instances, the opportunity to 23 say goodbye to them. 9030 1 This particular -- in this 2 particular instance, we do, and I'm talking 3 about our good friend, Tony Masiello. We now 4 have a mayor in our midst, a real mayor, the 5 mayor of Buffalo, and, needless to say, all of 6 us on this side of the aisle are extremely proud 7 of Tony. He has had a terrific year. He got 8 married; he has a new baby, and he got elected 9 mayor of Buffalo. I don't know, the fortunes - 10 God's fortunes are shining upon you, Tony. You 11 better wait for the zinger. No, it won't come 12 because you're too good a person. 13 Anyhow I thought I would like to 14 start off in wishing Tony Godspeed and 15 farewell. Tony Masiello has been an 16 extraordinary member of our Conference, and an 17 extraordinary friend to me personally. Tony is 18 the Assistant Minority Leader here on our side 19 and is also the chairman of our campaign 20 committee, and in those -- in both of those 21 capacities, he has made an enormous contribution 22 for all of us personally here on the Democratic 23 side. And for me personally, and he's made a 9031 1 contrib... a great contribution to the New York 2 State Senate. 3 He is a great -- to begin with, a 4 great legislator. He cares about the people he 5 represents. He's bright and intelligent and 6 innovative. He understands the issues that are 7 before us. He has deep feelings about them. He 8 knows how to express them and he worked damned 9 hard to make certain that the people of Buffalo 10 and the people of Erie County were properly 11 represented and got their share of the financial 12 help and of the substantive help that they were 13 entitled to. 14 His legislative record is long 15 and distinguished. He's had his stamp on many, 16 many innovative programs that we have created 17 here for the cities of this state and 18 particularly for northwestern New York. I think 19 we're going to be hearing from Tony as the years 20 go by because he will undoubtedly amass as 21 distinguished a record as -- as mayor as he has 22 as legislator. 23 The city of Buffalo, like all 9032 1 other cities in this state, needs a lot of 2 help. It needs leadership, and it needs a lot 3 of work, and I don't know of anybody who could 4 do -- who has the capacity and the qualities and 5 the talents to do that more than Tony Masiello. 6 So the city of Buffalo is very, very fortunate 7 and, to use the old adage, their gain is our - 8 our loss. 9 As far as the Democratic 10 Conference is concerned, as I said, Tony has 11 been one of our leaders, and he has been an 12 extraordinary leader. As campaign chairman, he 13 has led our effort for the past six years. I 14 know that that may not be the greatest music to 15 the ears of those of you on the other side of 16 the aisle, but you have to concede one thing: 17 You've known you've been in a fight when Tony 18 was at the helm and we've had some good fights 19 and, after all, what are we in this for as 20 politicians to at least go to battle every two 21 years and fight for the things that we stand 22 for, for our principles and for ourselves and 23 for the privilege of leading the New York State 9033 1 Senate, and Tony has been at the forefront, has 2 helped us organize, has helped us in a thousand 3 different ways and, of course, has been of 4 untold assistance to me. 5 He -- Tony also is the chairman 6 of the Democratic Senate Operations Committee 7 and, in that capacity, he has discharged a very 8 unique function. I don't know how you make - 9 do committee assignments on the Republican 10 Conference. We do it through the committee that 11 Tony heads. We have some standards and rules 12 and traditions in terms of how we promote 13 people, where we assign people, but we also have 14 a desire to make certain that every member of 15 the Democratic side has a committee list which 16 they're interested in, which is helpful to their 17 district and Tony has been the -- the master 18 negotiator in trying to keep 26 people happy, 19 and I have to tell you, he has succeeded by and 20 large because I hear very, very few complaints 21 on that -- on that score, and so, for years, 22 Tony has succeed -- has done that function every 23 two years and has spent probably two months at 9034 1 that very, very arduous function. 2 For me personally, Tony will be a 3 great loss. We've been -- we are probably 20 4 years apart in -- in age, but we have been and 5 are very, very good personal friends, and I'm 6 going to miss him. I'm going to miss his 7 friendship. During several years, a couple 8 years ago, when I was having my own problems 9 Tony was constantly at my side, constantly there 10 to help and to do whatever had to be done in 11 order to enable me to continue my function here 12 and to fight whatever battles I had to fight and 13 ultimately to prevail. So I thank him for 14 that. 15 I'm glad he was here, and I know 16 we're going to remain friends forever, and I - 17 I hope I will never need him again, at least in 18 that capacity, but he's certainly proved his 19 friendship to me. 20 I'm glad that his wife, Kathleen, 21 has just entered the chamber, one of the 22 beautiful women that -- who graced the staff of 23 the Senate, the Minority Senate Finance 9035 1 Committee, and Kate was an extraordinary staff 2 member, very able, and made an enormous 3 contribution on her own, and we thank her and 4 I'm sorry that Tony stole her from us, but 5 again, his gain -- his gain is our loss and, of 6 course, she's sitting there with the most recent 7 addition to the Masiello family, this beautiful 8 little young lady, who has been the first 9 product of this particular union. 10 So to Tony and to Kate, thanks 11 for everything. Thanks for your friendship, and 12 thanks for all of the years, Tony, and good luck 13 to the three of you and good luck to the city of 14 Buffalo. 15 THE PRESIDENT: Senator 16 Stachowski. 17 SENATOR STACHOWSKI: Well, I'm 18 going to try not to do any zingers, because you 19 said I can't do that, but Tony and I go back a 20 long way. I can remember when my high school 21 played his high school. I was a lot younger and 22 I was there, and his high school played a great 23 game mostly because Tony Masiello carried them 9036 1 all the way to double overtime. Unfortunately, 2 we won. 3 Then I remember Tony when I was 4 in high school still, and he was a great 5 basketball player at Canisius College. I used 6 to go with the rest of the kids to watch 7 Canisius play, and he was one of our idols and 8 he was a great basketball player at Canisius, 9 very tenacious, obviously not that tall for his 10 position. If you have played basketball with 11 him, you know he's a great shooter, doesn't jump 12 very well, but a very good basketball player. 13 Then he went to the Common 14 Council, and Tony Masiello rose quickly in the 15 Common Council, became Majority Leader and then 16 he had a few taxes that we'd like to forget and 17 most of us did, except that my father and his 18 father only remember the one tax, and I won't 19 mention it here because it's not part of this. 20 Then Tony went on to the Senate 21 and a lot of people said, Well, Tony, you 22 shouldn't run, but he did anyway, and he came to 23 the Senate and he's a great Senator, and then 9037 1 somehow unbeknownst to me, I wind up here in the 2 Senate and some place I didn't expect to end up, 3 and I was fortunate enough to, when I got here, 4 to end up Tony Masiello's roommate. And all the 5 jokes aside about everything else, everybody 6 goes through certain problems in their lives, 7 and they hope they have a good friend when they 8 hit 'em and, fortunately, I was very blessed 9 because I had a good friend, Tony Masiello, and 10 for that I'll always thank you, Tony. 11 But as far as him becoming an 12 assigner of committees, I have had the lousiest 13 committee assignments. I've got more committees 14 than anybody on this side. He told Fred to put 15 me on the ethics commission, and he won't let me 16 off. Everyone else is gone that was originally 17 on the ethics commission. I have to still be on 18 it. 19 Since he became head of the 20 campaign committee, I've never gotten any help 21 from him. It's all on my own. But other than 22 that, he's been, like I said, my closest friend 23 here. I'm going to miss him. I think he's going 9038 1 to be a great mayor. I'm tickled that he won 2 for mayor. I know it's something that a lot of 3 us could never figure out, people would come up 4 to me and I told them then, I said I couldn't 5 answer it because they'd say, you know, Tony is 6 a really good Senator, and that's a real nice 7 job. Why does he want to be mayor? And I 8 couldn't answer it except with this, I'd say 9 because it's something he always wanted to do. 10 It's something he believed in, and it's 11 something that, by doing, he feels he can make a 12 difference in our community, and I believe that 13 also, and I believe Tony will be a great mayor. 14 I'm going to miss Tony Masiello 15 as I'm sure I won't, I'll see plenty of him 16 because as mayor, knowing how the cities 17 operate, he'll be here a lot asking for our 18 help, asking for legislation, but most 19 importantly, asking for money. 20 I have to share with you one 21 story because one of the other things I'm going 22 to miss is when we first came down we used to 23 drive home at the end of the session all the 9039 1 time and take a lot of stuff back and all the 2 way home for the first hour or so Tony would 3 regale me with all the different ways he's going 4 to be working out in a couple of weeks. He's 5 going to be in this new program, lifting 6 weights, running every day because he -- he 7 lives not far from Delaware Park where everybody 8 runs, and there's all these health-conscious 9 people, and he was going to do this every year 10 and I'll miss those conversations, and it 11 finally culminated with a phone call one year. 12 He said, you know, "I was looking in the 13 shopper, the swap sheets, and there's a Soloflex 14 available. What do you think? Give me your 15 honest opinion," and I said, "Tony," you know, 16 "you know how you get into things real hard 17 when you first get into them," I said. "For two 18 months, you'll get magnificent workouts because 19 it's a great machine for what you're looking 20 for. You'll get toned up; it's fast; it's clean 21 and then in two months you can buy plants for 22 that wooden base and you can hang your cleaning 23 on it when you come back from the cleaners. I 9040 1 don't think you should buy it." And Tony gave 2 me his honest opinion of my opinion and we both 3 laughed, and he saved the money and used it for 4 something that he could use better. 5 I'll miss those conversations. 6 I'll miss his rent check. I'll obviously miss 7 his friendship, but I'm glad that, because we 8 became roommates here in Albany, and the 9 Senate's a wonderful experience, but I'm most 10 fortunate in coming here that I got to be such a 11 close friend of Tony Masiello. 12 THE PRESIDENT: Senator Rath. 13 SENATOR RATH: Mr. President, I 14 rise also to add my congratulations that Senator 15 Masiello is going to be Mayor Masiello, for a 16 few years of wonderful service in the state 17 Senate, Kate and baby Masiello, is tucked in his 18 father's arms. Somehow Tony Masiello is an 19 institution in the city of Buffalo and indeed 20 the county of Erie, a public servant of great 21 stature in many ways, great stature. 22 Everyone came to know him first, 23 as Senator Stachowski indicated, as a basketball 9041 1 star and somehow we never thought Tony Masiello 2 would ever grow up. He would always be the 3 young bon vivant and that may have been changed 4 a little bit, I'm not really sure, Tony, but I 5 think you're trying at any rate. 6 We're very proud of you in the 7 city of Buffalo, and you have certainly taken 8 your stardom from Canisius right into the public 9 life that you have been so involved with for so 10 many years, with your deep concern for the city 11 of Buffalo and truly during your campaign and 12 the ad's that were coming through and the 13 language, I thought this man, although I don't 14 know him well, he truly is a son of the city of 15 Buffalo, and to be a son of the city of Buffalo 16 I guess that puts you in the same league with 17 the county of Erie, and having just come from 18 the county of Erie -- I am here now -- you will 19 be back there after the first of the year, and I 20 -- and I know that you've had a reputation not 21 only for hard work, but sincere efforts at 22 cooperation and, as Senator Stachowski said, you 23 will be back and forth often as we know mayors 9042 1 of the city of Buffalo and executives from the 2 county of Erie come back and forth. We will be 3 here; you will find us. 4 And so good luck, Tony, and 5 Godspeed and may all of your new years be as 6 happy as I'm sure 1994 will be. 7 THE PRESIDENT: Senator Volker. 8 SENATOR VOLKER: Mr. President, 9 it's always difficult, for me, I guess who likes 10 to think so highly of this institution to see 11 someone who has been a close personal friend for 12 years go. 13 I have said it on a number of 14 occasions and, of course, I have to be a little 15 careful, because being a somewhat prominent 16 Republican, sometimes I'm accused of being a 17 little too bipartisan. In all candor, I happen 18 to believe that Tony Masiello is certainly the 19 right person for the city of Buffalo at this 20 time, but in one way I feel sorry for him 21 because for those of you that don't know, 22 there's been a virtual love-in going on in the 23 city of Buffalo for the first time in my memory 9043 1 of the press on a public official who is still 2 alive, because we have said in Buffalo that, 3 generally speaking, the only time that the 4 Buffalo news and many of the local press people 5 say anything nice about anybody is after they 6 die. But Tony has certainly been getting a good 7 deal of good press. 8 I think a good part of it is his 9 own personality, and I think the fact that there 10 is a lot of hope for the future, as well there 11 should be, but it is a very difficult job. Any 12 city in this state, in this day and age, in fact 13 my contention, anyone in public office today, 14 given the nature of the animosity that all of us 15 must face for a public that I think has been 16 turned by, I think many things that maybe aren't 17 even true, but that's beside the point, make it 18 extremely difficult to be in public office and 19 it takes an immense amount of courage to run for 20 an executive office, I believe today such as the 21 mayor of the city of Buffalo. 22 I've known Tony for many, many 23 years. We've worked together extremely well. 9044 1 In fact, during the campaign, there was a lot of 2 references to the fact that Tony Masiello seemed 3 to be able to get things done even though he was 4 a minority party member and some of the press 5 people in Buffalo who had just taken to the 6 usual partisan kind of thing were informed by 7 some people that the western New York 8 delegation, without question has, I think as one 9 of the delegation that works together very hard, 10 Republicans and Democrats, as I think many of 11 you know, we meet together on a regular basis 12 and attempt to do things for our area as best we 13 can and, of course, Tony, in a very rather 14 ticklish position being the reapportionment guy, 15 sometimes it somewhat strained the 16 relationships, but I think it's a tribute to 17 Tony that he was able to get through it in the 18 manner in which the delegation not only stayed 19 together, but I think the friendships that were 20 made in this house and I think in this Capitol 21 remained under sometimes obviously somewhat 22 difficult conditions. 23 My first connection with Tony 9045 1 Masiello is something that most people, I don't 2 think, are aware of. I said it occasionally, 3 that in my younger days -- and I'm a little 4 older than Tony -- that's why this happened. I 5 was connected with Canisius basketball in a much 6 lesser position than Tony was, and I was sent by 7 the coach and general manager to scout the 8 Catholic league play-offs, and the reason I went 9 was that I was supposed to scout Cardinal 10 Doherty, and a senior on this team who was 11 averaging, oh, I don't know, about 40 points a 12 game. And so I went, and my report when I came 13 back was, Well, this fellow scored like 52 14 points, took about 45 shots and made about 25 of 15 them, and I said, Well, he's O.K., but, I said, 16 I must tell you something. In the report, I 17 said there's a sophomore at Cardinal Doherty 18 named Tony Masiello. He's young, he's awkward, 19 but he's going to be a great one. If I were you, 20 telling the coach at the time, if I were you, 21 this is the guy I would keep my eye on, because 22 some day he could be a great one for Canisius, 23 one of the few times in my life that my 9046 1 prophecies were to come true, and a few years 2 later Tony Masiello was to become one of the top 3 basketball players that Canisius College ever 4 had. 5 I also wanted to tell one other 6 little story that my roommate, Ken LaValle, and 7 I probably shouldn't tell about, Mrs. Masiello. 8 A couple of years ago, Kate McHugh was running 9 for the City Council of Albany. It just 10 happened that Senator LaValle and I have an 11 apartment that was within the City Council 12 district. Somehow a sign, and a picture of Kate 13 McHugh ended up in our window, and although Kate 14 was unsuccessful, we did the best we could to be 15 helpful, although we were not able to vote or 16 whatever, but I just want to tell you that 17 story. 18 But at any rate, I can only say 19 to you, Tony, it -- and I've said it to you 20 before, that I certainly wish you the best of 21 luck, the old good news/bad news. The good news 22 is that you have acquired what you wanted to do 23 and I know that, as Billy said, both of us just 9047 1 kind of scratched our heads because we know very 2 well it's something that you've always wanted to 3 do, and I think you're very much suited for it. 4 I really do. 5 We will certainly miss you here. 6 You have really been a tower of strength here. 7 My own very best wishes in behalf of Carol to 8 you, my wife Carol, also to you and to Kate and, 9 of course, the baby who doesn't know what she's 10 getting into, but as somebody who's had three 11 kids that have gone through the political life, 12 I can tell you that mine, I think, have done all 13 right. In fact, my first-born was born the year 14 after I was elected and he seems to have turned 15 out pretty well. He's a senior at Canisius 16 College and doing pretty well, following in the 17 footsteps of myself and, of course, your college 18 also. 19 I wish you again the best, and 20 Godspeed and we will try to see if we can help 21 the city of Buffalo in the best way possible 22 during the coming years, and with Senator 23 Stachowski here, I'm sure everything will work 9048 1 out fine. 2 Thank you. 3 THE PRESIDENT: Senator Daly. 4 SENATOR DALY: Thank you, Mr. 5 President. 6 Tony, after listening to Bill 7 Stachowski tell us how badly you treat him as a 8 friend, it just proves one thing to me, 9 Stachowski will do anything to say he has a 10 friend. 11 And I note also that in the last 12 reapportionment, they gave you one-third of my 13 district, and you lasted one year. I don't know 14 what that says about me or says about you, but I 15 know one thing, you're leaving the Erie County 16 delegation. They've kicked me out of the Erie 17 County delegation. Tony, I think you and I will 18 agree that the Erie County delegation has 19 trouble right now. 20 But seriously, an afternoon such 21 as this when we say goodbye to a colleague, is 22 all too often bittersweet. While we are happy 23 and rejoice in his achievements and his new 9049 1 challenge, we certainly are saddened by the 2 thought that he won't be with us any more to go 3 through the doldrums and the excitement and 4 everything else that encompasses this chamber. 5 Everybody has said, and let me 6 just repeat what a valued member of the western 7 New York delegation you have been, Tony, been 8 friendly, cooperative, and a man I know I 9 enjoyed, and I know the rest of the delegation 10 enjoyed working with. You and I have had some 11 fun on the floor debating some bills and some 12 issues, but it never came off the floor. Our 13 differences have never resulted in any personal 14 differences. Just goes to prove putting up with 15 me what a big man you really are, and, in fact, 16 I would like to say that our relationship has 17 improved over the years as I've gotten to know 18 you better, and you've gotten to accept me 19 better. 20 But, Tony, certainly I join your 21 colleagues from western New York and your 22 colleagues from throughout New York State in 23 wishing you and Kate a great future. I'm sure 9050 1 and I know what the city of Buffalo means to 2 you. I know how much you love it, and that deep 3 and intense feeling which you have, I'm sure, 4 will be translated into great things for the 5 city of Buffalo. 6 I also know that we will see you 7 return to Albany at least once a year, perhaps 8 twice with an empty suitcase, hoping to go back 9 with a full one. We'll be very happy to listen 10 to you, Tony. I don't know what the result will 11 be, but God bless you and the best of luck. 12 THE PRESIDENT: Senator 13 Paterson. 14 SENATOR PATERSON: Thank you, Mr. 15 President. 16 When I first came to this 17 chamber, I sat next to Senator Masiello for 18 about a day and then he had my seat moved away 19 and I've never really held it against him. 20 I remember sadly the first time 21 that I ever heard Senator Masiello speak was in 22 tribute to my predecessor, Senator Leon Bogues, 23 and for some reason I can still remember 9051 1 everything he said. A couple of weeks later, he 2 spoke on the issue of the divestiture in South 3 Africa, and especially on the inability to have 4 the issue and the legislation sponsored by 5 Senator Montgomery discussed on the floor. He 6 talked about the need for participation as being 7 far more important than whether or not we agree 8 or we disagree. And so that was a prelude to a 9 number of years in which Senator Masiello 10 introduced amendments on issues such as aid to 11 dependent families and day care and certain 12 labor issues, and discussed them and debated 13 them particularly well. 14 I, too, remember some of his 15 debates with Senator Daly. I thought they were 16 both excellent. Of course, I had the luxury of 17 agreeing with Senator Masiello a little more 18 often, and think that he will be a tremendous, 19 tremendous mayor of Buffalo. 20 I find him to be a great personal 21 friend. He, of course, distinguished himself 22 long before he came to this chamber, as a 23 basketball player at Canisius. He had an 9052 1 excellent style, of course. Anyone that's ever 2 seen him play knows that he's not fleet of foot, 3 and was pretty much known by his adversaries as 4 performing poetry in place. 5 And so -- but again he is -- has 6 been an outstanding member of this chamber, and 7 I really never thought you would leave Tony 8 because there were a couple of times there were 9 disputes among members about committee 10 assignments, and I deferred to some of my 11 colleagues, Tony, because I thought you'd 12 remember. I guess he'll remember it, but you'll 13 be in no position to help me at this point, but 14 we'll miss you just the same. 15 So to you and Katherine and 16 Ariel, good luck in your endeavors. It will be 17 good news for Buffalo, but we will be focusing 18 on the fact that it won't be good news for us. 19 And so, Tony, I really wish you weren't leaving. 20 I wish Senator Stachowski was leaving. 21 THE PRESIDENT: Senator Smith. 22 SENATOR SMITH: Thank you, Mr. 23 President. 9053 1 I know I should never follow 2 Senator Paterson because he also uses my line, 3 but I still love you. 4 Some five years ago I came here a 5 little frightened, a little green, having never 6 served in a legislative body, and I found a next 7 door neighbor, Tony Masiello. Tony sort of 8 guided me and taught me the ropes and even at 9 times he's kept me there saying some of the 10 things that I should not have said. Tony has 11 always been there when I needed to talk to 12 someone, when I needed to get some advice. 13 Tony, this is my opportunity to 14 thank you. I will miss you very greatly; you 15 deserve all of the best, and I know that you 16 will give your best to Buffalo. You're blessed 17 with a beautiful wife and a lovely child and may 18 your love continued. God bless you and your 19 family. 20 THE PRESIDENT: Senator LaValle. 21 SENATOR LAVALLE: Thank you, Mr. 22 President. 23 I, as chairman of the Higher 9054 1 Education Committee, very, very fortunate with 2 the members on my committee who participate to 3 the fullest. This year, however, I not only 4 lost Senator Sheffer, who was a wonderful par 5 ticipant of the committee, but now I am losing 6 Senator Masiello who has been enthusiastic and a 7 wonderful member of the committee. He has 8 supported many initiatives, and one that was 9 very near and dear to my heart and was 10 controversial at the time, but Tony didn't 11 shrink from the challenge, and that was the 12 Truth in Testing issue, and many other issues 13 that, if it was right he was there regardless of 14 of the adversary, the time. He was a very, very 15 strong supporter to make sure that the higher 16 educational institutions in western New York 17 were well taken care of. 18 This fall, on a trip to western 19 New York, I was before the editorial board and, 20 lo and behold, just before the primary found 21 myself in a position of supporting Tony Masiello 22 and was able to talk in a very forceful way 23 because of not only his participation on many 9055 1 different things that he has done for western 2 New York, but because of his role in higher 3 education, and I spoke forcefully, Tony, because 4 the night before I saw an ad on -- of your 5 opponent dealing with criminal justice and 6 putting police out on the streets, so I felt 7 maybe you needed a little -- a little extra 8 help. 9 But we will certainly miss you 10 because you have always, regardless of your 11 point of view or opposition, it has always been 12 thoughtful and measured, and I am sure that you 13 are going to be a wonderful mayor. 14 Historically, any person who has 15 had a dream has always been able to fulfill that 16 dream because they move towards fulfilling a 17 vision, and I know that you will do a wonderful 18 job for not only the city of Buffalo but for 19 western New York. While we will always extend a 20 helping hand, I'm sure that the cup will always 21 be half empty, Tony, so I hope you will remember 22 that. 23 THE PRESIDENT: Senator Galiber. 9056 1 SENATOR GALIBER: Thank you, Mr. 2 President. 3 Tony, I'm going to take it from a 4 different perspective like my leader said that 5 this was a delightful occasion. I guess in a 6 sense it is, but my view is that this is a sad 7 occasion for me and our colleagues, some of them 8 at least especially those of us who have been 9 around for a while and remember the old days 10 when handshakes were important and a person's 11 word was important and we weren't going so fast 12 as we are today to miss our neighbors. 13 You have always been 14 compassionate and concerned about your fellow 15 persons as you come in contact with them. I, 16 too, will miss you dearly, you and your family, 17 and I want you to remember that those persons, 18 especially on the other side of the aisle who 19 suggested that they will be helpful to you when 20 you come back in your capacity as mayor of 21 Buffalo, I only hope that they remember that as 22 you bring that cup that we mentioned before. 23 Tony had a proclivity and a 9057 1 grace, if you will, and a sensitivity to work 2 with you to the point that you would be relieved 3 of your shoestrings if you weren't careful, and 4 he did it with such grace. Never before has 5 anyone talked me into giving up my position on 6 Banks, on Investigations, on Ethics, and a 7 number of other good committees that, by the 8 way, you understand that you receive, you get 9 these committees only by longevity and in some 10 instances on the level of laws and rules. 11 But he did it so nicely and so 12 gracefully, "Joe, I'd like your help on this. 13 Would you do me a small favor; will you give up 14 Banks? Will you give up something else more 15 important," and he did it gracefully, and to 16 your family, Tony, it's been a good year for all 17 parties concerned and my sensitivities about 18 youngsters, I want you to promise us, I'm sure 19 you promised your wife and your family, but keep 20 it, in a busy public life that you don't get so 21 involved that you leave your family on the 22 side. Nothing is worth that, and I'm sure you 23 understand that you have a most difficult job. 9058 1 Someone once said the -- was it David? -- the 2 second hardest job in the world or first 3 hardest, being mayor of any major city. I don't 4 know why you would take it. There are some of 5 us who recognize that when we get a opportunity 6 to move up the ladder, usually things are so bad 7 by the time you get it that you shouldn't have 8 taken it. 9 But you'll do Buffalo proud, and 10 in the course of doing so, you will do New York 11 State proud because your experience and your 12 exposure here and your graciousness and your 13 understanding and your integrity and your 14 honesty and your word and how you treated people 15 will maybe, not maybe but certainly will make a 16 vast difference in your new role as mayor of 17 Buffalo. 18 I shall personally miss you. 19 You've been a good friend. Probably you don't 20 realize how good a friend you have been to me, 21 but one thing I'm assured of that once you 22 acquire the friendships and the relationships 23 you never lose them. So I will be seeing you 9059 1 again. I wish you Godspeed and take care of 2 that good family of yours. I know you will. 3 Best of luck and happy New Year and Merry 4 Christmas to you. 5 SENATOR LEICHTER: Mr. President. 6 THE PRESIDENT: Senator Skelos. 7 SENATOR SKELOS: Thank you, Mr. 8 President. 9 I had the unique experience of 10 probably conducting more joint hearings with 11 Tony Masiello during the redistricting/ 12 reapportionment process a year or so ago. Some 13 of the assignments that Fred has given you, the 14 Minority Leader, the committee on whatever that 15 is, with the committee assignments in your house 16 and the campaign committee and redistricting, I 17 really wonder at times what kind of a friend 18 could your Minority Leader be to you. 19 But I think really what the 20 Minority Leader recognized in you, Tony, is the 21 fact that, number one, you are a gentleman. 22 Number two, picking up on what Senator Galiber 23 said that your word is your bond, and a hand 9060 1 shake means something to you and also you have 2 the sensitivity of understanding the human 3 nature of politics and, in particular, when you 4 do go through either a campaign or a 5 redistricting process, you need that sensitivity 6 and, quite honestly, even more so when you are 7 sitting on the Minority side. 8 One little experience was in 9 Syracuse when we were conducting one of our 20 10 or so hearings. I believe it was a Saturday 11 morning and we were there, and my wife Gail was 12 there, I believe Kate was there, and Kathy 13 Murphy, and we went at it. We really went at 14 it, and at one point Gail got up and left. I 15 saw her leave, and I said, "What's the matter?" 16 She said, "I thought I was going to get nauseous 17 the way the two of you were going at each 18 other." But that -- that afternoon we had lunch 19 and that night we had dinner and eventually it 20 all came together. Your Conference was 21 represented ably under the circumstances and at 22 all times you had an advocate that was always 23 there thinking about each and every single 9061 1 member of the Conference, not only from a 2 political point of view but also just from a 3 human nature point of view because there is 4 nothing more wrenching, I believe, politically 5 than that process. 6 So Tony, I know that Buffalo is 7 lucky to have you as their mayor. I have to 8 still root for the Jets and the Giants. How 9 ever, they have an advocate now that I believe 10 will be respected here in Albany on a bipartisan 11 basis, and I know that Senator Daly, Senator 12 Volker, a number of people have indicated that 13 we look forward to working with you. We may not 14 be able to accomplish everything that you may 15 want for your great city, but we will be there 16 to work with you on a bipartisan basis when we 17 can, to assist you, because you love your city. 18 You're a good public official and 19 you deserve the assistance that we look forward 20 to giving to you. 21 So to you, to Kate and your 22 beautiful daughter Ariel, we will miss you. We 23 look forward to seeing you at future dates up 9062 1 here as I'm sure we will. You're a good friend 2 and God bless you, Tony. 3 THE PRESIDENT: Senator Onorato. 4 SENATOR ONORATO: Thank you, Mr. 5 President. 6 I would be remiss if I didn't get 7 up to at least say a few words about my very 8 dear colleague, Senator Masiello. I can't 9 attest to the disappointments expressed by 10 Senator Paterson, Senator Galiber and Senator 11 Stachowski. I found Tony only to be a delight 12 when it came out to committee assignments, and I 13 certainly want to thank him for fulfilling all 14 of my desires. The only one he didn't fulfill 15 was when I requested that he make me the 16 Minority Leader. 17 I can attest to Tony's prowess on 18 the basketball court, whether he has speed or 19 not, but I can certainly attest to his eating 20 capacity, and I had a very fond nickname for 21 him, "the wandering fork", because Tony never 22 hesitated to eat part of my food because most of 23 you know that, when I go out to eat, I don't 9063 1 have that great of an eating capacity, so it's 2 an -- it's a fight for survival getting caught 3 between Stachowski and Masiello to finish my 4 meal, but thank God, and on the shopping trips 5 that we make I'm certainly going to miss that. 6 We go to Cohoes, the Crossgates Mall and the 7 Wolf Road shopping center on our spare time and 8 perhaps you've seen some of the results of those 9 shopping sprees and, Tony, I know you're going 10 to make an excellent mayor. 11 You've had all of the back 12 ground capacity for it, you've had the 13 legislative capacity, and now you're going into 14 the executive branch and I'm sure you're going 15 to do an outstanding job in that capacity and, 16 as the holiday season is approaching us now and 17 you're going to be leaving us, I want to wish 18 you and your family everything that I wish for 19 my family. May God bless you. 20 THE PRESIDENT: Senator Leichter. 21 SENATOR LEICHTER: Mr. President, 22 we've heard a lot of good things and heartfelt 23 comments about our colleague, Tony Masiello, and 9064 1 the amazing thing is, everything I heard was 2 true because I think that's what Tony Masiello 3 has been, really a very straightforward, very 4 honest, very decent, very warm person. It's 5 been a delight to serve with you, Tony. 6 Maybe one measure of how much 7 pleasure it's been is when you said that you 8 were here 13 years. I couldn't believe it 9 because it seemed like such a short time and 10 most things in Albany seem endless. But it has 11 been a real pleasure serving with you and, as I 12 try to think over our relationship, our work 13 here together and your quality, the one that 14 really struck me is that you were able always to 15 take very strong principled positions. I never 16 saw you bend, maybe bend a little, certainly not 17 break, but never depart from your principle. 18 But you were always able to do this, to take 19 your positions, without offending anybody. 20 I think everybody always 21 respected your positions, respected you, and 22 your personal warmth, your friendship, your 23 willingness to deal with people on a very human 9065 1 basis never disappeared as you pursued whatever 2 position, no matter how strongly you felt and I 3 don't think anybody here would say that Tony 4 Masiello didn't feel strongly on the issues, I 5 think particularly issues affecting the most 6 disadvantaged in our society. 7 You were a real fighter for those 8 people, but you always did it in a way, in a - 9 with strength, but at the same time without 10 offending or attacking people and losing the 11 high regard and respect that people have for you 12 as an individual. 13 Tony, we're really going to miss 14 you, but I think it's great for the city of 15 Buffalo. You're taking on one of the biggest 16 challenges in our society, as Senator Volker so 17 well said and others have said, to be the mayor 18 of an urban city. But you went into politics to 19 make a difference, to make a change, to 20 accomplish something. You're willing to take on 21 the toughest task. 22 Godspeed. You'll do well, and 23 we'll miss you. Thank you. 9066 1 THE PRESIDENT: Senator Hoffmann. 2 SENATOR HOFFMANN: Thank you. I 3 still remember the very warm welcome that I 4 received from Senator Masiello when I arrived 5 almost ten years ago now, and I was impressed at 6 the time because Tony has displayed a real 7 compassion for minorities, for underprivileged 8 people and most unique a characteristic for a 9 job, for women as well. I don't think I'd ever 10 seen a basketball player before who understood 11 even the rudimentary feminist terminology, but 12 Tony did and, Tony, on a number of times on the 13 floor, in conference and in his legislative 14 activities, was able to articulate needs for 15 women of this state and I'm impressed by that, 16 Tony, and the people of Buffalo are going to be 17 getting a wonderful mayor who really does have a 18 great breadth of experience. 19 There will even be a problem for 20 me when you come to Albany, of course, because 21 you removed me from the Finance Committee, so 22 when you come looking for money, I won't be in 23 any position to do much, and I'll remember the 9067 1 conversation I had with you when I called you 2 about a campaign I was in a couple of years ago 3 and I said, "Tony, they're spending $500,000 to 4 take me out, I really need some help," and Tony 5 said, "We'll send somebody up to see what you're 6 doing wrong." 7 So, Tony, I'll be happy to send 8 somebody up to Buffalo to see what you're doing 9 wrong when you need some help. I believe that 10 colleagues should remember that kind of 11 involvement and look out for each other when we 12 move on to other things. In fact, Tony, I have a 13 whole stack of resumes from people in Syracuse 14 who are looking for an opportunity to relocate 15 now to another city and Buffalo is probably 16 their first choice. So I'll forward all of 17 those to you right away. 18 Tony has been resting these 13 19 years in the Senate. Life in the Minority gives 20 everybody here on this side of the aisle a 21 chance to reflect a little bit on ways that 22 things could be done better. Tony's internal 23 ized a lot and he's grown in that time. I've 9068 1 seen it, we've all grown over here, but Tony now 2 has an opportunity to really let loose some of 3 that pent up energy, and he's got a wealth of 4 creative talent that the people of Buffalo will 5 now enjoy. 6 And Tony, I know that when you go 7 to Buffalo as mayor, you aren't going to forget 8 the lessons in humility that we've learned here 9 and I'm confident that you will always treat 10 everyone the way that we would always like to 11 have been treated here. 12 I think Buffalo is getting an 13 outstanding mayor, and I'm proud of the fact 14 that you will be a credit to this body as a 15 former Senator bringing new stature to this body 16 in your capacity as mayor. 17 Good luck and Godspeed. 18 THE PRESIDENT: Senator 19 Stavisky. 20 SENATOR STAVISKY: I don't know 21 what Buffalo will ask from the state of New York 22 during the budget hearings. Buffalo has no 23 right to ask for additional state aid. We've 9069 1 already helped Buffalo enough by contributing 2 one of the brightest and best persons to serve 3 in government at any level, and I think that 4 that is a contribution that far surpasses any 5 financial aid that we can give to the city of 6 Buffalo. 7 Needless to say, you will not let 8 us get away with that. You will consider it the 9 opportunity to come here with your friends as an 10 opportunity to help your constituents which you 11 have done throughout your career. 12 Tony Masiello is not provincial. 13 He is a statewide public official who under 14 stands the needs downstate, upstate. Any of us 15 would be proud to have a Tony Masiello running 16 for mayor of any city or any county in the state 17 of New York, because we could do no better. 18 I'm very saddened by your 19 departure, but so very happy for you because 20 you've been a warm and understanding friend to 21 so many people in this chamber. You have made 22 it possible for people to serve who often have 23 different perspectives, but because you can see 9070 1 the justice in the advocacy by every member of 2 this chamber, you bring people together. 3 There are few people who are 4 kinder but few people who are tougher when the 5 going gets tough. The competitive spirit of 6 sports you've kept, but the enlightening 7 compassionate spirit that is within you, you 8 have also kept. You have kept us as your warm 9 and deeply indebted friends. That friendship 10 doesn't disappear. 11 Come back, Mr. Mayor. This 12 chamber is your home. 13 THE PRESIDENT: Senator Marchi. 14 SENATOR MARCHI: Mr. President, I 15 believe that Senator Leichter in a way put his 16 finger on it. Everything that's been said rings 17 true because they are true and if we had a 18 system of prospective retrieval and you can get 19 all these words back, maybe you wouldn't have 20 decided not to run at all, but you do bring 21 qualities and each and every member here in this 22 chamber, I've seen it now over the last 40 23 years, and it's so true, each individual, each 9071 1 person brings special and unique qualities that 2 endear and that we treasure and in this setting, 3 it has a special meaning. 4 Earl Brydges used to quote Oscar 5 Wilde, the -- on the Ballad to the Reading Jail 6 about "who lives more lives than one more lives 7 than one must die" and in that sense there is a 8 special quality to the life that we share with 9 each other, and it's nurtured and encouraged by 10 people like yourself. 11 I mean you are the quintessential 12 gentleman. You're the person who exercises his 13 responsibilities with logic, with respect. You 14 improve the entire chamber by your presence, and 15 we feel -- we feel this so deeply. You're going 16 to be the mayor of the second largest city in 17 the state, arguably some years hence from now 18 the third largest city in the state, but we 19 won't put it on a qualitative level because 20 anything that you're -- that you're the captain 21 of, qualitatively cannot be assigned anything 22 but a first place. 23 Tony, God's blessings and our 9072 1 prayers go with you, but only on the promise 2 that you will not be a stranger, and I'm sure 3 that you're a member of the Senate Club and God 4 help you if you don't show up punctually at 5 every one of those annual reunions and more 6 often. 7 ACTING PRESIDENT FARLEY: Senator 8 Masiello. 9 SENATOR MASIELLO: Mr. - 10 ACTING PRESIDENT FARLEY: Oh, 11 wait; Senator Stafford would like to say 12 something before. 13 SENATOR STAFFORD: I certainly am 14 not going to be out in left field when it comes 15 to Buffalo Bills tickets. You know, I'm not 16 going to be left out, as I say, when the Buffalo 17 Bills tickets are available. I mean, you know, 18 you learn certain things. 19 But I would only say, and again 20 sometimes you hesitate to stand up when a number 21 of people have talked because everything has 22 been said, but when I first got here, really 23 when it came to friendship, the party, political 9073 1 party meant absolutely nothing, minuscule, 2 absolutely nothing and if it was like that, many 3 of us wouldn't be in it. Frankly, I think it's 4 getting back more of that today. 5 But I would say Tony Masiello is 6 the type of fellow that sure, he serves his 7 district. He -- in fact, I think he's even been 8 involved in campaigns on his side, but that 9 doesn't mean that he isn't a real, real friend. 10 So we wish him well. Particularly for those 11 people who aren't as old as I am, there was a 12 time when Buffalo was the second largest city in 13 the United States of America. 14 Now, maybe, who knows, maybe 15 we'll be going that way, so we wish you well. 16 ACTING PRESIDENT FARLEY: Senator 17 Masiello. 18 SENATOR MASIELLO: Thank you very 19 much, Mr. Chairman, Senator Farley. 20 This is very difficult for me, so 21 I'm going to try to be as brief as possible, but 22 as sincere as possible and I'd be a little 23 embarrassed if you saw the biggest Italian in 9074 1 Albany crying here on the Senate floor. 2 So to all of you, thank you so 3 much for the 13 years of very fond memories and 4 experiences, and to my great friend and mentor 5 and coach, Fred Ohrenstein, I've learned a lot 6 and thank you. You've been there for me also. 7 To my roommate of 13 years, Billy 8 Stachowski, I've never lived with anybody 13 9 years, I mean up 'til now. I'd rather not 10 comment on the rest of that, but certainly 11 you've been a great friend. And to my new 12 roommate, really Albany has been very, very good 13 to me. It's given me great memories and great 14 relationships, and certainly first and foremost 15 my beautiful wife, Kathleen, who I met here just 16 a couple years ago, and my beautiful daughter 17 Ariel, who is sitting there peacefully right 18 now. Ariel certainly is a Masiello. She loves 19 to eat, she loves to sleep, and she -- hopefully 20 she will have her mother's brains and will be in 21 real good shape. 22 But really seriously, I think 23 what's impressed me most about the past 13 years 9075 1 here in Albany is not the elegance of this 2 chamber which is probably maybe the most mag 3 nificent legislative chamber in the country, and 4 it certainly hasn't been the content of every 5 important piece of legislation that we've passed 6 every year, but really what's first and foremost 7 and really most impressive to me are the people 8 that I've met here, the great diversity, the 9 great strengths of the people who make up the 10 New York State Senate; and I think one thing my 11 opponents did during the campaign was to 12 underestimate Tony Masiello only because they 13 never had the opportunity and the experience 14 that I had had to learn from great minds and 15 people with great hearts and people who had 16 vision and understanding of how government 17 should work, and that was really to my benefit, 18 and I could not have won this year, this 19 election, if it wasn't for my time here in 20 Albany and the relationships I made here. But 21 also as a student of government and as a student 22 of politics, sitting here in the same seat for 23 13 years, Dave, I'm sorry I moved you instead of 9076 1 myself, but certainly watching and observing 2 some of the finest people that I've ever had to 3 work with, and I don't know what else to say. 4 Obviously I'm going to be back. 5 I'll probably have tin cans in my hand, some 6 will be half full and some will be half empty. 7 But to my colleagues not only in this room who I 8 rub shoulders with, but I think tremendous 9 people on our staff who have done a lot to make 10 me look good and smart which is difficult to do, 11 I want to thank you also, and we're going to be 12 back again, and my heart will always be here. I 13 got a great family. The good Lord has blessed 14 me in many ways, my parents and my brothers and 15 sisters, and to my great friends and certainly 16 13 years in the Senate, is right up there with 17 the best of them. 18 Thank you very much, ladies and 19 gentlemen. (Applause) I got a plane to catch. 20 I got to go back to Buffalo and be mayor. 21 ACTING PRESIDENT FARLEY: Senator 22 Present. 23 SENATOR PRESENT: Calendar 1716. 9077 1 ACTING PRESIDENT FARLEY: 2 Calendar Number 1716, Secretary will read it. 3 THE SECRETARY: Calendar Number 4 1716, Senate Bill Number 6225, by the Committee 5 on Rules, Racing, Pari-Mutuel Wagering and 6 Breeding Law. 7 Senator Marino moves to discharge 8 the Committee on Rules from Assembly Number 8935 9 and substitute it for the identical Third 10 Reading 1716. 11 SENATOR PRESENT: Mr. President, 12 I understand there's a merge of necessity at the 13 desk. I move we accept it. 14 ACTING PRESIDENT FARLEY: The 15 substitution is ordered. There is a message at 16 the desk. All in favor of accepting the message 17 say aye. 18 (Response of "Aye.") 19 Those opposed nay. 20 (There was no response.) 21 The message is accepted. You can 22 read the last section. 23 THE SECRETARY: Section 2. This 9078 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes -- ayes 55, 6 nays one, Senator Rath recorded in the 7 negative. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 Senator Present. 11 Let's have a little order here. 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 on behalf of Senator Levy, I'd like to announce 15 there will be a Majority Conference at 7:30 p.m. 16 ACTING PRESIDENT FARLEY: There 17 will be a Majority Conference at 7:30 p.m. 18 SENATOR PRESENT: I now ask the 19 Senate stand at ease until 8:00 p.m. 20 SENATOR STACHOWSKI: I'd just 21 like to announce there will be a Minority 22 Conference at 7:30 p.m. 23 ACTING PRESIDENT FARLEY: There 9079 1 will be a conference of the Minority at 7:30 2 also. 3 Senator Present. 4 SENATOR PRESENT: Mr. President, 5 I would urge all members to be here at the 6 appointed hour and be out of here at a 7 reasonable hour. If they're here, we can do it. 8 ACTING PRESIDENT FARLEY: The 9 Senators are asked to be here at 7:30 for a 10 conference so that we can get out of here at a 11 reasonable hour tonight. 12 The Senate stands in recess. 13 (Whereupon at 4:17 p.m., the 14 Senate recessed.) 15 16 17 18 19 20 21 22 23 9080 1 (Whereupon, at 10:13 p.m., Senate 2 reconvened.) 3 ACTING PRESIDENT KUHL: Senate 4 will come to order. We will return to motions 5 and resolutions. 6 Senator Daly. 7 SENATOR DALY: Mr. President. On 8 page number 4, I offer the following amendments 9 to Calendar Number 1713, Senate Print Number 10 6222, and ask that said bill retain its place on 11 the Third Reading Calendar. 12 ACTING PRESIDENT KUHL: Without 13 objection, so ordered. 14 (Whereupon, at 10:14 p.m., Senate 15 was at ease.) 16 (Whereupon, at 10:25 p.m., Senate 17 reconvened.) 18 ACTING PRESIDENT KUHL: Senator 19 Present. 20 SENATOR PRESENT: Mr. President. 21 Can we take up Calendar 1713. 22 ACTING PRESIDENT KUHL: Clerk 23 will read. 9081 1 THE SECRETARY: Calendar Number 2 1713, by Senator Daly, Senate Bill Number 6222A, 3 an act to amend the Business Corporations Law 4 and the Civil Practice Law and Rules. 5 SENATOR STACHOWSKI: Explanation. 6 SENATOR PRESENT: Mr. President. 7 Is there a message of necessity at the desk? 8 ACTING PRESIDENT KUHL: There is. 9 SENATOR PRESENT: I move that we 10 accept the message. 11 ACTING PRESIDENT KUHL: Without 12 objection, message accepted. 13 Senator Daly, an explanation has 14 been asked for. 15 SENATOR DALY: Mr. President. 16 This bill deals with changing the Business 17 Corporation Law in New York State in regards to 18 shareholder derivative suits. Shareholder 19 derivative suits are suits that are brought by 20 individual shareholders in the name of the 21 corporation, mainly against the individual 22 directors claiming that the director breached 23 their fiduciary responsibilities to the 9082 1 corporation. The question arises why should we 2 make changes to the law? 3 SENATOR PRESENT: Senator Daly. 4 May I interrupt for just a moment. 5 Mr. President. I made a motion 6 that we accept the resolution. Shall we take a 7 vote on that -- the message -- so that it's 8 properly done. 9 ACTING PRESIDENT KUHL: Without 10 objection, the message is accepted. 11 SENATOR PRESENT: No. 12 ACTING PRESIDENT KUHL: No? 13 SENATOR PRESENT: Vote, "all in 14 favor..." 15 ACTING PRESIDENT KUHL: On the 16 motion, all those in favor, signify by saying 17 aye. 18 (Response of "Aye.") 19 Contrary, nay. 20 (There was no response.) 21 The message is accepted. 22 SENATOR DALY: Mr. President. 23 The question rises -- or arises why we should 9083 1 change this law. It's become evident that New 2 York State's Business Corporation Law has fallen 3 badly out of step with developments in corporate 4 governance and finance. In fact, it is claimed 5 that if a lawyer is being consulted by his 6 client who wants to locate his corporation in 7 New York State, the lawyer could be accused of 8 legal malpractice if he did not bring to the 9 client's attention the many disadvantageous 10 aspects of locating in New York State. 11 This particular bill is intended 12 to discourage what are known as strike suits, 13 frivolous derivative actions brought, frankly, 14 in the hope of an out-of-court settlement. 15 The bill does the following 16 things. First of all, as far as universal 17 demand is concerned, before filing a derivative 18 suit, a shareholder would have to wait 90 days 19 after giving independent directors of the 20 corporation the opportunity to determine whether 21 the suit was in the best interest of the 22 corporation. In determining as far as 23 requirements for directors' determination and 9084 1 response to demand, in determining whether 2 maintenance of a derivative suit is in the best 3 interest of the corporation, the independent 4 directors need to be adequately informed and 5 have to reach their determination in good faith 6 with disinterested independence. 7 Basically, what the bill does is 8 it follows and is designed to preserve and give 9 full effect to the basic principles of New York 10 State law as stated in the Court of Appeals in 11 Auerbach versus Bennett, that "Shareholders 12 derivative claims belong to the corporation and 13 that it is the essence of the responsibility and 14 role of the board of directors to determine 15 whether the maintenance of such suits is in the 16 best interests of the corporation." 17 If an a shareholder decides to 18 file a derivative suit, then independent members 19 of the board of the corporation or members 20 appointed by independent members of the board of 21 corporations -- of the board of the corporation 22 would determine whether or not the suit was in 23 the best interest of the corporation and whether 9085 1 the suit, very frankly, was a viable and good 2 suit. 3 In summation, Mr. President, what 4 we're trying to do with this law -- with this 5 bill is to begin to change the corporate image 6 -- I should say the state image that 7 corporations and business in New York State have 8 of this state. 9 I hope that in future months we 10 will come up with more legislation. There is 11 legislation that my Committee on Corporations 12 and Authorities is already considering for next 13 session, and we feel very strongly that we must 14 look at the entire Business Corporation Law and 15 bring New York State into the 21st century 16 which, hopefully, we will be able to face in 17 eight years. 18 In addition to this bill, we're 19 considering the establishment in New York State 20 or allowing the establishment of limited 21 liability companies and again reviewing the BCL 22 for further changes. 23 That's what the bill will do, Mr. 9086 1 President. 2 ACTING PRESIDENT KUHL: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 56. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Present. 13 SENATOR OHRENSTEIN: Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 Ohrenstein. 17 SENATOR OHRENSTEIN: Pursuant to 18 the rules of the Senate, Senator Gold, 19 yesterday, filed a motion to suspend the rules 20 in order to discharge Senate 5787, and a bill 21 previously passed by the Assembly, and I would 22 like to take this motion up at this time while 23 we're standing at ease pending the completion of 9087 1 business. 2 ACTING PRESIDENT KUHL: Senator 3 Present. 4 SENATOR PRESENT: Mr. President. 5 I think Senator Ohrenstein is out of order. 6 We're not at that point in our procedure where 7 we accept and receive such motions. 8 SENATOR OHRENSTEIN: May I then 9 ask unanimous consent that we take up this 10 motion at this time. 11 ACTING PRESIDENT KUHL: Senator 12 Ohrenstein, may I rule on the first motion that 13 you made. And the chair would recognize Senator 14 Present's argument and rule you out of order on 15 that motion. 16 SENATOR OHRENSTEIN: Is that a 17 debatable point? 18 ACTING PRESIDENT KUHL: It is not 19 a debatable motion, sir. 20 SENATOR OHRENSTEIN: Then I 21 appeal the ruling of the chair. 22 ACTING PRESIDENT KUHL: That you 23 are entitled to, sir. 9088 1 SENATOR PRESENT: We have a vote 2 on your ruling. 3 ACTING PRESIDENT KUHL: That will 4 require a vote. 5 Those people that - 6 SENATOR OHRENSTEIN: Wait. Can I 7 be heard? 8 ACTING PRESIDENT KUHL: Senator 9 Ohrenstein - 10 SENATOR OHRENSTEIN: My 11 parliamentarian. 12 ACTING PRESIDENT KUHL: Glad to 13 see you are getting good advice. It is not an 14 arguable motion that you are making, but you can 15 explain your vote, as you are being told. 16 SENATOR OHRENSTEIN: I ask that 17 my name -- my name -- let's be real formal about 18 this. 19 I ask that my name be called be 20 called. Mr. President. 21 ACTING PRESIDENT KUHL: I would 22 remind you that you are allowed two minutes to 23 explain your vote. 9089 1 SENATOR OHRENSTEIN: Yes, sir. I 2 will strictly abide by that reminder. 3 ACTING PRESIDENT KUHL: Thank 4 you. 5 SENATOR OHRENSTEIN: Mr. 6 President. It's clear what's happening here. 7 We have filed a motion pursuant to the rules in 8 order to commence -- in order to attempt to have 9 a debate on Senate 5787, which is a bill 10 previously passed by the Assembly on June 7, 11 1993, which would ban certain assault weapons, 12 possession of certain assault weapons in the 13 State of New York. 14 I have -- simultaneously with the 15 filing of this motion by Senator Gold, I had 16 written a letter to the Majority Leader asking 17 the Majority to discharge this bill so we might 18 debate it and either reject it or pass it. 19 Since that request was not 20 adhered to, we obviously filed this motion to 21 suspend the rules in order to have this debate. 22 I am now told that as a matter of 23 technical matter that we can not debate this 9090 1 motion until the end of the agenda. We all know 2 that we will not be out of here for another hour 3 or two, which would mean that this debate is 4 going to be held sometime past midnight. 5 I just want to put you on notice 6 I'm not going to fall for this game. We've had 7 plenty of time today, all day long, to debate 8 this motion by simply waiving the technicality 9 which we waive 27 times a day, 157 times during 10 a session, in order to advance the taking of 11 business. 12 We have a right to debate this 13 motion. It's a motion to suspend the rules. 14 It's a perfectly legal motion. You want to take 15 it up at the end of the technical agenda. We 16 violate this technical agenda every day in order 17 to advance the business of this session. 18 This is part of the business of 19 this session because we have moved to suspend 20 the rules which we have a right to do, and this 21 deliberate evasion I think does you no good. It 22 does no credit to the Senate, and it certainly 23 does you no credit on this issue. 9091 1 If you are afraid to debate this 2 bill on assault weapons, why don't you say so. 3 If you are not afraid, why don't you allow me 4 this debate right now when we have the time 5 rather than putting us under the pressure of 6 keeping everybody here uselessly sometime at 7 12:00, 1:00 or 2:00 in the moring to have an 8 useless debate. 9 Mr. President. I vote to 10 overrule the chair. 11 ACTING PRESIDENT KUHL: The chair 12 would state that a vote in the affirmative is a 13 vote to sustain the ruling of the chair. 14 Based on that, all those in 15 favor. 16 SENATOR VELELLA: Mr. President. 17 Are we on a roll call? 18 ACTING PRESIDENT KUHL: We are 19 right now, yes. 20 SENATOR VELELLA: I would like to 21 ask for a slow roll call. I resent the fact 22 that people are grandstanding in this chamber 23 and their members aren't here to back up their 9092 1 position. We have our members here. We're 2 going to vote on the bill. Let's have the other 3 side vote on the bill, too. 4 I ask for a slow roll call. 5 ACTING PRESIDENT KUHL: Are there 6 five members in the chamber requesting a slow 7 roll call vote? If so, would they please stand. 8 (Whereupon, at least five members 9 were standing.) 10 Request has been made. 11 Clerk will call the roll. 12 Slowly. 13 Once again, chair would remind 14 the members that a vote in the affirmative is a 15 vote to sustain the ruling of the chair. The 16 ruling was that Senator Ohrenstein's motion was 17 out of order. With that, the clerk will call 18 the roll, slowly. 19 THE SECRETARY: Senator Babbush 20 excused. Senator Bruno. 21 SENATOR BRUNO: Yes. 22 THE SECRETARY: Senator Connor. 23 SENATOR CONNOR: Mr. President. 9093 1 I rise to explain my vote. 2 ACTING PRESIDENT KUHL: Senator 3 Connor. 4 SENATOR CONNOR: Yes, Mr. 5 President. I'm going to vote -- despite the 6 great and enormous respect I have for the member 7 now presiding, I think he is in error in his 8 ruling, and I'm voting to overrule the chair. 9 I think a more important 10 principle is at stake here. I think rules and 11 procedures are designed to facilitate the 12 orderly conduct of business in this chamber, and 13 they ought not be used in this house to 14 frustrate, through technicalities, a legitimate 15 debate particularly when we are officially in 16 session. We all know we will be at ease for - 17 regrettably at ease for the next couple of 18 hours; that we will waste time; that we will 19 once again skulk about in the middle of the 20 night to do business, and call it that, "of the 21 people" while people are at peace in their 22 homes, hopefully. 23 But not all the people are at 9094 1 peace in their homes in this state. Read the 2 newspapers every day: Children are being killed 3 in the streets of this state. Innocent 4 victims. Commuters brought down by semi 5 automatic weapons. 6 While this Senate stands at ease 7 tonight, it will refuse to have a debate on an 8 issue that is now not -- not the bugaboo of a 9 small band of New York City Liberals. It's a 10 national issue. Gun control is a national 11 issue. Eliminating assault weapons, controlling 12 and regulating them is a national issue. Guns 13 proliferate throughout the country and none lead 14 this more than in New York State. 15 The slaughter is out there, but 16 the Majority in this house would use a 17 technicality to frustrate a debate on this 18 motion so we can stand at ease through half of 19 the night. 20 I note no. 21 THE SECRETARY: Senator Cook. 22 SENATOR COOK: Yes. 23 THE SECRETARY: Senator Daly. 9095 1 SENATOR DALY: Yes. 2 THE SECRETARY: Senator 3 DeFrancisco. 4 SENATOR DeFRANCISCO: Yes. 5 THE SECRETARY: Senator DeCarlo. 6 SENATOR DeCARLO: Yes. 7 THE SECRETARY: Senator 8 Dollinger. 9 SENATOR DOLLINGER: Mr. 10 President. I rise to explain my vote. 11 ACTING PRESIDENT KUHL: Senator 12 Dollinger. 13 SENATOR DOLLINGER: I share the 14 concern of my colleagues Senator Connor and 15 Senator Ohrenstein. I guess I'm just amazed, 16 ladies and gentlemen on the other side of the 17 aisle. We came in for a special session this 18 year in December in the holiday season; and what 19 were we told? 20 Well, we were told we have to 21 keep NYRA alive. We've got to do simulcasting 22 in the winter season so that we can keep our 23 racing season alive. 9096 1 We were told a couple minutes ago 2 that the corporations of this state are out 3 there clamoring for changes in their shareholder 4 derivative actions because their pocketbooks 5 might somehow be affected, and their judgments 6 about how to run a corporation might be 7 questioned by their shareholders. We were told 8 that that was important and that we should come 9 together just before this holiday in the middle 10 of December, debate that bill, pass that bill, 11 for the good of our corporate culture. 12 We were told that we had to pass 13 a memorandum of understanding on transportation 14 so that the MTA could continue to function, 15 money would be freed up in Central Hudson, and 16 that we would continue to have the process of 17 transportation construction go forward. We were 18 told that that was very important. 19 We appointed people to boards and 20 courts and commissions and to departments 21 because that was very, very important. 22 But what you're telling the 23 people of this state today, now, in this 9097 1 eleventh hour on a Friday night, is that it's 2 not worth it to debate a bill that could save 3 their lives. It will stop part of the killing 4 that goes on in this state. 5 I'm amazed that the rules and 6 procedures of this body are being used to thwart 7 what is the right thing to do. 8 Gentlemen and lady, your rules 9 and procedures are going to continue to kill 10 people in this state unless we have a legitimate 11 debate about this bill that has already passed 12 one house and a bill that may not solve all the 13 problems of violence but, I dare say, will begin 14 to send a message in this state that we, the 15 members in this body, will no longer tolerate 16 it. 17 Don't let our rules and 18 procedures deny the people of this state the 19 power to be not only safe in their homes but 20 free for even a small amount of the violence 21 that these weapons cause every day in our 22 state. 23 Let's have the debate. Let's 9098 1 have a real vote instead of a vote on 2 technicalities. 3 ACTING PRESIDENT KUHL: Senator 4 Dollinger, how do you vote? 5 SENATOR DOLLINGER: I vote no. 6 THE SECRETARY: Senator Espada. 7 (There was no response.) 8 Senator Farley. 9 SENATOR FARLEY: I vote yes. 10 ACTING PRESIDENT KUHL: Senator 11 Bruno. 12 SENATOR BRUNO: Yes. 13 ACTING PRESIDENT KUHL: Why do 14 you rise? 15 SENATOR BRUNO: Just a point of 16 information. It's my understanding that this is 17 not debatable what is before the house now? 18 This issue is not debatable? 19 ACTING PRESIDENT KUHL: Senator 20 Bruno, we are on a roll call, a slow roll call. 21 Each member is allowed to explain his vote, 22 under the rules, for two minutes. 23 SENATOR BRUNO: And is someone at 9099 1 the chair keeping a two minute time frame? 2 ACTING PRESIDENT KUHL: There is 3 a recording of the time being kept by the clerk. 4 SENATOR BRUNO: Thank you, Mr. 5 President. 6 ACTING PRESIDENT KUHL: Clerk 7 will continue the roll call. 8 THE SECRETARY: Senator Galiber. 9 SENATOR GALIBER: May I have my 10 name called. 11 ACTING PRESIDENT KUHL: Senator 12 Galiber. 13 SENATOR GALIBER: Thank you, Mr. 14 President. Grandstanding, indeed! That was the 15 observation made of myself by my colleague on 16 the other side of our great county. 17 The very issue that we are 18 discussing or attempting to discuss and through 19 some technicality prohibited from doing so, last 20 year we were concerned about the very issue we 21 want to discuss, violence and the guns that are 22 involved. 23 How can we come here and not 9100 1 discuss at all after what occurred in Long 2 Island on the train the violence that occurred 3 because of someone stepping out of bounds, 4 whatever the causal factors may have been for 5 that person to do that? 6 But to come here for special 7 session and on some technicality refuse to let 8 us discuss that, to say to us that it is not 9 important that so many people are dying. 10 You should have been here last 11 week or week before last. We had a conference 12 here. It just happened to be African-American 13 youngsters, but could be any youngsters. I 14 spent the entire three days crying, stopped 15 going to the sessions. When a mother in the 16 City of New York tells us that she lost three 17 children, three sons, over a period of 18, 19 18 months, within a range of 300 yards, three of 19 her sons, and to have the mothers testify about 20 the violence that occurs in the cities of New 21 York and the hamlets throughout the State of New 22 York and suggest that we're grandstanding, 23 suggest that we can't talk about it. 9101 1 We've got -- if you read your 2 mail today -- I'm sure you did -- to see where 3 Richard Girgenti at the New York State Religious 4 Leaders Conference in November of 1930, 1933, 5 "Violence and the fear of violence are robbing 6 this state and nation of its vitality and 7 spirit. 8 Grandstanding, indeed! 9 Generations of Americans - 10 ACTING PRESIDENT KUHL: Senator 11 Galiber. Senator Galiber. 12 SENATOR GALIBER: Yes. 13 ACTING PRESIDENT KUHL: Excuse me 14 just a minute. 15 Senator Present, why do you 16 rise? 17 SENATOR GALIBER: Is this on a 18 technicality or - 19 SENATOR PRESENT: On a 20 technicality, Senator Galiber. I think your two 21 minutes has lapsed. 22 ACTING PRESIDENT KUHL: How do 23 you vote, Senator Galiber? 9102 1 SENATOR GALIBER: I vote against 2 the technicality. 3 THE SECRETARY: Senator Gold, 4 excused. Senator Gonzalez. 5 (There was no response.) 6 Senator Goodman. 7 (There was no response.) 8 Senator Hannon. 9 (There was no response.) 10 Senator Hoffmann. 11 SENATOR HOFFMANN: No. 12 THE SECRETARY: Senator Holland. 13 SENATOR HOLLAND: Yes. 14 THE SECRETARY: Senator Johnson. 15 SENATOR JOHNSON: Aye. 16 THE SECRETARY: Senator Jones. 17 SENATOR JONES: To explain my 18 vote. 19 ACTING PRESIDENT KUHL: Senator 20 Jones to explain her vote. 21 SENATOR JONES: Yes. I'm not 22 going to speak at all to the issue that we are 23 attempting to debate here. I would just like to 9103 1 speak about my colleagues' right to discuss it. 2 If there are rules here, then 3 it's quite clear to me, after a year here, that 4 they can be bent or changed to achieve desired 5 purposes. I think my colleagues have a right to 6 discuss this. 7 I don't think anybody should be 8 proud of the way we do business in this house 9 that we're sitting here at this hour on a 10 holiday season. I think it's a disgrace the way 11 we do business. 12 I think the rules can certainly 13 be bent in this case, as well, if that's what 14 you are calling this technicality, and I think 15 we have a right to discuss something of 16 importance. 17 I vote no. 18 THE SECRETARY: Senator Kuhl. 19 SENATOR KUHL: Aye. 20 THE SECRETARY: Senator Lack. 21 SENATOR LACK: Aye. 22 THE SECRETARY: Senator Larkin. 23 SENATOR LARKIN: Aye. 9104 1 THE SECRETARY: Senator LaValle. 2 SENATOR LAVALLE: Aye. 3 THE SECRETARY: Senator 4 Leichter. 5 (There was no response.) 6 Senator Levy. 7 SENATOR LEVY: Aye. 8 THE SECRETARY: Senator Libous. 9 (There was no response.) 10 Senator Maltese. 11 SENATOR MALTESE: Aye. 12 THE SECRETARY: Senator Marchi. 13 SENATOR MARKOWITZ: Aye. 14 THE SECRETARY: Senator Marino. 15 (Indicating "Aye.") 16 Aye. 17 Senator Markowitz. 18 (There was no response.) 19 Senator Masiello. 20 (There was no response.) 21 Senator Mendez, excused. Senator 22 Montgomery. 23 SENATOR MONTGOMERY: To explain 9105 1 my vote. 2 ACTING PRESIDENT KUHL: Senator 3 Montgomery. 4 SENATOR MONTGOMERY: Yes, Mr. 5 President. I would like to explain my vote on 6 this issue. I think the issue that we're 7 attempting to get on the floor for debate is so 8 much more important than the technicality that 9 is being used to prevent that debate, and I have 10 a feeling like we're all sitting here debating a 11 technicality while our children are being killed 12 in the streets, people on their way home being 13 shot down like animals in the woods as if 14 someone were hunting, while people walk the 15 streets of New York with weapons that are 16 illegal when it comes to sports and hunting. 17 We're not talking about 18 interfering with anybody's pleasure and sport. 19 We're talking about eliminating guns from our 20 streets that are meant solely to kill other 21 people. We now have -- in parts of my district, 22 it is more dangerous for one to leave their home 23 than it is for one -- or it was for soldiers to 9106 1 be on the field in Vietnam. 2 So I am very, very disturbed. 3 Rome is burning, if you will, and we debate a 4 technicality. This, ladies and gentlemen of the 5 chamber, is the level to which we have sunk in 6 terms of hiding our heads in the sand to avoid 7 debating an issue which means life and death to 8 people in this state. I am embarrassed by it. 9 I'm ashamed of it, and I certainly don't like 10 this moment in our history and in the activity 11 of our Legislature, especially the activity in 12 our Senate. 13 So I vote no on the technicality 14 because I think that more than ever, if there 15 was ever any other moment in time that we should 16 be debating that issue, it's right now. 17 I vote no, Mr. President. 18 THE SECRETARY: Senator Nolan. 19 (There was no response.) 20 Senator Nozzolio. 21 SENATOR NOZZOLIO: Aye. 22 THE SECRETARY: Senator 23 Ohrenstein. 9107 1 SENATOR OHRENSTEIN: Mr. 2 President. 3 ACTING PRESIDENT KUHL: Yes, 4 Senator Ohrenstein. 5 SENATOR OHRENSTEIN: I would just 6 like to put this matter into perspective. Last 7 Tuesday evening, a week ago last Tuesday 8 evening, a terrible event happened on the Long 9 Island Railroad and six innocent people were 10 murdered in cold blood and countless others were 11 maimed. The following day, Senator Marino 12 issued a press release deploring this violence 13 and saying amongst other things that the fact 14 that an individual with such a penchant for 15 violence could obtain a dangerous weapon despite 16 New York's tough handgun laws confirms once 17 again the need for strong federal action on 18 firearms control. The Senate's Republican 19 Majority supports such action as the only 20 effective means of keeping guns out of the hands 21 of such dangerous assassin. 22 I issued a release subsequent to 23 this release, agreeing with Senator Marino about 9108 1 the violence and deploring the conditions under 2 which it ensued. But I called upon Senator 3 Marino and the Republican Majority to put on the 4 floor the bill which is at issue here, Senate 5 S.5787, a bill to ban assault weapons in the 6 State of New York and a bill which was passed by 7 the Assembly last June and which would become 8 law were we to pass it today. 9 I join with you in calling for 10 federal action, but we know that that could take 11 months or years because of the activities of the 12 National Rifle Association and others opposed to 13 any kind of gun control, and action by the feds 14 will be years way. We can take action today to 15 ban assault weapons. 16 I then wrote a letter to Senator 17 Marino on December 14, which was on Wednesday, 18 asking him one more time to put this bill on the 19 floor during this special session. I wrote in 20 that letter, "Many members of the..." 21 ACTING PRESIDENT KUHL: Excuse 22 me, Senator Ohrenstein. 23 Senator Present, why do you rise? 9109 1 SENATOR PRESENT: I think that 2 Senator Ohrenstein had his first two minutes at 3 the beginning of this roll call vote. I think 4 you have exceeded two minutes more. 5 SENATOR OHRENSTEIN: Well, can I 6 finish my sentence? 7 SENATOR PRESENT: Finish the 8 sentence, please. 9 SENATOR OHRENSTEIN: At the end 10 of my letter, I said, "Many members of the 11 Senate Democratic conference have expressed a 12 strong desire to vote on the assault weapon bill 13 during the special session. I have, therefore, 14 asked Senator Gold to file a motion to suspend 15 the Senate rules if that is what is necessary to 16 allow us to vote on this bill. I hope we will 17 not have to take this action, and I look forward 18 to working cooperatively with you on this issue 19 so Thursday's session will be marked by decisive 20 action to insure safer streets for all New 21 Yorkers." 22 I ask you again to work with us 23 and not to quibble with us on some 9110 1 technicality. 2 I vote no. 3 THE SECRETARY: Senator Onorato. 4 SENATOR ONORATO: Mr. President. 5 To explain my vote. 6 ACTING PRESIDENT KUHL: Senator 7 Onorato to explain his vote. 8 SENATOR ONORATO: Colleagues, I 9 ask you. It's a frustrating situation, 10 especially on this side of the aisle, that we 11 have to go through some of these type of 12 maneuvers to get something to vote on. We can't 13 get any of our bills out of committee to begin 14 with and to be here on the week before 15 Christmas, one of the most sacred days around, 16 for the Prince of Peace -- the birth of the 17 Prince of Peace to come before us, we are asking 18 you to join with us and helping with that cause 19 of bringing a little bit more peace in this 20 world by banning assault weapons. 21 I don't think it's a very 22 unreasonable request to ask to be debating a 23 bill like this, especially in view of the fact 9111 1 that we are up here for two days. We voted on 2 four bills in two days' time, and we're standing 3 at ease at this particular moment. Why not have 4 some meaningful legislation put before this 5 house. 6 I vote no on the chair's ruling. 7 THE SECRETARY: Senator 8 Oppenheimer. 9 (There was no response.) 10 Senator Padavan. 11 (There was no response.) 12 Senator Pataki. 13 SENATOR PATAKI: Yes. 14 THE SECRETARY: Senator 15 Paterson. 16 ACTING PRESIDENT KUHL: Senator 17 Paterson, to explain his vote. 18 SENATOR PATERSON: Mr. 19 President. In explaining my vote, I would like 20 to ask the chair for a ruling. I understand I'm 21 alloted two minutes. Would I be willing to 22 transfer that two minutes to another Senator, 23 would that be permissible? 9112 1 ACTING PRESIDENT KUHL: I think 2 that would call for the suspension or amendment 3 to the rules, Senator, and I am not in a 4 position to do that. So you have two minutes, 5 or what's left of it to explain your vote. 6 SENATOR PATERSON: Well, in 7 addition to using part of my two minutes, Mr. 8 President, can you tell me who is in position to 9 change that? 10 ACTING PRESIDENT KUHL: Any 11 member at the right time can make the motion. 12 You know that. It's part of the rules which 13 you, I'm sure, have been through and those are 14 what we are following here tonight. 15 SENATOR PATERSON: All right. 16 With the remaining part of my two minutes, I 17 would just like to say that I think that the 18 rules as they stand now should be held void for 19 vagueness, Mr. President, since this is a 20 measure that we take very often by departing 21 from the regular rules in order to go back to 22 motions and resolutions, as we want in this 23 particular case. 9113 1 There are children in this city 2 right now who, on average, are within -- have a 3 one in sixteen chance of being victims of a 4 violent crime from a weapon such as a gun. This 5 rate is higher than the risk that young men and 6 women took when they volunteered for this 7 country's service in Vietnam. And so that would 8 signify to me that we are a nation quite under 9 siege, and I thought that at this special 10 session of the Legislature, at this time when we 11 are really sending a message to people 12 throughout the state that because of unusual 13 circumstances we are going back into regular 14 session, that it would have been far more 15 foresighted for us to take up this debate about 16 assault weapons and to ban them or to not ban 17 them but at least to let the public know that we 18 were addressing the issue. 19 I am disappointed in the ruling 20 that the chair made. 21 Thank you, Mr. President. 22 ACTING PRESIDENT KUHL: How do 23 you vote, Senator Paterson? 9114 1 SENATOR PATERSON: I vote no, Mr. 2 President. 3 ACTING PRESIDENT KUHL: Thank 4 you. 5 THE SECRETARY: Senator Present. 6 SENATOR PRESENT: Mr. President. 7 ACTING PRESIDENT KUHL: Senator 8 Present. 9 SENATOR PRESENT: To explain my 10 vote. 11 ACTING PRESIDENT KUHL: To 12 explain his vote. 13 SENATOR PRESENT: I remind the 14 members that we are only voting on the ruling of 15 the chair. We are not voting on any other 16 issue. 17 I vote yes. 18 ACTING PRESIDENT KUHL: Senator 19 Rath. 20 SENATOR RATH: Aye. 21 THE SECRETARY: Senator Saland. 22 SENATOR SALAND: Aye. 23 THE SECRETARY: Senator 9115 1 Santiago. 2 (There was no response.) 3 Senator Sears. 4 (There was no response.) 5 Senator Seward. 6 SENATOR SEWARD: Aye. 7 THE SECRETARY: Senator Skelos. 8 (There was no response.) 9 Senator Smith. 10 ACTING PRESIDENT KUHL: Senator 11 Smith to explain her vote. 12 SENATOR SMITH: Thank you, Mr. 13 President. These are extraordinary times, and 14 our children are dying in the streets, and it's 15 people who make decisions off the top of their 16 heads to change rulings with very little 17 rationale that make it impossible for people of 18 good will to discuss matters that are important 19 to those that we represent. It's a sad day for 20 the State of New York when we, as their elected 21 officials, can not openly discuss the things 22 that matter to them and try to protect lives. 23 We come here and we waste the 9116 1 taxpayers' money. Four bills in two days. I 2 hope that this bears well on your conscience at 3 this holiday time that you can not even bend the 4 rules enough to allow us to take care of 5 something that is important to the taxpayers who 6 pay our salaries. 7 I vote no, Mr. President. 8 THE SECRETARY: Senator Solomon. 9 (There was no response.) 10 Senator Spano. 11 SENATOR SPANO: Aye. 12 THE SECRETARY: Senator 13 Stachowski. 14 SENATOR STACHOWSKI: Mr. 15 President, to explain my vote. 16 ACTING PRESIDENT KUHL: Senator 17 Stachowski, to explain his vote. 18 SENATOR STACHOWSKI: Although I 19 may personally find this bill technically 20 flawed, I think that Senator Ohrenstein deserves 21 an opportunity to be able to debate it on the 22 floor, and for that reason I vote no. 23 THE SECRETARY: Senator 9117 1 Stafford. 2 SENATOR STAFFORD: Aye. 3 THE SECRETARY: Senator Stavisky. 4 (There was no response.) 5 THE SECRETARY: Senator Trunzo. 6 SENATOR TRUNZO: Yes. 7 THE SECRETARY: Senator Tully. 8 SENATOR TULLY: Aye. 9 THE SECRETARY: Senator Velella. 10 SENATOR VELELLA: Aye. 11 THE SECRETARY: Senator Volker. 12 SENATOR VOLKER: Yes. 13 THE SECRETARY: Senator Waldon. 14 SENATOR WALDON: Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Waldon to explain his vote. 17 SENATOR WALDON: Thank you, Mr. 18 President. Approximately 2,000 years ago, there 19 was no room at the inn; and tonight in this 20 house, there is no room in our procedures to 21 deal with a monumental problem. 22 We can find time to debate 23 expansion of prison cells. We can find time to 9118 1 debate issues not related to the loss of life, 2 but tonight we can not deal with the 67 million 3 guns owned by private citizens. We can not deal 4 with the 1.5 million handguns made in the U.S. 5 in 1992, every 14 seconds. 6 We can't deal with almost $2.3 7 billion worth of injuries from people going to 8 emergency rooms resulting from handguns. 9 Across this country, a handgun 10 related death occurs every 20 minutes. More 11 than 640,000 crimes are committed every year 12 with handguns, murders, robberies, rapes. 13 Every year, 37,000 Americans are 14 killed by handguns in this country. In Korea, 15 we lost 33,651 personnel. In Vietnam, 47,364. 16 We're not listening. 17 Firearms kill more people between 18 15 and 24 years of age than all natural causes 19 combined. The first eleven months of 1993, New 20 York City recorded 5,064 shootings. 21 The first seven months of 1993, 22 guns were used in 74 percent of homicides in New 23 York City accounting for 823 deaths. Last year, 9119 1 they were used in 77 percent of city homicides 2 accounting for 1,541 deaths. We're not 3 listening. 4 Time magazine conducted a poll. 5 They asked the question, "Do you favor stricter 6 gun control laws?" Seventy percent of the 7 people who answered favored the control. "Do 8 you favor mandatory registration of all guns?" 9 Seventy-eight percent of the people who answered 10 favored registration. 11 Bringing it home to the district 12 I represent, every 95 seconds - 13 ACTING PRESIDENT KUHL: Senator 14 Waldon. 15 SENATOR WALDON: Last sentence. 16 I'm concluding. 17 ACTING PRESIDENT KUHL: Senator 18 Waldon. Please excuse me. 19 Senator Present, why do you 20 rise? 21 SENATOR PRESENT: Time. 22 SENATOR WALDON: My last 23 sentence. I'm concluding, Mr. President. 9120 1 SENATOR PRESENT: One sentence. 2 SENATOR WALDON: I thank you, 3 Senator Present. 4 Every 95 seconds a child of 5 African-American heritage is born into poverty. 6 That's bad enough. That is bad enough from the 7 richest country on earth. Worst than that is 8 every six hours a child of African-American 9 heritage dies from firearms. 10 My brothers and sisters in spirit 11 and fact, we are not fulfilling our 12 responsibility as members of this house. There 13 is still no room in this house. 14 ACTING PRESIDENT KUHL: Senator 15 Waldon, how do you vote? 16 SENATOR WALDON: No. 17 THE SECRETARY: Senator Wright. 18 SENATOR WRIGHT: Mr. President to 19 explain my vote. 20 ACTING PRESIDENT KUHL: Senator 21 Wright to explain his vote. 22 SENATOR WRIGHT: I find it 23 interesting that there is a great deal of 9121 1 reference this even<to technicalities when, in 2 fact, we're talking about the rules of the 3 house, and I, too, have been here but one year, 4 and they are the same rules we started in and 5 the same rules we're finishing with this 6 evening. 7 So to use the issue of 8 technicality, they are the rules that we have 9 been governed by for a year now. I think 10 everybody on this side of the aisle and I know 11 on that side of the aisle as well, as well as 12 our colleagues in the Assembly, are well aware 13 of the seriousness of this issue. Nobody is 14 trying to minimize that in any way whatsoever, 15 but I don't think it's simply the issue of 16 assault weapons, and I think we would like to 17 see the same kind of commitment and intensity 18 when we talk about the death penalty, when we 19 talk about creating additional prison cells, 20 when we talk about other measures to curtail 21 crime, not simply a singled-focused issue. 22 The holiday seaso< **REPAIRED** 23 lovely opportunity to provide analogies and 9122 1 religious symbolism, which unfortunately simply 2 makes good copy. This is being utilized this 3 evening not out of questions of good will or 4 good faith but because it's good politics. 5 There is an opportunity here to be utilized to 6 acquire copy. 7 I don't think that's fair to the 8 members of this side of the aisle. I don't 9 think it's fair to any of the colleagues in the 10 house. I think we recognize our obligations. I 11 think we recognize there is more to this issue 12 than simply assault weapons, and I think you 13 will see that dealt with. 14 From my perspective, this is a 15 political issue not an issue of good will and 16 good faith. I have vote yes, Mr. President. 17 ACTING PRESIDENT KUHL: Clerk 18 will call the absentees. 19 THE SECRETARY: Senator Espada. 20 (There was no response.) 21 Senator Gonzalez. 22 (There was no response.) 23 Senator Goodman. 9123 1 (There was no response.) 2 Senator Hannon. 3 (There was no response.) 4 Senator Leichter. 5 (There was no response.) 6 Senator Libous. 7 (There was no response.) 8 Senator Markowitz. 9 (There was no response.) 10 Senator Masiello. 11 (There was no response.) 12 Senator Nolan. 13 SENATOR NOLAN: I would like to 14 rise to explain my vote. 15 ACTING PRESIDENT KUHL: Senator 16 Nolan to explain his vote. 17 SENATOR NOLAN: I would like to 18 urge my colleagues on the other side of the 19 aisle to reflect and maybe consider changing 20 their vote on this on Senator Ohrenstein's 21 bill. And to that end, I would like to ask 22 every member in this chamber to stand and to say 23 a silent prayer for two minutes for the victims 9124 1 of the LIRR massacre last week. 2 (Whereupon, the members of the 3 Senate were standing for two minutes.) 4 ACTING PRESIDENT KUHL: Senator 5 Nolan, how do you vote. 6 SENATOR NOLAN: I vote in the 7 negative. 8 THE SECRETARY: Senator 9 Oppenheimer. 10 (There was no response.) 11 Senator Padavan. 12 (There was no response.) 13 Senator Santiago. 14 (There was no response.) 15 Senator Sears. 16 (There was no response.) 17 Senator Skelos. 18 (There was no response.) 19 Senator Solomon. 20 (There was no response.) 21 Senator Stavisky. 22 (There was no response.) 23 ACTING PRESIDENT KUHL: Results. 9125 1 THE SECRETARY: Ayes 29. Nays 2 13. 3 ACTING PRESIDENT KUHL: The 4 ruling of the chair is sustained. 5 Senator Present, for an 6 announcement. 7 SENATOR PRESENT: Mr. President. 8 I would like to announce an immediate meeting of 9 the Rules Committee in Room 332 and ask that the 10 chamber stand at ease. 11 ACTING PRESIDENT KUHL: There 12 will be an immediate meeting of the Rules 13 Committee in Room 332. 14 The Senate will stand at ease. 15 (Whereupon, at 11:07 p.m., the 16 Senate was at ease.) 17 (Whereupon, at 11:24 p.m., the 18 Senate reconvened.) 19 ACTING PRESIDENT KUHL: Senate 20 will come to order. 21 Senator Present. 22 SENATOR PRESENT: Can we return 23 to reports of standing committees please. 9126 1 ACTING PRESIDENT KUHL: We will. 2 Clerk will read the Rules report. 3 THE SECRETARY: Senator Marino 4 from the Committee on Rules reports the 5 following bills directly for third reading: 6 Senate Bill Number 6226, by 7 Senator Tully and others, an act to amend the 8 Public Health Law, the State Finance Law, the 9 Education Law, Chapter 624 of the Laws of 1986 10 amending the Public Health Law. 11 Also Senate Bill Number 4715A, by 12 Senator Velella, an act to amend the Insurance 13 Law, in relation to permitting motor vehicles 14 no-fault insurance policyholders, covered 15 persons, insurers and self-insurers. 16 Both bills reported directly for 17 third reading. 18 ACTING PRESIDENT KUHL: Without 19 objection, third reading. 20 Senator Present. 21 SENATOR PRESENT: Call up 22 Calendar 1718, please. 23 ACTING PRESIDENT KUHL: Clerk 9127 1 will read Calendar 1718. 2 THE SECRETARY: Calendar Number 3 1718, by Senator Tully, Senate Bill Number 62... 4 Excuse me. Senate Bill Number 5 4715A, by Senator Velella, an act to amend the 6 Insurance Law, in relation to permitting motor 7 vehicle no-fault - 8 SENATOR STACHOWSKI: Lay it 9 aside. 10 ACTING PRESIDENT KUHL: Senator 11 Stachowski, we're on Third Reading Calendar I 12 assume. 13 SENATOR STACHOWSKI: I'm waiting 14 for someone to come out here. Can you just hold 15 it for a second? 16 ACTING PRESIDENT KUHL: Senator 17 Present? 18 SENATOR PRESENT: Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Present. 21 SENATOR PRESENT: Can we call up 22 Calendar 1718. I believe there is a message of 23 necessity at the desk, and I move that we accept 9128 1 the message. 2 ACTING PRESIDENT KUHL: There is 3 a message. Wait a minute. 4 SENATOR PRESENT: I stand 5 corrected. Calendar 1717. 6 ACTING PRESIDENT KUHL: Yes, 7 there is some confusion on the numbers, Senator. 8 Clerk will call up 1717. 9 THE SECRETARY: Calendar Number 10 1717, by Senator Tully and others, Senate Bill 11 Number 6226, an act to amend the Public Health 12 Law, the State Finance Law, the Education Law, 13 Chapter 624 of the Laws of 1986 amending the 14 Public Health Law. 15 ACTING PRESIDENT KUHL: You're 16 correct, Senator, there is an a message of 17 necessity at the desk. 18 SENATOR PRESENT: I move that we 19 accept the message. 20 ACTING PRESIDENT KUHL: All those 21 in favor of accepting the message, signify by 22 saying aye. 23 (Response of "Aye.") 9129 1 Contrary, nay. 2 (There was no response.) 3 The ayes have it. The motion is 4 accepted. Message is accepted. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 56. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 SENATOR TULLY: Mr. President. 15 May I have my name called, please. 16 ACTING PRESIDENT KUHL: Senator 17 Tully. 18 SENATOR TULLY: Thank you, Mr. 19 President. 20 Over 15 months ago, the Council 21 on Health Care Financing began its most recent 22 evaluation of New York's all payor hospital 23 inpatient reimbursement system. This evaluation 9130 1 included a report prepared by the Center for 2 Health Policy Studies, which showed that many of 3 New York hospitals are experiencing huge losses 4 and negative operating margins. 5 This agreed-to bill amends the 6 Public Health Law, Education, and other laws by 7 making adjustments to the inpatient hospital 8 reimbursement system and other important reforms 9 to the current health care system. 10 The primary feature of this bill 11 is the continuation of NYPHRM for two years 12 beginning January 1, 1994. 13 At this particular time, Mr. 14 President, I would like to indicate that this 15 legislation would not have been possible without 16 the contributions of Senator Marino, Senator 17 Cook, and Senator Holland; majority central 18 staff including Angelo Mangia, Gayle Yeomans, 19 Robin Frank, Dave Wollner, Barbara Howard and 20 Margaret Sellers; two people from the 21 Legislative Commission on Rural Resources, Ron 22 Brach and Laura Sherry; Mark Kissinger from 23 Senator Holland's staff; and, of course, my 9131 1 entire staff who all worked together to produce 2 this important health legislation. 3 I would like to compliment all of 4 the negotiators on this matter from the Assembly 5 and the Governor's office in producing this very 6 important three-way piece of legislation. 7 And I like to wish a very, very 8 happy holiday to all of my colleagues and a 9 merry Christmas and the best of the new year to 10 all of the staff who are listening. 11 Thank you very much. 12 ACTING PRESIDENT KUHL: Senator 13 Montgomery. 14 SENATOR MONTGOMERY: I wish to 15 recall the vote by which that last bill passed. 16 Reconsider the vote. Can I reconsider the 17 vote? 18 ACTING PRESIDENT KUHL: Senator, 19 you wish to reconsider the vote by which Senate 20 Calendar Number 1717 passed this house; is that 21 correct? 22 SENATOR MONTGOMERY: I would like 23 to change my vote, and I want to explain my 9132 1 vote. 2 ACTING PRESIDENT KUHL: On the 3 motion for reconsideration. All those in favor, 4 signify by saying aye. 5 The Secretary will call the roll 6 on reconsideration. 7 (The Secretary called the roll on 8 reconsideration.) 9 THE SECRETARY: Ayes 56. 10 ACTING PRESIDENT KUHL: The bill 11 is before the house. 12 Senator Montgomery to explain her 13 vote. 14 SENATOR MONTGOMERY: Yes, thank 15 you. 16 I'm going to vote no on this bill 17 as a protest because I am very disappointed that 18 we do not have in this bill an expansion of 19 services to adolescents. We have no services 20 that are targeting adolescents in this bill. We 21 are not providing primary care in the State of 22 New York to adolescents, and this bill has not 23 corrected that failure in our state. 9133 1 And so as a statement of my 2 extreme disappointment, I am going to vote no 3 because I think there is no excuse for us to be 4 moving forward at all and leaving out an entire 5 segment of the population in the State of New 6 York as we move to try and provide health care 7 to our people. 8 Thank you. 9 ACTING PRESIDENT KUHL: Senator 10 Smith to explain her vote. 11 SENATOR SMITH: Thank you, Mr. 12 President. 13 I, too, join with my colleague 14 Velmanette Montgomery in this protest vote, and 15 I also vote in the negative. 16 ACTING PRESIDENT KUHL: Senator 17 Hoffmann to explain her vote. 18 SENATOR HOFFMANN: I wonder if 19 Senator Tully would yield for a brief question 20 or possibly two? 21 ACTING PRESIDENT KUHL: Senator 22 Hoffmann, we're on a roll call at this time. 23 SENATOR HOFFMANN: I believe we 9134 1 had moved to reconsider the vote. Was I 2 incorrect in understanding that? 3 ACTING PRESIDENT KUHL: And we 4 took a roll call, and we're on a roll call. 5 SENATOR HOFFMANN: Is there a 6 possibility that Senator Tully could answer a 7 question within the roll call? Is that 8 technically not possible? 9 I thought we had reconsidered. I 10 don't want to create a big problem. I just 11 wanted to ask a simple question. 12 SENATOR OHRENSTEIN: Mr. 13 President. 14 ACTING PRESIDENT KUHL: Senator 15 Ohrenstein. 16 SENATOR OHRENSTEIN: We could 17 reconsider the vote a second time, or else let 18 Senator Hoffmann ask a question and we will be 19 done with it. 20 ACTING PRESIDENT KUHL: Senator 21 Hoffmann, if you'd like to ask Senator Tully a 22 question. 23 SENATOR HOFFMANN: Thank you, Mr. 9135 1 President. 2 Senator Tully, could you explain 3 very briefly to me what the impact of the 4 increased 46 million for TB costs will mean on a 5 statewide basis? Is this in fact a statewide 6 figure? Is it site specific or hospital 7 specific; and will it be used for such things as 8 negative pressure rooms? 9 SENATOR TULLY: Yes, Mr. 10 President. 11 ACTING PRESIDENT KUHL: Senator 12 Tully. 13 SENATOR TULLY: The $46 million 14 recognizes the cost for all TB hospitals in the 15 state for tuberculosis. 16 SENATOR HOFFMANN: For all 17 hospitals currently treating tuberculosis 18 cases? 19 SENATOR TULLY: That's correct. 20 SENATOR HOFFMANN: Statewide? 21 SENATOR TULLY: Yes. 22 SENATOR HOFFMANN: That would be 23 including those which have been affected 9136 1 negatively by the influx of inmates that have 2 been transferred into some rooms - 3 SENATOR TULLY: Answer to that is 4 in the affirmative, Mr. President. 5 SENATOR HOFFMANN: Thank you, 6 Senator Tully - 7 ACTING PRESIDENT KUHL: Any other 8 Senators wishing to explain their votes? 9 SENATOR HOFFMANN: -- appreciate 10 your cooperation. 11 ACTING PRESIDENT KUHL: Announce 12 the results. 13 THE SECRETARY: Senator Marino 14 moves to discharge the Committee on Rules from 15 Senate Bill Number 6226 and sub' the identical 16 Assembly Bill 8936. 17 ACTING PRESIDENT KUHL: Without 18 objection, we're going to substitute the 19 Assembly bill for the Senate bill. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 9137 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 54. Nays 4 2. Senators Montgomery and Smith recorded in 5 the negative. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Senator Present. 9 SENATOR PRESENT: Now 1718. 10 ACTING PRESIDENT KUHL: Clerk 11 will read. 12 THE SECRETARY: Calendar Number 13 1718. Senator Velella moves to discharge the 14 Committee on Rules from Assembly Bill Number 15 6277A and substitute it for the identical 16 Calendar Number 1718. 17 ACTING PRESIDENT KUHL: 18 Substitution is ordered. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 9138 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 56. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Present. 6 SENATOR PRESENT: Will you 7 recognize Senator Larkin please. 8 SENATOR LARKIN: Mr. President. 9 I have a privileged resolution at the desk. 10 ACTING PRESIDENT KUHL: Senator 11 Larkin. 12 SENATOR LARKIN: I have a 13 privileged resolution at the desk. 14 ACTING PRESIDENT KUHL: That you 15 do, Senator. 16 Clerk will read the title. 17 THE SECRETARY: Legislative 18 resolution, by Senator Larkin, expressing 19 sincerest sorrow upon the occasion of the death 20 of Lawrence R. Belello Sr., former Republican 21 chairman of Orange County and the Town of New 22 Windsor, New York. 23 ACTING PRESIDENT KUHL: The 9139 1 question is on the adoption of the resolution. 2 All those in favor, signify by saying aye. 3 (Response of "Aye.") 4 Opposed, nay. 5 (There was no response.) 6 The resolution as adopted. 7 Senator Present. 8 SENATOR PRESENT: Mr. President. 9 There being no further business, I move we 10 adjourn subject to the call of the Majority 11 Leader. 12 ACTING PRESIDENT KUHL: There 13 being no business, the Senate stands adjourned. 14 (Whereupon, at 11:40 p.m., Senate 15 adjourned.) 16 17 18 19 20 21 22 23