Wednesday, May 11, 1994

3449 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 11, 1994 11 10:00 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 3450 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. Senators will please find 4 their seats. 5 Please rise with me for the 6 Pledge of Allegiance to the Flag. 7 (Whereupon, the Senate joined in 8 the Pledge of Allegiance to the Flag.) 9 We're pleased to have with us 10 today the Reverend Peter G. Young, Pastor of the 11 Blessed Sacrament Church, Bolton Landing, New 12 York, for the opening prayer. 13 REVEREND PETER G. YOUNG: Thank 14 you, Senator. 15 Let us pray. 16 Dear God, we call upon You to 17 bless the esteemed members of this Senate 18 chamber so that they can carry out their mission 19 of changing this state and making it even 20 better. 21 Despite our failures, we bring 22 together the time and the talent and the 23 dedication that we can share with others. Grant 3451 1 us health and energy in setting right what we 2 find wrong and an opportunity to nourish and 3 practical desire to build up than rather tear 4 down, to reconcile instead of polarize, to go 5 out on a limb rather than crave security. 6 Never to let us forget that it is 7 far better to light the one candle than to curse 8 the darkness, and to join then in their united 9 leadership to make this state a great state, as 10 it is, and even better. 11 In Your name, now and forever. 12 Amen. 13 ACTING PRESIDENT FARLEY: 14 Secretary will begin by reading the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, May 10. The Senate met pursuant to 17 adjournment. Senator Farley in the chair upon 18 designation of the Temporary President. Prayer 19 by Reverend Peter G. Young of the Blessed 20 Sacrament Church of Bolton Landing. The Journal 21 of Monday, May 9, was read and approved. On 22 motion, Senate adjourned. 23 ACTING PRESIDENT FARLEY: Hearing 3452 1 no objection, the Journal will stand approved as 2 read. 3 The order of business: 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 Reports of select committees. 9 Communications and reports from 10 state officers. 11 Motions and resolutions. 12 Senator Wright. 13 Oh, I'm sorry. Senator Present. 14 SENATOR PRESENT: It's all right. 15 SENATOR WRIGHT: Mr. President. 16 On behalf of Senator Maltese, on page 39, I 17 offer the following amendments to Calendar 18 Number 693, Senate Print Number 7446, and ask 19 that said bill retain its place on the Third 20 Reading Calendar. 21 ACTING PRESIDENT FARLEY: Without 22 objection. 23 SENATOR WRIGHT: On behalf of 3453 1 Senator Velella, on page 28, I offer the 2 following amendments to Calendar Number 349, 3 Senate Print Number 5615C, and ask that said 4 bill retain its place on the Third Reading 5 Calendar. 6 ACTING PRESIDENT FARLEY: Without 7 objection. 8 Senator Present. 9 SENATOR PRESENT: Recognize 10 Senator Tully, please. 11 ACTING PRESIDENT FARLEY: Senator 12 Tully. 13 SENATOR TULLY: Yes, Mr. 14 President. I have a privileged resolution at 15 the desk. I ask that you direct the reading of 16 the title at this time. 17 ACTING PRESIDENT FARLEY: 18 Secretary will read the title of Senator Tully's 19 resolution. 20 THE SECRETARY: Legislative 21 Resolution by Senators Tully and Wright, 22 proclaiming the week of May 8th through the 23 14th, 1994, as National Hospital Week in the 3454 1 State of New York. 2 ACTING PRESIDENT FARLEY: On the 3 resolutions, all those in favor, aye. 4 (Response of "Aye.") 5 Those opposed, nay. 6 (There was no response.) 7 The resolution is adopted. 8 Senator Present. 9 SENATOR PRESENT: Will you 10 recognize Senator Marchi, please. 11 ACTING PRESIDENT FARLEY: Senator 12 Marchi. 13 SENATOR MARCHI: Mr. President. 14 I have a privileged resolution that I would like 15 to advance here and request that it be read in 16 its entirety. 17 ACTING PRESIDENT FARLEY: The 18 Secretary will read Senator Marchi's resolution 19 in its entirety. 20 THE SECRETARY: Legislative 21 Resolution, by Senator Marchi, commending the 22 courageous life and achievements of Captain John 23 J. Drennan, Jr. of the New York City Fire 3455 1 Department. 2 Whereas, this Legislative Body 3 learned with sorrow of the death on May 7, 1994, 4 of Captain John J. Drennan of Eltingville, 5 Staten Island, from burns suffered while 6 fighting a fire in Manhattan on March 28, 1994. 7 People throughout America had 8 focused on Captain Drennan's 40-day hospital 9 ordeal during which he fought bravely for life 10 after suffering third-degree burns while 11 responding to a two-alarm fire in SoHo, 12 Greenwich Village. 13 Captain Drennan, 49, in company 14 with firefighters James F. Young of Queens and 15 Christopher J. Siedenburg of Great Kills, Staten 16 Island, had been searching the building when 17 overheated gases exploded in a flashover; the 18 explosion took the lives of Fireman Young, 31, 19 and Fireman Seidenburg, 25, and sent Captain 20 Drennan to the Burn Center at New York Hospital 21 Cornell Medical Center. 22 His courageous fight for life 23 gripped the city, state, and nation and brought 3456 1 home to everyone the constant danger routinely 2 endured by firefighters in New York, justly 3 acclaimed as "New York's Bravest", and in 4 communities throughout America. 5 Because this Legislative Body 6 takes official notice periodically of the deeds 7 performed for the public good by exemplary 8 individuals such as Captain Drennan and his 9 colleagues and because it chooses to do so now, 10 let it be known to all that John J. Drennan was 11 a hero by every definition of the word; a 12 decorated firefighter, he joined the New York 13 City Fire Department on November 30, 1968, 14 serving with Engine Company 6, Manhattan, for 15 five years, after which he transferred to Ladder 16 Company 79, West Brighton, Staten Island. 17 Industrious on and off the job, 18 he studied for years in pursuit of his goal of 19 becoming a fire officer and in 1982 was promoted 20 to lieutenant and assigned to the 32nd Battalion 21 in Brooklyn; in 1986, he transferred to Ladder 22 Company 114 in Brooklyn. 23 Captain Drennan's admirable 3457 1 career was marked by many instances of bravery, 2 and he was decorated for several of them; in 3 1976, he was presented with the M. J. Delehanty 4 Medal and a citation for trying to save a mother 5 and daughter trapped in their home in West 6 Brighton. 7 In 1978, while off duty, Captain 8 Drennan ran into a burning building near his 9 home to look for trapped victims; for this act 10 of courage and quick thinking, he was presented 11 with the Meritorious Act Award. 12 In 1982, Captain Drennan and 13 another firefighter rescued two infants from a 14 tenement fire in Bay Ridge, Brooklyn, and 15 performed mouth-to-mouth resuscitation; the 16 firemen saved the infants' lives. 17 Captain Drennan served his 18 community in the Fire Department and in work 19 with young people; he became the football coach 20 at Tottenville High School in 1972 and won 21 acclaim for his quiet, positive approach to the 22 game and its young players; his associates 23 praised him as a major positive influence on his 3458 1 players. 2 In 1977, he moved on to become 3 the assistant football coach at Wagner College 4 at which he was a 1967 graduate with a degree in 5 elementary education. 6 Out of love for working with 7 youngsters and sports, he also officiated at 8 high school, college, and sand lot football and 9 softball games and Staten Island touch tackle 10 league games. 11 Captain Drennan was known to 12 professional and personal friends as a model 13 husband and father; he and his courageous wife, 14 Alvina, were blessed with four children - 15 Jessica, Adrienne, Justine and John Joseph, III; 16 now, therefore, be it 17 Resolved, that this Legislative 18 Body pause in its deliberation to commend the 19 courageous life and achievements of Captain John 20 J. Drennan, Jr., of the New York City Fire 21 Department; and be it further 22 Resolved, that this Legislative 23 Body extend its heartfelt sympathies to the 3459 1 families of Firemen James Young and Christopher 2 Seidenburg, along with the gratitude of the 3 citizens of New York for the countless acts of 4 heroic devotion to duty performed in the public 5 interest every day; and be it further 6 Resolved, that copies of this 7 resolution, suitably engrossed, be transmitted 8 to Mrs. Alvina Drennan and her family, and to 9 the families of Firemen James Young and 10 Christopher Siedenburg. 11 ACTING PRESIDENT FARLEY: Senator 12 Marchi on the resolution. 13 SENATOR MARCHI: Mr. President. 14 I know that the community of Staten Island was 15 profoundly shocked with the death of this 16 extraordinary and valorous individual. Not only 17 for the experience that he went through and the 18 deeds that he had accomplished but he was so 19 intimately involved in the life of the community 20 that it was like a member of the family, 21 everyone's family, having suffered a great 22 personal loss. 23 It's a further tribute to the 3460 1 ready disposition and availability of our fire 2 fighters, who are always available, constantly 3 available, making even the supreme sacrifice 4 even against the greatest odds if it means the 5 slightest possibility of saving death and 6 assisting people in great need because of a 7 calamity, the likes of which they experience 8 many times over. 9 There is considerable work going 10 on in developing protective clothing that will 11 not only enable survivorship under these 12 circumstances but will also not be limiting, and 13 it would appear that that equipment is almost at 14 hand now, and the equipment would not be 15 limiting in the exercise of physical exertion or 16 faculties and at the same time afford protection 17 even under the very -- most extreme heat. 18 I don't know if many of you have 19 ever gone to fire control school, maybe in the 20 service or what not, but you get into heat 21 exceeding a thousand degrees. It is possible to 22 survive but it is -- the hazard is there, and 23 certainly people like Captain Drennan 3461 1 commends -- commends his sacrifice to the 2 community that he served in a very special way. 3 So anyone that wants to join in 4 the resolution, I'm sure will be welcome. 5 ACTING PRESIDENT FARLEY: The 6 resolution is open to anyone that wishes to 7 sponsor. 8 SENATOR PRESENT: Mr. President. 9 ACTING PRESIDENT FARLEY: Yes. 10 SENATOR PRESENT: Why don't we 11 follow the procedure we set and provide 12 everybody be a sponsor of this resolution with 13 the exception of those who decline. 14 ACTING PRESIDENT FARLEY: Yes. 15 See the desk if you don't care to be on the 16 resolution. 17 No. We didn't adopt it yet. 18 All in favor of the resolution 19 say aye. 20 (Response of "Aye.") 21 Those opposed, nay. 22 (There was no response.) 23 The resolution is adopted. 3462 1 Senator Present. 2 SENATOR PRESENT: Would you 3 recognize Senator Goodman, please. 4 ACTING PRESIDENT FARLEY: Senator 5 Goodman. 6 SENATOR GOODMAN: Mr. President. 7 On February 26, 1994, the city, state, and 8 nation lost an extraordinary pioneer in the 9 field of audio design and a noted philanthropist 10 and patron of the arts who gave generously of 11 his wealth to support innumerable arts 12 institutions and many individual artists. 13 His name is one which will be 14 familiar to all of us -- Avery Fisher. I dare 15 say virtually everyone in this room at one time 16 or another has been in the Avery Fisher Hall at 17 Lincoln Center which is named after the 18 gentleman to whom I'm referring, who had unique 19 pioneering skills in inventing a series of 20 transistorized radio receivers and record 21 players that brought the term "high fidelity" to 22 it's true meaning in the 1960s, '70s and '80s. 23 Upon perfecting this design and 3463 1 having the good fortune to prosper to an 2 extraordinary degree in the furtherance of the 3 Fisher Audio Component Company, Mr. Fisher sold 4 his company and then turned his efforts, as he 5 put it, to repaying his debt. In doing this, he 6 supported innumerable noted musicians these 7 included such famed names as Andre Watts, Murray 8 Perahia, Richard Goode, Emanuel Ax and Horacio 9 Gutierrez, Yo-Yo Ma, Lynn Harrell and violinist 10 Elmar Oliveira, and clarinetist Richard 11 Stoltzman. 12 Mr. President, Avery Fisher made 13 a gift of $10.5 million toward the renovation 14 and maintenance of the Philharmonic Hall at 15 Lincoln Center, and it was in recognition of 16 that great generosity that the hall was renamed 17 the Avery Fisher Hall. 18 May I just say on a personal 19 note, it had been my privilege to know and to 20 see Mr. Fisher on a number of occasions 21 involving the arts in New York City, and one of 22 the striking features of this unique man was his 23 great sense of humor. He was a man of 3464 1 humility. He had a common touch. He loved his 2 fellow musicians and he loved his fellow human 3 beings, and there could have been nothing that 4 brought him greater pleasure than to sit in the 5 hall named after him on innumerable occasions 6 listening to the some of the greatest concerts 7 of these past decades. 8 Mr. President. I would like to 9 move this resolution, waive its reading, and ask 10 the Senate to unanimously salute an 11 extraordinary individual and a great patron of 12 the arts. 13 ACTING PRESIDENT FARLEY: 14 Secretary will read the title of the resolution. 15 THE SECRETARY: Legislative 16 Resolution, by Senator Goodman, honoring the 17 life and accomplishments of Avery Fisher. 18 ACTING PRESIDENT FARLEY: All in 19 favor of the resolution, say aye. 20 (Response of "Aye.") 21 Those opposed, nay. 22 (There was no response.) 23 The resolution is adopted. 3465 1 Is the resolution open, Senator 2 Goodman? 3 SENATOR GOODMAN: Yes, indeed, it 4 is, Mr. President. 5 ACTING PRESIDENT FARLEY: The 6 resolution is open. Everyone on it? 7 SENATOR PRESENT: The same 8 procedure we've established. 9 ACTING PRESIDENT FARLEY: Same 10 procedure. If you do not wish to be on the 11 Avery Fisher resolution, notify the desk. 12 Senator Daly. 13 SENATOR DALY: Mr. President. On 14 behalf of Senator Libous, please place a sponsor 15 star on Calendar Numbers 806, 853, 854 and 856. 16 ACTING PRESIDENT FARLEY: The 17 bills are starred. 18 SENATOR DALY: Mr. President. I 19 move that the following bill be discharged from 20 their respective committees and be recommitted 21 with instructions to strike the enacting 22 clause: Senate 5081. 23 ACTING PRESIDENT FARLEY: Without 3466 1 objection. 2 Senator Present. 3 SENATOR PRESENT: Would you 4 recognize Senator Waldon, please. 5 ACTING PRESIDENT FARLEY: Senator 6 Waldon. 7 SENATOR WALDON: Thank you very 8 much, Senator Present. 9 Mr. President. My colleagues. 10 We have with us today the very distinguished 11 Assemblywoman from the Rockaways, the Honorable 12 Audrey Pheffer, and she has been kind enough to 13 escort Deacon Hitter and 36 children, 36 14 outstanding young children, so that we know the 15 future of this country is going to be in great 16 hands, from St. Francis De Salle School in that 17 part of the district that I serve known as the 18 Rockaways. 19 These are fourth graders soon to 20 be college seniors, I'm sure, and I would like 21 my colleagues to look into the gallery and see 22 their beautiful faces, to see their attentive 23 looks as they pay attention to the proceedings 3467 1 of this august body. 2 And I wish that each would join 3 me in welcoming them to Albany and to the 4 Senate. 5 (Applause.) 6 Thank you very much, Mr. 7 President. 8 ACTING PRESIDENT FARLEY: On 9 behalf of the Senate, let me welcome you fourth 10 graders to the Senate. We're pleased to have 11 you here. Come back and visit us again. 12 SENATOR WALDON: Thank you, Mr. 13 President. 14 ACTING PRESIDENT FARLEY: Senator 15 Present. 16 SENATOR PRESENT: I think we're 17 ready for the noncontroversial calendar. 18 ACTING PRESIDENT FARLEY: We have 19 some substitutions. 20 SENATOR PRESENT: Mr. Cornell has 21 some substitutions. 22 ACTING PRESIDENT FARLEY: If we 23 may do those first. 3468 1 Secretary will read the 2 substitutions. 3 THE SECRETARY: On page 4 of 4 today's calendar, Senator Cook moves to 5 discharge the Committee on Health from Assembly 6 Bill Number 10090 and substitute it for the 7 identical Calendar Number 904. 8 ACTING PRESIDENT FARLEY: 9 Substitution ordered. 10 THE SECRETARY: On page 6, 11 Senator Velella moves to discharge the Committee 12 on Finance from Assembly Bill Number 5972B and 13 substitute it for the identical Calendar Number 14 923. 15 ACTING PRESIDENT FARLEY: 16 Substitution ordered. 17 THE SECRETARY: Senator Tully 18 moves to discharge the Committee on Finance from 19 Assembly Bill Number 6862C and substitute it for 20 the identical Calendar Number 924. 21 ACTING PRESIDENT FARLEY: 22 Substitution ordered. 23 THE SECRETARY: On page 7, 3469 1 Senator Marchi moves to discharge the Committee 2 on Finance from Assembly Bill Number 9288 and 3 substitute it for the identical Calendar Number 4 928. 5 ACTING PRESIDENT FARLEY: 6 Substitution ordered. 7 THE SECRETARY: On page 8, 8 Senator Johnson moves to discharge the Committee 9 on Finance from Assembly Bill Number 9380A and 10 substitute it for identical Calendar Number 935. 11 ACTING PRESIDENT FARLEY: 12 Substitution ordered. 13 THE SECRETARY: Senator Stafford 14 moves to discharge the Committee on Finance from 15 Assembly Bill Number 10022 and substitute it for 16 identical Calendar Number 937. 17 ACTING PRESIDENT FARLEY: 18 Substitution ordered. 19 THE SECRETARY: On page 8, 20 Senator Farley moves to discharge Committee on 21 Finance from Assembly Bill Number 10487 and 22 substitute it for identical Calendar Number 939. 23 ACTING PRESIDENT FARLEY: 3470 1 Substitution ordered. 2 THE SECRETARY: On page 9, 3 Senator Seward moves to discharge the Committee 4 on Energy from Assembly Bill Number 562A and 5 substitute it for the identical Calendar Number 6 947. 7 ACTING PRESIDENT FARLEY: 8 Substitution ordered. 9 THE SECRETARY: On page 10, 10 Senator Solomon moves to discharge the Committee 11 on Judiciary from Assembly Bill Number 8483 and 12 substitute it for the identical Calendar Number 13 960. 14 ACTING PRESIDENT FARLEY: 15 Substitution ordered. 16 THE SECRETARY: On page 12, 17 Senator Maltese moves to discharge the Committee 18 on Crime Victims, Crime and Correction from 19 Assembly Bill Number 169 and substitute it for 20 the identical Calendar Number 974. 21 ACTING PRESIDENT FARLEY: 22 Substitution ordered. 23 THE SECRETARY: On page 13, 3471 1 Senator Oppenheimer moves to discharge the 2 Committee on Veterans from Assembly Bill Number 3 9826 and substitute it for the identical 4 Calendar Number 982. 5 ACTING PRESIDENT FARLEY: 6 Substitution ordered. 7 THE SECRETARY: On page 16, 8 Senator Stavisky moves to discharge the 9 Committee on Transportation from Assembly Bill 10 Number 3908A and substitute it for the identical 11 number 1000. 12 ACTING PRESIDENT FARLEY: 13 Substitution ordered. 14 THE SECRETARY: On page 19, 15 Senator Levy moves to discharge the Committee on 16 Transportation from Assembly Bill Number 9241 17 and substitute it for the identical Calendar 18 Number 1025. 19 ACTING PRESIDENT FARLEY: 20 Substitution ordered. 21 THE SECRETARY: On page 19, 22 Senator Levy moves to discharge the Committee on 23 Transportation from Assembly Bill Number 2235A 3472 1 and substitute it for the identical Calendar 2 Number 1028. 3 ACTING PRESIDENT FARLEY: 4 Substitution ordered. 5 Noncontroversial. 6 THE SECRETARY: On page 34, 7 Calendar Number 596, by Senator Daly, Senate 8 Bill Number 6899B, an act to amend the Insurance 9 Law and the Workers' Compensation Law. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 58. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 654, by Senator Hannon. 22 SENATOR GOLD: With the consent 23 of the sponsor, may we lay that over for the 3473 1 day, please? 2 ACTING PRESIDENT FARLEY: Lay the 3 bill aside. He's not here. 4 Senator Present, do you want to 5 lay it aside for the day? 6 SENATOR PRESENT: For the day. 7 ACTING PRESIDENT FARLEY: For the 8 day. 9 THE SECRETARY: Calendar Number 10 663, by Member of the Assembly Pheffer, Assembly 11 Bill Number 825, an act to amend the Insurance 12 Law, in relation to notice of the availability 13 of uninsured motorist coverage. 14 ACTING PRESIDENT FARLEY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FARLEY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 58. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 3474 1 THE SECRETARY: Calendar Number 2 691, by Senator Volker, Senate Bill Number 7414, 3 an act to amend the Penal Law and the 4 Administrative Code of the City of New York. 5 SENATOR GOLD: Lay it aside. 6 ACTING PRESIDENT FARLEY: Lay it 7 aside. 8 THE SECRETARY: Calendar Number 9 699, by Senator Volker, Senate Bill Number 7574, 10 an act to amend the Criminal Procedure Law, in 11 relation to corrective remedies. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT FARLEY: I'm 20 sorry, Senator Gold, what - 21 SENATOR GALIBER: I asked for it. 22 ACTING PRESIDENT FARLEY: Senator 23 Espada in the negative. 3475 1 SENATOR GALIBER: No, no, no, 2 no. I ask that the bill be laid aside. 3 ACTING PRESIDENT FARLEY: Senator 4 Leichter is in the negative. 5 SENATOR GALIBER: No. Let me try 6 again. 7 ACTING PRESIDENT FARLEY: Do you 8 want to lay it aside? 9 SENATOR GALIBER: Yes, I asked 10 that the bill be laid aside. 11 ACTING PRESIDENT FARLEY: I'm 12 sorry. I didn't hear you. Lay the bill aside. 13 THE SECRETARY: Calendar Number 14 727, by Senator Hannon. 15 SENATOR GOLD: With the consent 16 of the sponsor, will you please lay it aside for 17 the day. He has already told me. 18 SENATOR PRESENT: Lay it aside 19 for the day. 20 ACTING PRESIDENT FARLEY: Lay it 21 aside for today. 22 THE SECRETARY: Calendar Number 23 733, by Senator Cook, Senate Bill Number 4754A, 3476 1 to grant permanent competitive Civil Service 2 status to a certain employee. 3 ACTING PRESIDENT FARLEY: There 4 is a home rule message here at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FARLEY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 57. Nays 12 1. Senator Leichter - 13 SENATOR GALIBER: Can you 14 withdraw the roll call? I'm awful sorry. Lay 15 that bill aside. 16 ACTING PRESIDENT FARLEY: 17 Withdraw the roll call. Lay the bill aside. 18 THE SECRETARY: Calendar Number 19 750, by Senator Tully, Senate Bill Number 1015B. 20 SENATOR GOLD: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 3477 1 757, by Senator Stafford. 2 SENATOR OPPENHEIMER: Lay it 3 aside. 4 ACTING PRESIDENT FARLEY: Lay it 5 aside. 6 THE SECRETARY: Calendar Number 7 758, by Senator Cook, Senate Bill Number 2279, 8 an act to amend the Highway Law. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 58. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 773, by Senator Saland. 21 SENATOR MENDEZ: Lay it aside. 22 SENATOR GOLD: Lay it aside for 23 the day. 3478 1 ACTING PRESIDENT FARLEY: Lay it 2 aside. 3 SENATOR GOLD: Sponsor agreed to 4 lay it aside for the day. 5 ACTING PRESIDENT FARLEY: For the 6 day. 7 SENATOR PRESENT: Lay it aside. 8 THE SECRETARY: Calendar Number 9 787, by Senator Cook, Senate Bill Number 7697, 10 an act to amend the Education Law and the Public 11 Health Law. 12 SENATOR GOLD: Senator Cook, lay 13 that aside for the day, please. 14 SENATOR COOK: Sure. 15 SENATOR GOLD: Thank you very 16 much. 17 ACTING PRESIDENT FARLEY: Lay it 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 804, by Senator Lack, Senate Bill Number 1322B, 21 an act to amend the Labor Law, in relation to 22 enacting the Advanced Technology Act of 1994. 23 ACTING PRESIDENT FARLEY: Read 3479 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 58. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 804. In relation to Calendar Number 804: Ayes 12 57. Nays 1. Senator Libous recorded in the 13 negative. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 805, by Senator Spano, Senate Bill Number 2028A, 18 an act to amend the Labor Law, in relation to 19 the amount of unemployment benefits payable. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 3480 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 58. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 807, by Senator Spano, Senate Bill Number 5207A, 9 an act to amend the Workers' Compensation Law. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 58. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 808, by Senator Spano, Senate Bill Number 7011, 22 an act to amend the Labor Law, in relation to 23 the time allowed for meal periods. 3481 1 ACTING PRESIDENT FARLEY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FARLEY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 58. 9 ACTING PRESIDENT FARLEY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 816, by Senator Saland, Senate Bill Number 13 5765B, authorizing the Town of Wappinger, County 14 of Dutchess, to discontinue the use of land. 15 ACTING PRESIDENT FARLEY: There 16 is a home rule message here at the desk. 17 You can read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 58. 3482 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 818, by Senator Skelos, Senate Bill Number 6344A 5 General Municipal Law, in relation to authorizing 6 an early bird Bingo game. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FARLEY: Call 12 the roll. 13 SENATOR PADAVAN: Lay it aside. 14 ACTING PRESIDENT FARLEY: Lay the 15 bill aside. Withdraw the roll. 16 SENATOR PRESENT: Lay it aside 17 for the day. 18 ACTING PRESIDENT FARLEY: Lay it 19 aside for the day. 20 THE SECRETARY: Calendar Number 21 823, by Senator Stafford, Senate Bill Number 22 7023, authorizing the Town of Waverly, County of 23 Franklin, to discontinue use of and transfer 3483 1 certain parklands. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 58. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 833, by Senator Maltese, Senate Bill Number 14 1648, an act to amend the Correction Law. 15 SENATOR GOLD: Lay it aside. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 834, by Member of the Assembly Ramirez, Assembly 20 Bill Number 7960. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 3484 1 852, by Senator Libous, Senate Bill Number 7039, 2 an act to amend the Mental Hygiene Law. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 57. Nays 11 1. Senator Kuhl recorded in the negative. 12 ACTING PRESIDENT FARLEY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 861, by Senator Nozzolio, Senate Bill Number 16 7669, an act to amend the Election Law, in 17 relation to combining election districts. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 3485 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 58. 3 ACTING PRESIDENT FARLEY: That 4 bill is passed. 5 Senator Present, that's the first 6 time through. 7 SENATOR PRESENT: Mr. President. 8 Let's take up the controversial calendar. 9 ACTING PRESIDENT FARLEY: Before 10 we do that -- Senator Kuhl. 11 SENATOR KUHL: Yes, Mr. 12 President. I would like unanimous consent to be 13 recorded in the negative on Calendar Number 663 14 and also Calendar Number 807. 15 ACTING PRESIDENT FARLEY: Senator 16 Kuhl will be recorded in the negative on 17 Calendar 663 and Calendar 807. 18 SENATOR KUHL: Thank you, Mr. 19 President. 20 ACTING PRESIDENT FARLEY: Senator 21 Wright. 22 SENATOR WRIGHT: Mr. President. 23 On behalf of Senator Skelos, I would ask the 3486 1 star be removed on number 317. 2 ACTING PRESIDENT FARLEY: The 3 star is removed at the request of the sponsor. 4 Controversial. 5 THE SECRETARY: On page 39, 6 Calendar Number 691, by Senator Volker, Senate 7 Bill Number 7414, an act to amend the Penal Law 8 and the Administrative Code of the City of New 9 York. 10 SENATOR MALTESE: It's laid aside 11 for the day. 12 ACTING PRESIDENT FARLEY: Lay it 13 aside for today. 14 SENATOR MALTESE: I'm sorry. 15 ACTING PRESIDENT FARLEY: Senator 16 Maltese. 17 SENATOR GOLD: Mr. President. 18 ACTING PRESIDENT FARLEY: Senator 19 Gold. 20 SENATOR GOLD: Yes. Senator 21 Maltese was kind enough to agree to put over a 22 different bill for Senator Galiber, but this 23 one, if he wants to explain it, we can go with 3487 1 it right now. 2 ACTING PRESIDENT FARLEY: Senator 3 Maltese, Calendar 699, for Senator Volker. 4 SENATOR MALTESE: No. 5 ACTING PRESIDENT FARLEY: I'm 6 sorry. 691. I apologize. It's also on behalf 7 of Senator Volker. 8 SENATOR MALTESE: This bill would 9 exempt from the fee for license as a gunsmith 10 dealer in firearms or for license to have and 11 carry a concealed pistol for any qualified 12 retired bridge and tunnel officer, sergeant or 13 lieutenant of the Triborough Bridge and Tunnel 14 Authority or a qualified retired uniform court 15 officer. This follows a prior amendment to the 16 law that exempted or waived all fees for retired 17 police officers. And basically the 18 justification is that all these positions - 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT FARLEY: Senator 21 Gold, why do you rise? 22 SENATOR GOLD: I think we have 23 heard a good explanation. I just wanted to tell 3488 1 the members that this bill apparently was vetoed 2 by the Governor. Last year, there was a memo in 3 opposition by the city, and they repeated that 4 memo in opposition today; however, I believe 5 last year when it did pass and went to the 6 Governor, it was 57 to 1 with only one member in 7 the negative -- Senator Leichter. 8 If there is nothing else to say, 9 we can just take a vote on it. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 56. Nays 2. 18 Senators Goodman and Leichter recorded in the 19 negative. 20 ACTING PRESIDENT FARLEY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 699, by Senator Volker. 3489 1 SENATOR GOLD: Lay it aside for 2 one day. 3 SENATOR PRESENT: Lay it aside. 4 ACTING PRESIDENT FARLEY: Lay it 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 733, by Senator Cook, Senate Bill Number 4754A, 8 to grant permanent competitive Civil Service 9 status to a certain employee. 10 ACTING PRESIDENT FARLEY: There 11 is a home rule message here at the desk. 12 SENATOR PRESENT: Lay it aside 13 temporarily and come back to it. 14 ACTING PRESIDENT FARLEY: Lay it 15 aside temporarily. 16 SENATOR PADAVAN: Mr. President. 17 ACTING PRESIDENT FARLEY: Senator 18 Padavan. 19 SENATOR PADAVAN: By unanimous 20 consent may I be recorded in the negative on 21 Calendar Number 807, please. 22 ACTING PRESIDENT FARLEY: 807, 23 Senator Padavan will be in the negative. 3490 1 THE SECRETARY: Calendar Number 2 750, by Senator Tully, Senate Bill Number 1015B, 3 an act to amend the Public Health Law, in 4 relation to utilization review agents. 5 SENATOR GOLD: Senator Tully 6 yield to one question? 7 SENATOR TULLY: Yes, Mr. 8 President. 9 SENATOR GOLD: Senator, this one, 10 I believe we passed this unanimously last year? 11 SENATOR TULLY: M-m h-m-m. 12 SENATOR GOLD: Was the opposition 13 that is on the bill this year registered last 14 year? 15 SENATOR TULLY: No, until -- as a 16 matter of fact, that's a good question. Mr. 17 President. Senator Gold. Until May 2nd, the 18 only opposition I was aware of came from Empire 19 Blue Cross and Blue Shield. And we just 20 received a memo from several consumer groups who 21 had not opposed nor had they made any comments 22 on this bill in the last two and a half years. 23 So it's a -- the points are 3491 1 really highly debatable, and the fact that the 2 memo was prepared by persons who hadn't 3 discussed this bill with my office is very 4 clear. It's a very unusual method of opposition 5 in my opinion. 6 SENATOR GOLD: Well, if the 7 Senator will yield to a question. My notes 8 indicate that the National Association of Social 9 Workers supports it; the Health Care Association 10 supports it, the Medical Society; but there are 11 now some groups that have filed in opposition. 12 Has there been any contact with 13 your office with these groups to discuss it? 14 SENATOR TULLY: None whatsoever, 15 Senator. Mr. President, none whatsoever. 16 SENATOR GOLD: Just for the 17 purposes of the record. I mean we've got the 18 Center for the Medical Consumers, Citizens 19 Action, National Center for Patients Rights, 20 NYPIRG, New York Statewide Senior Action 21 Council, Nursing Home Committee Coalition, Blue 22 Cross-Blue Shield, all of which apparently now 23 have filed something in opposition. Is that 3492 1 correct, Senator? 2 SENATOR TULLY: That's correct. 3 Mr. President. I might indicate that - 4 ACTING PRESIDENT FARLEY: Senator 5 Tully. 6 SENATOR TULLY: -- while you've 7 read some of the opposition, in support on the 8 other hand is the Medical Society of the State 9 of New York, the Health Care Association of New 10 York State, the Greater New York Hospital 11 Association, the Nassau-Suffolk Hospital 12 Council, the Value Behaviorial Psych -- Health, 13 rather, formerly American Psych Management, 14 Nassau County Psychological Association, the 15 National Association of Social Workers, the 16 American College of Gynecologists, the Four 17 Winds Hospital, Legal Action Center, and a very, 18 very famous place, Senator Gold, the Tully-Hill 19 Alcoholism and Drug Treatment Center. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect April 1, 1995. 3493 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 58. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 Senator DeFrancisco. 8 SENATOR DeFRANCISCO: I request 9 unanimous consent to be recorded in the negative 10 on 663 and 807, please. 11 ACTING PRESIDENT FARLEY: Without 12 objection. 13 THE SECRETARY: Calendar Number 14 757, by Senator Stafford, Senate Bill Number 15 435, an act to amend the Highway Law, in 16 relation to prohibiting abandonment of Crane 17 Pond Road in the Town of Schroon. 18 ACTING PRESIDENT FARLEY: Senator 19 Oppenheimer. 20 SENATOR OPPENHEIMER: This bill 21 has been before us on many other occasions. It 22 would specifically override the state land 23 master plan for the Adirondacks. It would throw 3494 1 into doubt our commitment to wilderness areas. 2 This area which is the Pharaoh Mountain area is 3 classified as wilderness in our state land 4 master plan, and this classification does not 5 allow for motor vehicles. 6 SENATOR STAFFORD: Would the 7 Senator from -- excuse me. 8 SENATOR OPPENHEIMER: That's all 9 right. 10 This classification does not 11 allow for motorized vehicles in the area. 12 Actually about half of the Adirondack area is 13 considered wild forest which does permit motor 14 vehicles. 15 SENATOR STAFFORD: Mr. 16 President. I apologize. 17 ACTING PRESIDENT FARLEY: Senator 18 Stafford. 19 SENATOR STAFFORD: I apologize, 20 but I would ask the Senator from Westchester, 21 have you ever been in the Crane Pond area? 22 SENATOR OPPENHEIMER: No, I 23 haven't. 3495 1 SENATOR STAFFORD: Well, I have, 2 and it's interesting. You can stand in the 3 middle of it and hear the cars on the Northway. 4 That's how much sense it makes for this to be 5 wilderness area. 6 SENATOR OPPENHEIMER: Thank you, 7 Senator. In dividing up the Adirondacks into 8 wild areas and wilderness areas, the object was 9 to try and provide for wilderness areas that 10 were close into the population centers for 11 precisely the reason that people in more 12 compacted areas where there is more density need 13 to have the ability to go back to nature and to 14 have the calming effects of wilderness. 15 So this is very threatening to 16 the state land master plan and to the parks 17 regulatory scheme and, therefore, I would urge 18 us to vote against this bill. 19 In the past, last year, the 20 following Senators voted against the bill: 21 Dollinger, Espada, Gold, Jones, Leichter, 22 Montgomery, Ohrenstein, Oppenheimer and John 23 Sheffer, who isn't here. 3496 1 SENATOR GOLD: Last section. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 757 are Senators 11 Connor, Dollinger, Espada, Gold, Goodman, 12 Leichter, Markowitz, Ohrenstein, Onorato and 13 Oppenheimer. Ayes 48. Nays 10. 14 ACTING PRESIDENT FARLEY: That 15 bill is passed. 16 Senator Present. 17 SENATOR PRESENT: Can we go back 18 to Senator Cook's bill, Calendar 733. 19 ACTING PRESIDENT FARLEY: 733. 20 Before we go back, Senator 21 Seward. 22 SENATOR SEWARD: Yes, Mr. 23 President. I was out of the chamber at the time 3497 1 that Calendar 663 and Calendar 807 passed, and I 2 ask unanimous consent to be recorded in the 3 negative on those two bills. 4 ACTING PRESIDENT FARLEY: Without 5 objection, you will be in the negative. 6 Senator Cook's bill. 7 THE SECRETARY: Calendar Number 8 733, by Senator Cook, Senate Bill Number 4754A, 9 to grant permanent competitive Civil Service 10 status to a certain employees. 11 SENATOR GALIBER: Explanation. 12 SENATOR GOLD: Mr. President. 13 Senator Cook yield to one question? 14 SENATOR COOK: Yes. 15 SENATOR GOLD: Senator, you have 16 been with us as we have gone through the rigors 17 on these issues, and, finally, we wind up with a 18 bill, under the leadership of Senator Trunzo, 19 which we believed set up a procedure, and 20 Senators Leichter and Galiber and myself and 21 some others were wondering why this person would 22 not be eligible to take advantage of the 23 procedures that we set up by statute. 3498 1 SENATOR COOK: Senator Gold. 2 Mr. President. 3 ACTING PRESIDENT FARLEY: Senator 4 Cook. 5 SENATOR COOK: Senator Gold. 6 This isn't a retirement bill. This is a 7 situation where -- and, coincidently, not that 8 it will mean anything, but it was requested by 9 the prior Republican administration and also by 10 the present Democrat administration of the 11 village. 12 SENATOR GOLD: Senator, you may 13 be giving me the answer. In other words, 14 Senator, you're telling me that the 15 administrative procedure that we set up would 16 not be available with this kind of a request. 17 SENATOR COOK: This is not a 18 retirement. 19 SENATOR GOLD: I know it isn't. 20 SENATOR COOK: So that procedure 21 is not available. 22 SENATOR GALIBER: I just want an 23 explanation. 3499 1 SENATOR COOK: The explanation is 2 that this particular individual was appointed in 3 1985 as the building inspector, has been serving 4 since that time apparently to the satisfaction 5 -- and that's why I said that both parties had 6 requested this -- has apparently been serving to 7 the satisfaction of everybody since that period 8 of time. 9 At some point, the county Civil 10 Service Department came to the village and said 11 they had to fire this guy and take somebody off 12 their existing list. The village is not adverse 13 to hiring their next building inspector off the 14 list if, indeed, the rule has now changed, but 15 they really don't think they ought to have to 16 fire the guy that's been working satisfactory 17 for them all these years and to hire somebody 18 else. 19 SENATOR GALIBER: Senator yield 20 to a question? It's a question with a kind of 21 analogy. In the City of New York, we have what 22 they call a provisional list. Sometimes those 23 provisional persons are on the list for ten 3500 1 years, fifteen years. I think the court 2 officers some years ago went through this. 3 There comes a time when we post an exam, and 4 those persons who pass the exam are now in line 5 for those jobs; therefore, the provisionals have 6 to be laid off. 7 Is this a comparable situation 8 where a person has not passed an examination? A 9 test has been given. There now is a list. And 10 because that particular person with the 11 endorsement of both parties or with the okay or 12 approval or not objecting who are saying, "We 13 are going to bypass the Civil Service rules and 14 regulations as applies to provisionals and make 15 this person, by operation of law, permanent, 16 which bypasses the rules." 17 SENATOR COOK: Senator, it is - 18 SENATOR GALIBER: Same thing? 19 SENATOR COOK: Senator, it is not 20 quite the same thing, because the person was 21 never a provisional. The person was, in effect, 22 an exempt. He was not in a position that at the 23 time that he was appointed in 1985 required him 3501 1 to have Civil Service status. He was an 2 appointee of - 3 SENATOR GALIBER: Would you yield 4 to another question. 5 SENATOR COOK: Yes. 6 SENATOR GALIBER: If you tell us 7 it is so -- if you say so, it is so -- that the 8 Republicans and the Democrats both agree, why 9 can't he maintain his exempt status? 10 SENATOR COOK: Well, because the 11 County Civil Service Department has now told the 12 village that they will no longer honor him on 13 the payroll without some kind of legislation to, 14 in effect, grandfather him in. 15 SENATOR GALIBER: That's almost 16 the provisional category that I mentioned 17 before. 18 SENATOR COOK: Well, except that 19 he was never appointed as a provisional. 20 SENATOR GALIBER: That's a 21 procedural matter. 22 SENATOR COOK: Well, no, it 23 isn't, Senator. The difference is that when 3502 1 you're - 2 SENATOR GALIBER: If I may. 3 ACTING PRESIDENT FARLEY: Senator 4 Galiber. 5 SENATOR GALIBER: I'm sorry. No, 6 I was -- we're moving this back and forth. 7 ACTING PRESIDENT FARLEY: I know. 8 SENATOR COOK: The difference, 9 Senator, is that when you are appointed a 10 provisional, you are appointed to a civil 11 service position on a provisional basis until 12 such time as a list is developed. 13 When this person was appointed, 14 it was an exempt position. So there was no 15 list. And, in fact, he never had any 16 expectation of being on the list; and when, 17 apparently, an examination was given by the 18 county at some point to develop a list, he 19 didn't even realize that he had to be on it 20 because he had been serving all these years; and 21 assumed, naturally, that since he was already 22 there, he wasn't going to have to be on the 23 Civil Service list. 3503 1 SENATOR GALIBER: Okay. 2 SENATOR COOK: But it is the 3 point that he was at the time an exempt position 4 but not a provisional position. 5 SENATOR GALIBER: But he - 6 ACTING PRESIDENT FARLEY: Senator 7 Galiber. 8 SENATOR GALIBER: Yes. One 9 further question. But, in effect, what he is 10 doing is that there now has been posted an exam. 11 SENATOR COOK: Now has been 12 posted a list. A list. 13 SENATOR GALIBER: Okay. And the 14 list is there as a result of an exam, I would 15 imagine. 16 SENATOR COOK: Yes. 17 SENATOR GALIBER: So, therefore, 18 those persons who are now eligible to fulfill 19 that exempt job, and what we're attempting to do 20 here is to say for past service, or whatever the 21 case may be, that you want by operation of law 22 to make him permanent without -- put him on the 23 list without examination. 3504 1 SENATOR COOK: Mr. President. To 2 be absolutely frank about it, yes, my suspicion 3 is that the list is a countywide list. There 4 may well not be anybody even from that village. 5 They may be able to do it by simply saying it 6 has to be somebody from the village; however, I 7 don't think that still passes that -- deals with 8 the Civil Service Commission's requirement that 9 it be somebody off the Civil Service list list. 10 What we're basically saying is 11 they've changed the rules in the middle of the 12 game on the guy. He served for almost ten years 13 in a position that was supposed to be exempt, 14 where he never expected he was going to have to 15 take an examination. All of a sudden, they've 16 come out with a list and they're being told 17 you've got to fire this guy because he didn't 18 appear on the list. 19 SENATOR GALIBER: Ulster County? 20 SENATOR COOK: Sullivan County. 21 ACTING PRESIDENT FARLEY: Senator 22 Connor. 23 SENATOR CONNOR: Yes. Mr. 3505 1 President. If the Senator would yield. 2 SENATOR COOK: Yes. 3 SENATOR CONNOR: Is it the case 4 that the job was reclassified? 5 SENATOR COOK: Yes, that's 6 exactly the situation. 7 SENATOR CONNOR: Aren't there 8 general law provisions in Civil Service Law 9 about what happens when a position which is 10 filled by an individual is reclassified from the 11 exempt to the competitive class? 12 SENATOR COOK: Senator, we 13 believe that. The village believed that. 14 Unfortunately, the county Civil Service 15 Commission doesn't believe that, and it's a 16 matter of controversy between the village and 17 the county at this point. 18 SENATOR CONNOR: If the Senator 19 will yield for a further question? 20 ACTING PRESIDENT FARLEY: I'm 21 sure he will. 22 SENATOR CONNOR: The point of my 23 question is, has this gone to court? Is there a 3506 1 need for legislation now? My belief is when 2 someone is serving in an exempt job and they 3 come along and reclassify not him but the job, 4 that you don't oust him; that that's for the 5 future. 6 SENATOR COOK: And that's exactly 7 what they're trying to do. I think, Senator, 8 the situation is that the county has basically 9 said, "If you get a bill, we will accept that"; 10 otherwise, they are going to have to go into 11 court. It is, indeed, exactly what you have 12 described. They have had an exempt position; 13 they've reclassified. 14 SENATOR CONNOR: Mr. President. 15 Will the Senator yield for one further question? 16 SENATOR COOK: Yes. 17 SENATOR CONNOR: My point is that 18 if it's not clear that the general Civil Service 19 Law covers this situation, there's a dispute 20 between the county and the village, Senator, why 21 not amend the Civil Service Law and make it 22 clear that it's always been the intent of this 23 Legislature, not with regard to this one 3507 1 position or the one individual, that when a job 2 is classified in the Civil Service as exempt and 3 subsequently the Civil Service Commission comes 4 in and says, "We're going to make that part of 5 the competitive class," that you don't oust the 6 people who were legally appointed under the 7 Civil Service Law to the position when it was 8 exempt, a general provision that helps not just 9 this one individual but somebody somewhere else 10 in the state who falls in this same category? 11 SENATOR COOK: Mr. President. 12 ACTING PRESIDENT FARLEY: Senator 13 Cook. 14 SENATOR COOK: Senator Connor, 15 real answer? It'll probably take ten years to 16 get a general law. As you well know, we may be 17 able to deal with this situation short term. I 18 think that probably you're correct. We ought to 19 try to amend the Civil Service Law in general to 20 deal with that; but we've got a situation, we 21 want to deal with it, and that's in all 22 practical terms why we're doing it. 23 ACTING PRESIDENT FARLEY: There 3508 1 is a home rule message here at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FARLEY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 58. 9 ACTING PRESIDENT FARLEY: The 10 bill is passed. 11 SENATOR STACHOWSKI: Mr. 12 President. Can I have unanimous consent to be 13 recorded in the negative on Calendar Number 757 14 and 808? 15 ACTING PRESIDENT FARLEY: 757 and 16 808. 17 Senator Levy. 18 SENATOR LEVY: Request unanimous 19 consent to be recorded in the negative on 757. 20 ACTING PRESIDENT FARLEY: 757, 21 Senator Levy will be in the negative. 22 Senator Montgomery. 23 SENATOR MONTGOMERY: Yes. Mr. 3509 1 President. I would like unanimous consent to be 2 recorded in the negative on Calendar 757, also. 3 ACTING PRESIDENT FARLEY: 757, 4 Senator Montgomery is in the negative. 5 Senator Spano. 6 SENATOR SPANO: Mr. President. 7 Is Calendar 807 still in the house? 8 ACTING PRESIDENT FARLEY: Yes, it 9 is. 10 SENATOR SPANO: I'd like to move 11 that we reconsider the vote by which the bill 12 was passed. 13 ACTING PRESIDENT FARLEY: The 14 Secretary will call the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration.) 17 THE SECRETARY: Ayes 58. 18 ACTING PRESIDENT FARLEY: The 19 bill is before the house. 20 SENATOR SPANO: Please place a 21 sponsor star on the bill. 22 ACTING PRESIDENT FARLEY: Would 23 you star the bill for Senator Spano. 3510 1 SENATOR ONORATO: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Onorato. 4 SENATOR ONORATO: May I have 5 unanimous consent to be recorded in the negative 6 on Calendar Number 808? 7 ACTING PRESIDENT FARLEY: 808, 8 Senator Onorato is in the negative. 9 Senator Connor. 10 SENATOR CONNOR: Thank you, Mr. 11 President. May I have unanimous consent to be 12 recorded in the negative on Calendar Number 808, 13 please? 14 ACTING PRESIDENT FARLEY: 808, 15 Senator Connor is in the negative. 16 SENATOR GOLD: Is 808 still in 17 the house? 18 ACTING PRESIDENT FARLEY: Yes, it 19 is. 20 SENATOR GOLD: I move to 21 reconsider the vote. 22 ACTING PRESIDENT FARLEY: That 23 was 807 that was reconsidered. This is 808. 3511 1 SENATOR GOLD: Yes. 2 ACTING PRESIDENT FARLEY: It's 3 still in the house. 4 SENATOR GOLD: What? 5 ACTING PRESIDENT FARLEY: No, 6 it's not. It's out of the house. 808 is out of 7 here. 8 SENATOR GOLD: Mr. President. 9 ACTING PRESIDENT FARLEY: Senator 10 Gold. 11 SENATOR GOLD: I think Senator 12 Spano has asked unanimous consent to explain his 13 vote on 808. Would anybody mind if he does 14 that? 15 ACTING PRESIDENT FARLEY: Senator 16 Spano, do you want to -- the bill is out of the 17 house. 18 SENATOR STAVISKY: Mr. President. 19 ACTING PRESIDENT FARLEY: Senator 20 Spano. 21 SENATOR SPANO: Mr. President. 22 I'm not sure how to handle it procedurally, but 23 I know there was a question relative to 808. 3512 1 And just with unanimous consent, I can make just 2 a quick statement on the bill, that the language 3 in this bill mirrors language that was contained 4 in a collective bargaining agreement with the 5 United Food and Commercial Workers. They've 6 signed off on the bill. There are no memos 7 against the bill. The food merchants and the 8 employees have both signed off on that passage. 9 Thank you, Mr. President. 10 ACTING PRESIDENT FARLEY: Senator 11 Stavisky. 12 SENATOR STAVISKY: Mr. 13 President. Without objection, unanimous consent 14 to be recorded in the negative on 757. 15 ACTING PRESIDENT FARLEY: 757, 16 Senator Stavisky is in the negative. 17 Senator Stachowski. 18 SENATOR STACHOWSKI: Could 19 Senator Spano yield for a question? 20 ACTING PRESIDENT FARLEY: Without 21 objection, I guess so. 22 SENATOR STACHOWSKI: I know you 23 made a brief statement. For the edification of 3513 1 people on our side, if you recall when this bill 2 passed in committee that we had some concern 3 about -- and, I don't know, I think we did it 4 without recommendation in committee, just 5 because there was a concern. And I can't 6 remember which union had the concern, because my 7 counsel from the Labor Committee's father passed 8 away, and she's not available. There was a 9 problem because the full-time employees -- there 10 was a problem because full-time employees felt 11 they were being discriminated against in this 12 legislation because now part-timers didn't have 13 to be -- they could be at work at any point and 14 still get a lunch period. It was something of 15 that nature, and I can't remember the entire 16 piece that I had on that. And, unfortunately, 17 she's not around and that's why we have that 18 problem, and you're catching the negative votes. 19 SENATOR SPANO: Mr. President. 20 On the day we passed the bill and up until 21 today, we've received no memos of opposition. 22 No one has expressed any concern to us. 23 We have memos in support from the 3514 1 Food Merchants, the Retail Council, and we 2 reached out to United Food and Commercial 3 Workers Union and they support this bill because 4 it does comply with the language that they 5 bargained with as part of the collective 6 bargaining. 7 SENATOR STACHOWSKI: Mr. 8 President. Can I ask another question? 9 ACTING PRESIDENT FARLEY: There's 10 no objection. Go ahead. 11 Are you objecting, Senator 12 Galiber? 13 SENATOR GALIBER: I want to know 14 if the bill is in the house or not? 15 ACTING PRESIDENT FARLEY: It's 16 not even in the house. 17 SENATOR GALIBER: No objection. 18 ACTING PRESIDENT FARLEY: It's 19 gone over to the Assembly. 20 SENATOR STACHOWSKI: If people 21 want to vote no, they vote no. I was going to 22 ask you to get it back if you could, but just 23 let it go. And if people want to vote no -- I'm 3515 1 going to stay on the no because I can't recall 2 if it's that particular union that had the 3 problem or not. But, unfortunately, we got 4 caught in a situation where our counsel, through 5 no fault of her own, is not here available, so. 6 ACTING PRESIDENT FARLEY: Senator 7 Stachowski, you are "No" on 80 - 8 SENATOR STACHOWSKI: Yes, I 9 already did that. 10 ACTING PRESIDENT FARLEY: All 11 right. Regular order, I guess. 12 Hold on. Senator Holland. 13 SENATOR HOLLAND: With unanimous 14 consent, I would like to be recorded in the 15 negative on Calendar 663. 16 ACTING PRESIDENT FARLEY: 663, 17 Senator Holland is in the negative. 18 Senator Jones. I'm sorry. 19 SENATOR JONES: Yes, I would like 20 to be recorded in the negative on Calendar 757, 21 please. 22 ACTING PRESIDENT FARLEY: 757, 23 Senator Jones is in the negative. 3516 1 THE SECRETARY: Calendar Number 2 833, by Senator Maltese, Senate Bill Number 3 1648, an act to amend the Correction Law. 4 ACTING PRESIDENT FARLEY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FARLEY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Those recorded in 12 the negative -- those recorded in the negative 13 on Calendar Number 833 are Senators Connor, 14 Espada, Galiber, Leichter, Mendez, Montgomery, 15 Smith and Waldon. Ayes 50. Nays 8. 16 ACTING PRESIDENT FARLEY: Bill is 17 passed. 18 Senator Larkin. 19 SENATOR LARKIN: Mr. President. 20 I ask unanimous consent to be recorded in the 21 negative on Calendar 663. 22 ACTING PRESIDENT FARLEY: Without 23 objection, Senator Larkin will be in the 3517 1 negative on Calendar Number 663. 2 THE SECRETARY: Calendar Number 3 834, by Member of the Assembly Ramirez, Assembly 4 Bill Number 7960, an act on repeal Section 114A 5 of the Correction Law, relating to keeping of a 6 daily record. 7 SENATOR WALDON: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Waldon. 10 SENATOR WALDON: Would Senator 11 Maltese be kind enough to yield to a question? 12 SENATOR MALTESE: Yes. 13 SENATOR WALDON: Senator, I 14 believe this is the bill we dealt with last 15 year. Is that correct? 16 SENATOR MALTESE: Yes, it is, 17 Senator Waldon. 18 SENATOR WALDON: I'm sorry. 19 SENATOR MALTESE: Yes, it is. 20 SENATOR WALDON: Mr. President, 21 if I may continue. Has anything change in this 22 bill from that time? 23 SENATOR MALTESE: Mr. President. 3518 1 Nothing has change in the bill since Senator 2 Waldon and I debated the bill and since Senator 3 Waldon went from opposition to the bill to 4 support of the bill. It is exactly the same 5 bill. 6 SENATOR WALDON: Then, it is my 7 understanding, as a result of our last debate, 8 that the records are kept rather vigorously and 9 rigorously other than the log book through the 10 computer situation that we discussed at that 11 time and other means. Is that correct? 12 SENATOR MALTESE: Mr. President. 13 In reply to Senator Waldon's question, not only 14 kept rigorously -- and I have documentation as 15 to how they are kept -- but since our debate 16 when I indicated that the superintendent's log 17 was not presently being kept, I was advised by 18 the Commissioner of Correction that, in fact, a 19 superintendent's log is kept in addition 20 thereto. 21 SENATOR WALDON: Thank you very 22 much, Mr. President. Thank you, Senator 23 Maltese. 3519 1 ACTING PRESIDENT FARLEY: You can 2 read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FARLEY: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT FARLEY: Senator 9 Hoffmann to explain her vote. 10 SENATOR HOFFMANN: I had 11 requested to speak prior to calling the roll and 12 wasn't observed, but I will just briefly - 13 ACTING PRESIDENT FARLEY: I 14 apologize. 15 SENATOR HOFFMANN: No problem, 16 Mr. President. I would just briefly like to 17 explain that I see an analogy here to another 18 issue that has come before many of us, and 19 that's the issue of court stenographers. Many 20 of us have received communication from 21 stenographers, from attorneys, from defendants, 22 from judges, requesting that we not eliminate 23 the practice of court stenographers even though 3520 1 there are now audio recording devices which are 2 considered to be more state of the art and more 3 expedient. The reason given for that request 4 are the fact that the use of the stenography 5 material is more accessible and is a time-tested 6 way of obtaining information necessary to 7 reconstruct a trial. 8 In this situation, the same can 9 be said for a daily log book. Although it is 10 probably technically true that the records may 11 be available some place else via computer or 12 some other record keeping system, the 13 accessibility, the ease, and the convenience of 14 having a daily log book become vital in 15 reconstructing an incident that takes place 16 within prison walls. 17 I think that's necessary not only 18 for the rights of the inmates but also for the 19 correction officers own liability issue and, 20 ultimately, for the taxpayers of the State of 21 New York who might be facing the defense of 22 correction officers or a Department of 23 Correction lawsuit in the event that there is an 3521 1 action brought against the Department of 2 Corrections by an injured party. 3 So I'm going to continue opposing 4 this and urge that my colleagues not rush so 5 quickly into eliminating a time-tested procedure 6 that is not an onerous burden. Keeping a daily 7 log may in fact be slightly duplicative, but it 8 is in the best interest of protection of the 9 taxpayers as well as the inmates and the 10 correction officers of this state to maintain 11 it. 12 Thank you, Mr. President. 13 ACTING PRESIDENT FARLEY: Are you 14 voting in the negative? 15 SENATOR HOFFMANN: I vote no. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 834 are Senators 18 Connor, Espada, Galiber, Gold, Hoffmann, 19 Leichter, Mendez, Montgomery, Ohrenstein and 20 Stavisky. Ayes 48. Nays 10. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 Senator Present. 3522 1 SENATOR PRESENT: Do you have any 2 housekeeping? Mr. Cornell? 3 ACTING PRESIDENT FARLEY: Are 4 there any motions on the floor? Seeing none. 5 SENATOR PRESENT: On behalf of 6 Senator Levy, I'd like to announce an immediate 7 conference of the Majority in Room 332. 8 ACTING PRESIDENT FARLEY: There 9 will be an immediate conference of the Majority 10 in Room 332. 11 SENATOR PRESENT: Mr. President. 12 ACTING PRESIDENT FARLEY: Senator 13 Present. 14 SENATOR PRESENT: There being no 15 further business, I move that we adjourn until 16 Monday, May 16, at 1:00 p.m. intervening days to 17 be legislative days. The members should be 18 advised that they are subject to the call of the 19 Majority Leader for session upon 24 hours 20 notice. 21 ACTING PRESIDENT FARLEY: The 22 Senate will stand adjourned until Monday at the 23 regular hour. Immediate conference of the 3523 1 majority in Room 332. Intervening days will be 2 legislative days. The members are subject to 3 the call of the majority leader. 4 Senate stands adjourned. 5 (Whereupon, at 1:54 p.m., Senate 6 adjourned.) 7 8 9 10 11 12 13 14 15 16