Tuesday, January 31, 1995

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 31, 1995 11 3:02 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Members will please take 4 their places. 5 Ask all of the members in the 6 chamber together with our guests to stand with 7 me and recite the Pledge of Allegiance to the 8 Flag. 9 (The assemblage repeated the 10 Pledge of Allegiance to the Flag.) 11 In the absence of clergy, I'd ask 12 all of us to bow our heads in a moment of 13 silence. 14 (A moment of silence was 15 observed. ) 16 Reading of the Journal. 17 THE SECRETARY: In Senate, 18 Monday, January 30th. The Senate met pursuant 19 to adjournment. Prayer by Reverend Dr. Evelyn 20 Rose John, New Life Center of Truth of Brooklyn, 21 New York. The Journal of Friday, January 27th, 22 was read and approved. On motion, Senate 23 adjourned. 1 ACTING PRESIDENT KUHL: Hearing 2 no objection, the Journal stands approved as 3 read. 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 Clerk will read. 9 THE SECRETARY: Senator Wright, 10 from the Committee on Alcoholism and Drug Abuse 11 reports the following bills directly for third 12 reading: 13 Senate Bill Number 356, by 14 Senator Levy, an act to amend the Vehicle and 15 Traffic Law. 16 Senate Bill Number 357, by 17 Senator Levy, an act to amend the Vehicle and 18 Traffic Law. 19 Senate Bill Number 379, by 20 Senator Levy, an act to amend the Vehicle and 21 Traffic Law, in relation to the suspension and 22 restoration of a driver's license. 23 Senate Bill Number 744, by 1 Senator Skelos and others, Vehicle and Traffic 2 Law, in relation to out-of-state convictions. 3 Senator Padavan, from the 4 Committee on Cities, reports the following bill 5 directly for third reading: 6 Senate Bill Number 221, by 7 Senator Cook, an act to amend the General 8 Municipal Law, in relation to establishing 9 uniform procedures for the incorporation of a 10 city. 11 Senator Lack, from the Committee 12 on Judiciary reports the following bills 13 directly for third reading: Senate Bill Number 14 617, by Senator Stafford, and others, Real 15 Property Law, in relation to authorizing the 16 voluntary administration to execute a discharge 17 of mortgage. 18 633, by Senator Stafford, 19 proposing an amendment to the Constitution, 20 Section 1 of Article XIV of the Constitution. 21 634, by Senator Stafford, 22 proposing an amendment to the Constitution, 23 Section 1 of Article XIV of the Constitution, in 1 relation to the exchange of certain forest 2 preserve land. 3 635, by Senator Stafford, 4 proposing an amendment to the Constitution, 5 Section 1 of Article XIV of the Constitution, in 6 relation to the use of certain forest preserve 7 lands. 8 All bills reported directly for 9 third reading. 10 ACTING PRESIDENT KUHL: All bills 11 are reported directly to third reading. 12 Reports of select committees. 13 Communications and reports from 14 state officers. 15 Motions and resolutions. 16 Senator Bruno. 17 SENATOR BRUNO: Mr. President, I 18 would like to now adopt the Resolution Calendar 19 with the exception of Resolution Number 250. 20 ACTING PRESIDENT KUHL: The 21 motion is to adopt the Resolution Calendar with 22 the exception of Resolution Number 250 - 23 SENATOR GOLD: Excuse me, Mr. 1 President. 2 ACTING PRESIDENT KUHL: Yes, 3 Senator Gold. 4 SENATOR GOLD: Can you hold 248 5 also? 248. 6 ACTING PRESIDENT KUHL: Any 7 objection, Senator Bruno, withhold 248? 8 SENATOR BRUNO: Is there -- is it 9 yours? 10 SENATOR GOLD: Not mine. 11 SENATOR BRUNO: Senator Maltese? 12 Senator Maltese, the request is to hold 13 Resolution 248, which I believe was one of 14 yours. At the moment - 15 SENATOR MALTESE: (Inaudible) 16 SENATOR GOLD: Be my pleasure, 17 Senator, Alberto's, 2:00 o'clock tonight. 18 SENATOR BRUNO: Can we have 19 that - 20 SENATOR GOLD: Lay it aside for a 21 moment, and I'll talk to Senator Maltese. No 22 problem. 23 SENATOR BRUNO: Lay it aside, 1 248, for the moment. 2 SENATOR GOLD: On the other hand, 3 let's forget it. Let's go with it. 4 SENATOR BRUNO: Mr. President, 5 let's forget it. 6 ACTING PRESIDENT KUHL: The 7 motion before the house is to adopt the 8 Resolution Calendar with the exception of 9 Resolution Number 250. All those in favor 10 signify by saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 The Resolution Calendar, with the 14 exception of Number 250, is adopted. 15 SENATOR COOK: Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Cook. 18 SENATOR COOK: Mr. President, 19 would the Secretary please read Resolution 20 Number 250 in its entirety. 21 ACTING PRESIDENT KUHL: Secretary 22 will read Resolution Number 250 in its entirety. 23 THE SECRETARY: Resolution Number 1 250, by Senator Cook, honoring Boy Scout Troop 2 41 of Catskill, Greene County, for excellence in 3 training and Scout Jesse Hildenbrand, for heroic 4 actions. 5 WHEREAS, this legislative body 6 does believe that recognition of heroic actions 7 is important; 8 On the evening of January 8, 9 1995, at about 6:45 in the evening, three young 10 people, Jesse Hildenbrand, Gerard Bianco, and 11 Richard Carvella, were testing the strength of 12 ice on a pond in Athens, Greene County; 13 The boys felt that the ice was 14 safe to a limited area; 15 Gerard Bianco went forth in an 16 effort to further test the ice that was covering 17 the pond; 18 The ice broke under Gerard Bianco 19 and he fell into the water which, in that area, 20 was between 12 and 15 feet deep; 21 Gerard Bianco, a non-swimmer, was 22 thereby plunged into the frigid water and placed 23 in a life-threatening situation; 1 This situation could have ended 2 in tragedy had it not been for the ability of 3 Jesse Hildenbrand and the training he received 4 as a member of Boy Scout Troop 41 of Catskill; 5 Jesse Hildenbrand asked Richard 6 Carvella to go and get assistance; 7 Jesse Hildenbrand is a 14-year 8 old First Class Boy Scout of Troop 41 of 9 Catskill, which is sponsored by the Catskill 10 Kiwanis Club; 11 Jesse Hildenbrand has been 12 trained as a Boy Scout for this type of ice 13 rescue, including a discussion on this subject 14 just days before the rescue; 15 Jesse Hildenbrand worked with his 16 good friend, Gerard Bianco, and advised him on 17 how to stay afloat and at that time Jesse laid 18 himself on his stomach to spread his weight over 19 the ice and, while Gerard Bianco courageously 20 held onto the ice to support himself, Jesse 21 Hildenbrand crawled across the ice, placed his 22 own life in danger and pulled Gerard Bianco out 23 of the water; 1 The Boy Scouts of America is a 2 worthy program that teaches young men the traits 3 that are desirous in all citizens; 4 NOW, THEREFORE, BE IT RESOLVED 5 that this legislative body pause in its 6 deliberations to honor Boy Scout Troop 41 of 7 Catskill, Greene County, for its excellence in 8 training, including Scoutmaster Laurence 9 Hildenbrand, Committee Chairman Mark Jubie, 10 Scout Troop Treasurer Ann Sutherland, Scouts 11 John Arrens, Jeffrey Beare, Jesse Hildenbrand, 12 Jason Jubie, Patrick McCulloch, Philip Ottenger, 13 Brendan Smith, Richard Smith and Wayne Ward; and 14 BE IT FURTHER RESOLVED that this 15 legislative body pause -- pauses further to 16 honor the heroic actions of First Class Scout 17 Jesse Hildenbrand; and 18 BE IT FURTHER RESOLVED that 19 copies of this resolution, suitably engrossed, 20 be transmitted to Jesse Hildenbrand, Richard 21 Carvella, Gerard Bianco, the Catskill Kiwanis 22 Club and Scoutmaster Laurence Hildenbrand of Boy 23 Scout Troop 41 of Catskill, New York. 1 ACTING PRESIDENT KUHL: The chair 2 recognizes Senator Cook on the resolution. 3 SENATOR COOK: Mr. President, I 4 think the resolution speaks for itself, but we 5 are honored today to have Jesse with us, along 6 with some members of his family and also members 7 of Scout Troop 41 are sitting in the gallery, 8 and I would appreciate it if you would recognize 9 them and greet them to the chamber. 10 ACTING PRESIDENT KUHL: The 11 question is on the resolution. All those in 12 favor signify by saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response. ) 16 The resolution is adopted. 17 Jesse, thank you for coming and joining us and 18 sharing a day with us. (Applause) Keep up the 19 good work, son. 20 SENATOR GOLD: Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Gold. 23 SENATOR GOLD: Mr. President, I'd 1 just like to draw the attention of the chamber 2 to my Resolution 261, which we have already 3 passed, but perhaps members would like to co 4 sponsor. It's the resolution which commemorates 5 the 50th anniversary of the liberation of 6 Auschwitz. Last year this chamber led the 7 Assembly and convinced the Governor to sign into 8 law a Holocaust education in the state of New 9 York, and everyone in the world has been making 10 a point to remember this horror with the 11 commemoration of this 50th anniversary. 12 So if anyone would like to be on 13 the resolution, it's 261, and it is at the 14 desk. 15 ACTING PRESIDENT KUHL: Senator 16 Bruno, would it be permissible to put all 17 members on the resolution with the exception of 18 those who would identify themselves to the 19 Secretary as not wanting to go on the 20 resolution? 21 SENATOR BRUNO: So move, Mr. 22 President. 23 ACTING PRESIDENT KUHL: All 1 members will be placed on the resolution except 2 for those who wish to not go on the resolution 3 who identify themselves to the Secretary. 4 Senator Bruno, that brings us to 5 the calendar. What's your pleasure, sir? 6 SENATOR BRUNO: Mr. President, I 7 would like to now move the non-controversial 8 calendar. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the non-controversial calendar. 11 THE SECRETARY: Calendar Number 12 20, by Senator Present, Senate Bill Number 469, 13 an act to amend the Public Authorities Law, in 14 relation to creating the Alfred/Almond/Hor 15 nellsville Sewer Authority. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 44. 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 21, by Senator Daly, Senate Bill Number 591-A, 5 an act to amend the Not-for-Profit Corporation 6 Law. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 12. This 10 act shall take effect January 1st, 1996. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 44. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 24, by Senator Volker, Senate Bill Number 95, an 19 act to amend the Vehicle and Traffic Law, 20 authorizing villages and towns to regulate 21 traffic and parking areas. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 1 THE SECRETARY: Section 4. This 2 act shall take effect on the 30th day after it 3 shall have become a law. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 53. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 26, by Senator Stafford, Senate Bill Number 622, 12 to repeal certain provisions of the Highway Law, 13 state highway system in Washington County. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 53. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 1 THE SECRETARY: Calendar Number 2 27, by Senator Stafford, Senate Bill Number 623, 3 an act to amend the Highway Law, in relation to 4 abandonment of certain town highways. 5 SENATOR GOLD: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 Senator Paterson, why do you 9 rise? 10 SENATOR PATERSON: Well, Mr. 11 President, as we lay that bill aside, the next 12 -- we will now go to the non-controversial - 13 we'll go to the controversial calendar and that 14 will be the first bill; so I was just going to 15 let the chamber know that last year Senator 16 Dollinger, Espada, Gold, Galiber, Kruger, Jones, 17 Montgomery, Oppenheimer, Santiago, Smith and 18 Stachowski and Nanula voted against it, and 19 other than that, we discussed the bill 20 yesterday. 21 ACTING PRESIDENT KUHL: Senator 22 Bruno, is it your desire to move to the 23 controversial calendar? 1 SENATOR BRUNO: Mr. President, 2 can we now take up the controversial calendar, I 3 think Calendar Number 27. 4 ACTING PRESIDENT KUHL: Secretary 5 will read Calendar Number 27. 6 THE SECRETARY: Calendar Number 7 27, by Senator Stafford, Senate Bill Number 623, 8 an act to amend the Highway Law, in relation to 9 abandonment of certain town highways. 10 ACTING PRESIDENT KUHL: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 ACTING PRESIDENT KUHL: Announce 18 the results when tabulated. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 27 are Senators 21 Abate, Connor, Dollinger, Espada, Gold, 22 Gonzalez, Jones, Kruger, Leichter, Onorato, 23 Oppenheimer, Smith, Stachowski and Stavisky. 1 Ayes 39, nays 14. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator Bruno, that completes the 5 calendar. 6 SENATOR BRUNO: Mr. President, 7 can we return to the reports of standing 8 committees. I believe there is a report at the 9 desk from the Finance Committee. 10 ACTING PRESIDENT KUHL: There is 11 a report at the desk, Senator Bruno. Secretary 12 will read the report of the Finance Committee. 13 THE SECRETARY: Senator Stafford, 14 from the Committee on Finance, reports the 15 nomination of John B. Daly of Lewiston as 16 Commissioner of Transportation. 17 SENATOR BRUNO: Mr. President, 18 I'd like to move the nomination of Senator Daly 19 as Commissioner of Transportation. 20 And, Mr. President - 21 ACTING PRESIDENT KUHL: Senator 22 Bruno. 23 SENATOR BRUNO: May I speak on 1 the nomination at this time? 2 ACTING PRESIDENT KUHL: The 3 nomination is before the house, Senator Bruno. 4 The Chair recognizes Senator Bruno on the 5 nomination. 6 SENATOR BRUNO: Thank you. 7 I stand here with very mixed 8 emotions, Mr. President, because one of our very 9 distinguished and esteemed colleagues is 10 changing part of his political life right here 11 with us this afternoon, and it is a little 12 bitter in that we have served for so many years 13 together, many of us in the chamber, and 14 recognizing Senator Daly in terms of his ability 15 and willingness to take on some of the toughest 16 issues that we have deliberated over in this 17 chamber on behalf of the people of this state, 18 and Senator Daly has always distinguished 19 himself as he has deliberated fairly in this 20 chamber on behalf of the people of his district 21 and this state. 22 And yet there is a bigger job out 23 there with a larger constituency for the Senator 1 and he will be up to that, and I am sure that he 2 will bring the same enthusiasm, intelligence, to 3 the discharge of those responsibilities and one 4 of the largest budgets, something that affects 5 all the people of this state in so many 6 important ways. 7 So we are totally aware that he 8 will bring with him all of the capability that 9 he has demonstrated here in his new job and, as 10 we can all see, Mr. President, he was earning 11 his pay right up until 20 minutes ago when he 12 just did his last bill in this chamber. 13 So he accounts for himself right 14 up until the ninth hour here. 15 My congratulations to the good 16 Senator and wish him Godspeed in his work and 17 God bless all the good things that he is going 18 to do on behalf of the people of this state. 19 ACTING PRESIDENT KUHL: The Chair 20 recognizes Senator Levy. 21 SENATOR LEVY: Thank you very 22 much, Mr. President. 23 Like my colleagues, I sat here 1 last week when we spoke about the retirement of 2 Freddie Ohrenstein, and I listened to -- I 3 listened to John Daly when he got up to speak 4 about his friendship with Freddie Ohrenstein and 5 he used the words in talking about Fred Ohren 6 stein, on the occasion, that it was a "bitter 7 sweet occasion". 8 It was then, and it is now for 9 all of us. John's decision is bittersweet for 10 his friends and for his colleagues because we 11 hate to lose him as a colleague and, when we're 12 in session, to have the daily opportunity to be 13 with him. But we are happy and we are pleased 14 that he has been selected by the Governor for 15 this vital responsibility and position for and 16 with the state of New York. 17 As John Daly's friend and his 18 colleague over the past 22 years, six in the 19 Assembly and the last 16 here in the Senate - 20 and I really think that we really look at, we 21 watch and we observe one another, and as I have 22 watched and observed John Daly, I have always 23 been struck by his extraordinary ability, his 1 ethic. He is hard working and dedicated. He is 2 committed, and I think, as Olga Mendez said at 3 our committee meeting this morning, John Daly is 4 always fair and a person of his word. 5 His hallmark, his tradition and 6 his legacy as a Senator, we will always remember 7 John Daly for his mastery of subject matter and 8 there are so many areas, but three immediately 9 spring to mind: Hazardous materials, driven by 10 the tragedy of Love Canal; elementary and 11 secondary school education and their financing, 12 and social services reform. 13 John Daly worked so hard in those 14 areas and other areas to become knowledgeable 15 that he became as knowledgeable or more 16 knowledgeable than the bureaucratic experts in 17 those fields. 18 His achievements, his record over 19 those 22 years, is really a precursor or 20 harbinger of the accomplishments to come in the 21 field of transportation, with him as the 22 Commissioner of Transportation. 23 In sum total, John Daly ranks 1 with the best and the brightest, the best and 2 the brightest nominated by Governor Pataki to be 3 commissioners and to help him run the state of 4 New York. 5 I know that he will be an 6 extraordinary Commissioner of Transportation. I 7 wish him well. I look forward, as do each of 8 you, to working with him for many, many years in 9 the future, and the Governor is to be commended 10 for this outstanding appointment. 11 Thank you very much, Mr. 12 President. 13 ACTING PRESIDENT KUHL: Chair 14 recognizes Senator Lack. 15 SENATOR LACK: Mr. President, I 16 have finally learned after all these years here, 17 if you don't have anything good to say about 18 anybody, just sit down. So -- (Senator Lack 19 sits down. ) 20 Seriously - 21 SENATOR LIBOUS: No roads for 22 you. 23 SENATOR LACK: Now, since Senator 1 Libous mentioned that, I expect that every 2 member who's going to stand up and speak on 3 Senator Daly is going to make the same pledge 4 that I already have to him privately, and that 5 is in public, don't want any roads, understand 6 what's wrong with the state and chosen the right 7 man for the job to make sure that no member of 8 the Legislature will call and bug you about 9 putting a road in your district because it isn't 10 going to happen. 11 So congratulations to you, 12 Commissioner. 13 But in all seriousness, it was 16 14 years ago, there were six of us who came to the 15 Senate at the same time. John is leaving; that 16 leaves Charlie Cook and myself and, John, I've 17 got to tell you, it's been more than a 18 pleasure. I think we've both learned from each 19 other. I've learned more from you than I can 20 possibly tell you. 21 In the last couple of years we've 22 certainly grown friendlier. For that, I'm 23 happy. It's always been a pleasure to visit 1 with you in your district; your regional office 2 on Long Island been located in the same place 3 that Caesar and I have our district offices. 4 Whenever you want to get away from the office 5 and come see how it was, you're always invited 6 to stop in. 7 I can't think of a finer choice 8 than the Governor has made in Transportation 9 Commissioner than you. I won't be the first 10 member to stand up, and certainly not the last, 11 to comment on how accurate you always are, how 12 quick a study you always are and that the job 13 you are taking on, particularly in these kinds 14 of times, requires a really serious and good and 15 fine analytic mind. 16 And then, John, my congratula 17 tions to you, and I think I and every member of 18 this body, Republican or Democrat, certainly 19 congratulate you on your achievement and going 20 on as Transportation Commissioner and please, by 21 all means, don't be a stranger. Come back, and 22 there'll always be this friendship. 23 Thank you, John. 1 ACTING PRESIDENT KUHL: Chair 2 recognizes Senator LaValle on the resolution. 3 SENATOR LAVALLE: I think Senator 4 Volker. 5 ACTING PRESIDENT KUHL: Whichever 6 way you want it, gentlemen. Senator Volker on 7 the resolution. 8 SENATOR VOLKER: Mr. President, 9 it really is a kind of a bittersweet day. I 10 think many of you probably are aware that John 11 Daly and I came to the Assembly together many, 12 many years ago. In fact, we both had double 13 primaries, John as usual from the outside; that 14 is, he was running against an incumbent, and I 15 so to speak from the inside. There was no in 16 cumbent in the district, and I was the endorsed 17 candidate. 18 We both won in very close 19 elections, and became very close friends and, in 20 true Irish style, began arguing immediately 21 about all sorts of issues and really, I guess it 22 never completely stopped over the years. 23 There is so much history between 1 the two of us that it's really hard to even 2 think about it. When John was nominated by the 3 Governor or rather when he found out that he was 4 to be nominated, he called me and I said -- we 5 were both, of course, very excited. I know of 6 John's knowledge and interest in transportation 7 and have for many, many years, and I know it's a 8 great appointment, but the both of us mused 9 about the fact that we have represented 10 districts next to each other for lo, these many, 11 many years. 12 There certainly is, I think, all 13 of us know, our many stories we could tell about 14 John Daly, and I could tell some that I probably 15 couldn't tell on the floor here, but I do want 16 to tell one story that I think is kind of 17 typical of John. We all know very honestly what 18 a great debater he is, and he really is a great 19 debater and always has been. But I went to the 20 Senate in -- came to the Senate here in 1975, 21 and, of course, John came to the Senate, I 22 believe in 1978 if I'm not mistaken, 1978, so 23 there was a few years in between, and John was 1 here for a -- I think a couple of years, and he 2 had been jumping up and down five or six times 3 one day debating various bills and Warren 4 Anderson was sitting right there, and he 5 motioned to me, and I came over, and he said 6 something to me, and I walked over to John, and 7 John was standing up debating and the message 8 that I had, and I whispered in John's ear, from 9 Warren Anderson was, "John, just want to remind 10 you, you're in the majority now, you're not in 11 the minority," and John Daly said, "I think I 12 just got a message from the Majority Leader that 13 I've said enough today," and sat down. 14 But let me just say that I 15 certainly will miss John as a friend and a 16 colleague. We have worked together on many, 17 many things both here in the Senate and outside 18 the Senate. Certainly, I don't think there's 19 anyone in this chamber who has worked harder in 20 the Senate on Irish issues, and I have been 21 right along with him at the Irish -- American 22 Irish Society and many other things that relate 23 to -- to the fabric of this place. 1 And, of course, to western New 2 York, John has been almost legendary in his 3 defense of -- of prerogatives in western New 4 York, in education and Medicaid reform and 5 things of that nature. 6 I will personally miss John. I 7 am convinced, though, that the state is getting 8 somebody who not only is knowledgeable about 9 transportation but who cares about every area of 10 this state and who cares about the people in 11 this chamber, the people of the other chamber 12 and all the people of this state, and George 13 Pataki, I don't believe, could have made a 14 better choice to lead transportation. 15 My best wishes to you, John, and, 16 of course, I would hope that you and I could 17 communicate a great deal in the -- in the years 18 to come and still be able to -- to talk and 19 argue too, because that's part of our 20 upbringing. 21 I wish you the best and 22 Godspeed. 23 ACTING PRESIDENT KUHL: The Chair 1 recognizes Senator LaValle. 2 SENATOR LAVALLE: Thank you, 3 Senator Kuhl. 4 Senator Levy, I think, set the 5 stage in what he said, that Governor Pataki, by 6 his nomination of Senator Daly, really has taken 7 one of the best and brightest of public servants 8 and put him in one of the most challenging 9 departments, and certainly Senator Daly, as we 10 have come to know him, is a person who is 11 serious of purpose, a person of great intellect 12 and energy, and I think that the Department of 13 Transportation and those people that make up 14 that department will be challenged each and 15 every day by its Commissioner to fulfill what he 16 talked about in the Finance Committee, what he 17 feels is a -- is a trust that has been placed in 18 him and one that he wishes to fulfill. 19 I'm sure that each of us who have 20 served in public life cannot shed very easily 21 the things that we -- that we learn, and the 22 skills that we learn, and Senator Daly's 23 comments, I think, were replete with those 1 things about empowering the people. Those were 2 the people that he talked about working for and 3 going out as Commissioner and learning first 4 hand from how pot holes are filled to the most 5 difficult of -- of tasks. 6 But there's one -- one thing that 7 many of us maybe don't realize about John Daly. 8 We have -- we know his debating skills and how 9 fired up he can be in a debate and how 10 passionate he can be in expressing a point of 11 view, and I think that we often don't see 12 another side of John, and that's the humanity, 13 great humanity that John brings, some of the 14 bills that he has carried in dealing with the 15 handicapped and those individuals that he would 16 like to see get the best possible education to 17 be all that they can -- can be. 18 John has, as many of us have, 19 gone back to his ethnicity, to the readings and 20 the poetry and the best attributes of those who 21 have preceded us to this country and in the land 22 that they came from. He has captured all of 23 that, and I have always been in awe of listening 1 to him recite some of the poetry and actually 2 really understanding the philosophy behind it. 3 It has made him the kind of person that he is. 4 We certainly, in this body, are 5 very proud of him as are his family and the 6 people of western New York, and we know, John, 7 that all New Yorkers will indeed be very proud 8 of you as our Commissioner. 9 I just say in closing, you 10 certainly have touched my life in a very 11 personal way and in bringing together the person 12 that I am married to, and many people don't know 13 that, but in closing, all the highways that 14 Senator Lack told me he doesn't want 15 constructed, I still have some work to be 16 completed. Remember the 1st District. 17 ACTING PRESIDENT KUHL: The Chair 18 recognizes Senator Markowitz. 19 SENATOR MARKOWITZ: Thank you 20 very, very much. 21 I know that the good people of 22 Niagara Falls, Niagara County, have enjoyed John 23 Daly for many years. Now the rest of the state 1 will have that benefit and, you know, John, 2 although he represents an upstate community, his 3 beginnings and his life was formed in the city 4 of New York and in Queens, my sister county - 5 borough -- in New York City, and no matter how 6 many years, John, you were away from Queens and 7 from New York City as far as residence, you 8 always kept that spirit, like when you and I 9 used to go to buy wholesale suits. You never 10 ever lost that connection to life in New York 11 City. Because who buys retail anyway? 12 Whatever the case might be, let 13 me, if I -- let me add that before I vote yes 14 this afternoon, I want to be sure that you make 15 a promise to us that you have kept for all these 16 years, and that is that myself as the only non 17 Irish member, born Irish that is, adopted Irish 18 of our Irish Legislators Association, you are 19 our star singer each year at our St. Patrick's 20 gathering at the Hibernian Center, and I hope 21 that you will continue to grace us each and 22 every year with your great ability of song and 23 to keep that Irish spirit alive here in the 1 Capitol, and for all of us in government. 2 So -- I see you nodding your 3 head, so you can be assured that I will vote for 4 your confirmation today, and I want to be the 5 first one publicly, before Senator Lack, because 6 he usually gets everything he wants anyway 7 considering he's in the Majority here, and seems 8 to make the right moves most of the time, but I 9 want to be able to say to you, Senator, that I 10 want to be able -- what do I want to say? 11 I want to be able to say to you, 12 Senator, I want you to think about Brooklyn, I 13 want you to think about Queens and when you 14 think about Brooklyn and Queens, you've got to 15 think about the Brooklyn-Queens Expressway; 16 you've got to think about the Gowanus Expressway 17 and you got to think about the Prospect 18 Expressway. 19 Good luck to you. 20 ACTING PRESIDENT KUHL: Chair 21 recognizes Senator Cook. 22 SENATOR COOK: Mr. President, 23 John Daly and I arrived in Albany on the same 1 day. We arrived in the Assembly on the same 2 day. We arrived in the Senate chamber on the 3 same day, and I couldn't be more delighted that 4 we're not arriving at the next place on the same 5 day, because I think that the Governor has 6 indeed chosen the brightest and the best for 7 this -- this responsibility. 8 John, from the day of his arrival 9 in Albany, has demonstrated that unique 10 intelligence, that unique drive that has made 11 him the person that everyone has spoken of here 12 today, and I know, John, that you're going to 13 carry that same -- those same traits into your 14 responsibilities as Transportation 15 Commissioner. 16 I know that you recognize the 17 unique needs of the 40th District and that you 18 will be serving those with great enthusiasm and 19 that I certainly wish you every good thing in 20 what you're going on to do. 21 ACTING PRESIDENT KUHL: The chair 22 recognizes Senator Rath. 23 SENATOR RATH: Thank you, Mr. 1 Chairman. 2 I have a unique privilege. I 3 share a boundary line with John Daly. He is my 4 neighboring Senator to the north in the western 5 New York area, the western New York delegation, 6 and I would again think and congratulate John 7 and congratulate the Governor indeed on his wise 8 choice because -- to bring someone from a 9 legislative branch to the administrative branch 10 on something that's as sensitive as roads and 11 bridges. 12 My 16 years in the county 13 legislature taught me, if nothing else, how 14 sensitive roads and bridges are, and I seem to 15 hear it all around from my colleagues this 16 afternoon, that they're also very sensitive to 17 the roads and bridges issue. It was a very, 18 very wise decision by the Governor, and we look 19 forward, of course, all of us, to working with 20 you as I did, as I said, in my years in the 21 county legislature. We didn't see an awful lot 22 of you and Senator Volker but, when we had state 23 issues, we certainly called you all right up and 1 you helped us along. 2 I went over to see John a couple 3 of days ago to talk about the end of some of our 4 responsibilities and what I should look after in 5 our -- some of our mutual interests along the 6 borderline, if you will, between the two 7 districts, and we talked a little bit, and I 8 said, "Well, now that we've talked about all 9 that, John, I really want to tell you what I've 10 come about: Has anyone asked about doing the 11 St. Patrick's Day party?" And he said no one 12 had asked, so I'm inviting you all to the St. 13 Patrick's Day party in my office this year 14 unless you're planning it, but we were kind of 15 fighting it out as I left as to who was going to 16 end up with that opportunity. 17 But, John, your perspective and 18 your patience with all of your constituents and 19 with all of the people you've worked with 20 through the years have been well noted, and I 21 believe it was Senator LaValle that indicated 22 you had this tremendous interest in the poets, 23 and I thought that maybe there was one poet that 1 said it very clearly for you. In fact, he spoke 2 about a job that I guess we know that you are 3 going off to. 4 And so, John: 5 May the road rise up to meet you; and 6 May the wind be always at your back; and 7 Until we meet again, may God hold you in the 8 hollow of his hand. 9 Godspeed, John Daly. 10 ACTING PRESIDENT KUHL: Senator 11 Mendez. 12 SENATOR MENDEZ: Mr. President, 13 I, too, rise and feel the same way that most of 14 my colleagues do feel here today. At one level, 15 we all hate to see you leave, John. At the 16 other level, we feel pretty certain that the 17 Governor has made the finest choice for that 18 particular position. 19 I served with Senator Daly in the 20 transporta... in the Housing Committee, as well 21 as on the -- in the Corporations Committee. In 22 both instances, he was a very fair chairperson. 23 He managed the -- the work with wit, and every 1 body wanted -- everybody's best would come 2 forth, so even though we all know how greatly 3 qualified he is for this position, we want the 4 one quality that I admire is that he has the 5 ability to motivate people to do the best that 6 they can on anything. 7 So we know we're going to have 8 the best Commissioner we could possibly have in 9 New York State. So, John, with great regret, we 10 hate to see you leave, as I said before, but 11 with great joy, we know that you'll be serving 12 the residents of New York State in this new 13 capacity and doing a great job as usual. 14 ACTING PRESIDENT KUHL: Senator 15 Gold on the confirmation. 16 SENATOR GOLD: Thank you, Mr. 17 President. 18 This is a pleasure. I've been 19 beaten up by John Daly for too many years now 20 and I'm sick of it; so finally getting a chance 21 to get in a little. 22 But you know, I must admit, John, 23 I read the resume. We all know each other, but 1 if you read the resume, you learn things and I 2 confided in some of your Republican colleagues 3 that I was impressed that in 1989, Niagara 4 University honored you with a Doctor of Laws, 5 and one of those wise guys told me that there 6 was a rumor that on a Sunday afternoon you went 7 over the falls without a barrel, and that's how 8 you got it. 9 I don't believe it. I think that 10 it was a recognition of the fact that you were 11 born in New York City and educated at Fordham 12 University and, as a matter of fact, the first 13 time I heard you speak, I knew you were an 14 upstater, I knew you had to have a New York City 15 education and come from a great place like 16 that. 17 Your party has really given you 18 all of the tough jobs. People say to me, you 19 know, and I knew all these tenants and the 20 groups down there, and you say, "Who is it you 21 have to see on housing," and they say, "Well, of 22 course, John Daly." "Is he from Manhattan; is 23 he from the Bronx?" I said, they wouldn't give 1 us anybody from the Bronx or Manhattan; they're 2 going to give it to a guy like John Daly from 3 upstate New York who can take the heat and when 4 it's all over laugh it off. 5 But the truth is, John -- nobody 6 is taking down these comments -- you really did 7 a great job. You really did do a great job and 8 the fact of the matter is that you, everybody 9 knows you're competent, and everybody knows 10 you're smart, but the main thing, John, and the 11 thing that gets me, is, you are probably one of 12 the -- one of the nicest people I've had an 13 opportunity to meet in or out of politics. And 14 I don't know why it's John B. Daly. It ought to 15 be an "I" because integrity is your middle 16 name. 17 And, John, I'll say this on the 18 public record: I would trust you with anything, 19 anything. You're a fine guy. You're a 20 sensitive guy, and I'm really going to miss 21 you. There's a lot that goes on between the 22 sides of the aisle here and there's a lot that 23 goes on in politics, and some of us can turn it 1 on and off when we get out of here, and some of 2 them we can't, and the bottom line is that the 3 kinds of things that people say behind your 4 back, John Daly, you ought to be very proud of. 5 You are a terrific guy, and I 6 wish you Godspeed. I know you're going to do a 7 great job. 8 ACTING PRESIDENT KUHL: Senator 9 Oppenheimer on the confirmation. 10 SENATOR OPPENHEIMER: Had I but 11 known, John, I would have invited you on my hike 12 in Kanamawa about three months ago, but in the 13 next hike I will get in touch. 14 This morning when we were in 15 Transportation Committee, I discussed the fact 16 which I think all of us feel that we're all 17 worried about what's going to happen with the 18 federal cutbacks that we're hearing and the 19 capital monies for transportation and the 20 operating monies for transportation, and we all 21 know that the dedicated funds are going to run 22 out in a couple of years, and we all have a 23 right to be concerned about what's going to 1 happen, and when I mentioned that concern to 2 John Daly, John said, and we know this to be 3 true, that he is going to be open and available 4 to -- to everyone, not just to us, but to all - 5 all the people that come to him, to try and get 6 through this period, and also of concern to some 7 of us is our regional offices, and John said, 8 oh, he's going to try his best. He really wants 9 the regional offices to stay open because that's 10 -- that's what we rely on down at the local 11 level, and you know, it was sort of a love fest 12 in the Transportation Committee, and I think 13 that's because we know John and -- and we know 14 that he's someone who -- who is honest and who 15 we can trust and -- and carries forth on the 16 principles that he believes in and he does it 17 most of the time in a very gentlemanly manner, 18 and I think he defines what -- what we think is 19 the best in public service, and I know John is 20 going to carry that concept which is a part of 21 him, of public service into the job he's going 22 to do, and it's not going to be easy but we all 23 wish you the very best. We're going to miss 1 you, John. 2 Thank you. 3 ACTING PRESIDENT KUHL: The Chair 4 recognizes Senator Paterson on the confirmation. 5 SENATOR PATERSON: Mr. President, 6 I remember my first day in the chamber, and I 7 had a kind of exciting experience for a first 8 day. I walked on the floor of the Senate, and I 9 ran into a man named Joseph Holland, not to be 10 confused with Senator Holland, but Joseph 11 Holland has gone on to become the Governor's 12 appointment to the Department of Housing and 13 Community Renewal. But Joseph Holland that year 14 had run against me for the seat, and I guess I 15 was a little paranoid. I thought he was 16 actually going to try to sit in my seat, and I 17 thought I had won the election, and so I went 18 over to Joe, who was a friend of mine, and I 19 said, "Hi! How you doing?" And he says, "I'm 20 fine," and I said, "Well, what brings you to 21 Albany?" He said, "Well, I'm counsel to the 22 Housing Committee and Senator Daly," and he then 23 introduced me to Senator Daly. So I realized 1 that Joseph Holland had lost the election but 2 that he had found a better way. He probably 3 passed more bills and influenced more policy 4 than I've done in ten years here. 5 But that made Senator Daly the 6 first Senator that I met when I came in the 7 chamber, and he was out... he was very engaging, 8 very warm. He was very much the way he's been 9 described, and I think the credit to all my 10 colleagues today is that if you never met 11 Senator Daly, you certainly would have learned a 12 lot about him just listening to the comments of 13 Senator Levy, who talked about his work in 14 primary and secondary child education and 15 housing, and Senator Gold who practically made 16 him the executor of his estate, and Senator 17 LaValle who really bestowed some very deserved 18 kind remarks on Senator Daly. 19 I've always found him to be that 20 way. The first year that I was in Albany, I 21 told him that the biggest issue in my district 22 was housing, and Senator Daly and his counsel, 23 Joseph Holland, came to my district and held a 1 forum and let all my constituents come down and 2 talk about the housing problems that they had. 3 There are a number of areas that 4 Senator Daly would excel in if he wanted to 5 leave here, but personally, I like that he's 6 going to the Department of Transportation. It 7 has to do with an incident that I had with 8 Senator Daly about three or four years ago. It 9 was on State Street. It was about minus ten 10 degrees, and I had determined about halfway 11 walking to work that I had not worn enough 12 clothing so I tried to run as fast as I can to 13 the LOB. 14 I was running up the steps and 15 did not notice that someone had put a metal 16 chain across the steps of the LOB, the steps 17 that go onto the third floor. This is the first 18 time they did it, and I was clotheslined by the 19 chain and was at this point airborne. 20 Fortunately, Senator Daly ran down and caught 21 me. 22 The amazing thing about it is 23 that, before he ran down and caught me, he 1 checked the Redbook to see the demographics of 2 my district to make sure I wasn't a marginal 3 Senator and the Majority could pick up the 4 seat. 5 So I would say that 6 transportationwise I was in good hands that day 7 and so will all the residents of New York State 8 be with Senator Daly as our commissioner. 9 Congratulations, John. 10 ACTING PRESIDENT KUHL: Senator 11 Jones on the confirmation. 12 SENATOR JONES: Well, Senator, 18 13 months ago -- as all of you know, I came here 14 two years ago as the ultimate outsider, as I 15 said today, both politically and governmentally, 16 and 18 months ago when I was sitting here and we 17 did your predecessor, I looked around and almost 18 every single person in the house got up except 19 myself, and I was like, Gosh, this is wonderful, 20 it's bi-partisan, everyone knows this man, and 21 it was like, what do I do, and they said, Well, 22 you better think of something to say or you 23 won't get a single pothole fixed all of your 1 time here. Well, I didn't, because I didn't 2 know the man, but I am quite relieved to stand 3 up this time and say I do know the gentleman, 4 and I was the one who Senator Levy mentioned 5 today when I did come here figured the best 6 people you ought to get to know is upstaters 7 like yourself, and I was the one who did inquire 8 and people told me John Daly was both fair and a 9 man of his word and, John, this afternoon I 10 thought of a good example of that fairness as it 11 related to me. You actually let me put my name 12 on a bill once. Unfortunately, it was a tax 13 bill that I got in trouble for later, but it was 14 still thoughtful to see my name in print, and I 15 do want to thank you for that. 16 But all kidding aside, John, you 17 really have proven to me that you are a man of 18 your word and you are fair and treat everybody 19 equally here, and I think that says a lot for 20 you, and clearly I feel very comfortable saying 21 the Governor made a good choice. 22 ACTING PRESIDENT KUHL: Senator 23 Dollinger on the confirmation. 1 SENATOR DOLLINGER: Mr. 2 President, I'm going to miss Senator Daly 3 because he and I provided the fireworks, I 4 guess, that Senator LaValle mentioned Senator 5 Daly's debating habits, and I guess I fed those 6 habits on some occasions, and I will miss him. 7 I feel, I guess, when I first 8 came to this chamber, John Daly made me feel 9 like that rookie in spring training who takes 10 his first pitches against the wily veteran on 11 the mound, and he steps into the box and he digs 12 in and he's ready to send the first pitch into 13 the stratosphere, and sure enough the veteran 14 plants one right under his chain, and the young 15 rookie suddenly is prone at the plate, and he 16 gets up and he thinks, Gee, why would he throw 17 that pitch at me? 18 And this was the first time I 19 debated John Daly, he got up and peppered me 20 with several questions. It's not until you go 21 back to the bench as a rookie and sit down with 22 the other veterans when someone says, Hey, kid, 23 welcome to the great game, and that's how the 1 game is played. 2 John, I actually appreciate that 3 in retrospect, and I have two other thoughts, 4 one most of you don't know but, although John 5 Daly hails from Niagara County, he represents a 6 portion of Monroe County. He has been the 7 senior Senator from Monroe County. John has 8 done a number of things for the benefit of the 9 entire county, most of which the portion of the 10 remainder is represented by Senator Jones and 11 myself and Senator Nozzolio, but on behalf of 12 the people of Monroe County that you have helped 13 from your chair in Niagara County, I want to say 14 thank you. 15 And I'll steal a line from 16 Senator Rath. I think it's appropriate that we 17 send an Irishman off to the Department of 18 Transportation with the greeting, may the road 19 rise up to greet you. I have a feeling that 20 lots of roads will be rising up to greet you in 21 your future, and my prayer for you is that 22 whatever road you take, whatever path you go 23 down, good luck will shine on you. 1 God bless! 2 ACTING PRESIDENT KUHL: Senator 3 Stachowski on the confirmation. 4 SENATOR STACHOWSKI: Mr. 5 President, I, too, am glad to rise to second the 6 nomination of John Daly. I'm happy that, since 7 Dollinger just spoke, that John Daly didn't jump 8 up on a point of order or ask to respond in 9 between. 10 I can't say that I worked with 11 John on any of the Irish issues, but I did have 12 the opportunity to work with John on the en 13 vironmental issues and shared a great deal of 14 enjoyment, particularly being on his Commission 15 on Toxic and Hazardous Wastes where, believe it 16 or not, with all the abuse that commissions 17 take, that particular commission, has 18 accomplished a lot of things, and I think most 19 of that is because John Daly played such a major 20 part in it. 21 John and I share a few interest 22 ing things other than western New York 23 delegation items. Obviously we talk the Sabres 1 issues but, if I really want to know what John 2 is thinking about the Sabres, I wait every year 3 'til that game comes when John brings his 4 daughter and she really tells me all about the 5 Sabres, and I appreciate that, so I hope we can 6 make some provision that he can still bring her 7 to that game when the delegation goes. 8 Also I know John, although I'll 9 be contacting you for transportation issues, I 10 expect to hear from you in May, June and August 11 in particular, because we share another mutual 12 interest and, if you're not sure what that is, 13 if you look at John's tie today, you'll get a 14 pretty good idea; and incidentally, I'm a big 15 sports fan as most people here know, and I had 16 an opportunity to go see Reggie Jackson inducted 17 into the Hall of Fame, and I was all ready to 18 leave Saratoga that next morning to go to the 19 Hall of Fame in Cooperstown but, unfortunately, 20 I got sidetracked because that Saturday I 21 happened to be at the race track and John Daly 22 said, Will you come back tomorrow and sit with 23 me in this box that he had? And so Reggie 1 Jackson went by the wayside and John Daly and I 2 had a great afternoon sitting and watching the 3 horses run and hopefully to win a few, but I 4 don't know if we won anything that day. 5 One other thing that I have to 6 point out, and this is probably my best 7 compliment to John. Incidentally, before I 8 bring this up because it has got to do with the 9 gym, the members of the gym committee won't 10 expect any special treatment so, you know, road 11 issues especially since other than being a 12 lobbyist, you probably can be a member of the 13 gym. 14 The fact that I didn't have any 15 idea, and I happen to be in the gym a lot when 16 John Daly is because we happen to go in the 17 evening usually when we finish session or 18 normally both of us stay over and the night 19 everybody beats it to get out of town normally 20 about five o'clock, you'll find John Daly and I 21 in the gym. It just works out that way, and 22 until I read his resume when he was first 23 nominated for this position, I had no idea John 1 Daly was 66 years old and, as far as I'm 2 concerned, that's the best compliment I can give 3 you, John. 4 Good luck and God bless you. 5 ACTING PRESIDENT KUHL: Senator 6 Libous on the confirmation. 7 SENATOR LIBOUS: Thank you, Mr. 8 President. 9 Like my colleagues I, too, rise 10 to think about the first time that I met John 11 Daly actually, and I came sliding into this 12 house on a 1400-vote landslide and I remember 13 coming up here and meeting John Daly, and he put 14 his arm around me, and said, "Had a tough one, 15 huh?" He said, "How did you make out?" I said, 16 "I won by 1400 votes." He said, "I won by 700 17 my first time, and now I'm unopposed." Well, 18 John, I'm not exactly unopposed yet, but I'm 19 going to work on that. 20 John, they've talked about your 21 debating skills, your commitment to the Senate, 22 your commitment to your constituents. I think 23 the thing that I will most remember about you is 1 that you get up and speak about something that 2 you believe in, that you do it with honesty and 3 sincerity, and I think that's something that 4 doesn't always exist in this house when people 5 stand on the floor. They don't always -- they 6 speak maybe what's politically popular, but you 7 speak on what you believe in, and I respect you 8 for that. 9 And, John, as far as missing you, 10 I will miss you like our other colleagues. You 11 know, I'm going to miss your fiery debating 12 style. I'm going to miss the -- the dedication 13 that you have to the Majority. 14 I'm going to miss those 15 occasional 4:00 a.m. meetings up in your office 16 when we're in session late at night to discuss 17 strategy. 18 I'm going to miss those great hot 19 dogs in western New York at the party and the 20 barbecue you'd have each year, but most of all, 21 John Daly, I'm going to miss you as a friend and 22 a colleague, and I wish you Godspeed. 23 ACTING PRESIDENT KUHL: Senator 1 Maltese on the confirmation. 2 SENATOR MALTESE: Mr. President, 3 I guess there's -- ordinarily you would say 4 there's very little that I could add to the 5 words of my colleagues and John's colleagues and 6 I very well understand the desire of so many of 7 John's colleagues to be heard on this happy 8 event in his life, but that happy event is 9 bittersweet for those of us, his colleagues, who 10 know him best. 11 I have had John as my seatmate 12 since coming to the Senate. I knew him as an 13 Assemblyman in the '70s and knew him when he 14 came here as a State Senator. The esteem that 15 he's held in in his district is more than 16 represented not only by -- by the votes he 17 receives and the friendships he has in his 18 district, but they are also duplicated by the 19 esteem he's held in here. 20 So many people have spoken about 21 the good qualities and -- of John, and I think 22 one of the things that's most endearing, if I 23 may, about John is how self-effacing he is 1 with the esteem that he's held in and the 2 different -- different areas that he's so 3 proficient in. As John and I were sitting here 4 and listening to the approbation of his 5 colleagues and the accolades, he made some self 6 effacing motion, and I said, "John, it's better 7 than a wake," and he said, "Not an Irish wake." 8 But he's here to hear these 9 accolades and what he has done is more than 10 represented by the bills he's passed, the work 11 he's done in so many different environmental and 12 hazardous waste areas, what he's accomplished 13 for his constituents and the people of New York 14 that stand in testimony to the fact that John 15 Daly was here. 16 He's going on to a different 17 position and another stage in his life and I 18 don't know. I think it was Bill that said he 19 was surprised he was 66. I just want to tell 20 you. 66, speaking from the vantage point of 62, 21 I don't think 66 is too old, John. So you have 22 a -- but you have a great deal more to accom 23 plish on behalf of the people of the state. 1 We will very much miss you. I've 2 always taken a certain amount of pride, 3 parochial pride, in the fact that you were from 4 Woodside which is very close to my district, 5 very close too me. I hope that, as you go on 6 with your career and duplicate how illustrious 7 it is and go on to greater things, that we'll 8 always be neighbors. We'll always be friends. 9 Godspeed, John Daly. 10 ACTING PRESIDENT KUHL: Senator 11 Wright on the confirmation. 12 SENATOR WRIGHT: Thank you, Mr. 13 President. 14 I sit here in envy of a number of 15 my other colleagues who have had the opportunity 16 to serve 16 years with John Daly. I, unfortun 17 ately, have only had the occasion to share two 18 years in this chamber with John, but I look back 19 on those two years with a great deal of pride 20 and friendship having made the association of 21 John Daly. 22 When I first started to campaign 23 for the Senate, one of the first individuals to 1 talk to me and provide me with some advice was 2 John Daly, and that was not only throughout my 3 campaign, but the first day that I arrived here 4 in this chamber. As a freshman, it's a rather 5 humbling experience to come into this hall of 6 history, if you will, and traditions, and it's 7 nice to have somebody take you aside and assure 8 you that you can find the right chair. You 9 quietly ask them, how do you turn the microphone 10 on, and find out, in fact, you don't; they do, 11 and it's the kind of very practical advice that 12 John Daly provided. 13 And John Daly gave me advice 14 about politics, about policy, about what goes on 15 in the Senate, and he's had occasion to visit my 16 district with me. We've had occasion to spend 17 some time together. One rather long 18 dissertation I remember he shared with me the 19 history of the New York State Senate from the 20 Daly perspective. 21 All of those have been 22 experiences that I truly appreciated and look 23 fondly on. One that -- one story, since we're 1 all sharing stories, John and I had some friends 2 out for dinner and we split the bill that 3 particular evening and provided our respective 4 credit cards which they returned, and we 5 dutifully signed the receipts and put the credit 6 cards in our pocket and returned to our 7 district. Three days later, I return home in 8 the district and find on my answering machine a 9 message from John Daly. "Jim, having a lovely 10 time in Saratoga. I found your card. I hope 11 you're enjoying mine as much," and needless to 12 say when the bills arrived he thoroughly enjoyed 13 mine considerably more than I did. 14 But that's a measure of John 15 Daly. He will do anything with enthusiasm and 16 John has brought to everything that he's done 17 intelligence, integrity, hard work, and I think 18 we all know and recognize the tough choices that 19 we face ahead, and I think we all recognize the 20 caliber of individual we're sending into a very 21 difficult job as Commissioner of Transportation 22 to make those tough choices, and he's very 23 capable of making those choices and, as someone 1 who represents an upstate rural district that's 2 very dependent upon the Department of 3 Transportation and what it can and can't do, I 4 truly feel assured with the caliber of 5 individual and the choice of John Daly being 6 that Commissioner. 7 If there is anyone, I guess, that 8 I've had the pleasure to encounter in the last 9 two years that I would like to emulate in my 10 Senate career, it's John Daly and, John, I truly 11 appreciate your friendship, truly appreciate 12 having the limited opportunity to serve two 13 years with you, and I look forward to working 14 with you again. 15 Good luck, John. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter on the confirmation. 18 SENATOR LEICHTER: Yes, Mr. 19 President. 20 It's going to be hard to think of 21 serving in the Legislature without John Daly. I 22 served with him in the Assembly, been together 23 for 16 years in the Senate, and let me just say, 1 that, in all my years, far too many, a lot of 2 very special people have served with me, people 3 that I certainly will remember, and one of those 4 is very definitely John Daly. 5 It's just been a real worthwhile 6 experience. I was going to use the word 7 "delight", but then I thought of all those 8 debates about your delight necessarily fits the 9 description about debates. They were a pleasure 10 because they were so representative of the way 11 John Daly does things. He does it with passion; 12 he does it with enthusiasm; he does it with 13 conviction, but John never takes himself 14 seriously. He takes what he believes in 15 seriously, but better himself, and there's very 16 few people that it's as easy to be friendly with 17 as with John Daly. He really is a friend to all 18 his colleagues because the person comes through 19 and John knows -- I'm not going to go into the 20 description of this one, but I sent him a note 21 late this fall after the election and saying 22 that I wasn't surprised, but he did something 23 that I thought just showed what sort of a 1 quality person he was. 2 I just want to share with those 3 who were not in the Finance Committee when I 4 told members of the Finance Committee that I had 5 this particular insight into why the Governor 6 appointed John Daly as Commissioner of 7 Transportation. 8 Apparently, last year after a 9 Leichter-Daly debate, then Senator Pataki was 10 heard to say, "Isn't there some way we can end 11 those interminable Leichter-Daly debates?" And 12 he found a way to do it but, John, the only good 13 thing about your going to Transportation - 14 well, there's a lot of good things. We're going 15 to lose you here. We lose a very valued member, 16 but I think the state gains really a terrific 17 commissioner, and while I have been quoted as 18 being somewhat less than enthusiastic on some of 19 the Governor's appointments, I couldn't be more 20 enthusiastic about this appointment, and the 21 good news is that John's probably going to be 22 spending more time in my district than I am 23 because one of his biggest jobs, the biggest 1 jobs of the Department of Transportation, is to 2 build Route 9A along the West Side of Manhattan 3 and that's going to take a lot of time and, 4 John, any time you're down there, you give me a 5 call and we'll find some time to reminisce about 6 the Legislature, but it's been great serving 7 with you. 8 ACTING PRESIDENT KUHL: Senator 9 Nozzolio on the confirmation. 10 SENATOR NOZZOLIO: Mr. President, 11 thank you. 12 I rise with great honor in 13 supporting this nomination. And from a 14 perspective as a member of the Monroe County 15 delegation to the state Legislature, some of us 16 in the delegation, John, wish that your pitches 17 to Senator Dollinger were maybe a little higher 18 and maybe a little more inside than he likes to 19 call, but I think that nonetheless, I want to 20 echo his comments. I never thought I would be 21 doing that in any circumstance, but certainly in 22 this case it is appropriate, that you as dean of 23 the delegation, as a leader in western New York, 1 did so much for the people of our region. You 2 stood tall. You fought hard, and I want to 3 thank you for that. 4 I want to thank you for your 5 leadership on a very individual and personal 6 basis too that, as a rookie to this house, as 7 Senator Volker said, many years ago you were 8 told you don't do things in the Senate as you do 9 in the Assembly. Well, as one who served in the 10 Assembly for ten years and was a rookie two 11 years ago and sat not too far from you, I heard 12 that from you once in a while, but more than 13 that, you had great guidance, great friendship, 14 great leadership. All the things that were said 15 today, I echo, but more importantly, I get up to 16 thank you in this public setting for all you 17 have done, not only for the people you serve, 18 the people of western New York, but for your 19 colleagues here. You meant a great deal to us. 20 You meant a great deal to me, and this 21 appointment, in my view, is by far the 22 Governor's finest, and you will be a fine 23 Commissioner of Transportation. 1 Thank you, Mr. President. 2 ACTING PRESIDENT KUHL: Senator 3 DeFrancisco on the confirmation. 4 SENATOR DeFRANCISCO: A couple of 5 years ago I was fortunate enough to win my first 6 race in the New York State Senate, and we 7 invited many people from Syracuse to these 8 chambers for the swearing in. It was a proud 9 day for myself and my family, especially my 10 parents, and one of the key decisions I had - 11 the first decision I had to make is who should I 12 have -- who should I have swear me in, and most 13 people had Court of Appeals judges and all kinds 14 of very influential people in the -- on the 15 bench, but I met a person during the course of 16 my campaign that I just thought so much of, is 17 such a fine person, John Daly, that I asked him 18 if he would swear me in, and he did, and I still 19 remember the remarks he made when he was 20 standing where you are, Mr. President, and they 21 were encouraging words to me, and my family 22 really appreciated them. 23 I have never met a finer person 1 in my life than John Daly. He is truly a public 2 servant and he is truly a good man, and I 3 appreciated his stepping forward in making my 4 special day so special, and I'm certain that he 5 is going to be doing some great things for the 6 state of New York, and I'm proud to call him my 7 friend. 8 Thank you, John. 9 ACTING PRESIDENT KUHL: Senator 10 Stavisky on the confirmation. 11 SENATOR STAVISKY: Senator Daly 12 and I served in both houses of the Legislature. 13 John, you misled me. You went from the Assembly 14 to the Senate and immediately became a chairman, 15 and based upon your experience, I thought that 16 was going to happen. I had no idea that 17 chairmanships were divided on a slightly 18 partisan basis, but in your departure, I hope 19 you will recommend that that oversight be 20 corrected and that a vacancy be shared with this 21 side of the aisle on more than one occasion. 22 I'm sure that's part of the contract between the 23 Republicans and the Democrats in this session. 1 There is no truth to the rumor 2 that mischief makers are going to rename the 3 Love Canal in your honor; no way will that 4 happen, and I want you to take the marvelous, 5 positive sentiments that were made here on the 6 floor seriously. It is not an odd mixture of 7 Pulp Fiction and True Lies the way the two 8 motion pictures that were put out recently 9 stated. You are respected. You are liked. You 10 are admired by your colleagues on both sides of 11 the aisle, and you do have the ability to know 12 upstate New York and downstate New York. 13 Your roots downstate, your long 14 service upstate, hopefully will enable you to 15 bridge the transportation arteries connecting 16 all parts of New York State. We have a lot of 17 problems, mutual problems, and you've never been 18 provincial in the way you've looked at these 19 things. You know that there are overhead 20 connections, elevated highways, railroad bridge 21 spans and bridges themselves which are not in 22 the best condition, and a mandate that you will 23 carry with you is the mandate to make certain 1 that those are safe connecting links, and that 2 no matter what new projects are undertaken, it 3 is my hope that the existing arterial roads and 4 overhead passes remain safe and are attended to 5 immediately. 6 I wish you well. We all admire 7 your governmental record of service, and we wish 8 that you will be here at home with your 9 colleagues and friends as often as possible. 10 ACTING PRESIDENT KUHL: Senator 11 Marchi on the confirmation. 12 SENATOR MARCHI: Mr. President, 13 it must be a gratifying experience for John Daly 14 to hear his colleagues from both sides of the 15 aisle, from every conceivable corner of this 16 state express themselves as they have here this 17 -- today. 18 There are intimate notes, 19 personal notes, shared experiences, governmental 20 and personal. It covers such a wide gamut of 21 human experience, that tells you something about 22 the individual. 23 John Daly has family down in 1 Staten Island. He's not a stranger to my 2 county, and I must say that the first time I met 3 him, I was slightly in awe. Somebody said John 4 Daly went to Regis High School. You mentioned 5 Fordham University and you mentioned these other 6 experiences, but Regis, in the eyes of many 7 perceptive people of my generation, meant 8 something very special. Unless you had an IQ of 9 about 200, you weren't admitted to the class, 10 but with that -- with that tremendous 11 intellectual command, with the intelligence, the 12 integrity, all of the qualities that he reflects 13 so abundantly, he also expresses such human 14 qualities and he expresses it well in the 15 statement that he distributed to those who were 16 assisting at the Finance Committee meeting, how 17 he considered other aspects, economics. He sees 18 the transportation picture not only the movement 19 of people, but it has to encompass humanity in 20 its total sense, and I think that's going to 21 play a significant role in -- in the way he 22 addresses his responsibilities. 23 John, the best is yet to come. 1 What you hear today is prologue, I think, to a 2 period of service that will endear you to the 3 people of this state and let them -- permit them 4 to know you in ways which only a few of us have 5 had the experience within these four walls. 6 So, John, God bless you and carry 7 with you sentiments here that are going to 8 endure and, I believe Senator Lack mentioned, 9 don't be a stranger. We want to see you early 10 and often. 11 ACTING PRESIDENT KUHL: Senator 12 Goodman on the confirmation. 13 SENATOR GOODMAN: Senator Daly, 14 how much do we love you; let us count the ways, 15 and we have counted them in many, many senses 16 this afternoon. 17 I will try not to duplicate the 18 remarks of earlier speakers and just cite one or 19 two little recollections that I have of our 20 relationship. 21 I recall, for example, my visit 22 to Niagara Falls for the purpose of making a 23 speech before some civic group and, lo and 1 behold, at the airport, I was met by the local 2 sheriff and given an escort to the dinner as 3 though I were a visiting potentate and I said, 4 "Why are you doing this", and he said, "We are 5 friends of Senator Daly." I said, "That's most 6 impressive. Thank you very much." 7 However, John, the slate is not 8 all positive and I'm about -- I'm glad I'm one 9 of the last speakers because I'm constrained to 10 reveal something about you which no one in this 11 chamber knows except for two people seated in 12 the guest section, and that something is that 13 you committed a high crime and misdemeanor by 14 theft, and that theft consisted of taking two of 15 my most talented staff members and usurping them 16 for your own use. I jest, of course, but Kate 17 Burgess who was my executive assistant whose 18 name deserves to be mentioned in the praise that 19 you're getting because of her enormously capable 20 support of your efforts, and Richard Runes, your 21 very talented counsel who, before leaving us for 22 the private sector, was really ubiquitous in 23 this chamber, are two indications of your 1 extraordinary talent in selecting and attracting 2 top flight people. I should revise my remarks 3 by saying you didn't, in fact, steal them; it 4 was done by mutual consent, and we are very 5 deeply grateful to them for the support they've 6 given you. 7 But, John, you know there's a 8 Senator in Washington who has gained enormous 9 fame both in the state and beyond because he is 10 known as the "Pothole Senator". I hope that 11 we're going to call you the "Pothole 12 Commissioner", meaning that you will be 13 attending to details with your usual great care 14 and concern and consideration, that you will let 15 no problem, however small or great, escape your 16 watchful gaze as it relates to the network of 17 highways and roads that bind our state 18 together. 19 And with that having been said, 20 John, just let me say that it has been a 21 personal privilege and a pleasure to have known 22 you and to have worked with you. Your sonorous 23 voice on occasions of group singing will long be 1 remembered by all of us and I hope will not be 2 missed because you will be regularly dragooned 3 into both St. Patrick's Day and other 4 observations. You played a starring role in a 5 theatrical production to which I had some 6 connection, in fact, several of them, and will 7 long be remembered for your very unique thespian 8 ability. 9 And finally, let me just say that 10 when it comes to integrity, to honor, to 11 capacity and to character, there is none here 12 who exceeds your remarkable attributes. We will 13 very much appreciate you. We will not miss you 14 because we will certainly beat a path to your 15 door if you don't accept Senator Marchi's 16 invitation to beat a path to ours, but a path 17 goes in two directions; we shall look forward to 18 using it. 19 Godspeed and good luck. 20 ACTING PRESIDENT KUHL: Senator 21 DiCarlo on the confirmation. 22 SENATOR DiCARLO: Thank you, Mr. 23 President. 1 It is a pleasure to rise in 2 support of the nomination of Senator Daly for 3 this position. Though only in this chamber a 4 little over a year, many of you might not be 5 aware of the fact that I first met Senator Daly 6 in Albany when I was 15 years old when Senator 7 Daly served with my father in the Assembly. 8 Little did I know that 22 years later I would 9 also be serving with Senator Daly, and it's been 10 an honor. 11 As a matter of fact, when I first 12 found out that the Governor had nominated 13 Senator Daly for this position, John, I called 14 my father who is now in retirement as a federal 15 judge and I said, "You'll never guess who the 16 Governor nominated to become Commissioner of New 17 York State Department of Transportation" and how 18 proud I was of you, John, and he asked "Who?" 19 and I said "Senator John Daly", and my father's 20 response was, "Is he still around?" (Laughter) 21 I am very lucky to have served 22 with you, John, for this year and one month, and 23 speaking on behalf of my father, there were two 1 DiCarlos who were very lucky to have known you 2 and serve with you, and God bless you and good 3 luck. 4 Thank you. 5 ACTING PRESIDENT KUHL: Senator 6 Gonzalez on the confirmation. 7 SENATOR GONZALEZ: Thank you, Mr. 8 President. 9 I, too, rise to second the 10 nomination and add that the state of New York 11 now will get the benefit of the constituency of 12 the state of New York of Senator John Daly. I 13 don't have much in terms to add to what has been 14 said except to John, I thank you for your 15 guidance, your help, your fairness, your 16 sensitivity and I, too, will miss you. 17 Thank you. 18 ACTING PRESIDENT KUHL: Senator 19 Johnson on the confirmation. 20 SENATOR JOHNSON: Thank you, Mr. 21 President. 22 I think I certainly want to 23 commend the Governor on his fine choice of my 1 colleague, our colleague, John Daly, to be the 2 Commissioner of Transportation. I certainly 3 congratulate John on this, I think, further 4 blossoming of his public career. We all said 5 we're going to miss him. We said we respect 6 him, we love him, we enjoyed working with him. 7 All those things are certainly very true for all 8 of us. The superlatives floating around this 9 room are really exemplary, and I'm sure if you 10 would have heard these before, you might have 11 decided to stay with us if he knew how much we 12 really loved him, but since we didn't tell him 13 beforehand, he's moving on, he's moving on with 14 our good wishes and Godspeed from everyone in 15 this chamber. 16 John, we will be in touch with 17 you. You have a very important pivotal job. I 18 like your thoughts about improving the highways 19 to help the economy of the state of New York and 20 certainly the economy needs a lot of help. The 21 Governor has a strong right hand in you, John, 22 and we will be behind you every step of the way. 23 Thank you and congratulations 1 again. 2 ACTING PRESIDENT KUHL: Senator 3 Nanula on the confirmation. 4 SENATOR NANULA: Thank you, Mr. 5 President. 6 Well, John, like Senator DiCarlo 7 and some others, I have not had the benefit of 8 serving a great deal of time with you being 9 elected last year here but, as you know, our 10 relationship extends some time. I won't say how 11 much time, but I will, I should say, mention 12 some of the dynamics of that relationship. 13 First of all, I'm a former 14 constituent of the Senator's, and as well, a 15 selectee or a nominee to be for a short period 16 of time, an intern under a program that Senator 17 Daly had once sponsored which was a phenomenal 18 program. In fact, I observed him in session, 19 again, I won't say how long ago, but in many 20 ways, John, both as a Senator, as my Senator, 21 and also as a young intern, Democrat or 22 Republican, you gave me a great opportunity to 23 view someone who was and is a great public 1 servant, somebody, in fact, I should say as 2 well, who cares about the people of the entire 3 state of New York, having come from downstate, 4 the New York City area, but representing a much 5 different community, a very challenged 6 community, and there's another unique dimension 7 of our relationship in that I now represent the 8 city of Niagara Falls which you represented for 9 a great period of time, and I want to thank you 10 for the leadership example you have given to me 11 and to many of us in Niagara County and in 12 western New York. I commend the Governor too on 13 this appointment, and I am certain that you are 14 going to do a wonderful job. 15 I do have a note from my father 16 who also happens to be a good friend of yours. 17 I called him this afternoon and mentioned to him 18 that you were receiving this appointment and he 19 said to me, "You know, I hope John does a better 20 job at being the Commissioner of DOT than he 21 does on the golf course." So with that, I too 22 wish you Godspeed and I look forward to working 23 with you in this new position. 1 Congratulations. 2 ACTING PRESIDENT KUHL: Senator 3 Holland on the confirmation. 4 SENATOR HOLLAND: John, you know 5 why we're all being nice to you? Everybody has 6 potholes and everybody will be calling you. 7 As Serph said, we sat together 8 for four years. John is breaking up the trium 9 virate here. When he was being investigated, 10 the trooper called and said, "Tell me about John 11 Daly." I can't think of anything negative to 12 say about this man who I have sat next to for 13 four years. He has been a great help to me, 14 guidance, a little harassment here and there. 15 He absolutely loves the debates and he's 16 considering today his last debate and he will 17 give it to some of us. 18 I'll miss his singing; I'll miss 19 his spoons; I'll miss going out to dinner with 20 him; I'll miss his advice, but the people of 21 this state will be better off for John Daly 22 serving as Commissioner of DOT. 23 John, I wish you good luck and I 1 know you will do an excellent job. It's been 2 great fun working with you. 3 ACTING PRESIDENT KUHL: Senator 4 Hoffmann on the confirmation. 5 SENATOR HOFFMANN: Mr. President, 6 along with the rest of my colleagues, I share 7 the enthusiasm and sense of excitement about 8 having the firebrand of the Senate going off to 9 an important, very low key agency that may now 10 move to a little different level of operation 11 under your direction, John. 12 I can't imagine what it's like 13 right now over at DOT main offices for the 14 senior staff who are anticipating your arrival. 15 I'll bet you those people are just full of 16 anticipation about what new direction you're 17 going to be giving them as you start whipping 18 things into action. 19 In this Legislature, there are a 20 lot of different match-ups and probably one of 21 the more exciting and occasionally amusing, 22 sometimes painful match-ups that all of us have 23 endured, both on the floor, in Finance on 1 occasion, and particularly in EnCon, is the 2 Daly-Leichter match-up, but my sympathies have 3 always been not with either of the two 4 combatants who could easily hold their own, but 5 with the poor chairman of the EnCon Committee. 6 For six years, my good friend, Hugh Farley, who 7 is not here to really savor this moment -- and 8 I'm sure he will have some choice recollections 9 about the agony he experienced in trying to cut 10 off debate at a reasonable time between two 11 people who felt as strongly on opposite sides of 12 environmental issues as John Daly and Franz 13 Leichter, and then in recent years it was Owen 14 Johnson who spoke very briefly, I noticed that, 15 because even here when he could have gotten his 16 licks in, he didn't want to take a chance that 17 it would send you off like a skyrocket, John, 18 and we would all be here for a couple of hours 19 until you finally decided to come down. 20 Life tempers us through our 21 different experiences, and I guess the people of 22 western New York and the rest of the state have 23 to take some sense of consolation in knowing 1 that the tremendous national example of 2 pollution and toxic waste that occurred in your 3 district hightened your awareness and gave you a 4 keener sense of responsibility for government 5 than other people may have had before. You 6 always carried that with you. Even though you 7 didn't wave it like a flag every single time, it 8 was always present in your environmental debate 9 and whatever policy you analyzed, somewhere I'm 10 convinced that was some place in the back of 11 your mind. 12 Having been tempered by that 13 experience, I would have to assume that probably 14 all of your travels back and forth across the 15 state and into districts as far away as up in 16 Senator Wright's district and the Southern Tier 17 and every place else you have been given a 18 similar understanding of the inadequacies of the 19 state transportation system. 20 So it is with good wishes and 21 Godspeed that we send you on your way and tell 22 you that all of us will miss you, and I 23 personally felt a great sense of accomplishment 1 and triumph the day you engaged me in debate 2 during my freshman term, and I barely knew what 3 hit me after you had jumped to your feet and 4 asked Senator Hoffmann to yield for something or 5 other, and as I was leaving the chamber, Gus 6 Bliven patted me on the back and said, "You've 7 really arrived. John Daly debated you today." 8 Good luck, John. 9 ACTING PRESIDENT KUHL: On the 10 confirmation, Senator Velella. 11 SENATOR VELELLA: Mr. President, 12 I, too, am part of that famous or infamous class 13 of 1972 along with Charlie Cook and Dale Volker 14 and myself and John Daly that arrived in the 15 Assembly back in the days when Perry Duryea was 16 the Speaker, and after two years of our 17 distinguished service, managed to lose 18 seats 18 in that house and turn it around to a 19 distinguished minority, but let me say over the 20 years that I have worked with John in both 21 houses -- and I like to refer to our service in 22 the big house, our time that we served there - 23 he certainly has been a colleague who has 1 cooperated fully with his colleagues and 2 certainly never forgotten those people that 3 worked with him. 4 I can say that the best thing and 5 experience in my life was when I had lost in the 6 Assembly and was out of service, was a private 7 citizen for three years, John Daly was the guy 8 that I would call up here when I needed 9 something or when I visited Albany. He was 10 always there to help a former colleague, and all 11 of us are going to be former colleagues some 12 day, whether we like it or not, and certainly we 13 want to hope that those people who follow in our 14 service will be the kinds of Senators or 15 Assembly members that John Daly has always been 16 in remembering his colleagues. Somehow I've got 17 a feeling you're not going to escape us, John, 18 where you're going. I think we're still going 19 to be following you around quite a bit. 20 Good luck, and it's been a 21 pleasure serving with you. 22 ACTING PRESIDENT KUHL: On the 23 confirmation, Senator Skelos. 1 SENATOR SKELOS: Thank you, Mr. 2 President. 3 John, do I have a pothole for 4 you? I want to welcome you now as you become 5 the Transportation Commissioner to Long Island, 6 and we're going to welcome you as part of the 7 Long Island delegation of nine that I know you 8 have wanted to be a part of for so long, and 9 we're reasonable. We're not aggressive in our 10 demands and -- not at all, not at all, but we're 11 delighted for you. 12 You know, John, over the years, 13 we've had sometimes differences, we've agreed 14 with each other, but I have had the utmost 15 respect for you as a man, number one, of course, 16 as a legislator, because you've always been a 17 class act. There's none of this going behind 18 your back that happens so often in politics, 19 it's always been face to face, and when there's 20 been a handshake, it's been a done deal. 21 You have also over the years 22 managed to put together a professional staff, a 23 staff that all of us have emulated, courteous, 1 hard-working. Many of them have moved on to, I 2 don't know, better places, but certainly such as 3 Joe Holland, and I know Lisa Reed and Kate who I 4 have known for so many years, Richard Runes, 5 thank you for having him here for so many 6 years. I know what a mellowing influence he's 7 been on you, but you have always put that 8 professional staff together that serviced your 9 constituents but were also there to service all 10 the members of the Senate when we had requests 11 of you. 12 I know what a bittersweet day 13 this is for you, because I know how much you 14 love the institution of the state Senate, and 15 what a difficult decision it has been for you 16 once the Governor mentioned that he would like 17 to nominate you for this position. We will be 18 seeing probably more of you now throughout the 19 year than we do in your capacity as a Senator. 20 We look forward to working with you as DOT 21 Commissioner and together, we're all going to 22 succeed. 23 Congratulations and God bless 1 you, John. 2 ACTING PRESIDENT DeFRANCISCO: On 3 the confirmation, Senator Seward. 4 SENATOR SEWARD: Thank you, Mr. 5 President. 6 I, too, am honored and pleased to 7 rise in support of this nomination. You know, 8 much has been said this afternoon about the fact 9 that John Daly's debating skills, so eloquently 10 demonstrated so often on this floor, have added 11 to the length of sessions and, John, I think 12 that's a bum rap. In your last debate here this 13 afternoon, you are, in fact, lengthening the 14 time of this session and you haven't said a 15 word, but that is because everyone in this 16 chamber wants an opportunity to rise and pay 17 tribute to you, a tribute that is so richly 18 deserved. 19 John Daly, in my mind, epitomizes 20 the very best of public service. He brings to 21 his responsibilities as a public servant, such 22 energy, such intellect, commitment and 23 dedication, always putting the people first, and 1 I just want to rise to congratulate the Governor 2 on making an outstanding choice as Commissioner 3 of the Department of Transportation and also 4 congratulate John Daly as he assumes these new 5 responsibilities. 6 And, John, I have been very, very 7 proud to call you a colleague. I'm going to be 8 proud to call you Commissioner but, most of all, 9 I am proud to call you friend. 10 ACTING PRESIDENT DeFRANCISCO: On 11 the confirmation, Senator Onorato. 12 SENATOR ONORATO: Thank you, Mr. 13 President. 14 I, too, rise to join my 15 colleagues in dittoing all of the accolades that 16 are so justly deserved. I have heard about all 17 of his expertise and his debating abilities. I 18 would like to tell you the story about when he 19 came back to his old roots in my district where 20 his debating abilities failed him. He stopped 21 in at the Lowery Liquor Stores in Sunnyside, one 22 of his old hangouts, and he went to purchase a 23 little something for the family prior to that 1 evening, and he went to cash a check, and the 2 fellow told him, "I'm sorry, we don't accept 3 checks here." John's highly -- "But I'm Senator 4 Daly." He says, "I live in the neighborhood." 5 He says, "I don't care who you are or where you 6 live, I don't cash checks." He said, "But I'm a 7 good friend of George Onorato." He says, "Why 8 in the hell didn't you say that in the beginning 9 instead of giving me a pedigree?" He cashed the 10 check and gave him a little discount on it. 11 John, it goes to show you that 12 there is certainly life after your leaving 13 Sunnyside. You moved up to Niagara and you did 14 very well for yourself and your family, now 15 rising up to the position of commissioner of 16 highways and the Department of Transportation. 17 I would like to pass on a request from one of 18 your colleagues who now share a district with me 19 in Bayside. The Clearview Expressway on its 20 route to the Whitestone bridge has quite a bit 21 of construction work going on right now and 22 Frank tells me every day that there's always 23 some delays on that thing. 1 So, please, one of your first 2 steps is to look after the Clearview Expressway, 3 get it fixed up and Mr. -- Lowery's Liquor also 4 asked me to please have the bridge from Stanwick 5 leading into Sunnyside so you can visit your 6 relatives a little more easily, get that bridge 7 repaired, but I want to wish you and your family 8 all the very, very best. Those that I wish my 9 family, I wish you and yours and good luck in 10 your new endeavors. 11 ACTING PRESIDENT DeFRANCISCO: On 12 the confirmation, Senator Connor. 13 SENATOR CONNOR: Thank you, Mr. 14 President. 15 I believe I'm closing for the 16 Minority, and I just want to say that I have to 17 congratulate the Governor on his wise selection 18 of John Daly for Commissioner of Transportation. 19 Senator Daly, in earlier years 20 when I -- I think I mellowed. Every new 21 firebrand that comes in on this side of the 22 aisle encounters John Daly. I remember some 23 years ago that debating style with the finger 1 going and the -- and the excitement level and 2 participating in that, and I was sitting here 3 thinking, "Did John Daly mellow or did I?" And 4 I think that maybe I softened up a little bit or 5 moved away from the foray, because certainly 6 John Daly, as evidenced by many people on this 7 side of the aisle -- some have only been here a 8 couple of years -- always jumped to the foray, 9 always stood up for his views and his side of 10 everything. 11 I have always found John Daly to 12 be a delightful colleague, a fun, though 13 contentious adversary on the floor, but off the 14 floor, a perfect gentleman, a good friend, a 15 caring person, whether it be in our Irish 16 American Legislators Society or other endeavors 17 where our paths crossed, and I want to warn 18 John, you haven't heard the last of us. 19 I got a letter today -- I got a 20 long missive from a constituent who is very much 21 concerned about the reconstruction on the 22 Brooklyn-Queens Expressway and the Gowanus, and 23 this and that, about 40 or 50 questions that 1 this constituent wanted me to ask or see that 2 John Daly was asked in the hearings. There were 3 very, very obviously local concerns which I know 4 you will be addressing around the state, but I 5 contacted the constituent and said, "I promise, 6 you know, in the coming months we'll get a 7 chance to address these questions to the new 8 commissioner. Please give him a chance to get 9 in and get organized in the department," and I 10 think we all share that we all have a need in 11 our districts for transportation. We all have 12 ongoing projects that raise questions, and I 13 know you will be open to all of us as you will 14 be a servant of all the people of New York State 15 as you have served the residents of your 16 district these many years, and we will miss you 17 here, John, but I'm sure we won't miss you for 18 long. We'll come looking for you to share some 19 views. 20 So, Mr. President, I am delighted 21 to speak and move in support of this nomination. 22 ACTING PRESIDENT DeFRANCISCO: 23 Senator Skelos. 1 SENATOR SKELOS: Mr. President, 2 prior to Senator Stafford closing, are there any 3 other members that wish to speak at this time? 4 No, no, no, no. 5 ACTING PRESIDENT DeFRANCISCO: 6 Senator Daly. 7 SENATOR DALY: Thank you, Mr. 8 President. 9 SENATOR STAFFORD: Let us close 10 first. Sit down. 11 SENATOR DALY: Excuse me. I'm 12 sorry. 13 SENATOR STAFFORD: My lord. See 14 why he's going to be commissioner? John, you 15 have been in the Assembly - 16 ACTING PRESIDENT DeFRANCISCO: 17 Excuse me, Senator Stafford. 18 SENATOR STAFFORD: -- you've been 19 in the Senate. You have to be up there or there 20 to be confirmed (laughter). It's not for real 21 unless you are, and we do hope that, one thing, 22 while John is Commissioner of DOT he will get 23 around the state and we hope he'll learn to 1 fish. 2 Now, he has cleaned up two of the 3 Great Lakes, one of the great rivers and, as a 4 matter of fact, if there are any more boat 5 launching sites in his area, you could not get 6 into the water without going through a boat 7 launching site, but that's an example of how he 8 has really taken the work for his district 9 seriously. 10 As John asked, we're going to, 11 all of us, co-sponsor a bill whereby the DOT 12 chairman becomes a member of the Power 13 Authority, because John wants to continue to 14 drive the trustees' staff and the chairman crazy 15 as he supports his area and supports, frankly, 16 over in Senator Wright's area and my area. 17 I heard Dale mention about when 18 John ran in a primary for the Assembly. I 19 remember that. There was a gentleman here by 20 the name of Earl Brydges who I served under, and 21 Earl was from the western part of the state, 22 John's area. Now, John may have been running 23 against an incumbent, but there are many of us 1 who think he got a lot of support from some of 2 those who are very much involved out in the 3 western part of the state. Did I say that with 4 enough sensitivity? But I think we understand. 5 I'm sure that we will be 6 communicating after working hours. There's one 7 restaurant here in Albany that is going to have 8 a celebration because John is going to be here 9 full time, and they can see that that's going to 10 triple their business which is -- which is just 11 tremendous. 12 And finally, true stories are 13 always the best. I walked into the -- walked 14 into the coffee room one day and John was 15 debating, and a person with a very serious look 16 on his face said, "You know, John Daly is 17 getting over his shyness", and I never heard a 18 better laugh in there. The place was packed. 19 But again, on a serious note, 20 everything that has been said here, I just 21 endorse. Yes, John has not been shy, he will 22 not be shy. He will assert himself when he has 23 to as he has here, in his new position, and has 1 been mentioned, the people of the state of New 2 York are better for it. 3 John? 4 ACTING PRESIDENT DeFRANCISCO: 5 Senator Skelos. 6 SENATOR SKELOS: Yes, Mr. 7 President. I know it's a bit unusual, but with 8 the consent of the Minority and certainly since 9 technically he's still a member of the Senate 10 because we have not voted on the confirmation, 11 would you please recognize our esteemed 12 colleague, Senator John Daly. 13 ACTING PRESIDENT DeFRANCISCO: 14 Senator Daly. 15 SENATOR DALY: Thank you, Mr. 16 President. 17 I don't know who you have been 18 talking about, but I want to meet him. After 19 listening to the kind words, I want to suggest 20 to all of you that you vote no on the confirma 21 tion. I don't think I want to leave now -- no. 22 This is -- Bobby -- Bob DiCarlo, 23 I appreciate your words, and your father, of 1 course, a dear friend of mine. I'll repeat to 2 you what I have said to many of my other 3 colleagues and to you too, I think. If you have 4 a pothole in your district that you want fixed, 5 you lay down on it and I'll cover it 6 (laughter). 7 This is a sad but happy day. I'm 8 going on to other things. I'm jumping out of 9 this tree and swinging on a new one come 10 tomorrow, and I'm honored certainly by the 11 confidence that the Governor has placed in me, 12 and I certainly am thankful of the confidence 13 that you have placed in me, and I assure you 14 that I will strive constantly as a matter of 15 trust, because this is -- this is a big trust, 16 one that I take quite seriously, and I'm going 17 to try like hell never to disappoint you. You 18 have my word. 19 But to say I will miss you all is 20 an understatement. It will not be easy. It 21 will not be easy to give up hearing Franz 22 Leichter lay my bills aside, all of them -- I 23 don't think he missed one in 16 years -- and 1 then proceeding to a long debate which 2 invariably I won, of course (laughter). 3 It's not going to be easy to give 4 up walking into the chambers every afternoon and 5 Charlie Cook looks at me and says, "Gee, that's 6 a nice suit you got on. Who wears it when it's 7 clean?" (Laughter) 8 It's not going to be easy -- easy 9 leaving, to give up sitting between the 10 Katzenjammer Kids -- the Katzenjammers, Otto and 11 Fritz (laughter). How to feed them candy, how 12 to -- on an hourly basis, they have a schedule, 13 chocolate at 3:00 o'clock and mints at 4:00 14 o'clock, and now I'm going to distribute through 15 equal distribution, the wealth I have left here, 16 two Riopan Pluses, one for you and one for you 17 (laughter). I feel I won't need them any -- for 18 long. 19 And, you know, it's not going to 20 be easy either to leave -- to leave -- to give 21 up walking in every other day or every day and 22 seeing Dale Volker, and he says to me, Quo 23 usque, John, abutere patientia nostra? I had to 1 leave you with one, you know that. 2 Now, I always thought that was a 3 Latin prayer, you know, saying "God bless you, 4 John. It's nice to have you here", and I found 5 out just recently that means "For how long, Oh, 6 Daly, will you abuse our patience?" Well, Dale, 7 the answer is here today. 8 And, you know, it's not easy to 9 give up listening to Rick Dollinger, hour after 10 hour after hour -- oh, what fun, Rick. I have 11 appreciated our conversations, our dialogue 12 across the room and, you know, it's not easy 13 giving up being called anti-woman on Monday, 14 anti-child on Tuesday, anti-indian on Wednesday, 15 particularly if you're masochistic, but all of 16 these things I will be leaving, I will not be 17 forgetting. 18 I think it was W.C. Fields that 19 said, "There comes a time in the affairs of men 20 when one must take the bull by the tail and face 21 the situation." (Laughter) Now, I'll let you 22 decide whether I'm leaving the situation or 23 entering it. I just hope that if I'm leaving 1 it, I don't end up on the horns or some other 2 sensitive part of the bull but, my colleagues, 3 the 16 years has -- have been years that I will 4 not forget. You have left me -- you have left 5 me with memories -- a golden bag of memories, 6 and I know that, as I go from here, each night I 7 can reach down and pick up one of those golden 8 memories and I can go for the rest of my life, 9 no matter how long I live, and there will always 10 be an additional memory in that bag. 11 You have been good friends. You 12 have been challenging opponents and what's nice 13 about the house is you walk out here, it's like 14 going on a basketball -- you're going to tear 15 them apart, right, Franz, Manny; you go at it. 16 Then you walk in there and you look at each 17 other and you laugh, and the friendship is 18 something I will always, always treasure. 19 I want to thank you for that, 20 particularly. I want to thank you for what I 21 have learned, and I have mellowed, Mr. Minority 22 Leader, I hope I have. I think I have, and 23 frankly, if I have, it's because primarily of my 1 friends in this house and what you've taught 2 me. I thank you for that. I thank you for the 3 learning experience, the laughs, the humor and 4 we all know that, if you don't have a sense of 5 humor, you're not going to stay in our business 6 very long, and if you're sitting next to Maltese 7 and Holland, boy, you develop one hell of a 8 sense of humor (laughter). 9 I guess in conclusion -- let me 10 first of all apologize to my fellow nominees. 11 I'm sorry that we've kept you waiting so long, 12 but I'll tell you, frankly, I am very proud and 13 will never forget what I heard today because I 14 do know -- I do know that it has come from the 15 heart, and I feel pretty humble about it. 16 I guess you can say that I can 17 take myself out of the Senate, but I'll never 18 take the Senate out of my heart, and I have to 19 leave you with, of course, a little Shakespear 20 ean sonnet that goes -- no. Well, I have never 21 been shy, someone said, and I'll get through 22 it. "Thy gifts, thy tables are in my mind full 23 of character and lasting memory which shall 1 above the idle rank remain beyond all date." 2 Love you, and let me say one more 3 thing before -- I'm sorry -- I'm sorry, I almost 4 did it. Thank God. How could I forget my 5 staff? How could I forget my staff? And 6 they're all seated over here, and I almost blew 7 it, kids, and I would never have forgiven myself 8 if I did it, and so you will pardon me. 9 I have been blessed with great 10 staff and, Dean, I particularly appreciate you 11 bringing up that fact, but then again, you've 12 got to realize the great wisdom and exceptional 13 judgment of the one who picked them. But to all 14 of you, you know I love you, always will. You 15 have been a true experience that I will never 16 forget. I thank you for all you have done for 17 me. I think it's adios to God. Thank you all. 18 If you've got a pothole, give a call. 19 Thank you. 20 (Applause) 21 ACTING PRESIDENT DeFRANCISCO: 22 The question is on the confirmation of the 23 Honorable John B. Daly as Commissioner of 1 Transportation. All those in favor signify by 2 saying aye. 3 (Response of "Aye".) 4 Opposed, nay. 5 (There was no response.) 6 The ayes have it. I am proud to 7 announce on behalf of Senator Bruno and this 8 entire body that John B. Daly is hereby 9 confirmed as Commissioner of Transportation. 10 Congratulations. 11 (Applause) 12 SENATOR SKELOS: Mr. President, 13 would you recognize Senator Goodman, please. 14 ACTING PRESIDENT DeFRANCISCO: 15 Senator Goodman. 16 SENATOR GOODMAN: With the 17 consent of the Majority Leader, may I please be 18 recorded in the negative on Calendar Number 27 19 voted earlier today? 20 ACTING PRESIDENT DeFRANCISCO: 21 Without objection, so ordered. 22 SENATOR SKELOS: Would you 23 recognize Senator Montgomery, please. 1 ACTING PRESIDENT DeFRANCISCO: 2 Senator Montgomery. 3 SENATOR MONTGOMERY: Thank you, 4 Mr. President. 5 Mr. President, I would like 6 unanimous consent to be recorded in the negative 7 on Calendar Number 27. 8 ACTING PRESIDENT DeFRANCISCO: 9 Without objection - 10 SENATOR MONTGOMERY: Thank you. 11 ACTING PRESIDENT DeFRANCISCO: - 12 so ordered. The Secretary will read. 13 THE SECRETARY: Senator Stafford, 14 from the Committee on Finance, reports the 15 nomination of George L. Sanchez of the Bronx as 16 state Director of Probation and Correctional 17 Alternatives. 18 SENATOR STAFFORD: Mr. President. 19 ACTING PRESIDENT DeFRANCISCO: 20 Senator Stafford. 21 SENATOR SKELOS: Would you please 22 recognize Senator Nozzolio. 23 ACTING PRESIDENT DeFRANCISCO: 1 Senator Nozzolio. 2 SENATOR NOZZOLIO: Thank you, Mr. 3 President. 4 I rise as member of the Senate 5 Committee on Crime and Corrections to put in 6 nomination George L. Sanchez, as state Director 7 of Probation and Correctional Alternatives. 8 Mr. Sanchez came before our 9 committee with a very managerial and 10 administrative background and a broad variety of 11 experience in criminal justice matters. Madam 12 President, he impressed members of the committee 13 with his knowledge and sincerity and that, I 14 believe, as members of the committee believe, he 15 will be an excellent nominee -- is an excellent 16 nominee and will serve with distinction in this 17 very important component of the criminal justice 18 system. 19 I ask, Madam President, if I may 20 yield to George Sanchez' sponsor, Senator Guy 21 Velella. 22 SENATOR VELELLA: Madam 23 President, it gives me great pride today to rise 1 and support the nomination of George L. 2 Sanchez. His outstanding academic credentials, 3 having a Master's of Science in criminal justice 4 and his combination of work in the police 5 department of the city of New York as a deputy 6 commissioner, recruiting people from across that 7 whole city, making sure that the department was 8 running smoothly, his experience as an 9 administrator for the federal government and for 10 programs both on a federal, state and city 11 level, make him extremely qualified to fill this 12 role. 13 He will be looking at the 14 programs that will provide alternatives for 15 incarceration and alternatives to the present 16 system so that we may implement our Governor's 17 plan of keeping violent felons in the prison 18 system. 19 I know that George will be doing 20 an excellent job in that. I know he's joined 21 here today by his wife Minerva, his daughter 22 Christina and his son Marco and, George, we in 23 the Bronx are proud of you. You will make the 1 entire state proud of you. 2 Thank you, and I move the 3 nomination. 4 THE PRESIDENT: Senator Mendez. 5 SENATOR MENDEZ: Madam President, 6 I, too, rise to second the nomination of George 7 Sanchez for the position of state Director of 8 Probation and Correctional Alternatives. 9 We feel that he's highly 10 qualified for that position. We appreciate 11 Governor Pataki remembering the Puerto Rican 12 community. George Sanchez happens to be an 13 individual held in very high esteem in the 14 Puerto Rican and the Hispanic community. He has 15 the affection and the admiration of all of us. 16 He has been a personal friend of mine for the 17 past 20, 25 years and we're very proud of him, 18 and we congratulate the Governor for this 19 appointment. 20 Thank you, Madam President. 21 THE PRESIDENT: Thank you. 22 Senator Gonzalez. 23 SENATOR GONZALEZ: Thank you, 1 Madam President. 2 I, too, rise to second the 3 nomination of George L. Sanchez for state 4 Director of Probation and Correctional 5 Alternatives. 6 He's -- as Senator Velella has 7 stated, he's a Bronxite. I, too, have known him 8 for over 25 years. We in the Puerto Rican 9 Latino community have high regards for him as 10 his work in the police department, in the United 11 States government and in his community 12 throughout the city and the state of New York. 13 So I think that -- I commend 14 Governor Pataki for this nomination and I 15 commend George Sanchez, and his wife and 16 children, and I know that also his daughter has 17 shared in terms of school with my daughter, and 18 I think that I'm very proud that he is to be our 19 Director of Probation and Correctional 20 Alternatives. 21 Thank you and may Godspeed on 22 him. 23 THE PRESIDENT: Thank you, 1 Senator Gonzalez. 2 Senator Espada. 3 SENATOR ESPADA: Thank you, Madam 4 President. 5 To Minerva, to Christina and to 6 Marco, they are all my constituents as is the 7 nominee, and it's with great pride and pleasure 8 that I also second the nomination. 9 George Sanchez does have all the 10 requisite skills. He has the right temperament 11 for this position, but this is a very timely 12 appointment because Mr. Sanchez comes at a time 13 when the Governor has announced that he wants to 14 free up cell space, to really keep violent 15 felons in our prison system and give hope, 16 support and renewed opportunity to others that 17 perhaps had no choice but to be sentenced to 18 long, long terms, and now George Sanchez will be 19 the embodiment of the Governor's mandate in 20 leading this change. We applaud that strategy 21 and we applaud this nomination. 22 Thank you. 23 THE PRESIDENT: Thank you. 1 Senator Volker. 2 SENATOR VOLKER: I, too, would 3 like to give my endorsement to George Sanchez 4 who I have known for a number of years and, in 5 fact, replenished my friendship with him on the 6 Pataki transition team. He has a long interest 7 in law enforcement and knowledge as a person who 8 is part of the New York City Police Department. 9 I know of his interests in the area of probation 10 and alternatives, and I have great confidence 11 that he will fulfill all the requirements that 12 the Governor set for the head of the Probation 13 Department. 14 I expect to say to you, George, I 15 wish you the very best. It's not going to be 16 the easiest of times, but I know you're up to 17 handling it, so God bless you and good luck. 18 THE PRESIDENT: Are there any 19 other Senators who wish to be heard on the 20 nomination? 21 (There was no response.) 22 The question is on the 23 confirmation of George L. Sanchez as state 1 Director of Probation and Correctional 2 Alternatives. All in favor signify by saying 3 aye. 4 (Response of "Aye".) 5 Those opposed by saying nay. 6 (There was no response.) 7 George L. Sanchez is hereby 8 confirmed as state Director of Probation and 9 Correctional Alternatives. 10 (Applause) 11 The Secretary will read, please. 12 THE SECRETARY: Senator Stafford, 13 from the Committee on Finance, reports the 14 nomination of Michael H. Urbach of Albany as 15 Commissioner of Taxation and Finance. 16 THE PRESIDENT: I would like to 17 recognize Senator Hoblock to move the 18 nomination. 19 SENATOR HOBLOCK: Thank you, 20 Madam President. 21 It gives me great pleasure to 22 rise to offer the nomination of Michael H. 23 Urbach to serve as Commissioner of the New York 1 State Department of Taxation and Finance. 2 Mike has patiently been waiting 3 in the gallery with members of his family, 4 including his son Mark, his sister Cindy and her 5 son Ken. You know, it was said during the 6 nomination and confirmation of John Daly that 7 it's a bittersweet experience, and the same can 8 be said for Mike Urbach. 9 The good news is that I have the 10 pleasure of seeing one of my constituents being 11 selected for a very important position in the 12 new administration. The bad news is that I 13 wonder if Mike Urbach realizes and understands 14 that the real reason for Governor Pataki 15 appointing a Democrat to this important position 16 is that he's going to eliminate the Tax 17 Department in tomorrow's budget. 18 But if the truth be known, Mike 19 Urbach is representative of why the Pataki 20 administration will succeed in its quest to 21 reduce taxes and the size of government, but 22 Governor Pataki realizes and does realize that 23 his election was not the result of just 1 Republicans and Conservatives turning out in 2 droves to defeat the incumbent, but rather our 3 Governor knows that it took people from all 4 political persuasions looking for a new 5 direction and new leadership who elected him. 6 Mike Urbach is a local 7 businessman, a man who is -- comes from 8 impeccable credentials, standing in the 9 community, has had considerable success at his 10 profession of accounting and finance. He has 11 taken his success and personal attributes and 12 has returned a great deal to the community as 13 experienced by his membership, his directorships 14 and his leadership in many civic and charitable 15 endeavors, and he is well-known in the community 16 for returning the many talents that he has, and 17 he is one of those that came forward in 1994 and 18 looked at the situation in New York State, the 19 state that he loves and many other people love, 20 and he helped bring about the impressive change 21 that we experienced in 1994, and now as the time 22 comes to lead this state forward, Governor 23 Pataki turned to an individual who he felt could 1 make this very important department, Tax and 2 Finance, a real taxpayer-friendly place. 3 Mike Urbach will be a symbol of 4 the Pataki administration's desire to work in a 5 bipartisan manner to bring this state back on 6 the road to recovery. The Tax Department is a 7 very important department and its commissioner 8 ship is a very important post as well, but I'm 9 sure it can often be an unpleasant task, admin 10 istering tax laws and collecting tax revenues. 11 Mike Urbach will be on the hot seat, but I'm 12 sure he will rise to the occasion, and he will 13 by having the opportunity to bring real change 14 to a department that touches each and every one 15 of us here and in so many ways touchs each and 16 every person in this state. 17 I want to congratulate the 18 Governor on making this fine selection. I think 19 it's a wise choice, and I wish Mike much luck, 20 Godspeed, and I ask all of my colleagues to join 21 me in supporting this nomination, the nomination 22 of Michael H. Urbach as Commissioner of the New 23 York State Department of Tax and Finance. 1 Thank you. 2 THE PRESIDENT: Thank you, 3 Senator Hoblock. 4 Senator Markowitz. 5 SENATOR MARKOWITZ: Thank you 6 very much. 7 I want to say a couple weeks ago 8 over another nominee of the Governor, I had some 9 questions, although I voted for confirmation on 10 this nomination. There's no question that Mr. 11 Urbach is exceedingly qualified, and I must say 12 that I was extremely impressed during our 13 meeting with Senator Goodman, at his answers, 14 his total knowledge of taxation here in the 15 state of New York. One look at his resume and 16 his community activities indicates that this is 17 someone, even if you met for the first time as I 18 did just last week, you get the immediate 19 feeling that you have known him all your life, 20 and so to me, I think Mr. Urbach is an 21 extraordinary mensch. For those of you who 22 don't understand my Irish, let me just say that 23 he is a gentleman that will bring, in my 1 opinion, great honor and a new height of 2 effectiveness to the state Department of 3 Taxation, and I am eager to begin working with 4 him, not only to ensure that the department will 5 be the -- will be run properly, but equally, 6 even more important, his assurance to me that we 7 are going to go after every penny that's out 8 there to make sure that all those tax cheats 9 that are ripping this state off day after day - 10 day after day, that, if we collected all the 11 taxes that we should be collecting legally 12 without raising additional taxes at all, if we 13 collected in all that money that people should 14 be paying the state, believe me, we would be 15 able to meet the objectives of the Republican 16 Party and still take care of all of the social 17 needs in the state of New York. 18 Bravo and good luck. 19 THE PRESIDENT: Are there any 20 other Senators who wish to be heard on the 21 nomination? 22 SENATOR STAFFORD: Very briefly, 23 Madam President. 1 I remember well when Mike joined 2 with his partners in forming the firm. They 3 represented clients from the Capital District 4 south and north all the way to the Canadian 5 border which, of course, includes my area. He 6 and his partners have done an outstanding job. 7 They're professional. They really get to the 8 heart, the problems, get them solved, and I know 9 Mike will be doing that as the Tax Commissioner. 10 THE PRESIDENT: Thank you. 11 The question is on the confirma 12 tion of Michael H. Urbach as Commissioner of 13 Taxation and Finance. All those in favor 14 signify by saying aye. 15 (Response of "Aye".) 16 Those opposed, nay. 17 (There was no response.) 18 The ayes have it. Michael H. 19 Urbach is hereby confirmed as Commissioner of 20 Taxation and Finance. 21 (Applause) 22 SENATOR SKELOS: Madam President, 23 before we move on to the next confirmation, 1 would you recognize Senator Nanula, please. 2 THE PRESIDENT: Senator Nanula. 3 SENATOR NANULA: Thank you, Madam 4 President. 5 I would ask unanimous consent to 6 be recorded in the negative on Calendar Number 7 27. 8 THE PRESIDENT: Without 9 objection. 10 Senator Levy. 11 SENATOR LEVY: Yes, Madam 12 President. Negative on Calendar Number 27, 13 please. 14 THE PRESIDENT: Without 15 objection. 16 SENATOR NANULA: Thank you. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, reports the 21 nomination of Barbara Ann DeBuono, M.D., of Rye 22 Brook, as Commissioner of Health. 23 THE PRESIDENT: I would like to 1 recognize Senator Hannon to move the 2 nomination. 3 SENATOR HANNON: Madam President, 4 I rise to move the nomin... the confirmation of 5 the nomination of Barbara Ann DeBuono to be 6 Commissioner of Health of the state of New 7 York. 8 The commissioner-to-be has 9 received the approval of the Health Committee 10 this morning and of the Finance Committee this 11 afternoon. She appeared for two hours at the 12 meeting of the committee this morning and for an 13 hour at the Finance Committee, I think answering 14 quite in depth the large number of questions 15 that were posed to her. 16 She is an especially well 17 qualified individual who was educated at the 18 University of Rochester where she gained both 19 Bachelor's and her medical degrees, did her 20 post-graduate training at New England Deaconess 21 Hospital, along with a fellowship in infectious 22 diseases at the Brown University Medical School 23 and also gained a Master's degree in public 1 health at Harvard University. 2 She began her career in the field 3 of public health as a medical epidemiologist in 4 the Division of Disease Control in Rhode Island, 5 became the state epidemiologist soon thereafter 6 and directed the Office of Disease Control 7 beginning in October of 1986. 8 During the course of that time, 9 she helped develop Rhode Island's sentinel 10 breast cancer screening program, a cervical 11 cancer screening program for low income and 12 minority women, built the department's first 13 AIDS unit and opened the first comprehensive HIV 14 clinic at an adult correctional facility in 15 Rhode Island. 16 Susan -- excuse me. 17 THE PRESIDENT: Order, please. 18 SENATOR HANNON: (Cont'g) She 19 serves as a clinical associate professor of 20 medicine at Brown University's Medical School 21 and is also on the medical staffs of the 22 infectious diseases division of Rhode Island 23 Hospital and the Roger Williams Hospital. 1 She told us during the course of 2 the number of responses to the questions that 3 were posed to her about her work in the area of 4 minority health, primary care, school health 5 education and service delivery. She also 6 explained in detail her work as co-architect of 7 the Rhode Island Right Care Program, a managed 8 care Medicaid program which was based on a 9 competitive selection process to serve Rhode 10 Island's AFDC population, low income women and 11 children under the age of six. 12 I can go on and on, but it is 13 fair to say that, under the long hours of 14 questioning by members of the Health Committee 15 and members of the Finance Committee, that I 16 think we have been very impressed with the 17 degree of knowledge that she would bring to the 18 office as Commissioner of Health, the expertise 19 and the judgment that she would lend to the many 20 difficult problems that confront us as 21 legislators and as a society. Certainly, we 22 know that, as we go through an era of cost 23 containment, that we cannot have all of the 1 things we want in any one program, especially in 2 the various and multitudinous programs we have 3 in the health system of this state, but I think 4 that, with the wise judgment that she has shown 5 in responding to the number of questions and 6 responding to the budget challenges in the state 7 where she currently serves, facing a budget that 8 has decreased each year she has been director, 9 that this is precisely the type of individual 10 that we need to lead us over the next several 11 years. 12 Madam President, I would move the 13 confirmation. 14 THE PRESIDENT: Thank you, 15 Senator Hannon. 16 Senator Tully. 17 SENATOR TULLY: Thank you, Madam 18 President, my colleagues. 19 I never had the great pleasure of 20 meeting our nominee before today's Finance 21 Committee meeting, but her reputation certainly 22 precedes her. She is known as a no-nonsense, 23 hands-on, caring and dedicated and intelligent 1 professional. In the way she conducted herself 2 today at the Finance Committee meeting at which 3 some of my colleagues passed and posed some very 4 interesting questions for her, she demonstrated 5 that she does have the background and the skills 6 to deal with the difficult times that we have in 7 the health care field ahead of us in this 8 state. I am certain that she will do a very 9 fine, excellent job for those we represent, and 10 I commend our Governor on selecting such a very 11 fine nominee. 12 THE PRESIDENT: Thank you, 13 Senator Tully. 14 Senator Espada. 15 SENATOR ESPADA: Thank you, Madam 16 President. 17 This is a grand slam day for the 18 Governor and for this institution. All winners 19 today. This being a culminating moment in this 20 particular day, it is fitting that we end it 21 this way with this type of an appointment. 22 This is a person that, while I 23 was reviewing her background, I was struck by 1 the similarities in the conditions that she 2 inherited in Rhode Island and what she did with 3 adversity. She met adversity with true 4 leadership. She saw an austerity budget in 5 place and she introduced her creativity, her 6 sense of fairness in working with and 7 establishing a minority health agency in that 8 state, and she is not just a person that knows 9 the buzz words of health care and public 10 health. She knows managed care. She knows that 11 managed care is no panacea for the problems that 12 we face because, if we are to get results out of 13 our health care system, we can't just do it 14 through cost cutting, we have to do it through a 15 combination of cost savings, reinvestment and 16 creating more opportunity for people to get 17 quality health care, accessible health care to 18 all of the populations, particularly those 19 populations that are most vulnerable, our senior 20 citizens, the childrens -- the children in our 21 clinics and in our schools. She understands all 22 of this, and it is because of this that I 23 endorse her wholeheartedly. 1 Thank you very much. 2 THE PRESIDENT: Thank you, 3 Senator Espada. 4 Senator Dollinger. 5 SENATOR DOLLINGER: Thank you, 6 Madam President. 7 I rise to speak in strong support 8 of this nominee, a graduate of a tremendously 9 fine institution in the heart of the 54th Senate 10 District in the University of Rochester, but I 11 want to assure my colleagues that I do this with 12 some reasoned basis. Much as I stood here two 13 weeks ago and looked at a little book which said 14 "Labor", I now look at one that says "Public 15 Health", and I look at the qualifications of a 16 Health Commissioner as defined by the people of 17 this state through this Legislature, and it says 18 "The commissioner should be a physician, a 19 graduate of an incorporated medical college --" 20 such as the University of Rochester "-- have at 21 least ten years' experience in the actual 22 practice of --" and I guess we need a gender 23 change. I would suggest -- it says in the 1 statute "of his profession". I think we have to 2 cross out the "his" and put "in his or her 3 profession", "-- and the skill and experience in 4 public duties and sanitary science." 5 It also includes in Section 206 a 6 general list of the powers of the commissioner 7 and the description of the commissioner's duties 8 and, frankly, based on this commissioner's 9 answers during the two-hour session before the 10 Health Committee with Senator Hannon in the 11 Chair, I think she has demonstrated that she 12 meets these criteria and these qualifications, 13 if not exceeding them to the benefit of the 14 people of this state. So we have an extremely 15 qualified and competent physician to run the New 16 York State Health Department. 17 But I would be remiss if I didn't 18 mention two other issues, one of which is, 19 frankly, something that I have been in 20 discussions with our Governor who forwards this 21 nomination, and that is the issue of access to 22 information regarding all nominees, all the 23 nominees that were put forward today. It seems 1 to me that we have to come up with a better 2 process for the disclosure of information that's 3 in the possession of the Executive Branch, to 4 members of this body that are interested. 5 I am assured, and I have strong 6 belief that any review of this candidate's 7 information, either a BCI report, a financial 8 report, in the hands of the second floor would 9 demonstrate that this candidate has no potential 10 conflicts, has no potential problems, and I 11 wouldn't want anyone to suggest that with 12 respect to this nominee there is such an issue, 13 but the issue of access to information under our 14 power of advice and consent to the second floor, 15 it seems to me that we owe it to ourselves to 16 have a better procedure for gaining access to 17 that information. 18 As I've said, I have had 19 discussions with representatives of the second 20 floor. I'm disappointed that information was 21 not made available. I will continue to push for 22 the disclosure of that information to selected 23 representatives of this body, and that that 1 power of advice and consent not be delegated 2 simply to staff, but it is a power vested in 3 members, it should be exercised by members. My 4 hope is that there will be continuing 5 discussions with the second floor about access 6 to information about all nominees. 7 The other issue that I'm driven 8 to discuss really involves a little history, and 9 I think an important piece of history that we 10 just need to remind ourselves about. Several 11 years ago when Governor Cuomo nominated Mark 12 Chassin to be the Commissioner of Health, he 13 proposed that the financing of the commission 14 er's salary be done exactly the same way that 15 this Governor has proposed that it be done, 16 through the payment of the amount of salary 17 designated by statute and by making him the 18 president of the Health Research Organization in 19 the Department of Health. 20 At that time, frankly, my 21 colleagues on the other side of the aisle had 22 raised a hue and cry about this public salary. 23 There was a suggestion that we were, quote, 1 "enhancing the salary of the commissioner 2 beyond the statutory amount." There was a 3 suggestion that it was a conflict of interest to 4 put the Commissioner of Health in a position of 5 running this not-for-profit corporation and, at 6 the same time, performing the duties of the 7 Commissioner of Health. I have reviewed all the 8 transcripts. I have reviewed the discussion 9 that occurred at that time and, frankly, I don't 10 think it made any sense then and it certainly 11 doesn't make any sense now. 12 I think what happened, quite 13 frankly, is that some people decided to play 14 politics with the salaries that were paid to 15 public officials. I think the unfortunate 16 consequence of that is we've all become somewhat 17 predatory in the way we view what we pay public 18 officials of all ranks, not only commissioners, 19 but elected officials. No wonder the public has 20 such a poor view of what we're paid as 21 legislators when we play politics with what we 22 pay highly qualified and highly competent public 23 servants such as the public servant that we have 1 before us today. 2 It seems to me that that whole 3 process two years ago was politically motivated 4 perhaps to embarrass a Governor, perhaps to 5 embarrass a candidate. I don't think it was 6 warranted then and it certainly shouldn't be a 7 part of our discussion today, but I would be 8 remiss if I didn't point out that perhaps one of 9 the reasons why public officials are held in 10 such low esteem is because we have all beaten up 11 each other on the issue of what we're paid. 12 In closing, Mr. President, I do 13 have one small criticism of this nominee. I 14 hope she'll take it in the spirit in which it's 15 offered. She kept talking about Rhode Island 16 and she would say "we in Rhode Island", and 17 while I would welcome Dr. Barbara DeBuono to the 18 position of Commissioner of Health, my hope is, 19 Doctor, that you will begin to use "we" in the 20 New York sense, that "we in New York", that you 21 as our Commissioner of Health, that we will work 22 together to provide the best health care system 23 for the people in this state. 1 I would close with one final 2 comment. Please come back to Rochester, come 3 back, take a look at our system of managed care, 4 our system of managed competition, of community 5 rating and all the tremendous benefits that your 6 academic institution, in combination with our 7 public institutions and our private institu 8 tions, have brought to the health care system in 9 Rochester. I think our system is one that can 10 be duplicated elsewhere in this state to the 11 benefit of everyone by controlling costs and 12 providing high quality care. 13 I welcome you to this position. 14 I think you're entitled to the salary that the 15 Governor wants to pay you. I support the 16 payment of that salary, and I support you in 17 your new position as the New York State Health 18 Commissioner. 19 Godspeed. 20 THE PRESIDENT: Thank you. 21 Senator Jones. 22 SENATOR JONES: I feel the need 23 to speak about this for a couple of reasons. 1 I've only had two opportunities to interact with 2 Dr. DeBuono, but I was so singularly impressed 3 with the person that I felt I needed to say 4 something about it. 5 Not many people back home the 6 last two years that I've been here, not many 7 have jumped out and expressed to me as did Dr. 8 DeBuono to me today. Maybe because we, as 9 politicians, spend our lives dancing around 10 issues and worrying whether we say the wrong 11 thing to the wrong person, what the consequences 12 are. 13 I saw a person today who stood up 14 to some of the most intense questioning that 15 really has occurred here, and not once did she 16 change herself or back down or in any way say 17 anything different than what she clearly stood 18 for, and I was truly impressed by that, and I 19 can't believe that we could have picked a better 20 person for this job and, as I say, maybe I'm 21 prejudiced being a woman or maybe it's because 22 of her alma mater, but I think we clearly have 23 found the best person for Commissioner of 1 Health. 2 THE PRESIDENT: Thank you. 3 Senator Markowitz. 4 SENATOR MARKOWITZ: Thank you, 5 Madam President. 6 I must say meeting our candidate, 7 the Governor again has put forward a qualified 8 candidate for the position, and in meeting our 9 commissioner-to-be, I must say that I was 10 extremely impressed and kind of flattered that 11 she is willing to take what I believe is perhaps 12 one of the most difficult jobs in this state: 13 How to do more with less; how to fight for the 14 health needs of all the people of our state; and 15 so I want to say to our commissioner that her 16 job will be to represent the Governor for sure, 17 but also to represent the consumers of health 18 care in this state, and that is to be an 19 advocate for their needs and to fight to the 20 best of her ability with her allies here in the 21 Legislature to make sure, even in these days of 22 doing less with less, that somehow when it comes 23 to health, that that is the top priority of this 1 state to ensure the health and safety of all the 2 residents of our state. 3 Lastly, as I said in the commit 4 tee, anyone that is willing to leave beautiful 5 Newport for scenic Albany is certainly someone 6 that is worthy of our enthusiastic support, so I 7 wish you much luck in your very, very 8 challenging position, but looking at your 9 background, listening to your responses and the 10 sense that I get about you, I think you're going 11 to do superbly. 12 THE PRESIDENT: Thank you. 13 Senator Montgomery. 14 SENATOR MONTGOMERY: Thank you, 15 Madam President. 16 I, too, rise to congratulate the 17 Governor on his appointments today, the ones 18 that we are confirming. Senator Daly, a 19 seasoned person who has been experienced in 20 government as well as an experienced business 21 person and who has crafted, in fact, a lot of 22 the legislation around housing to make it 23 possible for us to provide affordable housing to 1 citizens in this state. 2 And the nomination and appoint 3 ment of Mr. Sanchez to look at correctional 4 alternatives. In particular I think that 5 obviously if you're spending $9 million every 24 6 hours on our prison system in this state, we 7 need Mr. Sanchez at this time and it's so good 8 to see that the Governor has selected someone 9 who has that background and experience. 10 And Mr. Urbach, Commissioner 11 Urbach now, who will hopefully collect money and 12 collect taxes from all of those of us who should 13 be paying taxes. 14 But I want to just say in 15 particular Dr. DeBuono, who comes from us from 16 our -- from a small neighboring state but who 17 has presented herself with not only the 18 credentials but the background and the 19 experience and, as she answered questions, I 20 have a feeling that there is a real sense of 21 understanding and commitment to dealing with 22 health in the state of New York in a way that we 23 are in such desperate need. 1 She brings to us, I believe, the 2 kind of leadership that is needed. This is a 3 very complex issue, but it's also very 4 controversial, and people who we absolutely are 5 so concerned about the -- the explosion of AIDS 6 cases and the shifting of AIDS, the AIDS 7 epidemic from one population to the other, it is 8 sort of moving like waves through our society, 9 but yet, Dr. DeBuono, as you and I know, it's 10 very difficult to move issues like making sure 11 that we have access to prevention as it relates 12 to AIDS, access to health care for teens in this 13 state, information, sex education, health 14 education, information for young people to know 15 how to save their lives. It's been very 16 difficult, Dr. DeBuono, to move those issues 17 locally and at the level of the state, and we 18 have not had the kind of leadership to do what 19 you did today, and that is stand up and say 20 something about it as the chief health officer 21 in the state. 22 So I look forward to working with 23 you. I think we're all committed to what you're 1 committed to, and I am just absolutely proud and 2 thankful that the Governor has sent us such a 3 person as you, as health commissioner. You are 4 extremely important to us at this point in time 5 in this state, so I welcome you and congratulate 6 you and certainly am happy to have you and 7 support your nomination. 8 THE PRESIDENT: Thank you. 9 Senator Hoffmann. 10 SENATOR HOFFMANN: Thank you, 11 Madam President. 12 I would first like to thank 13 Senator Hannon as to be so kind as to have a 14 reception yesterday in his office, an 15 opportunity for members of the Health Committee 16 and the Finance Committee to meet briefly and 17 informally with Dr. DeBuono prior to the 18 confirmation process and prior to the Finance 19 Committee. That type of opportunity is one that 20 we should take advantage of more often because 21 it gives us a chance in a more comfortable 22 office, a more comfortable surrounding -- and 23 it's a very comfortable office that you have, 1 Senator Hannon, very nicely furnished and nicely 2 decorated with photographs taken by the good 3 Senator himself, with a Nikon, I might add - 4 and in that very pleasant surrounding, I was 5 privileged to exchange a few comments with Dr. 6 DeBuono, and I hesitated to put her too directly 7 on the spot, but I was extremely delighted when 8 I raised the issue with her about prison health 9 care. 10 Some of you will remember several 11 years ago, I appointed a special advisory 12 committee, a special task force of sorts to 13 address the problem in the Mohawk Valley in 14 particular and in the Syracuse area caused by 15 inmates in area prisons suddenly appearing at 16 emergency rooms with tuberculosis and AIDS 17 frequently undiagnosed at any point in the 18 development of those two diseases. 19 The sense of panic that was 20 sweeping the medical community and affecting the 21 hospital staffing in that area, it was something 22 that would be very difficult to exaggerate today 23 but suffice it to say it was considerable. 1 As a result of that task force, 2 many members of the medical community had their 3 opportunity to voice concerns and indicate how 4 they would like to see this issue addressed by 5 the Department of Health in particular and by 6 the Department of Corrections, and when I raised 7 the issue with Dr. DeBuono, she immediately 8 responded about what she had done in Rhode 9 Island on the subject of prison health care, and 10 I was extremely pleased to see that not only was 11 she personally familiar but she had undertaken 12 in that state many of the steps that were 13 recommended by my task force for New York State, 14 and I am -- I'm sad to say those steps over the 15 last two years have not been undertaken for the 16 most part in New York State. A few of them were 17 implemented. The video conferencing, tele 18 medicine was implemented, or is in the process 19 of being implemented by the SUNY Health Science 20 Center and the Department of Corrections, but 21 it's moving much too slow. 22 The take-over of inmate health 23 care by the Department of Health which should, 1 in fact, have paramount responsibility, has been 2 again one that was either very slow or actually 3 resisted by the previous health commissioner and 4 a range of other areas, including early 5 identification of HIV cases through mandatory 6 testing or through an intensive voluntary 7 counseling form of testing have not been 8 implemented. All of these were areas with which 9 Dr. DeBuono was personally well versed, 10 experienced, and quick to ask appropriate 11 questions about New York State policy. 12 I can't imagine a better person 13 to come into our state and address some of the 14 most pressing problems that we have at this time 15 and I, too, want to compliment Governor Pataki 16 on an outstanding choice, and we look forward to 17 working with Dr. DeBuono. 18 THE PRESIDENT: Thank you, 19 Senator Hoffmann. 20 Senator Stafford. 21 SENATOR STAFFORD: Madam 22 President, I'll be very brief, but it's often 23 been said that a doctor needs to have patients. 1 Now, if -- if this doctor hasn't shown patience, 2 I don't know who has. 3 But on a serious note, I would 4 only second what has been said so well by so 5 many today, and Dr. DeBuono came before the 6 Finance Committee, I think we had a good 7 exchange and the vote was unanimous, and I was 8 very impressed that Dr. DeBuono defended the 9 people of the Health Department, the 10 professionals. Some of us are alive today 11 because some of those who have been there are 12 there today. 13 I think this, as has been said, 14 is an excellent appointment. I know we all look 15 forward to working with Dr. DeBuono. 16 THE PRESIDENT: Thank you. 17 Senator Oppenheimer. 18 SENATOR OPPENHEIMER: I must say 19 I'm very, very pleased with everything that I've 20 heard from -- from this new -- new 21 commissioner. She -- she gave wonderful 22 responses to the questions that were posed to 23 her. She sticks to her guns. She has a 1 background that is just created for this job. 2 It is just amazing how in almost every area of 3 need, she has some background skills, and I 4 think between her -- her philosophy, what I 5 surmise her philosophy to be, and her caring for 6 people, I think we have a -- a remarkable 7 candidate here and one who I think is going to 8 serve us brilliantly, and I am very delighted to 9 support this commissioner. 10 Thank you. 11 THE PRESIDENT: The question is 12 on the confirmation of Dr. Barbara Ann DeBuono 13 as Commissioner of Health. Oh, I'm sorry, 14 Senator Mendez. 15 SENATOR MENDEZ: Madam President, 16 I am going to be very brief. 17 I had the opportunity to meet 18 with Dr. DeBuono yesterday. As all my 19 colleagues have expressed the view, we all were 20 impressed by her qualifications, by her 21 sensitivity to the problems of the different 22 communities, let's put it that way, in New York 23 State, and her thorough knowledge of every 1 single aspect related to urban health. 2 I really must congratulate 3 Governor Pataki with this appointment because, 4 in fact, it has another important aspect of it 5 and that is I don't know how Governor Pataki is 6 -- you know, he takes the time to go out every 7 where and get highly qualified women for 8 positions in New York State and, as a woman 9 myself, when I see another woman, regardless of 10 race or ethnicity, that shines on her own merits 11 and knowledge, I think very proud about it. 12 So I'm positive, I feel positive 13 that Dr. DeBuono will, in fact, be very much 14 concerned and do a great job. 15 On the area of -- of managed 16 care, I want to say, Madam President, that in my 17 district as the situation is today, there are 18 lots of people that are not -- that do not have 19 any access at all to primary health care. I am 20 hopeful that -- very hopeful that through the 21 institution of managed care, many of my 22 constituents -- of my constituents will be able 23 to have their own physician and derive the 1 benefit of preventive medicine. 2 So congratulations again to -- to 3 Governor Pataki for this appointment, and we're 4 looking forward to work with you, Dr. DeBuono. 5 THE PRESIDENT: Thank you. 6 Are there any other Senators who 7 would like to be heard? 8 (There was no response. ) 9 The question is on the 10 confirmation of Dr. Barbara Ann DeBuono as 11 Commissioner of Health. 12 All those in favor signify by 13 saying aye. 14 (Response of "Aye.") 15 Those opposed nay. 16 (There was no response. ) 17 The ayes have it. Dr. Barbara 18 Ann DeBuono is hereby confirmed as Commissioner 19 of Health. 20 (Applause) 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 may we return to motions and resolutions and on 1 behalf of Senator Bruno and in consultation with 2 the Minority Leader, I offer up the following 3 committee changes and ask that they be read and 4 filed in the Journal. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: Senator Bruno 8 hands up the following Senate standing committee 9 assignment revisions: 10 Committee on Aging: Delete 11 Senator Montgomery and add Senator Markowitz. 12 Committee on Alcoholism and Drug 13 Abuse: Delete Senator DeFrancisco and add 14 Senator Nozzolio. 15 Committee on Children and 16 Families: Senator Montgomery from acting ranking 17 to ranking. 18 Committee on Cities: Delete 19 Senator Jones and add Senator Onorato. 20 Committee on Commerce and 21 Economic Development: Delete Senator Libous and 22 add Senator Wright. 23 Committee on Consumer 1 Protection: Delete Senator DeFrancisco and add 2 Senator Leibell. 3 Also Senator Montgomery from 4 ranking to acting ranking. 5 Corporations, Authorities and 6 Commissions: Add Senator Trunzo. 7 Committee on Crime and 8 Corrections: Change meeting time from Tuesday at 9 2:00 p.m., to Tuesday at 2:15 p.m. 10 Committee on Elections: Add 11 Senator Hoblock. 12 Committee on Energy: Delete 13 Senator Spano and add Senator Leibell. 14 Delete Senator Rath and add 15 Senator DeFrancisco. 16 Committee on Environmental 17 Conservation: Delete Senator Gold and add 18 Senator Hoffmann. 19 Delete Senator Hannon and add 20 Senator Johnson. 21 Committee on Ethics: Delete 22 Senator Leibell as chairman and add Senator 23 Johnson as chairman. 1 Committee on Higher Education: 2 Delete Senator Wright and add Senator Maltese. 3 Committee on Housing and 4 Community Development: Add Senator Nozzolio; 5 delete Senator Johnson as chairman and add 6 Senator Leibell as chairman. 7 Investigations, Taxation and 8 Government Operations: Delete Senator Trunzo and 9 add Senator Spano. 10 Delete Senator DiCarlo and add 11 Senator Rath. 12 Committee on Judiciary: Delete 13 Senator Stafford and add Senator Hoblock. 14 Committee on Labor: Delete 15 Senator Levy. 16 Committee on Local Government: 17 Delete Senator Onorato and add Senator Jones. 18 Committee on Mental Health and 19 Developmental Disabilities: Delete Senator 20 Hoffmann and add Senator Montgomery. 21 Committee on Veterans: Delete 22 Senator Skelos and add Senator Holland. 23 THE PRESIDENT: To be filed in 1 the Journal. 2 Senator Skelos. 3 SENATOR SKELOS: Yes, Madam 4 President. I offer up the following resolutions 5 and ask that they be read in their entirety. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: Senate Resolution 9 Number 8, by Senator Bruno: RESOLVED that 10 Stephen F. Sloan of Guilderland, New York be and 11 he hereby is elected Secretary of the Senate for 12 the years 1995-1996. 13 THE PRESIDENT: On the 14 resolution, all in favor signify by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The ayes have it. The resolution 19 is passed. 20 THE PRESIDENT: The Chair states 21 that, for the record, Stephen Sloan has been 22 elected Secretary of the Senate for the years 23 1995 to 1996. 1 Would you like to raise your 2 right hand. Do you solemnly swear to support 3 the Constitution of the United States of America 4 and the Constitution of the state of New York 5 and faithfully discharge the duties of the 6 office of Secretary of the Senate of the state 7 of New York, to the best of your ability? 8 MR. SLOAN: I do. 9 THE PRESIDENT: Congratulations, 10 Mr. Sloan. 11 (Applause) 12 THE PRESIDENT: The Secretary 13 will read. 14 SENATOR SKELOS: Would you read 15 Resolution Number 9, please. 16 THE SECRETARY: Senate Resolution 17 Number 9, by Senator Bruno: RESOLVED that 18 Pauline E. Williman be and she hereby is elected 19 the official stenographer of the Senate for the 20 years 1995-1996. 21 THE PRESIDENT: All those in 22 favor signify by saying aye. 23 (Response of "Aye.") 1 Those opposed say nay. 2 (There was no response.) 3 The resolution is adopted, and 4 the Chair states that, for the record, that 5 Pauline E. Williman is stenographer of the 6 Senate for the year 1995-to '96. 7 (Applause) 8 Senator Skelos. 9 SENATOR SKELOS: Please read 10 Resolution Number 10. 11 THE SECRETARY: Senate Resolution 12 Number 10, by Senator Bruno: RESOLVED that John 13 P. Everhardt be, and he hereby is elected 14 Sergeant-at-Arms of the Senate for the years 15 1995-1996. 16 THE PRESIDENT: On the 17 resolution, all in favor say aye. 18 (Response of "Aye.") 19 Those opposed nay. 20 (There was no response. ) 21 The resolution is adopted. 22 Congratulations, Mr. Everhardt. 23 (Applause) 1 Senator Skelos. 2 SENATOR SKELOS: Yes, if we could 3 return to motions and resolutions. 4 THE PRESIDENT: Without 5 objection, motions and resolutions. 6 SENATOR SKELOS: Madam President, 7 on behalf of Senator Bruno, I hereby file notice 8 of a proposed change to Senate Rule VII, Section 9 1, regarding the size of certain Senate standing 10 committees. 11 THE PRESIDENT: The Secretary 12 will read. Oh, to be filed in the Journal. 13 Senator Skelos. 14 SENATOR SKELOS: Does anybody 15 else wish to -- any housekeeping, anybody wish 16 to say anything? 17 THE PRESIDENT: No further 18 business? 19 SENATOR SKELOS: Thank you. 20 Madam President, Markowitz has said enough 21 today. 22 Madam President, there being no 23 further business, I move we adjourn until 1 Monday, February 6th, 1995 at 3:00 p.m. sharp, 2 intervening days to be legislative days. 3 THE PRESIDENT: Without 4 objection, the Senate stands adjourned. 5 (Whereupon at 5:46 p.m., the 6 Senate adjourned.) 7 8