Thursday, June 8, 1995

8576 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 8, 1995 10 11:06 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 8577 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Ask the members to take 4 their places, staff find their places. 5 I ask everybody in the chamber to 6 join in saying the Pledge of Allegiance to the 7 Flag. 8 (Whereupon, the Senate and those 9 present joined in the Pledge of Allegiance to 10 the Flag.) 11 ACTING PRESIDENT KUHL: In the 12 absence of clergy, may we bow our heads in a 13 moment of silence. 14 (Whereupon, there was a moment of 15 silence.) 16 The reading of the Journal. 17 THE SECRETARY: In Senate, 18 Wednesday, June 7. The Senate met pursuant to 19 adjournment, Senator DeFrancisco in the Chair 20 upon designation of the Temporary President. 21 The Journal of Tuesday, June 6th, was read and 22 approved. On motion, Senate adjourned. 23 ACTING PRESIDENT KUHL: Hearing 8578 1 no objection, the Journal stands approved as 2 read. 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 Reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Bruno, that brings us to 12 the calendar. 13 SENATOR SKELOS: Mr. President. 14 Can we at this time take up the noncontroversial 15 calendar. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the noncontroversial calendar. 18 THE SECRETARY: Calendar Number 19 98, by Senator Goodman, Senate Print 1367B, an 20 act to amend the Arts and Cultural Affairs Law, 21 in relation to autographed sports collectibles. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 8579 1 THE SECRETARY: Calendar Number 2 111, by Senator Kruger, Senate Print 303, an act 3 to amend the Penal Law, in relation to 4 increasing the criminal penalty for fraudulent 5 accosting. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 419, by Senator Rath, Senate Print 1282, an act 10 to amend the Education Law, in relation to full 11 disclosure with respect to proposed annual 12 school budgets. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 420, by Senator Espada, Senate Print 26 - 17 SENATOR SKELOS: Mr. President. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 Senator Bruno, is it your desire 21 to return to reports of standing committees? 22 SENATOR SKELOS: Yes, Mr. 23 President. Can we return to reports of standing 8580 1 committees and recognize Senator Lack, Chair of 2 Judiciary. 3 ACTING PRESIDENT KUHL: Senator 4 Lack. 5 SENATOR LACK: Mr. President, is 6 there a report of the Committee on Judiciary at 7 the desk? 8 ACTING PRESIDENT KUHL: There is 9 a report of the Judiciary Committee at the desk, 10 Senator Lack. I will ask the Secretary to read 11 it. 12 THE SECRETARY: Senator Lack, 13 from the Committee on Judiciary, reports the 14 following nomination: Gerald A. Hamill of 15 Syracuse as Judge of the Onondaga Family Court. 16 SENATOR LACK: Mr. President. 17 ACTING PRESIDENT KUHL: Senator 18 Lack. 19 SENATOR LACK: Thank you, Mr. 20 President. 21 I am privileged again to rise 22 this morning to begin the confirmation process 23 for another group of distinguished appointees of 8581 1 Governor Pataki. This is the second day that 2 we've been holding these confirmations in the 3 Senate chamber; and, once again, the Governor 4 has provided us with a distinguished list of 5 candidates for various interim judgeships in 6 this state, and I congratulate the Governor for 7 so doing. 8 Before us at the moment is Gerald 9 A. Hamill of Syracuse, who has been nominated as 10 a Judge of the Onondaga County Family Court. He 11 has been examined by myself and the staff of the 12 Senate Judiciary Committee, has been found 13 superb in all qualifications; appeared this 14 morning before the entire committee and was 15 unanimously approved by said committee, and at 16 this point, I would like to yield the floor to 17 Senator DeFrancisco. 18 ACTING PRESIDENT KUHL: The Chair 19 will recognize Senator DeFrancisco on the 20 confirmation. 21 SENATOR DeFRANCISCO: Thank you, 22 Mr. President. 23 I'm really proud to stand here 8582 1 today and rise in support of the nomination of 2 Gerald Hamill. 3 As I mentioned in the Judiciary 4 Committee hearing this morning, I have known 5 Jerry since the mid '70s, and since that time he 6 has exhibited the utmost abilities in the 7 practice of law and the utmost in ethical 8 standards of conduct. 9 I think what's also significant 10 is that he is being nominated by the Governor 11 for, I think, the toughest judicial position, 12 Family Court; and in order to be successful and 13 be effective in that position, you have to have 14 a broad range of experience and have to know 15 people and know children, and his resume is 16 replete with references of how he has gained 17 that experience over the years by his volunteer 18 work and his work as a teacher, prior to going 19 to law school. 20 He has practiced in the Family 21 Courts for many years now almost exclusively and 22 has done a very difficult job during that period 23 of time, most often representing children as a 8583 1 law guardian in Family Court, a very difficult 2 situation, a very difficult assignment, but a 3 very rewarding one when you understand what's at 4 stake for each child who goes through that 5 system. 6 His experience, his qualifica 7 tions, his character, all show that he is a 8 superb nominee, and I thank the Governor for 9 making this nomination, and I urge all of us to 10 support this nomination by unanimous vote. 11 ACTING PRESIDENT KUHL: The 12 question is on the nomination of Gerald A. 13 Hamill of Syracuse to become a Judge of the 14 Onondaga Family Court. 15 All those in favor of the 16 nomination, signify by saying aye. 17 (Response of "Aye.") 18 Opposed, nay. 19 (There was no response.) 20 The nominee is confirmed. 21 (Applause.) 22 We're happy to be joined by Judge 23 Hamill, who is in the chamber on our left. 8584 1 The Secretary will continue to 2 read the Judiciary Committee report. 3 THE SECRETARY: Senator Lack, 4 from the Committee on Judiciary, reports the 5 following nomination: Kenneth R. Fisher of 6 Rochester as Justice of the Supreme Court, 7 Monroe County. 8 SENATOR LACK: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Lack. 11 SENATOR LACK: Thank you, Mr. 12 President. 13 I rise to move the nomination of 14 Kenneth R. Fisher of Rochester as a Justice of 15 the Supreme Court of Monroe County. Mr. Fisher, 16 a current United States magistrate, has appeared 17 before the committee, has been found 18 satisfactory in all respects, was unanimously 19 voted by the committee for movement to the 20 floor, and, at this point, I would yield the 21 floor to Senator Nozzolio. 22 ACTING PRESIDENT KUHL: Chair 23 recognizes Senator Nozzolio on the 8585 1 confirmation. 2 SENATOR NOZZOLIO: Thank you, Mr. 3 President. 4 Mr. President, my colleagues: I 5 want to congratulate and compliment Senator Lack 6 for his expeditious review and attention to 7 bringing each and every one of these nominations 8 before us today. 9 I am particularly proud to rise 10 in support of Kenneth R. Fisher to serve as 11 Justice of the United States -- the New York 12 State Supreme Court for the 7th Judicial 13 District. 14 I rise with great pride as Mr. 15 Fisher is a constituent of mine, one who was 16 born in Senator Kuhl's district, educated at 17 Williams College and Vermont Law School, and I 18 dare say, upon review of Mr. Fisher's 19 qualifications, can say that he is certainly 20 bringing with him an outstanding record of 21 accomplishment in fields of law from a variety 22 of experiences, a variety of experiences that I 23 believe will serve the people extremely well in 8586 1 his new capacity. 2 He served as a special counsel at 3 the Steuben County District Attorney's Office, 4 was a Special Assistant United States attorney. 5 He served also the Monroe County District 6 Attorney's Office and also was Deputy County 7 Attorney for the Monroe County Department of 8 Law, participated for a time in private 9 practice, and then was called to serve in one of 10 the highest judicial offices as United States 11 Magistrate Judge for United States District 12 Court for the Western District of New York, a 13 tremendous combination of experience that I dare 14 say, my colleagues, will serve the people of the 15 7th Judicial District and New York State 16 extremely well. 17 Bringing this broad background to 18 be a Supreme Court Judge I say is an excellent 19 testament not only to Mr. Fisher but to Governor 20 Pataki for recognizing this talent. I know Ken 21 Fisher. It is a great deal of pride to stand 22 here and move his nomination and confirmation 23 for New York State Supreme Court judge. 8587 1 Thank you, Mr. President. I move 2 the nomination. 3 ACTING PRESIDENT KUHL: Chair 4 recognizes Senator Dollinger on the nomination. 5 SENATOR DOLLINGER: Mr. 6 President. I'm going to give every Republican 7 in this chamber a reason to vote for Ken Fisher 8 on this nomination. Ken Fisher is one of the 9 few Republicans who has looked me in the eye and 10 said, "Mr. Dollinger, you have to keep quiet," 11 and I actually listened to him. 12 (Applause.) 13 I doubt Mr. Fisher knew that 14 exercising judicial authority as a magistrate 15 would be so popular in this chamber. 16 But Ken Fisher is a good lawyer. 17 He's been a very good federal magistrate. He 18 will be a good Supreme Court judge in the 7th 19 Judicial District. He has a career that has 20 spanned many opportunities in our community not 21 only as the federal magistrate but as a 22 prosecutor and as a private lawyer. I wish him 23 well in his new assignment and maybe there will 8588 1 come a day again when he will look across the 2 table and say, "Mr. Dollinger, it's time to be 3 quiet." I look forward to that opportunity, and 4 I wish him well in his new endeavor as a state 5 Supreme Court justice. 6 ACTING PRESIDENT KUHL: The 7 question is on the nomination of Kenneth R. 8 Fisher of Rochester, New York, to be a Justice 9 of the Supreme Court. 10 All those in favor of the 11 nomination, signify by saying aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 (There was no response.) 15 The nominee is confirmed. 16 We're happy to have Judge Fisher 17 with us in the chamber. Good luck. 18 (Applause.) 19 Secretary will continue to read. 20 THE SECRETARY: Senator Lack, 21 from the Committee on Judiciary, reports the 22 following nomination: Gail Nackley Uebelhoer of 23 New Hartford as Judge of the Oneida County 8589 1 Court. 2 ACTING PRESIDENT KUHL: Chair 3 recognizes Senator Lack. 4 SENATOR LACK: Thank you, Mr. 5 President. I rise to move the nomination of 6 Gail Nackley Uebelhoer from New Hartford as 7 Judge of the Oneida County Court. 8 Made a most impressive 9 performance this morning at the Judiciary 10 Committee. She's been nominated to be the first 11 woman judge from Oneida County. 12 Before I go any further, I do 13 have to yield the floor to Senator William 14 Sears, who appeared before the committee this 15 morning on her behalf and is an old-time family 16 friend, so he can proceed with seconding the 17 nomination. 18 ACTING PRESIDENT KUHL: Chair 19 recognizes Senator Sears. 20 SENATOR SEARS: Thank you very 21 much, Mr. President. 22 I want to thank Senator Lack for 23 allowing me to appear with him at the Judiciary 8590 1 meeting this morning and allowing me to intro 2 duce Gail Uebelhoer to the committee. 3 I am certainly happy and proud to 4 recommend the nomination of Gail Uebelhoer to 5 fill the vacancy for Judge in the Oneida County 6 Court. Ms. Uebelhoer will bring impeccable 7 credentials and a varied background to this 8 important position. 9 Additionally, as was indicated by 10 Senator Lack, we're making history here today 11 because this extremely capable lady will become 12 the very first woman ever appointed or elected 13 to an Oneida County Court judgeship in Oneida 14 County. Let me share with you just a few of the 15 highlights about her. 16 Gail Uebelhoer has extensive 17 experience in the law. As a former assistant 18 district attorney, she prosecuted a wide variety 19 of virtually every type of crime, including the 20 most violent of felonies. But as she was 21 prosecuting those cases, she was also extending 22 care and compassion to victims and developing a 23 greater understanding of how vicious crimes can 8591 1 ruin the lives of the most vulnerable citizens 2 of the community. 3 She also served as an appellate 4 prosecutor researching and presenting the law 5 before the highest state appeals courts. Beyond 6 her prosecution and courtroom experience, Ms. 7 Uebelhoer is currently serving as a confidential 8 law clerk advising New York State Supreme Court 9 Justice Tony Shaheen of Utica. 10 In closing, I want to highly 11 recommend Gail Nackley Uebelhoer to my Senate 12 colleagues as an excellent candidate for Oneida 13 County Court Judge. I believe she possesses not 14 only the courage and conviction but also the 15 sensitivity that is essential to this position. 16 I believe she will actively make a positive 17 difference on behalf of our residents, helping 18 them to feel safe in their homes and on our 19 streets. 20 She's here today, Mr. President, 21 with her husband, Bernard; her son, Luke; her 22 mother, Isabelle Nackley; her sister, Mary 23 D'Angelo; and her cousin, Patricia Thompson. 8592 1 I'm very pleased, Mr. President, 2 to second the nomination and also to move it. 3 Thank you. 4 ACTING PRESIDENT KUHL: Chair 5 recognizes Senator Seward on the nomination. 6 SENATOR SEWARD: Thank you, Mr. 7 President. I, too, want to join my colleagues 8 Senator Sears and Senator Lack in standing in 9 support of the nomination of Gail Nackley 10 Uebelhoer to be the Judge of the Oneida County 11 Court. 12 I'm standing because, as has been 13 noted, most recently she has been the 14 confidential law clerk of Supreme Court Justice 15 Tony Shaheen, who is an old and dear friend of 16 mine, and also because of the fact that a part 17 of that judicial district covers Herkimer 18 County, which I am pleased to represent. 19 I can say without question that 20 the nominee is known throughout the Mohawk 21 Valley as having a very keen legal mind and 22 having the highest ethical standards, a keen 23 understanding of people, and I know that she 8593 1 will be both firm but fair as the Judge of the 2 Oneida County Court. 3 I'm also pleased that we will be 4 having a woman jurist in the Mohawk Valley, as 5 well. 6 So, Mr. President, I'm pleased to 7 stand in support of the nominee this morning 8 Gail Nackley Uebelhoer. 9 SENATOR DeFRANCISCO: Mr. 10 President. 11 ACTING PRESIDENT KUHL: Senator 12 DeFrancisco, on the nomination. 13 SENATOR DeFRANCISCO: I also rise 14 in support of the nomination. 15 The reason she's known in Oneida 16 County and the Mohawk Valley and through all 17 parts of Upstate New York is because she was 18 trained in Onondaga County, and that's where I 19 first met her when she was a law clerk in the 20 Onondaga County District Attorney's Office when 21 I was an Assistant D.A. 22 At that time it was obvious that 23 she had a great command of the law, that she had 8594 1 great integrity, and she was going to do good 2 things in the future, and it's obvious that she 3 has. 4 I'm proud to be here knowing two 5 of the nominees this morning and to be able to 6 speak on their behalf. I think what's 7 significant about this nominee is that she's not 8 only the first woman County Court Judge but she 9 is the most qualified person in Oneida County 10 for this particular position, which is much more 11 significant in my mind. She's got a broad range 12 of experience, especially in the criminal law 13 area, as I mentioned, that began in Onondaga 14 County and then that experience broadened under 15 Judge Shaheen; and having had cases before Judge 16 Shaheen, I know that he definitely looks to her 17 -- or, looked to her for advice and he took it, 18 probably always. 19 So I rise proudly to stand in 20 support of this nomination, and I also urge its 21 unanimous adoption. 22 ACTING PRESIDENT KUHL: The 23 question is on the nomination of Gail Nackley 8595 1 Uebelhoer to become a Judge of the County Court 2 of Oneida County. 3 All those in favor of the 4 nomination, signify by saying aye. 5 (Response of "Aye.") 6 Oppose, nay. 7 (There was no response.) 8 The nominee is confirmed. 9 Judge Uebelhoer is with us. 10 (Applause.) 11 SENATOR LACK: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Lack. 14 SENATOR LACK: Yes, can I please 15 ask, Mr. President, with permission of the 16 Acting Majority Leader at this time that, with 17 no disrespect to Mr. Halloran, if we would 18 please suspend the rest of the report of the 19 Judiciary Committee, pending the imminent 20 arrival of Senator Stafford in the chamber and 21 when he does arrive, if we could then, with 22 permission of the Acting Majority Leader, go 23 back to the report of the Judiciary, I would 8596 1 appreciate it and so would he. 2 SENATOR SKELOS: Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Skelos. 5 SENATOR SKELOS: If we could once 6 again take up the noncontroversial calendar from 7 the beginning. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the noncontroversial calendar. 10 THE SECRETARY: Calendar Number 11 98, by Senator Goodman, Senate Print 1367B, an 12 act to amend the Arts and Cultural Affairs Law, 13 in relation to autograph sports collectibles. 14 ACTING PRESIDENT KUHL: The bill 15 is high and will be laid aside. 16 THE SECRETARY: Calendar Number 17 111, by Senator Kruger, Senate Print 303, an act 18 to amend the Penal Law, in relation to 19 increasing the criminal penalty for fraudulent 20 accosting. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 8597 1 act shall take effect on the first day of 2 November. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 44. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 419, by Senator Rath, Senate Print 1282, an act 11 to amend the Education Law, in relation to full 12 disclosure with respect to proposed annual 13 school budgets. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect on the first day of July. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 44. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 8598 1 THE SECRETARY: Calendar Number 2 420, by Senator Espada, Senate Print 2601A, an 3 act to amend the Education Law, in relation to 4 making community school board members ineligible 5 for election or appointment. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect July 30. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 44. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 438, by Senator Velella, Senate Print 1699, an 18 act to amend the Insurance Law, in relation to 19 the amount of uninsured, under-insured motorists 20 insurance coverage. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 3. This 8599 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 471, by Senator Sears, Senate Print 3545, an act 10 to amend the Environmental Conservation Law, in 11 relation to hooking, snatching or snagging of 12 Pacific salmon. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the first day of 17 September. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT KUHL: Chair 22 recognizes Senator Wright to explain his vote. 23 SENATOR WRIGHT: Mr. President, 8600 1 to explain my vote. 2 Let me first acknowledge the 3 courtesies extended to me by Senator Sears on 4 this particular piece of legislation and to also 5 state that probably to most of you this is an 6 issue that is unique to my area and perhaps one 7 or two other areas in the state, but is 8 particularly unique to the Salmon River corridor 9 in the small village of Pulaski in Oswego 10 County. 11 I can appreciate the concerns of 12 the sportsmen who have supported this bill. I 13 share their rejection of the concept of snagging 14 and the fact that that is not a sportsmanlike 15 method of taking fish and, in fact, in our area 16 of the state is referred to as "meat fishing." 17 But the reality is, DEC enacted a 18 policy some ten years ago that encouraged 19 snagging, that, in fact, encouraged that small 20 community to make economic investments; and now, 21 by changing this policy, in fact, it's going to 22 have an extremely negative impact on that 23 community and its economy, and I would equate 8601 1 that to a plant closure. 2 I share the concerns of people in 3 that small community. While I don't reject the 4 concept of the sportsmen and what they are 5 attempting to do and what Senator Sears is 6 attempting to do, I do have to voice the 7 concerns of the people of the village of Pulaski 8 and their businesses and record my vote as no. 9 Thank you, Mr. President. 10 ACTING PRESIDENT KUHL: Senator 11 Wright will be recorded in the negative. 12 Announce the results. 13 THE SECRETARY: Ayes 44, nays 1, 14 Senator Wright recorded in the negative. 15 SENATOR SKELOS: Mr. President. 16 ACTING PRESIDENT KUHL: Chair 17 recognizes Senator Skelos. 18 SENATOR SKELOS: Would you 19 recognize Senator Dollinger. 20 SENATOR DOLLINGER: Mr. 21 President. 22 ACTING PRESIDENT KUHL: Senator 23 Dollinger, why do you rise? 8602 1 SENATOR DOLLINGER: Could I be 2 recorded in the negative on that bill, as well. 3 SENATOR SKELOS: Without 4 objection. 5 SENATOR DOLLINGER: Thank you. 6 ACTING PRESIDENT KUHL: Without 7 objection, Senator Dollinger will be recorded in 8 the negative on Calendar Number 471. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 if we again at this time could return to reports 12 of standing committee to finish the one 13 confirmation; and please recognize Senator Lack. 14 ACTING PRESIDENT KUHL: Calendar 15 Number 471 was passed. 16 Chair would return to reports of 17 standing committees and recognize Senator Lack. 18 SENATOR LACK: Yes. Mr. 19 President, at this point, could we please finish 20 the report of the Standing Committee on 21 Judiciary. 22 ACTING PRESIDENT KUHL: Secretary 23 will read. 8603 1 THE SECRETARY: Senator Lack, 2 from the Committee on Judiciary, reports the 3 following nomination: Andrew Halloran of 4 Minerva as Judge of the Essex County Court. 5 SENATOR LACK: Mr. President. 6 ACTING PRESIDENT KUHL: Senator 7 Lack. 8 SENATOR LACK: Mr. President, I 9 rise to move the nomination of Andrew Halloran 10 of Minerva as Judge of the Essex County Court. 11 Actually, it's a very unusual appointment in 12 this chamber. He will be a three-hatted judge, 13 judge of the Essex County Court, Family Court 14 and Surrogate's Court, a most impressive 15 performance this morning before the Senate 16 Judiciary Committee, who unanimously recommended 17 his endorsement to the floor. 18 If I could at this time, I would 19 like to yield to the distinguished chairman of 20 the Senate Finance Committee, Senator Stafford. 21 SENATOR STAFFORD: Thank you, Mr. 22 President. 23 ACTING PRESIDENT KUHL: Chair 8604 1 recognizes Senator Stafford. 2 SENATOR STAFFORD: This is 3 probably one of the most pleasant days that I 4 have had in the Senate in the few number of 5 years that I have been here. 6 We, today, have the next County 7 Judge of Essex County with us, Andy Halloran. 8 He has had tremendous training, now I mean 9 really, really good training. He, of course, 10 did very well at RPI. He got his law degree cum 11 laude, and he was my counsel. I think that will 12 out-measure the other two. 13 But he was here with us when we 14 had such minor activities, noncontroversial, 15 very simple issues such as the enactment of the 16 Adirondack Park Law -- we won't spend any more 17 time on that day. 18 Also -- also, he has been a 19 leader in his community, Supervisor of the town 20 of Minerva. He has been very, very active in 21 civic organizations, has an excellent practice. 22 He has been -- he has been a counsel and 23 confidential clerk to the County Judge of 8605 1 Hamilton County for a number of years. 2 Mr. President, I have stood here 3 a number of times this year and said what an 4 excellent nomination the Governor has made. 5 Well, I'm up here again today, and this is 6 another excellent nomination that I state 7 without reservation. 8 Andy Halloran will be a 9 tremendous judge. He has, obviously, the legal 10 ability. He has the temperament, and he is a 11 fine individual. 12 We have here with him today his 13 wife, Ann, and his daughter, Alice; his son, 14 Edwin. 15 And finally, Mr. President, let 16 me state this. In this day when we are 17 concerned of having capable people in public 18 service, Andy Halloran -- and you know I stated 19 this from what I said before, but I want to 20 emphasize this. He epitomizes the American, 21 hard worker, a tremendously loyal individual, 22 raised a fine family and is most interested and 23 wants to serve in the Judiciary. 8606 1 Mr. President, it's a pleasure 2 for me to move the nomination of a gentleman who 3 has worked with me, done a tremendous job, and I 4 know he will continue to do a tremendous job, 5 Andrew Halloran. 6 ACTING PRESIDENT KUHL: The 7 question is on the nomination of Andrew Halloran 8 of Minerva to be a Judge of the Essex County 9 Court. 10 All those in favor of the 11 nomination, signify by saying aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 The nominee is confirmed. 15 We're happy to have Judge 16 Halloran here with us, together with his 17 family. 18 (Applause.) 19 Congratulations and good luck. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 at this time, if we could continue with the 23 noncontroversial calendar. 8607 1 ACTING PRESIDENT KUHL: Secretary 2 will continue to call the noncontroversial 3 calendar, beginning with Calendar Number 485. 4 THE SECRETARY: Calendar Number 5 485, by the Assembly Committee on Rules, 6 Assembly Print 7395, an act to amend the Civil 7 Service Law, in relation to complying with the 8 federal Americans with Disabilities Act of 1990. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 46. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 583, by Senator Levy, Senate Print 4146, an act 21 to amend the Transportation Law, in relation to 22 requiring the Commissioner of Transportation to 23 take an annual inventory. 8608 1 SENATOR SKELOS: Lay it aside for 2 the day. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside for the day. 5 THE SECRETARY: Calendar Number 6 601, by Senator Larkin, Senate Print 2963, an 7 act to amend the - 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 614, by Senator Kuhl, Senate Print 2403, an act 12 to amend the Retirement and Social Security Law, 13 in relation to the retirement of traffic 14 officers. 15 ACTING PRESIDENT KUHL: There is 16 a home rule message at the desk. 17 Secretary will read the last 18 section. 19 THE SECRETARY: Section 6. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 8609 1 THE SECRETARY: Ayes 46. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 779, by Senator Lack, Senate Print 4853A, an act 6 to amend the Surrogate's Court Procedure Act, in 7 relation to service of process. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT KUHL: Announce 16 the results when tabulated. 17 THE SECRETARY: Ayes 45, nays 1, 18 Senator Kuhl recorded in the negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 861, by Senator Spano. 23 SENATOR SKELOS: Lay it aside for 8610 1 the day. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside for the day. 4 THE SECRETARY: Calendar Number 5 866, by Senator LaValle, Senate Print 4482, an 6 act authorizing the Village of Port Jefferson 7 and the Town of Riverhead in the County of 8 Suffolk to maintain traffic control devices. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 46. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 874, by Senator Levy, Senate Print 4984, an act 21 to amend Chapter 496 of the Laws of 1990, 22 amending the General Municipal Law and others. 23 ACTING PRESIDENT KUHL: Secretary 8611 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 46. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 994, by Senator Leibell, Senate Print 5019. 12 ACTING PRESIDENT KUHL: There is 13 a home rule message at the desk. 14 Lay the bill aside. 15 THE SECRETARY: Calendar Number 16 1072, by Senator Stafford, Senate Print 629A, an 17 act to amend the Environmental Conservation Law, 18 in relation to nonhazardous municipal landfill 19 closure. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8612 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 46. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1141, by Senator Farley, Senate Print 5120, an 9 act to amend the Banking Law, in relation to 10 establishing limitations on the percentage of 11 savings bank assets. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 30th day. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT KUHL: Announce 20 the results when tabulated. 21 SENATOR FARLEY: Would you lay 22 that bill aside for the day. 23 ACTING PRESIDENT KUHL: Lay the 8613 1 bill aside for the day. 2 THE SECRETARY: Calendar Number 3 1151, by Senator Spano, Senate Print 1701, an 4 act to amend Chapter 78 of the Laws of 1989, 5 amending the Arts and Cultural Affairs Law. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT KUHL: Announce 14 the results when tabulated. 15 Senator Maziarz -- or, excuse me, 16 Marcellino. 17 SENATOR MARCELLINO: We're twins. 18 Mr. President, I rise in support 19 of this bill. As town clerk of the town of 20 Oyster Bay, I was able to, as have many of my 21 colleagues, take advantage of the provisions of 22 this legislation in order to get funding for 23 many projects that the town otherwise would not 8614 1 have been able to afford. 2 This particular project afforded 3 the town of Oyster Bay, in my case, in excess of 4 $200,000 in money for the restoration of 5 documents and old records. It also allowed many 6 other of the townships, libraries, school 7 districts, and otherwise, to do the same. 8 This is an excellent piece of 9 legislation and should be continued, and Senator 10 Spano is to be commended for taking on this 11 legislation. 12 ACTING PRESIDENT KUHL: Announce 13 the results. 14 SENATOR MAZIARZ: Mr. President. 15 ACTING PRESIDENT KUHL: I thought 16 I knew Senator Maziarz wanted to speak. 17 Senator Maziarz. 18 SENATOR MAZIARZ: Mr. President, 19 to explain my vote. 20 ACTING PRESIDENT KUHL: Senator 21 Maziarz to explain his vote. 22 SENATOR MAZIARZ: Like my 23 colleague, Senator Marcellino, I'm a former 8615 1 county clerk -- of Niagara County -- and this 2 particular piece of legislation sponsored by 3 Senator Spano has been a great, great help to 4 town, village, city and county clerks, clerks of 5 fire districts, throughout the state of New 6 York. This bill does not cost the state any 7 money. The monies paid out come from filings 8 within the county clerk's office. It's been a 9 great deal of help. 10 I know in my county, Niagara 11 County, we have completely revamped our record 12 storage area. We used to go to the supermart 13 and get old cardboard boxes and throw the 14 records in and mark them and throw them in 15 whatever room happened to be available. Today, 16 our records are all computerized and organized, 17 very easy retrieval. 18 This is a great bill for record 19 managers across New York State. 20 Thank you. 21 ACTING PRESIDENT KUHL: Senator 22 Marcellino's twin will be recorded in the 23 affirmative. 8616 1 Secretary will continue to call 2 the noncontroversial calendar. 3 THE SECRETARY: Calendar Number 4 1195, by Member of the Assembly Perry, Assembly 5 Print 4675, an act authorizing the City of New 6 York to reconvey its interest in certain real 7 property. 8 ACTING PRESIDENT KUHL: There is 9 a home rule message at the desk. 10 Secretary will read the last 11 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 THE SECRETARY: Ayes 46. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1196, by Senator Paterson, Senate Print 3247, an 22 act to authorize the City of New York to release 23 its interest in and to reconvey to its former 8617 1 owner certain real property. 2 ACTING PRESIDENT KUHL: There is 3 a home rule message at the desk. 4 Secretary will read the last 5 section. 6 THE SECRETARY: Section 5. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 46. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1200, by Senator Velella, Senate Print 3954, an 16 act to amend the Insurance Law and the Vehicle 17 and Traffic Law, in relation to licensing of 18 auto body repair estimators. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect January 1. 23 ACTING PRESIDENT KUHL: Call the 8618 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 46. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1201, by Senator Spano, Senate Print 4287, an 8 act to amend the Local Finance Law, in relation 9 to bonds issued by act of the Westchester County 10 Board of Legislators. 11 ACTING PRESIDENT KUHL: There is 12 a home rule message at the desk. 13 Secretary will read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 46. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 8619 1 1202, by Senator Tully, Senate Print 4356, an 2 act to amend the Public Health Law, in relation 3 to the New York State Innovation in Breast 4 Cancer Early Detection and Research Awards 5 Program. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 46. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1203, by Senator Trunzo, Senate Print 4671, an 18 act to amend the Public Authorities Law, in 19 relation to clarifying the status of employees. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 8620 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 46. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1204, by Senator Leibell, Senate Print 5177, an 9 act to amend the Real Property Tax Law, in 10 relation to the rehabilitation of certain 11 multiple dwellings. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 46. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1205, by Senator Hannon, Senate Print 5239, an 8621 1 act to amend the Public Health Law, in relation 2 to utilization review agents. 3 ACTING PRESIDENT KUHL: Senator 4 Dollinger to explain your vote? 5 SENATOR DOLLINGER: Just to 6 explain my vote. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect 90 days after it shall 11 have become law. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT KUHL: Senator 16 Dollinger to explain his rote. 17 SENATOR DOLLINGER: Mr. 18 President, just to explain my vote ever so 19 briefly. 20 I think we have done a 21 Utilization Review Agent Bill in the past, one 22 that I believe Senator Tully carried. I know 23 that there is one Assemblyman Gottfried has 8622 1 proposed in the Assembly. 2 Now, this bill is a step down the 3 road to establishing procedures and 4 qualifications for utilization review agents. I 5 think it's a very important area with the 6 growing emphasis on managed care and HMOs, and I 7 hope that we use this bill as a springboard to 8 extended discussions both in this house and with 9 our colleagues in the other house so that we can 10 come up with a solution to this problem. 11 This is a step in the right 12 direction. How we frame it and what we add to 13 it or subtract from it in the final negotiations 14 is important, but this is a step on a very 15 important issue we should be doing something 16 about. 17 ACTING PRESIDENT KUHL: Senator 18 Dollinger will be recorded in the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes 46. 21 ACTING PRESIDENT KUHL: Bill is 22 passed. 23 THE SECRETARY: Calendar Number 8623 1 1206, by Senator Stafford, Senate Print 5249, an 2 act to legalize, validate, ratify and confirm 3 certain acts and proceedings of the town board, 4 planning board, zoning board, board of appeals 5 and certain agents and employees of the town of 6 Kingsbury. 7 ACTING PRESIDENT KUHL: There is 8 a home rule message at the desk. 9 Secretary will read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 46. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1207, by Senator Seward, Senate Print 5254, an 21 act to amend the Real Property Law, in relation 22 to mobile home parks. 23 ACTING PRESIDENT KUHL: Secretary 8624 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 46. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1208, by Senator Padavan, Senate Print 5264, an 12 act to amend the Penal Law, in relation to 13 possession of gambling devices. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect on the first day of 18 November. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 46. 23 ACTING PRESIDENT KUHL: The bill 8625 1 is passed. 2 THE SECRETARY: Calendar Number 3 1209, by Senator Maltese, Senate Print 5271, an 4 act to amend the Election Law, in relation to 5 write-in voting at primary elections. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 46. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1210, by Senator Hoblock, Senate Print 5356, an 18 act to amend the Public Officers Law and the 19 Executive Law, in relation to activities by 20 former state officers and employees. 21 ACTING PRESIDENT KUHL: Senator 22 Skelos. 23 SENATOR SKELOS: Is there a 8626 1 message at the desk? 2 ACTING PRESIDENT KUHL: There is 3 a message of necessity at the desk on Calendar 4 Number 1210. 5 SENATOR SKELOS: Move we accept 6 the message. 7 ACTING PRESIDENT KUHL: The 8 motion to accept the message of necessity on 9 Calendar Number 1210. 10 All in favor, signify by saying 11 aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 (There was no response.) 15 The message is accepted. 16 Secretary will read the last 17 section. 18 THE SECRETARY: Section 6. 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 46. 8627 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 at this time, if we could take up Senator 6 Larkin's bill, Calendar Number 601. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the title of Calendar Number 601. 9 THE SECRETARY: Calendar Number 10 601, by Senator Larkin, Senate Print 2963, an 11 act to amend the Election Law, in relation to 12 hours of voting at primary elections. 13 ACTING PRESIDENT KUHL: Senator 14 Larkin, an explanation of Calendar Number 601 15 has been asked for by the Acting Minority 16 Leader, Senator Paterson. 17 SENATOR LARKIN: Thank you very 18 much, Mr. Speaker. 19 Senator Paterson, this is a bill 20 that allows the Counties of Orange and Ulster to 21 conform to most other counties in the state that 22 have primary balloting from 12:00 noon to 9:00 23 p.m. This bill has the support of the 8628 1 Commissioner of Elections of both the Republican 2 and Democratic Parties in both Orange and Ulster 3 Counties. 4 SENATOR PATERSON: Mr. President, 5 if my good friend Senator Larkin would yield for 6 a number of questions? 7 ACTING PRESIDENT KUHL: Senator 8 Larkin, do you yield? 9 SENATOR LARKIN: I yield to the 10 distinguished Acting Minority Leader. 11 ACTING PRESIDENT KUHL: Senator 12 yields. 13 SENATOR PATERSON: Senator 14 Larkin, I guess we've all had the unfortunate 15 experience on primary day and election days of 16 walking around, particularly in those hours 17 early in the morning -- not early in the 18 morning, but in the mid-morning and just seeing 19 no one at the polls, and I guess it would seem 20 as if it's right to change the time because not 21 that many people are voting. 22 But Orange County -- and as a New 23 York City resident, I've noticed that a number 8629 1 of people from Orange County come down to the 2 City every day to work, and they get on some of 3 those trains as early as 6:20 and 6:30 in the 4 morning, and I would have to assume that on 5 election day those that vote would be voting 6 before they came down. 7 So, to get back before 9:00 8 o'clock in the evening, I think would be an 9 encumbrance upon them, so with all due respect 10 to the commissioners and whatever parties that 11 they happen to be from, do you think it's a good 12 idea? We don't have election many days of the 13 year, and this is what distinguishes our 14 democracy from others all around the world. Do 15 you think it's a good idea that we close down 16 the polls for those six hours even if, in many 17 respects, we're sitting there with very few 18 people trickling in to vote? 19 SENATOR LARKIN: Well, Senator, 20 we've looked at this, and we've looked at it 21 very carefully, and last year one of the items 22 that was discussed in this bill was the cost 23 factor, and we've gotten the dollars on the cost 8630 1 factor. 2 But, Senator, when you look at my 3 counties of Orange and Ulster, those commuting 4 to the City, at 6:00 o'clock in the morning they 5 are long gone from their home. They are long 6 away from a polling place. They are on it. 7 The majority of the people in my 8 district that commute to the city are on that 9 last train at 6:13 in the morning out of the 10 middle of the county. If they are in Port 11 Jervis, they're on those trains at 5:30, 5:20 in 12 the morning, so they are long gone from their 13 home before the polls are even open. 14 We've done some -- not 15 scientific, but at certain times, we've asked 16 people at the polls, "When do you vote?" They 17 say they vote at night because they don't have 18 the time. They don't want to miss the train. 19 Those that make car pools, they don't want to 20 miss a car pool, and they say they have no 21 problem getting back home to vote at 9:00 22 o'clock at night. 23 SENATOR PATERSON: So your 8631 1 experience, then, is that most of the people who 2 are commuting, the ones that I am addressing in 3 this particular situation, that there is a 4 pickup toward the end, not in the beginning, 5 more toward 9:00 p.m. 6 SENATOR LARKIN: Senator, we've 7 looked at the numbers voting from 7:00 to 9:00. 8 We find that those in the areas where commuters 9 live, the hours between like 7:00 to 9:00 is 10 predominant voting patterns. 11 SENATOR PATERSON: All right, 12 Senator. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson. 15 SENATOR PATERSON: I think that 16 your data, while I would certainly like to look 17 at it sometime, is no doubt accurate. I just 18 have to tell you that I -- I think that the cost 19 factor is almost nominal on what we're doing on 20 an election day, and I think it's very important 21 for us to be promoting participation and making 22 it as easy as possible, even if sometimes the 23 polls are sitting there and not many people are 8632 1 using them. 2 It's really different than any 3 other situation where, if it's not cost 4 effective, we certainly shouldn't do it, and 5 it's just my opinion that we open the door and 6 do this and then it just becomes more convenient 7 to have polls in a lot of places open from the 8 midafternoon until 9:00 o'clock. 9 On that one or two days a year 10 when people are voting -- and with all due 11 respect, because I think that you probably have 12 researched this and you certainly have people 13 who are more expert in the field than myself 14 agreeing with you, but I really think that there 15 is a value that almost supercedes the entire 16 discussion, and that is the fact that we just 17 want for residents of this state or particular 18 counties to know that, when there is an election 19 day or a primary day, if anything goes wrong, if 20 there is any kind of discrepancy even for a few, 21 that we would keep the polls open for the 22 maximum period of time. 23 Other than that, obviously your 8633 1 bill will pass and it may actually prove to be a 2 good thing. But I think there is a standard 3 that I'm trying to address that almost overcedes 4 the entire issue. 5 ACTING PRESIDENT KUHL: Chair 6 recognizes Senator Dollinger. 7 SENATOR DOLLINGER: Mr. 8 President. Will the sponsor yield to just one 9 question? 10 ACTING PRESIDENT KUHL: Senator 11 Larkin, do you yield to just one question? 12 SENATOR LARKIN: Yes, Mr. 13 President. Just one question. 14 SENATOR DOLLINGER: Just one 15 question. 16 ACTING PRESIDENT KUHL: Senator 17 yields to just one question. 18 SENATOR DOLLINGER: Would this 19 reduction in primary hours affect the 20 Presidential primary that the Republican Party 21 may have next spring? 22 SENATOR LARKIN: We haven't come 23 to that position, yet, Senator. 8634 1 SENATOR DOLLINGER: But if this 2 bill passed -- again, Mr. President, I 3 apologize. 4 SENATOR LARKIN: If this bill 5 passed, Senator - 6 ACTING PRESIDENT KUHL: Senator 7 Larkin, do you yield now to a second question? 8 SENATOR DOLLINGER: Only because 9 the first question gave rise to the second. 10 ACTING PRESIDENT KUHL: The 11 Senator yields to a second question. 12 SENATOR LARKIN: This is the 13 freebie. Senator, right now, if this bill 14 passed this would be the voting hours for the 15 primary in Orange and Ulster County, the same as 16 it would be for the county that you represent, 17 Monroe, which has voting from noon to 9 p.m., 18 Senator. 19 SENATOR DOLLINGER: I would point 20 out -- Mr. President. So it would apply to the 21 Presidential primary next spring? 22 SENATOR LARKIN: The same as in 23 your county, Senator. 8635 1 SENATOR DOLLINGER: On the bill, 2 Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Dollinger on the bill. 5 SENATOR DOLLINGER: Thank you for 6 taking an extra question. 7 I would love to change the law 8 back in Monroe County so that we voted more. I 9 would like more people to go to the polls, and I 10 would suggest that those in the Republican Party 11 who may support this, that next spring, I 12 assume, if there is any kind of primary -- and 13 we've been told by some state officials that 14 there may not be because they may use sort of 15 our archaic practices in primaries to prevent 16 other Republicans from coming to this state and 17 engaging in a Presidential primary. 18 But we have restructured our 19 Presidential primary system to try to make New 20 York -- with its electoral vote and its 21 importance as an industrial state, we've tried 22 to make New York a focal point of the 23 Presidential primary process. Now the 8636 1 Republican Party has a chance to use New York as 2 a springboard in that process, and in two of our 3 counties in which I would anticipate there would 4 be significant Republican interest in the future 5 of this country, we're now going to shrink the 6 number of voting hours for the first time. For 7 the first time, we will shrink the number of 8 voting hours in counties where people would want 9 to participate in that process. 10 I don't know how that does 11 anything good for the Republican Party. My job 12 isn't necessarily to stand here and tell you 13 what's good for your party, but it seems to me 14 in a Presidential primary where you want the 15 voice of New York to be heard, and you want it 16 to be heard on a national level, you are going 17 to send a message, "Well, we're just going to 18 cut back the voting hours and have our people 19 vote less," give them less of an opportunity to 20 pick the person who will run against the 21 President of the United States in the 1996 22 election. 23 I don't think it makes good sense 8637 1 for Republicans. I don't think it makes good 2 sense for Democrats. I'd change it back in 3 Monroe County if I could. 4 I will be voting no. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 30th day. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT KUHL: Announce 13 the results when tabulated. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar 601 are Senators Abate, 16 Connor, Dollinger, Jones, Kruger, Markowitz, 17 Mendez, Nanula, Onorato, Paterson, Smith and 18 Stachowski, also Senator Oppenheimer. 19 Ayes 34, nays 13. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 SENATOR SKELOS: Mr. President, 23 would you lay aside Calendar Number 994 for the 8638 1 day. 2 ACTING PRESIDENT KUHL: Calendar 3 Number 994 will be laid aside for the day. 4 SENATOR SKELOS: There will be an 5 immediate meeting of the Rules Committee in Room 6 332 of the Capitol. 7 The Senate will stand at ease 8 pending the report of the Rules Committee. 9 Our Majority Leader has indicated 10 that we will be returning on Monday at 10:00 11 a.m. to start a very, very busy week because 12 session, regular session, will end on June 13 15th. So on behalf of our Majority Leader, we 14 urge the members to get their bills in order, 15 make the requests they have to make, so that we 16 can end in an orderly fashion on June 15. 17 So at this time, is there any 18 housekeeping? 19 ACTING PRESIDENT KUHL: We have a 20 little housekeeping, Senator Skelos, if we can 21 take that up at this time. 22 Chair recognizes Senator Farley. 23 SENATOR FARLEY: Yes, Mr. 8639 1 President. On behalf of Senator Stafford, on 2 Calendar Number 1043, Senate Print 1995, I would 3 like to recommit this bill to its appropriate 4 committee and strike the enacting clause. 5 ACTING PRESIDENT KUHL: At the 6 request of the sponsor, Calendar Number 1043 7 will be recommitted to the appropriate committee 8 and the enacting clause will be stricken. 9 Senator Farley. 10 SENATOR FARLEY: Also on behalf 11 of Senator Velella, Mr. President, on page 40, 12 Calendar Number 1197, Senate Print 3663A, I ask 13 that this bill be amended and retain its place 14 on the Third Reading Calendar. 15 ACTING PRESIDENT KUHL: 16 Amendments are received and adopted. Bill will 17 retain its place on the Third Reading Calendar. 18 Chair will announce an immediate 19 meeting of the Rules Committee in Room 332. 20 Immediate meeting of the Rules Committee in Room 21 332, and the Senate will stand at ease. 22 (Whereupon, the Senate was at 23 ease.). 8640 1 ACTING PRESIDENT KUHL: Senate 2 will come to order. Chair recognizes Senator 3 Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could return to reports of standing 6 committees, I believe there is a report of the 7 Rules Committee at the desk and I ask that it be 8 read. 9 ACTING PRESIDENT KUHL: We will 10 return to reports of standing committees. 11 There is a Rules report at the 12 desk. I will ask the secretary to read. 13 THE SECRETARY: Senator Bruno, 14 from the Committee on Rules, reports the 15 following bills - 16 ACTING PRESIDENT KUHL: Senator 17 Stachowski. 18 SENATOR STACHOWSKI: Could you 19 please start over. 20 ACTING PRESIDENT KUHL: Senate 21 will come to order. Chair recognizes Senator 22 Skelos. 23 SENATOR SKELOS: Mr. President, 8641 1 what would we do without Senator Stachowski? 2 SENATOR STACHOWSKI: That's what 3 I'm here for. 4 ACTING PRESIDENT KUHL: If we 5 could return to reports of standing committees, 6 I believe there is a Rules report at the desk. 7 I will ask the Secretary to read. 8 THE SECRETARY: Senator Bruno, 9 from the Committee on Rules, reports the 10 following bills: 11 Senate Print 595, by Senator 12 Montgomery, an act authorizing the City of New 13 York to reconvey its interest in certain real 14 property; 15 Senate Print 1736A, by Senator 16 Larkin, an act to amend the Real Property Tax 17 Law and the Public Service Law, in relation to 18 the definition of special franchise property; 19 2027, by Senator Waldon, an act 20 authorizing the City of New York to reconvey its 21 interest in certain real property; 22 2992, by Senator Farley, an act 23 to amend the Banking Law, in relation to 8642 1 permissible fees in connection with open end 2 loans; 3 3217, by Senator Gold, an act to 4 amend the Penal Law, in relation to metal 5 knuckle knife; 6 3718, reported with amendments, 7 by Senator Maltese, an act to amend the 8 Administrative Code of the City of New York, in 9 relation to the title and compensation of 10 certain police sergeants; 11 3891, by Senator Hoblock, an act 12 to amend the Labor Law, in relation to providing 13 for eligibility for unemployment insurance 14 benefits; 15 4649, by Senator Seward, an act 16 to amend the Alcoholic Beverage Control Law, in 17 relation to authorizing liquor stores to operate 18 on Christmas Eve and New Year's Eve; 19 4688B, by Senator Goodman, an act 20 to amend the Vehicle and Traffic Law, in 21 relation to unlicensed and fraudulent operators 22 of motor vehicle repair shops; 23 4712, by Senator Velella, an act 8643 1 to amend the Insurance Law, in relation to 2 requiring insurers that intend to materially 3 reduce the volume of written policies. 4 All bills ordered directly for 5 third reading. 6 ACTING PRESIDENT KUHL: Senator 7 Skelos. 8 SENATOR SKELOS: Move to accept 9 the Rules report. 10 ACTING PRESIDENT KUHL: The 11 motion is to accept the Rules report. 12 All in favor, signify by saying 13 aye. 14 (Response of "Aye.") 15 Opposed, nay. 16 (There was no response.) 17 Rules report is accepted. All 18 bills are moved directly to third reading. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 there being no further business, the Senate 22 stands adjourned until Monday, June 12th, at 23 10:00 a.m. sharp, intervening days being 8644 1 legislative days. 2 ACTING PRESIDENT KUHL: Without 3 objection, the Senate stands adjourned until 4 Monday, June 12th -- note the time change -- at 5 10:00 a.m., Monday, June 12th, at 10:00 a.m. 6 (Whereupon, at 12:15 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16