Tuesday, January 9, 1996

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 9, 1996 11 2:01 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Would you please rise and repeat 5 with me the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 May we bow our heads in a moment 9 of silence. 10 (A moment of silence was 11 observed. ) 12 Reading of the Journal, please. 13 THE SECRETARY: In Senate, 14 Monday, January 8th. The Senate met pursuant to 15 adjournment, Senator Hoblock in the Chair upon 16 designation of the Temporary President. The 17 Journal of Friday, January 5, was read and 18 approved. On motion, Senate adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 1 Reports of standing committees. 2 The Secretary will read. 3 Reports of select committees. 4 The Secretary will read. 5 THE SECRETARY: Senator Farley, 6 from the Committee on Banks, reports the 7 following bills: 8 Senate Print 2836, by Senator 9 Farley, an act to amend the Banking Law, in 10 relation to money transmitters to eliminate 11 authority to appoint sub-agents; 12 Senate Print 3788, by Senator 13 Farley, an act to amend the Banking Law and the 14 Penal Law, in relation to providing uniform 15 safety at automated teller machines; 16 5436, by Senator Farley, an act 17 to amend the Banking Law, in relation to 18 interstate branching. 19 Senator Lack, from the Committee 20 on Judiciary, reports Senate Print 4228, by 21 Senator DeFrancisco, an act to amend the Lien 22 Law, in relation to notice of lien on account of 23 public improvements; 1 5103, by Senator Saland, an act 2 to amend the Domestic Relations Law, in relation 3 to special relief in matrimonial actions; 4 5107, by Senator Saland, an act 5 to amend the Family Court Act, in relation to 6 the submission of transcripts in Family Court 7 proceedings before a hearing examiner; 8 5754, by Senator Lack, an act in 9 relation to collective bargaining between the 10 Unified Court System and the New York State 11 Court Clerks Association. 12 Senator Hannon, from the 13 Committee on Health, reports Senate Print 602, 14 by Senator Skelos, an act to amend the Public 15 Health Law, in relation to the Senator Tarky 16 Lombardi Nursing Home Without Walls program; 17 1621-A, by Senator Lack, an act 18 to amend the Public Health Law, in relation to 19 the sale of commercial urns; 20 5238, by Senator Hannon, an act 21 to amend the Public Health Law, in relation to 22 quality assurance of managed care plans; 23 5239, by Senator Hannon, an act 1 to amend the Public Health Law, in relation to 2 utilization review agents; 3 Senator Kuhl, from the Committee 4 on Agriculture, reports Senate Print 514-A, by 5 Senator Kuhl, an act to amend the Agriculture 6 and Markets Law, in relation to duties of the 7 Commissioner of Agriculture; 8 1385, by Senator Kuhl, an act to 9 amend the Agriculture and Markets Law, in 10 relation to exempting working search dogs from 11 licensing fees; 12 1475-A, by Senator Kuhl, an act 13 to amend the Agriculture and Markets Law, and 14 the Vehicle and Traffic Law, in relation to 15 exempting farm vehicles; 16 2315, by Senator Kuhl, an act to 17 amend the Agriculture and Markets Law, in 18 relation to the producer referendum under the 19 Rogers-Allen Law; 20 3917-A, by Senator Kuhl, an act 21 to amend the Agriculture and Markets Law, in 22 relation to the disposition of pro rata shares 23 paid to the Milk Producers Security Fund; 1 4875, by Senator Cook, an act to 2 amend the Agriculture and Markets Law, in 3 relation to agricultural practices. 4 Senator LaValle, from the 5 Committee on Higher Education, reports Senate 6 Print 1918, by Senator LaValle, an act to amend 7 the Education Law and the Public Officers Law, 8 in relation to the Board of Regents of the 9 University of the State of New York, reported 10 with amendments; 11 2178, by Senator LaValle, an act 12 to amend the Education Law, in relation to the 13 Board of Regents of the University of the State 14 of New York, reported with amendments; 15 3291, by Senator LaValle, an act 16 to amend the Education Law, in relation to 17 filing of notice of athletic scholarships; 18 3292-A, by Senator LaValle, an 19 act to amend the Education Law, in relation to 20 procedures for standardized testing. 21 Senator Volker, from the 22 Committee on Codes, reports Senate Print 184, by 23 Senator Tully, an act to amend the Penal Law, in 1 relation to menacing in the first degree; 2 188, by Senator Tully, an act to 3 amend the Penal Law, in relation to sexual 4 performance by a child under the age of 18 5 years; 6 208-B, by Senator Rath, an act to 7 amend the Criminal Procedure Law, in relation to 8 prohibiting issuance of an order of recognizance 9 or bail; 10 210-D, by Senator Sears, an act 11 to amend the Penal Law, in relation to dis 12 seminating indecent material to minors through 13 any computer communicating system; 14 500-A, by Senator DiCarlo, an act 15 to amend the Criminal Procedure Law and the 16 Penal Law, in relation to felony sex offenses; 17 522-A, by Senator Skelos, an act 18 to amend the Penal Law, in relation to 19 increasing the penalties for custodial 20 interference; 21 654-A, by Senator Skelos, an act 22 to amend the Executive Law, in relation to the 23 search of criminal history records for persons 1 seeking employment; 2 1638, by Senator Johnson, an act 3 to amend the Penal Law, in relation to 4 possessing an obscene sexual performance by a 5 child; 6 3773, by Senator Volker, an act 7 to amend the Criminal Procedure Law, in relation 8 to submission of written materials to the jury 9 during deliberation; 10 4262, by Senator Volker, an act 11 to amend the Criminal Procedure Law, the Penal 12 Law and the Civil Practice Law and Rules, in 13 relation to assault against a child; 14 5479-A, by Senator Volker, an act 15 to enact the Persistent Child Sexual Predator 16 Act, and to amend the Penal Law. 17 Senator Goodman, from the 18 Committee on Investigations, reports Senate 19 Print 983, by Senator Goodman, an act to amend 20 the Arts and Cultural Affairs Law, in relation 21 to the New York State fine arts collection; 22 4009-B, by Senator Saland, an act 23 to amend the Tax Law and others, in relation to 1 enacting the Omnibus Mandate Relief Act; 2 Senate Print 5617, by Senator 3 Volker, an act to amend the Tax Law, in relation 4 to the imposition of sales and use taxes by the 5 county of Erie. 6 All bills ordered directly to 7 third reading. 8 THE PRESIDENT: Senator 9 Paterson. 10 SENATOR PATERSON: Madam 11 President, we have an objection to any unanimous 12 consent reporting all the bills to third 13 reading. We don't want to object, and I was 14 here last week and we were talking about the new 15 spirit of cooperation, and we don't want to be 16 uncooperative, but there is a bill that we 17 understand will come before the Senate today 18 sponsored by Senator Velella, which is an 19 excellent bill. Many of us are co-sponsors of 20 it. There are seven co-sponsors from this side 21 of the aisle who are unable to actually come to 22 Albany today, and with the -- in light of the 23 state of emergency that has been declared by the 1 Governor up until this morning, we are asking 2 that perhaps Senator Velella's bill be put over 3 until 4 SENATOR SKELOS: Madam President. 5 THE PRESIDENT: Senator Skelos. 6 SENATOR SKELOS: Would Senator 7 Paterson yield to a question? 8 SENATOR PATERSON: Certainly. 9 SENATOR SKELOS: On the list of 10 bills that were just read, was Senator Velella's 11 bill included in that list? 12 SENATOR PATERSON: I didn't hear 13 Senator Velella's bill in that list. 14 SENATOR SKELOS: If these bills 15 are not reported to third reading without 16 unanimous consent, which is necessary, when will 17 be the first time that these bills can be 18 brought up for discussion and vote in this 19 house? 20 SENATOR PATERSON: Oh, no, I have 21 absolutely no problem with those bills, Madam 22 President. 23 SENATOR SKELOS: So the bills 1 that have been read now, you have no objection 2 to those being reported to third reading? 3 SENATOR PATERSON: Not at all. 4 SENATOR SKELOS: I thought your 5 objection was that they be reported to third 6 reading. 7 SENATOR PATERSON: Well, I 8 THE PRESIDENT: Senator Paterson, 9 then the bills that have been read will be 10 reported directly to third reading. 11 SENATOR PATERSON: Madam 12 President, I don't have a problem with those 13 bills, but the reason that I was -- the reason 14 that I was -- was of course, was because of the 15 other bill, and 16 SENATOR SKELOS: If I could raise 17 a point of order, I believe the bills have now 18 been reported to third reading. The bill that 19 Senator Paterson is debating or questioning is 20 not before this house. If he has a question 21 later as to whether we should be voting upon it, 22 then he should bring it up at that time, but 23 presently that bill, Senator Velella's bill, is 1 not one of those that are being read. 2 He's indicated that he's not 3 going to object to these bills being reported to 4 third reading, and I believe the Chair has ruled 5 that the bills, with unanimous consent, have 6 been reported to third reading and perhaps then 7 we can proceed. 8 SENATOR PATERSON: Madam 9 President. 10 THE PRESIDENT: Senator 11 Paterson. 12 SENATOR PATERSON: Let me clarify 13 my position. 14 I certainly don't want to object 15 to these bills being reported to third reading. 16 THE PRESIDENT: Senator 17 Paterson. Are you objecting 18 SENATOR PATERSON: Yes. 19 THE PRESIDENT: -- because you 20 have another problem? Are you objecting to 21 these bills being -- are you objecting to any of 22 these bills being reported to the third reading? 23 SENATOR PATERSON: I'm objecting 1 to all of them being reported to third reading, 2 Madam President. 3 THE PRESIDENT: Then the -- O.K. 4 Then the bills will be reported to the order of 5 first reading. 6 SENATOR SKELOS: If I could have 7 a clarification. I believe about two and a half 8 minutes ago I asked Senator Paterson if he was 9 objecting to the bills being reported to third 10 reading. He indicated no, he was just objecting 11 to a bill that may come up later that was not 12 part of this list. 13 I believe the Chair ruled then 14 the bills are reported to third reading. Now, 15 Senator Paterson is objecting to these bills 16 being reported to third reading which would 17 indicate to me, because I asked the question 18 previously, if you objected to them, when could 19 we first vote on them and you said, "I'm not 20 objecting to them," so the question is now, the 21 Chair has ruled that the bills have been 22 reported to third reading, I believe. 23 THE PRESIDENT: I want -- I 1 believe that Senator Paterson said that he 2 didn't want to object to the bills. 3 SENATOR SKELOS: O.K. Then I 4 stand corrected. So you are then objecting to 5 the bills being reported to third reading when 6 you said you didn't want to do it and then, if I 7 can ask the question I asked originally, if you 8 are going to object to them, when can these 9 bills be voted upon? 10 THE PRESIDENT: Senator 11 Paterson. 12 SENATOR PATERSON: Madam 13 President, I want to apologize to the -- to the 14 Majority if I was unclear. What I mean -- if I 15 could clarify my position, not only for the body 16 but for myself, what I would say is that I don't 17 have a problem with those bills. When I rose, I 18 rose, Madam President, to object, which is what 19 I said at the time. 20 I was then asked a question, 21 basically in terms of substance, do I have any 22 objection to the bills? No, I don't. What I'm 23 saying is, I'm -- I have an objection to the 1 process, and the reason that I have an objection 2 to the process is because we have some members 3 who can't be here because of weather 4 conditions. It would be a little different if 5 it was just a member or two that had a personal 6 illness or something. We actually have eight 7 members that can't be here, but seven are 8 co-sponsors of a bill that's going to come 9 before the Legislature today, and I just thought 10 that it would be a little more prudent to wait 11 until next week and it will take five minutes to 12 pass the bill. 13 And so, this is a procedure 14 reporting directly to third reading, Madam 15 President that is really kind of unprecedented. 16 It is not something that we do in the normal 17 course of business, so there has to be some 18 leniency and some cooperation from both sides of 19 the aisle to allow that to happen. 20 In this particular case, we are 21 being asked to, in a sense, be accommodating at 22 the expense of seven of our members, and I'd 23 like you to know who those members are, Madam 1 President. Senator Babbush is not here. Senator 2 Hoffmann is not here. Senator Markowitz is not 3 here. 4 THE PRESIDENT: Senator DiCarlo, 5 why do you rise? 6 SENATOR PATERSON: Senator 7 Oppenheimer is not here. 8 SENATOR DiCARLO: Will Senator 9 Paterson yield to a question? 10 SENATOR PATERSON: Can I just 11 finish the list of the Senators that are not 12 here. 13 THE PRESIDENT: Yes, complete the 14 list, please, and then I'd recognize Senator 15 DiCarlo. 16 SENATOR PATERSON: Senator 17 Leichter is not here. Senator Santiago is not 18 here and Senator Waldon is not here. 19 These Senators are co-sponsors of 20 this bill. They have worked to see this bill 21 passed. They have worked to see this law 22 enacted, and this is a piece of legislation they 23 would want to be a part of. When you look at 1 the record in retrospect, when you look at the 2 record in July, nobody remembers why they 3 weren't here for its passage and people ask 4 these questions. 5 THE PRESIDENT: Senator Paterson, 6 will you yield to a question? 7 SENATOR PATERSON: Well, I'll 8 yield to a question right after I finish the 9 list, and the reason why I was giving you the 10 list, Madam President. 11 THE PRESIDENT: Senator Skelos, 12 why do you rise? 13 SENATOR SKELOS: For my infor 14 mation, is that bill before the house? He's 15 telling us about members that are co-sponsoring 16 a bill, a bill that's not before the house. 17 THE PRESIDENT: No, it's not. 18 SENATOR PATERSON: Madam 19 President, I'm just trying to finish my 20 statement and, when I'm finished, I'll entertain 21 any questions from anybody, and I have a right 22 to object, even if the bill is not before the 23 house, even if the bill is not on that list. 1 If the bill relates to something 2 for which I am being asked to accommodate other 3 bills, then I see the connection. Now, if the 4 Majority does not, then, that's fine but that's 5 the reason that we're raising the point that why 6 are we going to be asked to accommodate the 7 Majority in this particular situation by 8 allowing bills to go directly to third reading 9 when we have to then -- I've been informed that 10 we're going to be voting on a bill in which 11 seven of our members who can't be here because 12 of a statewide emergency can't vote on the 13 bills, and that's why I draw a connection 14 between those two situations. 15 Yes, in a way, I am using those 16 bills to demonstrate the fact that there's a 17 process for which the members of the Minority 18 object. But it's just a -- a fashion of trying 19 to bring forth a message, and that message being 20 that we want to be fair. We want to be 21 cooperative. 22 We can report a number of bills 23 to -- directly to third reading to speed up the 1 legislative process. That's what we want to do, 2 but we don't want to see members who aren't here 3 lose the opportunity to vote on a bill when we 4 could do it in five minutes on Tuesday. 5 THE PRESIDENT: Senator Skelos. 6 Senator Skelos, and then Senator DiCarlo. 7 SENATOR SKELOS: I yield to 8 Senator DiCarlo. 9 SENATOR DiCARLO: Thank you. 10 Senator Paterson, would you yield 11 for a question? 12 THE PRESIDENT: Senator Paterson, 13 would you yield to a question, please? 14 SENATOR PATERSON: Most 15 certainly, Madam President. 16 SENATOR DiCARLO: Senator, it 17 seems you're objecting to something that hasn't 18 come to the floor yet, objecting to it based on 19 the fact that some colleagues are not here in 20 this chamber with the rest of us. Is that 21 basically the case? 22 SENATOR PATERSON: That is 23 correct, Madam President. The Senator is 1 correct. 2 SENATOR DiCARLO: And the reason 3 that you're saying that these Senators are not 4 in the chamber is because of an emergency 5 downstate, is that correct, with snowfall that 6 we've had? 7 SENATOR PATERSON: That is the 8 information that many of them have given us as 9 to why they can't be here today, Senator. 10 SENATOR DiCARLO: Senator 11 Paterson, when did you arrive in Albany, if I 12 might ask? 13 SENATOR PATERSON: 11 years ago, 14 Senator. 15 SENATOR DiCARLO: This week. 16 This week, Senator. 17 THE PRESIDENT: Senator DiCarlo. 18 SENATOR DiCARLO: I asked when he 19 arrived this week in Albany. 20 THE PRESIDENT: Senator 21 Paterson. 22 SENATOR PATERSON: When I most 23 recently arrived? 1 SENATOR DiCARLO: When you most 2 recently arrived. 3 SENATOR PATERSON: On Sunday. 4 SENATOR DiCARLO: On Sunday. 5 Senator Paterson, I arrived on Sunday also and I 6 think many of our legislators and Senators who 7 were serving and were sent here by our 8 constituents came to Albany early, and I think 9 one of the reasons I came to Albany on Sunday 10 and many other Senators came on Sunday is 11 because we all knew that we were having a 12 snowstorm in the downstate region as far back as 13 last Wednesday, isn't that true, from weather 14 reports? 15 THE PRESIDENT: Senator Paterson. 16 Senator Skelos. 17 SENATOR DiCARLO: To rephrase 18 that, when were you aware that we were going to 19 have snow in the New York City region? 20 SENATOR PATERSON: Senator, many 21 of our colleagues had obviously other 22 obligations that were set before the snowstorm. 23 We didn't schedule the snowstorm. Those of us 1 who had the opportunity or those such as 2 yourself, who had a predilection about the 3 weather and were able to get here before, 4 certainly should be commended, but what we're 5 doing here today, I would hope, Senator, is the 6 same thing we always do around the state that 7 when there's a part of the state that is 8 affected by some sort of condition and maybe not 9 all of the Senators from that area could get out 10 at the same time, we would 11 SENATOR DiCARLO: Senator 12 Paterson, do you know when Senator Skelos 13 arrived in Albany? 14 SENATOR PATERSON: Do I know when 15 Senator Skelos arrived in Albany? 16 SENATOR DiCARLO: For this week, 17 not 12 years ago. 18 SENATOR PATERSON: Could you hold 19 on just a second? 20 SENATOR SKELOS: Senator 21 Marcellino and I left Long Island in the middle 22 of the snowstorm yesterday at 10:00 a.m., and we 23 arrived here at 1:30 ready to do the people's 1 business, and certainly a day later we're ready 2 to do the people's business. 3 SENATOR DiCARLO: Senator 4 Paterson, if I might just -- the reason I rise 5 and ask you these questions that we all are 6 aware that we had snow down in the New York City 7 downstate region, and the point that I made 8 about when were we made aware of this fact, the 9 weather forecasters told us on Wednesday and 10 Thursday that it was practically guaranteed that 11 we were getting a foot to two feet of snow over 12 the week end, and then on Friday and Saturday it 13 came down to the region that if you wanted to 14 leave the downstate region to get up here to be 15 in Albany, to be in your offices on Monday, you 16 better leave a little early on Sunday to not be 17 hit with the storm. I object that I was here in 18 Albany yesterday ready to work. When I came 19 from Brooklyn, which had 29 inches, more than 20 Manhattan did, but I got here to do the work of 21 the people and we sat around here and did 22 nothing yesterday because there were some 23 legislators who had a problem getting to work on 1 time. 2 Now, I don't know, the excuse is 3 being used for the City and Long Island 4 legislators or Westchester about the snow, but I 5 want to know what was still going on in Syracuse 6 that our Syracuse Senator isn't here. 7 THE PRESIDENT: Senator 8 Paterson. 9 SENATOR PATERSON: I -- Madam 10 President. 11 THE PRESIDENT: Yes, Senator 12 Paterson. 13 SENATOR PATERSON: Well, I think 14 it's terrific that -- that so many Senators, 15 considering this incident, were able to actually 16 get here, but I would like to point out that one 17 of the reasons that I understood that the 18 session was cancelled yesterday is that the 19 Governor had set a statewide emergency and so 20 that, although Senators could travel, it was 21 asked of the residents of the state that anyone 22 who could avoid traveling do that, and so that 23 that cancellation yesterday was an accommodation 1 to those members that couldn't be here. 2 As for today, there is still a 3 problem. The AMTRAK was not running this 4 morning from Penn Station in New York City. 5 There's at least one Senator that got on the 6 AMTRAK that didn't get out of New York City this 7 morning, and so I'm just suggesting that I think 8 Senator DiCarlo is right, that in those cases 9 where it's possible that preparation is always 10 the best order and timely departure is the best 11 order, that that may not have been possible in 12 all cases, and I was just feeling that as an 13 accommodation to our colleagues, all of whom 14 are 15 SENATOR VELELLA: Could I ask you 16 a question? 17 THE PRESIDENT: Senator Velella. 18 SENATOR VELELLA: Senator, I'm 19 the sponsor of the bill that I believe you're 20 directing your question to and that you have the 21 problem with. Do any of the members that you 22 listed have a strong objection to this bill that 23 they want to be cast in the negative against 1 this bill? 2 THE PRESIDENT: Senator 3 Paterson. 4 SENATOR VELELLA: Delay the 5 passage of this bill or oppose the concept of 6 this bill? 7 SENATOR PATERSON: Madam 8 President. 9 THE PRESIDENT: Senator 10 Paterson. 11 SENATOR PATERSON: I want Senator 12 Velella to be aware that I'm a co-sponsor of 13 this bill, and I did not read the names of all 14 the Senators that are not present. I read the 15 names of the Senators who are not present who 16 are co-sponsors of your bill; so this whole 17 discussion has nothing to do with the substance 18 of your bill. 19 If anything, it is really out of 20 their admiration for your work that they want to 21 be here and vote for the bill and that at some 22 point in the future, not be penalized for 23 appearing to not be present at the time this 1 rather important piece of legislation passed, 2 and I don't say that with any 3 SENATOR VELELLA: Will you yield 4 to another question? 5 SENATOR PATERSON: Yes. 6 THE PRESIDENT: Senator Velella. 7 SENATOR VELELLA: Have you always 8 been present for every vote on every bill that 9 you supported in this house? I know that I've 10 been absent on several that I was a co-sponsor 11 on and didn't support for one reason or 12 another. 13 To me, it seems rather strange 14 that the people who support my bill want to 15 delay it further so that they can come and be 16 here when it passes when they know it's going to 17 pass anyway. Their name is going to be on it. 18 They're going to be able to write their news 19 letters. They're going to be able to have their 20 press releases and to use it for those purposes, 21 and granted I appreciate their supporting me in 22 a bipartisan fashion. 23 I think, however, you do a 1 disservice by delaying a bill that they support, 2 that -- this is a major bill that's going to 3 save a few lives, that every day there is a 4 potential for a child or mother to be released 5 from a hospital and for them to have serious 6 health problems and maybe die as a result of 7 it. 8 I think they would applaud 9 getting this out as quick -- as fast as 10 possible. The Assembly has indicated they want 11 to move full steam ahead. The Governor pointed 12 out in his State of the State message that this 13 was a priority. It's a bill to save lives. 14 I guess sometimes the old saying 15 that you ought not look too closely at good laws 16 and good sausage being made is true. I don't 17 understand. We all agree this is a good bill. 18 This is something that everybody wants, and why 19 the heck are we bickering over what day we pass 20 it? 21 Let's get it done; let's get it 22 moved. If we have some differences, let's get 23 on the road to resolving them, and the bottom 1 line is we'll be able to save a few lives a lot 2 sooner. There are babies and mothers being 3 released from hospitals that should not be 4 released. We've had deaths. We've had the 5 testimony. We've seen the problem. Let's act 6 and stop playing petty politics and bickering 7 and jockeying. 8 I publicly announce everybody 9 that's on the bill equally shares the credit 10 with me. Everybody should issue their press 11 releases from their district office, from their 12 Albany office. Everybody should write a letter 13 saying that they did it. Publicly acknowledge 14 it. Senator Velella, the prime sponsor of the 15 bill, says they did it with me. 16 THE PRESIDENT: Senator 17 Paterson. You raise a point as to the 18 prematurity of this bill. Senator Gold seems to 19 have something to say. 20 SENATOR PATERSON: Madam 21 President. 22 SENATOR GOLD: Madam President, 23 there was a question and Senator Paterson has 1 the floor. I don't want to step on that. I ask 2 for recognition from the Chair when it's 3 appropriate to recognize me, and I appreciate 4 your comments, but I think Senator Velella and 5 Senator Paterson should be entitled to 6 preference. 7 THE PRESIDENT: Just a moment. 8 Senator Bruno, why do you rise? 9 SENATOR BRUNO: Madam President, 10 I would like to ask that we call a little time 11 here and, I'm going to suggest we just recess 12 for a few minutes, but in the interim, I would 13 like to ask for an immediate meeting of the 14 Rules Committee in Room 332, and that will give 15 us a chance to deliberate here while that is 16 going on. With your indulgence, Senator. 17 THE PRESIDENT: The Senate will 18 recess, and there will be an immediate meeting 19 of the Rules Committee. 20 SENATOR BRUNO: Just at ease, at 21 ease, Madam President, while the Rules Committee 22 is meeting. 23 THE PRESIDENT: The Senate is at 1 ease. 2 (The Senate stood at ease from 3 2:29 p.m. until 2:39 p.m.) 4 THE PRESIDENT: The Senate will 5 come to order, please. 6 Senator Paterson, why do you 7 rise? 8 SENATOR PATERSON: Madam 9 President, I'm -- I'm very happy we had this 10 recess because it gave me a chance to reflect, 11 to think about the things that the Minority 12 Leader said last week and the Majority Leader 13 said last week and the cooperation we're going 14 to have and maybe I raced so quickly to get up 15 here Sunday, I'm just out of sync' with the 16 process, because I was really just trying to 17 point out that the unanimous consent to go to 18 third reading, something that would expedite the 19 process, is something that is an accommodation 20 that one side of the aisle gives to another and 21 with our assurance that there is a very high 22 number of absentee Senators today and that seven 23 of them are among the 19 on this side of the 1 aisle who are very much in support of Velella's 2 bill -- Senator Velella's bill and the fact that 3 this is not an agreed-upon bill and will be 4 negotiated with the Assembly, so if it passed 5 Tuesday or if it passed today would be rather 6 inconsequential to the actual time that it 7 becomes law, we wanted to make that point. 8 Senator Velella otherwise is 9 right. I don't want to minimize the gravity of 10 the content of his bill. We certainly hope it 11 passes and that it saves lives and in that 12 spirit, Madam President, I withdraw the 13 objection to the report of the standing 14 committees. 15 THE PRESIDENT: Senator Paterson, 16 the motion before the house is to report the 17 bills that were just read to third reading. 18 Without objection, all bills are reported 19 directly to the third reading. 20 Reports of select committees. 21 Reports of select committees? 22 SENATOR BRUNO: Madam President, 23 can we now receive the report of the Rules 1 Committee which I believe is at the desk. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: Senator Bruno, 5 from the Committee on Rules, reports the 6 following bill directly to third reading: 7 Senate Print 5742, by Senator 8 Velella, an act to amend the Insurance Law, in 9 relation to establishing the mandatory minimum 10 coverage for hospital confinement for child 11 birth. 12 THE PRESIDENT: All those in 13 favor of accepting the report of the Rules 14 Committee signify by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 THE PRESIDENT: The report is 19 accepted. 20 Senator Bruno. 21 SENATOR BRUNO: Can we take up 22 the bill at this time, Madam President. 23 THE PRESIDENT: The Secretary 1 will read. 2 THE SECRETARY: Calendar Number 3 1, by Senator Velella, Senate Print 5742, an act 4 to amend the Insurance Law, in relation to 5 establishing the mandatory minimum coverage for 6 hospital confinement for child birth. 7 THE PRESIDENT: Read the last 8 section please. 9 THE SECRETARY: Section 4. 10 SENATOR PATERSON: Madam 11 President. 12 THE PRESIDENT: Oh, Senator 13 Paterson. 14 SENATOR PATERSON: Yes, Madam 15 President, I'm back. 16 THE PRESIDENT: Welcome. 17 SENATOR PATERSON: Kind of like 18 poltergeist, Madam President. 19 Would the sponsor yield for a 20 brief question? I don't need an explanation of 21 the bill. 22 THE PRESIDENT: Senator Velella. 23 SENATOR VELELLA: Yes. 1 SENATOR PATERSON: Senator 2 Velella, do you have any ideas, in negotiating 3 with the Assembly, because this is really an 4 excellent bill and we did not mean to demean its 5 importance with the discussion about the rules, 6 and as quickly as it can be enacted into law I 7 hope it is. Do you have any ideas as to how the 8 issue may be resolved about Medicaid patients 9 who may not be protected as well as the bill 10 stands right now as opposed to the way it's 11 formulated in the Assembly? 12 THE PRESIDENT: Senator Velella. 13 SENATOR VELELLA: Let me respond 14 by giving you a little bit of history on this. 15 This bill came up last -- toward the very end of 16 last session, and we put in a bill and there 17 were some questions about whether or not it was 18 properly drafted, so before we got out of town 19 we did not have enough time to enact the bill. 20 During the recess, the Governor 21 called me to tell me that he thought this was a 22 priority and wanted to see it moved. I then 23 called Assemblyman Gottfried at the Governor's 1 request, to do a bill together and the Governor 2 said that, if we can get this together, a simple 3 48 hours and a five-day stay -- a four-day stay 4 for a C-section, he would be happy to give a 5 bill to both Assemblyman Gottfried and myself, 6 join in that bipartisan spirit, have a press 7 conference with all the co-sponsors and move 8 this thing as a priority bill as soon as the 9 session was back, as soon as we went back into 10 session. 11 I spoke with Assemblyman 12 Gottfried; our staffs have been talking about it 13 and we have been unable to resolve a few small 14 issues. 15 The issue of the question of 16 Medicaid funding under this program is something 17 that really doesn't relate to this bill. The 18 purpose of this bill is to get to the issue that 19 there are insurance companies in this state that 20 are making medical decisions and denying women 21 and children reimbursement under their policies 22 for coverage beyond 24 hours in the hospital. 23 The motive behind that, as I see 1 it, is a profit motive, private companies 2 telling people they have to get out of the 3 hospital quickly. We don't have that profit 4 motive in the Medicaid piece of coverage. The 5 average stay for a Medicaid patient is a 6 three-day stay beyond what we're mandating in 7 this. That's the average. The DRG that 8 regulate those stays provide for that, so that 9 it really isn't a major Medicaid issue. 10 This is an issue about companies 11 that are turning people out of hospitals, babies 12 and mothers, within 24 hours because of a greed 13 or profit motive. We want to see that 14 eliminated. That will really not be. That is 15 not a motive under the Medicaid system and, in 16 fact, our research shows that the average stay 17 of a person giving birth, a normal delivery in a 18 Medicaid situation is about three days on the 19 average, some leave a little sooner, some stay a 20 little longer, so I don't see it as a real, real 21 issue. 22 If Assemblyman Gottfried wants to 23 put some language in there for whatever purpose, 1 whether it be cosmetic or whatever, we'll talk 2 about it. I don't know, if it's not going to 3 make a difference in the law, if he feels more 4 comfortable with it, we might be able to do 5 something in a conference committee. 6 THE PRESIDENT: Senator 7 Paterson. 8 SENATOR PATERSON: Madam 9 President, I want to thank Senator Velella for 10 a very complete answer. The purpose of the 11 question was to create a law that actually 12 responds equitably to all people who are in 13 this condition so that down the road, anything 14 that may transpire when we look back and check 15 the statute, that the law applies equally to 16 all situations. 17 It's a tremendous bill. I 18 commend Senator Velella. I'm happy to see the 19 Governor wanted to make it a priority. I know 20 it's Bill No. 1 on this calendar, and I hope it 21 passes soon. 22 THE PRESIDENT: Thank you. 23 Senator Dollinger. 1 SENATOR DOLLINGER: Yes. 2 On page 2 of the bill, it 3 talks about the followup, talks about the 4 followup home care if the mother is discharged 5 within the 48 hours, the 96 hours, and my 6 question is, it says "Coverage shall be at a 7 minimum and includes..." 8 I'll say right up front this is 9 a good bill. Is this in addition to rather 10 than in lieu of any home care coverage 11 available pursuant to this chapter? What are 12 the current standards of available home health 13 care to mothers with infants, and how will this 14 add that extra visit? 15 I'm just trying to figure out 16 what is their purpose. 17 SENATOR VELELLA: At any time. 18 It's my understanding there is no statutory 19 mandate as to what type of followup can be 20 had. 21 Our committee had public 22 hearings. The case of Brian Jones is on 23 everyone's mind, that was the young boy who 1 died when he was released from the hospital 2 prematurely, was born with only three chambers 3 in his heart, it was not detected, he was 4 released within 24 hours as a normal, healthy 5 child when, in fact, he had a defective heart 6 which ultimately caused his death. 7 But, the point is, under the 8 plan that his parents had, she had to get out 9 in 24 hours but she was entitled a home health 10 care visit by a "health worker". Now, the 11 health worker came and told the mother the 12 whole problem was she didn't know how to 13 position the baby for nursing and that when she 14 was properly instructed how to position the 15 baby for nursing, the baby would be great, get 16 his color back, would not be yellow any more, 17 would not show jaundice symptoms. 18 That person, while sincere, was 19 totally unqualified to make that visit and to 20 assess the health of that child. We want to 21 stop that by putting in that there should be 22 licensure, a licensed health professional, and 23 allowing the Health Department to make the 1 regulations as to what that health professional 2 should do when they go to the site. They must 3 be licensed and they should have had training 4 in postpartum examinations. 5 So, the purpose of that is to 6 say that beyond the health care worker, we want 7 a health care professional; and whatever your 8 company may give you in terms of a commitment 9 that someone will visit within 24 hours after 10 you are released from the hospital, if you 11 discharge immediately, we want to set a 12 standard in there that isn't there now to say 13 it must be someone with some ability to make a 14 rational judgment because someone visiting and 15 making the wrong diagnosis, as in the case of 16 the Jones baby, was worse than if nobody 17 visited, because if nobody had visited, the 18 parents would have pursued additional medical 19 advice because they thought there was something 20 wrong when the so-called health care worker 21 came and saw these signs and assured the family 22 it was just the positioning of the child for 23 breastfeeding that led the family to wait a 1 little longer, which was really the problem. 2 SENATOR DOLLINGER: But in 3 essence 4 THE PRESIDENT: Senator 5 Dollinger. 6 SENATOR DOLLINGER: Again, 7 through you, Madam President, just so I 8 understand it, what this now says is however 9 much home health care a mother and infant would 10 get 11 SENATOR VELELLA: I'm sorry, I 12 was distracted. 13 SENATOR DOLLINGER: What this 14 bill says, in essence, if your HMO says that 15 you get so much home health care with a 16 provider of their choice, what we're saying in 17 this bill is whatever that says, you now have 18 to add on a licensed professional, more 19 competent to analyze and assess. You talk 20 about the physical assessment, I think those 21 are the skills that we do need for mothers and 22 children. This will put a single additional 23 required licensed professional, health care 1 provider, one additional one as a prerequisite 2 of all that HMO coverage. Whatever they have 3 now, this adds one visit with, in essence, a 4 professional of our dictation, rather than 5 their choice. 6 SENATOR VELELLA: Only in 7 those circumstances where a woman has given 8 birth, has left the hospital in less than 48 9 hours, she feels fine, the baby looks fine, the 10 doctor says everything's okay, takes the baby 11 home, she's entitled to that extra visit; 12 instead of 40, it will be 41 for the total 13 package. 14 SENATOR DOLLINGER: On the 15 bill, Madam President. I think this is a good 16 bill. I commend Senator Velella and the other 17 sponsors of this bill. 18 I had three children, all of 19 whom suffered from jaundice, two of whom had to 20 be taken back to the hospital after they came 21 home because they were detected as having 22 jaundice because of a blood incompatibility 23 between their blood and their mother's blood. 1 So, the notion of extending to women, all the 2 women of this State, the option if they do go 3 home early to get additional services above and 4 beyond those currently provided by their HMO is 5 a good idea. 6 And I also think philosophi 7 cally this is an important moment for us and I 8 commend the sponsor and the chief sponsor for 9 this because as we move in this rapid 10 progression to HMOs and as we move to an 11 environment - and we talked about this today in 12 the Health Committee with Senator Hannon - as 13 we move to an environment in which we're going 14 to allow the private sector to set the 15 standards for health care and because we have a 16 concern, a philosophical concern about 17 overregulating this industry that's going to be 18 subject to competition, we have to remember 19 that it is our fundamental responsibility to 20 intervene in that system when, in our judgment, 21 to protect the public interests, we need to be 22 able to say, "I'm sorry, whatever you want to 23 do for pregnant women who give birth, it isn't 1 enough under the competitive private sector 2 model." 3 And we have to continue to be 4 attentive to those instances in which the 5 public interest requires that we do more, and I 6 think this is a clear example of that. I know 7 there will be other examples, and this is a 8 reminder to us that we need to continue to be 9 vigilant, that we don't allow the competitive 10 model to drive our health care system to a 11 state where we are only barely protecting women 12 and children. 13 I think we have got to provide 14 more than just bare protection because of the 15 dangers presented, not just in the Jones case, 16 the dangers presented in my own family's case. 17 18 I think this is a good bill, I 19 think it's a good trend, and it sends a good 20 message to people about this State. We're 21 going to be vigilant and not allow a 22 competitive health care model to make all the 23 public interest decisions, we're still going to 1 contain that power and intervene when 2 necessary. 3 Congratulations. 4 THE PRESIDENT: Thank you, 5 Senator. 6 Senator Bruno. 7 SENATOR BRUNO: I would like 8 to, as I believe you're concluding debate, just 9 acknowledge the good will that is represented 10 on both sides of the aisle as we relate, Madam 11 President, to something that's critically 12 important to the people of this State; and I 13 really firmly believe that your indulgence sets 14 the tone for a session that's going to be 15 extremely productive for the people of this 16 State. 17 Thank you. 18 THE PRESIDENT: Thank you, 19 Senator Bruno. 20 Read the last section, please. 21 THE SECRETARY: Section 4. 22 This act shall take effect on the 180th day. 23 THE PRESIDENT: Call the roll. 1 (The Secretary called the 2 roll.) 3 SENATOR HANNON: To explain my 4 vote. 5 THE PRESIDENT: Senator Hannon 6 to explain his vote. 7 SENATOR HANNON: Yes. I would 8 like to explain my vote. I just want to 9 congratulate Senator Velella for his seizing 10 upon this issue. In fact, if he had acted 11 upon it last June, we would probably be first 12 in the nation when he had introduced it and 13 correctly recognized that this brings home the 14 tension between what people can do for quality 15 care and what they can do for trying to save 16 money and rewrite a balance that had gotten too 17 far. 18 There are problems, however, in 19 terms of the inability of any state to reach 20 all people who are covered because of the 21 federal preemption under ERISA, and that, of 22 course, leaves us with a number of choices that 23 are difficult because you not only are 1 prevented from reaching all covereds when 2 you're dealing with HMOs, but also with the 3 traditional fee for service, and we would be 4 looking to work with the whole business 5 community and through this administration of 6 Governor Pataki's to reach out to that business 7 community so that they might afford to their 8 covereds, especially through the largest 9 corporations, what would be a reasonable 10 balance of care so that people would keep and 11 gain a confidence in this system that Senator 12 Velella has introduced for the HMOs, and so I'm 13 very happy to support this bill. Thank you. 14 THE PRESIDENT: Thank you, 15 Senator Hannon. 16 Would you repeat the results? 17 THE SECRETARY: Ayes 47. 18 THE PRESIDENT: The bill is 19 passed. 20 Senator Bruno. 21 SENATOR BRUNO: Madam 22 President, can we, at this time, return to 23 resolutions and move for their immediate 1 adoption? 2 THE PRESIDENT: All those in 3 favor of adopting the Resolution Calendar, 4 signify by saying aye. 5 (Response of "Aye.") 6 Opposed, nay. 7 (There was no response.) 8 The Resolution Calendar is 9 adopted. 10 Senator Bruno. 11 SENATOR BRUNO: Madam 12 President, we are in the process of printing a 13 piece of legislation that's important that we 14 move and I am told that we have a mechanical 15 problem that's going to get resolved in about 16 ten minutes. So, I would respectfully ask the 17 members to stand at ease for about ten minutes. 18 THE PRESIDENT: The Senate 19 will stand at ease. 20 (The Senate stood at ease from 21 2:56 p.m. to 3:03 p.m.) 22 ACTING PRESIDENT FARLEY: 23 Senator Bruno. 1 SENATOR BRUNO: Mr. President, 2 can we ask for an immediate meeting of the 3 Rules Committee in room 332? 4 ACTING PRESIDENT FARLEY: The 5 Rules Committee will meet in room 332 6 immediately, and the Senate will continue to 7 stand at ease. 8 (The Senate continued to stand 9 at ease.) 10 THE PRESIDENT: Senator Bruno. 11 SENATOR BRUNO: Madam 12 President, can we have the report of the Rules 13 Committee, please? 14 THE PRESIDENT: The Secretary 15 will read. 16 Senator Bruno from the 17 Committee on Rules reports the following bill: 18 Senate Print 5758 by Senator Johnson, an act 19 authorizing the extension of time for the 20 collection of taxes without interest in Suffolk 21 County in 1996 as a result of the severe 22 weather conditions in such county. 23 SENATOR BRUNO: Move we adopt 1 that report, Madam President. 2 THE PRESIDENT: All those in 3 favor of accepting the report of the Rules 4 Committee, signify by saying aye. 5 (Response of "Aye.") 6 Opposed, nay. 7 (There was no response.) 8 The report is accepted. 9 Senator Bruno. 10 SENATOR BRUNO: Madam 11 President, can we now at this time take up 12 Calendar No. 49? 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar No. 16 49 by Senator Johnson, Senate Print 5785, an 17 act authorizing the extension of time for the 18 collection of taxes without interest in Suffolk 19 County in 1996 as a result of the severe 20 weather conditions in such county. 21 THE PRESIDENT: Senator Bruno. 22 SENATOR BRUNO: Madam 23 President is there a Message of Necessity at 1 the Desk on this bill? 2 I move that we accept the 3 Message at that time. 4 THE PRESIDENT: All those in 5 favor of accepting the Message, signify by 6 saying aye. 7 (Response of "Aye.") 8 Opposed, nay. 9 (There was no response.) 10 The Message is accepted. 11 SENATOR BRUNO: At this time, 12 move to read the last section. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3, this 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll, 18 please. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes - 22 THE PRESIDENT: Senator 23 Paterson. 1 SENATOR PATERSON: Madam 2 President, we just have a question; nothing 3 wrong with this bill, we just have a question. 4 THE PRESIDENT: To whom are 5 you addressing it? 6 SENATOR PATERSON: The sponsor 7 or to whom may concern. 8 THE PRESIDENT: Senator 9 Johnson. 10 SENATOR JOHNSON: Yes. 11 SENATOR PATERSON: Senator, 12 the substance of the bill is quite 13 self-explanatory. Are there any other regions 14 where this same problem may arise? Is there 15 any reason we're doing it just for Suffolk 16 County - 17 SENATOR JOHNSON: Where are 18 you reading? 19 SENATOR PATERSON: -- cover all 20 the residents that may be affected? 21 THE PRESIDENT: Senator 22 Johnson? 23 SENATOR JOHNSON: Senator, 1 this was brought to the attention of the 2 Suffolk County members by the respective town 3 supervisors and county executive, et cetera, 4 and asked to get this bill out. 5 If you want to do it for 6 another county -- it's the County Tax Act, 7 which is unique. 8 SENATOR PATERSON: Thank you, 9 Senator. 10 THE PRESIDENT: The results, 11 please. 12 THE SECRETARY: Ayes 47. 13 THE PRESIDENT: The bill is 14 passed. 15 Senator Bruno. 16 SENATOR BRUNO: Madam 17 President, I believe there is a report from the 18 Transportation Committee; can that be read at 19 this time? 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: Senator Levy 23 from the Committee on Transportation reports 1 the following bills: Senate Print 34 by 2 Senator Holland, an act to relocate the Spring 3 Valley toll plaza of the New York State 4 Thruway; 5 95, by Senator Volker, an act 6 to amend the Vehicle and Traffic Law in 7 relation to authorizing villages and towns to 8 regulate traffic; 9 319, by Senator Levy, an act in 10 relation to requiring Department of Motor 11 Vehicles to inform the public of problems 12 associated with nighttime driving; 13 322, by Senator Levy, an act in 14 relation to requiring the Commissioners of 15 Motor Vehicles, Transportation and Education to 16 develop a uniform definition of terms "school" 17 and "school bus", reported with amendments; 18 331, by Senator Levy, an act to 19 amend the Vehicle and Traffic Law in relation 20 to distinctive plates for police officers 21 wounded in the line of duty; 22 369, by Senator Levy, an act to 23 amend the Vehicle and Traffic Law in relation 1 to authorizing the proration of registration 2 fees for stolen motor vehicles; 3 429, by Senator Levy, an act in 4 relation to authorizing the Commissioner of 5 Transportation and others to develop and 6 implement a uniform statewide system, reported 7 with amendments; 8 610, by Senator Stafford, an 9 act to amendment the Vehicle and Traffic Law in 10 relation to the operation of school buses; 11 1491, by Senator LaValle, an 12 act to amend the Vehicle and Traffic Law in 13 relation to traffic control signal indicators; 14 3186, by Senator Wright, an act 15 to amend the Vehicle and Traffic Law in 16 relation to allowing commercial vehicles to 17 have distinctive plates; 18 3488-A, by Senator Levy, an act 19 to amend the Public Authorities Law in relation 20 to requiring the Metropolitan Transportation 21 Authority to implement and maintain subway 22 station signs; reported with amendments; 23 4857, by Senator Levy, an act 1 to amend the Vehicle and Traffic Law in 2 relation to increasing fines associated with 3 passing school buses. 4 All bills ordered directly for 5 third reading. 6 THE PRESIDENT: Without 7 objection, all bills will go directly to third 8 reading. 9 Senator Bruno. 10 SENATOR BRUNO: Madam 11 President, is there any housekeeping at the 12 Desk? 13 THE PRESIDENT: No, there is 14 not. 15 SENATOR BRUNO: There is no 16 housekeeping. Then there being no further 17 business to come before the Senate, I move that 18 we stand adjourned until January 16th, Tuesday, 19 at 3 p.m., intervening days being legislative 20 days. Thank you. 21 THE PRESIDENT: Without 22 objection, the Senate stands adjourned until 23 Tuesday, January 16th at 3 p.m., intervening " 1 days to be legislative days. 2 (Whereupon, the Senate 3 adjourned at 3:09 p.m.) 4 5 6