Monday, February 26, 1996

1397 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 26, 1996 10 3:00 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LIEUTENANT GOVERNOR BETSY McCAUGHEY ROSS, 18 President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1398 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate 3 will come to order. 4 Since the floor is very 5 crowded, anyone who does not have business 6 before the Senate may choose to take a seat in 7 the gallery. 8 Would everyone please rise and 9 repeat with me the Pledge of Allegiance. 10 (The assemblage repeated the 11 Pledge of Allegiance to the Flag.) 12 The invocation today will be 13 given by Dr. Evelyn John, who is pastor of the 14 New Life Center of Truth in Brooklyn. 15 Reverend John. 16 REV. DR. EVELYN JOHN, Pastor, 17 New Life Center of Truth: Let us get still. I 18 know that wherever we are, God is. Let us 19 pray. 20 Loving Father-Mother God, we 21 give Thee thanks for this beautiful day, but 22 most of all, we give Thee thanks that we can 23 come once more into this Senate so that we can 1399 1 praise You and thank You for giving these 2 people here this beautiful opportunity and 3 privilege of serving and building a nation. 4 We ask that You guide them in 5 all they undertake so that Your people and our 6 country will be prospered in Your own special 7 way. 8 We ask a special blessing upon 9 the Governor this day; grant him the wisdom and 10 the intelligence, O God, to guide and direct 11 all the deliberations so that whatever is 12 considered, we know that this nation and all 13 nations that touch this nation will be blessed 14 in a special way. 15 So lovingly and joyfully 16 relieve all the fears now of this meeting into 17 Your care and keeping, knowing that Your Holy 18 Spirit is now in complete control and all is 19 well. 20 We thank You, O God, for we 21 know that You hear and answer all our prayers 22 and together we say amen. Amen. 23 THE PRESIDENT: Thank you 1400 1 Reverend John. 2 The reading of the Journal, 3 please. 4 THE SECRETARY: In Senate, 5 Friday, February 23rd, the Senate met pursuant 6 adjournment, Senator Hoblock in the chair. 7 The Journal of Thursday, February 22nd was read 8 and approved. On motion, Senate adjourned. 9 THE PRESIDENT: Without 10 objection, the Journal stands approved as 11 read. 12 Presentations of petitions. 13 Messages from the Assembly. 14 Messages from the Governor. 15 Reports of standing 16 committees. 17 Communications and reports 18 from state officers. 19 Motions and resolutions. 20 Senator Marcellino. 21 SENATOR MARCELLINO: Madam 22 President, I have amendments that should be 23 ordered to the following Third Reading Calendar 1401 1 bills: 2 Sponsored by Senator LaValle, 3 Calendar Number 236; also sponsored by Senator 4 LaValle, Calendar Number 262; sponsored by 5 Senator Saland, Calendar Number 253; sponsored 6 by Senator Volker, Calendar 123; sponsored by 7 Senator Hoblock, Calendar 202; sponsored by 8 Senator Marchi, Calendar 159; sponsored by 9 Senator Padavan, Calendar Number 263; sponsored 10 by Senator Skelos, Calendar Number 255; and 11 sponsored by Senator Nozzolio, Calendar Number 12 254. 13 And Madam President, I now move 14 that these bills retain their place on the 15 Order of Third Reading. 16 THE PRESIDENT: Amendments 17 received. 18 Senator Bruno. 19 SENATOR BRUNO: Madam 20 President, my colleagues, before we proceed 21 with our normal order of business, I would like 22 to take this occasion to welcome our newest 23 Senator on this side of the aisle, Senator 1402 1 James Alesi who is from Monroe County 2 representing the 55th Senatorial District. He 3 is joined by the County Executive of Monroe, 4 John Doyle, and mayor of Rochester, Bill 5 Johnson, and I know that there are many other 6 elected officials and friends in the room. We 7 welcome you to the Senate. 8 There are two other Senators 9 joining this chamber and I would ask my 10 colleague, Senator Marty Connor, to introduce 11 them. 12 THE PRESIDENT: Senator 13 Connor. 14 SENATOR CONNOR: Thank you, 15 Madam President. It's indeed my pleasure to 16 introduce to this body Senator Seymour Lachman 17 who's a life-long resident of Brooklyn, is a 18 Ph.D. From NYU and has had a distinguished 19 career as a dean of the City University of New 20 York. 21 Senator Lachman is also a 22 well-known author in the field of education and 23 we do welcome him to our body. 1403 1 Also joining us from the other 2 house, formerly of the other house, is Senator 3 Larry Seabrook of the Bronx, now of the Bronx 4 and representing part of Westchester County, as 5 well. 6 Senator Seabrook, I think you 7 all know has had a distinguished career in the 8 Assembly, and now I think with the air of 9 freedom and intellectual discourse that goes on 10 in the upper house, I know he will even 11 demonstrate to a much greater degree his 12 leadership qualities. 13 He also is the current chair of 14 the Association of Black and Puerto Rican 15 Legislators; so, in effect, we in the Senate 16 have taken that title from the other house and 17 brought it over here. Welcome, Senator 18 Seabrook. 19 I'd also like to join in 20 welcoming Senator Alesi and say to the Majority 21 Leader at the risk of sounding political that 22 we look forward to the next go 'round, we'll 23 take two out of three any time, certainly in 1404 1 November it will be a good result. 2 Thank you, Madam President. 3 THE PRESIDENT: Senator Bruno, 4 have all the new Senators been sworn in? 5 SENATOR BRUNO: Yes, they 6 have, Madam President, and they now join their 7 colleagues in this chamber officially. And we 8 now, Madam President, have 37 Republicans on 9 this side of the aisle. 10 SENATOR CONNOR: As long as 11 we keep the two out of three, though. 12 SENATOR BRUNO: At this time, 13 I'd like to ask for an immediate meeting of the 14 Finance Committee in room 332. 15 THE PRESIDENT: Immediate 16 meeting of the Finance Committee in room 332. 17 SENATOR BRUNO: Madam 18 President, can we now proceed to the 19 non-controversial calendar? 20 THE PRESIDENT: We have a 21 couple of housekeeping measures. 22 SENATOR BRUNO: Couple of 23 motions by a very distinguished Senator, 1405 1 Senator Farley I see on his feet. 2 THE PRESIDENT: Senator Farley. 3 SENATOR FARLEY: Thank you, 4 distinguished Majority Leader. 5 Madam President, I wish to call 6 up Senator Volker's bill, Calendar 228, 7 Assembly Print 7801. Is it now at the desk? 8 THE PRESIDENT: Clerk will 9 read. 10 THE SECRETARY: By the Assembly 11 Committee on Rules, Assembly Print 7801, an act 12 to amend the Education Law in relation to the 13 appointment of a superintendent or associate 14 superintendent of schools. 15 SENATOR FARLEY: I now move to 16 reconsider the vote by which Senator Volker's 17 Assembly bill was -- excuse me, the Assembly 18 bill was substituted for Senator Volker's bill, 19 Senate Print 5209 on February 14th. 20 THE PRESIDENT: Call the roll 21 for reconsideration, please. 22 (The Secretary called the roll 23 on reconsideration.) 1406 1 THE SECRETARY: Ayes 49. 2 SENATOR FARLEY: I now move 3 that Assembly Bill 7801 be recommitted to the 4 Committee on Education and Senator Volker's 5 Senate bill be restored to the Order of the 6 Third Reading Calendar. 7 THE PRESIDENT: The Assembly 8 bill is recommitted. The Senate bill is 9 restored. 10 SENATOR FARLEY: Thank you, 11 Madam. 12 THE PRESIDENT: Senator 13 Hoblock. 14 SENATOR HOBLOCK: Madam 15 President, I wish to star Calendar Number 207, 16 it's my bill, 5173A. 17 THE PRESIDENT: The bill is 18 starred. 19 SENATOR HOBLOCK: Thank you. 20 THE PRESIDENT: Senator Bruno, 21 are you ready for the non-controversial 22 reading? 23 SENATOR BRUNO: Yes, Madam 1407 1 President, we are ready at this time. 2 THE PRESIDENT: Secretary will 3 read. 4 THE SECRETARY: Calendar 64 by 5 Senator Levy, Senate Print 356, and act to 6 amend the Vehicle and Traffic Law in relation 7 to prohibiting disposition of DWI offenses. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 2. 11 This act shall take effect on the first day of 12 November. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Those recorded 17 in the negative on Calendar Number 64: Senators 18 Kuhl and Hoblock, also Senator DeFrancisco. 19 Ayes 47; nays, 3. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 65 by Senator Levy, Senate Print 357, an act 1408 1 to amend the Vehicle and Traffic Law in 2 relation to limiting options for plea 3 bargaining for repeat DWI offenders. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 2. 7 This act shall take effect on the first day 8 November. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes, 49; nays, 13 2, Senators DeFrancisco and Kuhl recorded in 14 the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar 137 by 18 Senator Saland, Senate Print 3501A, an act to 19 amend the Environmental Conservation Law in 20 relation to the definition of the term 21 municipality. 22 THE PRESIDENT: Read the last 23 section, please. 1409 1 THE SECRETARY: Section 2. 2 This act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes, 51. 7 THE PRESIDENT: Bill is 8 passed. 9 THE SECRETARY: Calendar 177 by 10 Senator Velella, Senate Print 2766B, an act to 11 amend the Insurance Law in relation to 12 requiring insurance companies to notify the 13 Department of Social Services. 14 SENATOR PATERSON: Laid aside. 15 THE PRESIDENT: Lay it aside. 16 THE SECRETARY: Calendar 180 by 17 Senator Skelos, Senate Print 413, act to amend 18 the Public Health Law and the Correction Law in 19 relation to requiring certain accidents - 20 SENATOR PATERSON: Laid 21 aside. 22 THE PRESIDENT: Lay it aside, 23 please. 1410 1 THE SECRETARY: Calendar 188 by 2 Senator Levy, Senate Print 384D, an act to 3 amend the Vehicle and Traffic Law in relation 4 to requiring school bus and other motor vehicle 5 drivers involved in personal injury accidents 6 involving school buses to submit to a breath 7 test. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 2. 11 This act shall take effect on the first day of 12 September. 13 THE PRESIDENT: Call the 14 roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 51. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar 203 by 21 Senator Volker, Senate Print 3693, an act to 22 amend the Civil Practice Law and Rules in 23 relation to the compensation of referees. 1411 1 THE PRESIDENT: Read the last 2 section, please. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 51. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar 204 by 12 Senator Volker, Senate Print 3696, an act to 13 amend the Civil Practice Law and Rules in 14 relation to a motion for preliminary 15 injunction. 16 ACTING PRESIDENT KUHL: Read 17 the last section. 18 THE SECRETARY: Section 2. 19 This act shall take effect on the first day of 20 January. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 1412 1 roll.) 2 THE SECRETARY: Ayes 51. 3 ACTING PRESIDENT KUHL: Bill 4 is passed. 5 THE SECRETARY: Calendar 205 by 6 Senator Volker, Senate Print 3822, an act to 7 amend the Criminal Procedure Law in relation to 8 fingerprinting. 9 ACTING PRESIDENT KUHL: Read 10 the last section. 11 THE SECRETARY: Section 2. 12 This act shall take effect on the 90th day. 13 ACTING PRESIDENT KUHL: Call 14 the roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 52. 18 ACTING PRESIDENT KUHL: Bill 19 is passed. 20 THE SECRETARY: Calendar 218 by 21 Senator Saland, Senate Print 2916A - 22 SENATOR PATERSON: Lay it 23 aside. 1413 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 THE SECRETARY: Calendar 229 by 4 Senator Rath, Senate Print 5752, an act to 5 legalize, ratify and confirm the acts and 6 proceedings of the Board of Education of the 7 Pavilion Central School District. 8 ACTING PRESIDENT KUHL: Read 9 the last section. 10 THE SECRETARY: Section 3. 11 This act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 52. 17 ACTING PRESIDENT KUHL: The 18 bill is passed. 19 THE SECRETARY: Calendar 232 by 20 Senator Cook, Senate Print 291, an act to amend 21 the Real Property Tax Law in relation to 22 statements of taxes by school districts 23 relating to library purposes. 1414 1 ACTING PRESIDENT KUHL: 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 52. 10 ACTING PRESIDENT KUHL: The 11 bill is passed. 12 THE SECRETARY: Calendar 234 by 13 Senator LaValle, Senate Print 1099, an act to 14 amend the General Municipal Law in relation to 15 granting additional points in a service award 16 program. 17 ACTING PRESIDENT KUHL: 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 1415 1 roll.) 2 THE SECRETARY: Ayes 52. 3 ACTING PRESIDENT KUHL: The 4 bill is passed. 5 Senator Bruno, that completes 6 the non-controversial calendar. 7 SENATOR BRUNO: Mr. President, 8 can we, at this time, take up the controversial 9 calendar? 10 ACTING PRESIDENT KUHL: 11 Secretary will read the controversial calendar. 12 THE SECRETARY: Calendar 177 by 13 Senator Velella, Senate Print 2766B, an act to 14 amend the Insurance Law in relation to 15 requiring insurance companies to notify the 16 Department of Social Services. 17 ACTING PRESIDENT KUHL: Senator 18 Velella, an explanation of Calendar Number 177 19 has been asked for by the acting minority 20 leader, Senator Paterson. 21 SENATOR VELELLA: Yes. This 22 bill requires that insurance companies notify 23 the Department of Social Services when an 1416 1 insurance claim is filed that may result in a 2 monetary award. 3 The measure will not put an 4 additional burden on insurance carriers because 5 companies are already reporting this 6 information to a central reporting organization 7 to help reduce fraud. 8 Last section. 9 ACTING PRESIDENT KUHL: Chair 10 recognizes Senator Paterson. 11 SENATOR PATERSON: If Senator 12 Velella would entertain one question before we 13 read the last section. 14 ACTING PRESIDENT KUHL: Senator 15 Velella, do you yield to a question? 16 SENATOR VELELLA: Yes. 17 ACTING PRESIDENT KUHL: Senator 18 yields. 19 SENATOR PATERSON: Senator, 20 just for administrative procedures, just to 21 speed things up, is there a particular reason 22 why the -- is there a particular reason why the 23 -- hold on just one second... 1417 1 Thank you, Senator. Why is the 2 filing prior to the point at which the claims 3 are actually made? In other words, wouldn't it 4 be less burdensome to wait until after they're 5 paid out? The problem is, I had trouble 6 hearing your explanation, Senator. 7 SENATOR VELELLA: Well, the 8 reason why I would think it's more important to 9 have such a claim filed with the Department of 10 Social Services is, one, that they get adequate 11 notice to ensure their lien against the 12 proceeds that may come out of the file. If a 13 settlement is reached and the carrier and the 14 plaintiff decide to settle a claim and pay out 15 the money and then notify Social Services, 16 while I believe that most people on Social 17 Services are responsible and trustworthy, there 18 are some that might spend all that money before 19 we ever found out that it was even in 20 existence. 21 So, when the claim is filed, 22 the insurance carrier would notify the 23 Department of Social Services; and very much 1418 1 the way a comp lien works on settlements, they 2 would be part of the settlement so that they 3 would have adequate notice to be sure that we 4 didn't put temptation in the path of the 5 plaintiff or the recipient to take that money, 6 spend it and not reimburse the state. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson. 9 SENATOR PATERSON: Mr. 10 President, if Senator Velella would yield one 11 more time, my question is - 12 ACTING PRESIDENT KUHL: Senator 13 Velella, do you continue to yield? 14 SENATOR VELELLA: Yes, I do. 15 ACTING PRESIDENT KUHL: Senator 16 continues to yield. 17 SENATOR PATERSON: Based on 18 your answer, and I think it's an accurate 19 answer, Senator, since such a high percentage 20 of individuals are not going to be spending the 21 money or there isn't going to be a settlement, 22 in other words, since Social Services will have 23 information that they may inevitably not use in 1419 1 a large number of cases, that was my only 2 concern, that that expense might outweigh the 3 amount of money that would be saved. 4 SENATOR VELELLA: The fact of 5 the matter is that we have several groups that 6 are now supporting this, including the New York 7 Public Welfare Association and several groups 8 that are supporting it. The amount of money 9 that is spent by the Department of Social 10 Services for fraud detection and to trace these 11 things will by far offset the amount that's 12 spent in keeping records on all of these claims 13 when they're filed. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson. 16 SENATOR PATERSON: Thank you. 17 Senator. 18 ACTING PRESIDENT KUHL: 19 Secretary will read the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect on the 180th day. 22 ACTING PRESIDENT KUHL: Call 23 the roll. 1420 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 53. 4 ACTING PRESIDENT KUHL: The 5 bill is passed. 6 THE SECRETARY: Calendar 180 by 7 Senator Skelos, Senate Print 413, an act to 8 amend the Public Health Law and the Correction 9 Law in relation to requiring certain applicants 10 for employment. 11 ACTING PRESIDENT KUHL: Senator 12 Skelos, an explanation has been asked for by 13 Senator Paterson of Calendar Number 180, 14 Calendar Number 180, Senate Print 413. 15 SENATOR VELELLA: Mr. 16 President. 17 ACTING PRESIDENT KUHL: Senator 18 Velella, why do you rise? 19 SENATOR VELELLA: May I 20 briefly interrupt the proceedings to call an 21 Insurance Committee meeting in room 332? 22 ACTING PRESIDENT KUHL: There 23 will be an immediate meeting of the Insurance 1421 1 Committee in the Majority conference room in 2 room 332. An immediate meeting of the 3 Insurance Committee in the Majority conference 4 room, room 332. 5 Senator Skelos for an 6 explanation. 7 SENATOR SKELOS: Mr. 8 President, this bill would have prospective 9 employees of home care service agencies who 10 have direct care or supervision of the elderly 11 to make a sworn statement as to whether they 12 have been convicted of a crime. 13 It would also assure adequate 14 and appropriate supervision of employees and 15 provide for grievance procedures against the 16 home health care aide and home care 17 agency. 18 Conviction of a crime would be 19 a disqualification for employment unless five 20 years elapse from the discharge from prison or 21 probation and the applicant has been granted a 22 Certificate of Relief From Disabilities by the 23 court of jurisdiction. 1422 1 ACTING PRESIDENT KUHL: Chair 2 recognizes Senator Abate. 3 SENATOR ABATE: Mr. President, 4 will the Senator yield to a question? 5 ACTING PRESIDENT KUHL: Senator 6 Skelos, do you yield? 7 SENATOR SKELOS: Yes. 8 ACTING PRESIDENT KUHL: Senator 9 yields. 10 SENATOR ABATE: Senator, last 11 year I voted for the bill and I certainly 12 understand the rationale for the bill so that 13 our most vulnerable in their own homes are 14 protected, but I've reviewed the bill again 15 this year and I notice that you included 16 misdemeanors as well as felonies in terms of 17 excluding possible employment. 18 Was there a rationale why you 19 included misdemeanors in this list? 20 SENATOR SKELOS: Because it's a 21 crime. 22 SENATOR ABATE: Well, why 23 certain misdemeanors and not all misdemeanors? 1423 1 SENATOR SKELOS: Pardon me? 2 SENATOR ABATE: You did not - 3 am I correct that you did not - 4 SENATOR SKELOS: If I'm 5 correct, I believe a number of the crimes that 6 are enumerated are similar to the ones that are 7 enumerated for school bus drivers that drive 8 kids back and forth to school; the difference 9 is, they have to be fingerprinted and we 10 originally, years ago when the bill was first 11 introduced, would require fingerprinting; 12 unfortunately, the more liberal inclinations of 13 the other house, certainly not of the members 14 of this house, do not like the idea of 15 requiring a fingerprinting background check, so 16 we went to a sworn statement which, if they did 17 not tell the truth, they would perjure 18 themselves. 19 SENATOR ABATE: I guess my 20 concern is, there are a number of misdemeanors, 21 criminal mischief and others, that I would have 22 liked and I don't know whether you will 23 consider if this bill does not pass this year, 1424 1 particularly with the misdemeanor charges where 2 someone is convicted. If someone gets a Relief 3 From Disabilities, a Certificate of Relief from 4 the court because the court finds some 5 mitigating circumstances and actually grants 6 relief in a particular case, I was suggesting 7 that the bill be amended, particularly as it 8 relates to misdemeanors, that an individual 9 could seek a Certificate of Relief From 10 Disabilities so they perhaps could be eligible 11 to work within that five-year period. 12 I guess, Senator, would you - 13 SENATOR SKELOS: We do allow 14 Relief From Civil Disabilities in the 15 legislation. 16 SENATOR ABATE: Is that 17 right? Okay. I did not see that within the 18 legislation. 19 SENATOR SKELOS: Five years, 20 I'm sorry. 21 SENATOR ABATE: Okay, only 22 after five years. 23 SENATOR SKELOS: Yes. 1425 1 SENATOR ABATE: I guess my 2 last question -- if you would yield to another 3 question, Senator? 4 ACTING PRESIDENT KUHL: Senator, 5 do you continue to yield? 6 SENATOR SKELOS: Yes. 7 ACTING PRESIDENT KUHL: The 8 Senator continues to yield. 9 SENATOR ABATE: -- Is that 10 would you take into consideration in the 11 future, if, in fact, this bill does not pass 12 this year, to look at the misdemeanors 13 included, are they too broad in terms of the 14 inclusion, and could a Certificate of Relief 15 apply to some of these misdemeanors? 16 SENATOR SKELOS: You know, I 17 believe the bill is going to pass today as it 18 has for the past several years. 19 SENATOR ABATE: But if it does 20 not become law. 21 SENATOR SKELOS: It's my hope 22 that the Assembly, when they wake up and want 23 to be serious about protecting some of our most 1426 1 vulnerable citizens, that as we enter into 2 negotiations, there are a number of things that 3 could be discussed about the bill. 4 SENATOR ABATE: I'm glad that, 5 Senator, we will have your cooperation. I 6 think the intent of the bill is good. I think, 7 though, it needs to be refined further, but 8 nonetheless, I'm prepared to vote for it. 9 SENATOR SKELOS: Thank you. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Dollinger. 12 SENATOR DOLLINGER: Mr. 13 President, is there an amendment at the desk? 14 ACTING PRESIDENT KUHL: Senator 15 Dollinger, I'm informed by the Secretary that 16 an amendment to this particular bill has been 17 handed up to the desk. 18 SENATOR DOLLINGER: Mr. 19 President, I would ask the reading of the 20 amendment be waived and I be permitted to 21 address the amendment. 22 ACTING PRESIDENT KUHL: 23 Amendment is received, the reading is waived 1427 1 and the Chair recognizes Senator Dollinger to 2 explain his amendment. 3 SENATOR DOLLINGER: Mr. 4 President, this amendment carries the idea that 5 Senator Skelos has touched on in the bill 6 before us to another level and establishes a 7 statewide registry for home health care 8 workers, similar to the statewide registry that 9 we have in effect for people that actually work 10 in nursing homes. 11 I agree with Senator Skelos, I 12 think his concern about the plight of elderly 13 and frail people in the state is well-taken. 14 He, I believe, is the former chairman of the 15 Aging Committee, is maybe still the current 16 chairman, has been a leader in the defense of 17 those who are the most frail people in this 18 state. 19 We already have a model for how 20 such a registry could work because we have a 21 registry for nurses' aides who work in nursing 22 homes. It has been extremely effective in 23 weeding out the bad actors that come into our 1428 1 nursing home industry because they are not able 2 to divulge false information at the time of 3 applying. That information can be checked 4 through the registry and it can be determined 5 whether or not on their initial credibility in 6 applying for employment whether they're 7 speaking truthfully or not. 8 It seems to me that that model 9 would be extremely effective and pertinent here 10 where there is even less supervision for home 11 health care aides than there is in the nursing 12 home industry when someone is confined in an 13 institution. 14 In this instance, what this 15 bill would do is establish a statewide registry 16 for home health care aides, require that it be 17 financed by the industry because they need to 18 establish the same kind of credibility and 19 protection for their users of home health care 20 services. It seems to me that's a reasonable 21 thing to do. The registry would be financed 22 based on the volume of applicants that apply 23 for positions with a particular provider, it 1429 1 would have a self-financing mechanism, it would 2 provide an additional level of protection for 3 those who are using home health care services. 4 I think we should get serious 5 about this issue. I agree with Senator Skelos 6 that we should get serious about it. I know 7 that this bill has been considered by the 8 Assembly in the past. This amendment, a very 9 similar bill, has been carried in the 10 Assembly. 11 It seems to me if we want to 12 provide a level of assurance to our senior 13 citizens that they will be protected when they 14 apply and utilize home health care services, 15 the best way to do it is with a registry that 16 maintains a list of those who are not competent 17 to be working in this field because of 18 disqualifying criminal activity. 19 So I would ask, Mr. President, 20 that the amendment be approved by this house, 21 that we add the notion that the registry will 22 be the governing principle by which we 23 determine who is eligible to be a home health 1430 1 care worker in this state. 2 Mr. President, with that I 3 would ask for the support of all my colleagues 4 for this amendment. 5 ACTING PRESIDENT KUHL: Is 6 there any other Senator wishing to speak on the 7 amendment? 8 (There was no response.) 9 Hearing none, the question is 10 on the amendment to the legislation, Senate 11 Calendar Number 413. All those in favor of 12 the amendment, signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (Response of "Nay".) 16 The amendment is lost. 17 Chair recognizes Senator 18 DiCarlo on the legislation before the house. 19 SENATOR DiCARLO: Yes, Mr. 20 President, just briefly as the chairman of the 21 Aging Committee, I want to commend Senator 22 Skelos for a fine piece of legislation. This 23 is something that's necessary to protect our 1431 1 most fragile citizens, our senior citizens, and 2 I just want to urge its passage. 3 ACTING PRESIDENT KUHL: Any 4 other Senator wishing to speak on the 5 legislation before the house? 6 (There was no response.) 7 Hearing none, Secretary will 8 read the last section. 9 THE SECRETARY: Section 3. 10 This act shall take effect on the 90th day. 11 ACTING PRESIDENT KUHL: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 55. 16 ACTING PRESIDENT KUHL: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 218 by Senator Saland, Senate Print 2916A, an 20 act to amend the State Administrative Procedure 21 Act in relation to including the Workers' 22 Compensation Board. 23 ACTING PRESIDENT KUHL: 1432 1 Secretary will read the last section. 2 THE SECRETARY: Section 3. 3 This act shall take effect on the 30th day. 4 ACTING PRESIDENT KUHL: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 55. 9 ACTING PRESIDENT KUHL: The 10 bill is passed. 11 Chair recognizes Senator 12 Skelos. 13 SENATOR SKELOS: Mr. 14 President, if we could return to reports of the 15 standing committees, I believe there's a report 16 from the Finance Committee at the desk; I ask 17 that it be read. 18 ACTING PRESIDENT KUHL: You're 19 absolutely correct, Senator Skelos. We'll 20 return to the rules of standing committees and 21 I'll ask the Secretary to read the report. 22 THE SECRETARY: Senator 23 Stafford from the Committee on Finance offers 1433 1 up the following bill directly to Third 2 Reading: Senate Print 6098, Budget Bill, an 3 act to amend Chapter 53 of the Laws of 1995 4 enacting the aid to localities budget in 5 relation to storm disaster assistance. 6 ACTING PRESIDENT KUHL: Senator 7 Skelos. 8 SENATOR SKELOS: Can we take 9 up the bill at this time, Mr. President? 10 ACTING PRESIDENT KUHL: Ask the 11 Secretary to read the bill. 12 THE SECRETARY: Section 2. 13 This act shall take effect immediately and 14 shall be deemed to have been in full force and 15 effect on April 1st, 1995. 16 ACTING PRESIDENT KUHL: 17 Secretary will read the last section - 18 Secretary will read the title of the bill 19 before the house. 20 THE SECRETARY: Calendar Number 21 266, Senate Print 6098, Budget Bill, an act to 22 amend Chapter 53 of the Laws of 1995 enacting 23 the aid to localities budget. 1434 1 ACTING PRESIDENT KUHL: 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately and 5 shall be deemed in effect and full force on 6 April 1st. 7 ACTING PRESIDENT KUHL: Call 8 the roll. 9 (The Secretary called the 10 roll.) 11 ACTING PRESIDENT KUHL: Chair 12 recognizes Senator Wright to explain his 13 vote. 14 SENATOR WRIGHT: Thank you, Mr. 15 President. 16 In reviewing this legislation, 17 you'll note that there's a total 18 appropriation - 19 ACTING PRESIDENT KUHL: 20 Senator, excuse me, just a minute. I know this 21 seems to be a day when it's a little unruly, 22 but let's quiet down so we can at least hear 23 the Senator's explanation to the vote. 1435 1 SENATOR WRIGHT: Thank you, 2 Mr. President - 3 ACTING PRESIDENT KUHL: Senator 4 Wright. 5 SENATOR WRIGHT: -- Appreciate 6 that. You will note in looking at this bill 7 that it provides for an appropriation of $280 8 million, the allocation is to a number of 9 counties across this state; very candidly two 10 of those counties, in fact, are in my 11 district. 12 The bill addresses issues such 13 as flooding, such as snow storms, blizzards, a 14 number of tragedies, including fires on Long 15 Island that I think we all recognize were 16 troublesome. Unfortunately, what it does not 17 recognize is a phenomenon referred to as a 18 microburst which was a severe windstorm that 19 occurred throughout this state earlier this 20 year. And unfortunately, even after several 21 appeals, the President and the federal 22 government have yet to determine it to be a 23 sufficient disaster to recognize federal 1436 1 funding. That concerns me, concerns me 2 because of the inconsistency of the standards 3 being applied and, as a result, the people 4 throughout my district and other areas in this 5 state are not going to be reimbursed for their 6 disaster losses that is not covered by this 7 bill because of that federal inaction. 8 As much as that concerns me, I 9 will vote in favor of this bill, but I want to 10 take the opportunity to point out the 11 inconsistencies of the federal determinations 12 in terms of disaster assistance. 13 Thank you, Mr. President. 14 ACTING PRESIDENT KUHL: 15 Secretary will announce the results. 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT KUHL: The 18 bill is passed. 19 Chair recognizes Senator 20 Skelos. 21 SENATOR SKELOS: Mr. President, 22 on behalf of Senator Bruno and after 23 consultation with the Minority Leader, I would 1437 1 like to hand up the following committee 2 assignments to be filed at the desk. 3 ACTING PRESIDENT KUHL: I 4 thought it only necessary to have the quiet 5 that your voice demands, the respect, Senator 6 Skelos. It is extremely noisy in here. 7 The committee list is at the 8 desk and will be filed in the Journal, Senator 9 Skelos. 10 SENATOR SKELOS: Is there any 11 housekeeping at the desk? 12 ACTING PRESIDENT KUHL: Senator 13 Skelos? 14 SENATOR SKELOS: Mr. President, 15 if we could return again to reports of standing 16 committees, I believe there's a report from the 17 Insurance Committee; I ask that it be read. 18 ACTING PRESIDENT KUHL: There 19 is a report at the desk. Senator Skelos, we'll 20 return to the reports of standing committees 21 and I'll ask the Secretary to read. 22 THE SECRETARY: Senator Velella 23 from the Committee on Insurance offers up the 1438 1 following bill directly for Third Reading: 2 Senate Print 6147, an act to amend the 3 Insurance Law in relation to termination of 4 individual hospital and medical contracts. 5 ACTING PRESIDENT KUHL: Without 6 objection, the bill is ordered directly to 7 Third Reading for tomorrow's action. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 is there any other housekeeping at the desk? 11 ACTING PRESIDENT KUHL: There's 12 nothing else at the desk, Senator Skelos. 13 SENATOR SKELOS: There being 14 no further business, I move we adjourn until 15 Tuesday, February 27th, 1996, at 3 p.m. Sharp. 16 ACTING PRESIDENT KUHL: Without 17 objection, the Senate stands adjourned until 18 tomorrow, Tuesday, February 27th at 3 p.m. 19 Sharp. 20 (Whereupon, at 3:37 p.m., the 21 Senate adjourned.) 22 23