Monday, June 3, 1996

6231 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 3, 1996 10 3:04 p.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 6232 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. I ask the members to 4 find their places, staff to find their places. 5 I would ask everybody in the 6 chamber, including those in the gallery, to 7 rise and join us in saying the Pledge of 8 Allegiance to the Flag. Please remain standing 9 for the invocation. 10 (The assemblage repeated the Pledge 11 of Allegiance to the Flag.) 12 We're very pleased to have the 13 Reverend Paul DeHoff of the Union Church of 14 Pocantico Hills from North Tarrytown, New York 15 with us to deliver the invocation. 16 Reverend DeHoff. 17 REVEREND PAUL DeHOFF, Union Church 18 of Pocantico Hills, North Tarrytown: Let us 19 pray. 20 Creating God, we are thankful for 21 the good place to which You have brought us in 22 Your providence creating us to think Your 23 thoughts. We know that what Your will is that 6233 1 we know and do what is right, that we know and 2 do what is just. 3 Grant those who labor here in this 4 place Your special gifts and graces, that they 5 may indeed think Your thoughts after You and 6 have courage to act upon them. 7 We ask this grace in Your holy 8 name. Amen. 9 ACTING PRESIDENT KUHL: Reading of 10 the Journal. 11 THE SECRETARY: In Senate, Sunday, 12 June 2nd. The Senate met pursuant to adjourn 13 ment. The Journal of Saturday, June 1st, was 14 read and approved. On motion, Senate 15 adjourned. 16 ACTING PRESIDENT KUHL: Hearing no 17 objection, the Journal stands approved as 18 read. 19 Presentation of petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 23 Reports of select committees. 6234 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 The chair recognizes Senator 5 Farley. 6 SENATOR FARLEY: Thank you, Mr. 7 President. 8 On page 52, on behalf of Senator 9 Holland, I offer the following amendments to 10 Calendar 1234, Senate Print 5958, and I ask 11 that that bill retain its place on the Third 12 Reading Calendar. 13 ACTING PRESIDENT KUHL: Amendments 14 to Calendar Number 1234 are received and 15 adopted. The bill will retain its place on the 16 Third Reading Calendar. 17 SENATOR FARLEY: Mr. President, I 18 now move to discharge from the Committee on 19 Transportation, Assembly Print 8464 and 20 substitute it for Senator Holland's identical 21 bill 5958A. 22 ACTING PRESIDENT KUHL: Secretary 23 will read -- the substitution is ordered. 6235 1 SENATOR FARLEY: Mr. President, I 2 offer the following amendments to these Third 3 Reading Calendar bills: On behalf of Senator 4 Volker, page 5, Calendar 210, Senate Print 5 5492; 6 On behalf of Senator Nozzolio, on 7 page 9, 390, Senate Print 2138A; 8 On behalf of Senator Sears, page 33, 9 Calendar Number 999, Senate Print 7094; 10 On behalf of Senator Holland, on 11 page 22, I think that's 22, Calendar 771, 12 Senate Print 6509; 13 On behalf of Senator Maziarz, on 14 page 21, Calendar 767, Senate Print 6388; 15 On behalf of Senator Goodman, on 16 page 37, Calendar 1065, Senate Print 7207; 17 On behalf of Senator Marcellino, on 18 page 34, 1002, Calendar Number, Senate Print 19 5776B; 20 On behalf of Senator Hoblock, on 21 page 50, Calendar 1209, Senate Print 6889; 22 On behalf of Senator Velella, page 23 33, Calendar Number 993, Senate Print 3371A; 6236 1 On behalf of Senator Volker, on page 2 29, Calendar Number 923, Senate Print 3995A; 3 And last but not least, on behalf of 4 Senator Velella, on page 19, Calendar Number 5 733, Senate Print 6623. I move to amend these 6 bills and ask that they retain their place on 7 the Third Reading Calendar. 8 ACTING PRESIDENT KUHL: The 9 amendments are received and adopted. The bills 10 will retain their place on the Third Reading 11 Calendar. 12 Senator Skelos? 13 SENATOR SKELOS: Mr. President, I 14 believe there is a resolution at the desk 15 sponsored by Senator Rath which was previously 16 adopted. May we please have it read in its 17 entirety and then if you would recognize 18 Senator Rath. 19 ACTING PRESIDENT KUHL: There is a 20 privileged resolution at the desk; I'll ask the 21 Secretary to read it in its entirety. 22 THE SECRETARY: By Senator Rath, 23 legislative resolution, welcoming the children, 6237 1 parents and teachers of Maple West Elementary 2 School to the Capital City of the state of New 3 York and noting the magnificent Heritage Quilt 4 which the students have made. 5 Whereas, it is the sense of this 6 legislative body that those who give positive 7 definition to the profile and disposition of 8 the communities of the state of New York do so 9 profoundly strengthen our shared commitment to 10 the exercise of freedom. 11 Attendant to such concern and fully 12 in accord with its long-standing traditions, 13 it is the intent of this legislative body to 14 welcome the children, parents and teachers of 15 Maple West Elementary School to the Capital 16 City of the state of New York and noting the 17 magnificent Heritage Quilt which the students 18 have made. 19 The great state of New York, 20 mirroring our beloved nation, is a construct of 21 cultural and ethnic diversity, a melting pot 22 through the sharing of ideas, traditions, 23 religious backgrounds and cultures from around 6238 1 the world. 2 Maple West Elementary School 3 sponsored a cultural diversity education unit 4 for their third grade students. This unit was 5 created to help the children learn about the 6 different cultures and take pride in one's 7 heritage. One hundred and thirteen students 8 participated in the program at the school which 9 culminated in a smorgasbord of dishes from 10 around the world on Friday, April 26th, 1996. 11 Besides textbook instructions, the 12 students utilized their creative efforts in 13 making a beautiful Heritage Quilt through the 14 help of coordinator Sandy White and seamstress 15 Diane Walser. Everyone involved in the 16 education unit warrants special commendation. 17 This legislative body is greatly 18 moved to specifically welcome to its chambers 19 on June 3, 1996, Janet Voelpel, third grade 20 teacher and a team leader; Mary Gregory 21 principal, Maple West Elementary; Diane Walser 22 seamstress and mother, with her son, Tyler 23 Walser; Sandy White, chair, cultural diversity 6239 1 luncheon, mother, with her son, Ben White. 2 It is the further intent of this 3 legislative body to applaud the display of this 4 truly magnificent quilt, a tapestry and mosaic 5 depicting the cultural diversity of our nation 6 and the great state of New York. 7 Through their commitment to 8 the celebration of the cultural diversity of 9 the nation and the great state of New York, the 10 students of Maple West Elementary School have 11 so unselfishly advanced that spirit of united 12 purpose and shared concern which is the 13 unalterable manifestation of our American 14 experience; now, therefore, be it 15 Resolved, that this legislative body 16 pause in its deliberations and most joyously 17 welcome the children, parents and teachers of 18 Maple West Elementary School to the Capital 19 City of the state of New York and noting the 20 magnificent Heritage Quilt which the students 21 have made, fully confident that such procedure 22 mirrors our shared commitment to preserve, to 23 enhance and to and yet effect that patrimony of 6240 1 freedom which is our American heritage; and be 2 it further 3 Resolved, that a copy of this 4 resolution, suitably engrossed, be transmitted 5 to Mary Gregory, principal, Maple West 6 Elementary School. 7 ACTING PRESIDENT KUHL: The Chair 8 recognizes Senator Rath on the resolution. 9 SENATOR RATH: Thank you, Mr. 10 President. It is with great, great pride today 11 that I would draw your attention to several 12 folks who are sitting up in the gallery: Janet 13 Voelpel, a teacher at the Maple West Elementary 14 School, who is the third grade team leader of 15 five third grades that have participated in 16 this cultural diversity program. It has been 17 taught for 12 years and this year the plan was 18 to do a quilt. The mother who helped pull the 19 quilt together, the mother who actually 20 stitched the quilt, and two of the young men, 21 Ben White and Tyler Walser, who are in the 22 front row in the gallery, are here. 23 The quilt is here, it is going to be 6241 1 in the outer lobby. It is a true celebration 2 of diversity. 3 I would ask any of you who would 4 like to, to see how cultural diversity comes 5 together in the form of a patchwork quilt with 6 the various nationalities and the symbols 7 representing their countries, how that has been 8 pulled together in such a beautiful and 9 creative fashion and today will be a day that 10 I'll long remember and I know that the mothers 11 and the teachers and the young gentlemen who 12 participated will long remember it. 13 I urge the adoption of this 14 resolution, and please join me outside later to 15 see the quilt. 16 ACTING PRESIDENT KUHL: Is there 17 any other Senator wishing to speak on the 18 resolution? 19 (There was no response.) 20 The resolution was previously passed 21 by this house but the Chair would recognize on 22 behalf of Senator Rath, Senator Bruno and all 23 the members of the house, the teachers and 6242 1 children of Maple West Elementary School and 2 the parents who have accompanied them. We 3 welcome you to Albany. Thank you for all 4 you've done to prepare this quilt. Keep up the 5 good work. 6 (Applause) 7 Senator Skelos. 8 SENATOR SKELOS: Can we take up the 9 non-controversial calendar? 10 ACTING PRESIDENT KUHL: We have 11 some substitutions, Senator Skelos. Would you 12 like to do that first? 13 SENATOR SKELOS: Would you make the 14 substitutions. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the substitutions. 17 THE SECRETARY: On page 11, Senator 18 Seward moves to discharge from the Committee on 19 Rules Assembly Bill 8626A and substitute it for 20 the identical Senate Bill, 5949A; 21 On page 19, Senator Velella moves to 22 discharge from the Committee on Rules, Assembly 23 Bill 2769E and substitute it for the identical 6243 1 Senate Bill, 6749B; 2 On page 57, Senator Nozzolio moves 3 to discharge from the Committee on Rules 4 Assembly Bill 8696 and substitute it for the 5 identical Senate Bill, 5965B; 6 On page 34, Senator Hannon moves to 7 discharge from the Committee on Rules, Assembly 8 Bill 9829A and substitute it for the identical 9 Senate Bill, 6598; 10 On page 49, Senator Maltese moves to 11 discharge from the Committee on Elections 12 Assembly Bill 4513A and substitute it for the 13 identical Senate Bill, 3086C. 14 ACTING PRESIDENT KUHL: The 15 substitutions are ordered. 16 Senator Skelos, that brings us to 17 the Calendar. 18 SENATOR SKELOS: Take up the 19 non-controversial calendar, please. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the non-controversial 22 calendar. 23 THE SECRETARY: Calendar Number 6244 1 256, by Senator Nozzolio, Senate Print 2818, an 2 act to amend the Correction Law, in relation to 3 charging taxes on sales at commissaries and 4 canteens. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 The SECRETARY: Ayes 48. 13 ACTING PRESIDENT KUHL: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 306, by Senator Tully, Senate Print 4578B. An 17 act - 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 428, substituted earlier today by member of the 22 Assembly Luster, Assembly Bill 8626A, an act to 23 amend the Abandoned Property Law, in relation 6245 1 to disposition of certain unclaimed property. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 48. 10 ACTING PRESIDENT KUHL: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 507, by Senator Volker, Senate Print 6219A, an 14 act to amend the Vehicle and Traffic Law, in 15 relation to the regulation of parking by cities 16 with a population in excess of 250,000. 17 ACTING PRESIDENT KUHL: There's a 18 home rule message at the desk. Secretary will 19 read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 6246 1 (The Secretary called the roll.) 2 The SECRETARY: Ayes 49. 3 ACTING PRESIDENT KUHL: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 579 6 by Senator Skelos, Senate Print 5730 - 7 SENATOR SKELOS: Lay it aside. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 691, by Senator Padavan, Senate Print 4216B, an 12 act to amend the Penal Law, in relation to auto 13 stripping. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 10. 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 49. 23 ACTING PRESIDENT KUHL: The bill is 6247 1 passed. 2 THE SECRETARY: Calendar Number 3 734, substituted earlier today by member of the 4 Assembly Stringer, Assembly Print 2769E, an act 5 to amend the Insurance Law, in relation to 6 prohibiting discrimination by insurers. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 180th day. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 49. 15 ACTING PRESIDENT KUHL: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 744, by Senator Levy, Senate Print 1386, an act 19 to amend the Real Property Tax Law, in relation 20 to calculation of the alternative real property 21 tax. 22 SENATOR PATERSON: Lay it aside. 23 ACTING PRESIDENT KUHL: Lay the 6248 1 bill aside. 2 THE SECRETARY: Calendar Number 770 3 by Senator Cook, Senate Print 6289, an act to 4 amend Chapter 737 of the Laws of 1989, amending 5 the Social Services 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 THE SECRETARY: Ayes 50. 14 ACTING PRESIDENT KUHL: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 793, by Senator Maziarz, Senate Print 6193A, an 18 act to amend to Education Law, in relation to 19 the practice of veterinary medicine. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 6249 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 50. 5 ACTING PRESIDENT KUHL: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 831, by Senator Goodman, Senate Print 6344, an 9 act to amend the Vehicle and Traffic Law in 10 relation to designation of blood delivery 11 vehicles. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 4. 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 50. 20 ACTING PRESIDENT KUHL: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 836, 23 by Senator Padavan, Senate Print 6843, an act 6250 1 to amend the Vehicle and Traffic Law, in 2 relation to authorizing cities and villages to 3 designate parking for public purposes. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. 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 50. 12 ACTING PRESIDENT KUHL: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 838, 15 by Senator Levy, Senate Print 7144, an act to 16 amend the Vehicle and Traffic Law, in relation 17 to leaving the scene of an accident without 18 reporting it. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the first day of 23 November. 6251 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 50. 5 ACTING PRESIDENT KUHL: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 840, by Senator Levy, Senate Print 7215, an act 9 to amend the Public Authorities Law, in 10 relation to adding a nonvoting member to the 11 membership of the Triborough Bridge and Tunnel 12 Authority. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last 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 50. 21 ACTING PRESIDENT KUHL: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 6252 1 842, by Senator Levy, Senate Print 7309, an act 2 to amend the Public Authorities Law, in 3 relation to the recovery of lost toll revenue. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect in 30 days. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 50. 12 ACTING PRESIDENT KUHL: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 874, by Senator Padavan, Senate Print 2529, an 16 act to amend the Education Law, in relation to 17 empowering community boards. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 SENATOR PATERSON: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 6253 1 914, by Senator LaValle, Senate Print 1994, an 2 act to amend the Education Law, in relation to 3 enacting the Higher Education Community Service 4 Act. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first day of 9 September. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 49, nays 1, 14 Senator Johnson recorded in the negative. 15 ACTING PRESIDENT KUHL: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 925, by the Assembly Committee on Rules, 19 Assembly Print 7846A, an act to amend the Local 20 Finance Law and the General Municipal Law, in 21 relation to the issuance, sale and payment of 22 bonds. 23 ACTING PRESIDENT KUHL: Secretary 6254 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 50. 8 ACTING PRESIDENT KUHL: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 943, by Senator Rath, Senate Print 7366B, an 12 act to amend the Local Finance Law, in relation 13 to the publication of notices of bond sales. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 50. 22 ACTING PRESIDENT KUHL: The bill is 23 passed. 6255 1 THE SECRETARY: Calendar Number 955, 2 by member of the Assembly Tokasz, Assembly Bill 3 5502A, an act to amend the Election Law, in 4 relation to the publication and distribution of 5 registration enrollment lists. 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 50. 14 ACTING PRESIDENT KUHL: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1018, by Senator Cook, Senate Print 7126, an 18 act to amend the Education Law, in relation to 19 providing relief to school districts. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect July 1st. 6256 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 50. 5 ACTING PRESIDENT KUHL: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1022, by the Assembly Committee on Rules, 9 Assembly Print 10508, an act legalizing, 10 certifying and confirming the acts of the St. 11 Johnsville Central School District. 12 SENATOR PATERSON: Lay it aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 1069, by Senator Maziarz, Senate Print 7432, an 17 act to amend the Environmental Conservation 18 Law, in relation to providing for the removing 19 of fill pipe. 20 SENATOR MAZIARZ: Lay it aside for 21 the day. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside for the day at the request of the 6257 1 sponsor. 2 THE SECRETARY: Calendar Number 3 1106, by member of the Assembly Luster, Assembly 4 Bill 8549A, an act to amend the Penal Law, in 5 relation to creating the violent felony of 6 aggravated sexual abuse. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first day of 11 November. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 50. 16 ACTING PRESIDENT KUHL: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1120, by Senator Hoblock, Senate Print 6258A, 20 an act to amend the Family Court Act, in 21 relation to orders of protection. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 6258 1 THE SECRETARY: Section 6. This 2 act shall take effect on the 60th day. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 50. 7 ACTING PRESIDENT KUHL: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1183, by Senator Goodman, Senate Print 6417, an 11 act to amend the Public Authorities Law and to 12 reappeal paragraph E of subdivision 9 of 13 section 3038 of the Public Authorities Law. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 50. 22 ACTING PRESIDENT KUHL: The bill is 23 passed. 6259 1 THE SECRETARY: Calendar Number 2 1214, by Senator Hoblock, Senate Print 7324A, 3 an act to amend the Education Law, in relation 4 to mandatory continuing education for dental 5 hygienists. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect January 1st, 1997. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 50. 14 ACTING PRESIDENT KUHL: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1227, by Senator Cook, Senate Print 7608, an 18 act to amend the Education Law and the Local 19 Finance Law, in relation to annual meetings and 20 elections in all small city school districts. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 6260 1 act shall take effect September 1st. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 50. 6 Calendar - 7 ACTING PRESIDENT KUHL: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1228, by Senator Stafford, Senate Print 612, an 11 act to amend the Environmental Conservation 12 Law, in relation to the siting of industrial 13 hazardous waste facilities. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 1229, by Senator Larkin, Senate Print 935A, an 18 act to amend the Navigation Law, in relation to 19 liability of volunteer firefighters. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 1230, by Senator Hoblock, Senate Print 1633, an 6261 1 act authorizing the City of Albany to enact 2 locally established parking violations amnesty 3 for a period of three months. 4 ACTING PRESIDENT KUHL: There's a 5 home rule message at the desk. Secretary will 6 lay the bill aside. 7 THE SECRETARY: Calendar Number 8 1231, by Senator Nozzolio, Senate Print 1999, 9 an act to amend the General City Law, in 10 relation to excluding the city of Auburn from 11 provisions concerning plumbing and drainage. 12 ACTING PRESIDENT KUHL: There's a 13 home rule message at the desk. Lay the bill 14 aside. 15 THE SECRETARY: Calendar Number 16 1232, by Senator Larkin, Senate Print 4254A, an 17 act to authorize the town of Cornwall to 18 discontinue certain parkland. 19 SENATOR PATERSON: Lay it aside. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 1233, by Senator Markowitz, Senate Print 5143A, 6262 1 an act authorizing the city of New York to 2 reconvey its interest in certain real property. 3 ACTING PRESIDENT KUHL: There's a 4 home rule message at the desk. Secretary will 5 read the last 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 51. 12 ACTING PRESIDENT KUHL: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1234, substituted earlier today, by member of 16 the Assembly Colman, Assembly Print 8464, an 17 act in relation to discontinuing the Spring 18 Valley toll plaza of the New York State 19 Thruway. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 1235, by Senator Bruno, Senate Print 6009B, an 6263 1 act to amend the Environmental Conservation 2 Law, in relation to recordkeeping by importers. 3 SENATOR PATERSON: Lay it aside. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 1236, by Senator Larkin, Senate Print 6503A, an 8 act to authorize the town of Blooming Grove, 9 Orange County, to discontinue certain lands. 10 ACTING PRESIDENT KUHL: There's a 11 home rule message at the desk. Lay the bill 12 aside. 13 THE SECRETARY: Calendar Number 14 1237, by Senator Saland, Senate Print 6762A, an 15 act in relation to legalizing and validating 16 the adoption of a bond resolution by the town 17 board for the town of Stockport, Columbia 18 County. 19 SENATOR PATERSON: Lay it aside. 20 ACTING PRESIDENT KUHL: There's a 21 home rule message at the desk. Lay the bill 22 aside. 23 THE SECRETARY: Calendar Number 6264 1 1238, by Senator Velella, Senate Print 6959A, an 2 act authorizing the commissioner of general 3 services to sell certain lands in the city of 4 New Rochelle. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 Senator Hoblock, that completes the 8 reading of the non-controversial calendar. 9 What's your pleasure? 10 SENATOR HOBLOCK: Mr. President, 11 would you please take up the controversial 12 calendar, in order. 13 ACTING PRESIDENT KUHL: But before 14 we do that, the Chair recognizes Senator 15 Bruno. 16 SENATOR BRUNO: Mr. President, can 17 we, at this time, take up Calendar Number 1235. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the title of Calendar Number 1235. 20 THE SECRETARY: On page 52, 21 Calendar Number 1235, by Senator Bruno, Senate 22 Print 6009B, an act to amend the Environmental 23 Conservation Law, in relation to recordkeeping 6265 1 by importers. 2 SENATOR PATERSON: Explanation. 3 ACTING PRESIDENT KUHL: Senator 4 Bruno, before I recognize you and give you the 5 floor to speak on the bill, may we get some 6 quite in here, please? There are a lot of 7 members moving around, a lot of staff moving 8 around. This is a very serious bill to 9 debate. Get some order in the house. 10 Thank you. 11 Chair recognizes Senator Bruno. 12 SENATOR BRUNO: Mr. President, 13 thank you, and my colleagues, we are taking up 14 an important piece of legislation, And let me 15 announce at the outset that the people that are 16 involved in this issue of breast cancer 17 pesticides registration and reporting have 18 reached an agreement, and, Mr. President, that 19 is an important statement, that the people that 20 really want to help cure breast cancer have 21 reached an agreement. 22 We're going to pass this 23 bill that will be a major step forward in 6266 1 helping us understand and collect the 2 information that hopefully can help lead to the 3 cause and a cure of breast cancer in New York 4 State and throughout the world. All that it will 5 take for this legislation to become law will be 6 for the Assembly to pass this legislation, when 7 we pass it and have it signed by the Governor. 8 Now, we are at this stage with this 9 agreement by the major people involved thanks 10 to the efforts of some very concerned and 11 special people. One of those very special 12 people is Geri Barish who has been coordinating 13 the One in Nine Coalition; she has worked hard, 14 has been diligent and conscientious for years 15 in getting us to an agreed-on version of a 16 breast cancer pesticide registry piece of 17 legislation. So, we're indebted to her for her 18 commitment. 19 We have the Farm Bureau that has 20 been very concerned in this state and for a lot 21 of good reason, because while we're trying to 22 help solve one problem, we have to be very 23 concerned that we don't create other major 6267 1 problems for innocent bystanders, for people 2 who are out there just trying to earn a 3 living. They have been a party to this 4 agreement and for that we thank the president 5 of the Farm Bureau, John Lincoln. 6 This bill before us has the backing 7 and support of the American Medical 8 Association, the American Cancer Society, Farm 9 Bureau, as I mentioned, and the One in Nine 10 Coalition, and others. 11 I also want to acknowledge and thank 12 Senator D'Amato, who, for years, has been 13 critically involved in this issue at the 14 national level and has helped us here in the 15 state to coordinate all of the activities that 16 we have been involved in for months to get us 17 to where we are today. 18 Let's, as we debate this -- and I 19 know that there are differences of opinion on 20 how you resolve the problem that's before us 21 what to do about registering pesticides in this 22 state in some orderly fashion, and recognize 23 what we want to do is to make a judgment and a 6268 1 determination, and what effect, if any, they 2 have on breast cancer here in this state, 3 that's the bottom line. 4 We're not posturing, we're not just 5 pontificating about an issue that's unimportant 6 or political, we have a very serious problem 7 here in this state and it's time we move to do 8 something about it. 9 So, through this legislation, we 10 take a medical, scientific approach. If 11 you're going to do something about collecting 12 information as to what causes breast cancer, 13 you have to do it medically, you have to do it 14 scientifically, not just by collecting millions 15 of pieces of information that people can't even 16 relate to in any orderly way. 17 So, this bill creates a new cancer 18 science board in the Department of Health and 19 that board will consist of 11 professionals, 20 scientific researchers, medical people, they 21 will be the 11-person board in the Department 22 of Health. There will be four others, and one 23 will be a person who has been involved 6269 1 personally with breast cancer as one of the 2 four ex officio members. 3 What will this board do? They will 4 be responsible for collecting all of the 5 information that may be within state agencies, 6 at the federal government, wherever they feel 7 will have some impact on our research as 8 relates to breast cancer and its cause and 9 eventually its cure, that's their mission, is 10 to collect the information; then secondly, to 11 make that mission available in an orderly way 12 through the professionals that are involved in 13 breast cancer research, doctors, scientists, 14 that's what this board will do. 15 They will make the judgments and 16 manage this information that will be helpful, 17 they will make the judgment on where is this 18 information that will be helpful, how do we 19 collect it in an orderly way, and then make it 20 available to the medical community to help move 21 us towards a cure for breast cancer in this 22 state. 23 This legislation also calls, for the 6270 1 first time, for a check-off for individuals in 2 this state on an income tax return so that they 3 can donate, because it takes money to do 4 research, they can donate to help in the 5 research toward the cause and cure of breast 6 cancer and it also allows for individuals to 7 supplement a dollar check-off, whatever, from 8 other sources into the fund. It establishes a 9 responsible and reasonable statewide registry 10 so that the users and manufacturers of 11 pesticides in this state will file annually 12 with DEC, Department of Environmental 13 Conservation, the information that has been 14 determined has at least the potential to 15 investigate the cause of breast cancer in 16 this state. 17 We have to be sure that when we 18 collect information, it serves a purpose. In 19 California, they put a registry bill on the 20 books. I am told that with the millions of 21 reports that their law mandated, very 22 literally, those people that are supposed to 23 collect the information, so that to this point, 6271 1 much of the information is useless in terms of 2 trying to do something to find out what 3 pesticides have to do with cancer and breast 4 cancer specifically. We want to avoid that in 5 this state. 6 So, those reporting are the 7 manufacturers and the private applicators and 8 the commercial applicators of the restricted 9 pesticides that are used in this state. All of 10 those will be registered and recorded and made 11 available to researchers and, by the way, to 12 anyone else that wants the information on what 13 pesticides are restricted in use, and these 14 judgments are made by the federal government, 15 through the EPA, the Environmental Protection 16 Association in Washington, they have a list of 17 pesticides, those that are restricted in use. 18 All of those will be registered by any user. 19 And then there are those that are 20 categorized as probable human carcinogens and 21 they will be registered by those users as will 22 be spelled out in this legislation. And this is 23 a complicated, very involved piece of legisla 6272 1 tion, covers a lot of things, creates, I 2 believe, for the first time through DEC a group 3 to make judgments and test the waters in this 4 state to see what contamination there may be 5 there from pesticides that are in use, and 6 that's critical in the research. 7 So, as we debate this, I'm going to 8 conclude my remarks. I know there are others 9 that want to talk. I want to thank also the 10 chairman of our Conservation Committee, Carl 11 Marcellino, who will expand on my remarks; 12 Senator Tully, the original sponsor of one of 13 the major pieces of legislation to move us to 14 where we are here today; Senator Skelos, who 15 took a leadership role in helping us get to 16 where we are here this afternoon; the others 17 that have been involved, many of you in this 18 room and I know the staff have worked hard with 19 all those involved, so I thank you for your 20 efforts. 21 And, I also caution those that may 22 see this issue as a political issue. This is 23 not a political issue. I've heard the 6273 1 statement that we are running for election in 2 November and there are those that would like to 3 see this out there as an issue, not resolved 4 but as a political issue. That is wrong 5 thinking and I know that there isn't anybody in 6 this chamber that would buy into that kind of 7 thinking because we all know in this chamber 8 that this is critically important to a lot of 9 people in this state, in this country, in the 10 world, because breast cancer -- and all of us 11 know the devastation, the heartache, the 12 suffering, the deaths that come from breast 13 cancer. 14 So, this is a major step forward to 15 find out if we can register those pesticides 16 that potentially lead to breast cancer and 17 other cancers. 18 So, I ask for your support for this 19 legislation and I hope that when we get through 20 with our discussion, that this will find its 21 way to the Assembly where they will seek to 22 pass it. The Governor has indicated that when 23 they will see fit to pass it, the Governor has 6274 1 indicated that he will sign this bill upon its 2 receipt. So, hopefully, we can debate this 3 with the opinions that will be represented and 4 move it to the Assembly where they will act on 5 it in an expeditious way. 6 Thank you, Mr. President. 7 ACTING PRESIDENT KUHL: Chair 8 recognizes Senator Skelos. 9 SENATOR SKELOS: Mr. President, I 10 would like to just comment on the bill and 11 begin by saying to you, Senator Bruno, on 12 behalf of the Long Island legislators, 13 certainly all the members of the Majority 14 Conference, but even more importantly, people 15 of Long Island, the survivors, the families, 16 who have suffered through family members being 17 inflicted with this horrible disease, thank you 18 for the leadership that you've shown in 19 bringing together interests in this state that 20 perhaps a few months ago we didn't think could 21 happen, and that's what leadership is about. 22 On Long Island we have an 23 unacceptably high rate of breast cancer. It's 6275 1 not unusual to go through communities where 2 there will be perhaps on one block seven 3 households where somebody in that household has 4 been afflicted with breast cancer. In fact, we 5 have what I believe is, maybe not statistically 6 so, but a health emergency on Long Island when 7 it comes to the high rate of breast cancer. 8 Under the leadership of Geri Barish 9 and so many wonderful people, this legislation 10 is poised to help find the cause and, even more 11 importantly, the cure for this horrible 12 disease. 13 All of us, unfortunately, have been 14 to dedications of small parks like I have in 15 Long Beach which are dedicated to a woman who 16 has died from breast cancer, we've been to the 17 rallies, we have released the balloons, we have 18 done all that is absolutely necessary to show 19 our moral support and our commitment to this 20 cause, but now we have the opportunity as 21 legislators to pass legislation, that's what 22 we're supposed to do, pass legislation that is 23 going to get to the root cause and find a cure 6276 1 for this horrible disease. 2 So, I'm hopeful that after passage 3 of this legislation today, that the Assembly 4 will follow the lead of the Senate, pass this 5 legislation, stop the political bickering and 6 move forward so that we can have a real bill 7 that's going to find the cure for this dreaded 8 disease. 9 Thank you. 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Marcellino. 12 SENATOR MARCELLINO: Mr. President, 13 thank you for recognizing me, and I rise with 14 pleasure to speak about this particular piece 15 of legislation. 16 When I first decided to run for a 17 seat in this Senate, I was asked what I wanted 18 to do and what I would want to be -- how I 19 would like to be thought of. I said I would 20 like to be thought of as a serious Senator, 21 responsible for serious and meaningful 22 legislation. I can think of no more meaningful 23 piece of legislation than what we have here 6277 1 before us. The issue is literally life and 2 death, the issue is of paramount importance to 3 everyone in this chamber. I daresay everyone 4 in this chamber knows of a friend or a relative 5 who has suffered from this terrible disease. 6 Just this past year, I buried my 7 cousin, a young woman with two young children, 8 because of this terrible disease. I see no 9 greater thing we could do, no more important 10 issue to address than this particular issue. 11 When I came to the Senate, I was 12 aware of the fact that Senator Tully had 13 proposed legislation to develop a registry, and 14 in conjunction, I joined with this piece of 15 legislation, I joined, I became a co-sponsor. 16 And Senator Tully, you should be congratulated 17 for starting the debate, for leading the charge 18 and opening the doors. It wasn't easy, it 19 wasn't always popular, but he did it, he took 20 on an issue which he knew was controversial and 21 he carried it. 22 Senator Bruno, recognizing the 23 seriousness of this issue, picked it up. We 6278 1 all recognized that the earlier bill had some 2 flaws to it and we wanted to make a bill that 3 could pass, we wanted to make a bill that could 4 work, we wanted to make a bill that would 5 address the issue of not merely listing 6 pesticides, because merely a listing of 7 chemicals provides us with nothing but a list. 8 This bill that we're debating here 9 today addresses a health concern, addresses a 10 research concern, has a water monitoring 11 component, has a funding component. This bill 12 can work, this bill is meaningful, this bill 13 will work if addressed in the proper way. 14 Take the political rhetoric out of 15 the issue. Get rid of the bipartisan -- get 16 rid of the partisanship and make it bipartisan, 17 the way it should be, the way it ought to be. 18 Let's address the real concerns 19 here. The real concern is finding a cure for 20 a terrible, terrible disease, one that it is 21 said impacts one in nine, but if you look on 22 Long Island, it's probably closer to one in 23 three or one in four. How about -- that's on a 6279 1 statewide number, one in nine is a statewide 2 number; let's bring it down to Long Island, 3 one in three, one in four, a terrible number. 4 Recently I attended a rally in Long 5 Island where a Garden of Hope was dedicated, 6 was dedicated by One in Nine. This garden was 7 to commemorate those women who formed this 8 organization. My friends, many of whom are no 9 longer with us, many of whom who were depicted 10 have passed away as a result of this disease. 11 They've literally given their lives in this 12 fight. They knew what their cause was and they 13 knew their life was limited but they spent 14 their life, what was remaining of it, and they 15 spent their energy to try to develop a program 16 that would address the problems of breast 17 cancer in this state. 18 This is a very meaningful afternoon 19 and time well spent. If you have an 20 opportunity to come down to Nassau County, 21 we'll take you to that little park, we'll take 22 you to that little site; you can't help but be 23 moved. 6280 1 As I said at the beginning of my 2 comments, we have an opportunity here to do 3 something meaningful and something that is 4 real, not pie in the sky, not something that 5 may or could, but something that will address 6 an issue in a real way. 7 I commend Senator Bruno for his 8 leadership, I commend Senator D'Amato for his 9 leadership, I commend Geri Barish for her 10 leadership and I commend all of the groups who 11 have signed on in support of this piece of 12 legislation, groups like the Aldephi University 13 Breast Cancer Hotline, the American Cancer 14 Society of Albany, the American Cancer Society 15 of Long Island, the Babylon Breast Cancer 16 Coalition, the Bond Camp, Brentwood Breast 17 Cancer Coalition, Cancer Care, Incorporated of 18 Long Island, the Great Neck Breast Cancer 19 Coalition, the Huntington Breast Cancer 20 Coalition, the Long Beach Breast Cancer 21 Coalition, the Lucas Construction Company, 22 Lorraine Pace of the Breast Cancer Survivors 23 and Activists, the Healthy Environment for a 6281 1 Living Planet, West Islip Breast Cancer 2 Coalition, the Long Island Progressive 3 Coalition, the Long Island Neighborhood 4 Network, and Mary Wolf, Ph.D., American Cancer 5 Society, and the Medical Society of New York 6 State, which issued a press release commending 7 the Majority Leader on the development of this 8 particular piece of legislation. 9 I know there are many groups I 10 haven't listed, and so I won't, who are opposed 11 to it. We can address all of their concerns in 12 the process. My suggestion is, sign on, come 13 on board. This bill is a meaningful step in 14 the right direction. This bill has Farm Bureau 15 support, this bill has all sides involved 16 willing to participate in it in a positive 17 way. 18 So, I commend all of those who 19 brought it to the floor here. This was not an 20 easy thing. I commend everyone involved and 21 urge everyone involved to look at this bill in 22 a positive way, as a good first step, as a 23 beginning to the process. 6282 1 I intend to support this bill 2 vigorously. Thank you, Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Leichter, I had you next on the list, but in 5 talking to Senator Oppenheimer, she indicated 6 you were going to yield the floor to her. 7 The Chair recognizes Senator 8 Oppenheimer. 9 SENATOR OPPENHEIMER: Thank you. I 10 believe you have an amendment at the desk and 11 I'll waive its reading. There is an amendment 12 at the desk. 13 ACTING PRESIDENT KUHL: Yes, there 14 is an amendment at the desk, Senator 15 Oppenheimer. The reading of it is waived and 16 you're now afforded the opportunity to explain 17 your amendment. 18 SENATOR OPPENHEIMER: Okay. I'm 19 having a little trouble here because for me it 20 isn't -- it isn't political rhetoric or a 21 political activity, I am a breast cancer 22 survivor, and I feel what I'm hearing is 23 support by groups that are saying it's better 6283 1 to take a bone thrown and to have something, 2 which is better than nothing, because we have 3 no data base, no information now. But, as I 4 see it, it's almost -- the data will be so 5 incomplete, be so inaccessible, will not be 6 valid data to create the kind of data base that 7 we need. We need a comprehensive data base in 8 order to arrive at reasoned conclusions. 9 The largest users in our state are 10 the farmers and they are only required to 11 report on restricted use pesticides, and we know 12 that that's only about 25 percent of the 13 pesticides that they are using. What kind of 14 valid data base is that? 15 Let me turn to the amendment. The 16 amendment is the Tully-Englebright bill and it 17 does enjoy a very broad-based support from 18 environmentalists and women's rights groups and 19 health advocates in our state. As we know, it 20 has passed the Assembly for three years now and 21 by very large margins, overwhelming margins, 22 and it is stalled in the Senate and that is why 23 we are seeing this bill before us. 6284 1 It also has in the past been 2 sponsored by several Republican Senators: 3 Tully, Hannon, Hoblock, Johnson, Lack, LaValle, 4 Leibell, Levy, Marcellino, Skelos, Trunzo, and 5 it has many supporters outside of this 6 chamber, to name a few of them, the League of 7 Women Voters, NOW, the Environmental Advocates, 8 NYPIRG, the Sierra Club, Capital District 9 Breast Cancer Coalition, the Citizens 10 Environmental Coalition, the Women's Bar 11 Association, the American Cancer Society, which 12 does support the other bill as well because 13 they would rather see something than nothing, 14 but this is the bill they would like to see, 15 Judges and Lawyers for the Breast Cancer 16 Alert. 17 Let me describe the amendment as 18 briefly as I can. It requires an annual report 19 from the DEC summarizing the pesticide sales 20 and use by active ingredient, category of 21 applicator, region, and documented human and 22 wildlife pesticide poisonings. The reports are 23 done annually and must be available to all 6285 1 interested parties. 2 The bill that Senator Bruno has 3 before us does not require an annual report and 4 the information is not available to all 5 interested parties, as we know. The information 6 will be made available for cancer research but 7 not for other research. 8 This amendment requires 9 manufacturers and importers of registered 10 pesticides to report sales annually by February 11 1st on computer disk or in writing. It directs 12 the DEC to make the reports available to all 13 interested parties. As I have mentioned, this 14 is not true of the Bruno bill. It requires 15 both commercial and private applicators to file 16 an annual report on purchases of restricted use 17 and general use pesticides, including quantity, 18 by product and by active ingredient. 19 The bill before us, the Bruno bill, 20 does not require private applicators to report 21 on the purchases of general use pesticides, 22 even though, as I mentioned earlier, this is 23 the general use pesticide that most farmers are 6286 1 applying. 2 And indeed, I think we should note 3 here that the highest incidence of cancer is 4 occurring in our agricultural counties. I 5 heretofore also thought that it was basically 6 occurring in my county because a majority of 7 the people I know, women who have had breast 8 cancer and also in Long Island where we 9 originally had the original impetus to start to 10 focus on this issue. 11 However, as it turns out, it is 12 upstate that has the highest incidence, the 13 highest is in Chenango, the second highest is 14 in Ontario County, and the third highest is in 15 Monroe County. 16 Also, the Bruno bill does not 17 require that the product name or that the 18 active ingredient be named, only the EPA, the 19 Environmental Protection Agency's registry 20 number which makes it a whole lot harder for 21 the general public to begin to understand what 22 is in this registry. 23 My amendment requires more reporting 6287 1 information than in the Bruno bill, it requires 2 reporting on quantity, active ingredient, and 3 for each application it requires the name of 4 the pesticide, the quantity, the dosage rate, 5 the rate of application, the -- the date of 6 application, pardon me, the method, the 7 location by nine-digit zip code, the acreage 8 and the target organisms. 9 This information must be made 10 available to the general public with the names, 11 addresses and other identifying information 12 deleted. Now, this information would be much 13 more accessible to all interested parties and 14 it would not conceal the location as we see 15 would happen under the Bruno bill. 16 This amendment does not exempt 17 farmers from liability for damages resulting 18 from groundwater pesticides contamination. The 19 existing law, as it has always been, would be 20 left intact. This is not true on the Bruno 21 bill which shifts the loss to innocent third 22 parties who do not choose to use the pesticide, 23 nor they did not benefit monetarily from using 6288 1 the pesticide and they have absolutely nowhere 2 to go to redress their grievance. 3 I think I've touched on the main 4 points of the amendment, and I would like to 5 move the amendment at this time. 6 ACTING PRESIDENT KUHL: Senator 7 Bruno, on the amendment -- Senator Leichter. 8 SENATOR LEICHTER: No, I yield to 9 Senator Bruno. 10 ACTING PRESIDENT KUHL: Senator 11 Bruno, on the amendment. 12 SENATOR BRUNO: Mr. President, 13 we're not going to get engaged here on this 14 side of the aisle in any prolonged debate on 15 this particular amendment which really, in 16 essence, takes this bill back to the original 17 version that was passed in the Assembly that 18 creates about 24 million reports from anyone's 19 count, that made it totally unrealistic that 20 anyone could deal with the collection of this 21 data in any orderly way and make it of any 22 practical use, and that is a piece of 23 legislation that is going nowhere towards 6289 1 solving this issue. 2 So, we're not going to debate it on 3 this side of the aisle in this chamber, but 4 instead, Mr. President, we're going to ask to 5 form a conference committee and those that are 6 advocates of the Assembly's version presently 7 can be represented through that conference 8 committee because if we really want to resolve 9 this issue, that's the way we ought to do it, 10 and I can share with you that we have tried for 11 a length of time to resolve this in the 12 Assembly, to pass a real bill that the Governor 13 will sign. The Governor will not sign that 14 version of the bill. So, posturing isn't the 15 answer. 16 So, we don't want to posture, Mr. 17 President. What we want is to resolve this 18 issue, it's too important to too many people in 19 this state. So, we're going to ask for a 20 conference committee and our deputy Majority 21 Leader, Senator Dean Skelos, will chair that 22 conference committee and also on it will be the 23 chair of EnCon, Carl Marcellino, Senator Tully, 6290 1 the original sponsor that brought this issue 2 before us will be on that committee, and 3 Senator Randy Kuhl, who chairs the Agriculture 4 Committee here in the Senate, we would ask to 5 serve on this committee; and we will await the 6 appointment of the Minority office so that we 7 can conclude our part. 8 So, through this conference 9 committee approach, we have been able to 10 resolve in a positive way some very difficult 11 issues. 12 So, if you will indulge us, we are 13 not going to debate this specific amendment for 14 the reasons that I just stated. Our position 15 is clear, that we want to move to a meaningful 16 resolution of how you collect this information, 17 what use it's put to, how you fund it, and who 18 it is available to, what is the availability of 19 this information to what segment of the 20 population. All of that is resolved in this 21 approach, but we understand that people have 22 differences of opinion and we're confident that 23 through the conference committee approach, we 6291 1 can resolve the differences and see a bill that 2 we can pass in both houses that will become 3 law. 4 Thank you, Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Leichter on the amendment. 7 SENATOR OPPENHEIMER: Would Senator 8 Bruno yield to a question? 9 ACTING PRESIDENT KUHL: Senator 10 Bruno, would you yield to a question from 11 Senator Oppenheimer? 12 SENATOR BRUNO: Yes, Mr. President, 13 and I will have to excuse myself shortly. 14 We're trying to move the process forward in 15 some other areas here that are important to all 16 of us and I believe we're going to be getting 17 together with some of those involved within the 18 next five or ten minutes. 19 ACTING PRESIDENT KUHL: Senator 20 Oppenheimer. 21 SENATOR OPPENHEIMER: Senator Bruno, 22 I am very happy to hear that there will be a 23 conference committee. I would respectfully 6292 1 request that, if I could be put on that 2 committee, I would like to be on it. It's a 3 very important issue to me for the afore 4 mentioned reason and - 5 SENATOR BRUNO: Senator, and that 6 will be noted, I'm sure, by the Minority 7 Leader, your leader. 8 SENATOR OPPENHEIMER: And also - 9 SENATOR BRUNO: So we will await a 10 recommendation to us. 11 SENATOR OPPENHEIMER: I just wanted 12 to object to the word "posturing" because as 13 the Assembly, when they passed their bill and 14 you could say that you here now would be 15 posturing. I think you may have different 16 approaches, you're similarly interested in 17 trying to do something. I think the 18 conference committee is the way to go; I 19 applaud that. 20 SENATOR BRUNO: Thank you, and I 21 apologize if I was offensive in the use of 22 posturing. I guess I was just making it clear 23 that the Governor has indicated he would not 6293 1 sign that bill, it would not become law, and so 2 to debate that bill isn't very productive in 3 any of our lives, so I apologize. 4 ACTING PRESIDENT KUHL: Senator 5 Leichter, on the amendment. 6 SENATOR LEICHTER: Senator Bruno, I 7 realize that you have other important business 8 to do, but before you leave, I wondered, would 9 you be so kind to yield to one question? 10 SENATOR BRUNO: Yes, I'd be happy 11 to. 12 SENATOR LEICHTER: Senator, under 13 your bill, you provide that commercial 14 applicators will inform the data base or will 15 collect information from the data base on 16 restricted pesticides and also on general use 17 pesticides, is that correct? 18 SENATOR BRUNO: In the general use, 19 those that have a probable cause. 20 SENATOR LEICHTER: Right, and 21 because -- and you do that because you want to 22 have as complete a data base as possible. 23 SENATOR BRUNO: Excuse me. I've 6294 1 been corrected. The commercial applicator will 2 report all, general, you are correct. 3 SENATOR LEICHTER: Okay, fine. And 4 you do this, obviously, because you think it's 5 important to put into the data base the use of 6 the general use pesticides, isn't that right? 7 SENATOR BRUNO: Yes. 8 SENATOR LEICHTER: Well, can you 9 tell me, then, why, if it's important for the 10 commercial applicators to do it, why you exempt 11 farmers who are actually the utilizers of 75 12 percent of all general use pesticides? 13 SENATOR BRUNO: The general use 14 pesticide registry is presently required of 15 commercial applicators, that's present law, and 16 farmers presently are not required to report 17 all general use; and the best answer I can give 18 you is that once you get by the probable causes 19 or the potential causes, you get into 20 categories that relate to almost household use 21 pesticides and to require farmers to have to 22 file reports would require literally millions 23 and millions of reports to be filed for no 6295 1 consequential reason. 2 SENATOR LEICHTER: Senator, you're 3 saying -- if you would be good enough to 4 continue to yield. 5 ACTING PRESIDENT KUHL: Senator 6 Leichter, are you asking Senator Bruno to 7 continue to yield? 8 SENATOR LEICHTER: Yes, if he would 9 be good enough to yield. 10 SENATOR BRUNO: I yield. 11 ACTING PRESIDENT KUHL: Senator 12 yields. 13 SENATOR LEICHTER: Senator, I have 14 difficulty understanding your saying that no 15 use would be served by having farmers file 16 records on their utilization of general use 17 pesticides. You've admitted that you have the 18 commercial applicators file that information, 19 it's under present law, it's provided in your 20 bill, and you do so because the fact is that 21 there are a number of general use pesticides 22 which have been identified as possibly being a 23 cause of cancer, particularly breast cancer, but 6296 1 then when it comes to farmers, you say it would 2 serve no purpose. Senator, I find your position 3 is, frankly, hard to understand. 4 SENATOR BRUNO: Well, I can 5 understand that, Senator. Let me see if I can 6 help you be a little clearer. 7 There are over 10,000 general use 8 pesticides that are in use in our homes, by 9 private applicators such as farmers. Now, if 10 you are going to mandate by law that any time a 11 farmer uses Comet, a can of cleaner, cleanser, 12 to wash their utensils, to do whatever, which 13 people use all over the country, you want them 14 to file a form by the hundreds for just common 15 household products, we think that that is -- I 16 was going to say ridiculous. It just doesn't 17 serve a purpose, and it literally creates such a 18 glut of information, such as in California, that 19 it will bury everyone in paperwork and serve no 20 consequential purpose. There will be no 21 result. That's the thinking that's behind 22 limiting this in this way. 23 SENATOR LEICHTER: Senator, if the 6297 1 idea and the purpose is - 2 ACTING PRESIDENT KUHL: Senator 3 Bruno, excuse me. Do you continue to yield? 4 SENATOR BRUNO: Yes, Mr. President. 5 SENATOR LEICHTER: One last 6 question. 7 SENATOR BRUNO: Yes, Mr. 8 President, one last question. 9 ACTING PRESIDENT KUHL: Senator 10 yields for one last question. 11 SENATOR LEICHTER: That if the idea 12 and purpose is to get a complete data base and 13 to try to collect information on pesticides 14 that are actually being used, it seems to me 15 inherently illogic to say, "Well, so many 16 pesticides are being used that we can't record 17 them," so, therefore, the very likelihood of 18 identifying some causation between pesticide 19 use and cancer is negated by your being 20 unwilling to deal with what you say is a mass 21 of paperwork that, and I'll deal with it later, 22 can easily be handled. 23 But, it defeats the very purpose of 6298 1 your bill. 2 SENATOR BRUNO: Mr. President, I'm 3 looking at the Long Island Breast Cancer 4 Coalition, signed by the president, Geri Barish, 5 and let me just read you a couple of sentences 6 from their response to your question and your 7 concerns: "Following the advice of California 8 registry experts, this legislation that's 9 before us seeks to avoid the data overload and 10 backlog afflicting that state's landmark 11 reporting system by focusing on the most 12 suspected pesticides first, restricted and 13 known probable carcinogens. Cancers activists 14 cannot afford to have New York's registry 15 undermined by overwhelming it with data on the 16 thousands of restricted and general use 17 pesticides applied in this state. The 18 resulting administrative burden and cost would 19 certainly threaten the continued existence and 20 utility of such a registry. The incremental 21 approach described in this bill, combined with 22 a petition mechanism to add specific 23 pesticides, is more prudent while pesticide 6299 1 reporting and research is in its infancy." 2 Now, this is a group that has been 3 way out front for years with their major 4 concern and main concern dealing with breast 5 cancer, what causes it, what to do about it, 6 how to cure it. That's their response to your 7 question, and it's a lot better than any that I 8 could ever give you. 9 SENATOR LEICHTER: Senator Bruno, do 10 you have time for one more question? 11 SENATOR BRUNO: Yes. 12 SENATOR LEICHTER: Good. Let me 13 just say, Senator, of all the organizations 14 involved in this battle, including One in Nine, 15 Senator, you have them vote on which bill they 16 prefer to see, whether they would prefer to see 17 the Tully-Englebright bill as contained in 18 Senator Oppenheimer's amendment, or your bill. 19 And you know overwhelmingly what 20 they want is a full, complete, effective bill 21 and let me just point out to you that One in 22 Nine, in their spring 1996 bulletin, I guess 23 before certain pressures or inducements or 6300 1 other persuasion was applied to them to write 2 this letter, they said, "One in Nine --" I'm 3 quoting, "One in Nine finds this provision of 4 S. 6009 particularly troubling. It is a 5 well-known fact that the majority of the 6 pesticides sprayed and applied to the food that 7 we eat fall under the classification of general 8 use pesticides." 9 But, my question to you, Senator, is 10 you said that the Tully-Englebright bill 11 wouldn't go anywhere and I was going to say 12 that this bill really misses the mark. It's 13 sponsored, of course, by some very distinguished 14 Senators from your side of the aisle, Senators 15 Tully, Hannon, Hoblock, Johnson, Lack, LaValle, 16 Leibell, Levy, Marcellino, Skelos and Trunzo. 17 Senator, you put that bill out, you put that 18 bill out, and I guarantee you, it will go 19 somewhere, it will go right down to the 20 Governor's desk because Senator Connor has told 21 me that there is enough votes in the Democratic 22 Minority here, combined with these distinguished 23 Senators, that that bill will go out. 6301 1 Now, maybe some of them may 2 not vote for their own bill as an amendment and 3 we'll have the usual argument, "Well, it 4 violates our procedures," and so on, but the 5 fact is, the only reason this bill isn't going 6 anywhere is because you refuse to put it out. 7 SENATOR BRUNO: Do you have a 8 question, Senator? 9 SENATOR LEICHTER: Yes. Put the 10 bill out. Will you put the bill out? 11 SENATOR BRUNO: Mr. President, the 12 answer is no, and we wouldn't put the bill out 13 because the Governor would not sign that bill. 14 It would not become law. It would be a waste of 15 everyone's time. And, Senator, I am amazed 16 that you aren't aware that the passage that you 17 read was in the early version of our bill. We 18 are going to pass the "B" print and that was 19 corrected. So, thank you for calling that to 20 our attention, but when One in Nine was calling 21 that to your attention, we corrected that in 22 this legislation. So, thank you. 23 ACTING PRESIDENT KUHL: Senator 6302 1 Leichter, on the amendment. 2 SENATOR LEICHTER: Senator Bruno, I 3 thank you. Let me just briefly say while 4 you're still here the part that I read very 5 clearly referred to general use pesticides and 6 that, I think, is the point that we were trying 7 to make. 8 Let me also say I think it is very 9 likely that if the amendment passes, if the 10 Tully-Englebright bill passes, that the 11 Governor would sign it. I do not believe that 12 this Governor would say to the people of the 13 state of New York, and particularly the women 14 of the state of New York, "I'm not going to 15 sign a bill that would provide a comprehensive 16 data base," I just don't believe that. 17 But, the fact is I think what we 18 have here is really this is a fig leaf to cover 19 the Republicans' failure to address the use of 20 pesticides which are causing cancer in our 21 society, and what we have here is a compromise, 22 so-called, but you're compromising with the 23 health of New Yorkers, you're compromising with 6303 1 the health particularly of women who are 2 subject to breast cancer. If you take a look 3 at the organizations that Senator Marcellino 4 read off, I think without exception, Senator, 5 you would have to concede they would prefer to 6 see the Tully-Englebright bill. 7 ACTING PRESIDENT KUHL: Senator 8 Leichter, excuse me. Senator Marchi, why do 9 you rise? 10 SENATOR MARCHI: I would request 11 that the Senator yield for a question, please. 12 SENATOR LEICHTER: I will. 13 ACTING PRESIDENT KUHL: Senator 14 yields to a question. 15 SENATOR MARCHI: I'm a little 16 intrigued by the opposition and number two on 17 the list is the state of New York, State Trial 18 Lawyers' Association. I would like to know, 19 do you have the reasons they assign for 20 opposing this bill, that they have come out in 21 opposition? What is the basis for their 22 opposition? 23 SENATOR LEICHTER: Senator, what 6304 1 they oppose is the Bruno bill. They have no 2 problem whatsoever with the Tully-Englebright 3 bill as contained in the amendment. 4 SENATOR MARCHI: Tell me, coming 5 from where they are coming from, why do they 6 oppose it? 7 SENATOR LEICHTER: Senator, I'm 8 going to give you their memo which would set it 9 forth much better than I can tell you, but the 10 basic reason is because they are opposed to 11 eliminating the long-standing common rule 12 principle which applies to farmers who use 13 pesticides, and that is strict liability. You 14 and I learned that in law school. So many 15 things have changed since you and I were in law 16 school; there were some bedrock principles, and 17 one of them, as you remember and even I 18 remember it, was that somebody who uses an 19 inherently dangerous substance assumes full 20 liability on the grounds that if you -- and 21 even though that person may not have known that 22 the substance was dangerous or may not have 23 known the specific reasons or grounds contained 6305 1 in that particular substance, that when you're 2 pooling the interests of a totally interested 3 party whose well has been poisoned by 4 pesticides, whose children drink from that 5 well, whose children develop tumors, whose 6 family may be devastated by cancer, and a 7 farmer who used that pesticide put it in the 8 well, then the common law and our principles of 9 law that apply even now but would not under 10 this bill, is that the farmer is strictly liable 11 and that I believe is the grounds for the 12 opposition of the trial lawyers. 13 SENATOR MARCHI: Senator, the 14 difficulty I have is to reconcile their support 15 of the legislation which to me waters down the 16 liability that exists today. 17 SENATOR LEICHTER: I'm sorry, I'm 18 not sure I understand your question. 19 SENATOR MARCHI: I don't see how 20 they -- you also stated, but I'm not sure of 21 that because I don't have any memo, you also 22 stated that the trial lawyers support the other 23 bill or the bill that we're talking about. 6306 1 SENATOR LEICHTER: Right. 2 SENATOR MARCHI: Why? 3 SENATOR LEICHTER: Well, they don't 4 oppose it, Senator, because it doesn't - 5 SENATOR MARCHI: You said that they 6 support it. Is that in error? 7 SENATOR LEICHTER: Senator, I'm 8 advised that they do not oppose it and the 9 reason that they don't oppose the Tully 10 Englebright bill, the Oppenheimer amendment, is 11 because it doesn't do damage to the long 12 standing principle of the common law that 13 strict liability ought to apply to somebody who 14 uses pesticides. 15 SENATOR MARCHI: Thank you, Mr. 16 President. 17 ACTING PRESIDENT KUHL: Senator 18 Marcellino, why do you rise? 19 SENATOR MARCELLINO: Yes. Would 20 Senator Leichter yield for a question? 21 SENATOR LEICHTER: Certainly. 22 ACTING PRESIDENT KUHL: Senator 23 yields. 6307 1 SENATOR MARCELLINO: Thank you, 2 Mr. President. 3 Mr. President, through you, Senator 4 Leichter, the trial lawyers, I believe, use 5 the example of dynamite. They say that if you 6 use dynamite, you're liable, not the 7 manufacturer. 8 Isn't it true, though, that if you 9 use dynamite, you're fully aware of the 10 potential danger of dynamite to destroy, to 11 harm, whereas a farmer using a pesticide today 12 has absolutely no knowledge, other than what 13 he's being told by the current scientific 14 knowledge of the day as to what is or is not a 15 problem? 16 SENATOR LEICHTER: Senator, I don't 17 think that's quite so. I think that what we 18 have learned is that pesticides can be 19 extremely dangerous, even general use 20 pesticides. There are general use pesticides, 21 for instance. 22 SENATOR MARCELLINO: Senator - 23 SENATOR LEICHTER: Let me finish 6308 1 answering your question. 2 SENATOR MARCELLINO: Sure. 3 SENATOR LEICHTER: -- Dursban, 4 which there seems to be indication - 5 SENATOR MARCELLINO: Seems to be. 6 SENATOR LEICHTER: That's right. 7 Therefore, just by the same token, there is 8 indication that dynamite, which, when properly 9 used, is safe; but, if improperly used, is 10 dangerous. I submit to you that there are 11 general use pesticides that are inherently 12 dangerous, that can do as much damage, if you 13 will, as dynamite, and it certainly seems fair 14 under those circumstances and with the general 15 knowledge that farmers and everybody else has 16 as to the use of pesticides that they ought to 17 be held strictly liable. 18 Senator, the fact is that the 19 highest rate of cancer, breast cancer, is not 20 on Long Island, it's in farm areas. Senator 21 Oppenheimer read to us the statistics. We have 22 to - 23 SENATOR MARCELLINO: Senator - 6309 1 ACTING PRESIDENT KUHL: Senator 2 Marcellino, Senator Leichter has the floor. 3 SENATOR MARCELLINO: I apologize. 4 SENATOR LEICHTER: That's all 5 right. Please go ahead. You're anxious to ask 6 your question. 7 SENATOR MARCELLINO: The question is 8 simple. What I heard from Senator Oppenheimer 9 in those statistics, what I heard was that 10 there was some studies that seemed to indicate 11 that it might be the case, that it might be the 12 case, that there are percentages involved 13 because in small rural communities, very small 14 numbers of incidences can shift percentages and 15 sound much higher than in areas where the 16 population is much denser. So, downstate, 17 Long Island where you have a huge number of 18 people, the same number of incidences would be 19 relatively small compared to upstate 20 communities with a lesser population. 21 But to get back to the question, 22 your point of a farmer who is operating under 23 current practices, currently accepted 6310 1 practices, using pesticides with appropriate 2 methodology, you're saying that that farmer, 3 ten years down the line, should be sued if 4 someone finds out that that pesticide, ten 5 years later, could have caused cancer, is that 6 what you're saying? 7 SENATOR LEICHTER: Senator, that 8 had been the principle of law that has been 9 applied, it's based upon, as I tried to point 10 out, not point out to Senator Marchi, because I 11 wouldn't presume to educate him on the law, but 12 remind him what we learned in law school and 13 has been employed by the courts in a perfectly 14 consistent, fair manner. 15 Senator, you want to put the burden 16 on that family whose children have developed 17 cancer and say, well, they are out of luck, the 18 farmer used pesticides, maybe he should have 19 realized or known, but there wasn't any 20 specific information, tough luck to those kids 21 who have cancer or those women who develop 22 breast cancer, I just don't accept that. 23 SENATOR MARCELLINO: Would you 6311 1 yield? 2 ACTING PRESIDENT KUHL: Senator 3 Leichter, do you continue to yield? 4 SENATOR LEICHTER: Yes. 5 SENATOR MARCELLINO: Thank you, 6 Mr. President. 7 Senator, asbestos, used in school 8 buildings, used by the U. S. Navy, used in many 9 homes, the user is not held liable, it went 10 back to the manufacturer. Those people that 11 you're talking about could sue the manufacturer 12 and not the farmer, who is also, you might say, 13 an innocent party to the proceedings. They are 14 not doing something to deliberately poison, 15 they are doing something which is an accepted 16 farming practice with the accepted knowledge of 17 the day. I mean, we're not suing, we're not 18 suing the Navy, we're not suing that landlord 19 of an apartment building where asbestos lined 20 the pipes, we're suing the manufacturer. All 21 we're saying is treat the farmer in the same 22 way. 23 I don't see the problem. Perhaps 6312 1 you could educate me on that. I'm not a 2 lawyer, thank God. 3 SENATOR LEICHTER: I would be happy 4 to educate you on that, Senator, because I 5 think, Senator, I think what happens is that 6 the women who developed breast cancer under my 7 example, the children who develop tumors, of 8 course you would sue the manufacturer, you 9 would see the manufacturer not only because 10 under common principles, he's more culpable, 11 but you would sue the manufacturer because he 12 has deeper pockets. 13 Now, you also sue the farmer. It 14 may be that in some instances, the manufacturer 15 is no longer around, so at that point, at that 16 point, state of New York, you have a situation 17 where your two parties, you may say both of 18 them are innocent, but certainly between the 19 two of them, I think most fair minded people 20 would say that the recovery should be had by 21 those persons who develop cancer against the 22 farmer who put that dangerous pesticide into 23 the ground and poisoned the well. 6313 1 The farmer -- where you have a 2 culpable manufacturer who is still around, if 3 you sue the farmer, the farmer would just cross 4 claim against the manufacturers, so that in 5 most instances, you would not have a recovery 6 against the farmer. So, to make it that 7 you're looking for farmers to pay what the 8 asbestos manufacturer pays, you're going to 9 have a billion dollar judgment against farmer 10 is, of course, totally ludicrous. 11 Senator, this has been the law, it's 12 worked in the common law in many situations. 13 Farmer builds a dam, he does it according to 14 the best known method of building a dam. 15 Unfortunately, the dam breaks, floods the land 16 of his downstream neighbor. Who's liable? 17 The farmer, that's been the law. 18 ACTING PRESIDENT KUHL: Senator 19 Skelos, why do you rise? 20 SENATOR SKELOS: With Senator 21 Leichter's indulgence, and perhaps for a more 22 orderly debate, not that it isn't very 23 interesting, maybe we should vote on the 6314 1 amendment and then we can get on to the bill 2 itself because the debate is now going into the 3 merits of the bill, the demerits of the bill, 4 whatever you want to call them. Maybe we 5 should vote on the amendment and then go on to 6 the bill. 7 Well, if you wish to continue, I'm 8 not going to - 9 SENATOR LEICHTER: Senator Skelos, 10 the fact is that really the amendment and the 11 bill go together. What we're saying is that 12 we want to go and have the bill that has the 13 support of all these prominent Republican 14 Senators and that's what we ought to be voting 15 on. 16 SENATOR SKELOS: But Senator 17 Leichter, I don't consider myself a prominent 18 Republican, but I'm certainly - 19 SENATOR LEICHTER: With 20 exceptions, with exceptions. 21 SENATOR SKELOS: -- proud to be a 22 Republican and I am one of those nine, but I'm 23 also very proud to be supporting this 6315 1 legislation which I think goes a lot further 2 than the amendment, things like check-offs so 3 that we can have public awareness programs, 4 that there is a funding stream that will be 5 used for research and I could go on and on, but 6 maybe we'll save that for the bill itself, once 7 the amendment is defeated. 8 ACTING PRESIDENT KUHL: Senator 9 Leichter, do you wish to continue on? 10 SENATOR LEICHTER: Yes, I do wish 11 to continue. 12 ACTING PRESIDENT KUHL: Senator 13 Leichter, on the amendment. 14 SENATOR LEICHTER: Senator 15 Oppenheimer, I think, pointed out in discussing 16 all the benefits and advantages of her 17 amendment what is wrong with this particular 18 bill. The point is that you need a full, 19 complete data base. We don't know specifically 20 which chemicals are responsible for the high 21 incidence of breast cancer. We do know that it 22 is a medical crisis that we face and I want to 23 say that everybody in this chamber, but I 6316 1 particularly want to acknowledge the long fight 2 that Senator Tully has waged on this issue and 3 everybody has acknowledged that and Senator 4 Marcellino got up, and Senator, I think you 5 spoke very genuinely, very sincerely and with 6 real concern, so nobody is questioning the 7 common goal that we have of trying to find out 8 to the best extent possible which other 9 pesticides that are contributing to the high 10 incidence of breast cancer. 11 And, by the way there is not just 12 cancer, there is neurological damage, which is 13 another problem with this bill, because it's 14 all limited to cancer and the pesticides may 15 cause other ailments. 16 But, what we're saying is that if 17 we're going to do it, then you've got to do it 18 completely, you can't compromise with the 19 health of New Yorkers and that's what you're 20 doing, you're doing it because you're saying, 21 "Well, we don't want to impose this burden on 22 farmers," and Senator Bruno -- and I found his 23 position, frankly, difficult to understand and 6317 1 I think constitutionally -- and I think 2 illogical. 3 If you want to find out, then you've 4 got to have a registry of all of the 5 pesticides. We're not talking pesticides that 6 you use at home, we're talking -- and in any 7 event, those are covered by the commercial 8 applicators. If you say the commercial 9 applicators have to list and have to have a 10 registry of all pesticides restricted, as well 11 as the general use pesticides, then you've got 12 to do it for the farmers and you must do it for 13 the farmers because otherwise you have an 14 incomplete data base and that's what we're 15 arguing. We're arguing that, if you're going to 16 do it, you can't do this in the usual Albany 17 way, Well, let's cut the difference. I mean, 18 this is not a negligence suit and we're going 19 to cut the award in half. We're dealing with 20 something, frankly, that I just think is too 21 serious. 22 And when Senator Marcellino gets up, 23 and Senator, I've heard this so often in this 6318 1 house, when somebody is uncomfortable with a 2 bill that they've got to support they say, "Oh, 3 well, it's a first step." Senator, I think 4 this issue is too important to be satisfied 5 with first steps. 6 I want to go back and I want to do 7 the bill that was done, that was introduced by 8 you together with Senator Tully, and you know 9 in your heart, you know in your heart that that 10 is a preferable approach and every one of those 11 organizations that you read off, you give them 12 a choice, you go to the One in Nine and you 13 say, "Do you want the Tully bill or do you want 14 the Bruno bill," and I think unanimously they 15 would say, "We want the Tully bill." 16 You know, Senator Bruno says, "Well, 17 let's not be political on this issue," which is 18 interesting coming from the Majority Leader 19 because -- and I respect him and he's a very 20 combative Majority Leader, certainly doesn't 21 shy away from political issues. I suspect the 22 reason that he doesn't want this to become a 23 political issue is because he knows that you're 6319 1 on the wrong side of this issue, that what 2 you're doing is not what the people of the 3 state of New York want, it's certainly not what 4 they need. What they need is a full, complete, 5 workable data base that's going to get us 6 results. Your bill has a loophole that is so 7 enormous that we'll never accomplish what we 8 want and that is to identify the pesticides 9 that are causing the cancers and other 10 illnesses in our society. 11 So, I urge you all very strongly to 12 do the amendment. If you don't want to do it 13 under the name of Oppenheimer, although I think 14 it's a fine name, then bring out the Tully 15 bill, bring it out, I'm sure that all the 16 co-sponsors will vote for it. You've got the 17 votes from this side of the aisle. The 18 Assembly has passed the bill. 19 I just feel it so deeply in every 20 cell that I have that the Governor is going to 21 sign that bill when it comes out. To say 22 you're going to put it to a conference 23 committee, I don't see really what that does 6320 1 because the fact of the matter is you don't 2 want to be political but you've taken a very 3 political position. So, I urge you, do the 4 right thing, support the amendment. 5 SENATOR SKELOS: Mr. President, I 6 would just like to clarify one of the comments 7 made by Senator Leichter. He mentioned that he 8 didn't believe that certain household-type 9 pesticides should be recorded, yet under the 10 amended bill, farmers would be required to 11 report items like Lysol brand disinfectant, 12 Black Flag Special City Formula 2 Roach Killer, 13 Raid Wasp and Hornet Killer, Raid Wasp and 14 Hornet Killer 3, Zodiac Flea and Tick Spray for 15 Dogs, these are the types of items under the 16 amendment that farmers would be required to 17 file and report with the DEC. And, in fact, 18 under the amendment that's offered, if you're 19 concerned for the data base, Senator, for the 20 data base, then, Senator Leichter, you should 21 go in to the homeowners who use general use 22 pesticides, require every homeowner then to 23 report everything to DEC so we can have one 6321 1 billion pieces of information sent to Albany 2 that will just create a complete data base 3 breakdown. 4 What we have in this bill -- I'm 5 just speaking to close for myself in terms of 6 the amendment -- is a real bill with a science 7 board that's going to make decisions, not 8 bureaucrats. Say it's a bill that's going to 9 have a funding mechanism to help support public 10 information, to help fund the process in 11 finding out the cure, and that's why, Mr. 12 President, I am going to vote no on the 13 amendment. 14 SENATOR LEICHTER: Mr. President, 15 if I could ask Senator Skelos to yield. 16 ACTING PRESIDENT KUHL: The 17 question is on the amendment. We're on the 18 amendment, Senator Leichter. There are two - 19 we're on debate on the amendment, Senator 20 Leichter. There are two other members who have 21 indicated they want to speak on the amendment. 22 So, if you have a question of Senator Skelos on 23 the amendment, then it's - 6322 1 SENATOR LEICHTER: Yes, based on 2 the comment that you just made, Senator 3 Skelos. 4 ACTING PRESIDENT KUHL: Senator 5 Skelos, do you yield? 6 SENATOR SKELOS: I'm not going to 7 yield. 8 ACTING PRESIDENT KUHL: Senator 9 refuses to yield. 10 SENATOR LEICHTER: Mr. President, 11 then let me just point out to Senator Skelos, 12 the reason that farmers would have to list 13 general use pesticides, some of which you say 14 would just be used in the household is that 15 they are considered as applicators under the 16 law. Certainly it would not apply to the 17 ordinary household, and the reason that it 18 also isn't necessary for the ordinary household 19 is because they are purchasing it through a 20 process that was put in motion by commercial 21 applicators who do have to register. So, your 22 lye and other things have to be registered. 23 But the question I was going to ask 6323 1 you is whether you wouldn't want farmers to now 2 register and put into the data base their use 3 of something, say, Dursban, which is indicated 4 as causing anatomical birth defects, 24-D, 5 which is linked to non-Hodgkin's lymphoma, and 6 which is presently listed as a general use 7 pesticide; Sevin, which is used very much on 8 lawns, which kills -- which may cause 9 reproductive problems, and Atrazine -- Atrazine 10 I'm just told used to be general use but is now 11 a restricted. But, that's what we're talking 12 about, Senator, some things that are likely to 13 cause people to develop cancer and other 14 ailments. 15 ACTING PRESIDENT KUHL: Senator 16 Paterson, did you wish to speak on the 17 amendment? 18 SENATOR PATERSON: Yes, Mr. 19 President. 20 ACTING PRESIDENT KUHL: Senator 21 Paterson on the amendment. 22 SENATOR PATERSON: Mr. President, 23 on the amendment, Senator Skelos said earlier 6324 1 that the amendment is going to be defeated, and 2 actually that is a violation of Federal Rules 3 of Procedure Law, 88-e, assuming a fact not in 4 evidence. 5 However, if Senator Skelos were to 6 get up right now and challenge me to a bet, he 7 would have to bet to my one dollar, millions of 8 dollars before I would take him up on that bet 9 because I think he's right, this amendment is 10 going to be defeated. 11 But, the general understanding that 12 this is the case can often lead to the 13 perception, as was advocated a little while 14 ago, that the efforts that Senator Oppenheimer 15 was making could be considered kind of a form 16 of posturing. And while I understand the 17 desire to move legislation quickly and the need 18 to expediate the process around here, the fact 19 is that when examining pieces of legislation 20 and offering amendments, I would just like to 21 urge a little caution among all of my 22 colleagues, that if the Assembly does not work 23 with the Senate on this piece of legislation 6325 1 which we are going to presumably pass right 2 after we address the amendment, then there will 3 be no opportunity for the Governor to sign any 4 piece of legislation and, therefore, the fact 5 that it's on the floor today could be, if 6 someone wanted to, termed as posturing. And I 7 don't think it is posturing. 8 I've heard Senator Marcellino, 9 Senator Skelos and Senator Bruno speak and I 10 think that they are taking this issue very 11 seriously, and Senator Bruno raised a point 12 that I don't agree with but I think it has 13 substantive validity and the point is that he 14 feels that if too many pesticides go on the 15 list that we would feel are at risk that it 16 would take so long to wade through them all 17 that we might not actually be able to address 18 the major ones. I don't agree with that. I 19 think that's a substantive issue, just like the 20 one that was just raised by Senator Skelos who 21 was saying that some household pesticides would 22 wind up on the list and some of them are just 23 designed to spray to keep ticks out of the 6326 1 household or other minor kinds of pesticides, 2 and I think that that's a point worth looking 3 into. 4 But, as we look to create 5 legislation that we can all live with, I think 6 that we as a legislative body, both Senate and 7 Assembly, are making a terrible mistake. The 8 mistake that we're making and the one that I 9 think this amendment addresses is the very 10 serious issues for which we have been forced to 11 today compromise because some individuals who 12 are negotiating are not negotiating out of the 13 best interests of the public. We, the 14 Legislature, are the ones who bear that 15 responsibility. 16 So, if accusations are made against 17 certain bureaus or certain individuals who 18 might have personal interests, and Senator 19 Marchi got up and expressed one, even if the 20 debate comes from total sincerity on their 21 part, we have to acknowledge that individuals 22 have certain agendas that they may represent a 23 little more than the public. 6327 1 But we in the Legislature have to 2 represent the public, and in my opinion, to 3 compromise on this bill is to make a horrible 4 mistake. Compromises are something that we 5 should maintain for situations such as 6 reapportionment, aid to localities, perhaps 7 even the distribution of the budget, but 8 certainly not on the issue that, as Senator 9 Marcellino has pointed out, has killed so many 10 women around this state. Because on those 11 types of issues we've got to come together to 12 recognize that these pesticides, the ones that 13 have been proven to have been harmful and fatal 14 in the past, attack individuals whether they're 15 upper, middle class or welfare recipients or 16 whether they are Republicans or Democrats, 17 without any regard to race, religion, national 18 origin or geographic location in this state. 19 And so if we are going to find some 20 workability, sensible, achievable remedies, we 21 are going to have to take the issues that 22 Senator Oppenheimer put forth in this amendment 23 relating to some forms of use pesticides, 6328 1 general use pesticides, specifically, the ones 2 that Senator Leichter pointed out. He talked 3 about Dursban, he talked about 24-D, he talked 4 about Sevin and Atrazine, these are pesticides 5 that have in the past not only been proven to 6 cause cancer, but it's been demonstrated that 7 they cause birth defects, reproductive 8 problems, they suppress the autoimmune system. 9 They have caused neurological damage. They 10 attack the body chemical estrogen and cause it 11 to reproduce greater in the cells of breasts of 12 women, causing all kinds of mutant reactions 13 and, too often, death. These are the types of 14 pesticides that right now would be on the list 15 and would not be checked. 16 Now, Senator Bruno says that on May 17 21st, this is somehow addressed in an 18 addendum. I don't see that before me. If it's 19 proven, I would be glad to withdraw, but the 20 point is, to just simply list the names of the 21 groups that are supportive because they have 22 been fighting for years and haven't been able 23 to establish redress is somewhat shill and is 6329 1 somewhat cursory because these groups are 2 fighting very hard and they are working to try 3 to make some change to try to spare some 4 lives. 5 If we're going to be getting up and 6 peddling a bunch of simplistic exaggeration 7 about the problems that have been caused and 8 how they are addressed in this bill and how 9 women have died all over this state, then we 10 have to remember that there are women who live 11 near farms, women who live in Long Island, 12 women who live all over this state who will be 13 taking their ancestors' place if we don't act 14 responsibly -- when you -- and responsibility 15 here is governed by our willingness to go as far 16 as possible with this legislation, not to 17 compromise. 18 We're drowning in an orgy of self 19 compromise. We have got to put forth some 20 sensible, achievable goals through whatever 21 legislation we pass and recognize that this is 22 not reapportioning of districts, this is not 23 the regular politics that goes on, that people 6330 1 around this state may not even be in the 2 position or sophisticated enough to review our 3 action. We as legislators alike have got to 4 come to the conclusion that this is an 5 extremely serious issue that will envelope us 6 all if we don't act now, which is why I am in 7 support of the amendment. 8 ACTING PRESIDENT KUHL: Any other 9 Senator wishing to speak on the amendment? 10 Senator Dollinger. 11 SENATOR DOLLINGER: Mr. President, 12 I'm going to speak on the bill when it comes to 13 the floor, but I want to just make one quick 14 comment about the amendment. 15 It seems to me that what this 16 amendment is all about - 17 SENATOR SKELOS: If I might. 18 SENATOR DOLLINGER: Certainly. 19 SENATOR SKELOS: Senator Dollinger, 20 if I could, with the consent of the Minority, 21 if Senator Levy could vote on the amendment and 22 then the bill itself. 23 SENATOR DOLLINGER: Absolutely. 6331 1 Mr. President, I yield the floor to Senator 2 Skelos. 3 ACTING PRESIDENT KUHL: The 4 question is on the amendment. Senator Levy, 5 how do you vote? 6 SENATOR LEVY: No. 7 ACTING PRESIDENT KUHL: Senator 8 Levy will be recorded in the negative on the 9 amendment. 10 Secretary will read the last 11 section. 12 THE SECRETARY: Section 14. This 13 act shall take effect in 90 days. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT KUHL: Senator 18 Levy, how do you vote on the bill? 19 SENATOR LEVY: Aye. 20 ACTING PRESIDENT KUHL: Senator 21 Levy will be recorded in the affirmative on the 22 bill. 23 Last section -- roll call is 6332 1 withdrawn. Return to the debate on the 2 amendment. 3 The Chair recognizes Senator 4 Dollinger on the amendment. 5 SENATOR DOLLINGER: Thank you, Mr. 6 President. 7 My comments on the amendment will 8 be somewhat brief. This debate about the 9 amendment is all about the price of food, 10 that's really what we're talking about, because 11 it's obvious, Senator Marcellino, that the bill 12 that's underlying this, the bill that will be 13 on the floor when this amendment -- after this 14 amendment is voted on, is a bill that will 15 impact the price of food because it will 16 require some activities on the part of farmers 17 with some reporting requirements that will 18 affect their overall costs and, therefore, 19 presumably, raise the price of the food that 20 they sell because they will have to engage in 21 activities that they are not currently 22 obligated to do by law. 23 In addition, because they are 6333 1 currently liable for the use of pesticides, 2 they have another built-in cost in the price of 3 food and that is the anticipated liability that 4 the food that they produce that will cause 5 damage to someone else, whether it's in the 6 form of downstream water contamination, that 7 could lead to health complications, or in the 8 specific issue that this addresses, whether the 9 use of those chemicals will cause breast cancer 10 in women, that's a cost that they now bear. 11 It seems to me that what this 12 amendment does is it says that the current 13 system of liability that we have which is now a 14 part of food costs in this state, that is, that 15 a farmer, when he uses a pesticide, because 16 it's inherently dangerous, is liable if that 17 pesticide is linked to adverse health 18 consequences to an innocent third party, that 19 cost is already built into the cost of food in 20 this state. It's already there. 21 When we buy our ear of corn for a 22 dime, an ear for 12 cents an ear or for 20 cents 23 an ear, we're already paying the farmer for 6334 1 that risk. 2 What the amendment would do is, the 3 amendment would say we're going to keep that 4 risk, we're going to continue to require the 5 farmer to include that cost, that risk, in the 6 price of his food. 7 What the bill does that this seeks 8 to amend is this seeks to say to the farmer, 9 "No, as long as you use the pesticide, you 10 don't have to worry about that cost because 11 we're going to absolve you from liability, even 12 if it's inherently dangerous." But, more 13 importantly, what this bill does is this bill, 14 this amendment says, "We're going to now 15 require you to carry out reporting requirements 16 that are more expensive than what you do 17 currently, if the Bruno bill passes." 18 The Tully bill, the Oppenheimer bill 19 says, "We're going to require you to engage in 20 even greater reporting and recordkeeping which 21 will add to your costs." 22 I don't make any doubt or bones 23 about it, Senator Marcellino, Senator Bruno. 6335 1 There's no question that this bill would cost 2 farmers more money to keep track of their 3 pesticides. How much more? I don't know, I 4 haven't heard that, but it will cost them more 5 money. It will cost -- the price of an ear of 6 corn may go from 12 cents an ear to 15 cents an 7 ear or from 12 cents an ear to twelve and a half 8 cents an ear. It would clearly put a cost to 9 the farmers. 10 I understand why farmers are 11 against it, but that cost will be minuscule, 12 minuscule, when compared to the cost that 13 breast cancer extracts from the women of this 14 state and their families. It will be a tiny 15 cost. 16 If we can somehow -- and you said it 17 correctly, Senator Marcellino, you put it 18 absolutely correctly. You said that this 19 pesticide registry might, and you emphasized 20 "might" because you're right, it only might 21 lead to connections to cancer and the use of 22 these kinds of general use pesticides. It's 23 only a "might"; it's only a gamble, Senator, but 6336 1 it's the best science that we have available 2 today that shows that there's a linkage between 3 Dursban and 24-D and Sevin and Atrazine, but 4 there is a linkage between the use of those 5 chemicals and the appearance of cancers in rats 6 and the appearance of cancers in other animals, 7 just like in the 1960s and 1950s there were 8 appearances of smoke in rats or animals that 9 led us to the general conclusion that smoking 10 was dangerous to your health. 11 It's a gamble, Senator Marcellino. I 12 know it's a gamble, but whenever I take a 13 gamble, I look at the cost of what we're going 14 to require and the potential benefit. What 15 this amendment says is that the additional cost 16 of requiring general use pesticides to be 17 registered, to be sent to the government so 18 that we can do the long-term studies about the 19 impact of these chemicals on women and their 20 families, but the cost of that -- and there is 21 a real cost, it will be more cost to the 22 farmers, I admit it, but what's the possible 23 benefit that we'll get and it's only a possible 6337 1 benefit. The possible benefit is we will link 2 the use of these chemicals and the dosages of 3 these chemicals that contaminate our water 4 systems that end up in your foods and will link 5 them to the possible breast cancers that are 6 killing women in this state. 7 It's a big gamble, but from my point 8 of view, it's a gamble well worth taking 9 because that extra half a penny on an ear of 10 corn, that extra quarter of a cent on an ear of 11 corn, when compared to the personal cost to 12 women who endure this tragedy, to the rest of 13 the families that endure these tragedies, and to 14 the medical costs of this state, the enormous 15 medical costs of trying to treat and deal with 16 this terrible, terrible disease, when I put 17 them on the scales, I'm willing to put a little 18 more onerous restriction on the farmers of this 19 state, as this amendment does, and I don't make 20 any bones about it. It does that, you're 21 right, it does, but I'm willing to put that as a 22 little bit of extra detriment on the farmers of 23 this state for the chance that the benefit that 6338 1 we'll get is we'll determine that certain 2 general use pesticides used by farmers in this 3 state have caused breast cancer, and when it 4 happens, I hope then we as a society will come 5 to the conclusion that we have to discontinue 6 the use of these pesticides, that we will find 7 a way to grow the food that we need without 8 causing the terrible devastation that it may 9 have caused. And if we're wrong, Senator 10 Marcellino, if it turns out we're wrong, that 11 we haven't properly done it, if we haven't 12 properly balanced the detriment to farmers with 13 the possible dangers of these chemicals, then 14 you're going to be correct, it won't have been 15 worth the price. But, based on the science as 16 I see it, based on the potential benefit that 17 this amendment could give to the women of this 18 state, it seems to me that that price, that 19 additional cost for our food is well worth the 20 benefit of possibly holding out the hope that 21 we would end the pollution of our groundwaters, 22 the concentration of these pesticides in our 23 food that may be causing excessive rates of 6339 1 breast cancer in the women of this state. 2 I'm willing to take the gamble that 3 the Oppenheimer amendment poses for this Senate 4 and for this Legislature and for this state. 5 I know that nine other members of the state 6 Senate on that side of the aisle were willing 7 to take the same risk. It seems to me that's 8 the right thing to do. 9 I'll close with only one other 10 comment. I'm a little disappointed with 11 Senator Bruno's comment about he knows that 12 Governor Pataki won't sign this bill. Well, I 13 guess that that means that Governor Pataki, who 14 did have a seat in the Senate as recently as 15 two years ago, ought to come back because he's 16 obviously telling the Senate what to do and the 17 Senate is not exercising its own independent 18 judgment as the 61 of us were elected to do. 19 I personally refuse to let anyone on 20 the second floor tell this body what is in the 21 best interests of the people of this state. 22 That's our job, that's the job we're elected to 23 do, not to give that power over to anyone who 6340 1 happens to sit on the second floor. I'll be 2 voting in favor of this amendment. The cost 3 is worth the risk. 4 ACTING PRESIDENT KUHL: Any other 5 Senator wishing to speak on the amendment? 6 (There was no response.) 7 Hearing none, the question is on the 8 amendment. Senator DeFrancisco, why do you 9 rise? 10 SENATOR DeFRANCISCO: I was just 11 going to suggest that if Senator Dollinger's 12 somewhat brief statement is over, that you 13 could read the last section. 14 ACTING PRESIDENT KUHL: We'll take 15 the amendment first, Senator DeFrancisco, thank 16 you. 17 The question is on the amendment. 18 All those in favor of the amendment, signify by 19 saying aye. 20 Secretary will call the roll. 21 SENATOR DeFRANCISCO: Party vote in 22 the negative. 23 SENATOR PATERSON: Party vote in 6341 1 the affirmative. 2 ACTING PRESIDENT KUHL: Record the 3 party line votes. Announce the results. 4 THE SECRETARY: Ayes 17, nays 37. 5 ACTING PRESIDENT KUHL: The amend 6 ment is lost. 7 Now, debate on the bill. 8 Secretary will read the last 9 section. 10 THE SECRETARY: Section 14. This 11 act shall take effect in 90 days. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 SENATOR PATERSON: Slow roll call. 16 ACTING PRESIDENT KUHL: Are there 17 five members? There are five members. 18 The Secretary will read the roll 19 slowly -- Senator Marcellino, do you have a 20 question? 21 SENATOR MARCELLINO: Yes, I have a 22 question on how the vote was read on the 23 amendment. 6342 1 ACTING PRESIDENT KUHL: The 2 amendment was lost. There were 17 members of 3 the Minority who voted in favor of the 4 amendment; there were 37 members of the 5 Majority who voted against the amendment. 6 Secretary will read the roll 7 slowly. 8 THE SECRETARY: Senator Abate. 9 SENATOR ABATE: To explain my vote. 10 ACTING PRESIDENT KUHL: Senator 11 Abate, to explain her vote. 12 SENATOR ABATE: I think we have 13 heard some very articulate arguments today why 14 we should be looking at the Oppenheimer 15 amendment and the Tully bill. The only thing I 16 would like to leave with this chamber, if we 17 had done the same thing and these smoking 18 companies are being criticized today because 19 they had information a long time ago to improve 20 the cigarettes and let that information be 21 known to the public, we are criticizing them, 22 we are in the same position today. If we 23 could have that information at hand, we could 6343 1 perhaps find a cure, understand the causes of 2 breast cancer if we had information. We as a 3 body should not cut off that information. We 4 need the most comprehensive reporting system 5 possible so we can make the proper decision to 6 protect the people of this state. 7 This is not a time of compromises. 8 Yes, many of the bills that are before us, we 9 need to balance, but at stake is the life and 10 death of people throughout the state. We 11 always should err in their favor and we should 12 not have this bill. We should look at a 13 comprehensive remedy, a comprehensive reporting 14 system, and for these reasons, I cannot support 15 the bill. 16 ACTING PRESIDENT KUHL: Senator 17 Abate will be recorded in the negative. 18 Continue to call the roll. 19 THE SECRETARY: Senator Alesi. 20 SENATOR ALESI: Yes. 21 THE SECRETARY: Senator Babbush. 22 (There was no response) 23 Senator Bruno. 6344 1 (Affirmative indication) 2 THE SECRETARY: Senator Connor. 3 (Negative indication) 4 THE SECRETARY: Senator Cook. 5 SENATOR COOK: Aye. 6 THE SECRETARY: Senator 7 DeFrancisco. 8 SENATOR DeFRANCISCO: Aye. 9 THE SECRETARY: Senator DiCarlo. 10 SENATOR DiCARLO: Aye. 11 THE SECRETARY: Senator Dollinger. 12 ACTING PRESIDENT KUHL: Senator 13 Dollinger, to explain his vote. 14 SENATOR DOLLINGER: I argued on the 15 amendment why I thought the amendment was a 16 better idea. 17 I think the other thing that this 18 bill will do on the merits is it will 19 discourage farmers from using safe pesti 20 cides. What it will do, by removing them from 21 liability, by taking away their obligation to 22 stand up and say, "This was a dangerous 23 pesticide," what in essence it will do is it 6345 1 will encourage them to use other types of 2 pesticides, unknown pesticides, create a 3 possible complication for them to use them in 4 different concentrations and it seems to me we 5 get away from the whole idea of using safer 6 pesticides that we know do not cause the kinds 7 of devastation that the list that Senator 8 Leichter mentioned, Dursban, 24-D, Sevin, 9 Atrazine, they've already given evidence that 10 they cause carcinogens. 11 So, it seems to me that we're now 12 passing a bill that will give an incentive to 13 use more dangerous pesticides rather than to 14 use the safer ones. 15 For that reason, Mr. President, and 16 for the reasons I mentioned earlier, this is 17 the wrong bill to pass. The amendment is what 18 we should have done. I'll be voting in the 19 negative. 20 ACTING PRESIDENT KUHL: Senator 21 Dollinger will be recorded in the negative. 22 Continue to call the roll. 23 THE SECRETARY: Senator Espada 6346 1 excused. 2 Senator Farley. 3 SENATOR FARLEY: Aye. 4 THE SECRETARY: Senator Gold. 5 SENATOR GOLD: No. 6 THE SECRETARY: Senator Gonzalez. 7 (There was no response.) 8 Senator Goodman. 9 (There was no response.) 10 Senator Hannon. 11 SENATOR HANNON: Yes. 12 THE SECRETARY: Senator Hoblock. 13 SENATOR HOBLOCK: Yes. 14 THE SECRETARY: Senator Hoffmann 15 excused. 16 Senator Holland. 17 SENATOR HOLLAND: Aye. 18 THE SECRETARY: Senator Johnson. 19 SENATOR JOHNSON: Aye. 20 THE SECRETARY: Senator Kruger. 21 SENATOR KRUGER: No. 22 THE SECRETARY: Senator Kuhl. 23 ACTING PRESIDENT KUHL: Aye. 6347 1 THE SECRETARY: Senator Lachman. 2 SENATOR LACHMAN: No. 3 THE SECRETARY: Senator Lack. 4 (There was no response.) 5 Senator Larkin. 6 SENATOR LARKIN: Aye. 7 THE SECRETARY: Senator LaValle. 8 SENATOR LaVALLE: Aye. 9 THE SECRETARY: Senator Leibell. 10 ACTING PRESIDENT KUHL: Senator 11 Leibell, to explain his vote. 12 SENATOR LEIBELL: Mr. President, 13 this is a bill that has had a long history with 14 its predecessor, and I compliment Senator Tully 15 for the work he has done in this area. 16 I've listened to a great deal of 17 discussion prior to this bill coming to the 18 floor today and have quite honestly been 19 greatly concerned. My greatest concern is that 20 by not taking some form of action today, we 21 would lose the opportunity to do something in 22 the area of pesticides. 23 In my mind, and I think, too, for 6348 1 many of my colleagues, there's no question that 2 this pesticide represents in many cases a great 3 danger to our population, certainly for so many 4 women who thought of breast cancer as a 5 terrifying reality. I'm hopeful that today 6 this legislation will begin a process that 7 recognizes the importance of controlling 8 pesticides in this state. I'm willing to be 9 optimistic that with the Majority Leader's 10 indication that this will now go to a 11 conference committee, we will have the 12 opportunity to come out with a bill that will 13 be even better, be stronger, be improved and 14 one that will be acceptable to the Assembly, as 15 well as to the Governor's office. 16 With that in mind, I'll cast my vote 17 in the affirmative, Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Leibell will be recorded in the affirmative. 20 Continue to call the roll. 21 THE SECRETARY: Senator Leichter. 22 ACTING PRESIDENT KUHL: Senator 23 Leichter, to explain his vote. 6349 1 SENATOR LEICHTER: This is a flawed 2 bill because you're trying to carry water on 3 two shoulders. On the one hand, you want to 4 show the women, the people of the state of New 5 York, you're concerned about pesticide use; on 6 the other hand, you don't want to get the 7 farmer bothered, so you come out with a bill 8 that carves out 75 percent of all the general 9 use pesticides. 10 If we knew which pesticides were 11 related to cancers, we wouldn't need the data 12 base. But, if you're going to have a data 13 base, then you've got to put all the meaningful 14 data into it to give you the information that 15 you're going to extrapolate from it to be able 16 to say, "Don't use these pesticides." 17 And to say that, "Well, we'll wait 18 for a conference committee, and so on," we've 19 got a good bill, it's the Tully bill. It was 20 put together by concerned people who know what 21 needs to be done, and you can't square the 22 circle. 23 You're dealing with the health of 6350 1 New Yorkers. It requires more than a first 2 step. It requires more than, "Well, we got to 3 do something, at least we're getting the 4 process going." It requires an answer and the 5 answer is to have a complete data base that all 6 general use and all restricted pesticides that 7 are used, whether they're used by farmers or 8 whether they're used by commercial applicators, 9 will be registered. 10 Mr. President, this is a bad bill 11 because it doesn't do what it's supposed to do. 12 It's a fig leaf, as I said, and I vote in the 13 negative. 14 ACTING PRESIDENT KUHL: Senator 15 Leichter will be recorded in the negative. 16 Continue to call the roll. 17 THE SECRETARY: Senator Levy 18 recorded in the affirmative earlier today. 19 Senator Libous. 20 SENATOR LIBOUS: Aye. 21 THE SECRETARY: Senator Maltese. 22 SENATOR MALTESE: Aye. 23 THE SECRETARY: Senator 6351 1 Marcellino. 2 ACTING PRESIDENT KUHL: Senator 3 Marcellino, to explain his vote. 4 SENATOR MARCELLINO: Mr. President, 5 someone said, I believe it was Confucius, that 6 a journey of 1,000 miles begins with a single 7 step. So, that first step has to be taken no 8 matter where we go. 9 I've heard the term "compromise" used 10 as if it was a dirty word here. Declaration of 11 Independence, compromise; United States 12 Constitution, compromise; declaration of war, 13 in the second World War, compromise. If we 14 don't compromise, we don't accomplish anything 15 in this chamber. 16 Every law, every bill signed into 17 law, is the result of an agreement between the 18 two houses and the Executive Branch. I mean, I 19 may be crazy, but to me that's compromise. I 20 daresay I don't remember a single bill that 21 ever came through in its original form and just 22 swept through everything. You have strong 23 feelings on both sides of this issue. You have 6352 1 real issues on both sides of this issue and 2 they should be addressed. 3 There are people who have said that 4 this was posturing on the part of the 5 Republicans in the Senate, that this was posing 6 and we don't really want a bill, this is just a 7 fig leaf, this is just cover. But you have a 8 conference committee established. If it's a 9 figment, if it's cover, there would have been 10 no conference committee. The conference 11 committee belies all that. 12 We have the ability here to make 13 working, real legislation, meaningful 14 legislation that will accomplish a registry - 15 in fact, a registry of restricted and 16 nonrestricted use pesticides that can be 17 implemented and that can be used in a real way, 18 not just some general listing of 10,000 known 19 insecticides and pesticides that no one will 20 ever use. That was the California experience. 21 It cost them a fortune to finally get to a 22 phase-in situation. 23 This legislation is meaningful, it's 6353 1 important, it's good, it's responsible, it will 2 do a job that the other bill would not do. 3 This bill will accomplish a meaningful registry 4 which will be used in real research by true 5 scientists who are looking for a cure, not 6 just to pose and posture, but to look for a 7 real cure. 8 This bill is deserving of passage. 9 I vote aye. 10 ACTING PRESIDENT KUHL: Senator 11 Marcellino will be recorded in the 12 affirmative. 13 Continue to call the roll. 14 THE SECRETARY: Senator Marchi. 15 SENATOR MARCHI: Aye. 16 THE SECRETARY: Senator Markowitz. 17 SENATOR MARKOWITZ: No. 18 THE SECRETARY: Senator Maziarz. 19 SENATOR MAZIARZ: Aye. 20 THE SECRETARY: Senator Mendez. 21 SENATOR MENDEZ: No. 22 THE SECRETARY: Senator Montgomery. 23 ACTING PRESIDENT KUHL: Senator 6354 1 Montgomery, to explain her vote. 2 SENATOR MONTGOMERY: Mr. President, 3 to explain my vote. This insecticide bill 4 obviously does not do what is needed, it does 5 not go far enough to protect the interests of 6 women as it relates to breast cancer, and I 7 notice that one of the highest rates of -- some 8 of the highest rates of breast cancer occur in 9 some of the areas, the rural areas of the 10 state, i.e., Chenango, Ontario, Seneca, 11 Livingston, Monroe and even Richmond County, or 12 Staten Island. 13 So, I know that the sisters who 14 reside in those counties who are suffering from 15 various aspects of this disease, some of them 16 have lost both of theirs breasts, some of them 17 probably have maybe lost one, live in fear, 18 don't know what to make of the fact that they 19 have such a tremendously high rate among them 20 suffering from this. They are not necessarily 21 so organized that they can get to us quickly 22 and easily. They live in isolation and live in 23 fear, and I vote for them, as well as women in 6355 1 other parts of the state who are also living in 2 fear of this same disease. 3 We have excluded 75 percent of the 4 use of pesticides. We need to be studying 5 every single possibility that could be linked 6 to this terrible disease. So, I vote no, Mr. 7 President. 8 ACTING PRESIDENT KUHL: Senator 9 Montgomery will be recorded in the negative. 10 Continue to call the roll. 11 THE SECRETARY: Senator Nanula. 12 SENATOR NANULA: No. 13 THE SECRETARY: Senator Nozzolio. 14 SENATOR NOZZOLIO: Aye. 15 THE SECRETARY: Senator Onorato. 16 ACTING PRESIDENT KUHL: Senator 17 Onorato, to explain his vote. 18 SENATOR ONORATO: Mr. President, to 19 explain my vote. 20 Mr. President, I rise in opposition 21 to this bill, not the concept of it, but to 22 object to the glaring flaws that are in the 23 existing bill. If we pass this bill in both 6356 1 houses, it would really create a false sense of 2 security for the people of this state to have 3 to be required by a commercial user and then in 4 the same breath tell that commercial user 5 because if he uses it, it's very, very 6 dangerous, but if a farmer uses the same 7 product, it doesn't mean anything, you don't 8 have to report it. It doesn't mean that the 9 same two products can kill you, but only report 10 it if the commercial guy uses it, not the 11 farmer. It does not make common sense to me in 12 one way or another. 13 For these glaring omissions, plus 14 they only refer to breast cancer as the sole 15 beneficiary of this, but many, many pesticides 16 have already been attributed to many other 17 types of cancer, especially prostate cancer for 18 the men. 19 So, this is a bipartisan and a 20 bisexual type of bill, but I want equal 21 protection for the men, as well as for the 22 women, and for that reason, I am voting no 23 against this bill. 6357 1 ACTING PRESIDENT KUHL: Senator 2 Onorato will be recorded in the negative. 3 Continue to call the roll. 4 THE SECRETARY: Senator 5 Oppenheimer. 6 ACTING PRESIDENT KUHL: Senator 7 Oppenheimer, to explain her vote. 8 SENATOR OPPENHEIMER: Yes, I was 9 going to bring that up, also. 10 If I may explain my vote. There is 11 a connection, I believe there is a connection 12 between various male cancers, as well as 13 infertility, sterility in men and women so it 14 does pose serious problem, health problems to 15 both sexes, and I also have been approached by 16 the commercial applicators and said, "Why is it 17 good for us? Why do we have to report, but 18 it's not good for the farmer to do the same 19 kind of reporting?" 20 Let me say that in the past the 21 Environmental Protection Agency in Washington 22 has simply been registering pesticides and, of 23 course, they have come to the realization this 6358 1 is certainly not beneficial, that many 2 potentially tragic chemicals have been 3 pesticides -- have been used and now they are 4 reviewing, they are going through, reviewing 5 pesticides that are used, the general use 6 pesticides and they are starting the process of 7 restricting many of these, they are moving them 8 from one list, general list, into the restricted 9 use list. Indeed, they are banning them 10 outright as we have seen with DDT. That was 11 really irresponsible for this Legislature to 12 exempt this wide array of general use 13 pesticides from reporting requirements because 14 it is that reporting that is now helping EPA 15 and helping us to see what must be restricted. 16 This provides such a vastly 17 incomplete data base that the research cannot 18 be solid research, and without solid research, 19 women cannot feel protected, and I feel that 20 women deserve a great deal more than this bill 21 provides them. 22 As far as statistics, in the past 30 23 years, we have gone from one in 20 incidents of 6359 1 breast cancer that was in 1960, to now one in 2 eight women will have breast cancer, and of 3 that, about one-third of those women will die. 4 The ages of women also has 5 demonstrated some very dramatic changes. For 6 example, women in the low 30's, their rate of 7 cancer has tripled in the last 30 years and for 8 women ages 35 to 39, their rate of cancer has 9 quadrupled in the last 30 years. So, we are 10 talking about an incidence that seems to be 11 attacking our younger women at a much higher 12 rate than had ever been previous. 13 I think that the sponsors of the 14 legislation before us may be saying that it's 15 okay to allow women to die upstate and 16 downstate if it means less paperwork for 17 farmers, and maybe that's a radical statement, 18 but it seems to me to not take into 19 consideration the enormous toll that this is 20 taking on women and all women's lives. 21 And the other side of this seems to 22 be yes, a large amount of paperwork and extra 23 cost, but I think it has to be -- the scales 6360 1 have to weigh in on the side of health. And we 2 are responsible in this body for the health of 3 this state and I think we have to look beyond 4 the political pressures that are placed on us 5 and concern ourselves at this juncture with the 6 health of our citizens. 7 ACTING PRESIDENT KUHL: Senator 8 Oppenheimer will be recorded in the negative. 9 Continue to call the roll. 10 THE SECRETARY: Senator Padavan. 11 SENATOR PADAVAN: Aye. 12 THE SECRETARY: Senator Paterson. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson, to explain his vote. 15 SENATOR PATERSON: No, I was 16 actually going to tell you something else, Mr. 17 President. 18 I vote no. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson will be recorded in the negative. 21 Continue to call the roll. 22 THE SECRETARY: Senator Present. 23 SENATOR PRESENT: Aye. 6361 1 THE SECRETARY: Senator Rath. 2 SENATOR RATH: Aye. 3 THE SECRETARY: Senator Saland. 4 SENATOR SALAND: Aye. 5 THE SECRETARY: Senator Santiago. 6 SENATOR SANTIAGO: No. 7 THE SECRETARY: Senator Seabrook. 8 (There was no response.) 9 THE SECRETARY: Senator Sears. 10 SENATOR SEARS: Aye. 11 THE SECRETARY: Senator Seward. 12 SENATOR SEWARD: Aye. 13 THE SECRETARY: Senator Skelos. 14 SENATOR SKELOS: Aye. 15 THE SECRETARY: Senator Smith 16 excused. 17 Senator Spano. 18 SENATOR SPANO: Aye. 19 THE SECRETARY: Senator Stachowski. 20 SENATOR STACHOWSKI: No. 21 THE SECRETARY: Senator Stafford. 22 SENATOR STAFFORD: Aye. 23 THE SECRETARY: Senator Stavisky 6362 1 excused. 2 Senator Trunzo. 3 SENATOR TRUNZO: Yes. 4 THE SECRETARY: Senator Tully. 5 SENATOR TULLY: Aye. 6 THE SECRETARY: Senator Velella. 7 (There was no response) 8 Senator Volker. 9 SENATOR VOLKER: Aye. 10 THE SECRETARY: Senator Waldon 11 excused. 12 THE SECRETARY: Senator Wright. 13 SENATOR WRIGHT: Aye. 14 ACTING PRESIDENT KUHL: Senator 15 Mendez, why do you rise? 16 SENATOR MENDEZ: Mr. President, I 17 would like to know, how was I recorded on the 18 bill? 19 ACTING PRESIDENT KUHL: The 20 Secretary has you recorded as voting in the 21 negative, Senator Mendez. 22 SENATOR MENDEZ: Oh, I want to 23 correct that misinformation. I am a co-sponsor 6363 1 of the bill. I realize the bill's 2 shortcomings. We really must have a broader 3 data base, the data base to investigate the 4 origins of breast cancer. However, I think 5 that one way of dealing with that, and I hope 6 that it is dealt with in conference, could be 7 to start including a timetable in a timetable 8 sort of way, start including different kinds of 9 the general pesticides that are being left out 10 of this bill, and in that fashion, the data 11 base will increase. 12 There is nothing today, there is 13 nothing going for a woman who suffers breast 14 cancer, nothing going in terms of policy of New 15 York State, and although this bill has those 16 shortcomings, at the moment in which I could 17 sponsor it, I saw that -- I saw it as a saving 18 grace in an area that I know very well through 19 my own personal experience because I am a 20 breast cancer survivor. 21 So, I am very hopeful, I am 22 supporting this bill and I am very hopeful that 23 when it goes to conference, it, in fact, will 6364 1 allow incremental growth in terms of the 2 general -- the broader data base that we need 3 to fight this horrible disease. I vote in the 4 affirmative. 5 ACTING PRESIDENT KUHL: Senator 6 Mendez, the record will reflect and the vote 7 will be changed right now so that you're voting 8 in the affirmative. 9 Secretary will call the absentees. 10 THE SECRETARY: Senator Babbush. 11 (There was no response.) 12 Senator Gonzalez. 13 SENATOR GONZALEZ: No. 14 THE SECRETARY: Senator Goodman. 15 SENATOR GOODMAN: Aye. 16 THE SECRETARY: Senator Lack. 17 SENATOR LACK: Aye. 18 THE SECRETARY: Senator Seabrook. 19 (There was no response.) 20 Senator Velella. 21 SENATOR VELELLA: Aye. 22 ACTING PRESIDENT KUHL: Announce 23 the results. 6365 1 THE SECRETARY: Ayes 38, nays 16. 2 ACTING PRESIDENT KUHL: The bill is 3 passed. 4 SENATOR MAZIARZ: Mr. President, 5 at this time could we please take up Calendar 6 Number 210, by Senator Volker. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the title to Calendar Number 9 210. 10 THE SECRETARY: Calendar Number 11 210, Senator Volker moves to discharge from the 12 Committee on Rules, Assembly Bill Number 948-B 13 and substitute it for the identical Senate Bill 14 5492-A. 15 ACTING PRESIDENT KUHL: The 16 substitution is ordered. The Secretary will 17 read the title. 18 THE SECRETARY: Calendar Number 19 210, by Member of the Assembly Katz, Assembly 20 Print 948-B, an act to amend the Criminal 21 Procedure Law and the Penal Law, in relation to 22 assault against a child in the course of sexual 23 conduct against a child. 6366 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 7. This 4 act shall take effect on the first day of 5 August. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 55. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Maziarz. 13 SENATOR MAZIARZ: Mr. President, 14 is there any housekeeping at the desk? 15 ACTING PRESIDENT KUHL: There is, 16 several items. We have some substitutions. 17 Take those first, Senator Maziarz? 18 SENATOR MAZIARZ: Yes, Mr. 19 President. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the substitutions. 22 THE SECRETARY: On page 10, 23 Senator Wright moves to discharge from the 6367 1 Committee on Rules, Assembly Bill Number 9124-A 2 and substitute it for the identical Senate Bill 3 Number 6300-A. 4 On page 15, Senator Marcellino 5 moves to discharge from the Committee on Rules, 6 Assembly Bill Number 9075 and substitute it for 7 the identical Senate Bill 6097. 8 ACTING PRESIDENT KUHL: The 9 substitutions are ordered. 10 Senator Maziarz, continue the 11 housekeeping? 12 (Senator Maziarz nods head.) 13 Return to motions and 14 resolutions. 15 The Chair recognizes Senator 16 Farley. 17 SENATOR FARLEY: Mr. President, I 18 wish to call up, on behalf of Senator Volker, 19 his bill, Print Number 4633-A, which was 20 recalled from the Assembly which is now at the 21 desk. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read. 6368 1 THE SECRETARY: By Senator 2 Volker, Senate Print 4633-A, an act to amend the 3 Civil Practice Law and Rules, in relation to 4 personal service by mail. 5 SENATOR FARLEY: I now move to 6 reconsider the vote by which this bill was 7 passed. 8 ACTING PRESIDENT KUHL: The 9 motion is to reconsider the vote by which the 10 bill passed the house. 11 The Secretary will call the roll 12 on reconsideration. 13 (The Secretary called the roll on 14 reconsideration.) 15 THE SECRETARY: Ayes 55. 16 ACTING PRESIDENT KUHL: Senator 17 Farley. 18 SENATOR FARLEY: I offer the 19 following amendments. 20 ACTING PRESIDENT KUHL: The 21 amendments are received and adopted. 22 Senator Farley. 23 SENATOR FARLEY: On behalf of 6369 1 Senator Wright, on page 36, I offer the 2 following amendments to Calendar 1039, Senate 3 Print 6870, and I ask that that bill retain its 4 place. 5 ACTING PRESIDENT KUHL: The 6 amendments to Calendar Number 1068 are received 7 and adopted. The bill will retain its place on 8 the Third Reading Calendar. 9 SENATOR FARLEY: On behalf of 10 myself, on page 59, I offer the following 11 amendments to Calendar Number 991, Senate Print 12 7374, and I ask that that bill retain its place. 13 ACTING PRESIDENT KUHL: The 14 amendments to Calendar Number 991 are received 15 and adopted. The bill will retain its place on 16 the Third Reading Calendar. 17 Senator Farley. 18 SENATOR FARLEY: Also on my bill, 19 on page 12, I offer the following amendments to 20 Calendar 482, Senate Print 2083-A, and I ask 21 that that bill retain its place. 22 ACTING PRESIDENT KUHL: The 23 amendments to Calendar Number 482 are received 6370 1 and adopted. The bill will retain its place on 2 the Third Reading Calendar. 3 Senator Maziarz, that completes 4 the housekeeping that's at the desk. 5 SENATOR MAZIARZ: Thank you, Mr. 6 President. 7 ACTING PRESIDENT KUHL: Excuse 8 me, Senator Maziarz. 9 SENATOR MAZIARZ: I'm sorry. 10 ACTING PRESIDENT KUHL: Senator 11 Rath, why do you rise? 12 SENATOR RATH: Housekeeping, Mr. 13 President. 14 Had I been in the room on May 15 30th, I would have voted in the negative on 16 Senate Bill 1605, Calendar 1135. I request 17 approval. 18 ACTING PRESIDENT KUHL: The 19 record will reflect, Senator Rath, that had you 20 been in the chamber on May 30th when a roll call 21 was taken on Calendar Number 1135 that you would 22 have voted in the negative. 23 Senator Maziarz, I believe - 6371 1 SENATOR MAZIARZ: Any further 2 housekeeping? 3 Mr. President, for the 4 information of the members, the time for session 5 for Tuesday, Wednesday and Thursday have been 6 moved to 10:00 a.m. 7 There being no further business, 8 I move we adjourn until Tuesday, June 4, at 9 10:00 a.m. 10 ACTING PRESIDENT KUHL: Without 11 objection, the Senate stands adjourned until 12 tomorrow, June 4, at 10:00 a.m. Note the time 13 change, 10:00 a.m. tomorrow morning. 14 (Whereupon, at 5:27 p.m., the 15 Senate adjourned.) 16 17 18 19 20 21 22 23