Wednesday, June 5, 1996

6553 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 5, 1996 10 10:00 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 6554 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Ask the members to take 4 their places, staff to find their places. 5 I ask everybody in the chamber to 6 rise and join me in saying the Pledge of 7 Allegiance to the Flag, and remain standing for 8 the invocation. 9 (The assemblage repeated the 10 Pledge of Allegiance to the Flag.) 11 We're very pleased to be joined 12 by the Reverend Tony Cestone of Christ Alive 13 Ministries in Hartsdale, New York. 14 Reverend Cestone. 15 REVEREND TONY CESTONE: Good 16 morning. Let us pray. 17 O Heavenly Father, we thank You 18 for bringing us all here today, and we thank You 19 for giving us breath once again. We thank You 20 for living in the land of the living. 21 I ask You, Lord, this special day 22 to give these men and women knowledge, 23 understanding and wisdom to operate in Your 6555 1 perfect will and for them to have the true fear 2 of God so that, in turn, they can make the right 3 decisions, not according to head knowledge but 4 according to the heart that they will truly make 5 decisions today and to care for life that is so 6 precious to You, and that all the decisions that 7 they will make today will be according to Your 8 will and purpose so that we may live a peaceful 9 life in this state. Let them regard life as You 10 have ordained it. 11 We thank You, Lord, that You will 12 guide them and direct them, O God, and that they 13 can live at peace with one another. We thank 14 You, and we are ever so grateful to acknowledge 15 You as our Lord, as our Saviour, the Messiah 16 Israel, the Lord Jesus Christ. 17 Amen. 18 Thank you, Reverend Cestone. 19 Reading of the Journal. 20 THE SECRETARY: In Senate, 21 Tuesday, June 4th. The Senate met pursuant to 22 adjournment. The Journal of Monday, June 3rd, 23 was read and approved. On motion, Senate 6556 1 adjourned. 2 ACTING PRESIDENT KUHL: Hearing 3 no objection, the Journal stands approved as 4 read. 5 Presentation of petitions. 6 Messages from the Assembly. 7 Messages from the Governor. 8 Reports of standing committees. 9 Reports of select committees. 10 Communications and reports from 11 state officers. 12 Motions and resolutions. 13 Chair recognizes Senator 14 Marcellino. 15 SENATOR MARCELLINO: Mr. 16 President, on behalf of Senator Libous, on page 17 number 15, I offer the following amendments to 18 Calendar Number 581, Senate Print Number 6197, 19 and ask that the bill retain its place on the 20 Third Reading Calendar. 21 ACTING PRESIDENT KUHL: 22 Amendments to Calendar Number 581 are received 23 and adopted. The bill will retain its place on 6557 1 the Third Reading Calendar. 2 Senator Marcellino. 3 SENATOR MARCELLINO: Mr. 4 President, on behalf of Senator Libous, once 5 again, on page number 26, I offer the following 6 amendments to Calendar Number 917, Senate Print 7 Number 6285, and ask that the bill retain its 8 place on the Third Reading Calendar. 9 ACTING PRESIDENT KUHL: 10 Amendments to Calendar Number 917 are received 11 and adopted. The bill will retain its place on 12 the Third Reading Calendar. 13 Senator Marcellino. 14 SENATOR MARCELLINO: Mr. 15 President, on behalf of Senator Trunzo, on page 16 number 29, I offer the following amendments to 17 Calendar Number 969, Senate Print Number 5985A, 18 and ask that said bill retain its place on the 19 Third Reading Calendar. 20 ACTING PRESIDENT KUHL: 21 Amendments to Calendar Number 969 are received 22 and adopted. The bill will retain its place on 23 the Third Reading Calendar. 6558 1 Senator Marcellino. 2 SENATOR MARCELLINO: Mr. 3 President, on behalf of Senator Rath, on page 4 number 33, I offer the following amendments to 5 Calendar Number 1046, Senate Print Number 7370, 6 and ask that said bill retain its place on the 7 Third Reading Calendar. 8 ACTING PRESIDENT KUHL: 9 Amendments to Calendar Number 1046 are received 10 and adopted. The bill will retain its place on 11 the Third Reading Calendar. 12 Senator Marcellino. 13 SENATOR MARCELLINO: Mr. 14 President, on behalf of Senator Lack, on page 15 number 34, I offer the following amendments to 16 Calendar Number 1055, Senate Print Number 4606, 17 and ask that said bill retain its place on the 18 Third Reading Calendar. 19 ACTING PRESIDENT KUHL: 20 Amendments to Calendar Number 1055 are received 21 and adopted. The bill will retain its place on 22 the Third Reading Calendar. 23 SENATOR MARCELLINO: Thank you, 6559 1 Mr. President. 2 ACTING PRESIDENT KUHL: Senator 3 DiCarlo. 4 SENATOR DiCARLO: Mr. President, 5 on behalf of Senator Trunzo, please remove the 6 sponsor's star from Calendar Number 130. 7 ACTING PRESIDENT KUHL: At the 8 request of the sponsor, the star is removed from 9 Calendar Number 130. 10 Senator DiCarlo. 11 SENATOR DiCARLO: Mr. President, 12 on behalf of Senator Rath, I wish to call up her 13 bill, Print Number 7364, recalled from the 14 Assembly, which is now at the desk. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the title. 17 THE SECRETARY: By Senator Rath, 18 Senate Print 7364, an act to amend the Real 19 Property Tax Law. 20 ACTING PRESIDENT KUHL: Senator 21 DiCarlo. 22 SENATOR DiCARLO: Mr. President, 23 I now move to reconsider the vote by which the 6560 1 bill passed. 2 ACTING PRESIDENT KUHL: The 3 motion is to reconsider the vote by which the 4 bill passed the house. 5 The Secretary will call the roll 6 on reconsideration. 7 (The Secretary called the roll on 8 reconsideration.) 9 THE SECRETARY: Ayes 33. 10 ACTING PRESIDENT KUHL: The bill 11 is before the house. 12 Senator DiCarlo. 13 SENATOR DiCARLO: Mr. President, 14 I now offer the following amendments. 15 ACTING PRESIDENT KUHL: 16 Amendments are received and adopted. 17 Senator Skelos, we have some 18 substitutions at the desk. 19 SENATOR SKELOS: Please make the 20 substitutions, Mr. President. 21 ACTING PRESIDENT KUHL: Secretary 22 will read. 23 THE SECRETARY: On page 45, 6561 1 Senator Present moves to discharge from the 2 Committee on Rules Assembly Bill 7916A and 3 substitute it for the identical Senate Bill 4 993A. 5 On page 48, Senator Volker moves 6 to discharge from the Committee on Rules 7 Assembly Bill 10409 and substitute it for the 8 identical Senate Bill 6535. 9 On page 48, Senator Bruno moves 10 to discharge from the Committee on Rules 11 Assembly Print Bill 9085 and substitute it for 12 identical Senate Bill 7511. 13 ACTING PRESIDENT KUHL: 14 Substitutions are ordered. 15 Senator Skelos, that brings us to 16 the calendar. 17 SENATOR SKELOS: Mr. President, 18 please take up the noncontroversial calendar. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the noncontroversial 21 calendar. 22 THE SECRETARY: Calendar Number 23 191, by Member of the Assembly Bragman, Assembly 6562 1 Print 8454C. 2 SENATOR SKELOS: Lay it aside. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 270, by Senator Hoblock, Senate Print 4211, an 7 act to amend the Alcoholic Beverage Control Law, 8 in relation to compensatory service. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 8. This 12 act shall take effect the 1st day of January. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 33. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 336, by Senator Libous, Senate Print 4443A. 21 SENATOR SKELOS: Lay it aside 22 temporarily. 23 ACTING PRESIDENT KUHL: Lay the 6563 1 bill aside temporarily. 2 THE SECRETARY: Calendar Number 3 348, by Senator Libous. 4 SENATOR SKELOS: Lay it aside 5 temporarily. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 364, by Senator Libous, Senate Print Number 10 4440B. 11 SENATOR SKELOS: Lay it aside 12 temporarily. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 700, by Senator DiCarlo, Senate Print 1982, an 17 act to amend the Executive Law, in relation to 18 testing of certain applicants for employment. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 6564 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 33. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 714, by Member of the Assembly Towns. 8 SENATOR SKELOS: Lay it aside 9 temporarily. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 SENATOR SKELOS: Also lay aside 13 Calendar Number 757 temporarily. 14 ACTING PRESIDENT KUHL: 757 is 15 laid aside temporarily. 16 THE SECRETARY: Calendar Number 17 817, by Senator Levy, Senate Print 5792A, an act 18 to amend Chapter 312 of the Laws of 1994. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 6565 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 33. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 833, by Senator Maziarz. 8 SENATOR SKELOS: Lay it aside 9 temporarily. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 868, by Senator Saland, Senate Print 6813A, an 14 act to amend Family Protection and Domestic 15 Violence Intervention Act of 1994. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 33. 6566 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 905, by Senator Nozzolio, Senate Print 4473A, an 5 act to amend the Executive Law, in relation to 6 final revocation hearings. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 33. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 989, by Senator Spano, Senate Print 6209A, an 19 act to amend the State Finance Law, in relation 20 to payment of emergency financial aid. 21 SENATOR PATERSON: Lay it aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 6567 1 THE SECRETARY: Calendar Number 2 1052, by Senator Holland, Senate Print 1250A, an 3 act to amend General Obligations Law, in 4 relation to the liability of persons. 5 SENATOR PATERSON: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1124, by Senator Levy, Senate Print 325, an act 10 to amend the Vehicle and Traffic Law. 11 SENATOR SKELOS: Lay it aside 12 temporarily, and also Calendar 1141. 13 ACTING PRESIDENT KUHL: Calendar 14 Number 1124 will be laid aside. Also Calendar 15 Number 1141 will be laid aside. 16 THE SECRETARY: Calendar Number 17 1228, by Senator Stafford, Senate Print 612, an 18 act to amend the Environmental Conservation Law, 19 in relation to citing of industrial hazardous 20 waste facilities. 21 SENATOR PATERSON: Lay it aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 6568 1 THE SECRETARY: Calendar Number 2 1240, by Senator Present, Senate Print 766, an 3 act to amend the Tax Law, in relation to the 4 exemption from sales and use taxes. 5 ACTING PRESIDENT KUHL: There is 6 a local fiscal note at the desk. 7 The Secretary will read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 1st day of 11 December. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 36. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1241, by Senator Kuhl, Senate Print 906, an act 20 to amend the Tax Law, in relation to certain Tax 21 Department liens. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 6569 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 36. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1242, substituted earlier today, by the Assembly 11 Committee on Rules, Assembly Print 7916A, an act 12 to amend the Tax Law, in relation to penalties 13 and interest assessments. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first day of the 18 first quarter. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 40. 23 ACTING PRESIDENT KUHL: The bill 6570 1 is passed. 2 THE SECRETARY: Calendar Number 3 1244, by Senator Johnson, Senate Print 2402. 4 SENATOR SKELOS: Lay it aside 5 temporarily. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1245, by Senator Marchi, Senate Print 3125A, an 10 act to allow Michael Acito to receive credit in 11 the New York State and Local Employees' 12 Retirement System. 13 ACTING PRESIDENT KUHL: The 14 Secretary 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 40. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 6571 1 1246, by Senator Nozzolio, Senate Print 3203. 2 SENATOR PATERSON: Lay it aside. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 1247, by Senator Volker, Senate Print 3812, an 7 act to amend the Civil Practice Law and Rules, 8 in relation to the validity of the service of 9 process. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 1st day of January. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 41. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1248, by Senator Nozzolio, Senate Print 3948, an 22 act to amend the Criminal Procedure Law and the 23 Executive Law, in relation to providing to 6572 1 victims. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 41. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1249, by Senator Hoblock, Senate Print 4455, an 14 act to amend the Executive Law, in relation to 15 display of the prisoner of war and missing in 16 action flag. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 120th day. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 6573 1 THE SECRETARY: Ayes 43. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1250, by Senator Maziarz, Senate Print 5321A, an 6 act to amend the Criminal Procedure Law, in 7 relation to the period of limitation. 8 SENATOR PATERSON: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1251, by Senator Santiago, Senate Print 5493, an 13 act to amend the Banking Law, in relation to 14 authorizing the Superintendent in certain 15 circumstances. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 44. 6574 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1252, by Senator Volker. 5 SENATOR SKELOS: Lay it aside for 6 the day. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside for the day. 9 SENATOR SKELOS: Also Calendar 10 Number 1253. 11 ACTING PRESIDENT KUHL: Lay aside 12 Calendar Number 1253 aside for the day. 13 THE SECRETARY: Calendar Number 14 1254, by Senator Hoblock, Senate Print 5795, an 15 act to amend Chapter 553 of the Laws of 1994. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 45. 6575 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1255, by Senator Hoblock, Senate Print 5798A, an 5 act to amend the Education Law, in relation to 6 tuition awards for certain veterans. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 45. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1256, by Senator Holland, Senate Print 6157, an 19 act allowing the Village of Piermont, Rockland 20 County. 21 SENATOR PATERSON: Lay it aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 6576 1 THE SECRETARY: Calendar Number 2 1257, by Senator Nozzolio, Senate Print 6334, an 3 act to amend the Navigation Law, in relation to 4 the regulations of construction. 5 SENATOR PATERSON: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1258, substituted earlier today, by the Assembly 10 Committee on Rules, Assembly Print 10409, an act 11 to amend the Civil Practice Law and Rules. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 1st day of January. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 47. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1259, by Senator Stafford, Senate Print 6637, an 6577 1 act to continue the existence of Hamilton County 2 Industrial Development Agency. 3 ACTING PRESIDENT KUHL: There is 4 a home rule message at the desk. 5 The Secretary will read the last 6 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 47. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1260, by Senator Kuhl, Senate Print 7010, an act 17 to amend the General City Law, in relation to 18 excluding the City of Corning from the 19 provisions of Article 4. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 6578 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 47. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1261, by Senator Larkin, Senate Print 7090A, an 9 act to establish a Library District in the City 10 of Kingston. 11 SENATOR PATERSON: Lay it aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 1262, by Senator Cook, Senate Print 7206A, an 16 act to create the Wallkill Public Library 17 District. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 9. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 6579 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 47. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1263, by Senator Sears. 7 SENATOR SKELOS: Lay aside 8 Calendar Number 1263 and Calendar Number 1264 9 for the day. 10 ACTING PRESIDENT KUHL: Calendar 11 Number 1263 and Calendar Number 1264 are laid 12 aside for the day. 13 THE SECRETARY: Calendar Number 14 1265, substituted earlier today, by Member of 15 the Assembly Canestrari, Assembly Bill 9085, an 16 act to amend the Public Authorities Law, in 17 relation to the membership of the board of 18 directors of the Hudson-Mohawk Urban Cultural 19 Park Commission. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 6580 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 47. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1266, by Senator Larkin, Senate Print 7513. 9 SENATOR PATERSON: Lay it aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 Senator Skelos, that completes 13 the reading of the noncontroversial calendar. 14 SENATOR SKELOS: Mr. President, 15 if we could move to the controversial calendar 16 and start with Calendar Number 989. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the title of Calendar Number 989. 19 THE SECRETARY: On page 30, 20 Calendar Number 989, by Senator Spano, Senate 21 Print 6209A, an act to amend the State Finance 22 Law, in relation to payment of emergency 23 financial aid. 6581 1 SENATOR PATERSON: Explanation. 2 SENATOR SKELOS: Lay it aside 3 temporarily. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 SENATOR SKELOS: Lay aside 1052 7 temporarily. The next bill would be Calendar 8 Number 1228. 9 ACTING PRESIDENT KUHL: Secretary 10 will read Calendar Number 1228. 11 THE SECRETARY: Calendar Number 12 1228, by Senator Stafford, Senate Print 612, an 13 act to amend the Environmental Conservation Law, 14 in relation to the siting of industrial 15 hazardous waste facilities. 16 SENATOR PATERSON: Explanation. 17 SENATOR SKELOS: Lay it aside 18 temporarily. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 would you please take up Calendar Number 1246, 6582 1 by Senator Nozzolio. 2 And there will be an immediate 3 meeting of the Rules Committee in Room 332 of 4 the Capitol. 5 ACTING PRESIDENT KUHL: There 6 will be an immediate meeting of the Rules 7 Committee in the Majority Conference Room, Room 8 332. An immediate meeting of the Rules 9 Committee in the Majority Conference Room, Room 10 332. 11 Secretary will read the title to 12 Calendar Number 1246. 13 THE SECRETARY: Calendar Number 14 1246, by Senator Nozzolio, Senate Print 3203, an 15 act in relation to authorizing the town of East 16 Bloomfield, Ontario County, to grant a business 17 investment real property tax exemption. 18 SENATOR PATERSON: Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Nozzolio, an explanation of Calendar Number 1246 21 has been asked for by the Acting Minority 22 Leader, Senator Paterson. 23 SENATOR NOZZOLIO: Thank you, Mr. 6583 1 President. 2 Mr. President, my colleagues: 3 The measure before us allows a small town in 4 Ontario County, a county that Senator Kuhl and I 5 represent, to grant a business investment real 6 property tax exemption in order to create some 7 stimulus for economic development purposes. The 8 law already provides for a real property tax 9 exemption up to 50 percent on commercial and 10 industrial properties for new construction. 11 This measure extends that to grant the town 12 ability to do that for full real property tax 13 exemption. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 SENATOR DOLLINGER: Mr. 17 President. 18 ACTING PRESIDENT KUHL: Senator 19 Dollinger. 20 SENATOR DOLLINGER: May I ask one 21 question of the sponsor, please? 22 ACTING PRESIDENT KUHL: Senator 23 Nozzolio, do you yield to Senator Dollinger for 6584 1 one question? 2 SENATOR NOZZOLIO: Yes. 3 SENATOR DOLLINGER: Does this tax 4 abatement that would be authorized in the 5 bill -- is this greater than or less than or 6 equivalent to the current tax abatements that 7 are available to a comparable business in Monroe 8 County next door? 9 SENATOR NOZZOLIO: I'm not sure. 10 SENATOR DOLLINGER: On the bill, 11 Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Dollinger, on the bill. 14 SENATOR DOLLINGER: As a former 15 member of the Monroe County Legislature who was 16 engaged in a number of tax abatements and who 17 felt that the issue of competition between the 18 counties, although it may benefit one county 19 over another, was nonetheless inconsistent with 20 the idea of regional tax incentives and regional 21 planning for businesses throughout this region, 22 through the Finger Lakes region, I'm concerned, 23 because I don't want to give Ontario County an 6585 1 advantage in property tax exemptions over Monroe 2 County, and I'm concerned that if this bill 3 might do that it would disadvantage my county in 4 competing for those very same jobs and 5 opportunities; and so, under those circumstances 6 since I'm not sure what the impact will be, I 7 will be voting in the negative, Mr. President, 8 to protect Monroe County. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 Announce the results when 17 tabulated. 18 THE SECRETARY: Ayes 48, nays 1, 19 senator DiCarlo recorded in the negative. 20 Excuse me. Ayes 48, nays 1, Senator Dollinger 21 recorded in the negative. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 6586 1 Senator DiCarlo. 2 SENATOR DiCARLO: Mr. President, 3 can we now call up Calendar 1052, please. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the title to Calendar Number 1052. 6 THE SECRETARY: Calendar Number 7 1052, by Senator Holland, Senate Print 1250A, an 8 act to amend the General Obligations Law, in 9 relation to the liability of persons involved in 10 equine activities. 11 SENATOR PATERSON: Explanation. 12 ACTING PRESIDENT KUHL: Senator 13 Holland, an explanation of Calendar Number 1052 14 has been asked for by the Acting Minority 15 Leader, Senator Paterson. 16 SENATOR HOLLAND: Mr. President, 17 this provides an equine activity sponsor who is 18 an equine professional or any other person, 19 which shall include a corporation or 20 partnership, shall not be liable for an injury 21 to or the death of a participant resulting from 22 the inherent risk of equine activities except 23 under certain circumstances. 6587 1 What we're trying to do with the 2 bill is make the responsibility of the 3 individual just like it presently is under 4 skiing conditions in the State of New York 5 today. 6 ACTING PRESIDENT KUHL: Senator 7 Paterson. 8 SENATOR PATERSON: Mr. President, 9 if Senator Holland will yield? 10 ACTING PRESIDENT KUHL: Senator 11 Holland, do you yield? 12 SENATOR HOLLAND: Yes. 13 ACTING PRESIDENT KUHL: Senator 14 yields. 15 SENATOR PATERSON: Senator, this 16 is the same bill that we had last year? 17 SENATOR HOLLAND: Yes, sir. 18 SENATOR PATERSON: Okay. Very 19 good. I would just like the record to reflect 20 that Senators Abate and Dollinger voted against 21 it last year. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 6588 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 90th day. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 Announce the results when 7 tabulated. 8 THE SECRETARY: Ayes 48, nays 1, 9 Senator Dollinger recorded in the negative. 10 ACTING PRESIDENT KUHL: Bill is 11 passed. 12 Senator Lachman, why do you 13 rise? 14 SENATOR LACHMAN: Mr. President, 15 yesterday this chamber adopted 653A. My vote at 16 that time was partially predicated on two 17 memoranda in support of the legislation, one of 18 which was in contradiction to the other one. 19 Several hours later, Senator Skelos' office sent 20 me another memorandum which corrected the first 21 version, and now that the legislation has two 22 memoranda that are the same in support of the 23 legislation, if I had received this information 6589 1 yesterday, I would have voted in favor of 653A 2 rather than in opposition. 3 Thank you. 4 ACTING PRESIDENT KUHL: The 5 record will reflect, Senator Lachman, that had 6 you been aware of that information yesterday 7 when the roll call was taken on Senate Bill 653A 8 that you would have voted in the affirmative. 9 Senator DiCarlo. 10 SENATOR DiCARLO: Mr. President, 11 may we now take up Calendar 1250, please. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the title of Calendar Number 1250. 14 THE SECRETARY: Calendar Number 15 1250, by Senator Maziarz, Senate Print 5321A, an 16 act to amend the Criminal Procedure Law, in 17 relation to period of limitation. 18 ACTING PRESIDENT KUHL: Senator 19 Paterson. 20 SENATOR PATERSON: Mr. President, 21 on the bill. Last year, there were - 22 ACTING PRESIDENT KUHL: Senator 23 Paterson, on the bill. 6590 1 SENATOR PATERSON: -- there were 2 14 negatives to this bill, and Senator Maziarz 3 very graciously agreed to look at it pursuant to 4 some recommendations from Senator Abate and 5 others, and we have looked it over now, and we 6 think the bill is fine, and we thank Senator 7 Maziarz for his assistance. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 49. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Senator DiCarlo. 19 SENATOR DiCARLO: Mr. President, 20 can we please take up Calendar 1256. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the title of Calendar Number 23 1256. 6591 1 THE SECRETARY: Calendar Number 2 1256, by Senator Holland, Senate Print 6157, an 3 act allowing the village of Piermont, Rockland 4 County, to establish a homestead class. 5 SENATOR PATERSON: Explanation. 6 ACTING PRESIDENT KUHL: Senator 7 Holland, an explanation of Calendar Number 1256 8 has been requested by Senator Paterson. 9 SENATOR HOLLAND: Yes, Mr. 10 President. This bill will allow the Village of 11 Piermont in Rockland County, to establish a 12 homestead class without undertaking a 13 revaluation or update of property assessment 14 value since they just did it in 1992. 15 ACTING PRESIDENT KUHL: Senator 16 Paterson. 17 SENATOR PATERSON: Yes, Mr. 18 President. 19 ACTING PRESIDENT KUHL: Nice to 20 have you in the chamber, sir. Would you like me 21 to read the last section? 22 SENATOR PATERSON: Well, this is 23 such a good bill, I think we should read all the 6592 1 sections. But if it would expiate the process, 2 let's just read the last section. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 50. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Senator DiCarlo. 14 SENATOR DiCARLO: Mr. President, 15 can we now take up Calendar 989. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the title to Calendar Number 989. 18 THE SECRETARY: Calendar Number 19 989, by Senator Spano, Senate Print 6209A, an 20 act to amend the State Finance Law, in relation 21 to payment of emergency financial aid. 22 SENATOR PATERSON: Explanation. 23 ACTING PRESIDENT KUHL: Senator 6593 1 Spano, an explanation of Calendar Number 989 has 2 been asked for by Senator Paterson. 3 SENATOR SPANO: Thank you, Mr. 4 President. 5 This bill is one that we pass 6 every year for emergency financial aid to the 7 big five cities in New York State. The only 8 change this year from bills that we've passed 9 previously was that we amended this to change 10 the date of payment from June until March, and 11 this was requested by Division of Budget. The 12 purpose was so they would be able to get the 13 financial aid payments out to the cities 14 quicker. We have checked with the big five 15 cities who are affected by this, and each of 16 them are supportive of this amendment. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson. 19 SENATOR PATERSON: Sorry, Mr. 20 President. I don't mind being a puppet, but 21 they're letting the strings show. 22 This is obviously a good bill and 23 it's obvious that cities such as Albany and 6594 1 Buffalo and Rochester and Yonkers and other 2 cities need this kind of assistance, but there 3 are a number of other cities that have been 4 making a public record of the issues and the 5 economic plight that they are undergoing, cities 6 such as Troy which is right around here, and we 7 think if this extra aid is good for some cities 8 it's got to be good for all. But we're not 9 going to take it out on the hard work that 10 Senator Spano has engaged in on this 11 legislation. We just want to point out that 12 this is a state. There are a number of cities 13 in this state that need assistance, Troy among 14 them, and we hope that at a later time we will 15 address this issue. 16 ACTING PRESIDENT KUHL: Senator 17 Spano. 18 SENATOR SPANO: Mr. President, I 19 thank the Senator for raising that point. We 20 know this is not an end-all to the problems of 21 the cities of this state. But this is the 22 municipal aid program, emergency financial aid 23 to the big five that has been in existence back 6595 1 to 1975. We do like to point out to issues like 2 Distressed Cities Aid and issues that we're 3 working on right now to help the financially 4 troubled cities of this state, particularly the 5 city of Troy, and we thank you for making sure 6 that that issue maintains the front agenda. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 49, nays 1, 15 Senator Kuhl recorded in the negative. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Senator DiCarlo. 19 SENATOR DiCARLO: Mr. President, 20 can we now take up 1266. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the title to Calendar Number 1266. 23 THE SECRETARY: Calendar Number 6596 1 1266, by Senator Larkin, Senate Print 7513, an 2 act to amend the Town Law, in relation to 3 exemption for the Mechanicstown Fire District 4 from provisions relating to the percentage of 5 nonresident members. 6 SENATOR PATERSON: Explanation. 7 ACTING PRESIDENT KUHL: Senator 8 Larkin, an explanation of Calendar Number 1266 9 has been requested by Senator Paterson. 10 SENATOR LARKIN: Senator Paterson, 11 this is a special issue. The Mechanicstown Fire 12 District is mainly a commercial district, so 13 when you look at the Town Law which limits the 14 number of nonresidents to 45 percent, the fire 15 company can not attract the members because in 16 its entirety the population there is all 17 commercial establishments and very limited 18 number of private property, so, therefore, they 19 can't attract the number of fire personnel they 20 need in order to make it a viable fire district. 21 So what they are asking for is 22 that they be allowed the exemption from the 45 23 percent limit. Now, you have other fire 6597 1 districts that have been granted this. You have 2 Shelter Island Heights Fire District and Davis 3 Park Fire District. One of the problems here is 4 if they do exceed this there is a penalty, and 5 it would appear from talking to the fire 6 commissioner that if they do not receive the 7 blessing of the Legislature to do this, the next 8 course of action would be to disband it, and 9 then we're subjecting the commercial properties 10 in there to higher fire insurance rates because 11 of nonavailability of fire protection. 12 SENATOR PATERSON: Mr. President, 13 if Senator Larkin would yield for a question? 14 ACTING PRESIDENT WRIGHT: Senator 15 Larkin, will you continue to yield to Senator 16 Paterson? 17 SENATOR LARKIN: Yes, Mr. 18 President. 19 SENATOR PATERSON: Senator 20 Larkin, are you saying that this protection is 21 afforded to citizens that live on Shelter Island 22 or in the Davis Park Region and what you are 23 trying to do is extend it to - 6598 1 SENATOR LARKIN: Just this one 2 fire district. 3 SENATOR PATERSON: Just that one 4 district. 5 SENATOR LARKIN: That's it. 6 SENATOR PATERSON: Okay. That's 7 fine, Mr. President. 8 ACTING PRESIDENT WRIGHT: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WRIGHT: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 50. 16 ACTING PRESIDENT WRIGHT: The 17 bill is passed. 18 Senator DiCarlo. 19 SENATOR DiCARLO: Mr. President, 20 may we please return to reports of standing 21 committees. I believe there is a report of the 22 Rules Committee at the desk. 23 ACTING PRESIDENT WRIGHT: 6599 1 Secretary will read. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, offers up the 4 following bills directly for third reading: 5 Senate Print 7316A, by Senator 6 Libous, an act to amend the Mental Hygiene Law 7 and the Executive Law; 8 7609, by the Senate Committee on 9 Rules, an act to amend Chapter 170 of the Laws 10 of 1994; 11 Senate 12C, by Senator Wright and 12 others, an act to amend the State Administrative 13 Procedure Act; 14 Senate 186A, by Senator Tully, an 15 act to amend the General Business Law; 16 Senate 751, by Senator Holland, 17 an act to amend the Executive Law; 18 Senate Print 1384A, by Senator 19 Kuhl, an act to amend the Environmental 20 Conservation Law; 21 Senate Print 2305B, by Senator 22 Farley, an act to amend Tax Law, in relation to 23 the requirement to file a personal income tax 6600 1 return; 2 Senate Print 2505A, by Senator 3 Stafford, an act to amend the Labor Law, in 4 relation to the license to possess and use 5 explosives; 6 Senate Print 3210A, by Senator 7 Trunzo, an act to amend the Retirement and 8 Social Security Law; 9 3263A, by Senator Tully, an act 10 to amend the Alcoholic Beverage Control Law, in 11 relation to prohibiting the issuance of license 12 to sell liquor; 13 3312A, by Senator Stafford, an 14 act to amend the Tax Law; 15 3868A, by Senator Kuhl, an act to 16 require the New York State and Local Retirement 17 System to accept retirement applications; 18 4145C, by Senator Hoffmann, an 19 act authorizing the establishment of the Oneida 20 Public Library District; 21 All bills directly for third 22 reading. 23 ACTING PRESIDENT WRIGHT: Senator 6601 1 DiCarlo. 2 SENATOR DiCARLO: Mr. President, 3 I move to accept the report of the Rules 4 Committee. 5 ACTING PRESIDENT WRIGHT: All in 6 favor of accepting the report of the Rules 7 Committee, signify by saying aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The report is accepted. 12 Senator DiCarlo. 13 SENATOR DiCARLO: Mr. President, 14 can we now take up Calendar 1257, please. 15 ACTING PRESIDENT WRIGHT: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1257, by Senator Nozzolio, Senate Print 6334, an 19 act to amend the Navigation Law, in relation to 20 the regulation of construction and location of 21 boat houses, moorings and docks in the town of 22 Ledyard, County of Cayuga. 23 SENATOR PATERSON: Explanation. 6602 1 ACTING PRESIDENT WRIGHT: Senator 2 Nozzolio, an explanation has been requested by 3 Senator Paterson. 4 SENATOR NOZZOLIO: Thank you, Mr. 5 President. 6 Mr. President, this measure 7 amends the Navigation Law, allowing the town of 8 Ledyard in Cayuga County to regulate the manner 9 of construction and location of structures in 10 any of the waters within the boundary of the 11 town. This allows those towns -- this town, in 12 particular, the ability to oversee, through 13 zoning, buildings and structures that are placed 14 from the shoreline into Cayuga Lake. A similar 15 power is granted to the village that is totally 16 contained within this town as well as 17 accompanying or adjoining villages to the town. 18 Now the town wants to have the same status as 19 these villages. 20 SENATOR PATERSON: Last section. 21 ACTING PRESIDENT WRIGHT: There 22 is a home rule message at the desk. 23 The Secretary will read the last 6603 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT WRIGHT: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 50. 8 ACTING PRESIDENT WRIGHT: The 9 bill is passed. 10 Senator DiCarlo. 11 SENATOR DiCARLO: Mr. President, 12 is there any housekeeping at the desk? 13 ACTING PRESIDENT WRIGHT: I'm 14 sorry, Senator DiCarlo, there is no housekeeping 15 at the present time. 16 Senator DiCarlo. 17 SENATOR DiCARLO: Mr. President, 18 we will just stand at ease for a few minutes. 19 ACTING PRESIDENT WRIGHT: Thank 20 you, Senator. 21 Senator DiCarlo. 22 SENATOR DiCARLO: Mr. President, 23 there will be an immediate conference of the 6604 1 Majority in Room 332, and we'll stand at ease. 2 ACTING PRESIDENT WRIGHT: The 3 Senate will stand at ease, and there will be an 4 immediate meeting of the Senate Majority in Room 5 332. 6 (Whereupon, at 11:00 a.m., the 7 Senate stood at ease until 11:35 a.m.) 8 ACTING PRESIDENT WRIGHT: Senator 9 Skelos. 10 SENATOR SKELOS: If we can return 11 to reports of standing committees, I believe 12 there's a report of the Judiciary Committee at 13 the desk. I ask that it be read, and then you 14 recognize Senator Lack. 15 ACTING PRESIDENT WRIGHT: The 16 Secretary will read. 17 THE SECRETARY: Senator Lack, 18 from the Committee on Judiciary, hands up the 19 following nominations: 20 Erie County Family Court, Michael 21 Battle of Buffalo. 22 ACTING PRESIDENT WRIGHT: Senator 23 Lack. 6605 1 SENATOR LACK: Thank you, Mr. 2 President. 3 It's my pleasure to rise to move 4 the nomination of Michael Battle of Buffalo to 5 be a Judge of the Erie County Family Court. 6 Thank you, Senator Gold. 7 Senator Gold will be asking 8 questions about 1975 in Ithaca, as I remember. 9 Mr. Battle has been examined by 10 the staff of the Judiciary Committee, has been 11 found satisfactory in all regards. His name was 12 put forth to the whole committee today who 13 unanimously consented to move the nomination to 14 the floor. 15 And with that, I will yield for 16 seconding purposes to Senator Volker. 17 SENATOR VOLKER: Mr. President. 18 ACTING PRESIDENT WRIGHT: Senator 19 Volker. 20 SENATOR VOLKER: I'm proud to 21 second the nomination of Mike Battle, who is a 22 resident of the city of Buffalo, former 23 assistant -- well, right now is an Assistant 6606 1 Attorney General, in fact, in charge of the 2 office in Buffalo; former Assistant Public 3 Defender in Federal Court for the federal 4 office; former United States Attorney, Deputy 5 United States Attorney. A class guy who I 6 haven't any doubt will make an excellent Family 7 Court judge. 8 A graduate of Ithaca College and, 9 I guess, from what he told us, grew up in New 10 York City, who -- when I say he graduated from 11 Ithaca College, I just attended the commencement 12 there for my youngest son who also graduated 13 from Ithaca College -- and the University of 14 Buffalo Law School, where I graduated from some 15 years ago. 16 Mike is recognized in the Buffalo 17 community as one of the leading attorneys in the 18 Buffalo area, a fine gentlemen, family man. I 19 don't think there is any doubt that he will add 20 a great deal to the Family Court in Buffalo and 21 I wish him the very best. 22 ACTING PRESIDENT WRIGHT: Is 23 there any other member wishing to speak on the 6607 1 nomination? 2 SENATOR GOLD: Yes, Mr. 3 President. 4 ACTING PRESIDENT WRIGHT: Senator 5 Gold. 6 SENATOR GOLD: Mr. President, 7 just something that has been said in the 8 committee and I think it bears repeating on the 9 floor. 10 Many of us on this side have had 11 questions with gubernatorial nominations. Those 12 questions have not come into the Judiciary 13 Committee because the Governor's nominees for 14 the judiciary really have been outstanding, and 15 it would be almost irresponsible if we were even 16 to try to find some criticism. I think that Mr. 17 Battle is a perfect example of this, as are the 18 other nominees, and I'm not going to speak on 19 each one, so I will make the comments generally. 20 The judiciary today is a tough 21 place to be -- the press certainly sees to that 22 -- and, unfortunately, while they used to be 23 more friendly with one another, the district 6608 1 attorneys have not made it any easier on the 2 judges either today, and in this atmosphere, we 3 are very, very fortunate that people of quality 4 are willing to sit on the bench. 5 And it was very impressive, I 6 know, to many of us on the Democratic side that 7 the people who are being nominated and being 8 confirmed today are people who really want to do 9 this job. It is no secret that there have been 10 people going to the bench who look at it as 11 capping their career. It's a place to retire 12 to. That is exactly what we did not hear 13 today. 14 Starting with Mr. Battle and 15 working all the way through the nominees, we 16 heard from people who have dreamed of the 17 opportunity to be judges, and I think that that 18 is the kind of thing that we are responding to. 19 When people run for public office, one of the 20 things you look for is, "Can the candidate taste 21 it?" Do they really want it? That was 22 something that was very evident today from this 23 group of new judges. These are people who want 6609 1 to do the particular job they are being 2 appointed to, and I think that is the first real 3 step to a success on the bench. 4 So as someone who finds it very 5 easy to stand up and criticize the Governor, I 6 have to be as honest about it as I can be, and I 7 congratulate the Governor on the recommendation 8 of Mr. Battle and the other individuals who we 9 will be confirming today. 10 ACTING PRESIDENT WRIGHT: Thank 11 you, Senator Gold. 12 The question is on the 13 confirmation of Michael Battle as judge of the 14 Erie County Family Court. 15 All those in favor, signify by 16 saying aye. 17 (Response of "Aye.") 18 Opposed, nay. 19 (There was no response.) 20 Michael Battle is hereby 21 confirmed as judge of the Erie County Family 22 Court. 23 Judge Battle, if you will please 6610 1 rise. 2 (Applause.) 3 On behalf of Senator Bruno, the 4 Majority Leader of the Senate, and all of his 5 colleagues who serve in the Senate, we extend 6 our personal congratulations and best wishes to 7 you as you serve the people of New York State 8 and the people of Erie County. 9 We want to welcome you here 10 today, extend our congratulations on your 11 confirmation, extend our best wishes and 12 greetings to your family members and guests who 13 have also joined with you. 14 Thank you, Judge. 15 Secretary will read. 16 THE SECRETARY: Erie County 17 Family Court -- excuse me. Fulton County Court, 18 Richard C. Giardino, of Johnstown. 19 ACTING PRESIDENT WRIGHT: Senator 20 Lack. 21 SENATOR LACK: Thank you, Mr. 22 President. 23 It is my privilege, once again, 6611 1 to rise to move the nomination of Richard 2 Giardino of Johnstown as a judge of the Fulton 3 County Court. 4 As with all the nominees, he has 5 been examined by the staff of the Judiciary 6 Committee and was found eminently satisfactory 7 in all respects. 8 The committee met this morning 9 and unanimously has moved the nomination to the 10 floor, and it is my privilege at this time to 11 yield the floor to Senator Farley. 12 ACTING PRESIDENT WRIGHT: The 13 Chair recognizes Senator Farley. 14 SENATOR FARLEY: Thank you, Mr. 15 President. 16 It's with a great deal of 17 pleasure that I rise to move the nomination of 18 Richard Giardino, who I have known for many 19 years, and his family. Richard is a graduate of 20 Albany Law School and Siena College and has 21 served a distinguished career as District 22 Attorney for Fulton County. That's a very 23 difficult office from which to be popular, but 6612 1 the people of the county and the entire area 2 respect him as a person who not only is firm but 3 is fair. He has a judicial temperament which 4 will make an outstanding judge because, as I 5 said, he will be fair but more important, he 6 will be firm, and it is with a great deal of 7 pleasure that I put forth his name. 8 Richard is also accompanied in 9 the gallery by his mother and father, Mary Hope 10 Giardino, also Dr. Joseph Giardino, a respected 11 pediatrician and obstetrician renowned 12 throughout Fulton County. Also many of his 13 friends are up there with him. Richard will 14 make an outstanding County Judge. I realize he 15 has to run this fall. I don't even think he has 16 an opponent. 17 The point of it is I want to 18 congratulate the Governor for this outstanding 19 appointment. 20 I wish him well. I know he is 21 going to be a remarkable member of the bench as 22 he has throughout his career. As a young man 23 who went to law school with my daughter, he has 6613 1 had a remarkable, fantastic rise. He is not 2 only going to be a great judge, but he is a 3 great person. 4 Richard, we're very proud of you, 5 and I'm pleased to move his nomination. 6 ACTING PRESIDENT WRIGHT: Thank 7 you, Senator Farley. 8 Are there any other members who 9 wish to speak on the confirmation? 10 The question is on the 11 confirmation of Richard Giardino as judge of the 12 Fulton County Court. 13 All those in favor, signify by 14 saying aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (There was no response.) 18 Richard Giardino is hereby 19 confirmed as Judge of the Fulton County Court. 20 Judge Giardino, if you would 21 please rise. 22 (Applause.) 23 Joining the Judge this morning 6614 1 are his parents, Joseph and Mary Giardino, along 2 with a number of other guests and friends. 3 Judge, on behalf of Senate 4 Majority Leader Bruno and his colleagues in the 5 Senate, we extend our personal congratulations 6 and best wishes to you and your family and wish 7 you the very best of luck in serving the people 8 of New York State and Fulton County. Thank you 9 for joining us here today. 10 The Secretary will read. 11 THE SECRETARY: Nassau County 12 Family Court, John Pessala of Westbury. 13 ACTING PRESIDENT WRIGHT: Senator 14 Lack. 15 SENATOR LACK: Thank you, Mr. 16 President. 17 Once again, I rise to move the 18 nomination of Judge Pessala as a judge of the 19 Nassau County Family Court. 20 Again, the staff of the Judiciary 21 Committee has examined the nominee's background 22 and found him eminently qualified. 23 This morning, he appeared before 6615 1 the Judiciary Committee and was unanimously 2 endorsed to be moved to the floor, and I would 3 yield to Senator Hannon. 4 ACTING PRESIDENT WRIGHT: The 5 Chair recognizes Senator Hannon. 6 SENATOR HANNON: Thank you, Mr. 7 President. 8 It gives me a very distinct 9 pleasure to be able to move this nomination. 10 John Pessala is an individual I have known for 11 probably over two, three decades, not only as a 12 friend but professionally, as he has served the 13 legal community and the people of Nassau County 14 to an extraordinarily great extent -- in the 15 town of Hempstead, the office of town attorney; 16 the county attorney of the County of Nassau and 17 as advisor and counselor to the county executive 18 dealing with some of the thorniest problems that 19 existed in the municipal affairs of our 20 territory. Bringing that wisdom that he 21 demonstrated on a day-to-day basis and the 22 patience and the fortitude to the bench is 23 something that's going to benefit and continue 6616 1 to benefit all the people of the county. 2 I'm just delighted to be able to 3 speak in his behalf and to welcome him to the 4 chamber, along with his wife Beth and their 5 children Anne and Alexander. I can't think of a 6 finer individual to commend to the members of 7 this chamber than John Pessala. 8 ACTING PRESIDENT WRIGHT: The 9 Chair recognizes Senator Tully. 10 SENATOR TULLY: Thank you, Mr. 11 President. 12 I'm pleased to put forward the 13 name of John Pessala for the position of Family 14 Court Judge in the County of Nassau. I have 15 known him for many, many years, and during that 16 time I have come to know that he loves the law; 17 that he embodies, in my opinion, the judicial 18 temperament someone should have who serves on 19 the bench. He embodies that right now in his 20 position as a Judge of the District Court in 21 Nassau County, and he's someone who has the 22 ability to share things with people, as he did 23 today at the meeting of the Judiciary Committee 6617 1 when he revealed a personal background that I 2 was unaware of, and I indicated at that 3 particular meeting, I think in all the years 4 that I have known Judge Pessala, he spoke more 5 at that meeting than in the totality of all the 6 years I had communications with him. 7 He is a very reserved individual 8 but he listens, and listening is very 9 important. 10 I am certain, Mr. President, that 11 he will make all of us proud, and I'm pleased to 12 move his nomination. 13 ACTING PRESIDENT WRIGHT: The 14 Chair recognizes Senator Marcellino. 15 SENATOR MARCELLINO: Yes, Mr. 16 President. I rise with pride to follow my two 17 colleagues in recommending John Pessala -- Judge 18 Pessala to the Nassau County Family Court. 19 I have known John for many 20 years. We've worked together on many issues in 21 Nassau County. He has served the people of 22 Nassau County with great distinction. John is a 23 problem solver, and as Senator Tully just said, 6618 1 and correctly so, he listens. That is a key. 2 It's key to a judge and key to a person who 3 really wants to get something done and wants to 4 do it in the right way and take into 5 consideration all sides and all points of view. 6 John personally will vertically 7 raise the height of the Family Court to new 8 levels. I am proud to nominate him, and I 9 congratulate John, Beth, Anne, and Alexander, 10 who are in the chamber today, and John will 11 serve the people of Nassau County and serve the 12 people of the State of New York with 13 distinction. 14 ACTING PRESIDENT WRIGHT: Chair 15 recognizes Senator Levy. 16 SENATOR LEVY: Thank you very 17 much, Mr. President. I'm delighted to have the 18 opportunity to rise with my colleagues from 19 Nassau County to recommend to the members of 20 this body and endorse the qualifications of John 21 Pessala. 22 Like the other Nassau Senators, 23 he's been a long-time friend. I worked with him 6619 1 closely in his capacity as counsel to the county 2 executive, and I can attest to the fact that he 3 has extraordinary ability, great balance, a 4 perfect temperament on the bench, and the 5 hallmark and the tradition of John Pessala has 6 been bringing people together and bringing about 7 achievements and accomplishments. 8 John, when you were nominated and 9 elected to the District Court in Nassau County, 10 I remember telling you privately that that was 11 merely an interim stop in what will be a 12 brilliant judicial career, and this is just 13 another interim stop. We will be looking 14 forward to having you sit up there in the future 15 as you move forward and progress in the 16 judiciary, and as Senator Marcellino said, the 17 stature of John Pessala exceeds even his 18 height. 19 So I congratulate the Governor on 20 an excellent, extraordinary nomination, and it's 21 a privilege to join with the other Senators from 22 Nassau County in moving the confirmation of 23 Judge Pessala. 6620 1 ACTING PRESIDENT WRIGHT: The 2 Chair recognizes Senator Skelos. 3 SENATOR SKELOS: Mr. President, I 4 am delighted to join with my colleagues in 5 Nassau in seconding the nomination of John 6 Pessala. 7 I had the pleasure of working 8 under John when he was in the town attorney's 9 office in the town of Hempstead, and certainly 10 during that opportunity, I learned a lot from 11 him. I learned that he had a judicial 12 temperament at that time, but even more 13 important, he had the patience to deal with 14 people such as myself. 15 So, I think that's going to bode 16 well as he serves as a judge of the Family 17 Court. As we know, that's a very, very 18 sensitive court that needs people on the court 19 that listen and that have compassion, and 20 certainly John fits the bill and I know that he 21 is going to be an excellent, excellent judge of 22 the Family Court in Nassau County, and I salute 23 Governor Pataki on his nomination. 6621 1 ACTING PRESIDENT WRIGHT: Are 2 there any further members wishing to speak on 3 the confirmation? 4 (There was no response.) 5 The question is on the 6 confirmation of John Pessala as Judge of the 7 Nassau County Family Court. 8 All those in favor, signify by 9 saying aye. 10 (Response of "Aye.") 11 Opposed, nay. 12 (There was no response.) 13 John Pessala is hereby confirmed 14 as a judge of Nassau County Family Court. 15 Judge Pessala. 16 (Applause.) 17 Judge, we now recognize the 18 stature that my colleagues referred to. We 19 extend our congratulations and best wishes to 20 you and also to your wife, Elizabeth, and your 21 children, Anne and Alexander, who have joined 22 with you today. 23 On behalf of Senator Bruno and 6622 1 all the members of the Senate, we extend our 2 best wishes to you and good luck in serving the 3 people of New York State and Nassau County. 4 Thank you. 5 The Secretary will read. 6 THE SECRETARY: Westchester 7 County Family Court, Linda Jamieson of Bedford. 8 ACTING PRESIDENT WRIGHT: The 9 Chair recognizes Senator Lack. 10 SENATOR LACK: Thank you, Mr. 11 President. 12 Once again, I rise to move the 13 nomination of Linda Jamieson as judge of the 14 Westchester County Family Court. 15 Ms. Jamieson's qualifications 16 have been gone over by the staff of the 17 Judiciary Committee, who found her superbly 18 qualified for the post. 19 This morning she appeared, as did 20 the others, of course, before the Judiciary 21 Committee, who unanimously endorsed her 22 nomination and have moved it to the floor of the 23 Senate, and it is my pleasure to yield to my 6623 1 colleague sitting next to me, the Westchester 2 County leader and Senator, Nicholas Spano. 3 ACTING PRESIDENT WRIGHT: The 4 Chair recognizes Senator Spano. 5 SENATOR SPANO: Thank you, Mr. 6 President. 7 It is my pleasure to second the 8 nomination of Linda Jamieson today. 9 Linda Jamieson was admitted to 10 practice back in 1980. During the time that she 11 has been practicing law, she has been involved 12 primarily in Family Law and has been involved in 13 many different local activities, including being 14 arbitrator in Westchester County Supreme Court, 15 and has been involved in a number of advisory 16 boards of groups representing children in 17 Westchester County. 18 As has been said by my colleagues 19 previously about the other nominees today, the 20 Governor should be congratulated on his 21 selection of Linda Jamieson. She's a person who 22 will bring some enormous benefit to the Family 23 Court and to the people of Westchester County, 6624 1 and I want to just thank the Governor. 2 I'm glad that Linda's husband, 3 Laurence Keiser, is here, and her children 4 Heather and Jamie and Ross are also with her, 5 and also her mom is with her today. This has to 6 be a proud day for her, as well as her sister 7 who is also joining her. 8 So, it is my pleasure to second 9 the nomination of Linda Jamieson. 10 ACTING PRESIDENT WRIGHT: The 11 Chair recognizes Senator Leibell. 12 SENATOR LEIBELL: Thank you, Mr. 13 President. 14 I'd like to join in the comments 15 of Senator Lack and Senator Spano and commend 16 the Governor for once again sending us the name 17 of someone who will be filling a most important 18 position in a county which I represent. Linda 19 Jamieson's resume is such that we can all feel 20 great confidence that she will bring to bear on 21 this most important position her talents, her 22 energy and her integrity. 23 I join with my colleagues in 6625 1 supporting this nomination. 2 ACTING PRESIDENT WRIGHT: Are 3 there any other members who wish to speak on the 4 confirmation? 5 (There was no response.) 6 The question is on the 7 confirmation of Linda Jamieson as judge of the 8 Westchester County Family Court. All those in 9 favor -- all in favor, signify by saying aye. 10 (Response of "Aye.") 11 Opposed, nay. 12 (There was no response.) 13 Linda Jamieson is hereby 14 confirmed as judge of the Westchester County 15 Family Court. 16 Judge Jamieson. 17 (Applause.) 18 The Judge is joined by her 19 husband Laurence, children Heather, Jamie and 20 Roseanne. We welcome all of you family members 21 and guests to the Capitol today. On behalf of 22 Senator Bruno and all the members of the Senate, 23 Judge Jamieson, we extend our congratulations 6626 1 and best wishes to you as you serve the people 2 of New York State and Westchester County. 3 Thank you very much. 4 The Secretary will read. 5 THE SECRETARY: Sullivan County 6 Court, Burton Ledina of Monticello. 7 ACTING PRESIDENT WRIGHT: Senator 8 Lack. 9 SENATOR LACK: Thank you, Mr. 10 President. 11 It's my pleasure to rise to move 12 the nomination of Burton Ledina as a judge of 13 the Sullivan County Court. Mr. Ledina's 14 qualifications have been examined by the staff 15 of the Judiciary Committee and found to be 16 eminently satisfactory. 17 He appeared before the committee 18 this morning and was unanimously confirmed and 19 the nomination was moved to the floor, and it's 20 my pleasure to yield to Senator Cook. 21 ACTING PRESIDENT WRIGHT: Chair 22 recognizes Senator Cook. 23 SENATOR COOK: Mr. President, 6627 1 it's a great honor and distinct personal 2 privilege to be able to second Burt Ledina's 3 nomination for Sullivan County Court. I have 4 known Burt perhaps ten years, but he has the 5 kind of personality that you feel that you have 6 known him for a lifetime, and it's in that 7 context that I take such great personal pleasure 8 in this nomination. 9 Sometimes I think these resumes 10 are in reverse of importance, because even 11 though we admire Burt's background as an 12 attorney and his service on local courts, the 13 thing that impresses me most is the way that he 14 served his community. 15 He brings values that are re 16 flected in his activities as part of the Jewish 17 community center at Temple Shalom at Landfeld 18 Avenue Synagogue. He has had a record of 19 community service to a variety of organizations, 20 Shriners, the Lions, Elks, the JCs, Monticello 21 Youth Group. In other words, he's been someone 22 who shared his talents in a variety of ways for 23 the good of the community, and I think that's 6628 1 really important when we consider the 2 qualifications of someone who is going to be 3 sitting on the bench. 4 But as I indicated, Burt's 5 qualifications as a judge are certainly eminent 6 as well. He served as a town justice for the 7 town of Thompson, village justice for the 8 village of Monticello, but he's also been on the 9 Sullivan County Alternatives to Incarceration 10 Advisory Board which is important. He's been 11 also a member of the House of Delegates of the 12 State Bar Association, and every officer I guess 13 of the Sullivan County Bar Association is an 14 arbiter, I guess, on the American Arbitration 15 Association panel. 16 He is someone who brings a wealth 17 of knowledge and background in exactly the kinds 18 of things that a County Judge will be dealing 19 with, and I think that everyone in Sullivan 20 County, Burt, takes particular pride today in 21 the fact that you are being nominated and 22 confirmed for this position. 23 I know that your wife, Harriet, 6629 1 is here with you. I know your children, Michele 2 Andrea and David John, are also filled with 3 pride on this occasion, as certainly am I, and I 4 am, very, very honored, Mr. President, to second 5 Burt Ledina's nomination as Sullivan County 6 Judge. 7 ACTING PRESIDENT WRIGHT: Are 8 there any other members wishing to speak on the 9 confirmation? 10 (There was no response.) 11 The question is on the 12 confirmation of Burton Ledina as judge of the 13 Sullivan County Court. 14 All those in favor, signify by 15 saying aye. 16 (Response of "Aye.") 17 Opposed, nay. 18 (There was no response.) 19 Burton Ledina is hereby confirmed 20 as judge of the Sullivan County Court. 21 Judge Ledina. 22 (Applause.) 23 The judge is joined by his wife, 6630 1 Harriet, and children, Andrea and David. We 2 welcome you and your family and friends to the 3 Capitol and, on behalf of Senator Bruno and the 4 members of the state Senate, we extend our best 5 wishes and congratulations to you on your 6 confirmation and we wish you the best in serving 7 the people of the New York State. 8 Thank you very much. 9 The Secretary will read. 10 THE SECRETARY: Supreme Court 11 8th Judicial District, Glenn Morton of Batavia. 12 ACTING PRESIDENT WRIGHT: Chair 13 recognizes Senator Lack. 14 SENATOR LACK: Thank you, Mr. 15 President. Once again, I rise to move the 16 nomination of Glenn Morton of Batavia as a 17 Justice of the Supreme Court in the 8th Judicial 18 District. 19 It is a pleasure, Mr. President, 20 to move this last nominee who is the senior 21 serving County Court judge in the State of New 22 York; and for his elevation to Justice of the 23 Supreme Court, the staff of the Judiciary 6631 1 Committee has found him eminently qualified. 2 He was unanimously confirmed in 3 the Judiciary Committee meeting this morning and 4 moved to the floor, and it's my privilege to 5 yield to Senator Rath. 6 ACTING PRESIDENT WRIGHT: Chair 7 recognizes Senator Rath. 8 SENATOR RATH: Thank you, Senator 9 Lack. 10 Mr. President, my colleagues. I 11 rise with a great deal of pleasure to second the 12 nomination of Judge Glenn Morton to the New York 13 State Supreme Court, 8th Judicial District. 14 Judge Morton has been on the Genesee County 15 Court, has been a Genesee County Court judge 16 since March 1, 1967, when he was appointed by 17 then Governor Nelson Rockefeller. 18 Judge Morton's resume looks like 19 many of those that we've spoken about here this 20 morning. The organizations, the civic 21 activities that Judge Morton participated in 22 before he went on the bench those years ago, 23 look like many of our resumes. The judge even 6632 1 served a stint as a supervisor of the town of 2 Batavia and served in the County Legislature. 3 I didn't say it at the Judiciary 4 hearing this morning, but I am sure, Judge 5 Morton, in those days you would have been 6 considered one of "rising star young turks" in 7 Genesee County and moved to your position as the 8 County Court Judge because of your knowledge of 9 the county that you served, as a participant in 10 community and civic activities, as well the 11 municipal activities. 12 Judge Morton's resume, as you 13 look further into it through his judicial 14 experience, the words that jumped out to me were 15 the words "training, training consultant, 16 technical advisor, guest lecturer." It read as 17 a who's who as a judge who is consulted because 18 of his background, because of his knowledge, 19 because of his experience. 20 In the Judiciary hearing this 21 morning, several of my colleagues indicated that 22 they had been watching Judge Morton's career and 23 had recognized him as a leader and a forward 6633 1 thinker, and I came to know Judge Morton in 2 Genesee County best in my early days in the 3 county legislature as I worked very hard to pull 4 together from the experience Genesee County had 5 in Alternatives to Incarceration Programs. 6 So it is with a great deal of 7 pleasure that I second his nomination. 8 I want to congratulate also Judge 9 Battle, Judge Giardino, Judge Jamieson, Judge 10 Ledina, and Judge Pessala. I think it's always 11 very nice to hear it from a second or a third or 12 a fourth voice as someone says "Judge" and it 13 really is official now. Congratulations to all 14 of you. 15 In a moment, Judge Morton, as you 16 move to Supreme Court, I want to be the first to 17 congratulate you and your wife, Joyce, and how 18 happy we are to have that honor come to Genesee 19 County, one of my counties. 20 ACTING PRESIDENT WRIGHT: Chair 21 recognizes Senator Maziarz. 22 SENATOR MAZIARZ: Thank you very 23 much, Mr. President. 6634 1 In the last six or eight months, 2 I have had the distinct pleasure of meeting 3 Judge Morton out on the circuit in my district. 4 You know, as all of us who live in judicial 5 districts where you may have one rather large 6 county and then several smaller rural areas 7 know, that all too often the leaders that be 8 generally choose Supreme Court Justices from the 9 one large county; and such is the case in the 10 8th Judicial District, and I'm very pleased 11 Governor Pataki, in his wisdom, went out and 12 sought a judge who represents one of the rural 13 counties outside of the major county in the 8th 14 Judicial District. 15 I don't think he could have 16 picked a finer person than Judge Morton. I 17 don't take my votes on confirming judicial 18 nominees lightly. And in my former role as a 19 County Clerk in Niagara County, I dealt with 20 many attorneys, and I usually go back to some of 21 the attorneys that I had a great deal of respect 22 for and run the qualifications of the nominees 23 by them, and I can tell you that attorneys from 6635 1 all political parties had nothing but the 2 highest regard for Glenn Morton and his duties 3 as County Court Judge, and all of them 4 unhesitatingly recommended that I vote to 5 confirm Glenn Morton. 6 So, Judge, I join in my 7 congratulations and I know you will have a great 8 career in the Supreme Court. 9 ACTING PRESIDENT WRIGHT: Are 10 there any other members wishing to speak on the 11 confirmation? 12 Senator Dollinger. 13 SENATOR DOLLINGER: Thank you, 14 Mr. President. 15 I said at the Judiciary Committee 16 that Judge Morton's reputation had worked its 17 way through that seeming impenetrable line 18 between the 8th Judicial District and the 7th 19 Judicial District into my home county of Monroe 20 County. It's a fine reputation. He's an 21 eminently qualified jurist, and I'm going to 22 certainly vote in favor of his nomination. 23 As someone who has stood here 6636 1 before sometimes as the ranking mischief maker 2 on this side of the aisle, I want to 3 congratulate the Governor on these appointments. 4 These are six high quality individuals to sit on 5 the bench of this state. 6 I congratulate the Senate 7 Judiciary Committee chair for bringing these 8 nominations forward and doing, I thought, again, 9 a good opportunity for committee members to meet 10 with them and discuss these issues. 11 I have only one caution for all 12 of us. I think today as we send these new 13 jurists onto the bench or to different benches, 14 we should recognize them for exactly what they 15 are, highly qualified people who will do 16 probably the most difficult job we can give 17 them. I asked new Judge Jamieson, I believe, a 18 question about the Family Court. She said, "It 19 all depends on the individual. It all depends 20 on the circumstance," and it seems to me that we 21 who may too often have the temptation to snipe 22 at judges who can't respond in kind and tell 23 them that they have done something wrong or 6637 1 criticize them, that what we should recognize is 2 that they are doing the enormously difficult 3 task of taking the direction that we give them 4 by law and that the people give them by 5 Constitution to interpret those documents in 6 individual cases to achieve justice and, 7 although they may make mistakes or in our 8 judgment may mistakes, before we criticize them 9 we should remember these are good people trying 10 to do the right thing for the people of this 11 state. 12 To all of them, I congratulate 13 them. I send them my best. 14 To Judge Morton, who comes with 15 the blessing of the Monroe County Bar, I 16 congratulate him and wish him well in his new 17 position. 18 Thank you, Mr. President. 19 ACTING PRESIDENT WRIGHT: The 20 question is on the confirmation of the Honorable 21 Glenn Morton as Justice of the Supreme Court, 22 8th Judicial District. 23 All in favor, signify by saying 6638 1 aye. 2 (Response of "Aye.") 3 Opposed, nay. 4 (There was no response.) 5 The Honorable Glenn Morton is 6 hereby confirmed as Justice of the Supreme Court 7 8th Judicial District. 8 Judge Morton. 9 (Applause.) 10 The Judge is joined today by his 11 wife, Joyce. We welcome you to the Capitol. On 12 behalf of Senator Bruno and all of my colleagues 13 in the Senate, we extend our best wishes and 14 congratulations to you, Judge, and every best 15 wish as you serve the people of New York State. 16 Thank you again. 17 Chair would also like to take a 18 moment to return to Judge Battle. I failed to 19 recognize, and I wish to correct the error of 20 recognizing Judge Battle's mother who has joined 21 with us and his family members, Willie and 22 Cheryl Horne. 23 Thank you for coming to the 6639 1 Capitol and joining with the Judge in his 2 recognition. 3 (Applause.) 4 Again, to all of the judges today 5 that we have confirmed, our best wishes. You've 6 heard our colleagues speak to the abilities that 7 you bring to the bench and we look forward to 8 your service that you bring to the people of the 9 state of New York. 10 Thank you very much for joining 11 us today. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 if we can return to motions and resolutions, I 15 believe there is a resolution at the desk by 16 Senator Libous. I ask that the title be read 17 and the resolution be adopted. 18 ACTING PRESIDENT WRIGHT: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Libous, Legislative Resolution, commemorating 22 Wednesday, June 5, 1996 as Legislative 23 Disability Awareness Day in the State of New 6640 1 York. 2 ACTING PRESIDENT WRIGHT: Chair 3 recognizes Senator Libous. 4 SENATOR LIBOUS: Thank you, Mr. 5 President. Thank you, Senator Skelos and my 6 colleagues. 7 Today is Disability Awareness Day 8 in the Capitol, and it's a day that we have 9 celebrated once a year usually the first week in 10 June. The reason for this day is very simple, 11 to recognize our commitment as a legislative 12 body to those individuals in New York State with 13 disabilities. 14 Those of us who come to work 15 every day, take for granted some of the comforts 16 we have. We often do not recognize that there 17 are other individuals who have disabilities and 18 may not have life quite as easy as we do. 19 Legislative Disability Awareness Day is our 20 opportunity to recognize those people with 21 disabilities in New York State and to try to do 22 something to integrate their lives, make sure as 23 mentioned this morning by Senator Paterson that 6641 1 people with disabilities have the same 2 opportunities everyone else does, whether they 3 be in the workplace, whether it be for health 4 care, whether it be in the community, and that's 5 really what our goal is here today. 6 Part of our ceremony today 7 involves a display over in the Legislative 8 Office Building, and I would invite all of you 9 to visit the LOB on the third floor. We have 10 displays from a number of psychiatric centers, 11 developmental centers. We have displays from 12 the independent living centers and a number of 13 different organizations in groups that deal and 14 help people with disabilities on a regular 15 basis. 16 We also have the pleasure and 17 opportunity today to have a special guest with 18 us who I will be introducing and honoring in 19 just a moment after we pass this particular 20 resolution. 21 ACTING PRESIDENT WRIGHT: Thank 22 you, Senator Libous. 23 The Chair will note that the 6642 1 resolution was previously adopted unanimously by 2 the Senate on May 21st, 1996. 3 The Chair returns to Senator 4 Libous. 5 SENATOR LIBOUS: Mr. President, I 6 want to offer up Senate Resolution 3424 and ask 7 that its title be read. 8 ACTING PRESIDENT WRIGHT: Clerk 9 will read. 10 THE SECRETARY: By Senator 11 Libous, Legislative Resolution honoring Jonathan 12 Swick of Potential Unlimited upon the occasion 13 of his appearance as guest of honor at 14 ceremonies marking New York State Legislative 15 Disability Awareness Day, Wednesday, June 5, 16 1996. 17 SENATOR LIBOUS: Could I please 18 have the resolution read in its entirety. 19 ACTING PRESIDENT WRIGHT: The 20 Secretary will read the entire resolution, 21 please. 22 THE SECRETARY: Whereas, 23 community awareness and acceptance of persons 6643 1 who are disabled serves to lift barriers and 2 expand choices for persons of all abilities. 3 It is the intent of this 4 Legislative Body to recognize individuals with 5 disabilities who have put aside their conditions 6 which might otherwise hinder a purposeful life 7 of achievement and fulfillment, demonstrating 8 that the barriers to success for the disabled 9 come more commonly from prevailing attitudes and 10 opportunities than the physical limitations of a 11 disability. 12 Jonathan Swick, pianist, made his 13 concert debut in 1986 at a conference for 14 parents of children with Down's syndrome; the 15 overwhelming success of that performance became 16 the genesis for Potential Unlimited. 17 Jonathan Swick began studying 18 classical piano at age 10 and has performed at 19 the Michael Landon celebrity gala and Chautauqua 20 Institution; he was a 1989 Itzak Perlman Piano 21 Award Finalist, one of nine throughout the 22 country. 23 Jonathan Swick graduated from 6644 1 Bethlehem Central School, lives with his parents 2 in Delmar, is employed by the New York State 3 Department of Licensing; he serves on the Board 4 of Potential Unlimited. 5 The Bardavon concert is a yearly 6 show case for creativity and growth of seasoned 7 performers and an exciting debut for new ones. 8 In addition, each year more than 1200 students 9 attend Potential Unlimited school concerts at 10 the Bardavon. 11 Potential Unlimited Productions, 12 Incorporated in 1995, is a nonprofit organiza 13 tion dedicated to celebrating the artistic tri 14 umphs of people with developmental disabilities 15 by cultivating performance opportunities at the 16 highest professional level; Potential Unlimited 17 brings to audiences music, dance, and words that 18 touch the heart and renew the spirit beyond the 19 concert stage. 20 Potential Unlimited performers 21 engage students and community members in 22 educational outreach programs, teaching that 23 with courage and hope anything is possible. 6645 1 Potential Unlimited is a unique 2 collaboration between dedicated music 3 therapists, members of the Hudson Valley 4 Philharmonic, independent professional musicians 5 and photographers, and featured performers with 6 disabilities. 7 Jonathan Swick so clearly 8 personifies the goals and aspirations of 9 potential Unlimited; Jonathan's perseverance and 10 commitment enhance a personal talent of 11 consummate excellence. 12 Whereas, upon the occasion of 13 Legislative Disability Awareness Day, Wednesday, 14 June 5, 1996, this Legislative Body is greatly 15 moved to commend a musical artist of renown and 16 of such talent; now, therefore, be it 17 Resolved, that this Legislative 18 Body pause in its deliberations to honor and 19 commend Jonathan Swick of Potential Unlimited, 20 recognizing his courageous endeavors, 21 outstanding achievements, and unparalleled 22 contributions on behalf of the disabled and 23 their cause for increased awareness and 6646 1 opportunity upon the occasion of his appearance 2 as guest of honor at the New York State 3 Legislature on Disability Awareness Day, 4 Wednesday, June 5, 1996; and be it further 5 Resolved, that a copy of this 6 resolution, suitably engrossed, be transmitted 7 to Jonathan Swick. 8 ACTING PRESIDENT WRIGHT: Chair 9 recognizes Senator Libous. 10 SENATOR LIBOUS: Thank you, Mr. 11 President. 12 As you heard from the reading of 13 this resolution, we have a remarkable young man 14 who is with us today. Jonathan played earlier 15 in the Legislative Office Building in the well, 16 and I can tell you there were 200 people there, 17 and they were completely spellbound in listening 18 to his performance. 19 Earlier this morning we were 20 talking, and Jonathan said that he first learned 21 the piano at 10 and, basically, he said his 22 sister was playing the piano and he began to 23 play the piano with her and actually he 6647 1 continued to play; and I don't believe your 2 sister is still playing at this time. 3 Is that correct? 4 (The response was "That's 5 correct.") 6 That's correct. So Jonathan 7 represents something today, my colleagues, that 8 I think is the whole essence of why we do 9 Disability Awareness Day, why we will soon pass 10 several pieces of legislation to promote and to 11 help people with disabilities. Jonathan needed 12 an opportunity and a chance. Once he had that 13 opportunity and a chance, he has proved 14 throughout his entire life that he is no 15 different than any one of us in this room. As a 16 matter of fact, he is more special than most of 17 us if not all of us in this room, because if you 18 had the opportunity to listen to Jonathan play 19 the piano, he has remarkable talent. He is one 20 who shows that an individual who wants to sit 21 down and work and practice can excel. 22 Jonathan, we have had a number of 23 different guests over the years when we 6648 1 celebrate this day, but, indeed, it is an honor 2 for me to say that I had the opportunity to not 3 only meet you, to honor you today, but to listen 4 to your professional works and it was a pleasure 5 for me. 6 ACTING PRESIDENT DiCARLO: 7 Senator Hoblock. 8 SENATOR HOBLOCK: Thank you, Mr. 9 President. 10 It certainly gives me great 11 pleasure to rise and join with Senator Libous 12 and my colleagues in this chamber in sponsoring 13 this resolution and specifically to recognize 14 and honor Jonathan Swick. 15 Jonathan is a resident 16 constituent of mine in the 42nd Senatorial 17 District, and we're extremely pleased to have 18 him here today as our guest. 19 As has been said, he's a very 20 talented individual, having played the piano 21 since the age of 10 and has performed in a 22 number of particular functions, concerts, galas 23 and conventions and, as he did this morning, he 6649 1 has dazzled his audience at each and every one 2 of these functions. 3 Jonathan, this morning and 4 throughout his career, has been an inspiration 5 to all of us, and we're delighted that he joined 6 us here and participated in these activities. 7 Jonathan represents the recognition and 8 appreciation that we have of the disability 9 community; that we recognize the abilities of 10 the individual rather than their disabilities 11 and that we concentrate on the positive and have 12 people like Jonathan show us what they can 13 accomplish to enhance their lives. 14 Jonathan is a very motivated 15 individual, and as a result of his hard work and 16 efforts and particularly his determination, he 17 has brought about a fulfillment in his own life. 18 So we're extremely proud, 19 Jonathan. 20 We wish him well. We wish him 21 success in the continuation of his artistic 22 abilities, and we're going to be looking forward 23 to listening to his works for many years to 6650 1 come. 2 Again, congratulations, Jonathan. 3 ACTING PRESIDENT DiCARLO: 4 Senator Saland. 5 SENATOR SALAND: Thank you, Mr. 6 President. 7 I rise not only to commend 8 Senator Libous for his advocacy for those with 9 disabilities but particularly to commend 10 Jonathan for this special award that he has 11 received, this recognition that he has received 12 today. 13 But I would be remiss if I didn't 14 acknowledge the presence and importance of 15 Potential Unlimited, a group that is very 16 closely associated with my district, and I spoke 17 a bit earlier with Helen Meserve, who I see 18 sitting in the gallery. 19 Suffice it to say that Potential 20 Unlimited has presented opportunities not just 21 for Jonathan but for a host of others. They are 22 doing a marvelous job, deserve our kudos, our 23 attention and our support wherever and whenever 6651 1 so that young folks and older folks have the 2 opportunity to take advantage of the God-given 3 talent that they have been presented and, if not 4 for their efforts and their commitment, we might 5 never have these jewels to share with our 6 respective communities. 7 Thank you, Mr. President. 8 ACTING PRESIDENT DiCARLO: 9 Senator Gold. 10 SENATOR GOLD: Yes. Thank you, 11 Mr. President. 12 Mr. President, first of all, my 13 congratulations to Senator Libous and the 14 Majority and for everybody who participates in 15 this day. 16 But it's interesting. 17 "Disabilities Awareness Day," I guess that 18 means the focus should be on, in my case, the 19 fact that I can't speak foreign languages and I 20 was a lousy student in that regard. 21 The focus, I think, really should 22 be on what we can do, and I think that when we 23 get away from calling it Disabilities Awareness 6652 1 Day, that's exactly what Senator Libous was 2 doing. We try to focus and make everybody in 3 society understand that every one of us can't do 4 things, and what we ought to be doing is looking 5 at our neighbors and friends and saying, "This 6 is someone who contributes in a certain way." 7 There was -- there is a famous 8 story about Governor Al Smith leaving the 9 building with some very, very important people, 10 quotes/unquotes, and he asked them to wait a 11 minute, and he went over to talk to the elevator 12 operator, and he spent about five minutes, ten 13 minutes with him and these very important people 14 were getting a little out of joint, and when 15 Governor Smith came back, he said, "I'm sorry." 16 He said, "But that man votes in my district." 17 The answer is everybody is 18 important, and what is important about people is 19 what they are, not what they aren't; so while we 20 can argue about the name of this day, I think it 21 is a wonderful thing that Senator Libous and 22 others brought on the resolution and that we 23 show some respect today for our fellow human 6653 1 beings for what they are, understanding that we 2 all have some disabilities. 3 ACTING PRESIDENT DiCARLO: The 4 question is on the resolution. 5 All in favor, signify by saying 6 aye. 7 (Response of "Aye.") 8 Opposed. 9 (There was no response.) 10 The resolution is adopted, and on 11 behalf of the New York State Senate, we would 12 like to congratulate Jonathan Swick and also his 13 father, Joseph, who is here with us in the 14 chamber. 15 Congratulations, and we're all 16 proud of you. 17 (Whereupon, there was a standing 18 ovation.") 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 if we can return to the controversial calendar 22 regular order, starting with Calendar Number 23 191, by Senator Libous. 6654 1 ACTING PRESIDENT DiCARLO: 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 191, by Member of the Assembly Bragman, Assembly 5 Print 8454C, an act to amend the Vehicle and 6 Traffic Law, in relation to parking permits for 7 handicapped persons. 8 ACTING PRESIDENT DiCARLO: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT DiCARLO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 57. 16 ACTING PRESIDENT DiCARLO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 336, by Senator Libous, Senate Print 4443A, an 20 act to amend the Mental Hygiene Law and the 21 Vehicle and Traffic Law, in relation to parking 22 spaces for handicapped persons. 23 ACTING PRESIDENT DiCARLO: Read 6655 1 the last section, please. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first day of 4 September. 5 ACTING PRESIDENT DiCARLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 57. 9 ACTING PRESIDENT DiCARLO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 348, by Senator Libous, Senate Print 4442, an 13 act to amend the Public Health Law, in relation 14 to requiring consent for visual observation. 15 ACTING PRESIDENT DiCARLO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT DiCARLO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT DiCARLO: The 6656 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 364, by Senator Libous, Senate Print 4440B, an 4 act to amend the Labor Law and the Education Law 5 and the General Business Law, in relation to 6 employment training. 7 ACTING PRESIDENT DiCARLO: Read 8 the last section, please. 9 THE SECRETARY: Section 28. This 10 act shall take effect on April 1, 1997. 11 ACTING PRESIDENT DiCARLO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 55, nays 2, 15 Senators DeFrancisco and DiCarlo recorded in the 16 negative. 17 ACTING PRESIDENT DiCARLO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 714, by Member of the Assembly Towns, Assembly 21 Bill 9824, an act to amend Chapter 744 of the 22 Laws of 1992, amending the Mental Hygiene Law. 23 ACTING PRESIDENT DiCARLO: Read 6657 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT DiCARLO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 57. 8 ACTING PRESIDENT DiCARLO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 757, by the Assembly Committee on Rules, Assem 12 bly Print 7827A, an act to amend the General 13 Business Law, in relation to the wheelchair 14 lemon law bill of rights. 15 ACTING PRESIDENT DiCARLO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT DiCARLO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT DiCARLO: The 6658 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 833, by Senator Maziarz, Senate Print 6440A, an 4 act to amend the Vehicle and Traffic Law, in 5 relation to parking permits for state and local 6 government entities. 7 ACTING PRESIDENT DiCARLO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT DiCARLO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 57. 15 ACTING PRESIDENT DiCARLO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1124, by Senator Levy, Senate Print 325, an act 19 to amend the Vehicle and Traffic Law, in 20 relation to requiring certain information on 21 disabled children. 22 ACTING PRESIDENT DiCARLO: Read 23 the last section. 6659 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT DiCARLO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 57. 7 ACTING PRESIDENT DiCARLO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1141, by Senator Levy, Senate Print 3996, an act 11 to amend the Vehicle and Traffic Law, in 12 relation to the transportation of persons in 13 wheelchairs. 14 ACTING PRESIDENT DiCARLO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT DiCARLO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 57. 22 ACTING PRESIDENT DiCARLO: The 23 bill is passed. 6660 1 THE SECRETARY: Calendar Number 2 1244, by Senator Johnson, Senate Print 2402, an 3 act to amend the Real Property Tax Law, in 4 relation to granting partial exemption from 5 taxation. 6 ACTING PRESIDENT DiCARLO: Read 7 the last section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 ACTING PRESIDENT DiCARLO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 57. 14 ACTING PRESIDENT DiCARLO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1267, by Senator Libous, Senate Print 7316A, an 18 act to amend the Mental Hygiene Law and the 19 Executive Law. 20 ACTING PRESIDENT DiCARLO: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect in 90 days. 6661 1 ACTING PRESIDENT DiCARLO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 57. 5 ACTING PRESIDENT DiCARLO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1228, by Senator Stafford, Senate Print 612, an 9 act to amend the Environmental Conservation Law. 10 SENATOR SKELOS: Lay it aside for 11 the day. 12 ACTING PRESIDENT DiCARLO: The 13 bill is laid aside for the day. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 will you call up Calendar Number 1268, Senate 17 7609. 18 ACTING PRESIDENT DiCARLO: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1268. Senator Bruno moves to discharge from the 22 Committee on Rules Assembly Bill 10761 and 23 substitute it for the identical Senate Bill 6662 1 7609. 2 ACTING PRESIDENT DiCARLO: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1268, by the Assembly Committee on Rules, 6 Assembly Print 10761, an act to amend Chapter 7 170 of the Laws of 1994, amending the Tax Law. 8 ACTING PRESIDENT DiCARLO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT DiCARLO: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT DiCARLO: 16 Senator Dollinger, why do you rise? 17 SENATOR DOLLINGER: Okay, sorry. 18 I apologize. Out of order. 19 ACTING PRESIDENT DiCARLO: 20 Continue. 21 THE SECRETARY: Ayes 57. 22 ACTING PRESIDENT DiCARLO: Bill 23 is passed. 6663 1 Senator Skelos. 2 Senator Skelos, we have some 3 housekeeping if you would like to take that up. 4 SENATOR SKELOS: If we can do the 5 housekeeping, Mr. President. 6 ACTING PRESIDENT DiCARLO: We 7 will return to motions and resolutions. 8 Senator Marcellino. 9 SENATOR MARCELLINO: Yes, Mr. 10 President. On page number 27, on behalf of 11 Senator Skelos, I offer the following amendments 12 to Calendar Number 918, Senate Print Number 13 6724, and ask that said bill retain its place on 14 the Third Reading Calendar. 15 ACTING PRESIDENT DiCARLO: 16 Amendments received and adopted. 17 SENATOR MARCELLINO: Mr. 18 President, on behalf of Senator LaValle, on page 19 number 32, I offer the following amendments to 20 Calendar Number 1019, Senate Print Number 7227, 21 and ask that said bill retain its place on the 22 Third Reading Calendar. 23 ACTING PRESIDENT DiCARLO: 6664 1 Amendments received and adopted. 2 SENATOR MARCELLINO: Mr. 3 President, on behalf of my colleague, Senator 4 Maziarz, on page number 31, I offer following 5 amendments to Calendar Number 1009, Senate Print 6 Number 7312, and ask that said bill retain its 7 place on the Third Reading Calendar. 8 ACTING PRESIDENT DiCARLO: 9 Amendments received and adopted. 10 SENATOR MARCELLINO: Mr. 11 President, on behalf of Senator Lack, on page 12 number 35, I offer the following amendments to 13 Calendar Number 1067, Senate Print Number 7484, 14 and ask that said bill retain its place on the 15 Third Reading Calendar. 16 ACTING PRESIDENT DiCARLO: 17 Amendments received and adopted. 18 Senator Volker. 19 SENATOR VOLKER: Mr. President, 20 on page 4, Calendar Number 32, Senate Print 21 4262, will you please star that bill, please. 22 ACTING PRESIDENT DiCARLO: 23 Calendar 32, Senate 4262, is starred at the 6665 1 request of the sponsor. 2 Senator Hoffmann. 3 SENATOR HOFFMANN: Mr. President, 4 i believe I have a privileged resolution at the 5 desk. 6 ACTING PRESIDENT DiCARLO: Yes, 7 we do. Secretary will read. 8 THE SECRETARY: By Senator 9 Hoffmann, Legislative Resolution, commending 10 Nancy and David A.A. Ridings upon the occasion 11 of their designation as recipients of the 1996 12 Interreligious Leadership Award. 13 ACTING PRESIDENT DiCARLO: 14 Senator Hoffmann. 15 SENATOR HOFFMANN: I would ask 16 that the resolution be adopted. 17 ACTING PRESIDENT DiCARLO: All 18 those in favor of the resolution, signify by 19 saying aye. 20 (Response of "Aye.") 21 Opposed. 22 (There was no response.) 23 Resolution is adopted. 6666 1 SENATOR HOFFMANN: Thank you, Mr. 2 President. 3 ACTING PRESIDENT DiCARLO: 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 if there is no objection, we would like to take 7 up Calendar Number 1263 and Calendar Number 1264 8 which were laid aside earlier today. I believe 9 Senator Sears is ready to debate those bills. 10 ACTING PRESIDENT DiCARLO: 11 Without objection, Secretary will read. 12 THE SECRETARY: Calendar Number 13 1263, by Senator Sears, Senate Print 7301, an 14 act to authorize the county of Lewis to sell, 15 transfer, convey and otherwise dispose of the 16 Lewis County General Hospital. 17 ACTING PRESIDENT DiCARLO: There 18 is a home rule message at the desk. 19 SENATOR PATERSON: Explanation. 20 ACTING PRESIDENT DiCARLO: 21 Explanation has been asked for. 22 Senator Sears. 23 SENATOR SEARS: This bill 1263, 6667 1 it just authorizes the county of Lewis to sell, 2 transfer, convey and otherwise dispose of the 3 Lewis County General Hospital to a not-for 4 profit hospital corporation. The county can no 5 longer afford to maintain that hospital so they 6 want to get rid of it and let it be taken over 7 by a not-for-profit organization, and the bill 8 that follows it is the same thing. They want to 9 authorize them to issue serial bonds to 10 liquidate the project's debt, a companion bill. 11 ACTING PRESIDENT DiCARLO: Read 12 the last section on 1263. 13 THE SECRETARY: Section 7. This 14 act shall take effect immediately. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 58. 17 ACTING PRESIDENT DiCARLO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1264, by Senator Sears, Senate Print 7302, an 21 act authorizing the county of Lewis to issue 22 serial bonds. 23 ACTING PRESIDENT DiCARLO: There 6668 1 is a home rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 8. This 4 act shall take effect immediately. 5 ACTING PRESIDENT DiCARLO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 58. 9 ACTING PRESIDENT DiCARLO: The 10 bill is passed. 11 SENATOR SKELOS: Mr. President, 12 is there any housekeeping at the desk? 13 ACTING PRESIDENT DiCARLO: Yes, 14 we do, Senator Skelos. 15 Senator Marcellino. 16 SENATOR MARCELLINO: Mr. 17 President, on behalf of Senator Maltese, please 18 place a sponsor's star on Calendar Number 854. 19 ACTING PRESIDENT DiCARLO: So 20 ordered. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 if we could stand at ease. 6669 1 ACTING PRESIDENT DiCARLO: Senate 2 will stand at ease. 3 (Whereupon, at 12:34 p.m., the 4 Senate stood at ease.) 5 SENATOR SKELOS: Mr. President. 6 ACTING PRESIDENT DiCARLO: 7 Senator Skelos. 8 SENATOR SKELOS: There will be an 9 immediate meeting of the Rules Committee in Room 10 332 of the Capitol, and Senate will stand at 11 ease. 12 ACTING PRESIDENT DiCARLO: 13 Immediate meeting of the Rules Committee in Room 14 332 of the capital. Senate will stand at ease. 15 (Whereupon, at 1:03 p.m., the 16 Senate reconvened.) 17 ACTING PRESIDENT KUHL: Senate 18 will come to order. Ask the members to find 19 their places. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, I 22 believe -- if we could return to reports of 23 standing committees, I believe there is a report 6670 1 of the Rules Committee at the desk. I ask that 2 it be read. 3 ACTING PRESIDENT KUHL: We will 4 return to reports of standing committees. 5 Secretary will read the Rules 6 Report which is at the desk. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, offers up the 9 following bills directly for third reading: 10 Senate Print 3356, by Senator 11 Kuhl, an act to amend the Vehicle and Traffic 12 Law; 13 Senate Print 3519, by Senator 14 DeFrancisco and others, an act to amend the 15 Penal Law; 16 4358A, by Senator DiCarlo, an act 17 to amend the Vehicle and Traffic Law; 18 4804A, by Senator Maziarz, an act 19 to amend the Town Law; 20 4907A, by Senator Tully, an act 21 to amend the Penal Law; 22 5418A, by Senator Holland, an act 23 to amend the Public Health Law; 6671 1 5899, by Senator DiCarlo, an act 2 authorizing the city of New York to reconvey; 3 6049, by Senator Rath, an act to 4 amend the State Administrative Procedure Act; 5 6109, by Senator Hoblock, an act 6 to amend the Public Officers Law; 7 6189A, by Senator Larkin, an act 8 to amend the General Municipal Law; 9 6252, by Senator Tully and 10 others, an act to amend Chapter 294 of the Laws 11 of 1994; 12 6373, by Senator Skelos, an act 13 to amend the Public Health Law; 14 6514, by Senator Maltese, an act 15 to amend the Penal Law; 16 6584A, by Senator Skelos, an act 17 to amend the Environmental Conservation Law; 18 6673, by Senator Johnson, an act 19 to provide retirement credit; 20 6675B, by Senator LaValle, an act 21 authorizing the Town of Brookhaven; 22 6745, by Senator Stafford, an act 23 to amend Chapter 583 of the Laws of 1995; 6672 1 6776, by Senator Larkin, an act 2 to amend Chapter 463 of the Laws of 1995; 3 6791A, by Senator Present, an act 4 to reopen a special retirement plan; 5 6794, by Senator Saland, an act 6 to amend the Penal Law; 7 6838, by Senator Tully, an act to 8 amend the Social Services Law; 9 6848, by Senator Alesi, an act to 10 amend the Penal Law and the Criminal Procedure 11 Law; 12 6909A, by Senator Alesi, an act 13 to amend the Criminal Procedure Law; 14 7028, by Senator Present, an act 15 to amend the Environmental Conservation Law; 16 7104A, by Senator Johnson, an act 17 in relation to authorizing the county of 18 Suffolk; 19 7203, by Senator Cook, an act to 20 amend the Agriculture and Markets Law; 21 7300A, by Senator Present and 22 others, an act to amend the Executive Law; 23 7433, by Senator Nanula, an act 6673 1 to amend the Local Finance Law; 2 Senate 7487A, by Senator Holland, 3 an act to authorize or sell real property; 4 7508, by Senator Seward, an act 5 to legalize, ratify, and confirm; 6 7685, by Senator Trunzo and 7 others, an act authorizing the payment of 8 supplemental retirement allowances. 9 All bills directly for third 10 reading. 11 ACTING PRESIDENT KUHL: Senator 12 Skelos. 13 SENATOR SKELOS: Move that we 14 adopt the report of the Rules Committee. 15 ACTING PRESIDENT KUHL: Motion is 16 to adopt the report of the Rules Committee. 17 All those in favor, signify by 18 saying aye. 19 (Response of "Aye.") 20 Opposed, nay. 21 (There was no response.) 22 The Rules Report is adopted. The 23 bills are ordered directly to third reading. 6674 1 We have a couple of 2 substitutions. 3 SENATOR SKELOS: Before we make 4 those, there will be an immediate meeting of the 5 Finance Committee in Room 332 of the Capitol. 6 ACTING PRESIDENT KUHL: Immediate 7 meeting of the Finance Committee in the Majority 8 Conference Room, Room 332. 9 Immediate meeting of the Finance 10 Committee in the Majority Conference Room, Room 11 332. 12 SENATOR SKELOS: Mr. President, 13 if we could make the substitutions. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the substitutions. 16 THE SECRETARY: Senator Wright 17 moves to discharge from the Committee on Rules 18 Assembly Bill 9838 and substitute it for the 19 identical Senate Bill 12C. 20 Senator Tully moves to discharge 21 from the Committee on Investigations, Taxation 22 and Government Operations Assembly Bill Number 23 5829A and substitute it for the identical Senate 6675 1 Bill 3263A. 2 Senator Stafford moves to 3 discharge from the Committee on Rules Assembly 4 Bill 9757 and substitute it for the identical 5 Senate Bill 3312A. 6 ACTING PRESIDENT KUHL: 7 Substitutions are ordered. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 at this time, if we can take up Senate 11 Supplemental Calendar Number 1. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the noncontroversial calendar on 14 Senate Supplement Calendar Number 1. 15 THE SECRETARY: Calendar Number 16 1269, by Member of the Assembly Christensen, an 17 act to amend the State Administrative Procedure 18 Act and the Executive Law, in relation to job 19 impact statements. 20 SENATOR PATERSON: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 6676 1 1270, by Senator Tully, Senate Print 186A, an 2 act to amend the General Business Law, in 3 relation to requiring the disclosure of credit 4 terms. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 60 day. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 Announce the results when 13 tabulated. 14 THE SECRETARY: Ayes 59. On 15 Calendar Number 1270, ayes 58, nays 1, Senator 16 Padavan recorded in the negative. 17 ACTING PRESIDENT KUHL: Bill is 18 passed. 19 SENATOR PADAVAN: Excuse me, Mr. 20 President. 21 ACTING PRESIDENT KUHL: That was 22 Calendar Number 1270, Senator Padavan. That is 23 on Supplemental Calendar Number 1. 6677 1 SENATOR PADAVAN: I'm in the 2 affirmative on that bill. 3 ACTING PRESIDENT KUHL: Record 4 the change. Announce the results. 5 THE SECRETARY: Calendar Number 6 1271, by Senator Holland, Senate Print 751, an 7 act to amend the Executive Law, in relation to 8 the powers of the Office of the Welfare 9 Inspector General. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 59. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1272, Senate Print 1384A, an act to amend the 22 Environmental Conservation Law, in relation to 23 granting municipalities an exemption from waste 6678 1 transportation fees. 2 ACTING PRESIDENT KUHL: There is 3 a local fiscal impact note at the desk. 4 Secretary will read the last 5 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 59. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1273, by Senator Farley, Senate Print 2305B, an 16 act to amend the Tax Law, in relation to 17 requirement to file a personal income tax 18 return. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 1st day of January. 23 ACTING PRESIDENT KUHL: Call the 6679 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 59. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1274, by Senator Stafford, Senate Print 2505A, 8 an act to amend the Labor Law, in relation to 9 license to possess and use explosives. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on November 1st. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 59. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1275, by Senator Trunzo, Senate Print 3210A, an 22 act to amend the Retirement and Social Security 23 Law, in relation to the membership of park 6680 1 rangers in Suffolk County. 2 ACTING PRESIDENT KUHL: There is 3 a home rule message at the desk. 4 Secretary will read the last 5 section. 6 THE SECRETARY: Section 6. 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 59. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1276, substituted earlier today, by Member of 16 the Assembly DiNapoli, Assembly Print 5829A, an 17 act to amend the Alcohol Beverage Control Law, 18 in relation to prohibiting the issuance of 19 license to sell liquor. 20 SENATOR PATERSON: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 6681 1 1277, substituted earlier today, by Member of 2 the Assembly D'Andrea, Assembly Print 9757, an 3 act to amend the Tax Law, in relation to 4 authorizing the county of Washington to allocate 5 certain proceeds. 6 SENATOR SKELOS: Lay it aside for 7 the day at the request of the sponsor. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside for the day at the request of the 10 sponsor. 11 THE SECRETARY: Calendar Number 12 1278, by Senator Kuhl, Senate Print 3868A, an 13 act to require the New York State and Local 14 Employees' Retirement System to accept 15 retirement applications. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 59. 6682 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1279, by Senator Hoffmann, Senate Print 4145C. 5 SENATOR PATERSON: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside for the amendments. 8 Senator Present, that completes 9 the reading of the noncontroversial calendar of 10 Supplemental Calendar Number 1. 11 SENATOR PRESENT: Mr. President, 12 will you recognize Senator Onorato for a motion. 13 ACTING PRESIDENT KUHL: Chair 14 recognizes Senator Onorato. 15 SENATOR ONORATO: Mr. President, 16 on behalf of Senator Hoffmann, I offer the 17 following amendments to Calendar Number 1279, 18 Senate Print Number 4145C, and ask that said 19 bill retain its place on Third Reading Calendar. 20 ACTING PRESIDENT KUHL: 21 Amendments to Calendar Number 1279 are received 22 and adopted, and the bill will retain its place 23 on the Third Reading Calendar. 6683 1 Senator Marcellino. 2 SENATOR MARCELLINO: Mr. 3 President, on behalf of Senator Trunzo, on page 4 number 29, I offer the following amendments to 5 Calendar Number 974, Senate Print Number 7259A, 6 and ask that the bill retain its place on the 7 Third Reading Calendar. 8 ACTING PRESIDENT KUHL: 9 Amendments to Calendar Number 974 are received 10 and adopted, and the bill will retain its place 11 on the Third Reading Calendar. 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 can we take up the controversial issues on 15 Senate Supplemental Calendar Number 1. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the controversial calendar, 18 Supplemental Calendar Number 1. 19 THE SECRETARY: Calendar Number 20 1269, by Member of the Assembly Christensen, 21 Assembly Print 9838, an act to amend the State 22 Administrative Procedure Act and the Executive 23 Law, in relation to job impact statements. 6684 1 SENATOR PATERSON: Explanation. 2 ACTING PRESIDENT KUHL: Senator 3 Wright, Senator Paterson has requested an 4 explanation. 5 SENATOR WRIGHT: Thank you, Mr. 6 President. 7 The bill before the Senate 8 modifies the Administrative Procedures Act to 9 include the provision of a job impact statement 10 and, by doing that, establishes as state policy 11 the intent of this state to preserve jobs, 12 create employment opportunities, and to make 13 sure that when we're establishing regulations 14 that we consider the impact on employment. 15 This is a direct result of the 16 history that New York State has been through 17 over the last six or eight years with a 18 significant job loss that we've encountered. 19 Many times that has been directly attributed to 20 the decision making of our agencies in the rule 21 making processes and the regulatory 22 implementation. 23 Consequently, we have recommended 6685 1 statutory language on two previous occasions 2 with agreement between both houses in '93 and 3 '94 that unfortunately was vetoed by then 4 Governor Cuomo. We have made the necessary 5 amendments. We have worked with our colleagues 6 in the other house to incorporate this in 7 statute to ensure that we have a clear 8 delineation of impacts as it relates to job 9 creation. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PATERSON: Mr. President, 13 if the sponsor will yield for a question. 14 ACTING PRESIDENT KUHL: Senator 15 Wright, do you yield to a question? 16 SENATOR WRIGHT: I will. 17 ACTING PRESIDENT KUHL: The 18 Senator yields. 19 SENATOR PATERSON: Senator 20 Wright, what I am having trouble understanding 21 is, how will this benefit New York State 22 residents? I guess presumably the answer would 23 be that it would save jobs if the agency was 6686 1 prescribing a regulation that would hurt the 2 market more by causing people to lose jobs than 3 whatever was the administrative duty that was 4 being corrected. 5 SENATOR WRIGHT: That is correct, 6 Senator. The intent is to ensure that there is 7 a very specific acknowledgment of the impact on 8 jobs, that there is a very specific discussion 9 of the effect that that proposed regulation will 10 have and, more importantly, that there is a 11 conscious public awareness through the rule 12 making process so that can be evaluated as part 13 of the rule-making process. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson. 16 SENATOR PATERSON: Senator, if 17 you will continue to yield. 18 ACTING PRESIDENT KUHL: Senator 19 Wright, do you continue to yield? 20 SENATOR WRIGHT: I will, Mr. 21 President. 22 ACTING PRESIDENT KUHL: The 23 Senator continues to yield. 6687 1 SENATOR PATERSON: Isn't it 2 likely that the type of data that would be used 3 for an analysis to determine that the jobs 4 impact would -- how severe that would be might 5 in many respects be somewhat biased, not because 6 of an actual bias but because of the skewed 7 nature of the report, being that many of the 8 statistics are going to come from those who 9 would benefit more by the maintenance of certain 10 jobs? So that, theoretically, if there was a 11 very serious regulation that was coming down and 12 -- let's give an example of something that 13 wouldn't have anything to do with the state. 14 Let's say that there was a 15 regulation about tobacco, but you are getting 16 your statistics from the industry. 17 Theoretically, you are losing jobs, but we're 18 also losing lives. That's one of the reasons 19 the agency would establish the regulation. 20 So I guess my question is, aren't 21 we adding another layer to government? In other 22 words, if there is a problem with the agencies, 23 then why don't we make the correction right 6688 1 within the agency itself? But to add this 2 additional encumbrance on the agency I just 3 think is top heavy and is going to create an 4 inexorable delay in regulations that are being 5 promulgated for the good of our state and our 6 citizens. 7 And so my question to you is, 8 don't you think it's possible that this law if 9 passed could create that circumstance? 10 SENATOR WRIGHT: No, I don't, 11 Senator. In terms of the theoretical situation 12 that you articulate, first of all, this does not 13 prohibit implementation of a regulation but 14 requires that the information be made available 15 and that everyone is aware of the job impact so 16 that there is a conscious decision-making, but 17 it doesn't preclude that there may well be a 18 regulation that has inherent or significant 19 health and safety implications that override the 20 job implication. But what it does assure is 21 that there is a conscious assessment of the cost 22 versus the benefit, in this case jobs, before we 23 make that decision. 6689 1 ACTING PRESIDENT KUHL: Senator 2 Paterson. 3 SENATOR PATERSON: Thank you, Mr. 4 President, and thank you, Senator Wright, for 5 your responses. 6 Mr. President, on the bill. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson, on the bill. 9 SENATOR PATERSON: I kind of had 10 the feeling that Senator Wright was not going to 11 agree with me that there would be in a sense a 12 chilling effect on the adoption of regulations. 13 I understand his desire to add 14 protections to our work force in the state, and 15 so it's really just a -- I think a fair-minded 16 disagreement. It's just a feeling that I want 17 to aver here that the establishment of 18 regulations is something that does not need to 19 be impeded nor do we want to add time to the 20 process and in any way obfuscate the merit of 21 regulations that need to be changed. 22 I think perhaps there is a 23 sentiment in this chamber that, at times, we 6690 1 have overregulated, but I would hope that we 2 would not allow the pendulum to move too far in 3 the other direction, as I think we would in this 4 case, where the regulators for fear of moving 5 through hoops would just really not find the 6 value in establishing needed regulations that 7 citizens of this state certainly would require. 8 SENATOR LEICHTER: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Leichter. 11 SENATOR LEICHTER: Mr. President, 12 I think Senator Paterson, as always, got to the 13 heart of the issue. I just want, if I may, to 14 try to elaborate a little bit on it and try to 15 point out what I think is an imbalance in this 16 bill. 17 As I read this bill, Senator 18 Wright, the Commissioner of Labor and the 19 Commissioner of Economic Development can, in 20 effect, send a rule or proposed rule after they 21 review the job impact statement back for further 22 review. I think it's 90 days that they can hold 23 up this rule. 6691 1 And while, Senator, we all agree 2 with you, jobs are terribly important, economic 3 development is terribly important, but equally 4 important is the health of New Yorkers. It's 5 equally important that we have clean air, that 6 we have clean water, that rules that are made by 7 the Health Department, by the Department of 8 Environmental Conservation, deserve equal 9 respect. 10 I mean I think it's interesting 11 that, for instance, you don't provide that there 12 ought to be a health impact statement on every 13 rule that's made. Maybe we ought to have a 14 health impact statement and you want to give the 15 Commissioner of Health the power to hold up for 16 90 days rules that are made by the Department of 17 Labor or the Department of Economic Development; 18 or are you going to say to us, "Wait a second, 19 health is unimportant"? But that's really what 20 you are saying. 21 We know what's driving this 22 bill. It's that many of you chafe under the 23 regulations, mainly environmental regulations. 6692 1 Let me just tell you, Senator Wright, the 2 American people and I think the people of New 3 York don't agree with you. They want clean 4 air. They want clean water. They don't want to 5 live near toxic dumps. They don't want to have 6 pesticides creating cancer risks. 7 And I think the issue is very 8 clearly drawn when you look at this bill between 9 the Democratic approach of trying to preserve 10 the environment, balancing jobs and the 11 environment -- and we can have both -- and those 12 who want to undo the environmental protections 13 that have been built up over the years, just as 14 in Congress, your party, Senator Wright, has 15 tried to dismantle the Clean Air Act, the Clean 16 Water Act, and so on; and what you are trying to 17 do is just put up a lot of road blocks, speed 18 bumps, in the way of regulations that are 19 necessary for the health and the welfare of New 20 Yorkers. 21 I think it's an unfortunate bill. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 6693 1 SENATOR PATERSON: Mr. President. 2 ACTING PRESIDENT KUHL: Yes, 3 Senator Paterson. 4 SENATOR PATERSON: We would like 5 a slow roll call on this. 6 ACTING PRESIDENT KUHL: Are there 7 five members in the chamber who would stand up 8 indicating they want a slow roll call? 9 There are. 10 I direct the Secretary to ring 11 the bells. 12 The Secretary will read the last 13 section. 14 THE SECRETARY: Section 5. This 15 act shall take effect on the 1st day of 16 October. 17 ACTING PRESIDENT KUHL: Call the 18 roll slowly. 19 THE SECRETARY: Senator Abate. 20 SENATOR ABATE: No. 21 THE SECRETARY: Senator Alesi. 22 (There was no response.) 23 Senator Babbush. 6694 1 (There was no response.) 2 Senator Bruno. 3 (Affirmative indication) 4 Senator Connor. 5 (Negative indication) 6 Senator Cook. 7 SENATOR COOK: Yes. 8 THE SECRETARY: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: Yes. 11 THE SECRETARY: Senator DiCarlo. 12 SENATOR DiCARLO: Aye. 13 THE SECRETARY: Senator 14 Dollinger. 15 SENATOR DOLLINGER: No. 16 THE SECRETARY: Senator Espada. 17 (There was no response.) 18 Senator Farley. 19 (There was no response.) 20 Senator Gold. 21 SENATOR GOLD: No. 22 THE SECRETARY: Senator Gonzalez. 23 (There was no response.) 6695 1 Senator Goodman. 2 SENATOR GOODMAN: No. 3 THE SECRETARY: Senator Hannon. 4 SENATOR HANNON: Yes. 5 THE SECRETARY: Senator Hoblock. 6 (There was no response.) 7 Senator Hoffmann. 8 SENATOR HOFFMANN: Yes. 9 THE SECRETARY: Senator Holland. 10 SENATOR HOLLAND: Yes. 11 THE SECRETARY: Senator Johnson. 12 SENATOR JOHNSON: Aye. 13 THE SECRETARY: Senator Kruger. 14 (There was no response.) 15 THE SECRETARY: Senator Kuhl. 16 SENATOR KUHL: Aye. 17 THE SECRETARY: Senator Lachman. 18 (There was no response.) 19 THE SECRETARY: Senator Lack. 20 (There was no response.) 21 Senator Larkin. 22 (There was no response.) 23 Senator LaValle. 6696 1 SENATOR LAVALLE: No. 2 THE SECRETARY: Senator Leibell. 3 (There was no response.) 4 THE SECRETARY: Senator Leichter. 5 SENATOR LEICHTER: No. 6 THE SECRETARY: Senator Levy. 7 (There was no response.) 8 Senator Libous. 9 SENATOR LIBOUS: Aye. 10 THE SECRETARY: Senator Maltese. 11 (There was no response.) 12 Senator Marcellino. 13 SENATOR MARCELLINO: Aye. 14 THE SECRETARY: Senator Marchi. 15 SENATOR MARCHI: Aye. 16 THE SECRETARY: Senator 17 Markowitz. 18 SENATOR MARKOWITZ: No. 19 THE SECRETARY: Senator Maziarz. 20 (There was no response.) 21 Senator Mendez. 22 (There was no response.) 23 Senator Montgomery. 6697 1 SENATOR MONTGOMERY: No. 2 THE SECRETARY: Senator Nanula. 3 SENATOR NANULA: No. 4 THE SECRETARY: Senator Nozzolio. 5 SENATOR NOZZOLIO: Aye. 6 THE SECRETARY: Senator Onorato. 7 SENATOR ONORATO: No. 8 THE SECRETARY: Senator 9 Oppenheimer. 10 SENATOR OPPENHEIMER: No. 11 THE SECRETARY: Senator Padavan. 12 SENATOR PADAVAN: Aye. 13 THE SECRETARY: Senator Paterson. 14 SENATOR PATERSON: No. 15 THE SECRETARY: Senator Present. 16 SENATOR PRESENT: Aye. 17 THE SECRETARY: Senator Rath. 18 SENATOR RATH: Aye. 19 THE SECRETARY: Senator Saland. 20 SENATOR SALAND: Aye. 21 THE SECRETARY: Senator Santiago. 22 SENATOR SANTIAGO: No. 23 THE SECRETARY: Senator Seabrook. 6698 1 SENATOR SEABROOK: No. 2 THE SECRETARY: Senator Sears. 3 (There was no response.) 4 Senator Seward. 5 SENATOR SEWARD: Yes. 6 THE SECRETARY: Senator Skelos. 7 (There was no response.) 8 Senator Smith. 9 SENATOR SMITH: No. 10 THE SECRETARY: Senator Spano. 11 (There was no response.) 12 Senator Stachowski. 13 SENATOR STACHOWSKI: No. 14 THE SECRETARY: Senator Stafford. 15 SENATOR STAFFORD: Aye. 16 THE SECRETARY: Senator Stavisky, 17 excused. 18 Senator Trunzo. 19 SENATOR TRUNZO: Aye. 20 THE SECRETARY: Senator Tully. 21 (There was no response.) 22 Senator Velella. 23 (Affirmative indication) 6699 1 Senator Volker. 2 SENATOR VOLKER: Yes. 3 THE SECRETARY: Senator Waldon. 4 (There was no response.) 5 Senator Wright. 6 SENATOR WRIGHT: Mr. President, 7 to explain my vote. 8 ACTING PRESIDENT KUHL: Senator 9 Wright, to explain his vote. 10 SENATOR WRIGHT: Thank you, Mr. 11 President. 12 I'd like to clarify a couple of 13 points because in the debate great length was 14 taken to try to portray this as an anti-health, 15 anti-environment. In fact, I think it was 16 portrayed as anti-almost everything in the 17 description of what this bill does and, in fact, 18 nothing could be further from the truth. 19 First of all, the bill does not 20 prohibit anything from happening. Secondly, the 21 bill does not prohibit the adoption of health, 22 safety and other appropriate considerations in 23 regulation and authority. Thirdly, what the 6700 1 bill specifically does is simply says pay 2 attention to what you're doing to jobs, and if, 3 in fact, a regulation is going to have a 4 significant impact -- and by that, that's 5 defined as 100 jobs where a $1 million impact - 6 ACTING PRESIDENT KUHL: Senator 7 Wright, excuse me just a minute. 8 SENATOR WRIGHT: Thank you, Mr. 9 President. 10 ACTING PRESIDENT KUHL: I don't 11 know how anybody could hear you, even yourself 12 hear yourself think with all the noise that's in 13 here. 14 Thank you for the interruption, 15 Senator Wright. 16 SENATOR WRIGHT: Thank you, Mr. 17 President. 18 The point being it is a question 19 of having significant job impact and ensuring 20 that the bureaucrats in the agency are conscious 21 of that impact because I believe that, yes, 22 people want clean air and, yes, people want 23 clean water, but they also don't want to 6701 1 sacrifice their jobs, and they would hope that 2 within the public decision-making that goes on, 3 that at least the importance of their jobs are 4 given equal and dual consideration. That's what 5 this bill does. 6 This bill also has a very 7 specific emergency provision that delays and 8 defers the job impact. So if, in fact, there is 9 a significant environmental impact; if, in fact, 10 there is a significant health impact then, in 11 fact, you can proceed with the rule-making 12 process. This bill does not affect it. 13 I guess the most gross 14 overstatement that I would portray utilized in 15 the debate was trying to draw partisan 16 distinctions on the intent of this bill. 17 I would point out to my 18 colleagues this bill, in fact, has passed in 19 various forms in this house on three separate 20 occasions. It has done likewise in the, quote, 21 "Democrat" Assembly, and the bill that we have 22 before us has been adopted by the Majority in 23 the Assembly. So I don't believe we have a 6702 1 partisan issue before us. We all share a 2 concern about jobs. We all can share a concern 3 that jobs will be reflected. 4 I think it's important that we 5 recognize, in fact, what this bill does, not 6 what its opponents try to spin it as doing. 7 Thank you, Mr. President. I vote 8 in the affirmative. 9 ACTING PRESIDENT KUHL: Senator 10 Wright will be recorded in the affirmative. 11 Call the absentees. 12 THE SECRETARY: Senator Babbush. 13 (There was no response.) 14 Senator Espada. 15 (There was no response.) 16 Senator Farley. 17 SENATOR FARLEY: Aye. 18 THE SECRETARY: Senator Gonzalez. 19 (There was no response.) 20 Senator Hoblock. 21 SENATOR HOBLOCK: Yes. 22 THE SECRETARY: Senator Kruger. 23 SENATOR KRUGER: No. 6703 1 THE SECRETARY: Senator Lachman. 2 SENATOR LACHMAN: No. 3 THE SECRETARY: Senator Lack. 4 SENATOR LACK: Aye. 5 THE SECRETARY: Senator Larkin. 6 SENATOR LARKIN: Aye. 7 THE SECRETARY: Senator Levy. 8 SENATOR LEVY: Aye. 9 THE SECRETARY: Senator Maltese. 10 (There was no response.) 11 Senator Maziarz. 12 SENATOR MAZIARZ: Yes. 13 THE SECRETARY: Senator Mendez. 14 (There was no response.) 15 Senator Sears. 16 SENATOR SEARS: Aye. 17 THE SECRETARY: Senator Skelos. 18 (There was no response.) 19 Senator Spano. 20 SENATOR SPANO: Aye. 21 THE SECRETARY: Senator Tully. 22 SENATOR TULLY: No. 23 THE SECRETARY: Senator Waldon. 6704 1 (Negative indication) 2 ACTING PRESIDENT KUHL: Senator 3 Maltese, how do you vote? 4 SENATOR MALTESE: Aye. 5 ACTING PRESIDENT KUHL: Announce 6 the results. 7 THE SECRETARY: Ayes 33, nays 22. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 The Secretary will continue to 11 call the controversial calendar on Senate 12 Supplemental Calendar Number 1. 13 THE SECRETARY: Calendar Number 14 1276, by Member of the Assembly DiNapoli, 15 Assembly Print 5829-A, an act to amend the 16 Alcoholic Beverage Control Law, in relation to 17 prohibiting the issuance of licenses to sell 18 liquor. 19 ACTING PRESIDENT KUHL: Senator 20 Padavan. 21 SENATOR PADAVAN: Thank you, Mr. 22 President. 23 I want to thank - 6705 1 ACTING PRESIDENT KUHL: Senator 2 Padavan, excuse me just a minute. Could we have 3 the members please take their seats, the staff 4 take their places. Let's quiet it down. 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT KUHL: Senator 7 Gold, why do you rise? 8 SENATOR GOLD: Yeah. With all 9 due respect to Senator Padavan, I believe with 10 the bill we just finished, as the roll call was 11 being closed, Senator Mendez walked in the 12 chamber and was seeking attention and we 13 announced the result, and if there was no 14 objection -- we're just there -- to the roll 15 call being open just to let Senator Mendez cast 16 her vote. 17 ACTING PRESIDENT KUHL: Senator 18 Mendez, how were you going to vote? 19 SENATOR MENDEZ: No. 20 ACTING PRESIDENT KUHL: Senator 21 Mendez will be put on the roll call as voting in 22 the negative with the consent of the Majority. 23 SENATOR GOLD: Thank you so much. 6706 1 ACTING PRESIDENT KUHL: You're 2 entirely welcome. Walk a little faster next 3 time, Olga. 4 Senator Padavan, you now have the 5 floor. 6 SENATOR PADAVAN: Thank you, Mr. 7 President. 8 We're dealing with Senator 9 Tully's bill, and I want to thank him and his 10 counsel for explaining certain provisions of it 11 to me and for the dialogue that we've entered 12 into. 13 A number of years ago we passed a 14 bill that is law that's worked out fairly well 15 with certain exceptions. It was discussed 16 earlier in this session involving the siting of 17 on-premises consumption of alcohol in bars. The 18 statute we have in effect says that if you have 19 three bars within 500 feet of each other and an 20 applicant comes along and wants to add a fourth, 21 that the SLA -- no, is this 1276? Yes, it is. 22 ACTING PRESIDENT KUHL: Senator 23 Padavan, we are on Calendar Number 1276. 6707 1 SENATOR PADAVAN: I'm just 2 advising the sponsor. 3 I thank you, Senator Tully, for 4 the explanation that you were kind enough to 5 give me and your counsel earlier. 6 So currently if you're within 7 that 500-foot radius and you're the fourth 8 applicant, the fourth person to want to open up 9 a bar, the SLA must consider that density issue 10 and must consult local government, which in the 11 city of New York would be a community planning 12 board or outside the city, a town, village, 13 small city. If that local government says for 14 the public interest and for some valid reasons, 15 we have no objections, the SLA can and has been 16 issuing that license. So it's not an ironclad 17 prohibition by any means. 18 As a matter of fact, in some 19 cases the SLA has issued licenses over the 20 objections of local government when they felt in 21 their judgment it was in the public interest. 22 Now, what about the bill before 23 us? The bill before us does not affect the city 6708 1 of New York. What it effectively does -- and 2 that's why I had to understand it more clearly 3 with Senator Tully's help -- what it effectively 4 does, it says if you are a village or town of 5 under 20,000 people, there is no restriction. 6 Now, I'm saying that loudly so 7 all of you in this chamber who have towns and 8 villages in your district that have a population 9 of under 20,000 will have to understand clearly 10 that if this became law, there would be no 11 restriction based on density in those villages 12 and small cities throughout the state. 13 Now, I think there's a better way 14 to do this, and I would urge Senator Tully to 15 consider it. Already in effect, to re-emphasize 16 the point I made earlier, any jurisdiction can 17 propose that the 500 rule not be applied, and 18 that is already in effect, and I understand the 19 particular area that Senator Tully is concerned 20 about, and they have that opportunity. 21 Now, the fact that they may not 22 want to be bothered with that opportunity in 23 that particular instance really shouldn't place 6709 1 a burden on every other town, village throughout 2 the state of New York where there might be a 3 problem, and they do exist, and so I'm simply 4 rising to express my view on the bill with due 5 deference to the sponsor and his motivation - 6 which I think is of the highest in terms of 7 responding to a community need -- that we do 8 have a problem here that we must acknowledge in 9 dealing with this bill. 10 ACTING PRESIDENT KUHL: Is there 11 any other Senator wishing to speak on the bill? 12 Senator Abate. 13 SENATOR ABATE: Yes. I would - 14 on the bill -- would like to join Senator 15 Padavan. My understanding of the 500-foot rule, 16 it's a discretionary rule. It's an opportunity 17 for communities, no matter what size they are, 18 to have a voice before the SLA when they feel 19 there's been over-saturation, there are too many 20 bars or discos and restaurants within 500 feet 21 of each other. It's still within the discretion 22 of the State Liquor Authority to determine what 23 is in the public interests of that community, 6710 1 but it's a vital opportunity for the community 2 to be heard, their concerns to be addressed, and 3 I believe we would be doing a disservice to 4 communities throughout the state if we took away 5 this opportunity for review. Again, it's 6 discretionary. 7 The SLA, in many instances -- I 8 know in New York City where communities have 9 voiced over-saturation, have talked about too 10 much vehicular/pedestrian traffic, too much 11 noise, et cetera, the SLA has still ruled 12 because it's within their wisdom and discretion 13 to say it's still within the public interests 14 because the bar/restaurant creates jobs, to 15 overlook the 500-foot rule. 16 So I think it's an important 17 vehicle for community input and review, and I 18 think we should move very cautiously before we 19 take the 500-foot mechanism away from any 20 community, regardless of what their size is. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last -- excuse me. 23 Senator Tully. 6711 1 SENATOR TULLY: Mr. President, to 2 explain my vote. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT KUHL: Senator 11 Tully, to explain his vote. 12 SENATOR TULLY: In the interest 13 of clarity, Mr. President, this bill is an 14 agreed-upon bill. Assemblyman DiNapoli 15 sponsored it in the other house. It's already 16 passed that house. It passed the Senate last 17 year but it had 50,000 as a limit. Now it's 18 down to 20,000. The communities who requested 19 this, a part of the Great Neck Peninsula - 20 there are nine villages in that area -- they're 21 extremely intelligent people. They're very well 22 versed in the planning mechanism, and this is a 23 home rule bill. 6712 1 As a former local legislator 2 myself, I know how important it is for local 3 planning boards to have the first input. This 4 bill gives them the power to decide whether or 5 not they do want some development of commercial 6 space in the limited area that they have. It 7 gives them the power that they desire, and I ask 8 all of the members to join me in supporting it. 9 ACTING PRESIDENT KUHL: Senator 10 Hoffmann to explain her vote. 11 Senator Hoffmann waives. 12 Senator Dollinger to explain his 13 vote. 14 SENATOR DOLLINGER: Mr. 15 President, I'll be brief. I agree with Senator 16 Padavan and Senator Abate. I'm concerned about 17 the over-concentration of these establishments 18 any place in New York, and I think that's 19 something that before we take away the SLA's 20 power to restrict those, we ought to look at it 21 very carefully, and although it may be an 22 agreed-upon bill, at least from my point of 23 view, it doesn't seem to make -- to be a good 6713 1 idea for the people of this entire state. 2 So I'll be voting in the 3 negative, Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Dollinger will be recorded in the negative. 6 Announce the results when 7 tabulated. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1276: Senators 10 Abate, Cook, Dollinger, Holland, LaValle, 11 Montgomery, Onorato, Padavan, Smith and 12 Stachowski. Also, Senator Kruger, Senator 13 Lachman, Senator Paterson. Also, Senator 14 Saland. Ayes 45, nays 14. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 could we return to reports of standing 20 committees. I believe there's a report of the 21 Finance Committee at the desk. 22 ACTING PRESIDENT KUHL: We will 23 return to the reports of standing committees. 6714 1 There is a Senate Finance Committee report at 2 the desk. 3 The Secretary will read. 4 THE SECRETARY: Senator Stafford, 5 from the Committee on Finance, offers up the 6 following bill directly for third reading: 7 Senate Print 7686, by the 8 Committee on Rules, an act making appropriations 9 for the support of government. 10 ACTING PRESIDENT KUHL: Senator 11 Present. 12 SENATOR PRESENT: I move we 13 accept the report of the Finance Committee. 14 ACTING PRESIDENT KUHL: The 15 motion is to accept the report of the Finance 16 Committee. All those in favor signify by saying 17 aye. 18 (Response of "Aye".) 19 Opposed, nay. 20 (There was no response.) 21 The Finance Committee report is 22 accepted. The bill is ordered directly to third 23 reading. 6715 1 Senator Present. 2 SENATOR PRESENT: Mr. President, 3 could we take up that bill. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the title. 6 THE SECRETARY: Calendar Number 7 1311, by the Committee on Rules, Senate Print 8 7686, an act to make appropriations for the 9 support of government. 10 ACTING PRESIDENT KUHL: Senator 11 Present. 12 SENATOR PRESENT: Mr. President, 13 is there a message of necessity at the desk? 14 ACTING PRESIDENT KUHL: There is 15 a message of necessity and appropriation at the 16 desk, Senator Present. 17 SENATOR PRESENT: I move that we 18 accept both messages. 19 ACTING PRESIDENT KUHL: The 20 motion is to accept both messages of necessity 21 and appropriation which are at the desk. All 22 those in favor signify by saying aye. 23 (Response of "Aye".) 6716 1 Opposed, nay. 2 (There was no response.) 3 The messages are accepted. 4 The Secretary will read the last 5 section. 6 ACTING PRESIDENT KUHL: Section 7 8. This act shall take effect April 1st. 8 SENATOR DOLLINGER: May I ask a 9 question? 10 ACTING PRESIDENT KUHL: Senator 11 Dollinger, why do you rise? 12 SENATOR DOLLINGER: Just for an 13 explanation of one portion of this bill. The 14 provider assessment, I don't know who's - 15 ACTING PRESIDENT KUHL: Hold on, 16 Senator Dollinger. 17 Senator -- Senator Stafford, an 18 explanation -- or I question, I should say, has 19 been asked -- or wants to be asked by Senator 20 Dollinger of Calendar Number 1311. Do you yield 21 to Senator Dollinger for a question? The 22 Senator yields. 23 SENATOR STAFFORD: By all means. 6717 1 SENATOR DOLLINGER: Mr. 2 President, through you. This includes the 3 Medicaid provider assessment. Is this the first 4 time that this has appeared in a continuing 5 appropriation bill? 6 SENATOR STAFFORD: Well, I -- I 7 would go back and check and make absolutely 8 sure, but from my recollection, yes. 9 SENATOR DOLLINGER: Through you, 10 Mr. President. Is it retroactive to April 1st? 11 SENATOR STAFFORD: Yes. 12 SENATOR DOLLINGER: Okay. 13 Nothing further, Mr. President. 14 SENATOR STAFFORD: Thank you. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 8. This 18 act shall take effect April 1st, 1995. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 59. 23 ACTING PRESIDENT KUHL: The bill 6718 1 is passed. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 can we take up Calendar 1310, please. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the title to Calendar Number 7 1310. 8 THE SECRETARY: Calendar Number 9 1310, by Senator Trunzo, Senate Print 7685, an 10 act authorizing the payment of supplemental 11 retirement allowances provided by Chapter 119 of 12 the Laws of 1995. 13 ACTING PRESIDENT KUHL: Senator 14 Present. 15 SENATOR PRESENT: Mr. President, 16 is there a message of necessity, a message of 17 appropriation at the desk? 18 ACTING PRESIDENT KUHL: There is 19 a message of necessity at the desk, Senator 20 Present. 21 SENATOR PRESENT: No need for 22 appropriation. 23 ACTING PRESIDENT KUHL: That's 6719 1 correct. 2 SENATOR PRESENT: I move we adopt 3 the message. 4 ACTING PRESIDENT KUHL: The 5 motion is to accept the message of necessity 6 which is at the desk on Calendar Number 1310. 7 All those in favor signify by saying aye. 8 (Response of "Aye".) 9 Opposed, nay. 10 (There was no response.) 11 The message is accepted. 12 The Secretary will read the last 13 section. 14 THE SECRETARY: Section 2. 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 59. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 Senator Present. 23 SENATOR PRESENT: Is there any 6720 1 housekeeping at the desk? 2 ACTING PRESIDENT KUHL: There is 3 nothing at the desk that needs to be done right 4 now, Senator Present. 5 SENATOR PRESENT: Mr. President, 6 there being no further business, I move we 7 adjourn until tomorrow at 10:00 a.m. 8 ACTING PRESIDENT KUHL: Without 9 objection, the Senate stands adjourned until 10 tomorrow, June 6th, at 10:00. I repeat, 10:00 11 a.m. 12 SENATOR BRUNO: Can we just 13 check, Mr. President, some time by 4:00 or 5:00 14 o'clock with the switchboard as to how we 15 proceed, and the potential is that we may not be 16 in session tomorrow. That depends on what is 17 happening with the calendar and the bills that 18 are presently prepared, but our schedule calls 19 for a 10:00 a.m. session tomorrow, according to 20 the schedule that we adopted in January, but 21 check in, if you will, some time by around 4:00 22 o'clock, check in with the switchboard, and they 23 will know whether we will be in at 10:00 a.m. 6721 1 tomorrow or 3:00 p.m. on Monday. 2 ACTING PRESIDENT KUHL: Would it 3 be fair to say that session tomorrow may be 4 adjourned at your call, Senator Bruno, and all 5 the members are to check with the operators by 6 around 4:00 this afternoon? 7 SENATOR BRUNO: Around 4:00 8 o'clock. 9 ACTING PRESIDENT KUHL: Without 10 objection, the Senate stands adjourned. 11 (Whereupon, at 1:55 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23