Friday, June 14, 1996

8359 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 14, 1996 10 10:02 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 8360 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Would everyone please rise and 5 join me in the Pledge of Allegiance. 6 (Whereupon, the Senate and those 7 present joined in the Pledge of Allegiance to 8 the Flag.) 9 The invocation today will be 10 given by Rabbi Gordon Tucker of Temple Israel 11 Center in White Plains. 12 Rabbi Tucker. 13 RABBI GORDON TUCKER: Thank you. 14 When the first human couple 15 walked through the ancient garden, we are told 16 that they heard the voice of God saying to them, 17 "Look at my wonderful garden. Do not destroy 18 or corrupt it, for if you do, there is none to 19 repair it after you." 20 That is and has always been our 21 mandate as human beings, to tend the garden, to 22 see that it is neither corrupted nor destroyed. 23 God's garden is, in the first instance, our 8361 1 Earth which we dare not allow to be destroyed, 2 but God's garden is also our entire society in 3 which we are called to establish order, law, 4 equity and justice. 5 To pray is, first and foremost, 6 to acknowledge our responsibility to care for 7 the garden, to see that God's rivers, God's 8 trees, God's air, are not sullied but also to 9 ensure that all members of our society down to 10 the most vulnerable are cared for and enabled to 11 reach their fulfillment. 12 We are gifted in this country and 13 this state to have democratically elected 14 leaders who acknowledge this responsibility on 15 our behalf. On this day on which we honor our 16 country's flag and in this august chamber, we 17 ask for you, our representatives in the sacred 18 work of tending, and for us all, may we be 19 endowed with intelligence, wisdom and 20 understanding, may God grant us knowledge and 21 discernment so that we may be called each day to 22 renew the work of creation, and may we earn the 23 merit, through You, to be accounted God's 8362 1 partners in creation. 2 Amen. 3 THE PRESIDENT: Thank you, Rabbi 4 Tucker. 5 The reading of the Journal, 6 please. 7 THE SECRETARY: In Senate, 8 Thursday, June 13. The Senate met pursuant to 9 adjournment. The Journal of Wednesday, June 12, 10 was read and approved. On motion, Senate 11 adjourned. 12 THE PRESIDENT: Without 13 objection, the Journal stands approved as read. 14 Presentation of petitions. 15 Messages from the Assembly. 16 Messages from the Governor. 17 Reports of standing committees. 18 Reports of select committees. 19 Communications and reports from 20 state officers. 21 Motions and resolutions. 22 Senator Bruno, we have some 23 substitutions here at the desk. 8363 1 SENATOR BRUNO: Please make the 2 substitutions. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: On page 38, 6 Senator Hoffmann moves to discharge from the 7 Committee on Rules, Assembly Bill Number 9556A, 8 and substitute it for the identical Senate Bill 9 6672A. 10 On page 41, Senator Bruno moves 11 to discharge from the Committee on Rules 12 Assembly Bill 10469 and substitute it for the 13 identical Senate Bill 7740. 14 THE PRESIDENT: Substitutions 15 ordered. 16 Senator DiCarlo? No. 17 Senator Bruno. 18 SENATOR BRUNO: Madam President, 19 I believe that there is a resolution at the 20 desk. Can we at this time read the title, by 21 Senator Larkin, and move for its immediate 22 adoption? 23 THE PRESIDENT: The Secretary 8364 1 will read. 2 THE SECRETARY: By Senator 3 Larkin, Legislative Resolution, commending 4 Dermal Brown of Marlboro High School upon the 5 occasion of his selection as the 14th pick 6 overall in the major league amateur free agent 7 baseball draft. 8 THE PRESIDENT: The question is 9 on the resolution. 10 All in favor, please signify by 11 saying aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 (There was no response.) 15 The resolution is adopted. 16 Senator Bruno, are you ready for 17 the calendar? 18 SENATOR BRUNO: Madam President, 19 on this last day of the regular session, I would 20 like to, in an orderly way, take up the 21 noncontroversial calendar. 22 THE PRESIDENT: The Secretary 23 will read. 8365 1 THE SECRETARY: Calendar Number 2 22, by Senator LaValle, Senate Print 3292B, an 3 act to amend the Education Law, in relation to 4 procedures for standardized testing. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 7. This 8 act shall take effect in 30 days. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 34. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 258, by Senator Saland, Senate Print 2457B, an 16 act to amend the Family Court Act and the 17 Executive Law. 18 THE PRESIDENT: Lay it aside, 19 please. 20 THE SECRETARY: Calendar Number 21 317, by Senator Farley, Senate Print 1378A, an 22 act to amend the Penal Law, in relation to 23 restitution. 8366 1 THE PRESIDENT: Read the last 2 section, please. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first day of 5 November. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 34. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 329, by Senator LaValle, Senate Print 4293D, an 13 act to amend the Civil Rights Law. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 90th day. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 34. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 8367 1 343, by Senator Leibell, Senate Print 6004B, an 2 act to amend the Insurance Law. 3 THE PRESIDENT: Lay it aside, 4 please. 5 THE SECRETARY: Calendar Number 6 482, by Senator Farley, Senate Print 2083B, an 7 act to amend the State Finance Law, in relation 8 to eligible expenditures. 9 THE PRESIDENT: Read the last 10 section, please. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 34. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 490, by Senator Leibell, Senate Print 6134A, an 20 act to amend the Public Authorities Law. 21 THE PRESIDENT: Lay it aside, 22 please. 23 THE SECRETARY: Calendar Number 8368 1 568, by Senator Spano, Senate Print 6146, an act 2 to amend the Vehicle and Traffic Law, in 3 relation to authorizing a residential parking 4 system. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 34. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 529, by Senator Holland, Senate Print 5536C, an 16 act to amend the Real Property Tax Law. 17 THE PRESIDENT: Lay it aside, 18 please. 19 THE SECRETARY: Calendar Number 20 623, by Senator Saland, Senate Print 6028A, an 21 act to amend the Criminal Procedure Law, in 22 relation to mandatory arrests. 23 THE PRESIDENT: Lay it aside, 8369 1 please. 2 THE SECRETARY: Calendar Number 3 643, by Senator Holland, Senate Print 6313A, an 4 act to amend the Social Services Law, in 5 relation to excluded resources for Medicaid. 6 THE PRESIDENT: Lay it aside, 7 please. 8 THE SECRETARY: Calendar Number 9 718, by Senator Libous, Senate Print 6899A, an 10 act to amend the Mental Hygiene Law and the 11 Education Law. 12 THE PRESIDENT: Lay it aside, 13 please. 14 THE SECRETARY: Calendar Number 15 721, by Senator Kuhl, Senate Print 3981A, an act 16 to amend the Agriculture and Markets Law. 17 THE PRESIDENT: Lay it aside, 18 please. 19 THE SECRETARY: Calendar Number 20 749, by Senator DiCarlo, Senate Print 6107A, an 21 act to amend the Executive Law, in relation to 22 display of the flag. 23 THE PRESIDENT: Read the last 8370 1 section, please. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 39. 7 THE PRESIDENT: The bill is 8 passed. 9 SENATOR LEICHTER: Madam 10 President. 11 THE PRESIDENT: Senator. 12 SENATOR LEICHTER: Yes, Madam 13 President. I laid Senator Holland's bill, 14 Calendar 643, aside by mistake. If you want to 15 call that bill, I have no objection to it. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 643, by Senator Holland, Senate Print 6313A, an 20 act to amend the Social Services Law, in 21 relation to excluded resources for Medicaid. 22 THE PRESIDENT: Read the last 23 section, please. 8371 1 THE SECRETARY: Section 4. This 2 act shall take effect January 1. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 39. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 831, by Senator Goodman, Senate Print 6344A, an 10 act to amend the Vehicle and Traffic Law. 11 THE PRESIDENT: Lay it aside, 12 please. 13 THE SECRETARY: Calendar Number 14 840, by Senator Levy, Senate Print 7215A, an act 15 to amend the Public Authorities Law, in relation 16 to adding a nonvoting member to the membership 17 of the Triborough Bridge. 18 THE PRESIDENT: Lay it aside, 19 please. 20 THE SECRETARY: Calendar Number 21 849, by Senator Levy, Senate Print 7363A, an act 22 to amend the Public Authorities Law. 23 THE PRESIDENT: Lay it aside. 8372 1 THE SECRETARY: Calendar Number 2 939, by Senator Rath, Senate Print 7153B, an act 3 to amend the County Law. 4 THE PRESIDENT: Lay it aside. 5 THE SECRETARY: Calendar Number 6 1057, by Senator Lack, Senate Print 4995B, an 7 act to amend the Surrogate's Court Procedure 8 Act, in relation to increasing the limits of a 9 small estate. 10 THE PRESIDENT: Lay it aside, 11 please. 12 THE SECRETARY: Calendar Number 13 1062, by Senator Skelos, Senate Print 6561A, an 14 act to amend the Tax Law, in relation to the 15 transfer of the stock of a cooperative housing 16 corporation. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 5. This 20 act shall take effect January 1. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 39. 8373 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1069, by Senator Maziarz, Senate Print 7432A, an 5 act to amend the Executive Law and the 6 Environmental Conservation Law. 7 THE PRESIDENT: Read the last 8 section, please. 9 THE SECRETARY: Section 3. This 10 act shall take effect January 1. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 42. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1161, by Senator Hoblock, Senate Print 7083B, an 18 act to amend the Vehicle and Traffic Law. 19 THE PRESIDENT: Lay it aside, 20 please. 21 THE SECRETARY: Calendar Number 22 1180, by Senator Larkin, Senate Print 5786A, an 23 act to amend the Not-For-Profit Corporation Law. 8374 1 THE PRESIDENT: Lay it aside, 2 please. 3 THE SECRETARY: Calendar Number 4 1379, by Senator Spano, Senate Print 6575A, an 5 act to amend the Labor Law and the Tax Law. 6 THE PRESIDENT: Lay it aside, 7 please. 8 THE SECRETARY: Calendar Number 9 1483, by Senator Hoblock, Senate Print 5747A, an 10 act to amend the Education Law, in relation to 11 property of the State Museum. 12 THE PRESIDENT: Read the last 13 section, please. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 60th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 42. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1496, by Senator Hannon, Senate Print 7580, an 23 act to amend the Emergency Tenant Protection Act 8375 1 of 1974. 2 SENATOR PATERSON: Lay it aside. 3 THE PRESIDENT: Lay it aside, 4 please. 5 THE SECRETARY: Calendar Number 6 1498, by Senator Kuhl, Senate Print 7591A, an 7 act in relation to authorizing the city of 8 Canandaigua, county of Ontario to exchange and 9 convey certain parklands. 10 THE PRESIDENT: There is a home 11 rule message at the desk. 12 THE PRESIDENT: Read the last 13 section, please. 14 THE SECRETARY: Section 5. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 43. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1503, by Senator Nanula, Senate Print 6579B, an 23 act granting certain retirement service credit. 8376 1 THE PRESIDENT: Read the last 2 section, please. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 44. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 1520, by Senator LaValle, Senate Print 7709A, an 12 act to amend the Local Finance Law, in relation 13 to the issuance of land installment purchases. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 44. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 8377 1 1527, by Senator Stachowski, Senate Print 1672A, 2 an act directing the Commissioner of the 3 Division of Criminal Justice. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 44. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1532, by Senator Skelos, Senate Print 4842A, an 15 act to amend the Civil Practice Law and Rules, 16 in relation to objections to service of process. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 3. This 20 act shall take effect January 1. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 44. 8378 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1533, by Senator Tully, Senate Print 4908A, an 5 act to authorize the county of Nassau. 6 THE PRESIDENT: Lay it aside. 7 THE SECRETARY: Calendar Number 8 1543, by Senator Hoblock, Senate Print 7726, an 9 act to amend Chapter 30 of the Laws of 1996. 10 THE PRESIDENT: Read the last 11 section, please. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 44. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1544, by Senator Hoblock, Senate Print 7738, an 21 act to amend the Civil Service Law, in relation 22 to disciplinary action against a member. 23 THE PRESIDENT: Read the last 8379 1 section, please. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 SENATOR LEICHTER: Lay it aside. 5 THE PRESIDENT: Lay it aside, 6 please. 7 THE SECRETARY: Calendar Number 8 1550, by Senator Skelos, Senate Print 6034B, an 9 act to amend the Navigation Law. 10 THE PRESIDENT: Read the last 11 section, please. 12 THE SECRETARY: Section 6. This 13 act shall take effect on the 30th day. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 42, nays 2. 17 Senators Kuhl and Wright recorded in the 18 negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1551, by Senator DeFrancisco, Senate Print 23 6053A, an act to amend the Public Health Law, in 8380 1 relation to establishing an adoption medical 2 information sub-registry. 3 THE PRESIDENT: Read the last 4 section, please. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the 120th day. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 44. 10 THE PRESIDENT: The bill is 11 passed. 12 Senator DeFrancisco. 13 SENATOR DeFRANCISCO: I would 14 like to explain my vote. 15 Basically, what this bill does - 16 and I think it's important for everybody in the 17 chamber to realize this because the public 18 information is extremely important to make this 19 work. Basically, if you're an adoptee 20 presently, there's virtually no way that you can 21 have updated medical information about your 22 natural parent. What this bill does is it 23 provides a process by which an adoptee can 8381 1 obtain information from the registry that's 2 currently in existence as to the medical history 3 of the natural parent since the time of the 4 adoption. 5 Many times, the person -- the 6 natural parent is a young woman with very little 7 medical history, so the initial medical history 8 might not make any sense or it might not have 9 any valuable information. However, over time, 10 more information is gathered and a natural 11 parent through this bill once it becomes law can 12 voluntarily provide that information to the 13 adoption registry and still maintain that 14 person's confidential information, can still 15 maintain the anonymity, and not disclose who the 16 natural parent is. 17 So it's an extremely important 18 bill that will only succeed if everyone becomes 19 aware of it being in existence because it 20 depends upon the voluntary provision of 21 information to the registry by natural parents 22 so that adoptive children or adopted adults can 23 obtain that information as it becomes known in 8382 1 later years about the natural parent. 2 This bill has a co-sponsor in the 3 Assembly, Assemblywoman Weinstein, and we expect 4 it to pass there and, hopefully, it will become 5 law, and once we get the word out, it will be 6 extremely important to those people who don't 7 know their medical history, don't know what's 8 happened to their natural parents since the date 9 of the adoption, and this will provide valuable 10 information that will give them information to 11 plan whatever medical support that they may need 12 in future years. 13 THE PRESIDENT: Thank you, 14 Senator DeFrancisco. 15 The bill is passed. 16 THE SECRETARY: Calendar number 17 1556, by Senator Hannon, Senate Print 6491A, an 18 act to amend the Criminal Procedure Law. 19 SENATOR STACHOWSKI: Lay it 20 aside. 21 THE PRESIDENT: Lay it aside, 22 please. 23 THE SECRETARY: Calendar Number 8383 1 1562, by Senator Skelos, Senate Print 7195A, an 2 act to amend the Private Housing Finance Law, in 3 relation to allowing limited liability 4 companies. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 9. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 45. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1563, by Senator Saland, Senate Print 7247A, an 16 act in relation to authorizing a special 17 district payment to the town of Poughkeepsie. 18 THE PRESIDENT: There is a local 19 fiscal impact memorandum right here. 20 Read the last section, please. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 8384 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 45. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1566, by Senator Maltese, Senate Print 7507A, an 7 act to amend the Election Law. 8 THE PRESIDENT: Lay it aside, 9 please. 10 THE SECRETARY: Calendar Number 11 1569, by Senator Onorato, Senate Print 7797, an 12 act to amend the Civil Practice Law and Rules, 13 in relation to fees for referees. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 45. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 8385 1 1571, by Senator Stavisky, Senate Print 2302, an 2 act to amend the Penal Law, in relation to 3 penalties for criminal solicitation. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 8. This 7 act shall take effect on the first day of 8 November. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 45. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1572, by Senator Hoblock, Senate Print 3867C, an 16 act authorizing the town of Colonie. 17 THE PRESIDENT: Lay it aside, 18 please. 19 THE SECRETARY: Calendar Number 20 1573, by Senator Hannon, Senate Print 6393A, an 21 act to amend the Social Services Law, in 22 relation to limiting the method of payment. 23 SENATOR GOLD: Lay it aside. 8386 1 THE PRESIDENT: Lay it aside, 2 please. 3 THE SECRETARY: On page 38, 4 Senator Hoffmann moves to discharge from the 5 Committee on Rules Assembly Bill Number 9556A 6 and substitute it for identical Senate Bill 7 6672A. 8 THE PRESIDENT: Substitution 9 ordered. Secretary will read. 10 THE SECRETARY: Calendar Number 11 1574, by Member of the Assembly Magee, Assembly 12 Print 9556A, an act to authorize payment of 13 transportation aid. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 45. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 8387 1 1575, by Senator Larkin, Senate Print 7503, an 2 act to amend the Highway Law, in relation to 3 designating a portion of the state highway 4 system. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 45. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1576, by Senator Tully, Senate Print 7558A, an 16 act to authorize the payment of transportation 17 aid. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 8388 1 THE SECRETARY: Ayes 45. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1577, by Senator Wright, Senate Print 7584A, an 6 act to amend the Alcoholic Beverage Control Law. 7 THE PRESIDENT: Lay it aside, 8 please. 9 THE SECRETARY: Calendar Number 10 1578, by Senator Spano, Senate Print 7588, an 11 act to amend the Administrative Code of the City 12 of New York, in relation to the participation of 13 part-time employees. 14 THE PRESIDENT: There is a home 15 rule message at the desk. 16 Read the last section, please. 17 THE SECRETARY: Section 6. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 45. 22 THE PRESIDENT: The bill is 23 passed. 8389 1 THE SECRETARY: Calendar Number 2 1579, by Senator Hannon, Senate Print 7602, an 3 act to amend the Education Law. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect July 1. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 45. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1580, by Senator Rath, Senate Print 7603A, an 15 act to authorize the trustees of the State 16 University of New York. 17 SENATOR STACHOWSKI: Lay it 18 aside. 19 THE PRESIDENT: Lay it aside, 20 please. 21 THE SECRETARY: Calendar Number 22 1581, by Senator Saland, Senate Print 7647A, an 23 act to amend the Mental Hygiene Law. 8390 1 THE PRESIDENT: Lay it aside, 2 please. 3 THE SECRETARY: Calendar Number 4 1582, by Senator Leibell, Senate Print 7660A, an 5 act to amend Chapter 915 of the Laws of 1982. 6 SENATOR LEICHTER: Lay it aside. 7 THE PRESIDENT: Lay it aside. 8 THE SECRETARY: Calendar Number 9 1583, by Senator Wright, Senate Print 7665, an 10 act to legalize, ratify and confirm the acts and 11 proceedings of the board of education. 12 THE PRESIDENT: Read the last 13 section, please. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 45. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1584, by Senator Wright, Senate Print 7666, an 23 act to reopen the special retirement plan. 8391 1 THE PRESIDENT: There is a home 2 rule message at the desk. 3 Read the last section, please. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 45. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1586, by Senator Trunzo, Senate Print 7676, an 13 act in relation to terms and conditions of 14 employment. 15 THE PRESIDENT: Read the last 16 section, please. 17 THE SECRETARY: Section 8. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 45. 22 THE PRESIDENT: The bill is 23 passed. 8392 1 THE SECRETARY: Calendar Number 2 1587, by Senator Johnson, Senate Print 7716, an 3 act to amend Chapter 161 of the Laws of 1995. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 45. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1588, by Senator Velella, Senate Print 7717, an 15 act to amend the Penal Law, in relation to the 16 theft and criminal possession of air bags. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 5. This 20 act shall take effect on the first day of 21 November. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 8393 1 THE SECRETARY: Ayes 45. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1589, by Senator Alesi, Senate Print 7736, an 6 act to amend the Insurance Law, in relation to 7 permitting excess line brokers. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 30th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 45. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1590, substituted earlier today, by the Assembly 19 Committee on Rules, Assembly Print 10469, an act 20 to amend Chapter 483 of the Laws of 1978. 21 THE PRESIDENT: Read the last 22 section, please. 23 THE SECRETARY: Section 2. This 8394 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 45. 5 THE PRESIDENT: The bill is 6 passed. 7 SENATOR GOODMAN: Madam 8 President. 9 THE PRESIDENT: Senator Goodman. 10 SENATOR GOODMAN: Yes. May I 11 please, with unanimous consent, be recorded in 12 the negative on Calendar 1578, which passed a 13 few moments ago. 14 THE PRESIDENT: Without 15 objection. 16 Senator Levy. 17 SENATOR LEVY: Yes, Madam 18 President. I would like to announce that there 19 will be a meeting of the Senate Transportation 20 Committee at 10:45 in Room 123. It was 21 previously announced but the location and time 22 were not set, so we're setting it for 10:45, 23 Room 123. 8395 1 THE PRESIDENT: Thank you. There 2 will be a meeting of the Senate Transportation 3 Committee in Room 123 at 10:45. 4 Senator Farley. 5 SENATOR FARLEY: Can I be 6 recorded in the negative on Calendar Number 7 1550? 8 THE PRESIDENT: Without 9 objection. 10 THE SECRETARY: Calendar Number 11 1591, by Senator Volker, Senate Print 7765, an 12 act to authorize employees of the Department of 13 Health facilities. 14 ACTING PRESIDENT KUHL: Read the 15 last section, please. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 Record the negatives. Announce 22 the results when tabulated. 23 THE SECRETARY: Ayes 45. 8396 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1592, by Senator Sears, Senate Print 7771, an 5 act to legalize, validate and ratify. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 SENATOR DiCARLO: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 DiCarlo, why do you rise? 11 SENATOR DiCARLO: Mr. President, 12 I request unanimous consent to be recorded in 13 the negative on Calendar Number 1550, please. 14 ACTING PRESIDENT KUHL: Without 15 objection, hearing no objection, Senator DiCarlo 16 will be recorded in the negative on Calendar 17 Number 1550. 18 THE SECRETARY: Calendar Number 19 1593, by the Committee on Rules, Senate Print 20 7772, an act to amend Chapter 30 of the Laws of 21 1996. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 8397 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 45. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1594, by the Committee on Rules, Senate Print 11 7783, an act to amend the Racing, Pari-Mutuel 12 Wagering and Breeding Law. 13 SENATOR STACHOWSKI: Lay it 14 aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 1595, by the Committee on Rules, Senate Print 19 7791, an act to amend Chapter 831 of the Laws of 20 1981. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 8398 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 46. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1596, by the Committee on Rules, Senate Print 10 7801, an act to amend the Labor Law, in relation 11 to the garment industry. 12 SENATOR BRUNO: Lay it aside for 13 the day. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside for the day. 16 THE SECRETARY: Calendar Number 17 1597, by the Committee on Rules, Senate Print 18 7802, an act to amend the Administrative Code of 19 the city of New York. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8399 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 46. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1598, by the Committee on Rules, Senate Print 9 7803, an act to amend the Administrative Code of 10 the city of New York, in relation to the powers, 11 duties and responsibilities of the board of 12 trustees. 13 ACTING PRESIDENT KUHL: There is 14 a home rule message at the desk. 15 Secretary will read the last 16 section. 17 THE SECRETARY: Section 9. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 47. 23 ACTING PRESIDENT KUHL: The bill 8400 1 is passed. 2 THE SECRETARY: Calendar Number 3 1599, by Senator Seward, Senate Print 7826, an 4 act to amend the Public Service Law. 5 ACTING PRESIDENT KUHL: The bill 6 is high. Lay the bill aside. 7 THE SECRETARY: Calendar Number 8 1600, by Senator Seward, Senate Print 7827, an 9 act to amend the Public Service Law. 10 ACTING PRESIDENT KUHL: The bill 11 is high. Lay the bill aside. 12 Senator Bruno, that completes the 13 reading of the noncontroversial calendar. 14 What's your pleasure? 15 SENATOR MARKOWITZ: Mr. 16 President, if I may. 17 ACTING PRESIDENT KUHL: Senator 18 Markowitz, why do you rise? 19 SENATOR MARKOWITZ: With the 20 permission of the Senate, I would like to be 21 recorded in the negative on yesterday's Calendar 22 Numbers 1000, 1479 and 1538, and to thank my 23 colleague, Senator Paterson, for offering some 8401 1 comments on my behalf on Calendar 1479 2 yesterday. 3 Thank you. 4 ACTING PRESIDENT KUHL: Senator 5 Markowitz, the record will reflect that had you 6 been here yesterday when the roll calls were 7 taken on Calendar Number 1479 and also on 8 Calendar Number 1538 that you would have voted 9 in the negative, and also Calendar Number 1000. 10 SENATOR MARKOWITZ: Thank you. 11 ACTING PRESIDENT KUHL: Senator 12 Maziarz, why do you rise? 13 SENATOR MAZIARZ: Thank you, Mr. 14 President. I would like unanimous consent to be 15 recorded in the negative on Calendar Number 16 1550, please. 17 ACTING PRESIDENT KUHL: Without 18 objection, hearing no objection, Senator Maziarz 19 will be recorded in the negative on Calendar 20 Number 1550. 21 Senator Libous, why do you rise? 22 SENATOR LIBOUS: Thank you, Mr. 23 President. If I may have unanimous 8402 1 consideration to be recorded in the negative on 2 1566. 3 ACTING PRESIDENT KUHL: Without 4 objection, and hearing no objection, Senator 5 Libous will be recorded in the negative on 6 Calendar Number 1566. 7 Senator Seward, why do you rise? 8 SENATOR SEWARD: I would ask 9 unanimous consent to be recorded in the 10 negative - 11 ACTING PRESIDENT KUHL: May we 12 have a little order in the house, please. 13 SENATOR SEWARD: Mr. President. 14 ACTING PRESIDENT KUHL: Senator 15 Seward, thank you for the interruption. 16 SENATOR SEWARD: Yes, Mr. 17 President. I, too, would like to ask for 18 unanimous consent to be recorded in the negative 19 on Calendar 1550. 20 ACTING PRESIDENT KUHL: Without 21 objection, and hearing no objection, Senator 22 Seward will be recorded in the negative on 23 Calendar Number 1550. 8403 1 Senator Libous, for your 2 information, the bill that you want to be 3 recorded in the negative, the bill was laid 4 aside. It was not acted upon by the house. I 5 thought you would want to know that. 6 SENATOR LIBOUS: Thank you, Mr. 7 President. I just want to be prepared, sir. 8 ACTING PRESIDENT KUHL: It's 9 always good to be prepared. 10 Senator Nozzolio, why do you 11 rise? 12 SENATOR NOZZOLIO: Mr. President, 13 I ask unanimous consent to be recorded in the 14 negative on Calendar Number 1550. 15 ACTING PRESIDENT KUHL: Without 16 objection, and hearing no objection, Senator 17 Nozzolio will be recorded in the negative on 18 Calendar Number 1550. 19 Senator Seabrook, why do you 20 rise? 21 SENATOR SEABROOK: Yes, Mr. 22 President. Yesterday, I was out of the chamber 23 when there was a vote on Senate Bill 1000 and 8404 1 Senate Bill 1479 and Senate Bill 1538 and, for 2 the record, had I been present, I would have 3 voted in the negative on those three bills. 4 ACTING PRESIDENT KUHL: Senator 5 Seabrook, the record will reflect that had you 6 been in the chamber yesterday when the votes 7 were taken on Calendar Numbers 1000, 1479 and 8 1538, that you would have voted in the negative. 9 SENATOR STAFFORD: Mr. President. 10 ACTING PRESIDENT KUHL: Yes. 11 Yes, Senator Stafford. 12 SENATOR STAFFORD: May we please 13 have the report from the Finance Committee 14 concerning the nominations, please. 15 ACTING PRESIDENT KUHL: There is 16 a report of the Senate Finance Committee at the 17 desk. 18 We will return to the order of 19 reports of standing committees. 20 I will ask the Secretary to read. 21 THE SECRETARY: Senator Stafford, 22 from the Committee on Finance, offers up the 23 following nominations: 8405 1 Member of the Public Service 2 Commission, Thomas J. Dunleavy, of New York 3 City. 4 ACTING PRESIDENT KUHL: Senator 5 Stafford. 6 SENATOR STAFFORD: Mr. President, 7 it's a pleasure for me to rise and move the 8 confirmation of Mr. Thomas J. Dunleavy. 9 Mr. Dunleavy has had a 10 distinguished career. As a very young man, he 11 entered the military at 17, went to Korea, saw 12 combat, then went on to Fordham, and then from 13 there had a distinguished and successful career 14 in the communications industry. 15 We think he will bring the 16 energy, the ability, the concern. He appeared 17 before us in the Senate Finance Committee 18 today. There were discussions in depth 19 concerning issues. He showed that he does have 20 a concern. I think he will be an excellent 21 member of the Public Service Commission. 22 Times are changing, and I'm sure 23 that I should have asked -- before I said 8406 1 anything, should have asked the Senator who is 2 Chairman of Energy to comment on this, and I 3 know he will, and I will join with him in 4 supporting the nominee. 5 Senator Seward. 6 ACTING PRESIDENT KUHL: Chair 7 recognizes Senator Seward. 8 SENATOR SEWARD: Yes, Mr. 9 President. Thank you, Senator Stafford. 10 Mr. Dunleavy's nomination comes 11 before us at a time that is of great change, as 12 Senator Stafford alluded to. Only a few weeks 13 ago, the Public Service Commission issued its 14 order on competition, competitive 15 opportunities. It's an order that's going to 16 change the face of the electric utility industry 17 in the state of New York; and earlier this year, 18 the federal government passed a major 19 telecommunications act which once again will 20 serve to create great change in the 21 telecommunication area for us as well. 22 As a member of the Public Service 23 Commission here in New York, with a term to 8407 1 expire in the year 2001, Mr. Dunleavy is going 2 to be right in the middle of all of this and 3 will be playing a major role in formulating of 4 new policies for the very rapidly changing times 5 that we face in both the energy and the 6 telecommunication industry. 7 Mr. Dunleavy has had a wide 8 breadth of experience and has a good working 9 knowledge of these issues that are facing the 10 Public Service Commission. His background is 11 both in the private sector, heading up a number 12 of telecommunications-related companies, but 13 also he has experience in the public sector with 14 the city of New York. 15 His background is particularly 16 geared toward telecommunications, but I believe 17 that that background will serve him well as a 18 model as we move toward more competition in not 19 only the local telephone service but also in the 20 electric utility industry as well. He appeared 21 before our Energy and Telecommunications 22 Committee. We had an excellent discussion. I 23 believe him to be a very well qualified, very 8408 1 sound nominee, very intelligent man, good sense 2 of humor, tremendous integrity, all of the 3 qualities that will serve him well and the 4 people of the state of New York will be well 5 served with Mr. Dunleavy on the Public Service 6 Commission. 7 I'm pleased to join in moving his 8 nomination today. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Tully on the nomination. 11 SENATOR TULLY: Thank you, Mr. 12 President. 13 The nominee is not a constituent 14 of mine, but the commission on which he is going 15 to serve is very significant to the residents of 16 my community. Skyrocketing cost of energy is 17 severely impacting those residents and many of 18 them are seeking other climes and we would like 19 to keep them, and I think the background, 20 training and experience of this particular 21 nominee makes him eminently qualified to serve 22 on the Public Service Commission. 23 I look forward to great things 8409 1 from him. I hope he keeps his sense of humor, 2 and I know that we will be well served, and I'm 3 pleased to second his nomination. 4 ACTING PRESIDENT KUHL: Is there 5 any other Senator wishing to speak on the 6 nomination? 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT KUHL: Senator 9 Gold, on the nomination. 10 SENATOR GOLD: Yes, Mr. 11 President. I want to add a few short words. 12 Mr. Dunleavy really does have a 13 fine background. What impressed me more, to 14 tell you the truth, than his background was his 15 openness and his very apparent willingness to 16 want to learn, to want to participate and, I 17 believe, to want to do the right thing. 18 And I won't kid you. One of the 19 main factors in my vote is his lifelong 20 membership as a Friendly Sons of St. Patrick. I 21 think that is important. But he really is an 22 individual who has earned this appointment, and 23 we look to him for fine things. 8410 1 ACTING PRESIDENT KUHL: Is there 2 any other Senator wishing to speak on the 3 nomination? 4 (There was no response.) 5 Hearing none, the question is on 6 the nomination of Thomas J. Dunleavy of New York 7 City to become a member of the Public Service 8 Commission. 9 All those in favor of the 10 nomination, signify by saying aye. 11 (Response of "Aye.") 12 All those opposed, nay. 13 (There was no response.) 14 The nominee is unanimously 15 confirmed. 16 We're very happy to have Thomas 17 J. Dunleavy with us in the chamber. 18 Mr. Dunleavy, congratulations. 19 (Applause) 20 Secretary will read. 21 THE SECRETARY: Major General, 22 New York Air National Guard, John Hutchins 23 Fenimore V, of Cold Spring. 8411 1 ACTING PRESIDENT KUHL: Chair 2 recognizes Senator Stafford. 3 SENATOR STAFFORD: Mr. 4 President. We today have five very fine 5 nominees before us. It's a pleasure to move 6 General Fenimore's nomination. He, too, has a 7 distinguished career. We are sure that he will 8 continue the fine work that he has done in the 9 military. 10 He has an excellent background, 11 excellent education, a Union College graduate. 12 I can only compliment the Governor, as we have 13 on the previous nomination, and I think we're 14 very, very fortunate to have the General serving 15 our state. 16 ACTING PRESIDENT KUHL: Is there 17 any other Senator wishing to speak on the 18 nomination? 19 Senator Goodman, could you please 20 take your seat, sir. Senator Hoblock is wishing 21 to address the chamber behind you. I could not 22 see him with you standing up. 23 Chair recognizes Senator Hoblock 8412 1 on the nomination. 2 SENATOR HOBLOCK: Thank you, Mr. 3 President. 4 It gives me great pleasure to 5 join with Senator Stafford in moving the 6 nomination for promotion to Major General the 7 name of John Fenimore, who is currently the 8 Adjutant General for New York and is also the 9 Commander of the New York Air National Guard. 10 I have had the opportunity and 11 privilege of working with General Fenimore in my 12 position as Chairman of Veterans and Military 13 Affairs and found him to be not only highly 14 professional and qualified but just a very nice 15 individual, and I think we have made some 16 substantial progress in the short time that we 17 have been able to work together. 18 Without going into detail on his 19 background, I would like to defer to Senator 20 Leibell, which General Fenimore is a 21 constituent, for further word on the nomination. 22 ACTING PRESIDENT KUHL: The Chair 23 recognizes Senator Leibell on the nomination. 8413 1 SENATOR LEIBELL: Thank you, Mr. 2 President. 3 Once again, I'm in a position of 4 complimenting our Governor, George Pataki, for 5 forwarding to this chamber for consideration the 6 nomination of a man who I know is, without 7 question, greatly qualified for the position we 8 are discussing today. 9 I have had the opportunity over 10 some time now to know General Fenimore. He is a 11 man of great competence and great character. We 12 are today considering his appointment for Major 13 General, New York Air National Guard. I think 14 that any of us who look at a position like this 15 would want to say if it was either ourselves or 16 one of our sons or daughters, who would we wish 17 them to be commanded by? And I can tell you 18 without hesitation that I can say clearly that 19 General Fenimore is the sort of person that all 20 of us could feel comfortable with commanding any 21 of our sons and daughters from New York State. 22 He has had a long and 23 distinguished career. A graduate of Union 8414 1 College, he has served long with the Air Force 2 and the Air National Guard. He has served in 3 combat in Vietnam. He has numerous decorations 4 from the Legion of Merit, Meritorious Service 5 Medal, Air Medal, Air Force Commendation Medal, 6 Vietnam Service Medal, Republic of Vietnam 7 Campaign Medal. 8 On May 15, 1991, he was promoted 9 to the rank of Brigadier General. As I noted 10 earlier, I have had the opportunity over some 11 period of time now to meet with General Fenimore 12 and to work with him and to discuss issues that 13 are of concern to this state and especially with 14 respect to our military reserve forces. 15 I am most pleased and greatly 16 honored to have the opportunity to move today 17 the nomination of General Fenimore for the 18 position of Major General. 19 ACTING PRESIDENT KUHL: The Chair 20 recognizes Senator Larkin on the nomination. 21 SENATOR LARKIN: Thank you, Mr. 22 President. 23 I rise to second the nomination 8415 1 of General Fenimore to the rank of Major 2 General. Anyone recognizing the career of 3 General Fenimore truly recognizes that we are 4 nominating someone here today who has gone up 5 the ladder at tremendous -- amount of 6 responsibility varied in combat, noncombat 7 roles, and his commitment to the Guard -- when 8 you talk to the men in the Air Guard, the Army 9 or the Navy who are under his command, they will 10 tell you very clearly that he is an individual 11 truly committed to them as individuals and to 12 see that we in the State of New York have the 13 finest Guard there is. 14 General Fenimore is known as a 15 trooper's trooper and, quite frequently, we find 16 that lacking in individuals who rise to this 17 rank who forget - 18 Thank you, Mr. President. 19 When you start to think about an 20 individual with this responsibility and you find 21 out where the Guard has been going under his 22 leadership -- we have been recognized as a Guard 23 that is trained, available. The actions of this 8416 1 Guard in all of the missions of late -- Somalia, 2 now of Bosnia -- and other humanitarian efforts 3 under his leadership, has gained him the 4 reputation of a truly outstanding commander. 5 I think it serves us well in this 6 state to have an individual of General 7 Fenimore's competence, quality, dignity and 8 leadership to be Major General, AG state of New 9 York. 10 ACTING PRESIDENT KUHL: Is there 11 any other Senator wishing to speak on the 12 nomination? 13 (There was no response.) 14 Hearing none, the question is on 15 the nomination of John Hutchins Fenimore V, of 16 Cold Spring, to become Major General of the New 17 York Air National Guard. 18 All those in favor of the 19 nomination, signify by saying aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (There was no response.) 23 The nominee is unanimously 8417 1 confirmed. 2 We're very happy to have General 3 Fenimore in the chamber with us today. 4 General, welcome and 5 congratulations. 6 (Applause) 7 The Secretary will read. 8 THE SECRETARY: Major General, 9 New York Army National Guard, Robert R. Rose of 10 Brooklyn. 11 ACTING PRESIDENT KUHL: Chair 12 recognizes Senator Stafford. 13 SENATOR STAFFORD: Thank you, Mr. 14 President. 15 Again, as I've mentioned, joining 16 the five nominees this morning is General Rose. 17 I just want to emphasize this. For those of us 18 who have served in the military, many of us have 19 not worn stars. In fact, most of us have not, 20 and I would just say that if you have served as 21 some of us have, you understand just how much it 22 means. We constantly would tell General King 23 that over in the Assembly when he was serving, 8418 1 and he didn't seem to understand. So I'm sure 2 you people do. 3 But on a serious note, again, for 4 the promotion serving the Army National Guard - 5 I might add, a great Guard in this nation. 6 General Rose has an excellent background, 7 excellent education, extremely successful in 8 business and, of course, he's carrying that over 9 into the military, into the Guard, and we're 10 very fortunate to have him serving our state. 11 ACTING PRESIDENT KUHL: Senator 12 Marchi. 13 SENATOR MARCHI: Mr. President, 14 these are very significant nominations that have 15 reached us, both with respect to General 16 Fenimore and General Rose. General Rose lives 17 right across the Narrows from me. I can see his 18 house from my house, although he may not be 19 aware of it. 20 But in any event, he does have a 21 brilliant military record. His capability has 22 been proven time and again, and it's very 23 reassuring, Mr. President, to have someone of 8419 1 his caliber serving the Air Guard. 2 I did spend a small amount of 3 time, not as long as I would have liked, with 4 the Air Guard in duties ranging from serving the 5 DEW line when it was a very important component 6 of our intelligence system to other myriad 7 tasks, the breadth of which really defies the 8 imagination and the knowledge of most people. 9 The Guard does play an integral 10 role in the defense of the United States because 11 it's part of the Total Force Theory, unless that 12 has all been changed. I don't think so. This 13 means that if there is an incident or a 14 requirement -- an urgent requirement that can be 15 benefited by their presence in Bosnia, in the 16 Middle East, in the Far East, anywhere in the 17 world where American interests and world 18 stability is at stake, the Guard does play an 19 integral role, as part of that Total Force 20 Theory and capability which enhances -- which 21 enhances and reassures the world that we are 22 well served in this respect. 23 Combined with that, within the 8420 1 state itself, their mission has been expanded 2 over and over again from natural disasters to 3 other circumstances where their presence is 4 very, very critical and necessary. 5 So we -- I believe Senator Larkin 6 made reference to it. We really have a great 7 Guard. It's a model for the entire nation, and 8 our two distinguished generals -- and, General 9 Rose, you are being confirmed now -- is a very, 10 very important brace of nominations that we are 11 processing here this morning. I can't think of 12 anything comparable in the civil sectors that is 13 of greater importance than the roles that they 14 are covering. 15 So I certainly urge unanimous 16 consideration of this nomination and along with 17 the good wishes and pledge of support when they 18 need it in the future. 19 Thank you, Mr. President. 20 ACTING PRESIDENT KUHL: Is there 21 any other Senator wishing to speak on the 22 nomination? 23 Senator DiCarlo. 8421 1 SENATOR DiCARLO: Thank you, Mr. 2 President. 3 I rise in support of the 4 nomination of Bob Rose -- General Rose. General 5 Rose is a constituent of mine and a friend of 6 mine. He is another example of a Brooklyn boy 7 who's made good, and it's usually those from 8 Brooklyn who excel the most, and Bob Rose is one 9 of those individuals. 10 His professional career has been 11 spoken about. His army career has been spoken 12 about, and I just want to rise to tell you about 13 the man, General Bob Rose. He is a pillar in my 14 community, someone who whenever asked to help 15 out in any circumstance has been there for the 16 community and somebody who we all look up to in 17 our Brooklyn community, and I'm very proud today 18 to be able to second your nomination and your 19 promotion to Major General of the New York Army 20 National Guard. 21 ACTING PRESIDENT KUHL: Senator 22 Maltese, on the nomination. 23 SENATOR MALTESE: Mr. President, 8422 1 I want to join my colleagues in seconding this 2 important nomination. The Army National Guard, 3 as Senator Marchi and others have indicated, is 4 very important to the state and the nation. I'm 5 very pleased that General Rose served as an 6 enlisted man prior to attending officer 7 candidate school and then assuming a great deal 8 of very, very critically important command roles 9 in the course of his career. In addition, not 10 to repeat many of the virtues that have already 11 been extolled and commented upon, he at the same 12 time brings a business background to the 13 administration of the National Guard and, 14 certainly, as Senator DiCarlo has indicated, a 15 community awareness and participation that is 16 important in the role of the National Guard with 17 citizen participation. 18 In addition, of course, he is a 19 family man, and I wish to congratulate General 20 Rose and his family and second the nomination. 21 ACTING PRESIDENT KUHL: Is there 22 any other Senator wishing to speak on the 23 nomination? 8423 1 (There was no response.) 2 Hearing none, the question is on 3 the nomination of Robert R. Rose of Brooklyn to 4 become a Major General of the New York Army 5 National Guard. 6 All those in favor of the 7 nomination, signify by saying aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The nominee is confirmed. 12 We're very pleased to have 13 General Rose in the chamber with us. 14 General, welcome and 15 congratulations. 16 (Applause) 17 The Secretary will read. 18 THE SECRETARY: Members of the 19 Board of Trustees of the City University of New 20 York: John J. Calandra of Pelham, Robert Price 21 of New York City. 22 ACTING PRESIDENT KUHL: Chair 23 recognizes Senator Stafford on the nomination. 8424 1 SENATOR STAFFORD: I move the 2 confirmation, your Honor -- or Mr. President. 3 SENATOR LEICHTER: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Leichter, on the nomination. 6 SENATOR LEICHTER: Yes. May I be 7 heard on the nomination of John Calandra, but 8 since I will oppose it, maybe somebody wishes to 9 speak for the nomination before. 10 SENATOR STAFFORD: I can only say 11 it's an honor, and I want to do this. I just 12 hope some time -- and I say this with all the 13 sincerity that I can muster. I hope some time 14 that somebody, one of my colleagues, will speak 15 of my son or daughter the way I am going to 16 speak about the son of a former colleague of 17 ours. 18 He graduated from Columbia 19 College in 1988 with a 3.7 average, which is 20 good. That's dean's list, if anybody wants to 21 ask about that. He then graduated number 3 out 22 of 187 graduates of Cornell Law School. 23 As a matter of fact, his average 8425 1 again was 3.7, and that's cum laude, for those 2 -- I'm sure everyone knows that, but that's 3 very impressive, very impressive. He then went 4 to work for Kravath, Swaine and Moore. I don't 5 have to tell you about Kravath, Swaine and 6 Moore, do I? And I don't mean to make light of 7 it. 8 I am sincerely impressed with 9 what he has done, and I don't mean to question 10 anybody who wants to raise a question, but he is 11 now litigating with McDermott, Will and Emery. 12 Age has been mentioned. The only 13 point I would make there is that he is exactly 14 the same age as I was when I used to argue with 15 a colleague of ours about -- a colleague of ours 16 about who was younger and who was the youngest 17 person here. As you can see, we used to have 18 silly discussions then, too. 19 But on a serious note, Mr. 20 President, I think John Calandra is of the age 21 when he can make a contribution together with 22 Bob Price, together with others who serve on the 23 board, as was mentioned earlier today, the 8426 1 trustees. 2 And, by the way, I was quite 3 impressed with the trustees. I had -- I hadn't 4 remembered who really is on that board right 5 now, a number of people we have worked with. 6 He certainly has the ability. He 7 is involved in government. He is involved in 8 the political system. I don't think there's 9 anything wrong with that. If anything, I think 10 that's a strength that he is willing to be 11 involved. If anything, not enough people are 12 coming forth and willing to put their name on 13 the line and be out there on the firing line and 14 be willing to take part. 15 I think John Calandra has been a 16 credit to his family, to his community and, 17 indeed, to himself, and I can only compliment 18 the Governor on appointing or nominating John. 19 I would remind him if he was here that, as I was 20 reminded once, the river never rises higher than 21 its source. For those of you -- I think you 22 know I'm speaking of his late dad. 23 With that, Mr. President. 8427 1 ACTING PRESIDENT KUHL: The Chair 2 recognizes Senator Gold on the nomination. 3 SENATOR GOLD: Thank you, Mr. 4 President. 5 Mr. President, at the Finance 6 Committee, I had the opportunity to hear the 7 remarks of Senator Leichter, which I know he has 8 an opinion and I respect Senator Leichter as 9 much as anybody, and I say in all candor I like 10 to consider myself the head of the Franz 11 Leichter fan club. That doesn't mean that Franz 12 and I always have to agree, and in this case we 13 may not agree. 14 I have had the honor of serving 15 under five governors, and I could not look 16 anybody in this chamber in the eye and tell you 17 that Nelson Rockefeller and Malcolm Wilson and 18 George Pataki are a bunch of politicians and 19 Mario Cuomo and Hugh Carey were statesmen. I 20 mean politics is politics. So, to me, the fact 21 that people want to get involved in government 22 for some political reason doesn't bother me, and 23 the Kennedy family, which is certainly not 8428 1 Republican, is an example of people who went in 2 at a young age. 3 I remember, because I was there 4 in the Assembly, when a fellow named Richard 5 Gottfried, I think, had to leave sometimes to go 6 to classes, because I think he was still in law 7 school when he was elected. So I must tell you 8 I am not impressed with an argument that says 9 that a young person should not be in this 10 position. 11 As a matter of fact, while I'm on 12 the youth kick, I don't want to embarrass people 13 who are not here to defend themselves so I will 14 not mention names, but there certainly was one 15 instance of a chancellor in recent years who 16 brought from one of the colleges some very young 17 people who he had known as students in that 18 college, and when he left as chancellor, he 19 "protected", quotes/unquotes, those 20 individuals, and they hold some pretty 21 responsible jobs at CUNY today and some people 22 think they do a good job, some people are 23 critical, but the point is that nobody was 8429 1 screaming, that I heard, too loudly when these 2 very, very young individuals received major 3 assignments at CUNY. 4 But I don't say that John J. 5 Calandra is qualified just because he is young. 6 I think that this young man is entitled to be 7 judged on his record, and I think his scholastic 8 record is excellent. Having said that, let's 9 look at the philosophies here. 10 I know people on that CUNY board 11 and so do other people in this room, and 12 certainly people of the stature of a Stanley 13 Fink. There is Michael Del Giudice, I think 14 still serves. I think Herman Badillo still 15 serves. These are people who we respect. 16 Interestingly enough, while I'm 17 not suggesting that the ends justify the means, 18 sometimes you wonder how, with all of the right 19 ingredients, the end isn't necessarily so 20 terrific, and I have questions about some of the 21 things that go on at CUNY. I have questions 22 about some of the policies, and I have had the 23 opportunity to have lunch with Stanley Fink and 8430 1 talk to him about some things where we disagree 2 on some policy issues. 3 So I say to all of you, what is 4 wrong with taking a younger person who might 5 have a different point of view and shaking up 6 this pot a little bit? Now, I don't think that 7 John J. Calandra, with his background at 8 Columbia and Cornell, is going to be intimidated 9 by these other people. I don't think he is 10 going to have the slightest difficulty sitting 11 at the table with these other people, and I see 12 some advantages. 13 A point was made that he has some 14 political ambition and if -- I look at his 15 taking this job as an acknowledgment that he's 16 not going to win his election, but if he did win 17 the election, he can resign. But I do not think 18 that there is anything improper about this 19 nomination because the individual has political 20 ambition, and I do think that it is exciting for 21 some of us who knew John Calandra, the Senator, 22 and some of us who knew John Calandra, the 23 Assistant United States Attorney, to see that 8431 1 his son is developing in such a wonderful way 2 that John can look down and be very, very proud. 3 So with the greatest respect - 4 and I do not say that in any way but sincerely 5 -- to my colleague Senator Leichter, I am going 6 to vote for John J. Calandra, and I will do it 7 in a very proud way. 8 ACTING PRESIDENT KUHL: Chair 9 recognizes Senator LaValle on the nomination. 10 SENATOR LAVALLE: Thank you, Mr. 11 President. 12 The nominee went through the 13 Higher Education Committee and the members who 14 were present and voting for the nominee did so 15 enthusiastically and, as you have heard, the 16 nominee demonstrated in just a very, very short 17 time a strong intellect, and you could see an 18 enormous amount of energy and willingness to 19 undertake duties and responsibilities as a 20 trustee. 21 John Calandra, there's no doubt 22 about it, is his own person, and he got into and 23 interested in the City University through issues 8432 1 that arose in the last year or two with the 2 Calandra Institute, and I think John Calandra, 3 Jr. demonstrated, as he has in business, that he 4 can carry over those skills as a litigator into 5 the government arena by working with people to 6 resolve issues. 7 And I think what the Governor has 8 done, what Governor Pataki has done in sending 9 down the nominees -- some that we have not yet 10 brought before this house, have not been 11 interviewed by the Higher Education Committee, 12 but it is a panoply of individuals with varying 13 skills, ages, coming from obviously different 14 parts of the city of New York. 15 And so I think that John 16 Calandra, Jr.'s age is a plus in this instance, 17 as has been mentioned, because he can identify 18 with the problems of the students who are in 19 attendance and they can identify with him as a 20 trustee. I think the nominee will make an 21 excellent trustee and continue to bring honor to 22 the name Calandra and public service in this 23 state. 8433 1 ACTING PRESIDENT KUHL: Senator 2 Leichter. 3 SENATOR LEICHTER: Mr. 4 President. 5 Regretfully, I must disagree with 6 my distinguished colleagues who have spoken in 7 favor of this nomination. Let me say, Senator 8 Gold often agrees with me or I agree with him 9 and it's a healthy thing and it shows democracy 10 at work, individual viewpoints, and that's 11 really what we're all about. We would probably 12 benefit if there was more disagreement among 13 people on the same side of the aisle within this 14 chamber, because I think it's healthy to have 15 this exchange of ideas, and I respect the points 16 that he made and the points that Senator LaValle 17 said and Senator Stafford rightly pointed out, 18 that this is a young man with very fine academic 19 credentials, and it pains me in some respects to 20 get up and to oppose somebody who bears what I 21 think is a very distinguished and proud name. 22 I thought John Calandra was 23 terrific. We disagreed on a lot of things, but 8434 1 I think without in any way denigrating anybody 2 else here, this place was a lot of fun with John 3 Calandra and he provided really good service to 4 the people of the state of New York and 5 certainly to his district, and I think it's 6 wonderful to see that his son is building a 7 career for himself, that he has managed to do so 8 well in college and law school, went to work for 9 one of the most prominent law firms in New York, 10 is now with a law firm where one of the partners 11 is a former partner of mine, and he told me, 12 "This is a terrific guy; he is a fine young 13 associate." 14 But wait a second. What are we 15 choosing him for? It's not a matter of youth, 16 that anything is wrong with youth as such, and I 17 say again, this is an exceptionally able young 18 person, but what are you looking for on the 19 board of the City University of New York or the 20 board of the State University of New York. You 21 are looking for somebody who has some experience 22 and status. It's not a criticism of youth to 23 say that you don't have the experience. That 8435 1 is, of course, inevitable, and in some instances 2 it's wonderful to have people who are young. 3 Senator Stafford was elected to this chamber at 4 a young age. Dick Gottfried was barely in his 5 20s, but the voters chose him, and it made sense 6 to those voters to have somebody with that vigor 7 and enthusiasm. 8 But on the board of trustees of a 9 major educational institution, you look to 10 people who have the status, who have the 11 experience, who have the know-how, who have 12 served in government. And who is on that board 13 of trustees? Stanley Fink, former Speaker of 14 the Assembly; Herman Badillo, Congressman, 15 Borough President, Deputy Mayor; you have Jim 16 Murphy, a distinguished banker, somebody that we 17 all know. 18 The next person we're going do 19 nominate is exactly the sort of person we want, 20 Bob Price, former Deputy Mayor, advisor to 21 governors, presidents, investment banker. 22 That's really what you are looking for. 23 And it's no criticism of John 8436 1 Calandra, Jr. to say he doesn't have that 2 experience. How could he at his age? So it's 3 not a matter of youth. It's a matter of whether 4 he can bring the sort of status to the position 5 which it requires. 6 There's another reason that I 7 think that we can not support this nomination, 8 and that is John Calandra is running for public 9 office at this particular time. That's great. 10 I think we ought to encourage people of his 11 skill and his ability, and whether he is a 12 Republican, a Democrat, that doesn't matter. I 13 think we all want to see able people get into 14 politics, and he is certainly able, but how can 15 you run for public office with all that that 16 demands and at the same time do the justice 17 which your position as a member of the board of 18 trustees requires? You can't. 19 Should he win -- and I assume 20 it's a serious race that he is running. I'm 21 told it's a serious race. The name Calandra in 22 the Bronx, by itself, makes anybody with that 23 name a serious candidate. But if he wins, then 8437 1 he's got to resign. At the very least, I think 2 the Governor would want to wait until November 3 to see whether he's going to win or not. It 4 raises the question, is he being nominated, is 5 he being put on this board of trustees to have a 6 credential as a candidate? I don't think that's 7 the reason that we would want to put somebody on 8 the board of trustees. 9 To my mind, it says something 10 about this Governor and his commitment to the 11 City University of New York. This is an 12 institution that's going through some extremely 13 difficult times, as is the State University of 14 New York. What you want to do is to put on 15 people who can really contribute, build up 16 public support for that institution, deal with 17 the very difficult financial and academic 18 questions that now are being discussed for that 19 university system. That's really what it 20 needs. It doesn't need somebody who was chosen 21 really for partisan political purposes. 22 I was maybe a little harsh in the 23 Senate Finance Committee. I said "petty 8438 1 partisan politics." I want to remove the word 2 "petty," but it's certainly -- it's certainly 3 -- it's certainly partisan politics. It's 4 using the City University for political 5 purposes. It's not serving the City University 6 system, and that's in no way saying anything 7 derogatory about John Calandra, Jr., who I think 8 is a very fine young man and somebody who may 9 well have a distinguished public career, but he 10 is not the right person by experience, by 11 status, by availability of time, and considering 12 the needs of the City University of New York, 13 this is not the time to put this nominee on this 14 board. 15 I am going to vote negative. 16 ACTING PRESIDENT KUHL: Senator 17 Libous. 18 SENATOR LIBOUS: Thank you, Mr. 19 President. 20 I wasn't going to say a word 21 because I don't know even know John Calandra, 22 Jr. Don't know him at all. But after listening 23 to my colleague, Senator Leichter, who I have 8439 1 the utmost respect for, I felt compelled to get 2 up and make a few comments. 3 Senator Leichter, maybe one of 4 reasons why the City University system has had 5 some problems is because maybe there are too 6 many of these prestigious individuals that don't 7 understand the real world, and maybe we need a 8 solid citizen like John Calandra to serve on 9 that board, because maybe we've had too many 10 people who really don't have a feel for what 11 takes place in what I call the real world today, 12 and I would never say that because someone 13 doesn't have great status -- and, of course, the 14 men that you spoke of and women who serve on 15 that board, I, too, respect because they are 16 successful, and I would never take success away 17 from anyone who achieves it and earns it 18 honestly, but that certainly is no reason to say 19 that someone is not qualified for a board. 20 And because -- the other reason 21 is because an individual chooses to run for 22 public office. This is America. Anyone can run 23 for public office in America and particularly in 8440 1 New York State. This is an opportunity. He 2 should not be criticized nor should his name be 3 put aside because he chooses to run for a public 4 office. I mean that is his right as a citizen 5 to do so. 6 So again, Mr. President, I don't 7 know this gentleman at all, and I'm sure the 8 Governor and the people who made the decision 9 made a strong one, but I was just compelled to 10 make some statement. 11 And, again, as I said, I 12 certainly respect Senator Leichter and just - 13 it brought that out of me. 14 ACTING PRESIDENT KUHL: Senator 15 Leichter, why do you rise? 16 SENATOR LEICHTER: Mr. President, 17 would Senator Libous yield? 18 SENATOR LIBOUS: Sure. 19 ACTING PRESIDENT KUHL: The 20 Senator yields. 21 SENATOR LEICHTER: Senator, I 22 appreciate your comments in joining into this. 23 I just want to know what is the "real world"? 8441 1 Let me ask you, Bob Price, who we are now going 2 to take up as the next nominee, is he in the 3 real world? 4 SENATOR LIBOUS: Well, Mr. 5 President, my comment was that as he was talking 6 about prestigious people. We're all in the real 7 world but, you know, Mr. President, because 8 someone carries a title who is a president - 9 you talked about -- I don't have the document in 10 front of me of your exact remarks, but just 11 because he has no title before his name doesn't 12 mean he's not qualified to serve on the board. 13 Common sense. Common sense is in 14 the real world, and as I said to you, Senator 15 Leichter, I'm not saying that the persons who 16 serve on the board have no common sense. I have 17 tremendous respect for them, but don't discredit 18 someone else who may not have the title of 19 president or CEO or advisor to the mayor or to 20 the governor. They can serve just as well. 21 SENATOR LEICHTER: Mr. President, 22 if Senator Libous would yield. 23 ACTING PRESIDENT KUHL: Senator 8442 1 Libous, do you yield to one question? 2 SENATOR LEICHTER: Senator, I'm 3 just interested because, you know, I keep on 4 hearing this remark, the "real world." Senator 5 Dole, when he left the U.S. Senate, he said, 6 "I'm going to the real world." I want to know 7 where this real world is, and I want to - 8 because I have a lot of respect for you, Senator 9 Libous, I just thought maybe you would point me 10 to it. And, also, since you said that maybe one 11 of the reasons that City University has a 12 problem is that those people that I mentioned 13 that I thought were distinguished are not in the 14 real world, I want to know who they are. Do you 15 think Stanley Fink, the former Speaker of the 16 Assembly, he is not in the real world? 17 SENATOR LIBOUS: Mr. President. 18 Senator Leichter, the real world is outside of 19 this chamber, Senator Leichter, plain and 20 simple. It's outside the city limits of 21 Albany. That is the real world. 22 SENATOR LEICHTER: Okay. I'll 23 accept that answer. 8443 1 ACTING PRESIDENT KUHL: Is there 2 any other Senator other than Senator Velella 3 wishing to speak on the nomination? 4 SENATOR VELELLA: Mr. President, 5 I'm not surprised at Senator Leichter's 6 difficulty in understanding what's happening in 7 the real world. I believe he spent most of his 8 adult life trying to find the real world, and is 9 still trying to find the real world. 10 Let's talk about Stanley Fink. 11 Good friend of mine. I served in the Assembly 12 with him. Speaker of the Assembly, a great 13 politician, a great statesman. What did he know 14 about running a college? We put him on the 15 board, and Leichter cheered. 16 Herman Badillo, Congressman of 17 the United States, a great man, good legislator, 18 former borough president of the Bronx. Knew 19 less than I do about running a college, about 20 running a university. We put him on the board, 21 and Leichter cheered. 22 Do you realize, Senator Leichter, 23 that in five years John Calandra, Jr. could 8444 1 qualify to be President of the United States, 2 but in your mind he is not qualified to serve on 3 the board of directors of City University? 4 Maybe this governor is doing 5 something your governor didn't do. He is 6 reaching out to younger people to bring them 7 into government, to let somebody who is close to 8 that college level, who has just gone through 9 the system, to be on that board as an equal 10 person. 11 We allow student representatives 12 to be on that board. I haven't heard you 13 complain that they are too young and 14 inexperienced. They had the opportunity of 15 getting on that board. 16 If you are talking about partisan 17 politics, Senator, you don't have to look any 18 further than the mirror when you shave there in 19 the morning. You're attacking John Calandra 20 because he happens to be a Republican who will 21 be running for office in November. Every 22 argument you have raised is just a political 23 smoke screen, his age, and now you say it's not 8445 1 the question of his age. He is going to be 30 2 years old. Dick Gottfried was an Assemblyman at 3 21 and you were supporting him. I was an 4 Assemblyman at 27. I know you didn't support 5 me, but thank God. That helped me get elected. 6 That helped me get elected. 7 His experience in administering a 8 college -- Stanley Fink didn't have any 9 experience, Badillo didn't have any experience. 10 Even Murphy, the chairman of the board, doesn't 11 know about running a college. But they went on 12 there; you cheered for them. There was no 13 difference. 14 He is a fine young man. I've 15 known him since his early, early days. He 16 certainly is a well-educated, well-respected 17 individual, and I believe your attack is nothing 18 more than, as you said, petty partisan 19 politics. 20 I move the nomination. 21 ACTING PRESIDENT KUHL: For the 22 benefits of the members who will be voting 23 momentarily, the nominations of John J. Calandra 8446 1 and Robert Price both were called, so we're 2 voting on both the nominations. 3 Senator Goodman, why do you 4 rise? 5 SENATOR GOODMAN: If we're voting 6 on both, I would like to say a word with respect 7 to the other nominee. 8 ACTING PRESIDENT KUHL: It is 9 entirely appropriate at this time. 10 Senator Goodman, on the 11 nomination. 12 SENATOR LEICHTER: Mr. President, 13 point of order. 14 Point of order, Mr. President. 15 ACTING PRESIDENT KUHL: What's 16 your point of order? 17 SENATOR LEICHTER: My point of 18 order is that I believe the practice of this 19 house has been that where a member wishes to 20 identify a particular office because they wish a 21 separate vote or they wish to vote against it, 22 that we vote it separately, so my request is 23 that we vote the two separately. I'm going to 8447 1 vote for Bob Price. I'm going to vote against 2 John Calandra. 3 ACTING PRESIDENT KUHL: It's nice 4 to see you making decisions today, Senator 5 Gold. 6 Senator Goodman, on the 7 nomination. 8 SENATOR GOODMAN: May I ask for a 9 point of - 10 ACTING PRESIDENT KUHL: Senator 11 Velella. 12 SENATOR VELELLA: In order to 13 accommodate Senator Leichter, there is no 14 objection on this side to taking up John 15 Calandra first and then taking up the second 16 nominee if you would like to proceed that way, 17 unless that presents a problem at the desk. 18 ACTING PRESIDENT KUHL: Any other 19 Senator wishing to speak on the nomination of 20 John J. Calandra? 21 Senator Johnson, on the 22 nomination. 23 SENATOR JOHNSON: I'm too old to 8448 1 speak but, nevertheless, I would like to say a 2 word on behalf of John Calandra, and I would 3 like to express what Franz Leichter would 4 probably say if John's father were here. "I 5 have nothing to say." 6 His father would have had a 7 vigorous part in this debate and would have 8 certainly stood up for his son, who is his 9 father with a lot more good qualities, as well. 10 John Calandra is a fine young 11 man. It's lamentable that this debate ever took 12 place. It was inappropriate, I think. 13 Nevertheless, it did, and I would like to join 14 in seconding the nomination, certainly 15 supporting the nomination of John Calandra for 16 the position to which he has been nominated. 17 ACTING PRESIDENT KUHL: Is there 18 any other Senator wishing to speak on the 19 nomination of John J. Calandra? 20 Senator Gold. 21 SENATOR GOLD: Just very briefly 22 for everybody's information. Under the 23 Education Law 6204, the board of trustees 8449 1 consists of 17 people, 10 trustees appointed by 2 the governor, 5 by the mayor and two ex officio, 3 and one of those ex officios is the chairperson 4 of the university student center. 5 So we have already acknowledged 6 that there is a place for a voice for youth, and 7 if the Governor believes that a qualified person 8 30 years old can also be on there, I see nothing 9 wrong with it. 10 SENATOR VELELLA: I move the 11 nomination. 12 ACTING PRESIDENT KUHL: The 13 question is on the nomination of John J. 14 Calandra of Pelham, New York, to become a member 15 of the board of trustees of the City University 16 of New York. 17 All those in favor of the 18 nomination, signify by saying aye. 19 (Response of "Aye.") 20 Opposed, nay. 21 (Response of "Nay.") 22 The nominee is confirmed. 23 SENATOR VELELLA: Mr. President. 8450 1 ACTING PRESIDENT KUHL: Senator 2 Velella. 3 SENATOR VELELLA: There will be 4 an immediate meeting of the Higher Education 5 Committee in Room 124. Immediate meeting. 6 ACTING PRESIDENT KUHL: Immediate 7 meeting of the Higher Education Committee - 8 immediate meeting of the Higher Education 9 Committee in Room 124 of the Capitol. 10 Now, the question is on the 11 nomination of Robert Price of New York City. 12 I'll ask the Secretary again to read the 13 nomination. 14 THE SECRETARY: Member the Board 15 of Trustees of the City University of New York, 16 Robert Price of New York City. 17 The Chair recognizes Senator 18 Goodman, on the nomination. 19 SENATOR GOODMAN: Mr. President, 20 it gives me much pleasure to speak on the 21 nomination of Robert Price for this high 22 office. Mr. Price is a lifelong New Yorker, 23 having attended the Bronx High School of 8451 1 Science, having gone through his college years 2 in New York, and becoming the youngest executive 3 deputy mayor to serve in the history of New York 4 City. 5 In the first administration of 6 Mayor John V. Lindsay, as executive deputy 7 mayor, he actually was involved in the 8 multifaceted task of running the City as a sort 9 of "Mr. Inside," while Mayor Lindsay was doing 10 things that characterized him as "Mr. Outside"; 11 therefore, Mr. Price has had a rich experience 12 in understanding how the City works and its many 13 faceted population's needs, and in that respect 14 he has a high qualification and has been 15 tempered in the crucible of very practical 16 experience. 17 Going beyond that, upon leaving 18 the government, Mr. Price became a partner in 19 the firm of Dreyfus & Company and subsequently 20 in the firm of Lazard, Freres & Company, two of 21 the most eminent investment banking companies on 22 Wall Street, and subsequent to that, became an 23 entrepreneur in his own right running what today 8452 1 is one of the largest cellular telephone and 2 cable television combination corporations in the 3 state. 4 He has had an extraordinary 5 success in both the fields of government and 6 private enterprise and, therefore, in my 7 judgment, has a very rare set of qualifications 8 which enable him to grasp many of the fiscal 9 aspects of the City University problems and also 10 to understand in a very deep way the needs of 11 our people. 12 Therefore, Mr. President, it 13 strikes me that this is an exceptionally good 14 stroke of fortune for City University that one 15 of this competence and qualification should be 16 willing to serve on this board at this very 17 difficult time for the university, and I place 18 his nomination before the Senate in the hopes 19 that it will be unanimously confirmed. 20 ACTING PRESIDENT KUHL: The Chair 21 recognizes Senator Marchi, on the nomination. 22 Senator Stachowski, why do you 23 rise? 8453 1 SENATOR STACHOWSKI: I wanted to 2 know if Senator Goodman would yield to a 3 question. 4 ACTING PRESIDENT KUHL: Senator 5 Goodman, do you yield to Senator Stachowski? 6 SENATOR GOODMAN: Mr. President, 7 do I have the floor now or does Senator Marchi 8 have the floor? 9 SENATOR STACHOWSKI: I just 10 wanted to ask you a question while you were 11 standing, and I didn't want to interrupt you. 12 SENATOR GOODMAN: No. Please, go 13 right ahead. 14 SENATOR STACHOWSKI: My question 15 was in Finance when Senator Leichter was 16 questioning the youth of the one nominee, I 17 guess the age and experience of this nominee, 18 Senator Stafford inferred that possibly Mr. 19 Price had given the advice that got New York 20 City into the garbage strike, and I was just 21 trying to find that out -- had caused the 22 garbage strike in New York, and I was just 23 trying to find out if that was true or not. 8454 1 SENATOR GOODMAN: Are you - 2 SENATOR STACHOWSKI: I was just 3 trying to find out if that was true or not 4 because I didn't want to see another garbage 5 strike. 6 SENATOR STAFFORD: No. What I 7 pointed out, Bob Price certainly did not do 8 anything like that, but it was mentioned in the 9 Finance Committee that Mr. Price was an advisor 10 to Nelson Rockefeller, and I said if you 11 remember back in 1968 when there were some 12 differences of opinion, Mr. Price wasn't 13 advising Mr. Rockefeller. He was advising 14 another gentleman by the name of Mr. Lindsay. 15 We're not saying who was right or wrong. We're 16 getting old enough to know - 17 ACTING PRESIDENT KUHL: Senator 18 Stafford -- Senator Stafford -- Senator 19 Stafford, if I might interrupt. You're talking 20 totally away from your microphone. 21 SENATOR STAFFORD: But I was 22 trying to help. 23 ACTING PRESIDENT KUHL: I under 8455 1 stand what you're trying to do, but also as you 2 know, all of the proceedings are taken down by 3 stenographers and they're just looking at me 4 with frustration in their eyes, not being able 5 to hear a word you're saying nor do their job 6 and record it. 7 So while I appreciate your 8 attempt to help out, you're creating a 9 frustration in front of me that needs to be 10 resolved, and I appreciate your cooperation. 11 SENATOR STAFFORD: While I'm on 12 my feet and we're mentioning schools, I have to 13 point out that I believe Mr. Price graduated 14 from Columbia Law School, and he has had a 15 distinguished career, and there are many of us 16 who certainly are very, very pleased to support 17 his nomination, and I'm sure he will be a credit 18 and make a tremendous contribution to the 19 trustees. 20 ACTING PRESIDENT KUHL: Senator 21 Mar... excuse me. Senator Goodman. 22 SENATOR GOODMAN: Mr. President, 23 first of all, in response to the Senator's query 8456 1 from across the aisle, let me just say that Mr. 2 Price over the years has been an advisor to many 3 of the leading public servants of our 4 generation. 5 He worked very closely with Mayor 6 Lindsay as was earlier stated as his executive 7 deputy mayor. He was also an advisor to Nelson 8 Rockefeller in a political context which is not 9 directly related to this matter but, in fact, 10 during Governor Rockefeller's quest for the 11 presidency, Mr. Price played a key role in 12 managing several of his successful state primary 13 campaigns in search of that nomination. 14 May I say that with respect to 15 the garbage strike in New York, that is 16 completely irrelevant to this record, having had 17 nothing whatsoever to do with the garbage 18 strike. Mr. Price was nonetheless involved in 19 innumerable successful labor negotiations in the 20 state of New York, and I think it appropriate to 21 note, among other qualifications which I omitted 22 in Round 1 of my comments, that he served in the 23 United States Army, that he was a graduate of 8457 1 Columbia University Law School, that he was also 2 in the U.S. District Court as a clerk to Judge 3 Archie Dawson, one of its most noted members and 4 served in the Department of Justice in the 5 Southern District as an assistant U.S. Attorney 6 in the criminal division. He also practiced law 7 for some years for a gentleman who now sits on 8 the Appellate Division of -- bench of the state 9 of New York. 10 So I would simply reiterate in my 11 sense that this is an exceptional resume which 12 qualifies him most highly for this important 13 post. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson, why do you rise? 16 SENATOR PATERSON: Mr. 17 President - 18 ACTING PRESIDENT KUHL: Did you 19 want to speak on the nomination, Senator 20 Paterson? 21 SENATOR PATERSON: Yes, I would. 22 Mr. President, I believe - 23 ACTING PRESIDENT KUHL: Senator 8458 1 Marchi had indicated -- and I've got a list 2 going. Senator Marchi had - 3 SENATOR PATERSON: If Senator 4 Marchi would yield, this will take five seconds. 5 I just want - 6 ACTING PRESIDENT KUHL: Senator 7 Paterson. 8 SENATOR PATERSON: -- Senator 9 Goodman and Senator Stafford to know that I 10 believe Senator Stachowski's remarks were made 11 with all humor and mirth and just the satirical 12 splendor that Senator Stachowski enjoys, and 13 there was no attempt to diminish the great 14 credentials of this very excellent candidate. 15 ACTING PRESIDENT KUHL: Thank 16 you, Senator Paterson. 17 The Chair recognizes Senator 18 Marchi, on the nomination. 19 SENATOR MARCHI: Yes, Mr. 20 President. I think Senator Paterson's 21 observation is fully justified. The events that 22 he alluded to, Senator Stachowski, were the 23 subject of much mirthful badinage at that time. 8459 1 I -- certainly, the composition 2 of the board of trustees, the -- this 3 membership, we started with John Calandra who 4 has certainly fabulous -- I don't think he has 5 any -- he may have peers but he doesn't have 6 anyone that was more academically qualified 7 because of the exceptional academic background 8 that he brings, and in a variegated grouping, 9 such as the board of trustees, you want 10 different elements to give it the taste and 11 flavor and the seasoning of judgment. 12 Bob Price -- at the time I was 13 chairman of the affairs of the city of New York 14 and at that time any bill that affected the city 15 of New York, irrespective of higher education, 16 corrections, interstate compacts, going far 17 beyond -- in fact, they abolished the committee 18 after I left because then they started to assign 19 bills to -- to the different committees, 20 substantive committees. 21 So I dealt with Bob Price and 22 sometimes we had some very spirited differences, 23 but he brought enormous energy, intelligence, 8460 1 intellect, commitment to principle, a bundle of 2 qualities that were truly impressive, and going 3 beyond that when he continued his service even 4 after leaving the city of New York, his service 5 -- services were beneficial to so many 6 different activities and in so many different 7 disciplines that I think they all add up to a 8 splendid array of experience that he brings. 9 Senator Goodman, of course, was 10 in a vantage point for making the remarks that 11 he did because he served in the same adminis 12 tration within a position of responsibility. 13 So everything I see, Mr. 14 President, fully attests to the fact that this 15 is, indeed, a splendid nomination, and I believe 16 it's going to be to the profit of the City 17 University when we act favorably on this 18 recommendation. 19 ACTING PRESIDENT KUHL: Is there 20 any other Senator wishing to speak on the 21 nomination? 22 (There was no response.) 23 Hearing none, the question is on 8461 1 the nomination of Robert Price of New York City 2 to become a member of the Board of Trustees of 3 the City University of New York. All those in 4 favor of the nomination signify by saying aye. 5 (Response of "Aye".) 6 Opposed, nay. 7 (There was no response.) 8 The nominee is confirmed. 9 Senator Lachman, did you wish 10 to - 11 SENATOR LACHMAN: Yes, Mr. 12 President. Unfortunately, I missed a couple of 13 votes yesterday. Had I been in the chamber, I 14 would have voted no on Calendar item 1000, no on 15 Calendar item 1529 and no on 1526. 16 Thank you kindly. 17 ACTING PRESIDENT KUHL: Senator 18 Lachman, the record will reflect that had you 19 been in the chamber yesterday when the roll 20 calls were taken on Calendars Number 1000, 1526 21 and 1529 that you would have voted in the 22 negative. 23 SENATOR MARCELLINO: Mr. 8462 1 President. 2 ACTING PRESIDENT KUHL: Senator 3 Marcellino. 4 SENATOR MARCELLINO: Mr. 5 President, there will be an immediate meeting of 6 the Rules Committee in Room 332. 7 ACTING PRESIDENT KUHL: There 8 will be an immediate meeting of the Rules 9 Committee, immediate meeting of the Rules 10 Committee in the Majority Conference Room, Room 11 332. Immediate meeting of the Rules Committee 12 in the Majority Conference Room, Room 332. 13 Senator Marcellino. 14 SENATOR MARCELLINO: Yes. I 15 notice you may have some motions to do. After 16 that, we would like to take up the regular order 17 of the controversial calendar, starting with 18 Senate Calendar Number 258. 19 ACTING PRESIDENT KUHL: We will 20 return to motions and resolutions. 21 The Chair recognizes Senator 22 Nozzolio. 23 SENATOR NOZZOLIO: Mr. President, 8463 1 on behalf of Senator Leibell, on page number 7, 2 I offer the following amendments to Calendar 3 Number 343, Print Number 6004-A. 4 ACTING PRESIDENT KUHL: The 5 amendments to Calendar Number 343 are received 6 and adopted. The bill will retain its place on 7 the Third Reading Calendar. 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Yes, Mr. 10 President. On behalf of Senator Levy, I wish to 11 call up Senate Print Number 371, recalled from 12 the Assembly which is now at the desk. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the title. 15 THE SECRETARY: By Member of the 16 Assembly Bragman, Assembly Print 1894, an act to 17 amend the Vehicle and Traffic Law. 18 ACTING PRESIDENT KUHL: Senator 19 Nozzolio. 20 SENATOR NOZZOLIO: Mr. President, 21 I now move to reconsider the vote by which this 22 bill was passed and ask that the bill be 23 restored to the order of third reading. 8464 1 ACTING PRESIDENT KUHL: The 2 Secretary will call the roll on 3 reconsideration. 4 (The Secretary called the roll on 5 reconsideration.) 6 THE SECRETARY: Ayes 52. 7 ACTING PRESIDENT KUHL: The bill 8 is restored to the calendar and before the 9 house. 10 Senator Nozzolio. 11 SENATOR NOZZOLIO: Mr. President, 12 I now move to discharge from the Committee on 13 Transportation Assembly Print Number 1894 and 14 substitute it for Senator Levy's identical bill. 15 ACTING PRESIDENT KUHL: The 16 Assembly bill is discharged from the committee 17 and substituted for the bill. 18 Senator Marcellino. 19 SENATOR MARCELLINO: Yes, Mr. 20 President. We'd like to go back to the regular 21 order of the controversial calendar, beginning 22 with Calendar Number 258, Senator Saland's bill. 23 ACTING PRESIDENT KUHL: The 8465 1 Secretary will read the title to Calendar Number 2 258. 3 THE SECRETARY: Calendar Number 4 258, by Senator Saland, Senate Print 2457-B, an 5 act to amend the Family Court Act, the Executive 6 Law, in relation to enacting the Juvenile 7 Justice Reform Act. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 67. This 11 act shall take effect on the 120th day. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 52. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Senator Marcellino. 19 SENATOR MARCELLINO: Regular 20 order, 1057, please. 21 ACTING PRESIDENT KUHL: For the 22 benefit of the members, Senator Marcellino, I 23 have at the desk and the desk has informed me 8466 1 that the bills that are going to be acted upon 2 in order are Calendar Number 1057, Calendar 3 Number 1496, Calendar Number 1556, Calendar 4 Number 1580, Calendar Number 1582 and Calendar 5 Number 1594. These are all bills on the regular 6 calendar, Calendar No. 63, currently being 7 addressed, correct? 8 SENATOR MARCELLINO: Proceed, 9 sir. You are absolutely correct. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read Calendar Number 1057. 12 THE SECRETARY: Calendar Number 13 1057, by Senator Lack, Senate Print 4995-B, an 14 act to amend the Surrogate's Court Procedure 15 Act, in relation to increasing the limits of a 16 small estate. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect in 30 days. 21 SENATOR LACK: Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Lack. 8467 1 SENATOR LACK: Never mind. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 53. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1496, by Senator Hannon, Senate Print 7580, an 10 act to amend the Emergency Tenant Protection Act 11 of 1974. 12 SENATOR HANNON: Lay it aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside at the request of the sponsor. 15 THE SECRETARY: Calendar Number 16 1556, by Senator Hannon, Senate Print 6491-A, an 17 act to amend the Criminal Procedure Law and the 18 Executive Law, in relation to imposing plea 19 bargaining limitations. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 8. This 23 act shall take effect on the first day of 8468 1 November. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 53. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1580, by Senator Rath, Senate Print 7603-A, an 10 act to authorize the trustees of the State 11 University of New York. 12 SENATOR PATERSON: Explanation. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson, why do you rise? 15 SENATOR PATERSON: Mr. President, 16 Senator Stachowski laid this bill aside. If we 17 could just hold it pending his return, I believe 18 he went to the - 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside temporarily. 21 The Secretary will read Calendar 22 Number 1582. 23 THE SECRETARY: Calendar Number 8469 1 1582, by Senator Leibell, Senate Print 7660-A, 2 an act to amend Chapter 915 of the Laws of 1982. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 4. 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 53. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 The Secretary will read Calendar 14 Number 1594. 15 THE SECRETARY: Calendar Number 16 1594, by the Committee on Rules, Senate Print 17 7783, an act to amend the Racing, Pari-mutuel 18 Wagering and Breeding Law. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: Mr. President, 22 it was Senator Stachowski that, again, wanted to 23 -- to have an explanation on this bill. 8470 1 ACTING PRESIDENT KUHL: Senator 2 Marcellino, do you want to lay that aside 3 temporarily also? 4 SENATOR MARCHI: Yes, Mr. 5 President. Both Senators are in the Rules 6 Committee meeting at the present, so we can 7 accommodate that. 8 ACTING PRESIDENT KUHL: That 9 concludes, Senator Marcellino, the calling of 10 the controversial calendar on Calendar No. 63. 11 SENATOR MARCELLINO: Mr. 12 President, is there any housekeeping? 13 ACTING PRESIDENT KUHL: We're 14 clean up here, Senator Marcellino. There's no 15 housekeeping at the desk. 16 SENATOR MARCELLINO: Are you 17 absolutely sure? You wouldn't want to double 18 check? At which time, I think we should be in 19 recess -- or at least stand at ease until the 20 Rules Committee report comes out. 21 ACTING PRESIDENT KUHL: The 22 Senate will stand at ease momentarily. 23 (Whereupon, the Senate stood at 8471 1 ease briefly.) 2 ACTING PRESIDENT KUHL: The Chair 3 recognizes Senator Bruno. 4 SENATOR BRUNO: Mr. President, I 5 would like to ask for an immediate conference of 6 the Majority in Room 332, and we're trying to 7 get some of the bills to the floor and do some 8 of the work that we have to do to clean up. So 9 we might take a recess until 1:00 o'clock -- or 10 stand at ease until 1:00 o'clock and then we can 11 reconvene. 12 Thank you, Mr. President. 13 ACTING PRESIDENT KUHL: There 14 will be an immediate meeting of the Majority 15 Conference immediately after the completion of 16 the Rules Committee. Immediate meeting of the 17 Majority Conference after the completion of the 18 Rules Committee in Room 332, the Majority 19 Conference Room, and the Senate will stand at 20 ease until 1:00 p.m. 21 (Whereupon, the Senate stood at 22 ease from 11:53 a.m. until 1:00 p.m.) 23 ACTING PRESIDENT MARCELLINO: The 8472 1 Senate is in session. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could return to motions and resolutions, I 5 move that we adopt the Resolution Calendar in 6 its entirety. 7 ACTING PRESIDENT MARCELLINO: 8 Read the -- call the roll -- okay. The 9 Resolution Calendar is adopted. 10 SENATOR SKELOS: All in favor say 11 aye. 12 (Response of "Aye".) 13 Opposed, Nay. 14 (There was no response.) 15 ACTING PRESIDENT MARCELLINO: All 16 in favor say aye. 17 SENATOR SKELOS: The Resolution 18 Calendar is adopted. 19 ACTING PRESIDENT MARCELLINO: 20 Thank you. 21 SENATOR SKELOS: If we could then 22 return to reports of standing committees, I 23 believe there's a report of the Rules Committee 8473 1 at the desk. I'd ask that it be read. 2 ACTING PRESIDENT MARCELLINO: The 3 Secretary will -- we'll return to reports of 4 standing committees and the Secretary will read. 5 THE SECRETARY: Senator Bruno, 6 from the Committee on Rules, reports the 7 following bills: 8 Senate Print 2127, by Senator 9 Johnson, an act to amend the Insurance Law; 10 2476-A, by Senator Skelos, an act 11 to amend the Emergency Tenant Protection Act of 12 1974; 13 3289-C, by Senator Farley, an act 14 to amend the Tax Law; 15 3370-A, by Senator Velella, an 16 act to amend the Private Housing Finance Law; 17 3910-B, by Senator Maltese, an 18 act to amend the Tax Law; 19 4190-B, by Senator Velella, an 20 act to amend the General Business Law; 21 4714, by Senator Velella, an act 22 to amend the Executive Law; 23 5912-A, by Senator Nozzolio, an 8474 1 act to amend the Penal Law; 2 6007, by Senator Johnson, an act 3 to amend the Tax Law; 4 6406, by Senator Marchi, an act 5 to amend the Navigation Law; 6 6728-B, by Senator Velella, an 7 act to amend the Insurance Law; 8 6806, by Senator Hannon, an act 9 to amend the New York State Medical Care 10 Facilities Finance Agency Act; 11 6837, by Senator Oppenheimer, an 12 act authorizing the reopening of the 20-year 13 retirement plan; 14 7142-A, by Senator Johnson, an 15 act to amend the Real Property Tax Law; 16 7401-A, by Senator Marcellino, an 17 act to amend the General Municipal Law; 18 7595, by Senator Wright, an act 19 to legalize, validate, notify and confirm; 20 7642, by Senator Marcellino, an 21 act to amend the Environmental Conservation Law; 22 7650-A, by the Senate Committee 23 on Rules, an act to amend Chapter 904 of the 8475 1 Laws of 1984. 2 7663, by Senator Cook, an act in 3 relation to education expenditures; 4 7708, by Senator Goodman, an act 5 to amend Chapter 196 of the Laws of 1995; 6 7711-A, by Senator Stafford, an 7 act to legalize, ratify and confirm the acts and 8 proceedings; 9 7732, by Senator Kuhl, an act to 10 amend the Agriculture and Markets Law; 11 7749, by Senator Stafford, an act 12 approving the exchange of certain lands; 13 7753, by Senator Maltese, an act 14 to amend the Election Law; 15 7756, by Senator Cook, an act in 16 relation to assessments; 17 7794, by Senator Markowitz, an 18 act to amend Chapter 60 of the Laws of 1994; 19 7804, by the Senate Committee on 20 Rules, an act to amend the Local Finance Law; 21 7807, by the Senate Committee on 22 Rules, an act making an appropriation to pay 23 Geneva Healey, widow of the late Philip P. 8476 1 Healey, Member of the Assembly from the 12th 2 District; 3 7835, by Senator Levy, an act to 4 amend the Public Authorities Law; 5 7836, by Senator Levy, an act to 6 amend Chapter 56 of the Laws of 1993; 7 And 7854, by the Senate Committee 8 on Rules, an act making appropriations for the 9 support of government. 10 All bills ordered directly for 11 third reading. 12 ACTING PRESIDENT MARCELLINO: All 13 those in favor of accepting the report of the 14 Rules Committee respond by saying aye. 15 (Response of "Aye".) 16 Opposed, nay. 17 (There was no response.) 18 The report is accepted. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 at this time if we could take up Calendar 22 Number 16... 23 ACTING PRESIDENT MARCELLINO: 8477 1 Senator Skelos, before we do that, can we take 2 up some motions that we have. 3 The Chair recognizes Senator 4 Farley. 5 SENATOR FARLEY: Mr. President, 6 on behalf of Senator Velella, on page 9, I offer 7 the following amendments to Calendar 421, Senate 8 Print 5941 and I ask that that bill retain its 9 place on the Third Reading Calendar. 10 ACTING PRESIDENT MARCELLINO: The 11 amendments are received and it will retain its 12 place on the Third Reading Calendar, Senator. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 at this time if we could take up Calendar Number 16 1631 on Supplemental Calendar Number 1. 17 ACTING PRESIDENT MARCELLINO: 18 There is a message of necessity. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1631, by the Senate Committee on Rules, Senate 22 Print 7854, an act making appropriations for the 23 support of government. 8478 1 SENATOR SKELOS: Mr. President, 2 is there a message of necessity and 3 appropriation at the desk? 4 ACTING PRESIDENT MARCELLINO: 5 There is, sir. 6 SENATOR SKELOS: Move to accept. 7 ACTING PRESIDENT MARCELLINO: The 8 messages of appropriation and necessity are 9 accepted -- all those in favor of accepting the 10 message of necessity and appropriation please by 11 -- signify by saying aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The messages are accepted. 16 Read the last section. 17 THE SECRETARY: Section 41. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 53. 23 ACTING PRESIDENT MARCELLINO: The 8479 1 bill is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 at this time if we could have a reading of 5 Supplemental Calendar Number 1, non 6 controversial. 7 ACTING PRESIDENT MARCELLINO: 8 We'll have a reading of the non-controversial 9 calendar of Supplemental Calendar Number 1. 10 The Secretary will read. 11 THE SECRETARY: Senator Johnson 12 moves to discharge from the Committee on Rules 13 Assembly Bill Number 3214 and substitute it for 14 the identical Calendar Number 1601. 15 ACTING PRESIDENT MARCELLINO: 16 There is a substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1601, by Member of the Assembly Harenberg, 20 Assembly Print 3214, an act to amend the 21 Insurance Law, in relation to automobile 22 insurance rates. 23 ACTING PRESIDENT MARCELLINO: 8480 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 53. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 -- excuse me. Senator Skelos moves to 13 discharge from the Housing and Community 14 Development Committee Assembly Bill Number 15 1240-A and substitute it for the identical Third 16 Reading Calendar 1602. 17 ACTING PRESIDENT MARCELLINO: The 18 substitution is ordered and the Secretary will 19 read. 20 THE SECRETARY: Calendar Number 21 1602, by Member of the Assembly Weisenberg, 22 Assembly Print 1240-A, an act to amend the 23 Emergency Tenant Protection Act of 1974. 8481 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 53. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1603, by Senator Farley, Senate Print 3289-C - 13 ACTING PRESIDENT MARCELLINO: The 14 bill is high. Lay it aside. 15 THE SECRETARY: Senator Velella 16 moves to discharge from the Committee on Housing 17 and Community Development Assembly Bill Number 18 3988-A and substitute it for the identical Third 19 Reading Calendar 1604. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section -- I'm sorry. The 22 substitution is ordered. Read the last section. 23 THE SECRETARY: Calendar Number 8482 1 1604, by Member of the Assembly Klein, Assembly 2 Print 3988-A, an act to amend the Private 3 Housing Finance Law, in relation to increasing 4 the secondary wage. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll -- read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 53. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1605, by Senator Maltese, Senate Print 3910-B, 17 an act to amend the Tax Law, in relation to 18 exempting certain tangible personal property. 19 ACTING PRESIDENT MARCELLINO: 20 There is a local fiscal impact statement at the 21 desk. Please read the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 8483 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Senator Velella 8 moves to discharge from the Committee on 9 Consumer Protection Assembly Bill Number 1035-C 10 and substitute it for the identical Third 11 Reading Calendar 1606. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section -- there is a substitution 14 ordered. 15 THE SECRETARY: Calendar Number 16 1606, by Member of the Assembly Dugan, Assembly 17 Print 1035-C, an act to amend the General 18 Business Law, in relation to providing. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section, please. 21 THE SECRETARY: Section 9. This 22 act shall take effect January 1. 23 ACTING PRESIDENT MARCELLINO: 8484 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 53. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1607, by Senator Velella, Senate Print 4714, an 8 act to amend the Executive Law, in relation to 9 obtaining nationwide criminal history records. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect in 60 days. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 53. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Senator Nozzolio 21 moves to discharge from the Committee on Codes 22 Assembly Bill Number 8592-A and substitute it 23 for the identical Third Reading Calendar 1608. 8485 1 ACTING PRESIDENT MARCELLINO: The 2 substitution is ordered. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 1608, by Member of the Assembly Wright, Assembly 6 Print 8592-A, an act to amend the Penal Law, in 7 relation to prohibiting sexual activities. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 53. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Senator Johnson 19 moves to discharge from the Committee on Rules 20 Assembly Bill Number 8718 and substitute it for 21 the identical Third Reading Calendar 1609. 22 ACTING PRESIDENT MARCELLINO: The 23 substitution is ordered and the Secretary will 8486 1 read. 2 THE SECRETARY: Calendar Number 3 1609, by Member of the Assembly Harenberg, 4 Assembly Print 8718, an act to amend the Tax 5 Law, in relation to notice of determination. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 53. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1610, by Senator Marchi, Senate Print 6406, an 18 act to amend the Navigation Law, in relation to 19 the board of commissioners of pilots. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8487 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1611, by Senator Velella, Senate Print 6728-B, 9 an act to amend the Insurance Law. 10 SENATOR PATERSON: Lay it aside. 11 ACTING PRESIDENT MARCELLINO: Lay 12 it aside. 13 THE SECRETARY: Senator Hannon 14 moves to discharge from the Committee on Rules 15 Assembly Bill Number 10677 and substitute it for 16 the identical Third Reading Calendar 1612. 17 ACTING PRESIDENT MARCELLINO: The 18 substitution is ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1612, by the Assembly Committee on Rules, 22 Assembly Print Number 10677, an act to amend the 23 state Medical Care Facilities Finance Agency 8488 1 Act. 2 ACTING PRESIDENT MARCELLINO: 3 Please read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 53. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Senator 13 Oppenheimer moves to discharge from the 14 Committee on Rules Assembly Bill Number 9356 and 15 substitute it for the identical Third Reading 16 Calendar 1613. 17 ACTING PRESIDENT MARCELLINO: The 18 substitution is order. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1613, by Member of the Assembly Galef, Assembly 22 Print 9356, an act authorizing the reopening of 23 the 20-year retirement plan. 8489 1 ACTING PRESIDENT MARCELLINO: 2 There is a home rule message at the desk. 3 Please read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 53. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1614, by Senator Johnson, Senate Print 7142-A - 14 ACTING PRESIDENT MARCELLINO: The 15 bill is high. Lay it aside. 16 THE SECRETARY: Calendar Number 17 1615, by Senator Marcellino, Senate Print 18 7401-A, an act to amend the General Municipal 19 Law, in relation to authorizing. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8490 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT MARCELLINO: 6 That worthy bill is passed. 7 THE SECRETARY: Calendar Number 8 1616, by Senator Wright, Senate Print 7595, an 9 act to legalize, validate, notify and confirm 10 certain transportation contracts. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll -- read the last section, please. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: Now 16 call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 53. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 Senator Paterson. 22 SENATOR PATERSON: Mr. President, 23 has -- Bill Number 1615 which we just passed, is 8491 1 that still in the house? 2 ACTING PRESIDENT MARCELLINO: 3 Yes, it is, Senator. 4 SENATOR PATERSON: May we -- I 5 would like to move to reconsider the vote by 6 which this bill was passed and lay it aside for 7 Senator Leichter with unanimous consent. 8 ACTING PRESIDENT MARCELLINO: The 9 Secretary will call the roll on reconsideration 10 of Bill Number 1615 -- Calendar Number 1615. 11 THE SECRETARY: Calendar Number 12 1615, by Senator Marcellino, Senate Print 13 7401-A, an act to amend the General Municipal 14 Law. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is laid aside -- call the roll on 17 reconsideration. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 53. 21 ACTING PRESIDENT MARCELLINO: Lay 22 the bill aside. 23 The Secretary will read. 8492 1 THE SECRETARY: Calendar Number 2 1617, by Senator Marcellino, Senate Print 7642, 3 an act to amend the Environmental Conservation 4 Law, in relation to scup and black sea bass. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 53. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. Please move it from the house. 15 THE SECRETARY: Calendar Number 16 1618, by the Senate Committee on Rules, Senate 17 Print 7650-A, an act to amend Chapter 904 of the 18 Laws of 1984. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MARCELLINO: 8493 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 53. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1619, by Senator Cook, Senate Print 7663, an act 8 in relation to education expenditures. 9 ACTING PRESIDENT MARCELLINO: 10 There's a local fiscal impact note at the desk. 11 Please read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 53. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1620, by Senator Goodman, Senate Print 7708, an 22 act to amend Chapter 196 of the Laws of 1995. 23 ACTING PRESIDENT MARCELLINO: 8494 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 53. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1621, by Senator Stafford, Senate Print 12 7711-A - 13 ACTING PRESIDENT MARCELLINO: The 14 bill is high. Lay it aside. 15 THE SECRETARY: Calendar Number 16 1622, by Senator Kuhl, Senate Print 7732, an act 17 to amend the Agriculture and Markets Law. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 30th day. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 8495 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 53. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1623, by Senator Stafford, Senate Print 7749 - 7 ACTING PRESIDENT MARCELLINO: The 8 bill is high. Lay it aside. 9 THE SECRETARY: Calendar Number 10 1624, by Senator Maltese, Senate Print - 11 ACTING PRESIDENT MARCELLINO: The 12 bill is high. Lay it aside. 13 THE SECRETARY: -- 7753. 14 Calendar Number 1625, by Senator Cook, Senate 15 Print 7756, an act in relation to assessments 16 for real property. 17 ACTING PRESIDENT MARCELLINO: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 8496 1 THE SECRETARY: Ayes 53. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1626, by Senator Markowitz, Senate Print 7794, 6 an act to amend Chapter 60 of the Laws of 1994. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 53. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1627, by the Senate Committee on Rules, Senate 19 Print 7804, an act to amend the Local Finance 20 Law, in relation to the sale of bonds and notes. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 7. This 8497 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 53. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Senator Bruno 9 moves to discharge from the Committee on Rules 10 Assembly Bill Number 11026 and substitute it for 11 the identical Third Reading Calendar 1628. 12 ACTING PRESIDENT MARCELLINO: The 13 substitution is ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1628, by the Assembly Committee on Rules, 17 Assembly Print 11026, an act making an 18 appropriation to pay Geneva Healey, widow of the 19 late Philip B. Healey, Member of the Assembly 20 from the 12th District. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section, please. 23 THE SECRETARY: Section 2. This 8498 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 53. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1629, by Senator Levy, Senate Print 7835, an act 10 to amend the Public Authorities Law, in relation 11 to the issuance. 12 ACTING PRESIDENT MARCELLINO: We 13 have a message of necessity at the desk. Read 14 the last section -- I move that we accept the 15 message. All those in favor signify by saying 16 aye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 The message is accepted. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8499 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1630, by Senator Levy, Senate Print 7836, an act 9 to amend Chapter 56 of the Laws of 1993. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Kuhl. 12 SENATOR KUHL: Is there a message 13 at the desk? 14 ACTING PRESIDENT MARCELLINO: 15 Yes, there is. 16 SENATOR KUHL: I'd move we accept 17 the message. 18 ACTING PRESIDENT MARCELLINO: All 19 those in favor of accepting the message of 20 necessity please signify by saying aye. 21 (Response of "Aye".) 22 Opposed, nay. 23 (There was no response.) 8500 1 The message is accepted. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 53. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 Senator Kuhl, we finished the 12 reading of the non-controversial calendar. 13 SENATOR KUHL: Mr. President. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Kuhl. 16 SENATOR KUHL: Yes. May we 17 return to the regular calendar, the first 18 calendar of the day, Calendar No. 63, and could 19 you call up Calendar Number 1573, Senate Print 20 6393-A, by Senator Hannon. 21 ACTING PRESIDENT MARCELLINO: 22 That was Calendar Number 1576, Senator? Senator 23 Kuhl, Calendar Number - 8501 1 SENATOR KUHL: 1573. 2 ACTING PRESIDENT MARCELLINO: 3 1573 of the regular calendar. 4 SENATOR KUHL: On the regular 5 Calendar No. 63. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 1573, by Senator Hannon, Senate Print 6393-A, an 10 act to amend the Social Services Law, in 11 relation to limiting the method of payment. 12 SENATOR DOLLINGER: Explanation. 13 SENATOR GOLD: Explanation. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Hannon, an explanation has been asked 16 for. 17 SENATOR HANNON: Yes. This 18 legislation would deal with the payment of 19 pharmaceuticals under Medicaid managed care and 20 when specified that -- there was somebody 21 addressing me and I didn't understand. If they 22 would address the - 23 ACTING PRESIDENT MARCELLINO: If 8502 1 we have a question, could we bring it up here so 2 we can all hear it? 3 SENATOR GOLD: Yes, Mr. 4 President. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Gold, why do you rise? 7 SENATOR GOLD: I asked for the 8 explanation, and I would appreciate it if it 9 could be so I could hear it. I wasn't trying to 10 be difficult with the Senator, although that's 11 the return, but I just couldn't hear him. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Hannon, please continue. 14 SENATOR HANNON: This bill which 15 provides free hearing aids for -- excuse me. 16 That's the wrong bill. 17 SENATOR GOLD: Could we have a 18 five-minute recess. (Laughter) 19 SENATOR HANNON: Begging your 20 indulgence, Mr. President, and begging your 21 indulgence, Senator Gold, I'm sorry. Rarely do 22 I have an opportunity like that. 23 This legislation would deal with 8503 1 the payment for pharmaceuticals under Medicaid 2 and would provide that pharmaceutical 3 reimbursement under a capitated Medical 4 Assistance Program would be the same as that for 5 other venues of providing medical assistance. 6 The bill has been amended and it 7 would only continue until the end of the current 8 fiscal year, deemed to be repealed on March 9 31st, 1997. 10 SENATOR GOLD: Thank you, Senator 11 Hannon. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Dollinger. 14 SENATOR DOLLINGER: Would the 15 sponsor yield to just one question? 16 ACTING PRESIDENT MARCELLINO: 17 Senator Hannon, do you yield? 18 SENATOR HANNON: Yes, Mr. 19 President. 20 ACTING PRESIDENT MARCELLINO: The 21 Senator yields. 22 SENATOR DOLLINGER: To the 23 chairman of the Health Committee, my 8504 1 understanding is that the state -- the 2 Department of Health had sent out a request for 3 -- proposal for the pharmaceutical portion of 4 Medicaid managed care and that there were 5 contracts that were either going to be awarded 6 or had been awarded for this, and I'm just 7 wondering how does this impact that what 8 appeared to be progression down the road to some 9 kind of statewide Medicaid pharmaceutical 10 managed care program? 11 SENATOR HANNON: There would 12 appear to be a certain tension between this bill 13 and those contracts. 14 SENATOR DOLLINGER: Do you know 15 whether -- again through you, Mr. President. Do 16 you know whether the Department of Health will 17 continue to go through that or whether this puts 18 all that on hold? 19 SENATOR HANNON: This bill would 20 not have the effect of going on hold. That 21 program would really be dispositive as a result 22 of separate discussions between this house and 23 the Assembly as to what's going to go on for 8505 1 Medicaid managed care. 2 This bill really I don't think 3 would have a great effect because -- I'm trying 4 to look into the future as dimly as one can see 5 -- that program is not going to be truly up and 6 running until the latter part of this fiscal 7 year, and I don't think this should have that 8 much impact. It basically would tend to leave 9 things alone. It would become a much greater 10 question when it is -- when Medicaid managed 11 care is up and running at the projected levels 12 of two or three million people. 13 SENATOR DOLLINGER: Okay. And 14 just one other clarification, Mr. President, 15 since I've read several of the memos, but I just 16 want to make sure I understand it. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Hannon, do you continue to yield? 19 SENATOR HANNON: Yes, Mr. 20 President. 21 ACTING PRESIDENT MARCELLINO: The 22 Senator continues to yield. 23 SENATOR DOLLINGER: Is this a 8506 1 permanent carve-out or is this a time - 2 SENATOR HANNON: Time limited. 3 It is only effective until March 31st, 1997, the 4 end of the current fiscal year for which 5 presumably some day we'll have a budget. 6 SENATOR DOLLINGER: Okay. Mr. 7 President, just briefly on the bill. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Dollinger, on the bill. 10 SENATOR DOLLINGER: Under these 11 circumstances, as explained by the chairman of 12 the Health Committee, I'll support this bill. I 13 remain concerned about the concept of Medicaid 14 managed care, how we're going to make it work. 15 I understand that a premature 16 imposition of a complete managed care system 17 will have devastating impacts -- potentially 18 devastating impacts on local pharmacies and 19 small pharmaceutical chains, but I think that 20 what we have to continue to realize is that as 21 we move down the road to managed care, there are 22 certain things that if we're going to really 23 manage it, if we're truly committed to it that 8507 1 we have to do, and I'm not suggesting, as I 2 think you described as a somewhat opaque future, 3 perhaps about what managed care is going to look 4 like in this state. At least from my 5 perspective, if we're really going to get there, 6 part of it is going to be to manage the delivery 7 of pharmaceutical services as well. 8 So I'll support a carve-out until 9 the start of the next fiscal year with the idea 10 that depending on how we structure this Medicaid 11 managed care and what public policy restrictions 12 and consumer protections and market protections 13 that we put onto this system -- which I know are 14 close to the chairman's heart as well -- we have 15 to look at this issue again in great detail to 16 see whether we get the real savings because it's 17 a savings issue. 18 Thank you, Mr. President. 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Gold. 22 SENATOR GOLD: Mr. President, the 23 -- apparently there is a memo that's been filed 8508 1 in opposition by the city of New York. On the 2 other hand, I've got memorandums from the Chain 3 Pharmacy Association and from the Pharmacists 4 Society and from the Indo-American 5 Pharmaceutical Society, et cetera, et cetera, 6 and I appreciated Senator Hannon's explanation, 7 and I intend to support it. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 53. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 Senator Kuhl. 19 SENATOR KUHL: Yes, Mr. 20 President. Staying on that same calendar, 21 Calendar No. 63, the first calendar of the day, 22 may you now call up Calendar Number 1594 by 23 Senator Larkin. 8509 1 ACTING PRESIDENT MARCELLINO: The 2 Secretary will call -- Senator Goodman, did you 3 wish to - 4 SENATOR GOODMAN: May I be 5 recorded in the negative on Senator Hannon's 6 bill, please. 7 ACTING PRESIDENT MARCELLINO: 8 Please record Senator Goodman without objection 9 in the negative on Calendar 1573. It has been 10 done, sir. 11 The Secretary will read Calendar 12 Number 1594. 13 THE SECRETARY: Calendar Number 14 1594, by the Senate Committee on Rules, Senate 15 Print 7783, an act to amend the Racing, 16 Pari-mutuel Wagering and Breeding Law. 17 SENATOR STACHOWSKI: Explanation. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Larkin, an explanation has been asked 20 for by Senator Stachowski. 21 SENATOR LARKIN: Senator 22 Stachowski, what this bill does is it just 23 extends the existing practices for one year, and 8510 1 basically we have been negotiating with the 2 other house on certain things with regard to 3 simulcasting. At this time we haven't finalized 4 it. So by both parties, we decided that it was 5 best to extend it as we proceed forward. 6 SENATOR STACHOWSKI: Mr. 7 President, would Senator - 8 ACTING PRESIDENT MARCELLINO: 9 Excuse me, Senator Stachowski. Gentlemen, when 10 we speak -- I understand the need to speak to 11 our colleagues, but if we could speak as close 12 as possible to the microphones, that would 13 assist the stenographer to get an accurate 14 account of what you're saying and help your 15 colleagues to understand and hear what you're 16 saying. 17 Senator Stachowski. 18 SENATOR STACHOWSKI: Mr. 19 President, would Senator Larkin yield for a 20 couple of questions? 21 ACTING PRESIDENT MARCELLINO: 22 Senator Larkin, do you yield? 23 SENATOR LARKIN: Yes, Mr. 8511 1 President. 2 ACTING PRESIDENT MARCELLINO: He 3 yields. 4 SENATOR STACHOWSKI: Senator, 5 have you heard of anybody that's opposed to this 6 extender as it is for a year? 7 SENATOR LARKIN: I haven't 8 received any information, Senator. 9 SENATOR STACHOWSKI: If I could 10 ask -- continue. 11 ACTING PRESIDENT MARCELLINO: The 12 Senator continues to yield. 13 SENATOR STACHOWSKI: It's also - 14 it's my understanding that -- I understand all 15 the harness tracks are against it, but Yonkers 16 in particular said if this year extender goes 17 and we continue for the next year in the same 18 simulcasting provisions as we have currently, 19 that they will go out of business. I was told 20 that yesterday, as a matter of fact, and then 21 again today. 22 SENATOR LARKIN: Senator, I also 23 heard that yesterday, but they -- Yonkers are 8512 1 well aware of the fact that we are trying to 2 correct the problem, but we can't correct it 3 between now and whenever we get out of here 4 today. So it's something that's going to 5 expire. We thought we better protect ourselves 6 as the ongoing negotiations are going on. We're 7 making some progress, but we don't want to be 8 stonewalled on a time frame and miss something 9 in order to ensure the continuation of Yonkers 10 and a few others like Monticello that will also 11 be affected by this. 12 SENATOR STACHOWSKI: If the 13 Senator would continue to yield. 14 ACTING PRESIDENT MARCELLINO: 15 Senator, do you continue to yield? 16 SENATOR LARKIN: Yes, Mr. 17 President. 18 ACTING PRESIDENT MARCELLINO: The 19 Senator yields. 20 SENATOR STACHOWSKI: Senator, 21 couldn't we do a shorter extender than a year 22 while you're negotiating since negotiations are 23 in progress and maybe we can alleviate some of 8513 1 the concerns of not only Yonkers but other 2 harness tracks that are fragile in nature anyway 3 and are very concerned about their continued 4 existence if we do happen to go for another year 5 under the current regulations? 6 SENATOR LARKIN: Well, Senator, 7 all of the people that were interested in this 8 were made quite -- were made aware of the 9 proposal, and there was no real problem with it 10 because they were made to understand that what 11 our proposals were, how we were trying to get at 12 it and the time was in order to ensure us that 13 we could do it and do it properly. 14 SENATOR STACHOWSKI: Thank you. 15 On the bill. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Stachowski, on the bill. 18 SENATOR STACHOWSKI: I understand 19 that the parties were made aware of -- that 20 negotiations were going on, and I'm also aware 21 of the fact that Buffalo Raceway, which is in my 22 area, is very concerned about this particular 23 one-year extender. I know that Senator Volker 8514 1 who now has Buffalo Raceway actually in his 2 district is also aware of that same problem. 3 I was made aware today that 4 Yonkers Raceway says if this one-year extender 5 goes and there happens to be no negotiations to 6 change that, that they will be out of business 7 with the passage of this one-year extender and 8 the following year of business. 9 So I don't understand why we 10 can't do a shorter one. I don't know how we can 11 pass -- I know we have to do something. So I'm 12 not going to say I don't know how we can pass 13 this knowing that these tracks, one, for sure 14 will go out of business and possibly others to 15 follow. I don't know why we do it for a year. 16 So with that in mind, I would 17 love to be cooperative and vote for the 18 extender, but the fact is that this will put 19 some tracks in jeopardy. I also understand that 20 the Finger Lakes has problems with this. 21 So that with all these 22 considerations on the negative side, I can't 23 support this bill right now, and I would ask 8515 1 that my colleagues on this side join with me and 2 on the other side in not doing this one-year 3 extender right now and maybe come up with -- I 4 know we have done four months, I saw earlier in 5 Rules. I don't know why we're doing that one, 6 and I think it's a big mistake to do a one-year 7 extender at this time, and I would suggest that 8 people vote in the negative. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 9. 12 ACTING PRESIDENT MARCELLINO: 13 Sen... I'm sorry. Read the last section. 14 THE SECRETARY: This act shall 15 take effect immediately. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 Announce the results, please, 20 when tabulated. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1594 are 23 Senators Connor, Dollinger, Gold, Lachman, 8516 1 Leichter, Mendez, Onorato, Padavan, Paterson and 2 Stachowski. Ayes 43, nays 10. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 Senator Kuhl. 6 SENATOR KUHL: Yes, Mr. 7 President. Could we call up on the same 8 calendar now, Calendar No. 63, Calendar Number 9 1572 by Senator Hoblock. 10 ACTING PRESIDENT MARCELLINO: The 11 Secretary will read Calendar Number 1572. 12 THE SECRETARY: Calendar Number 13 1572, by Senator Hoblock, Senate Print 3867-C, 14 an act authorizing the town of Colonie Fire 15 Districts. 16 SENATOR KUHL: Mr. President, is 17 there a message of necessity at the desk? 18 ACTING PRESIDENT MARCELLINO: 19 There is, sir. 20 SENATOR KUHL: I'd move we accept 21 the message. 22 ACTING PRESIDENT MARCELLINO: The 23 motion is to move to accept the message of 8517 1 necessity. All in favor say aye. 2 (Response of "Aye".) 3 Opposed, nay. 4 (There was no response.) 5 The message is accepted. 6 The Secretary -- there is also a 7 home rule message at the desk. Read the last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 53. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 Senator Kuhl. 18 SENATOR KUHL: On that same 19 calendar now, could we call up Senator Rath's 20 bill, Calendar Number 1580. 21 THE SECRETARY: Calendar Number 22 1580, by Senator Rath, Senate Print 7603-A, an 23 act to authorize the trustees of the State 8518 1 University of New York. 2 SENATOR STACHOWSKI: Explanation. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Rath, an explanation has been asked for 5 by Senator Stachowski. 6 SENATOR RATH: Yes. Mr. 7 President, this bill allows the State University 8 of New York at Buffalo to contract with the 9 University of Buffalo foundation to go to bid 10 for leasing land that is on the back of their 11 present North Campus which, of course, those of 12 us from western New York know the vastness of 13 the amount of the campus and the additional 14 vastness of the amount of space at the back of 15 that campus, for student housing purposes only. 16 It would not be for any other purpose, and there 17 is no way to get the student housing out on to 18 what's commonly called the North Campus and 19 short of costing a lot of money one way or the 20 other, this was a plan that was worked out - 21 and apparently it has been done at other times 22 in state -- in the State University of New York, 23 and the property then after 60 years would 8519 1 revert to the State University of New York at 2 Buffalo, and this is an opportunity for them to 3 get student housing on that campus, which is 4 desperately needed, their number one priority on 5 that campus and, again, they want to do it by 6 leasing the land out and having a contractor 7 build the buildings for them. 8 SENATOR STACHOWSKI: Mr. 9 President, would Senator Rath yield for a few 10 questions? 11 SENATOR RATH: Sure. 12 ACTING PRESIDENT MARCELLINO: 13 Senator, will you yield? She yields, Senator. 14 SENATOR STACHOWSKI: Senator, is 15 this bill of major importance to the 16 University? 17 SENATOR RATH: Senator 18 Stachowski, they advise me through the number of 19 meetings that we had with them back over in 20 western New York, this was their number one 21 priority. Of all the things that SUNY-Buffalo 22 is interested in every year, this was number 23 one. 8520 1 SENATOR STACHOWSKI: If the 2 Senator would continue to yield. 3 ACTING PRESIDENT MARCELLINO: 4 Senator, do you continue to yield? 5 SENATOR RATH: Surely. 6 ACTING PRESIDENT MARCELLINO: The 7 Senator yields. 8 SENATOR STACHOWSKI: Would you 9 happen to know if the University is doing 10 anything about the problems they have at the 11 same time with housing, the students in the 12 vicinity of the South Campus which happens to be 13 in an area shared by Assemblyman Hoyt and 14 myself? 15 SENATOR RATH: Senator 16 Stachowski, my understanding is that former 17 Senator now Professor Sheffer, as he has assumed 18 a lot of the responsibilities that were held by 19 now President Moore of Buffalo State, they have 20 a task force that is working through that 21 situation in the university district, because I 22 understand your concerns and I understand 23 Assemblyman Hoyt's concerns for the students as 8521 1 they move from the private dwellings now that 2 are broken up into apartments, and I too am 3 concerned about the university district of the 4 city of Buffalo, maintaining the neighborhood 5 ambiance and what it should be, and there is a 6 real sincere concern about that, Senator, and, 7 yes, there is a task force working on that. 8 SENATOR STACHOWSKI: Mr. 9 President, if Senator Rath would continue to 10 yield. 11 ACTING PRESIDENT MARCELLINO: 12 Senator, do you continue to yield? She 13 continues to yield. 14 SENATOR RATH: Surely. 15 SENATOR STACHOWSKI: Senator, do 16 you know if this bill is directed towards any 17 particular developer to do the project? 18 SENATOR RATH: No. The UB 19 foundation would be going out for public bids. 20 They are required by law to go for public bids. 21 The contract between UB and the foundation is a 22 direction of the responsibility from the 23 University to the foundation but the foundation 8522 1 goes for bids. 2 SENATOR STACHOWSKI: Senator, did 3 you have these meetings in Albany or in western 4 New York with the University? 5 SENATOR RATH: This was said to 6 us at the luncheon that they hosted for us that 7 day, as you'll recall, in downtown Buffalo. All 8 of the members of the delegation came in, and 9 they had a laundry list of things that they were 10 interested in, and actual meetings, Senator, I 11 can't say that it was -- they were actually 12 meetings, but this one came to the top of their 13 list of interests, and we started to advance it 14 and draft the legislation. 15 SENATOR STACHOWSKI: Mr. 16 President, if Senator Rath would continue. 17 SENATOR RATH: Surely. 18 ACTING PRESIDENT MARCELLINO: The 19 Senator continues to yield. 20 SENATOR STACHOWSKI: Does the 21 University have somebody that they send to 22 Albany that would talk to you about an issue 23 like this? 8523 1 SENATOR RATH: Yes. I believe 2 Molly McKeown was here and it was an oversight. 3 She wanted to talk with you and, unfortunately, 4 that didn't happen, and I would apologize that I 5 did not follow through and make sure that that 6 happened. 7 SENATOR STACHOWSKI: Thank you, 8 Senator. 9 I appreciate Senator Rath 10 apologizing, and it's really not her fault and 11 she doesn't have any reason to apologize for 12 this, but it's amazing to me that the University 13 would have a number one priority bill to do this 14 bill and then they have other representatives 15 representing other parts of the University, same 16 school, SUNY-Buffalo, that have other unique 17 problems and not only wouldn't they stop by to 18 tell you about this number one priority, they 19 must have thought it was a waste of time to 20 discuss it with us. 21 I have nothing against the 22 University. I happen to think that the idea may 23 not be that bad. I know that Assemblyman Hoyt 8524 1 is very concerned about doing anything in the 2 housing at the North Campus until there is a 3 solution for the South Campus. I don't 4 necessarily feel that that's the order that it 5 has to be in, but I'm really miffed that the 6 University still does have somebody that comes 7 here and that I didn't hear from them. 8 I have -- I'm really not going to 9 ask anybody to vote against this. I'm going to 10 decide while -- when I sit down if I'm going to 11 vote for it or not. I just can't believe that 12 these oversights continue to happen, because if 13 people expect you to vote for bills and they 14 know who you are and they know where to find you 15 on other situations, it's always amazing to me 16 that they can't find you when this is their 17 number one priority. 18 I think it's really unique 19 because last year Syracuse had a bill that was a 20 major issue to them. I'm not from Syracuse, but 21 the chancellor talked to me about it. I mean, 22 he's probably more important and busier than the 23 person whose job is government liaison for SUNY 8525 1 Buffalo, but the chancellor of the University of 2 Syracuse took the time out of his day to at 3 least talk to me about a bill that was important 4 to him. I'm just sorry that the University of 5 Buffalo's government liaison person is just too 6 busy to get that kind of thing done, and I'm 7 going to vote no on the bill. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section, please. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 SENATOR STACHOWSKI: Slow roll 16 call. 17 SENATOR GOLD: Slow roll call. 18 ACTING PRESIDENT MARCELLINO: Are 19 there five members standing? All right. Five 20 members are standing, and the Secretary will 21 call the roll slowly but not that slowly. Can 22 we have the bells rung so that everyone knows 23 we're calling the roll slowly. 8526 1 THE SECRETARY: Senator Abate. 2 (There was no response.) 3 Senator Alesi. 4 SENATOR ALESI: Yes. 5 THE SECRETARY: Senator Babbush. 6 (There was no response.) 7 Senator Bruno. 8 (Affirmative indication) 9 Senator Connor. 10 (There was no response.) 11 Senator Cook. 12 SENATOR COOK: Yes. 13 THE SECRETARY: Senator 14 DeFrancisco. 15 SENATOR DeFRANCISCO: I would 16 like to explain my vote. 17 ACTING PRESIDENT MARCELLINO: 18 Senator DeFrancisco, to explain his vote. 19 SENATOR DeFRANCISCO: I want to 20 apologize to Senator Rath that Syracuse 21 University has such outstanding people that they 22 take such care where the chancellor would call 23 individually everybody that he wanted to talk to 8527 1 on a bill, and it's very difficult for everybody 2 else throughout the state to uphold that 3 standard that Syracuse exemplifies in just about 4 everything they do. 5 So I apologize to Senator Rath, 6 but I applaud the chancellor for being so good 7 at what he does and being a citizen of Syracuse, 8 it doesn't surprise me at all. 9 I'll vote yes on this bill. 10 ACTING PRESIDENT MARCELLINO: 11 Senator DeFrancisco will be recorded in the 12 positive. 13 Continue calling the roll. 14 THE SECRETARY: Senator DiCarlo. 15 (There was no response.) 16 Senator Dollinger. 17 SENATOR DOLLINGER: Mr. 18 President, just briefly to explain my vote. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Dollinger. 21 SENATOR DOLLINGER: I'm going to 22 vote with Senator Stachowski on this matter. As 23 I've said on other occasions before this body, 8528 1 what I regard as a disappointing trend, and that 2 is people who represent areas or issues that 3 affect areas which a specific member represents, 4 people don't bother to come and talk. 5 I voted against members for the 6 Greater Rochester Transportation Authority, the 7 last three. They don't bother to come and talk 8 to me. I guess they think they can just talk to 9 some people on some side of the aisle and not 10 bother to come to talk to the people, even 11 though 70 percent of the people who ride on the 12 Transit Authority are my constituents. I regard 13 that as a disappointing trend. I think Senator 14 Stachowski is right. It's just a disappointing 15 approach, whether it's at UB or any place else. 16 I'm voting in the negative. 17 ACTING PRESIDENT MARCELLINO: 18 Gentlemen, ladies, staff, can we please take 19 conversations out of the room. Staff, find your 20 seats. Can we continue to call the roll so we 21 can hear. 22 Thank you. 23 THE SECRETARY: Senator Espada. 8529 1 (There was no response.) 2 Senator Farley. 3 SENATOR FARLEY: Yes. 4 THE SECRETARY: Senator Gold. 5 SENATOR GOLD: Yes. 6 THE SECRETARY: Senator Gonzalez. 7 (There was no response.) 8 Senator Goodman. 9 SENATOR GOODMAN: Yes. 10 THE SECRETARY: Senator Hannon. 11 SENATOR HANNON: Yes. 12 THE SECRETARY: Senator Hoblock. 13 SENATOR HOBLOCK: Yes. 14 THE SECRETARY: Senator Hoffmann. 15 (There was no response.) 16 Senator Holland. 17 SENATOR HOLLAND: Yes. 18 THE SECRETARY: Senator Johnson. 19 (There was no response.) 20 Senator Kruger. 21 SENATOR KRUGER: No. 22 THE SECRETARY: Senator Kuhl. 23 SENATOR KUHL: Aye. 8530 1 THE SECRETARY: Senator Lachman. 2 SENATOR LACHMAN: No. 3 THE SECRETARY: Senator Lack. 4 SENATOR LACK: Aye. 5 THE SECRETARY: Senator Larkin. 6 (There was no response.) 7 Senator LaValle. 8 SENATOR LAVALLE: Explain my 9 vote, Mr. - 10 ACTING PRESIDENT MARCELLINO: 11 Senator LaValle, to explain his vote. 12 SENATOR LAVALLE: Mr. President, 13 I want to compliment Senator Rath because she 14 has worked very hard, very diligent on this bill 15 that is important to her district, her region 16 and has -- really from the time that she 17 received the draft has worked to make changes, 18 to make accommodations so that this bill could 19 be presented in a form that would be presented 20 to us that would be acceptable. 21 It's a shame sometimes when we 22 have processes and there are shortcuts to that 23 process that would taint what might otherwise be 8531 1 a perfect bill, and so I rise to compliment and 2 vote for Senator Rath's bill. 3 I vote in the affirmative. 4 ACTING PRESIDENT MARCELLINO: 5 Senator LaValle will be recorded in the 6 affirmative. 7 Continue the roll call. 8 THE SECRETARY: Senator Leibell. 9 (There was no response.) 10 Senator Leichter. 11 SENATOR LEICHTER: No. 12 THE SECRETARY: Senator Levy. 13 SENATOR LEVY: Aye. 14 THE SECRETARY: Senator Libous. 15 SENATOR LIBOUS: Aye. 16 THE SECRETARY: Senator Maltese. 17 SENATOR MALTESE: Aye. 18 THE SECRETARY: Senator 19 Marcellino. 20 SENATOR MARCELLINO: Aye. 21 THE SECRETARY: Senator Marchi. 22 SENATOR MARCHI: Aye. 23 THE SECRETARY: Senator 8532 1 Markowitz. 2 (There was no response.) 3 Senator Maziarz. 4 SENATOR MAZIARZ: Mr. President. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Maziarz, to explain his vote. 7 SENATOR MAZIARZ: Yes, Mr. 8 President. I just too want to join Sen... in 9 congratulating Senator Rath. I think it's a 10 great bill, and it's unfortunate we have to go 11 through this exercise. I vote aye. 12 Thank you. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Mendez. 15 SENATOR MENDEZ: Explain my vote. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Mendez, to explain her vote. 18 SENATOR MENDEZ: Mr. President, I 19 am supporting this bill because I do understand 20 very well the need for student housing in 21 Buffalo University. On the other hand, I 22 personally resent enormously that the person in 23 charge of government - 8533 1 ACTING PRESIDENT MARCELLINO: 2 Excuse me, Senator. Excuse me. 3 SENATOR MENDEZ: -- that the 4 person in charge of government relations has 5 behaved with such discourtesy towards a member 6 of my Conference. 7 Nevertheless, I do support the 8 bill. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Mendez in the affirmative. 11 Please continue the roll. 12 THE SECRETARY: Senator 13 Montgomery. 14 (There was no response.) 15 Senator Nanula. 16 SENATOR NANULA: No. 17 THE SECRETARY: Senator Nozzolio. 18 SENATOR NOZZOLIO: Aye. 19 THE SECRETARY: Senator Onorato. 20 SENATOR ONORATO: Aye. 21 THE SECRETARY: Senator 22 Oppenheimer. 23 (There was no response.) 8534 1 Senator Padavan. 2 SENATOR PADAVAN: Yes. 3 THE SECRETARY: Senator Paterson. 4 SENATOR PATERSON: No. 5 THE SECRETARY: Senator Present. 6 SENATOR PRESENT: Aye. 7 THE SECRETARY: Senator Rath. 8 SENATOR RATH: Explain my vote. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Rath, to explain her vote. 11 SENATOR RATH: With this being 12 the first piece of legislation that I've had on 13 the floor that asked for a slow roll call, I 14 believe I'm honored that my colleague from the 15 Erie County Legislature is the person that has 16 asked for that slow roll call because it's 17 particularly significant. 18 I think it's significant because 19 when you serve in the Majority, you say some 20 things and do some things. When you serve in 21 the Minority, you say some things and you do 22 some things. When I lefty Erie County, I was a 23 Minority Leader, and I served in Erie County as 8535 1 a Minority for a long, long time. I understand 2 how it is not to have people come to you when 3 there's something that's very important. There 4 was no discourtesy meant. I would like to 5 assure my colleagues that that was not what the 6 circumstance was. 7 There have been a number of times 8 when there have been local bills that have come 9 through that I have reached out to my colleagues 10 in western New York because I felt that there 11 were things that were happening in their 12 district and they weren't hearing about them 13 from anyone else except from me. Informally and 14 casually, they were told about items that they 15 wouldn't have heard about officially until the 16 time to vote came. I don't think that's right. 17 I know how it feels to be in the Minority. 18 I vote yes. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Rath will be recorded in the 21 affirmative. 22 Continue the roll, please. 23 THE SECRETARY: Senator Saland. 8536 1 SENATOR SALAND: Aye. 2 THE SECRETARY: Senator Santiago. 3 (There was no response.) 4 Senator Seabrook. 5 (There was no response.) 6 Senator Sears. 7 SENATOR SEARS: Aye. 8 THE SECRETARY: Senator Seward. 9 SENATOR SEWARD: Yes. 10 THE SECRETARY: Senator Skelos. 11 SENATOR SKELOS: Yes. 12 THE SECRETARY: Senator Smith. 13 (Negative indication) 14 Senator Spano. 15 (There was no response.) 16 Senator Stachowski. 17 SENATOR STACHOWSKI: To explain 18 my vote. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Stachowski, to explain his vote. 21 SENATOR STACHOWSKI: Mr. 22 President, just to make this perfectly clear, I 23 have no trouble with the way Senator Rath has 8537 1 conducted herself in doing this bill. She's 2 always more than gracious, and she lets me know 3 about these projects and talks to us amongst the 4 delegation. 5 The problem with the bill isn't 6 with Senator Rath. It's not with the sponsor. 7 It's with the people that are pushing the bill, 8 if it was such a major bill to them and their 9 number one priority and since I've walked by the 10 people, I'd say three times in the last two 11 weeks -- they said "Hello" very nicely, kept 12 going and I said "Hello" because I didn't know 13 they were up here for any particular reason 14 other than maybe budget items -- I just thought, 15 you know, what would it hurt them to take five 16 minutes out of their time and say, "By the way, 17 this bill is coming together on that housing 18 that we talked about at the luncheon", but they 19 couldn't be bothered. 20 So I guess I'm just trying to 21 make an impression on them that it really 22 wouldn't hurt them just to say, Hey, this is our 23 number one priority. We've worked so hard with 8538 1 Senator Rath's office in putting this together. 2 We finally have it in a form that'll make it 3 happen, and we can do this housing thing in the 4 North Campus, and that'll be great with me 5 because I happen to love the University at 6 Buffalo, but that wasn't the case. 7 So I vote no. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Stachowski will be recorded in the 10 negative. 11 Continue the roll. 12 THE SECRETARY: Senator Stafford. 13 SENATOR STAFFORD: Aye. 14 THE SECRETARY: Senator Stavisky, 15 excused. 16 Senator Trunzo. 17 SENATOR TRUNZO: Yes. 18 THE SECRETARY: Senator Tully. 19 SENATOR TULLY: Aye. 20 THE SECRETARY: Senator Velella. 21 SENATOR VELELLA: Yes. 22 THE SECRETARY: Senator Volker. 23 SENATOR VOLKER: Yes. 8539 1 THE SECRETARY: Senator Waldon. 2 SENATOR WALDON: Explain my vote. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Waldon, to explain his vote. 5 SENATOR WALDON: Mr. President, 6 my colleagues, it is understood that normally 7 when an issue affects the district in which a 8 colleague -- which a colleague represents, I am 9 very reluctant to do anything negative in regard 10 to a vital issue. 11 This is not personal in regard to 12 Senator Rath. I concur with what Senator 13 Stachowski has characterized as her openness and 14 her willingness to work with those of us on this 15 side of the aisle on issues of importance to her 16 district. 17 However, I am incensed that 18 someone who has the stature of Bill Stachowski, 19 who has represented that area for these many 20 years in this chamber and who has an outgoing, 21 gregarious, spirited personality, has a warmth 22 about him that allows even the lobbyists to come 23 to him knowing that they will be well received, 8540 1 to be disrespected, and when you disrespect 2 Stachowski, I believe that you disrespect the 3 entire Democratic Conference, and it is for that 4 reason, the disrespect shown by the lobbyists to 5 Bill Stachowski, that I will stand with him on 6 this issue and I will vote in the no, and I hope 7 that in the future when the votes are closer, 8 when something that will affect his region may 9 need one or two votes to make it, that the 10 lobbyists will remember that they blew it this 11 time in terms of respect for him and maybe 12 they'll come see him the next time. 13 Thank you, Mr. President. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Waldon in the negative. 16 Continue the roll. 17 THE SECRETARY: Senator Wright. 18 SENATOR WRIGHT: Aye. 19 ACTING PRESIDENT MARCELLINO: 20 Would you call the absentees, please. 21 THE SECRETARY: Senator Abate. 22 SENATOR ABATE: Yes. 23 THE SECRETARY: Senator Babbush. 8541 1 (There was no response.) 2 Senator DiCarlo. 3 SENATOR DiCARLO: Aye. 4 THE SECRETARY: Senator Espada. 5 (There was no response.) 6 Senator Gonzalez. 7 (There was no response.) 8 Senator Hoffmann. 9 (There was no response.) 10 Senator Johnson. 11 SENATOR JOHNSON: Aye. 12 THE SECRETARY: Senator Larkin. 13 SENATOR LARKIN: Aye. 14 THE SECRETARY: Senator Leibell. 15 SENATOR LEIBELL: Aye. 16 THE SECRETARY: Senator 17 Markowitz. 18 SENATOR MARKOWITZ: No. 19 THE SECRETARY: Senator 20 Montgomery. 21 (There was no response.) 22 Senator Oppenheimer. 23 SENATOR OPPENHEIMER: Yes. 8542 1 THE SECRETARY: Senator Santiago. 2 (There was no response.) 3 Senator Seabrook. 4 (There was no response.) 5 Senator Spano. 6 (There was no response.) 7 Ayes 42, nays 10. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 Senator Kuhl -- excuse me, 11 Senator. 12 Senator Abate, why do you rise? 13 SENATOR ABATE: Yes. I'd ask for 14 unanimous consent to be recorded in the negative 15 on Calendar Number 1594. 16 ACTING PRESIDENT MARCELLINO: 17 Senator -- without objection, Senator Abate will 18 be recorded in the negative on Calendar Number 19 1594. 20 SENATOR OPPENHEIMER: Mr. 21 President. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Oppenheimer. 8543 1 SENATOR OPPENHEIMER: With 2 unanimous consent, I'd like to be recorded in 3 the negative on the same bill, 1574. 4 ACTING PRESIDENT MARCELLINO: No 5 objection being heard, Senator Oppenheimer will 6 be recorded in the negative on Calendar Number 7 1594, and Senator Nanula as well? 8 SENATOR NANULA: Mr. President, 9 I'd like to request unanimous consent to be 10 recorded in the negative on Calendar Number 258. 11 ACTING PRESIDENT MARCELLINO: I'm 12 sorry. Senator Nanula will be recorded in the 13 negative on Calendar Number 259. Without 14 objection, no objection being heard, it will be 15 done. 16 Senator Kuhl. 17 SENATOR KUHL: Yes, Mr. 18 President. Continuing with bills on that same 19 calendar, Calendar No. 63, on page 16, if the 20 Secretary would call up Calendar Number 718, by 21 Senator Libous. 22 ACTING PRESIDENT MARCELLINO: The 23 Secretary will read. 8544 1 THE SECRETARY: Calendar Number 2 718, by Senator Libous, Senate Print 6899-A, an 3 act to amend the Mental Hygiene Law and the 4 Education Law. 5 SENATOR KUHL: Mr. President, is 6 there a message of necessity at the desk? 7 ACTING PRESIDENT MARCELLINO: 8 There is, Senator Kuhl. 9 SENATOR KUHL: I'd move we accept 10 the message of necessity. 11 ACTING PRESIDENT MARCELLINO: On 12 the motion to accept the message of necessity, 13 all those in favor signify by saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The message is accepted. 18 The Secretary will read the last 19 section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 8545 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 54. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 SENATOR KUHL: Mr. President. 6 ACTING PRESIDENT MARCELLINO: 7 Yes, Senator Kuhl. 8 SENATOR KUHL: Would you 9 recognize Senator Spano. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Spano, why do you rise? 12 SENATOR SPANO: Mr. President, 13 had I been in the chamber, I would have voted in 14 the affirmative on Calendar 1580. 15 ACTING PRESIDENT MARCELLINO: The 16 record will so indicate. 17 SENATOR SPANO: Thank you. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Mendez, why do you rise? 20 SENATOR MENDEZ: Mr. President, I 21 want the record to show that yesterday if I 22 would have been in the chamber when the vote was 23 taken on Bill Number -- Calendar Number 1529, I 8546 1 would have voted in the negative. 2 ACTING PRESIDENT MARCELLINO: The 3 record will so show. 4 SENATOR MENDEZ: Thank you. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Kuhl. 7 SENATOR KUHL: Yes, Mr. 8 President. Can we now move to Supplemental 9 Calendar Number 1, go to page 2, and would you 10 have the Secretary call up Calendar Number 1611, 11 by Senator Velella. 12 ACTING PRESIDENT MARCELLINO: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1611, by Senator Velella, Senate Print 6728-B, 16 an act to amend the Insurance Law, in relation 17 to authorizing fraternal benefit societies. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Kuhl. 20 SENATOR KUHL: Mr. President, is 21 there a message of necessity at the desk? 22 ACTING PRESIDENT MARCELLINO: 23 There is, sir. 8547 1 SENATOR KUHL: I'd move we accept 2 the message of necessity. 3 ACTING PRESIDENT MARCELLINO: On 4 the motion to accept the message of necessity, 5 all in favor signify by saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The message is accepted. 10 The Secretary will read the last 11 section. 12 THE SECRETARY: Section 13. This 13 act shall take effect January 1. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 54. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 Senator Kuhl. 21 SENATOR KUHL: Mr. President, if 22 we may stay on the same calendar, Calendar 23 Supplemental 1, move to page 3, can we have the 8548 1 Secretary call up Calendar Number 1621, by 2 Senator Stafford. 3 ACTING PRESIDENT MARCELLINO: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1621, by Senator Stafford, Senate Print 7711-A, 7 an act to legalize, ratify and confirm the acts 8 and proceedings. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Kuhl. 11 SENATOR KUHL: Yes, Mr. 12 President. Is there a message of necessity at 13 the desk? 14 ACTING PRESIDENT MARCELLINO: 15 There is, sir. 16 SENATOR KUHL: I'd move we accept 17 the message of necessity. 18 ACTING PRESIDENT MARCELLINO: On 19 the motion to accept the message of necessity, 20 all in favor signify by saying aye. 21 (Response of "Aye".) 22 Opposed, nay. 23 (There was no response.) 8549 1 The message is accepted. 2 The Secretary will read the last 3 section. There is a local fiscal impact 4 statement on file. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 53. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 Senator Kuhl, what is your 14 pleasure? 15 SENATOR KUHL: Yes, Mr. 16 President. Would you recognize Senator Spano, 17 please. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Spano. 20 SENATOR SPANO: Mr. President, 21 I'd like to be recorded in the negative on 22 Calendar 1631. 23 ACTING PRESIDENT MARCELLINO: 8550 1 Senator Spano will be recorded in the negative 2 without objection on Calendar Number 1631. 3 SENATOR VELELLA: Mr. President. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Velella. 6 SENATOR VELELLA: I also was out 7 of the chamber when that bill was called and 8 would also like to be recorded in the negative 9 on Calendar Number 1631. 10 ACTING PRESIDENT MARCELLINO: It 11 shall be done, sir, without objection. 12 Senator Kuhl. 13 SENATOR KUHL: Yes, Mr. 14 President, again on Supplemental Calendar Number 15 2, move back to page 2. There was a bill that 16 was previously laid aside, Calendar Number 1615 17 because Senator Leichter was out of the 18 chamber. Could we call that bill up now. 19 ACTING PRESIDENT MARCELLINO: We 20 will call that very worthy bill up now. 21 The Secretary will read the last 22 section. 23 THE SECRETARY: Calendar Number 8551 1 1615, by Senator Marcellino, Senate Print 2 7401-A, an act to amend the General Municipal 3 Law, in relation to authorizing. 4 SENATOR KUHL: Would you read the 5 last section. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 SENATOR HOFFMANN: Mr. President. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Hoffmann. 19 SENATOR HOFFMANN: I was out of 20 the chamber when Calendar 1594 was called up. 21 I'd request unanimous consent to be recorded in 22 the negative. 23 ACTING PRESIDENT MARCELLINO: 8552 1 Without objection, you will be recorded in the 2 negative. 3 SENATOR HOFFMANN: Thank you. 4 ACTING PRESIDENT MARCELLINO: 5 None being heard, it will be done. 6 Senator Kuhl -- I'm sorry. 7 Senator Levy. 8 SENATOR LEVY: Yes, Mr. 9 President. On behalf of Senator Sears, he 10 wishes to call up Print Number 1177-B, recalled 11 from the Assembly which is now at the desk. 12 ACTING PRESIDENT MARCELLINO: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 1089, by Senator Sears, Senate Print 1177-B, an 16 act to amend the Criminal Procedure Law and the 17 Education Law. 18 SENATOR LEVY: Senator Sears 19 wishes to have the vote reconsidered on this 20 bill. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll on reconsideration, please. 23 (The Secretary called the roll on 8553 1 reconsideration.) 2 THE SECRETARY: Ayes 55. 3 SENATOR LEVY: On behalf of 4 Senator Sears, I'd hand up the following 5 amendments. 6 Thank you very much. 7 ACTING PRESIDENT MARCELLINO: The 8 amendments are received. 9 Senator Spano. 10 SENATOR SPANO: Mr. President, on 11 Calendar 1631, I had asked to be recorded in the 12 negative. I would like to be recorded in the 13 affirmative on 1631, and on Calendar 1594, 14 please have me recorded in the negative. 15 ACTING PRESIDENT MARCELLINO: 16 Without objection, we'll do exactly what you 17 said. 18 Senator Velella. 19 SENATOR VELELLA: Having relied 20 on my distinguished colleague for the calendar 21 number that I wished to vote on in the negative, 22 I have now checked the calendar and realized 23 that 1631, I wish to be recorded in the 8554 1 affirmative, and I had gotten some wrong 2 information and would like to be recorded in the 3 negative on 1594, and it was the last time I 4 will depend on one of my colleagues to give me a 5 calendar number. 6 ACTING PRESIDENT MARCELLINO: 7 Without objection, that's what happens when you 8 rely on those Northerners. 9 Senator Seabrook -- I'm sorry - 10 Senator Kuhl. 11 SENATOR KUHL: Is there any 12 housekeeping at the desk? 13 ACTING PRESIDENT MARCELLINO: Do 14 we have a broom? No, sir. 15 SENATOR KUHL: Well, then, the - 16 ACTING PRESIDENT MARCELLINO: May 17 we please have some order. It's a little 18 confusing in here right now. 19 SENATOR KUHL: Mr. President, we 20 have at this moment done as much as we can do. 21 We have done every bill that's live on Calendar 22 No. 63. We have done every bill that's live and 23 able to be done on Supplemental Calendar Number 8555 1 1. We do have, I believe, some additional work 2 being done in the background to arrange for more 3 bills but in the meantime, we have a number of 4 bills which are high on our calendars, and at 5 the moment what is holding us up is the lack of 6 messages from the second floor to be able to do 7 those. 8 So at this time we will have to 9 stand at ease momentarily until messages arrive 10 from the second floor. When those arrive and as 11 they do arrive, we will continue to do those 12 bills which are marked high on our calendars. 13 ACTING PRESIDENT MARCELLINO: The 14 Senate will stand at ease pending the receipt of 15 messages from the second floor. 16 The Chair would ask all members 17 to be at hand so that we can call you back 18 immediately and promptly, to do the bills at 19 hand. The Senate is at ease. 20 (Whereupon, the Senate stood at 21 ease from 2:14 p.m. until 2:25 p.m.) 22 ACTING PRESIDENT KUHL: The 23 Senate will come to order. Ask the members to 8556 1 find their places, the staff to find their 2 places, please, so that Senator Skelos can be 3 heard. 4 The Chair recognizes Senator 5 Skelos. 6 SENATOR SKELOS: Mr. President 7 and Senator Gold, we have not received any 8 messages yet, so there will be an immediate 9 meeting of the Rules Committee in Room 332 of 10 the Capitol and the Senate will stand at ease 11 pending the receipt of a message or the Rules 12 report. 13 ACTING PRESIDENT KUHL: There 14 will be an immediate meeting of the Rules 15 Committee in the Majority Conference Room, Room 16 332. Immediate meeting of the Rules Committee, 17 Majority Conference Room, Room 332. The Senate 18 continues to stand at ease. 19 (The Senate stood at ease.) 20 21 22 23 8557 1 (Whereupon, at 2:36 p.m., the 2 Senate reconvened.) 3 ACTING PRESIDENT KUHL: Senate 4 will come to order. Ask the members to find 5 their places. 6 Senator Marcellino, the messages 7 are arriving. The Chair recognizes Senator 8 Marcellino. 9 SENATOR MARCELLINO: Mr. 10 President, I believe we have a report of the 11 Rules Committee at the desk. If we do, can we 12 have that read and move to have it accepted? 13 ACTING PRESIDENT KUHL: We do 14 have a report of the Rules Committee at the 15 desk. 16 We will return to the order of 17 reports of standing committees. 18 I'll ask the Secretary to read 19 the Rules report. 20 THE SECRETARY: Senator Bruno, 21 from the Committee on Rules, offers up the 22 following bills directly for third reading: 23 6628A, by Senator Goodman, an act 8558 1 to amend the Real Property Law; 2 7744, by Senator Padavan, an act 3 to amend the Retirement and Social Security Law; 4 7780, by Senator Goodman, an act 5 to amend Chapter 912 of the Laws of 1920; 6 7786, by Senator Stafford, an act 7 to amend the Tax Law; 8 7860, by the Committee on Rules, 9 an act making an appropriation for capital 10 projects liabilities; and 11 7861, by the Committee on Rules, 12 an act making appropriations for June payments 13 to school districts. 14 All bills directly for third 15 reading. 16 SENATOR MARCELLINO: We move the 17 report be accepted. 18 ACTING PRESIDENT KUHL: The 19 motion is to accept the report of the Rules 20 Committee. 21 All those in favor, signify by 22 saying aye. 23 (Response of "Aye.") 8559 1 Opposed nay. 2 (Response of "Nay.") 3 The report of the Rules Committee 4 is accepted. 5 SENATOR GOLD: Sounds like a 6 tie. 7 ACTING PRESIDENT KUHL: Chair 8 recognizes Senator Marcellino. 9 SENATOR MARCELLINO: I believe 10 there is a resolution by Senator Kuhl. I ask 11 that its title be read and move it be adopted. 12 ACTING PRESIDENT KUHL: There is 13 a privileged resolution. 14 Return to the order of motions 15 and resolutions. 16 The Secretary will read the title 17 to the privileged resolution which is at the 18 desk. 19 THE SECRETARY: By Senator Kuhl, 20 Legislative Resolution, commending Keith 21 Cartwright of Elmira, New York, for his heroic 22 action in saving the life of another and for 23 successfully extinguishing a structural fire. 8560 1 ACTING PRESIDENT KUHL: The 2 question is on the resolution. 3 All those in favor, signify by 4 saying aye. 5 (Response of "Aye.") 6 Opposed, nay. 7 (There was no response.) 8 The resolution is adopted. 9 Senator Marcellino. 10 SENATOR MARCELLINO: Mr. 11 President, we would like to re-call Calendar 12 Number 343 from the original calendar of today. 13 Calendar Number 343. 14 ACTING PRESIDENT KUHL: We're on 15 Calendar No. 63, the original calendar of the 16 day. I'll ask the Secretary to read Calendar 17 Number 343, Senate 6004A, by Senator Leibell. 18 THE SECRETARY: Calendar Number 19 343, by Senator Leibell, Senate Print 6004B, an 20 act to amend the Insurance Law, in relation to 21 expanding provisions. 22 ACTING PRESIDENT KUHL: Senator 23 Marcellino. 8561 1 SENATOR MARCELLINO: Mr. 2 President, I believe there is a message of 3 necessity at the desk. 4 ACTING PRESIDENT KUHL: There is 5 a message of necessity at the desk. 6 SENATOR MARCELLINO: I move that 7 it be accepted. 8 ACTING PRESIDENT KUHL: The 9 motion is to accept the message of necessity on 10 Calendar Number 343. 11 All those in favor signify by 12 saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (Response of "Nay.") 16 The message is accepted. 17 SENATOR PATERSON: Explanation. 18 ACTING PRESIDENT KUHL: Senator 19 Leibell, an explanation of Calendar Number 343, 20 has been requested by Senator Paterson. 21 SENATOR LEIBELL: Mr. President, 22 this bill expands provisions relating to insur 23 able interest by allowing certain charitable, 8562 1 educational or religious corporations that are 2 not-for-profits to procure or cause to be 3 procured a contract of life insurance upon the 4 person of another and may designate itself as 5 the beneficiary of such contract. 6 ACTING PRESIDENT KUHL: Senator 7 Paterson. 8 SENATOR PATERSON: Mr. President, 9 we can speed this up really quickly if Senator 10 Leibell will yield for just a quick question. 11 ACTING PRESIDENT KUHL: Senator 12 Leibell, do you yield to Senator Paterson? 13 SENATOR LEIBELL: Yes, I do. 14 ACTING PRESIDENT KUHL: The 15 Senator yields. 16 SENATOR PATERSON: How does this 17 bill differ from the "A" print? 18 SENATOR LEIBELL: There is a 19 five-year sunset. This has been negotiated with 20 the Assembly. There is a five-year sunset in 21 this bill, and that's the only difference, 22 Senator. 23 SENATOR PATERSON: Very well. 8563 1 Thank you, Senator. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 55. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Marcellino. 13 SENATOR MARCELLINO: Mr. 14 President, can we stay on that very same 15 Calendar No. 63, and read Calendar Number 623. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read Calendar Number 623, by 18 Senator Saland, Senate Print 6028A. 19 THE SECRETARY: Calendar Number 20 623, by Senator Saland, Senate Print 6028A, an 21 act to amend the Criminal Procedure Law, in 22 relation to mandatory arrests. 23 ACTING PRESIDENT KUHL: Senator 8564 1 Marcellino. 2 SENATOR MARCELLINO: I believe 3 there is a message of necessity at the desk, 4 sir. 5 ACTING PRESIDENT KUHL: There is 6 a message of necessity at the desk, sir. 7 SENATOR MARCELLINO: I move that 8 the message be accepted. 9 ACTING PRESIDENT KUHL: The 10 motion is to accept the message of necessity on 11 Calendar Number 623. 12 All those in favor, signify by 13 saying aye. 14 (Response of "Aye.") 15 Opposed, nay. 16 (There was no response.) 17 The message is accepted. 18 The Secretary will read the last 19 section. 20 THE SECRETARY: Section 3. This 21 act shall take effect in 90 days. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 8565 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 55. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Marcellino. 6 SENATOR MARCELLINO: Mr. 7 President, can we call up Calendar Number 1180, 8 please? 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the title of Calendar Number 11 1180. 12 THE SECRETARY: Calendar Number 13 1180, by Senator Larkin, Senate Print 5786A, an 14 act to amend the Not-For-Profit Corporation Law. 15 ACTING PRESIDENT KUHL: Senator 16 Marcellino. 17 SENATOR MARCELLINO: Yes, Mr. 18 President. I believe you have a message of 19 necessity at the desk on this particular piece 20 of legislation. 21 ACTING PRESIDENT KUHL: There is, 22 Senator Marcellino. 23 SENATOR MARCELLINO: Mr. 8566 1 President, I move that the message be accepted, 2 please. 3 ACTING PRESIDENT KUHL: The 4 motion is to accept the message of necessity on 5 Calendar Number 1180. 6 All those in favor, signify by 7 saying aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The message is accepted. 12 Secretary will read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 30th day. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 55. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 Senator Marcellino. 23 SENATOR MARCELLINO: One moment, 8567 1 sir. 2 (Whereupon, there was a pause in 3 the proceedings.) 4 SENATOR MARCELLINO: Mr. 5 President. 6 ACTING PRESIDENT KUHL: Senator 7 Marcellino. 8 SENATOR MARCELLINO: May we have 9 a noncontroversial reading of the supplemental 10 active list for Friday, June 14, which is on all 11 the members' desks at this moment? 12 Supplemental active list. 13 ACTING PRESIDENT KUHL: For the 14 benefit of the members, we're still on Calendar 15 No. 63, the basic calendar which has been 16 provided for you for the day. There is a 17 supplemental active list which has been provided 18 on your desk. 19 The first bill on the supplement 20 al active list is Calendar Number 410. I ask 21 the Secretary to read the noncontroversial 22 reading of the supplemental active list on 23 Calendar No. 63. 8568 1 THE SECRETARY: Calendar Number 2 410, by Senator Wright, Senate Print 6300B, an 3 act to amend the Mental Hygiene Law. 4 ACTING PRESIDENT KUHL: Senator 5 Marcellino. 6 SENATOR MARCELLINO: Is there a 7 message of necessity at the desk, sir? 8 ACTING PRESIDENT KUHL: There is 9 a message of necessity at the desk, Senator 10 Marcellino. 11 SENATOR MARCELLINO: I move that 12 we accept it. 13 ACTING PRESIDENT KUHL: The 14 motion is to accept the message of necessity on 15 Calendar Number 410. 16 All those in favor, signify by 17 saying aye. 18 (Response of "Aye.") 19 Opposed, nay. 20 (There was no response.) 21 The message is accepted. 22 The Secretary will read the last 23 section. 8569 1 THE SECRETARY: Section 3. 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 55. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 579, by Senator Skelos, Senate Print 5730C, an 11 act to amend the General Business Law. 12 SENATOR PATERSON: Lay it aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 918, by Member of the Assembly Weisenberg, 17 Assembly Print 1311C, an act to amend the 18 Education Law. 19 SENATOR STACHOWSKI: Lay it 20 aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 8570 1 1053, by Member of the Assembly Weprin, Assembly 2 Print 4728C, an act to amend the Estates, Powers 3 and Trusts Law. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 55. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 The Secretary will read the title 15 of Calendar Number 918. 16 THE SECRETARY: Calendar Number 17 918, by Member of the Assembly Weisenberg, 18 Assembly Print 1311C, an act to amend the 19 Education Law. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8571 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 55. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 The Secretary will continue to 8 call the noncontroversial reading of 9 supplemental active list. The next bill is 10 Calendar Number 1391, by Senator Marcellino. 11 THE SECRETARY: Calendar Number 12 1391, by Senator Marcellino, Senate Print 7355A, 13 an act to amend the Environmental Conservation 14 Law, in relation to requirements under the 15 federal Clean Air Act. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 6. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 SENATOR PATERSON: Mr. President. 8572 1 ACTING PRESIDENT KUHL: Senator 2 Paterson, why do you rise? 3 SENATOR PATERSON: May we lay 4 that bill aside, please? 5 ACTING PRESIDENT KUHL: Calendar 6 Number 1391 will be laid aside at the request of 7 the Acting Minority Leader, Senator Paterson. 8 The Secretary will continue to 9 call the noncontroversial reading. 10 THE SECRETARY: Calendar Number 11 1487, by Senator Hannon, Senate Print 6615A, an 12 act to amend Chapter 535 of the Laws of 1983. 13 SENATOR PATERSON: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 Senator Marcellino. 17 SENATOR MARCELLINO: Mr. 18 President, may we have a reading of the 19 controversial - 20 ACTING PRESIDENT KUHL: For the 21 benefit of the members, we are on Calendar 22 Number 1487, which is on the supplemental active 23 list. It's on the regular calendar. It has 8573 1 been called up. 2 I'll ask the Secretary to read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 55. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 The Chair recognizes Senator 13 Marcellino. 14 SENATOR MARCELLINO: Mr. 15 President, if we can have one moment. We have 16 to check a couple of things. 17 ACTING PRESIDENT KUHL: Senator 18 Marcellino. 19 SENATOR MARCELLINO: Mr. 20 President, can we go to the Supplemental 21 Calendar No. 2, which is at the desk, and take 22 up Calendar Number 1636? 23 ACTING PRESIDENT KUHL: For the 8574 1 benefit of the members, we're moving to 2 Supplemental Calendar -- Supplemental Calendar 3 -- the calendar that has just been distributed 4 out to your desk. The bills are on your desk, 5 also. We're going to go, on page 1, down to 6 Calendar Number 1636, a Rules bill, Senate Print 7 7860. 8 I'll ask the Secretary to read. 9 THE SECRETARY: Calendar Number 10 1636, by the Committee on Rules, Senate Print 11 7860, an act making appropriations for capital 12 projects liabilities. 13 ACTING PRESIDENT KUHL: Senator 14 Marcellino. 15 SENATOR MARCELLINO: Mr. 16 President, is there a message of necessity at 17 the desk? 18 ACTING PRESIDENT KUHL: There is 19 a message of necessity and appropriation at the 20 desk. 21 SENATOR MARCELLINO: I appreciate 22 the correction, and I move that both the message 23 of necessity and appropriation be accepted. 8575 1 ACTING PRESIDENT KUHL: The 2 motion is to accept the message of necessity and 3 appropriation on Calendar Number 1636. 4 All those in favor of the motion, 5 signify by saying aye. 6 (Response of "Aye.") 7 Opposed, nay. 8 (There was no response.) 9 Secretary will read the last 10 section. 11 THE SECRETARY: Section 5. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Marcellino. 20 SENATOR MARCELLINO: Mr. Presi 21 dent, on the same calendar, Senate Supplemental 22 Calendar No. 2, may we take up Bill Number 23 1637? 8576 1 ACTING PRESIDENT KUHL: Same 2 calendar, same page, Calendar Number 1637, Rules 3 Print 7861. 4 I ask the Secretary to read. 5 THE SECRETARY: Calendar 1637, by 6 the Committee on Rules, Senate Print 7861, an 7 act making appropriation for June payments to 8 school districts. 9 ACTING PRESIDENT KUHL: Senator 10 Marcellino. 11 SENATOR MARCELLINO: Is there a 12 message of necessity and appropriation on the 13 bill at the desk? 14 ACTING PRESIDENT KUHL: There is 15 a message of necessity and appropriation at the 16 desk. 17 SENATOR MARCELLINO: I move we 18 accept both messages. 19 ACTING PRESIDENT KUHL: The 20 motion is to accept the message of necessity and 21 appropriation on Calendar Number 1637. 22 All those in favor, signify by 23 saying aye. 8577 1 (Response of "Aye.") 2 Opposed, nay. 3 (There was no response.) 4 The message is accepted. 5 The Secretary will read the last 6 section. 7 THE SECRETARY: Section 7. 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 55. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 Senator Marcellino. 16 SENATOR MARCELLINO: Mr. 17 President, may we stay on Senate Supplemental 18 Calendar No. 2 and read in the regular order? 19 ACTING PRESIDENT KUHL: We are on 20 the same calendar, Supplemental Calendar No. 2. 21 I'll ask the Secretary to read the noncontrover 22 sial reading, beginning with Calendar Number 23 1632, by Senator Goodman. 8578 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 1632. Senator Goodman moves to discharge from 4 the Committee on Rules Assembly Bill 10588A and 5 substitute it for the identical Senate Bill 6 6628A. 7 ACTING PRESIDENT KUHL: 8 Substitution is ordered. 9 Secretary will read the title. 10 THE SECRETARY: Calendar Number 11 1632, by the Assembly Committee on Rules, 12 Assembly Print 10588A, an act to amend the Real 13 Property Law and the Real Property Tax Law. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 55. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 8579 1 THE SECRETARY: Calendar Number 2 1633, by Senator Padavan, Senate Print 7744, an 3 act to amend the Retirement and Social Security 4 Law. 5 ACTING PRESIDENT KUHL: The bill 6 is high. Lay the bill aside. 7 THE SECRETARY: Calendar Number 8 1634, by Senator Goodman, Senate Print 7780, an 9 act to amend Chapter 912 of the Laws of 1920. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect in 120 days. 14 SENATOR STACHOWSKI: Lay it 15 aside. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside at the request of Senator Stachowski. 18 THE SECRETARY: Calendar Number 19 1635, by Senator Stafford, Senate Print 7786, an 20 act to amend the Tax Law. 21 ACTING PRESIDENT KUHL: The bill 22 is high. Lay the bill aside. 23 SENATOR MARCELLINO: Mr. 8580 1 President, can we call up Bill 1634? 2 ACTING PRESIDENT KUHL: For the 3 benefit of the members, we're on Supplemental 4 Calendar No. 2, page 1. 5 I ask the Secretary to read the 6 title to Calendar Number 1634, Senate Print 7 7780, by Senator Goodman. 8 THE SECRETARY: Calendar Number 9 1634, by Senator Goodman, Senate Print 7780, an 10 act to amend Chapter 912 of the Laws of 1920, 11 relating to allowing and regulating boxing, 12 sparring and wrestling matches. 13 SENATOR STACHOWSKI: Explanation. 14 ACTING PRESIDENT KUHL: Senator 15 Goodman, an explanation of Calendar Number 1634 16 has been requested by Senator Stachowski. 17 SENATOR GOODMAN: Mr. President, 18 this bill emanates from an investigation by the 19 Senate Investigations Committee of a new form of 20 combative contest known, broadly speaking, as 21 "ultimate fighting" or "battlecade". This is a 22 contest in which two contestants are placed - 23 I gather we need a little order, 8581 1 Mr. President. 2 The contestants are placed in an 3 octagonal-shaped ring, and they are allowed to 4 battle one another without any limitations of 5 time -- in other words, there are no rhymes in 6 the contest -- until one of them has either 7 choked the other into unconsciousness or has 8 pummeled him to the point where his face looks 9 something like the chopped meat you would see in 10 a butcher case in a store, in which blood oozes 11 from your chopped meat. 12 In short, this is an 13 extraordinarily unique form of contest which it 14 is generally agreed at this point requires 15 regulation, so the thrust of this bill is to 16 place it under the aegis of the State Athletic 17 Commission, which at the moment has no control 18 over these bouts, and will enable them to use 19 their discretion in bringing about an 20 appropriate set of rules and regulations which 21 will prevent these fights from inflicting 22 extraordinary injury on the contestants. 23 ACTING PRESIDENT KUHL: Senator 8582 1 Stachowski. 2 SENATOR STACHOWSKI: Mr. 3 President, will Senator Goodman yield for a 4 question? 5 SENATOR GOODMAN: Yes, I will. 6 ACTING PRESIDENT KUHL: The 7 Senator yields. 8 SENATOR STACHOWSKI: So the 9 essence of this bill is merely to put it under 10 the Athletic Commission, and they will develop a 11 set of rules and regulations, and then they will 12 be able to have these ultimate fights if some 13 promoter so desired to have them in any city in 14 New York? 15 SENATOR GOODMAN: That is 16 correct. 17 SENATOR STACHOWSKI: Explana 18 tion's satisfactory. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect in 120 days. 23 ACTING PRESIDENT KUHL: Call the 8583 1 roll. 2 (The Secretary called the roll.) 3 SENATOR LAVALLE: (Indicating.) 4 THE SECRETARY: Ayes 55. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 Senator Marcellino. 8 SENATOR MARCELLINO: Mr. 9 President, can we take up Calendar Number 1599 10 on the original active list? 11 ACTING PRESIDENT KUHL: Senator 12 LaValle, was it your intention to vote in the 13 negative on the last calendar that was called, 14 1634, by Senator Goodman? 15 SENATOR LAVALLE: Yes, it was. 16 ACTING PRESIDENT KUHL: Without 17 objection, hearing no objection, Senator LaValle 18 will be recorded in the negative. 19 Similar request, Senator 20 Hoffmann. Without objection, hearing no 21 objection, Senator Hoffmann will be recorded in 22 the negative on Calendar Number 1634. 23 We'll go to the original 8584 1 calendar, Calendar No. 63, page 42, Calendar 2 Number 1599, Senate Print 7826, a bill by 3 Senator Seward. I will ask the Secretary to 4 read the title. 5 THE SECRETARY: Calendar Number 6 1599, by Senator Seward, Senate Print 7826, an 7 act to amend the Public Service Law and the 8 Uniform Commercial Code. 9 ACTING PRESIDENT KUHL: Senator 10 Marcellino. 11 SENATOR MARCELLINO: Mr. 12 President, is there a message of necessity at 13 the desk? 14 ACTING PRESIDENT KUHL: There is 15 a message of necessity at the desk, Senator 16 Marcellino. 17 SENATOR MARCELLINO: I move we 18 adopt it. 19 ACTING PRESIDENT KUHL: The 20 motion is to accept the message of necessity on 21 Calendar Number 1599. 22 All those in favor, signify by 23 saying aye. 8585 1 (Response of "Aye.") 2 Opposed, nay. 3 (There was no response.) 4 Message is accepted. 5 Secretary will read the last 6 section. 7 ACTING PRESIDENT KUHL: Senator 8 Seward, an explanation of Calendar Number 1599 9 has been requested - 10 SENATOR SEWARD: Yes, Mr. 11 President. 12 ACTING PRESIDENT KUHL: -- by 13 multiple intervenors. 14 SENATOR SEWARD: Pardon me? 15 Mr. President, this bill 16 establishes a financing mechanism through which 17 electric rates could be reduced as a result of 18 lower cost financing of certain intangible 19 utility assets, such things as IPP contracts, 20 demand side management programs, environmental 21 remediation programs, things of that sort. 22 The bill authorizes utilities, on 23 a voluntary basis, I would point out, to present 8586 1 a rate reduction plan to the Public Service 2 Commission for approval using this law, and that 3 plan would propose raising from a level of an 4 expectation to a level of an actual property 5 right, these intangible assets belonging to the 6 utility, and under the proposed law the 7 Commission would be required to review the plan, 8 determining that significant ratepayer savings 9 would result as a precondition of accepting the 10 plan -- and that's written right into the bill 11 -- and approve the plan as a whole or in part. 12 So, in return for this, the 13 Commission, under the bill, would be authorized 14 to obtain certain concessions from the utility, 15 and while such concessions are left to the 16 discretion of the PSC to work out on a 17 case-by-case basis, examples could be multi-year 18 rate reductions or a writedown of a portion of 19 the utility's stranded costs. 20 This is a temporary measure. 21 This bill would expire at the end of the year in 22 the year 2000. It would provide lower rates in 23 a bridge to competition through this financing 8587 1 mechanism. 2 ACTING PRESIDENT KUHL: Senator 3 Paterson. 4 SENATOR PATERSON: Mr. President, 5 it seems from this legislation that the con 6 sumers are going to have to pay for it, and in 7 projects such as the Shoreham power plant, you'd 8 wonder why the consumers would have to do it 9 rather than the rate -- shareholders. 10 And so if you had a situation 11 like the Shoreham plant, does this guarantee 12 that there would be a charge-back to the 13 consumer? If the Senator would yield for an 14 answer to that question. 15 SENATOR SEWARD: Mr. President, I 16 would respond to Senator Paterson this way: 17 Quite the contrary, Senator. This plan would - 18 under a provision in the bill, would be -- would 19 have to result in a significant rate reduction 20 before the plan would be approved by the PSC. 21 There would be no other option. This would not 22 benefit the stockholder. This is benefiting the 23 ratepayer specifically under the bill, because 8588 1 under this mechanism it would provide lower cost 2 financing for some of these so-called intangible 3 assets of the utility. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Mr. President, 7 just to summarize and maybe try to truncate the 8 process a little bit. 9 What this bill means, as far as 10 we're concerned, is that the consumer is going 11 to get back, really, pennies for a tremendous 12 amount of money that's going to have to be paid 13 into the system, and we don't think that it's 14 going to inure to the benefit of the consumers 15 who are the ratepayers in this particular 16 circumstance. 17 SENATOR LEICHTER: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Leichter. 20 SENATOR LEICHTER: Yes, Mr. 21 President. 22 I'm not sure, under this bill, 23 Senator Paterson, that the consumer will get 8589 1 back even pennies. The irony of this bill and, 2 I submit, its inherent contradiction is that it 3 promises lower costs to the ratepayers but in 4 order to get those lower costs, you are going to 5 have to pay an enormous amount because the 6 ratepayers are the ones that are going to have 7 to pick up all of these various capital costs, 8 the so-called stranded costs, and all of that is 9 going to be passed on to the ratepayer, and what 10 I think is objectionable is that none of that is 11 borne by the utility itself or the shareholders. 12 So I don't see where the benefit 13 is to the ratepayer. In fact, very likely, this 14 is going to increase costs. Certainly, 15 initially, it's going to increase costs. 16 I would be extremely wary of this 17 bill. This is at best -- well, I won't say at 18 best, but I think this is a Trojan horse. 19 ACTING PRESIDENT KUHL: Senator 20 Dollinger. 21 SENATOR DOLLINGER: Will Senator 22 Seward yield to a question? 23 ACTING PRESIDENT KUHL: Senator 8590 1 Seward, do you yield to a question from Senator 2 Dollinger? 3 SENATOR SEWARD: Certainly. 4 ACTING PRESIDENT KUHL: The 5 Senator yields. 6 SENATOR DOLLINGER: I know, 7 Senator, the stranded cost is a critically 8 important one as utilities face competition. I 9 know your longstanding concern on this issue. 10 But just so I make sure I 11 understand it, this bill says that if utilities 12 can use another borrowing method to reduce their 13 borrowing costs, that is a benefit to the 14 ratepayers because there's less cost going into 15 the rate. Is that correct? 16 SENATOR SEWARD: That's basically 17 correct, yes. 18 SENATOR DOLLINGER: Then they 19 would get a qualified order -- a qualified rate 20 order, which would establish the ability of the 21 utility to pass the stranded costs on to the 22 ratepayers but at a lower borrowing rate. Is 23 that correct? 8591 1 SENATOR SEWARD: Well, Mr. 2 President, it is difficult at this point in time 3 to say exactly what would happen because the 4 Public Service Commission would deal with these 5 plans on a case-by-case basis. So we are not, 6 under this bill, setting up a specific scenario 7 that would cover every situation. We are 8 setting up the mechanism so that determinations 9 such as the one that you have outlined could be 10 possible, but it is done on a case-by-case 11 basis. It would have to be approved by the 12 Public Service Commission. We are merely 13 setting up the mechanism for it to happen. 14 But the bottom line is this: By 15 securing all or part of these so-called in 16 tangible assets, the utilities would be able to 17 borrow capital at a much lower financing cost 18 and those savings would be transferred to the 19 ratepayer in the form of lower electric rates. 20 SENATOR DOLLINGER: Again, 21 through you, Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Seward, do you continue to yield? 8592 1 SENATOR DOLLINGER: If Senator 2 Seward would continue to yield. 3 SENATOR SEWARD: Yes. 4 ACTING PRESIDENT KUHL: The 5 Senator continues to yield. 6 SENATOR DOLLINGER: As I 7 understand it, under current law, the issue of 8 who would pay the stranded cost is an issue that 9 would be resolved by the PSC in a fashion in 10 which, assuming after a full proceeding, the PSC 11 would make some allocation of those stranded 12 costs to be paid by ratepayers and some other 13 allocation to be paid by stockholders or 14 shareholders of the utility companies. Is that 15 correct? 16 SENATOR SEWARD: Well, Senator, 17 this legislation is merely a supplemental tool. 18 It will not replace what the current decision 19 making process is on these types of issues. 20 This merely provides an additional option for 21 dealing with this very expensive problem, which 22 now, incidentally, the ratepayer is already 23 paying for. 8593 1 SENATOR DOLLINGER: Right, a very 2 substantial - 3 SENATOR SEWARD: We're attempting 4 to provide a manner in which the ratepayer would 5 be paying less. 6 SENATOR DOLLINGER: But what - 7 again, through you, Mr. President. 8 ACTING PRESIDENT KUHL: Senator 9 Seward, do you continue to yield? 10 SENATOR SEWARD: Yes. 11 ACTING PRESIDENT KUHL: The 12 Senator continues to yield. 13 SENATOR DOLLINGER: What I'm 14 trying to understand is that under a current 15 proceeding, the issue of what cost goes into the 16 rates includes some portion of the stranded 17 costs, the intangible assets, because the PSC in 18 sitting down and trying to figure out what the 19 rate will be says, "A certain portion of that 20 we're going to allow to be charged to the rate, 21 and a certain portion of that we're going to 22 just not allow to be charged in the rate, and 23 the stockholders and shareholders will have to 8594 1 pick up that additional cost." 2 Is that correct? It's done in a 3 full proceeding where the PSC looks at the cost 4 of the asset and the management decisions that 5 go into these assets and all the factors that 6 the PSC would have to look at in trying to 7 apportion how much of the cost -- the stranded 8 cost is going to be paid for by the ratepayer 9 versus how much is just going to be left there 10 to be picked up by the shareholder in a 11 reduction in profit. Is that correct? 12 SENATOR SEWARD: Well, this 13 legislation is dealing with the portion that is 14 currently being picked up by the ratepayer, and 15 so -- in large portion is currently being picked 16 up by the ratepayer, and so what this does is 17 add an additional option that would -- could be 18 exercised as long as that option, under the law, 19 provided for significant rate relief. 20 SENATOR DOLLINGER: Right. But 21 again through you, Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Seward, do you continue to yield? 8595 1 Senator continues to yield. 2 SENATOR DOLLINGER: What I'm 3 trying to make sure I understand is, what this 4 bill will do is it alters the current PSC 5 methods of divvying up the stranded asset cost 6 between ratepayers and shareholders, and what it 7 says is that if you can show some rate relief by 8 a reduction in borrowing, you can take more of 9 the stranded cost and pass that on to the 10 ratepayer. Because they're getting the break 11 from a reduction in borrowing costs, you can 12 shift more of the cost to the ratepayer. Is 13 that a fair description? 14 SENATOR SEWARD: Mr. President, I 15 wouldn't describe it as a fair representation 16 because the issue of how these stranded costs 17 are going to be dealt with is still an open 18 question. Right now, the -- and that's an open 19 question from FERC at the federal level and, of 20 course, our own PSC. So those determinations 21 are yet to be made. 22 Right now, the ratepayer, I'm 23 telling you, is getting hit right in the neck 8596 1 with high electric rates, and what we are 2 attempting to do under this bill is to provide 3 an additional option and give full protection to 4 that ratepayer because we -- as I said, it 5 specifies that it would have to be significant 6 rate relief. That's the ultimate goal of this 7 legislation, and it's not a hope or a dream. 8 This legislation couldn't be implemented unless 9 it does provide that significant rate relief. 10 SENATOR DOLLINGER: On the bill, 11 Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Dollinger, on the bill. 14 SENATOR DOLLINGER: I appreciate 15 the explanation from the Chairman of the Energy 16 Committee. 17 I understand the promise that 18 this bill contains. I'm somewhat skeptical that 19 promise will be realized. As I understand it, 20 what this bill does is, this bill says that we 21 currently have a mechanism which allows the PSC 22 to look at the stranded cost. It's a huge 23 problem, as you and I have discussed -- the 8597 1 Chairman of the Energy Committee and I have 2 discussed. There's a huge problem in the 3 stranded cost in the era of competition that, in 4 essence, they are going to be saddled with 5 regulatory requirements and regulatory assets - 6 regulatory-generated assets, whether it's the 7 IPPs or other things, that they have an extreme 8 disadvantage in making the transition to a 9 competitive energy market because they've got 10 all these assets they're carrying on their books 11 which are what we would call, I guess, in the 12 private sector "non-full producing assets" - 13 IPPs generating power at excess cost, not a 14 productive asset in their portfolio. 15 My concern in this bill is that 16 what we're, in essence, saying is that there's a 17 possibility that if we can borrow at less money, 18 reduce our borrowing cost, we will be able to 19 shift to the ratepayer a greater portion of the 20 stranded asset cost than would otherwise, under 21 our current process, be shifted to them. 22 And I appreciate the efforts of 23 the Energy Committee's chair, but it seems to me 8598 1 that there is a danger in this bill that you 2 would have a significant -- even though you 3 could show a minor benefit or possible benefit, 4 as Senator Leichter said, of rate reduction 5 because of the reduced borrowing costs, by 6 shifting a greater portion of the stranded costs 7 or by giving an incentive to shift more of the 8 stranded costs to the rate base rather than to 9 the shareholders as would be done under the 10 current system, we may be sending the wrong 11 message. 12 So, I'm going to reluctantly vote 13 against this. This is a very complicated bill, 14 a very complicated issue. To some extent, I 15 regret that it comes out this late in the 16 session. I know it came from the second floor. 17 I would like to commit the 18 efforts of this side of the aisle to continue to 19 look at the stranded cost issue, to continue to 20 look at the divvying up between ratepayers and 21 shareholders to try to see whether we can come 22 up with a way to make this work and provide 23 relief for utilities. They are going to have to 8599 1 face a competitive environment in the future, 2 but it seems to me that at least at this point 3 I'm not fully confident that this will produce 4 significant reductions for the ratepayers in the 5 long run. 6 So I appreciate the effort. I 7 guess I'm in the skeptical column and under 8 those circumstances, I will be voting in the 9 negative. But I look forward, perhaps, at some 10 special session later this year or some other 11 time in the near future to look at this issue 12 again. Maybe I will better understand it, and 13 maybe we can seek the final answer about what 14 this really means to ratepayers. 15 Thank you. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter. 18 SENATOR LEICHTER: Yes, Mr. 19 President. I want to ask Senator Seward one 20 question, please. 21 SENATOR SEWARD: Certainly. 22 ACTING PRESIDENT KUHL: Senator 23 Seward yields, Senator Leichter. 8600 1 SENATOR LEICHTER: I'm not sure 2 that you explained this. Why do you make it - 3 why is the order of the PSC irrevocable? Why 4 does that order have to be irrevocable? 5 Assuming they proceed in good faith and they 6 think there's going to be a reduction in rates 7 and they push onto the ratepayers these stranded 8 costs, if it turns out that because of changed 9 economic conditions or their projections were 10 wrong that the ratepayers are really paying 11 more, why does that initial determination have 12 to be irrevocable? 13 SENATOR SEWARD: Mr. President, 14 really, the answer to that is, the whole thrust 15 of this legislation is directed toward setting 16 up a mechanism for lower cost financing of these 17 so-called intangible assets which are actually 18 costs to the utility ratepayers. So the words 19 in terms of being irrevocable are in there to 20 provide, shall we say, a greater comfort level 21 to the bondholders so that they will be asking 22 for a lower interest rate. That's the whole 23 idea of the lower cost financing, those lower 8601 1 costs being transferred to the ratepayers in the 2 form of lower rates. 3 SENATOR LEICHTER: Mr. President, 4 again, just briefly. 5 I think that's an understandable 6 reason. But I'm not so sure -- you know, we 7 deal with the high interest rates that these 8 utilities are paying. I'm not sure that's 9 really the case at all, and it's hard for me to 10 see how this is really going to provide a 11 savings to the ratepayers. What you're doing 12 through these irrevocable orders, even though 13 there is an economic justification for it, as 14 you point out, Senator Seward, is to really make 15 sure that all of these stranded costs, these 16 very, very substantial costs reflecting, in 17 part, mistakes that the utilities have made, 18 expensive purchases, plants that never should 19 have been built, all of that -- irrevocably now 20 -- irrevocably will have to be paid by the 21 ratepayer. None of it will have to be borne by 22 the shareholders. 23 I think, as I said -- and it may 8602 1 not be so intended but this may be a Trojan 2 horse that's going to end up with the ratepayers 3 in New York State paying more and more and more 4 and higher and higher rates over the years. I 5 think that's probably the likely outcome of this 6 legislation. 7 ACTING PRESIDENT KUHL: Is there 8 any other Senator wishing to speak on the bill? 9 Senator Paterson. 10 SENATOR PATERSON: Mr. President, 11 I concur with what Senator Leichter said, and 12 for those who are supporting this legislation, I 13 just simply ask this question: 14 Can you guarantee the ratepayers 15 of New York State, can you guarantee all of 16 those who are in the catchment area of Niagara 17 Mohawk who live upstate in this particular area, 18 with all of the stranded costs, with two major 19 nuclear power plants in this state, with all of 20 the related issues and stranded costs, as I said 21 before, that that may entail, can we guarantee 22 that there will be a reduction in rates to the 23 consumer? I don't think so. I don't think we 8603 1 can guarantee that at all, and that's why I 2 would urge a no vote on this particular bill. 3 ACTING PRESIDENT KUHL: Senator 4 Hoffmann. 5 SENATOR HOFFMANN: I share some 6 of the concerns of my colleague from Rochester, 7 Senator Dollinger, who finds it difficult to 8 understand all of the provisions of the bill and 9 what it will ultimately do, and I appreciated 10 the explanation from the Chairman of the Energy 11 Committee, and I will have to accept on face 12 value the explanation today, because my 13 overriding concern, as the Senator who 14 represents the corporate headquarters of Niagara 15 Mohawk, is the viability of that company as an 16 industry in Central New York at this point, and 17 -- this is a very big caveat -- on the ability 18 of Niagara Mohawk to make preferential 19 arrangements for reduced cost power to a number 20 of existing businesses in Central New York that 21 literally face the prospect of leaving this 22 state because of high utility costs, in addition 23 to Workers' Comp' and other unresolved issues. 8604 1 If we're not going to address 2 Workers' Comp' in a timely fashion in this 3 Legislature, I would at least like to be able to 4 go back and tell the people of Central New York 5 that we're attempting to grapple with the cost 6 of high energy, specifically through Niagara 7 Mohawk. So I will take on good faith the 8 explanation given to us today and cast my vote 9 in the affirmative for this measure. 10 ACTING PRESIDENT KUHL: Is there 11 any other Senator wishing to speak on the bill? 12 (There was no response.) 13 Hearing none, the Secretary will 14 read the last section. 15 THE SECRETARY: Section 6. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 SENATOR SEWARD: To explain my 21 vote. 22 ACTING PRESIDENT KUHL: Record 23 the negatives. 8605 1 Senator Seward to explain his 2 vote. 3 SENATOR SEWARD: Yes, Mr. 4 President. I acknowledge that this legislation 5 before us is a bit complex and complicated. I 6 fully acknowledge that. I would say, in voting 7 for this legislation, I do not want any member 8 of this body to be left with the impression that 9 this legislation in any way will result in 10 higher electric rates for any ratepayer in the 11 state of New York. Quite the contrary. 12 We are voting, by supporting this 13 legislation, for lower electric rates. We are 14 not shifting stranded costs to the ratepayer 15 from the stockholders of utilities. Quite 16 frankly, today, the ratepayer is paying through 17 the nose for these stranded costs and these 18 other intangible assets which are really 19 expenses for the utility. 20 This legislation provides an 21 additional option for lower financing of these 22 intangible assets. It's a way, quite frankly, 23 for the PSC to shift more of the stranded costs 8606 1 over to the stockholders through the forms of 2 writedowns and other concessions on the part of 3 the utilities before they could approve a plan 4 under this legislation. 5 I think we are -- by passing this 6 legislation, we are really voting for lower 7 electric rates in this state, and I vote aye 8 because we desperately need those lower electric 9 rates. 10 ACTING PRESIDENT KUHL: Senator 11 Seward will be recorded in the affirmative. 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1599: Senators 15 Abate, Connor, Dollinger, Gold, Kruger, 16 Leichter, Markowitz, Mendez, Nanula, Onorato, 17 Oppenheimer, Paterson, Stachowski, Waldon. Ayes 18 41, nays 14. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Senator Marcellino. 22 SENATOR MARCELLINO: Mr. 23 President, can we take up Calendar Number 1600, 8607 1 by Senator Seward. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the title to Calendar Number 4 1600. 5 THE SECRETARY: Calendar Number 6 1600, by Senator Seward, Senate Print 7827, an 7 act to amend the Public Service Law. 8 ACTING PRESIDENT KUHL: Senator 9 Marcellino. 10 SENATOR MARCELLINO: Mr. 11 President, is there a message of necessity at 12 the desk? 13 ACTING PRESIDENT KUHL: There is 14 a message of necessity at the desk. 15 SENATOR MARCELLINO: I move that 16 it be adopted. 17 ACTING PRESIDENT KUHL: The 18 motion is to accept the message of necessity on 19 Calendar Number 1600. 20 All those in favor, signify by 21 saying aye. 22 (Response of "Aye.") 23 Opposed, nay. 8608 1 (There was no response.) 2 The message is accepted. 3 Senator Seward, an explanation of 4 Calendar Number 1600 has been requested by 5 Senator Paterson. 6 SENATOR SEWARD: Certainly, Mr. 7 President. While we're on the theme of lower 8 electric rates, I'm very pleased to explain this 9 particular piece of legislation. 10 This bill is intended to provide 11 rate relief and job retention for businesses 12 that retain jobs in the state of New York 13 without shifting the burden of this relief onto 14 the shoulders of other classes of ratepayers, 15 such as residential customers. 16 The bill does this by 17 establishing a partnership in economic 18 development wherein the State Power Authority 19 and the major utilities would combine to provide 20 400 megawatts of economic development power to 21 businesses which are likely to close or curtail 22 operations, relocate out of state or leave the 23 grid entirely. This is a temporary program 8609 1 aimed at assisting the businesses to retain jobs 2 during the transition to competition in the 3 electric industry. 4 An application for this economic 5 development lower cost power would have to be 6 made within three years and the contracts for 7 the power could not exceed three years. This is 8 a bridge to competition to save jobs in New York 9 in the meantime. 10 The Power Authority would 11 contribute 200 megawatts from its FitzPatrick 12 plant, and utilities would contribute a like 13 amount. The PASNY power combined with a like 14 amount of the utility power would be wheeled by 15 the utility to these businesses needing this 16 lower cost power. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson. 19 SENATOR PATERSON: Thank you, Mr. 20 President. 21 On the bill. I think that 22 Senator Seward's plan is actually a workable 23 plan. It actually could help to reduce rates 8610 1 for businesses, as he has just demonstrated. 2 I'm far more sure that it can than the last 3 bill, which I think is the 1996 version of the 4 six-cent law. 5 But on this particular piece of 6 legislation, the problem I have with it is the 7 Economic Development Power Allocation Board. 8 This board would have four members on it, two of 9 them appointees of the Governor, one of them is 10 the Majority Leader, and this is exactly the 11 kind of configuration that opens the door to 12 charges that this is not really a genuine 13 attempt to lower rates. 14 This is obviously a political 15 process. We're not blaming anybody for the fact 16 that it is, but to construct a board with such 17 high level state officials on it really is just 18 opening the door to all kinds of scrutiny and 19 all kinds of accusations that there is more to 20 this than may meet the eye. 21 I am not presuming anything but I 22 must state that in situations such as this, 23 where we have the capacity to lower rates for 8611 1 businesses, where we're really trying to 2 simulate economic development, we have to be 3 scrupulously careful about how we construct 4 these types of boards; and so that the political 5 charge cannot be made, we have to have some 6 assurance that there is real monitoring by 7 professionals in the field, by individuals who 8 are aware of what power authorities need, what 9 small companies that offer power can deliver, 10 and not some sort of situation which looks like 11 some kind of transparent opportunity to create 12 some kind of a wasteland or some other sort of 13 endeavor that would not be based on merit but 14 would be based on some other qualification. I 15 don't need to spell that out specifically, and 16 I'm not accusing that it's actually been done. 17 I'm just staying that this is exactly the kind 18 of process that in a tainted situation could 19 inure to the detriment, not the assistance, of 20 small businesses that need help. 21 ACTING PRESIDENT KUHL: Senator 22 Hoffmann. 23 SENATOR HOFFMANN: Mr. President, 8612 1 I wonder if Senator Seward would be so kind as 2 to yield to a question? 3 SENATOR SEWARD: Certainly, Mr. 4 President. 5 ACTING PRESIDENT KUHL: The 6 Senator yields. 7 SENATOR HOFFMANN: Thank you. 8 Senator Seward, are you familiar 9 with the situation currently faced by Owl Wire 10 in Canastota relative to the high cost of 11 electricity? 12 SENATOR SEWARD: Mr. President, I 13 have seen some -- I guess, some headlines and 14 some press on it, but I can't tell you I'm 15 intimately familiar with the problem, no. 16 SENATOR HOFFMANN: Senator 17 Seward, would you yield for a second question? 18 SENATOR SEWARD: Certainly. 19 ACTING PRESIDENT KUHL: The 20 Senator yields. 21 SENATOR HOFFMANN: I don't mean 22 to catch you off guard with the specifics of the 23 Owl Wire situation. I realize in your capacity 8613 1 as Chairman of the Energy Committee, you are 2 aware of many operating facilities around the 3 state, manufacturing concerns, that are faced 4 with high cost of electricity and find 5 themselves at a competitive disadvantage. Owl 6 Wire is just one of dozens in this state. 7 However, Owl Wire is at a very 8 critical point right now and faces the imminent 9 loss of 500 jobs to a much lower electrical rate 10 in one of the southern states that is actively 11 seeking its business through preferential 12 rates. 13 My question to you, Senator 14 Seward, would this measure allow our state 15 agencies the ability they need to reach a swift 16 and accommodating negotiation that would permit 17 Owl Wire a preferential treatment on a short 18 term basis that might conceivably make the 19 difference in allowing them to stay in New York 20 State and thrive and to possibly expand? 21 SENATOR SEWARD: Well, Senator, 22 if you have a business in your district that has 23 500 jobs threatening to leave the state and has 8614 1 every possibility of leaving the state, one of 2 the problems that business faces and one of the 3 reasons for leaving would be the high cost of 4 electricity, this legislation is designed 5 specifically to help a situation such as you 6 have outlined. I don't have all the details. 7 Now, we have -- this legislation 8 solves a number of problems, one of which is 9 this. We have the State Power Authority with 10 relatively inexpensive power, and this has been 11 a tremendous tool for us in terms of economic 12 development in this state, but one big problem 13 we've had is we have the Power Authority with 14 the inexpensive power and the utilities of the 15 state controlling the transportation network in 16 terms of getting that power to a business such 17 as you have outlined. 18 Because of the partnership that 19 we're forming under this bill with the utilities 20 and the Power Authority coming together to 21 provide this economic development power, we will 22 be able to react in this state to situations 23 like you have mentioned much more rapidly 8615 1 because we won't be in this negotiation that's 2 gone on -- very difficult, in many cases - 3 between the Power Authority and local utilities 4 in terms of how we're going to get the power 5 there, and the like. 6 So with what little you have told 7 me about that situation, I just believe that 8 this bill would provide the kind of relief that 9 that company is looking for. 10 SENATOR HOFFMANN: Thank you, 11 Senator Seward. 12 Mr. President, on the bill. 13 The loss of businesses in this 14 state right now is no longer a trickle. We are 15 hemorrhaging to death in this state, and one of 16 the recurring complaints from businesses, large 17 and small, is high cost of energy. 18 I have frequently found myself in 19 a situation where a long-term employer in my 20 district has sought preferential power through 21 the Power Authority only to be told that they 22 would have to wait until an allocation became 23 available or until special legislation created a 8616 1 larger pool, that the existing pool simply was 2 not able to accommodate their needs no matter 3 how desperately they needed remediation in power 4 rates at the present time. 5 If this measure, as has been 6 explained by Senator Seward, will address this 7 problem, then I will embrace it wholeheartedly 8 and do everything in my power to see that some 9 meaningful negotiations take place with the 10 other house so that it can, in fact, be enacted. 11 We're really past the point where 12 we can be overly concerned about concentrating 13 too much political power in the hands of one or 14 two state agencies. The reality of the 15 situation is that we must have a way that we can 16 quickly address the needs of industries that are 17 being courted aggressively by other states not 18 overladen with the kind of bureaucratic 19 stranglehold that we suffer from in New York 20 State. We have to be able to come in with a 21 quick and effective fix to give low cost power 22 to existing employers in New York State. 23 I urge my colleagues on this side 8617 1 of the aisle to support this measure, knowing 2 that that concern is as serious as any other 3 issue facing the state today. 4 ACTING PRESIDENT KUHL: Senator 5 Dollinger. 6 SENATOR DOLLINGER: Mr. 7 President, just briefly. 8 As acting ranking member on the 9 Energy Committee, I'm going to vote in favor of 10 this bill, even though there are -- at least one 11 part of it that I don't like, and that is the 12 composition of the board, I think, is a 13 political problem, quite frankly. My hope is 14 that in discussions with the Assembly that 15 political problem will be worked out. 16 I agree with Senator Paterson, 17 who spoke about it, that composition seems to be 18 a little tilted and perhaps could use some more 19 balance. 20 But I think the concept of 21 continuing the flexible rate structure to, in 22 essence, set aside a certain amount of power 23 that we will provide at GRT reduced rates to 8618 1 certain customers throughout the state of New 2 York, who have the ability to get up and walk 3 out if they find that their GRT is too high or 4 their utility rate is too high, makes good 5 sense. 6 As I understand it, this will 7 expand that pool from 200 million to 400 million 8 megawatts. I think the concept moves in the 9 right direction, and I think the only loser in 10 this process is the state of New York, who comes 11 up with less GRT because there will be a 12 reduction in GRT on this 400 million megawatts. 13 So, to some extent, I would like 14 to see a greater continuation of both this 15 partner -- power partnership and also the 16 flexible rate concept because I think that works 17 well, too. That has a shareholder component of 18 sharing of the cost in it. So I think this 19 continues to move in the right direction. I 20 frankly think, in negotiations, the composition 21 of this board, the political composition will be 22 worked out, and we'll end up with a continuation 23 of the approach which says we're going to use 8619 1 our power resources as a form of economic 2 development. 3 So I will be voting in favor of 4 this bill, Mr. President. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 8. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1600 are 14 Senators Leichter, Markowitz and Paterson. Ayes 15 52, nays 3. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Senator Marcellino. 19 SENATOR MARCELLINO: Mr. 20 President, I believe we have a privileged 21 resolution at the desk by Senator Stachowski. 22 May we have the title read, and we'll move to 23 adopt. 8620 1 ACTING PRESIDENT KUHL: Return to 2 motions and resolutions. 3 There is a privileged resolution 4 at the desk. I'll ask the Secretary to read the 5 title. 6 THE SECRETARY: By Senator 7 Stachowski, Legislative Resolution commemorating 8 the 15th Anniversary of the Arts and Education 9 Institute of Western New York in recognition of 10 the institute's 15th Anniversary Visitors Day, 11 Monday, June 24, 1996. 12 ACTING PRESIDENT KUHL: Question 13 is on the resolution. 14 All those in favor, signify by 15 saying aye. 16 (Response of "Aye.") 17 Opposed, nay. 18 (There was no response.) 19 The resolution is adopted. 20 Senator Marcellino. 21 SENATOR MARCELLINO: Mr. 22 President, may we now take up Bill Number 1379 23 -- Calendar Number 1379, the original active 8621 1 list. I believe it's by Senator Spano. 2 ACTING PRESIDENT KUHL: On page 3 34 of Calendar No. 63, the first calendar, the 4 Secretary will read the title to Calendar Number 5 1379, by Senator Spano. 6 THE SECRETARY: Calendar Number 7 1379, by Senator Spano, Senate Print 6575A, an 8 act to amend the Labor Law, the Tax Law, and the 9 Administrative Code of the City of New York. 10 ACTING PRESIDENT KUHL: Senator 11 Marcellino. 12 SENATOR MARCELLINO: Mr. 13 President, is there a message of necessity at 14 the desk? 15 ACTING PRESIDENT KUHL: There is. 16 SENATOR MARCELLINO: May we have 17 that adopted, please? 18 ACTING PRESIDENT KUHL: The 19 motion is to accept the message of necessity on 20 Calendar Number 1379. 21 All those in favor, signify by 22 saying aye. 23 (Response of "Aye.") 8622 1 Opposed, nay. 2 (There was no response.) 3 The message is accepted. 4 Is there any Senator wishing to 5 speak on the bill? 6 (There was no response.) 7 Hearing none, Secretary will read 8 the last section. 9 THE SECRETARY: Section 8. 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 55. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Marcellino. 18 SENATOR MARCELLINO: If we may 19 have a moment, sir. 20 Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Marcellino. 23 SENATOR MARCELLINO: May we call 8623 1 up on the same calendar, Calendar Number 1577, 2 by Senator Wright. 3 ACTING PRESIDENT KUHL: On page 4 39, Calendar No. 63, the Secretary will read the 5 title to Calendar Number 1579, by Senator 6 Hannon. 7 SENATOR MARCELLINO: No, 1577. 8 ACTING PRESIDENT KUHL: 1577. 9 SENATOR MARCELLINO: By Senator 10 Wright. 11 ACTING PRESIDENT KUHL: By 12 Senator Wright. 13 THE SECRETARY: Calendar Number 14 1577, by Senator Wright, Senate Print 7584A, an 15 act to amend the Alcoholic Beverage Control Law, 16 in relation to ownership of licensed premises. 17 ACTING PRESIDENT KUHL: Senator 18 Marcellino. 19 SENATOR MARCELLINO: I believe 20 there is a message of necessity at the desk, 21 sir. 22 ACTING PRESIDENT KUHL: There is. 23 SENATOR MARCELLINO: I move to 8624 1 accept it. 2 ACTING PRESIDENT KUHL: The 3 motion is to accept the message of necessity on 4 Calendar Number 1577. 5 All those in favor, signify by 6 saying aye. 7 (Response of "Aye.") 8 Opposed, nay. 9 (There was no response.) 10 Message is accepted. 11 Any Senator wishing to speak on 12 the bill? 13 (There was no response.) 14 Hearing none, the Secretary will 15 read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 120th day. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 55. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 8625 1 Senator Marcellino. 2 SENATOR MARCELLINO: May we now 3 move to Calendar Number 1161, by Senator 4 Hoblock. 5 ACTING PRESIDENT KUHL: On page 6 31 of Calendar 63, the Secretary will read the 7 title to Calendar Number 1161, by Senator 8 Hoblock. 9 THE SECRETARY: Calendar Number 10 1161, by Senator Hoblock, Senate Print 7083B, an 11 act to amend the Vehicle and Traffic Law, in 12 relation to taxicab partitions and shields. 13 ACTING PRESIDENT KUHL: Senator 14 Marcellino. 15 SENATOR MARCELLINO: Mr. 16 President, is there a message of necessity at 17 the desk? 18 ACTING PRESIDENT KUHL: There is. 19 SENATOR MARCELLINO: I move that 20 we accept it. 21 ACTING PRESIDENT KUHL: The 22 motion is to accept the message of necessity on 23 Calendar Number 1161. 8626 1 All those in favor, signify by 2 saying aye. 3 (Response of "Aye.") 4 Opposed, nay. 5 (There was no response.) 6 The message is accepted. 7 Is there any Senator wishing to 8 speak on Calendar Number 1161? 9 (There was no response.) 10 Hearing none, the Secretary will 11 read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 55. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator Marcellino. 21 SENATOR MARCELLINO: Mr. 22 President, at this time, can we take up Calendar 23 Number 490 -- 490, by Senator Leibell. 8627 1 ACTING PRESIDENT KUHL: On page 2 10, Calendar No. 63, the Secretary will read the 3 title to Calendar Number 490, by Senator 4 Leibell. 5 THE SECRETARY: Calendar Number 6 490, by Senator Leibell, Senate Print 6134A, an 7 act to amend the Public Authorities Law, in 8 relation to powers of the State of New York 9 Mortgage Agency. 10 ACTING PRESIDENT KUHL: Senator 11 Marcellino. 12 SENATOR MARCELLINO: Mr. 13 President, is there a message of necessity at 14 the desk? 15 ACTING PRESIDENT KUHL: There is. 16 SENATOR MARCELLINO: May we move 17 to have it accepted? 18 ACTING PRESIDENT KUHL: The 19 motion is to accept the message of necessity on 20 Calendar Number 490. 21 All those in favor, signify by 22 saying aye. 23 (Response of "Aye.") 8628 1 Opposed, nay. 2 (There was no response.) 3 The message is accepted. 4 Is there any Senator wishing to 5 speak on Calendar Number 490? 6 (There was no response.) 7 Hearing none, the Secretary will 8 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 55. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 SENATOR MARCELLINO: Mr. 18 President. 19 ACTING PRESIDENT KUHL: Senator 20 Marcellino. 21 SENATOR MARCELLINO: May we turn 22 to the second supplemental calendar and call up 23 Bill Number 1635, please. Senator Farley will 8629 1 discuss. 2 ACTING PRESIDENT KUHL: On 3 Supplemental Calendar No. 2, page 1, the 4 Secretary will read the title to Calendar Number 5 1635, by Senator Stafford. 6 THE SECRETARY: Calendar Number 7 1635, by Senator Stafford, Senate Print 7786, an 8 act to amend the Tax Law, in relation to 9 franchise taxation of thrift reserves for loan 10 losses. 11 Senator Marcellino. 12 SENATOR MARCELLINO: Mr. 13 President, is there a message of necessity at 14 the desk? 15 ACTING PRESIDENT KUHL: There is. 16 SENATOR MARCELLINO: I move that 17 we accept it. 18 ACTING PRESIDENT KUHL: The 19 motion is to accept the message of necessity on 20 Calendar Number 1635. 21 All those in favor, signify by 22 saying aye. 23 (Response of "Aye.") 8630 1 Opposed, nay. 2 (There was no response.) 3 The message is accepted. 4 Is there any Senator wishing to 5 speak on Calendar Number 1635? 6 (There was no response.) 7 Hearing none, the Secretary will 8 read the last section. 9 THE SECRETARY: Section 4. 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 55. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Marcellino. 18 SENATOR MARCELLINO: Mr. 19 President, may we now turn to the Supplemental 20 Active List for Friday, June 14, and may we call 21 up Calendar Number 579 at this time, please? 22 ACTING PRESIDENT KUHL: Secretary 23 will read Calendar Number 579 on the 8631 1 Supplemental Active List for Calendar No. 63. 2 THE SECRETARY: Calendar Number 3 579, by Senator Skelos, Senate Print 5730C, an 4 act to amend the General Business Law. 5 ACTING PRESIDENT KUHL: Senator 6 Marcellino? 7 (There was no response.) 8 Any Senator wishing to speak on 9 the bill? 10 (There was no response.) 11 Hearing none, we'll read the last 12 section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the first day of 15 January. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 55. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 SENATOR MARCELLINO: Mr. 23 President. 8632 1 ACTING PRESIDENT KUHL: Senator 2 Marcellino. 3 SENATOR MARCELLINO: Mr. 4 President. May we at this time reconsider the 5 vote by which Calendar Number 1628 was passed? 6 ACTING PRESIDENT KUHL: We're on 7 Supplemental Calendar No. 1, page 4, Calendar 8 Number 1628, previously passed the house. 9 The motion is to reconsider the 10 vote by which the bill passed the house. I will 11 ask the Secretary to call the roll on 12 reconsideration. 13 THE SECRETARY: Calendar Number 14 1628, by the Assembly Committee on Rules, 15 Assembly Bill Number 11026, an act making 16 appropriation. 17 ACTING PRESIDENT KUHL: The 18 Secretary will call the roll on reconsideration. 19 (The Secretary called the roll on 20 reconsideration.) 21 THE SECRETARY: Ayes 55. 22 ACTING PRESIDENT KUHL: The bill 23 is before the house. 8633 1 Senator Marcellino. 2 SENATOR MARCELLINO: Mr. Presi 3 dent, do we now have a message of appropriation? 4 ACTING PRESIDENT KUHL: There is 5 a message of appropriation at the desk. 6 SENATOR MARCELLINO: I move that 7 we accept it. 8 ACTING PRESIDENT KUHL: The 9 motion is to accept the message of appropriation 10 which is at the desk. 11 All those in favor of accepting 12 the message, signify by saying aye. 13 (Response of "Aye.") 14 All those opposed, nay. 15 (There was no response.) 16 The message of appropriation is 17 accepted. 18 The Secretary will read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 8634 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 55. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Marcellino, we have one 6 piece of housekeeping at the desk. We can take 7 that up. 8 SENATOR MARCELLINO: Sure. Take 9 up motions and resolutions. 10 ACTING PRESIDENT KUHL: Return to 11 motions and resolutions. 12 Chair recognizes Senator 13 DiCarlo. 14 SENATOR DiCARLO: Thank you, Mr. 15 President. 16 On behalf of Senator Levy, I wish 17 to call up Bill Print 5960, recalled from the 18 Assembly, which is now at the desk. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read. 21 THE SECRETARY: By Senator Levy, 22 Senate Print 5960, an act to amend the Vehicle 23 and Traffic Law. 8635 1 SENATOR DiCARLO: Mr. President, 2 I now move to reconsider the vote by which this 3 bill was passed. 4 ACTING PRESIDENT KUHL: The 5 motion is to reconsider the vote by which the 6 bill passed the house. 7 The Secretary will call the roll 8 on reconsideration. 9 (The Secretary called the roll on 10 reconsideration.) 11 THE SECRETARY: Ayes 55. 12 ACTING PRESIDENT KUHL: The bill 13 is before the house. 14 Senator DiCarlo. 15 SENATOR DiCARLO: Mr. President, 16 I now offer the following amendments. 17 ACTING PRESIDENT KUHL: 18 Amendments are received and adopted. 19 Senator Marcellino. 20 SENATOR MARCELLINO: Mr. 21 President, may we go back to the Supplemental 22 Active List of Friday, June 14, of this current 23 year and take up Calendar Number 1391, by 8636 1 Senator Marcellino? Never heard of him. 2 ACTING PRESIDENT KUHL: We will 3 return to the Supplemental Active List of the 4 regular calendar, Calendar No. 63. I will ask 5 the Secretary to read Calendar Number 1391, by 6 Senator Marcellino. 7 THE SECRETARY: Calendar Number 8 1391, by Senator Marcellino, Senate Print 7355A, 9 an act to amend the Environmental Conservation 10 Law. 11 SENATOR MARCELLINO: Mr. 12 President, this bill changes the state's 13 Title V Program, makes changes which are 14 necessary in order for the DEC to gain full 15 approval from the EPA for their Title V 16 program. Failure to receive approval from the 17 EPA could result in the imposition of federal 18 sanctions as well as the implementation of the 19 federal program where EPA would take over the 20 program responsible for permitting New York's 21 Title V sources, and EPA would collect the per 22 ton emission fees from such sources for deposit 23 in the U.S. Treasury. 8637 1 The EPA has informed New York 2 State that the state's Title V program can not 3 receive full approval without making these 4 necessary changes. Both NYPIRG and EPL have 5 criticized this bill because it -- excuse me. 6 SENATOR SKELOS: Mr. President, 7 there will be an immediate meeting of the Rules 8 Committee in Room 332 of the Capitol. 9 ACTING PRESIDENT KUHL: There 10 will be an immediate meeting of the Rules 11 Committee -- immediate meeting of the Rules 12 Committee in the Majority Conference Room, Room 13 332. 14 Thank you for the interruption, 15 Senator Marcellino. If you wait just a minute, 16 I think with people leaving for the Rules 17 Committee, it will quiet down, and then you will 18 be able to continue with your explanation. 19 Senator Marcellino. 20 SENATOR MARCELLINO: As I stated 21 before, Mr. President, both NYPIRG and EPL had 22 criticized this bill because it allows the DEC 23 to change the Title V permit application dead 8638 1 line in order to match the deadline requirement 2 of the EPA. The EPA, in recognition of the 3 complexity of the new Title V permitting 4 program, is allowing states to use a total of 5 five years to make the program fully operational 6 rather than the three years currently allowed in 7 New York State statute. 8 It is in the best interest of New 9 York to take advantage of this federal deadline 10 extension. Both DEC and approximately 1,000 11 facilities required to apply will benefit from 12 the extension. DEC will have more time to 13 permit -- to process permit applications, while 14 industry, in particular small businesses, will 15 have more time to prepare permit applications. 16 Additionally, the public will have more time to 17 participate in the permit process. 18 Over 80 percent of the heaviest 19 sources have already been incorporated under the 20 process. The 20 percent we're talking about are 21 the small businesses which do not have the 22 staffs or the resources of these larger 23 businesses. They still must comply with all 8639 1 emission guidelines. This does not permit them 2 to pollute. It simply gives them more time to 3 do paperwork while they must still meet all 4 standards under the guidelines. So there is no 5 way in which we're letting them off the hook; 6 we're simply allowing them a little extra time 7 to do some paperwork. 8 I note that the environmental 9 advocates, EPL, opposes this legislation and 10 there is a sentence that is repeated twice in 11 their memo of opposition, and it says, "...to 12 allow the DEC to take as much time as they want 13 to approve all operating permits for stationary 14 sources." 15 That is clearly not the intent of 16 this bill. We are now allowing anybody to take 17 as much time as they want to. We are simply 18 saying let this state comply with the federal 19 level and the federal time span. 20 This will be a good bill that 21 will permit us to allow small businesses to come 22 into compliance. The state will avoid being 23 sanctioned by the federal government and the 8640 1 loss of whatever fines the state might want to 2 impose on those businesses that do not comply. 3 We think it's a good bill and 4 worthy of being accepted. 5 ACTING PRESIDENT KUHL: Senator 6 Leichter. 7 SENATOR LEICHTER: Mr. President, 8 will Senator Marcellino yield, please? 9 ACTING PRESIDENT KUHL: Senator 10 Marcellino, do you yield? 11 SENATOR MARCELLINO: Yes, sir. 12 ACTING PRESIDENT KUHL: The 13 Senator yields. 14 SENATOR LEICHTER: As I 15 understand it, the main purpose of this bill is 16 in relation to the DEC's plan to try to bring 17 New York State into compliance with federal 18 clean air standards. Is that correct? 19 SENATOR MARCELLINO: Yes. 20 SENATOR LEICHTER: Right, and as 21 you and I know, and everybody else here, we have 22 had an abysmal record of complying, and DEC - 23 and I'm not blaming the current administration 8641 1 because it goes back to the previous 2 administration -- has had a very unfortunate 3 record in meeting deadlines. The Legislature 4 would say, Have a report by such and such a 5 date. They would just ignore it. 6 We have ignored federal 7 requirements, and in many other ways, we failed 8 to act as aggressively as we need to, to see 9 that the people of this state have clean air. 10 Now, my concern is that, as I 11 understand, the main purpose of your bill isn't 12 small business, and so on. The main purpose of 13 your bill is to give DEC more time, which we can 14 do in compliance with federal law as you rightly 15 point out. But my question to you is, is that 16 of real benefit, to give this agency which has 17 been such a laggard and has been so tardy, to 18 give them more time? 19 Why not try to hold their feet to 20 the water? Why not say the three years, which I 21 believe you mentioned, they have now? If later 22 it turns out, for justifiable reason, they need 23 more time, do that. 8642 1 So my question is, shouldn't we 2 try to keep them on a fairly tight leash? 3 SENATOR MARCELLINO: Senator, New 4 York State has already had an advanced air 5 permitting program when Title V was enacted, and 6 New York State is ahead of many states, and our 7 permits are still in place. 60 percent -- under 8 this five-year transition plan, 60 percent of 9 all Title V facilities representing 80 percent 10 of the aggregate emissions would come under, 11 "must receive their permits within the first 12 three years," and will. 13 We are, in fact, allowing those 14 smaller businesses a little more time for 15 paperwork purposes only. They must comply with 16 all emissions standards. They are not given 17 relief from compliance with the emission 18 standards. The only thing we're giving them is 19 some time to fill out paperwork which the EPA at 20 a federal level has recognized is extremely 21 complicated and is allowing everyone to have 22 five years. 23 So I agree with you. In the 8643 1 past, the DEC has had an abysmal record and the 2 state of New York is not -- should not be overly 3 happy with that. However, in this particular 4 situation, we're not impacting air quality; 5 we're simply taking time with paperwork. 6 ACTING PRESIDENT KUHL: Senator 7 Leichter. 8 SENATOR LEICHTER: Mr. President, 9 just very briefly on the bill. 10 I thank my good friend Senator 11 Marcellino. I understand his point. 12 I would say that in weighing the 13 various considerations, balancing them, it seems 14 the most important thing is to try to get the 15 state of New York as quickly as possible into 16 compliance with the federal Clean Air Act. 17 Obviously, this is not a merely 18 technical issue. It's a matter of -- you see 19 the trouble I'm having breathing. It's clearly 20 a matter of the welfare, the health of the 21 people of the state of New York, and the feeling 22 is that if you extend the permitting period two 23 more years, that's going to become the time when 8644 1 action is going to be taken instead of being 2 taken more expeditiously. It's for that reason 3 that EPL and NYPIRG have opposed it, their 4 thrust being we ought to move as quickly as we 5 possibly can, keep DEC's feet to the fire, make 6 all of the various sources of pollutants comply 7 as quickly as possible. 8 DEC, as I understand it, has the 9 staff. They can process these within three 10 years. If they need more staff, we would 11 provide it. But it's certainly not to the 12 benefit of the health of New Yorkers to extend 13 this period by two more years. 14 SENATOR MARCELLINO: Mr. 15 President, just to get the record clear. 16 Again, we are not extending 17 compliance with air emission quality standards. 18 Every business will still be held to the full 19 air quality standards of their pre-permitting 20 process. They must comply. We're talking about 21 paperwork here. This is a case where these 22 environmental organizations, these activist 23 organizations, once again have not looked at the 8645 1 bill and read it carefully. 2 Similar to what Senator LaValle 3 pointed out yesterday with respect to Senator 4 Volker's bill, they reissued a memo in 5 opposition on a bill that no longer existed. 6 This memo in opposition -- as I read to you, it 7 does not give unlimited time. This is clearly a 8 misstatement. It was pointed out, and they 9 refused to change it. 10 I don't really care if you are in 11 opposition or you disagree, but at least be 12 accurate. I mean they are supposed to be 13 accurate if they are going to give us 14 information. 15 So in this case, what we think we 16 are doing is a good thing. In fact, these 17 necessary amendments that are made in this bill 18 to the Title V program will actually benefit the 19 environment. A great benefit of this bill is 20 that it requires the DEC to consider a source's 21 fugitive emissions when calculating their 22 overall emissions. This will result in more 23 success, more sources being subject to Title V 8646 1 sources, thus providing for even greater 2 protection of the environment. 3 I move this bill be accepted, 4 sir. 5 ACTING PRESIDENT KUHL: Is there 6 any other Senator wishing to speak on the bill? 7 (There was no response.) 8 If not, the Secretary will read 9 the last section. 10 THE SECRETARY: Section 6. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 Record the negatives. Announce 16 the results when tabulated. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1391 are 19 Senators Abate, Connor, Dollinger, Gold, 20 Goodman, Hoffmann, Leibell, Leichter, Markowitz, 21 Nanula, Onorato, Oppenheimer, Paterson, 22 Seabrook, Stachowski and Waldon. Ayes 39, nays 23 16. 8647 1 ACTING PRESIDENT KUHL: Bill is 2 passed. 3 Senator Marcellino. 4 SENATOR MARCELLINO: Mr. 5 President, can we call up Calendar 529, by 6 Senator Holland. I believe it's the active 7 calendar, active list on the main calendar. 8 ACTING PRESIDENT KUHL: On page 9 11, Calendar No. 63, first calendar of the day. 10 The Secretary will read the title of Calendar 11 Number 529, by Senator Holland. 12 THE SECRETARY: Calendar Number 13 529, by Senator Holland, Senate Print 5536C, an 14 act to amend the Real Property Tax Law. 15 ACTING PRESIDENT KUHL: Senator 16 Marcellino. 17 SENATOR MARCELLINO: Mr. 18 President, is there a message of necessity at 19 the desk? 20 ACTING PRESIDENT KUHL: There is. 21 SENATOR MARCELLINO: I move that 22 it be accepted. 23 ACTING PRESIDENT KUHL: The 8648 1 motion is to accept the message of necessity on 2 Calendar Number 529. 3 All those in favor, signify by 4 saying aye. 5 (Response of "Aye.") 6 Opposed, nay. 7 (There was no response.) 8 Message is accepted. 9 The Secretary will read the last 10 section. 11 THE SECRETARY: Section 7. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Marcellino. 20 SENATOR MARCELLINO: Mr. 21 President, do you have any housekeeping at the 22 desk? 23 ACTING PRESIDENT KUHL: Senator 8649 1 DeFrancisco, why do you rise? 2 SENATOR DeFRANCISCO: I would 3 request unanimous consent to be recorded in the 4 negative on the first calendar, Calendar Number 5 1161. The bill is S.7083B. 6 ACTING PRESIDENT KUHL: Without 7 objection, hearing no objection, Senator 8 DeFrancisco will be recorded in the negative on 9 Calendar Number 1161. 10 Senator Marcellino, we don't have 11 any housekeeping, other than we have a report 12 from the Rules Committee at the desk. 13 SENATOR MARCELLINO: Mr. 14 President, may we return to the reports of 15 standing committees so we might read and adopt 16 the report of the Rules Committee? 17 ACTING PRESIDENT KUHL: We will 18 return to the order of reports of standing 19 committees. There is a report of the Rules 20 Committee at the desk. 21 I will ask the Secretary to read 22 the Rules report. 23 THE SECRETARY: Senator Bruno, 8650 1 from the Committee on Rules, reports the 2 following bills: 3 Senate Print 2447, by Senator 4 Dollinger, an act to amend the Vehicle and 5 Traffic Law; 6 4646B, by Senator Farley, an act 7 to amend the Banking Law and the Real Property 8 Law; 9 5208A, by Senator Present, an act 10 to amend the General Municipal Law; 11 7483, by the Senate Committee on 12 Rules, an act to amend the Tax Law; 13 7573A, by Senator DeFrancisco, an 14 act to legalize, ratify and confirm; 15 7758A, by the Senate Committee on 16 Rules, an act to amend the Parks, Recreation and 17 Historic Preservation Law; 18 7779, by Senator Hannon, an act 19 to amend the Public Health Law and the Education 20 Law; 21 7810, by Senator Libous, an act 22 to amend the Education Law; 23 7829, by Senator Lack, an act 8651 1 relating to the preservation, protection and 2 management; 3 And 7845, by Senator Volker, an 4 act to amend the Public Authorities Law. 5 All bills ordered directly for 6 third reading. 7 ACTING PRESIDENT KUHL: The 8 motion is to accept the rules report. 9 All those in favor of accepting 10 the Rules report, signify by saying aye. 11 (Response of "Aye.") 12 Opposed, nay. 13 (There was no response.) 14 The Rules report is accepted. 15 Senator Marcellino. 16 SENATOR MARCELLINO: Mr. 17 President, at this time, may we have a 18 noncontroversial reading of Supplemental 19 Calendar No. 3? 20 ACTING PRESIDENT KUHL: All the 21 bills have been distributed. The Supplemental 22 Calendar No. 3 should be on every member's 23 desk. 8652 1 I'll ask the Secretary to read 2 the noncontroversial reading of Supplemental 3 Calendar No. 3. 4 THE SECRETARY: Calendar Number 5 1638, by Senator Dollinger, Senate Print 2447, 6 an act to amend the Vehicle and Traffic Law, in 7 relation to the issuance of parking tickets. 8 ACTING PRESIDENT KUHL: There is 9 a home rule message at the desk. 10 The Secretary will read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 55. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: 1639, by Senator 21 Farley, Senate Print 4646B, an act to amend the 22 Banking Law and the Real Property Law. 23 SENATOR PATERSON: Explanation. 8653 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 SENATOR PATERSON: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson, why do you rise? 6 SENATOR PATERSON: We have no 7 objection to this bill. You can have the 8 Secretary read the last section. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section to Calendar 11 Number 1639. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the first day of 14 January. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 55. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1640, by Senator Present, Senate Print 5208A, an 23 act to amend the General Municipal Law, in 8654 1 relation to peace officers. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 54, nays 1, 10 Senator Leichter recorded in the negative. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1641, by the Senate Committee on Rules, Senate 15 Print 7483, an act to amend the Tax Law, in 16 relation to the distribution mechanism. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 8655 1 THE SECRETARY: Ayes 55. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1642, by Senator DeFrancisco, Senate Print 6 7573A, an act to legalize, ratify and confirm 7 certain actions and proceedings. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 Announce the results when 16 tabulated. 17 THE SECRETARY: Ayes 54, nays 1, 18 Senator Leichter recorded in the negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1643, by the Senate Committee on Rules, Senate 23 Print 7758A, an act to amend the Parks, 8656 1 Recreation and Historic Preservation Law. 2 SENATOR PATERSON: Lay it aside. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 SENATOR LEICHTER: Mr. President, 6 when I voted negative, it was on 1643 -- or I 7 intended it to be 1643. I see it was on 1642. 8 So would you please vote me in the affirmative 9 on 1642, and lay aside 1643? 10 ACTING PRESIDENT KUHL: Without 11 objection, and hearing no objection, Senator 12 Leichter will be recorded in the affirmative on 13 Calendar Number 1642. 14 The Secretary will continue to 15 call the noncontroversial Supplemental Calendar 16 No. 3, Calendar Number 1644. 17 THE SECRETARY: Calendar Number 18 1644, by Senator Hannon, Senate Print 7779. 19 ACTING PRESIDENT KUHL: The bill 20 is high. Lay the bill aside. 21 THE SECRETARY: Calendar Number 22 1645, by Senator Libous, Senate Print 7810, an 23 act to amend the Education Law, in relation to 8657 1 the definition of practice of podiatry. 2 SENATOR PATERSON: Lay it aside. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 1646, by Senator Lack, Senate Print 7829. 7 ACTING PRESIDENT KUHL: The bill 8 is high. Lay the bill aside. 9 THE SECRETARY: Calendar Number 10 1647, by Senator Volker, Senate Print 7845, an 11 act to amend the Public Authorities Law, in 12 relation to the Horizons Waterfront Development 13 Project. 14 ACTING PRESIDENT KUHL: Senator 15 Marcellino. 16 SENATOR MARCELLINO: Mr. 17 President, is there a message of necessity at 18 the desk? 19 ACTING PRESIDENT KUHL: There is. 20 SENATOR MARCELLINO: I move that 21 it be accepted. 22 ACTING PRESIDENT KUHL: Motion is 23 to accept the message of necessity on Calendar 8658 1 Number 1647. 2 All those in favor, signify by 3 saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response.) 7 Message is accepted. 8 The Secretary will read the last 9 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 55. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Senator Marcellino. 19 SENATOR MARCELLINO: Mr. 20 President, may we now have a reading of the 21 controversial calendar for Supplemental Calendar 22 No. 3? 23 ACTING PRESIDENT KUHL: The 8659 1 Secretary will read the controversial reading of 2 Calendar Number -- Supplemental Calendar No. 3, 3 commencing with Calendar Number 1643. 4 THE SECRETARY: Calendar Number 5 1643, by the Senate Committee on Rules, Senate 6 Print 7758A, an act to amend the Parks, 7 Recreation and Historic Preservation Law. 8 ACTING PRESIDENT KUHL: Is there 9 any Senator wishing to speak on the bill? 10 SENATOR PATERSON: Explanation. 11 ACTING PRESIDENT KUHL: Senator 12 Marcellino, an explanation has been asked of 13 Calendar Number 1643. 14 SENATOR MARCELLINO: Senator Kuhl 15 -- Mr. President. For purposes of giving an 16 explanation, Senator DeFrancisco should be 17 recognized. 18 ACTING PRESIDENT KUHL: Chair 19 recognizes Senator DeFrancisco for the purpose 20 of an explanation. 21 SENATOR DeFRANCISCO: We recently 22 passed a bill that was much broader than this to 23 authorize 40-year leases that the Parks and 8660 1 Recreation Department could enter into for just 2 a broad, undefined number of projects. 3 Basically, what this bill does is it limits it 4 to specific projects that are listed in the bill 5 narrowing substantially the broader bill that 6 was passed earlier this week. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 2. 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 56. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1644, by Senator Hannon, Senate Print 7779. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. The bill is still high. 21 THE SECRETARY: Calendar Number 22 1645, by Senator Libous, Senate Print 7810, an 23 act to amend the Education Law, in relation to 8661 1 the definition of practice of podiatry. 2 SENATOR PATERSON: Explanation. 3 ACTING PRESIDENT KUHL: Senator 4 Libous, an explanation has been requested of 5 Calendar Number 1645. 6 SENATOR LIBOUS: Thank you, Mr. 7 President. 8 Basically, what this legislation 9 does is it defines the definition of the 10 practice of podiatry. 11 ACTING PRESIDENT KUHL: Is there 12 any Senator wishing to speak on the bill? 13 Senator Paterson. 14 SENATOR PATERSON: Mr. President, 15 will the Senator yield for a question? 16 ACTING PRESIDENT KUHL: Senator 17 Libous, do you yield? 18 SENATOR LIBOUS: Yes. 19 ACTING PRESIDENT KUHL: The 20 Senator yields. 21 SENATOR PATERSON: Senator, this 22 will expand the scope of podiatry under the 23 law? 8662 1 SENATOR LIBOUS: No. It actually 2 redefines it, Senator. 3 SENATOR PATERSON: Redefines it? 4 Would the podiatrist now be able to perform what 5 would in a sense be a physical examination? 6 SENATOR LIBOUS: No, Mr. 7 President. As a matter of fact, Senator 8 Paterson is probably referring to a memo of 9 opposition by the Medical Society. 10 Senator Paterson, I just want to 11 bring this to your attention because I think it 12 will answer your question. 13 The memo of opposition is on Bill 14 Senate Print 6285. We're debating 7810 and, 15 Senator, we have amended the bill since this 16 memo has been printed. As a matter of fact, the 17 bill was reprinted on Tuesday, the 12th, and I 18 see this memo was written on 6/13. Apparently, 19 the Medical Society didn't update their memo. 20 But that is now taken out of the 21 bill, Senator. 22 ACTING PRESIDENT KUHL: Senator 23 Paterson. 8663 1 SENATOR PATERSON: Well, I know 2 about the first bill, Senator. But this memo I 3 have is on 7810. It is updated. They still 4 oppose it, and the reason that they oppose it is 5 that they feel that podiatrists don't have the 6 education requisite to actually allow for these 7 physical evaluations, so it appears that they 8 have come forward with a memorandum in 9 opposition. 10 So I was wondering if you would 11 yield for another question. 12 ACTING PRESIDENT KUHL: Senator 13 Libous, do you yield? 14 SENATOR LIBOUS: Certainly, Mr. 15 President. 16 Senator Paterson, if I could see 17 a copy of that, because I don't have that memo, 18 but I can answer your question. I will be happy 19 to answer your question. 20 ACTING PRESIDENT KUHL: The 21 Senator yields. 22 SENATOR PATERSON: (Holding up 23 the paper in his hand) Can you see it? 8664 1 (Laughter.) 2 SENATOR LIBOUS: I see it. 3 The provision that you are 4 discussing basically is defined when we're 5 talking about podiatric treatment, and that is 6 specifically defined already. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson. 9 SENATOR PATERSON: Thank you very 10 much, Senator Libous. 11 Perhaps while the Senator is 12 taking a look at the memorandum so that he might 13 want to reflect on anything further that it 14 says, I will just state for the record that the 15 Medical Society does oppose the legislation. 16 They do feel that there is a standard of 17 professionalism and educational level that must 18 be achieved in order to pronounce or, as would 19 be the case, offer a physical evaluation of an 20 individual who seeks the assistance of a medical 21 care professional and that podiatrists are not 22 trained in that particular area. 23 No disrespect to podiatrists, but 8665 1 that this is something that is outlined in 2 procedures and training that medical physicians 3 go through and is perhaps injurious to the 4 public to have individuals that don't meet the 5 standard to be able to do this. 6 Now, of course, in the past, 7 there's always been a whole situation involving 8 tradition and the fact that podiatrists or any 9 other individuals may work in the field -- and 10 they actually do a very good job, but for legal 11 protections and for the peace of mind of the 12 consumer, I believe this is why the Medical 13 Society has taken a second look at the second 14 bill and has offered the memorandum in 15 opposition. 16 SENATOR LIBOUS: Mr. President, I 17 can answer Senator Paterson's concern. 18 Basically, Senator Paterson, what 19 this does, if you take an individual like my 20 father, who is a diabetic who goes to a 21 podiatrist on a regular basis, when he goes in, 22 that physical examination basically means they 23 may take his blood pressure and make sure that 8666 1 he is in good health overall. 2 But the guidelines for the 3 practice of podiatry are pretty restrictive. 4 Those guidelines are already in place, and this 5 is nothing different than what presently takes 6 place now. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson. 9 SENATOR PATERSON: Thank you, 10 Senator. I'm sorry that you weren't aware of 11 the memorandum, and that's really quite 12 responsive in a very short period of time, and I 13 thank the Senator for his response. Thank you. 14 Mr. President, on the bill. 15 According to the bill, this legislation would 16 also allow for open physical traumatic wounds 17 where the bone might even be escaping the 18 circumference of the skin area, and although 19 this treatment can only be allowed for in a 20 hospital, it is again something that we wonder 21 if podiatrists have received the apt training. 22 I don't know if Senator Libous 23 wants to comment on that, but that was the other 8667 1 concern I just wanted to raise. 2 Thank you. 3 ACTING PRESIDENT KUHL: Is there 4 any other Senator wishing to speak on the bill? 5 (There was no response.) 6 Hearing none, the Secretary will 7 read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect in 90 days. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 Announce the results when 14 tabulated. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar 1645 are Senators 17 Connor, DeFrancisco, Farley, Hoffmann, 18 Marcellino, Nanula, Oppenheimer, Paterson, 19 Seabrook and Seward. Ayes 46, nays 10. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 Senator Marcellino. 23 SENATOR MARCELLINO: Mr. 8668 1 President, at this time, is there any 2 housekeeping? The ever-popular broom. 3 ACTING PRESIDENT KUHL: There's 4 nothing at the desk. 5 Senator Hoffmann, why do you 6 rise? 7 SENATOR HOFFMANN: Mr. President, 8 I request unanimous consent to be recorded in 9 the negative on Calendar 1161. 10 ACTING PRESIDENT KUHL: That was 11 1166, Senator? 12 SENATOR HOFFMANN: 1161. 13 Thank you. 14 ACTING PRESIDENT KUHL: 1161 - 15 excuse me. Without objection, hearing no 16 objection, Senator Hoffmann will be recorded in 17 the negative on Calendar Number 1161. 18 There is no housekeeping at the 19 desk, Senator Marcellino. 20 SENATOR MARCELLINO: Mr. 21 President. 22 ACTING PRESIDENT KUHL: Senator 23 Marcellino. 8669 1 SENATOR MARCELLINO: Pending 2 further messages of necessity, may the Senate 3 stand at ease, and we'll call you back. Please 4 stay close so we can call you back when we 5 receive the appropriate messages. 6 I'm sorry. Stand at ease. 7 ACTING PRESIDENT KUHL: The 8 Senate will stand at ease for a few moments. 9 (Whereupon, at 4:30 p.m., Senate 10 was at ease.) 11 (The Senate reconvened at 5:37 12 p.m.) 13 ACTING PRESIDENT KUHL: Senate 14 will come to order. 15 SENATOR SKELOS: Mr. President, 16 at this time could you, on the original 17 calendar, the main calendar, would you please 18 call up Calendar 282. 19 ACTING PRESIDENT KUHL: For the 20 benefit of the members we're on Calendar Number 21 63, the original calendar of the day. We'll 22 call up Calendar Number 282. 23 SENATOR GOLD: Mr. President. 8670 1 ACTING PRESIDENT KUHL: Yes, 2 Senator Gold. Why do you rise? 3 SENATOR GOLD: Before you do 4 that, could I please be recorded in the negative 5 on Calendar 1645. 6 ACTING PRESIDENT KUHL: Without 7 objection, hearing no objection, Senator Gold is 8 recorded in the negative on 1645. 9 Secretary will read the title of 10 Calendar Number 282. 11 THE SECRETARY: Calendar Number 12 282, by Senator Lack, Senate Print Number 3775 13 C, an act to amend the Family Court Act. 14 ACTING PRESIDENT KUHL: Senator 15 Skelos. 16 SENATOR SKELOS: Mr. President, 17 is there a message of necessity at the desk. 18 ACTING PRESIDENT KUHL: There 19 is. 20 SENATOR SKELOS: Move to accept 21 the message. 22 ACTING PRESIDENT KUHL: Motion is 23 to accept the message of necessity on Calendar 8671 1 282. All those in favor say aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response.) 5 The message is accepted. 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 57. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 on the main calendar would you call up Calendar 18 Number 452. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the title of Calendar 452. 21 THE SECRETARY: Calendar Number 22 452, by Senator Holland, Senate Print 218-A, an 23 act to amend the Real Property Tax Law. 8672 1 SENATOR SKELOS: Is there a 2 message of necessity at the desk? 3 ACTING PRESIDENT KUHL: There 4 is. 5 SENATOR SKELOS: Move to accept. 6 ACTING PRESIDENT KUHL: Motion is 7 to accept the message of necessity on Calendar 8 452. All those in favor of accepting the message 9 of necessity signify by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response.) 13 Message is accepted. Secretary 14 will read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect on the first day of 17 January. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 57. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 8673 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 on the main calendar, Calendar 1020, would you 4 call up Calendar 1020. 5 SENATOR TULLY: Mr. President, a 6 point of information. Are we on Calendar Number 7 63. 8 ACTING PRESIDENT KUHL: We're on 9 Calendar Number 63, the first calendar of the 10 day. We've passed two bills, Calendar 282 and 11 452. Now we're going to Calendar 1020. 12 Secretary will read the title of 13 Calendar Number 1020. 14 THE SECRETARY: On page 26, 15 Calendar Number 1020, by Senator Cook, Senate 16 Print 7353-A, an act to amend the Education Law. 17 SENATOR SKELOS: Is there a 18 message of necessity at the desk? 19 ACTING PRESIDENT KUHL: There 20 is. 21 SENATOR SKELOS: Move we accept 22 the message. 23 ACTING PRESIDENT KUHL: Motion is 8674 1 to accept the message of necessity on Calendar 2 Number 1020. All those in favor of accepting 3 the message of necessity signify by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response.) 7 ACTING PRESIDENT KUHL: Motion is 8 accepted. Secretary - 9 SENATOR PATERSON: Explanation. 10 ACTING PRESIDENT KUHL: 11 Explanation of Calendar 1020 has been asked 12 for. 13 SENATOR COOK: Mr. President, 14 essentially this bill permits school districts 15 to designate a certified nurse practitioner as 16 the head of the school health services when 17 there is no physician available in the 18 district. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: Mr. President. 22 Would you repeat after me: The Secretary - 23 ACTING PRESIDENT KUHL: The 8675 1 Secretary will read the last section. 2 SENATOR PATERSON: You've got it. 3 THE SECRETARY: Section 19. This 4 act shall take effect on the first day of 5 September. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 57. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Skelos. 13 SENATOR SKELOS: On the main 14 calendar, Mr. President, would you call up 15 Calendar Number 1399. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the title of Calendar Number 1399. 18 THE SECRETARY: Calendar Number 19 1399, by Senator Hoblock, Senate Print 7631-A, 20 an act to amend the Criminal Procedure Law, the 21 Family Court Act and the Penal Law. 22 ACTING PRESIDENT KUHL: Senator 23 Skelos. 8676 1 SENATOR SKELOS: Message of 2 necessity at the desk. 3 ACTING PRESIDENT KUHL: There is. 4 SENATOR SKELOS: Move to accept 5 the message. 6 ACTING PRESIDENT KUHL: Motion is 7 to accept the message of necessity on Calendar 8 Number 1399. All those in favor signify by 9 saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response. ) 13 The message is accepted. 14 Secretary will read the last section. 15 THE SECRETARY: Section 7. This 16 act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 57. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 8677 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 on Supplemental Calendar Number 1, please call 4 up Calendar Number 1603, by Senator Farley. 5 ACTING PRESIDENT KUHL: On 6 Supplemental Calendar Number 1, Secretary will 7 read the title of Calendar Number 1603, by 8 Senator Farley. 9 THE SECRETARY: Calendar Number 10 1603, by Senator Farley, Senate Print 3289-C, an 11 act to amend the Tax Law. 12 SENATOR SKELOS: Mr. President, 13 is there a message of necessity at the desk? 14 ACTING PRESIDENT KUHL: There 15 is. 16 SENATOR SKELOS: Move to accept. 17 ACTING PRESIDENT KUHL: Motion is 18 to accept the message of necessity on Calendar 19 Number 1603. All those in favor signify by 20 saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response. ) 8678 1 The message is accepted. 2 Secretary will read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the first day of April. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 57. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 on the original active list, would you call up 14 Calendar Number 721. 15 ACTING PRESIDENT KUHL: Back on 16 the regular calendar, but on the supplemental 17 active list, Secretary will read the title of 18 Calendar Number 721. 19 THE SECRETARY: Calendar Number 20 721, by Senator Kuhl, Senate Print 3981-A, an 21 act to amend the Agriculture and Markets Law. 22 ACTING PRESIDENT KUHL: Senator 23 Skelos. 8679 1 SENATOR SKELOS: Is there a 2 message of necessity at the desk? 3 ACTING PRESIDENT KUHL: Yes, 4 there is. 5 SENATOR SKELOS: Move we accept. 6 ACTING PRESIDENT KUHL: Motion is 7 to accept the message of necessity on Calendar 8 Number 721. All those in favor signify by 9 saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response. ) 13 The message is accepted. 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect July 1. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 57. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 Senator Skelos. 8680 1 SENATOR SKELOS: Mr. President, I 2 believe there are two -- if we could return to 3 motions and resolutions. I believe there are two 4 resolutions at the desk by Senator Kuhl. I ask 5 the titles be read on each one and move their 6 adoption. 7 ACTING PRESIDENT KUHL: Return to 8 motions and resolutions, and the Secretary will 9 read the title to the two privileged resolutions 10 at the desk. 11 THE SECRETARY: By Senator Kuhl, 12 Legislative Resolution congratulating Mildred 13 and Robert DeWitt upon the occasion of their 14 50th Wedding Anniversary. 15 Legislative Resolution commending 16 Glenn Miller as Firefighter of the Year by the 17 Yates County Firemen's Association. 18 ACTING PRESIDENT KUHL: Question 19 is on the resolutions. All those in favor say 20 aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response.) 8681 1 The resolutions are adopted. 2 Chair recognizes Senator Farley. 3 SENATOR FARLEY: Do I have to 4 stand? 5 On behalf of Senator Wright over 6 here, I offer the following amendments to 7 Calendar Number 1005, Senate Print 6629-B, and I 8 ask that that bill retain its place on the Third 9 Reading Calendar. 10 ACTING PRESIDENT KUHL: 11 Amendments to 1005 are received and adopted and 12 the bill will retain its place on the Third 13 Reading Calendar. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 on Calendar 63, would you call up Calendar 803. 17 ACTING PRESIDENT KUHL: On the 18 original calendar, Secretary will read the title 19 of Calendar 803. 20 THE SECRETARY: Calendar Number 21 803, by Senator Maltese, Senate Print 5843-A, an 22 act to amend the Retirement and Social Security 23 Law. 8682 1 ACTING PRESIDENT KUHL: There is 2 a home rule message at the desk. Secretary will 3 read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 57. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 would you call up Calendar Number 875. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the title of Number 875. 17 THE SECRETARY: Calendar Number 18 875, by member of the Assembly Sweeney, Assembly 19 Print 6132-E, an act to amend the Education Law 20 and the State Finance Law. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 6. This 8683 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 57. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 would you call up Calendar Number 920. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the title of Calendar Number 920, on 13 page 21. 14 THE SECRETARY: Calendar Number 15 920, by Senator LaValle, Senate Print 7226-A, an 16 act to amend the Education Law and others. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 56. This 20 act shall take effect on the 180th day. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 8684 1 THE SECRETARY: Ayes 57. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator Abate, why do you rise? 5 SENATOR ABATE: Yes, Mr. 6 President. I ask unanimous consent to be 7 recorded in the negative on Calendar Number 8 1645. 9 ACTING PRESIDENT KUHL: Without 10 objection, hearing no objection, Senator Abate 11 is recorded in the negative on Calendar Number 12 1645. 13 SENATOR ABATE: Thank you. 14 ACTING PRESIDENT KUHL: Senator 15 Santiago, why do you rise? 16 SENATOR SANTIAGO: Mr. President, 17 I would like the record to show that if I had 18 been in the chamber when the following bills 19 were called, I would have voted in the 20 negative. That's Senate Bill 5590, 5591, 5592, 21 5593, 5594, 7714, 7723, 7724, 7725 and 7733. 22 Thank you very much. 23 ACTING PRESIDENT KUHL: Senator 8685 1 Santiago, the record will reflect that had you 2 been in the chamber when the roll call was taken 3 on these bills, that you would have voted in the 4 negative. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 on the original active list, would you call 8 Calendar Number 1533, by Senator Tully. 9 THE SECRETARY: Calendar Number 10 1533 - 11 ACTING PRESIDENT KUHL: Secretary 12 will read Calendar Number 1533. 13 THE SECRETARY: Calendar Number 14 1533, by Senator Tully, Senate Print 4908-A, an 15 act to authorize the county of Nassau. 16 SENATOR SKELOS: Mr. President, 17 is there a message at the desk? 18 ACTING PRESIDENT KUHL: There is. 19 SENATOR SKELOS: Move we accept. 20 ACTING PRESIDENT KUHL: Motion is 21 to accept the message of necessity on Calendar 22 1533. All those in favor signify by saying 23 aye. 8686 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response. ) 4 The message is accepted. 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 57. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 on Supplemental Calendar Number 3, would you 17 call up Calendar Number 1646, by Senator Lack. 18 ACTING PRESIDENT KUHL: On 19 Supplemental Calendar Number 3, page 1, 20 Secretary will read the title to Calendar Number 21 1646. 22 THE SECRETARY: Calendar Number 23 1646, by Senator Lack, Senate Print 7829, an act 8687 1 relating to the preservation, protection and 2 management. 3 ACTING PRESIDENT KUHL: Senator 4 Skelos. 5 SENATOR SKELOS: Mr. President, 6 is there a message at the desk? 7 ACTING PRESIDENT KUHL: There is. 8 SENATOR SKELOS: Move we accept. 9 ACTING PRESIDENT KUHL: Motion is 10 to accept the message of necessity on Calendar 11 Number 1646. All those in favor signify by 12 saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response. ) 16 The message is accepted. 17 Secretary will read the last section. 18 THE SECRETARY: Section 12. 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 57. 8688 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 can we stand at ease, please. 6 SENATOR WRIGHT: Mr. President. 7 Mr. President. 8 ACTING PRESIDENT KUHL: Senator 9 Skelos. Prior to Senator Skelos. 10 Senator Wright, why do you rise? 11 SENATOR WRIGHT: Thank you, Mr. 12 President. I ask unanimous consent to be 13 recorded in the negative on Calendar Number 14 1645. 15 ACTING PRESIDENT KUHL: Without 16 objection, hearing no objection, Senator Wright 17 will be recorded in the negative on Calendar 18 Number 1645. 19 Senator Skelos. 20 SENATOR SKELOS: On the main 21 calendar, Calendar 63, would you call up 22 Calendar Number 479. 23 ACTING PRESIDENT KUHL: Secretary 8689 1 will read the title to Calendar Number 479 which 2 is on page 10 of the original calendar of the 3 day, Calendar Number 63. Secretary will read. 4 THE SECRETARY: Calendar Number 5 479, by Senator Saland, Senate Print 6145-A, an 6 act to amend the Real Property Tax Law. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 4. 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 57. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 would you call up Calendar Number 658. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the title of Calendar Number 658, on 22 page 14 of Calendar Number 63. 23 THE SECRETARY: Calendar Number 8690 1 658, by member of the Assembly Harenberg, 2 Assembly Print 3490-A, an act to amend the 3 Executive Law. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 57. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 would you call up Calendar Number 772. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the title of Calendar Number 772, 19 which is on page 18. 20 THE SECRETARY: Calendar Number 21 772, by Senator Holland, Senate Print 6860-B, an 22 act to amend the Social Services Law. 23 ACTING PRESIDENT KUHL: Secretary 8691 1 will read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect 100 - 4 SENATOR LEICHTER: Explanation. 5 ACTING PRESIDENT KUHL: Senator 6 Holland, an explanation of Calendar 772 has been 7 asked for by Senator Leichter. 8 SENATOR HOLLAND: Mr. President, 9 the purpose of this bill is to divert applicants 10 and recipients of public assistance from public 11 assistance rolls if their needs can be met by 12 providing a child care allowance rather than 13 cash benefits. In other words, they would just 14 receive child care allowance. 15 SENATOR LEICHTER: Senator 16 Holland yield, please? 17 ACTING PRESIDENT KUHL: Senator 18 Holland, do you yield to Senator Leichter? 19 Senator yields. 20 SENATOR LEICHTER: Yeah, Senator, 21 let me just see if I understand it. People - 22 this applies to people on public assistance who 23 also are employed? 8692 1 SENATOR HOLLAND: Anyone. It 2 could apply to anyone who qualifies for public 3 assistance - 4 SENATOR LEICHTER: Right. 5 SENATOR HOLLAND: -- but doesn't 6 take public assistance, only child care. They 7 would have to qualify for it though. 8 SENATOR LEICHTER: O.K. Obviously 9 they'd have to have children to qualify for day 10 care. 11 SENATOR HOLLAND: Yes. 12 SENATOR LEICHTER: I understand 13 that, and they would be given a choice of either 14 getting their public assistance grant or 15 receiving day care. 16 SENATOR HOLLAND: Only day care, 17 yes, sir, and they would have to be employed as 18 you suggested. 19 SENATOR LEICHTER: I'm sorry. 20 Could you speak up? I can't hear. 21 SENATOR HOLLAND: And they would 22 have to be employed, as you suggest. 23 SENATOR LEICHTER: They would 8693 1 have to be employed. 2 SENATOR HOLLAND: Yes. 3 SENATOR LEICHTER: Now, for the 4 sake of the argument, if the cost of the day 5 care is more than the grant that they were 6 receiving, would they still qualify for the day 7 care? 8 SENATOR HOLLAND: So that you 9 understand, they would already be eligible for 10 the day care. They would -- they would have to 11 qualify for the day care. Try again. 12 SENATOR LEICHTER: Well - 13 SENATOR HOLLAND: If the day care 14 was worth more than the other, they would get 15 the day care, yes. Is that the question? 16 SENATOR LEICHTER: All right. 17 And is that the choice of the day care 18 recipient? 19 SENATOR HOLLAND: The choice 20 would be of the applicant, yes. They could 21 either choose to go on PA or they could, yes, 22 choose the day care. 23 SENATOR LEICHTER: Is there any 8694 1 diminution in benefit as a consequence of your 2 bill? 3 SENATOR HOLLAND: Well, 4 necessarily, they would not get the cash grant 5 but that's their choice. They would choose just 6 the day care. 7 SENATOR LEICHTER: Well, Senator, 8 is it possible under existing law that one of 9 the people who would be covered by your bill 10 could presently receive a grant, that they might 11 also be qualified to receive day care in an 12 effort to get that person back to work? 13 SENATOR HOLLAND: Yes. 14 SENATOR LEICHTER: But under your 15 bill they could no longer receive both the grant 16 and day care? 17 SENATOR HOLLAND: It's not that 18 they could no longer, Senator. It's that some 19 people choose not to go on public assistance at 20 all, even though they're qualified for it. 21 These people could choose just the day care 22 component if they so chose. Right now they 23 would have to go on public assistance in order 8695 1 to get the day care. Under this bill they could 2 choose only day care if they wanted to. 3 SENATOR LEICHTER: So am I 4 correct in understanding that the purpose of 5 this is that, for those people who would qualify 6 for public assistance and day care but who, for 7 various reasons, do not wish to take the public 8 assistance, at least it would enable them to get 9 the day care? 10 SENATOR HOLLAND: That's 11 correct. 12 SENATOR LEICHTER: And that's all 13 that the bill does? 14 SENATOR HOLLAND: Yes, sir. 15 ACTING PRESIDENT KUHL: Any other 16 Senator wishing to speak on the bill? Hearing 17 none, the Secretary will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect in 180 days. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 57. 8696 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Skelos. 4 SENATOR SKELOS: Would you call 5 up Calendar Number 1585, by Senator Saland. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the title to Calendar Number 1585 on 8 page 40 of the first calendar of the day, 9 Calendar Number 63. 10 THE SECRETARY: Calendar Number 11 1585, by Senator Saland, Senate Print 7672, an 12 act in relation to authorizing the city of 13 Poughkeepsie. 14 ACTING PRESIDENT KUHL: There's a 15 home rule message at the desk. Secretary will 16 read the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT KUHL: The bill 8697 1 is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 on the original active list, would you call up 5 Calendar Number 939, by Senator Rath. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the title to Calendar Number 939, on 8 page 22 of the original calendar. 9 THE SECRETARY: Calendar Number 10 939, by Senator Rath, Senate Print 7153-B, an 11 act to amend the County Law and the General 12 Municipal Law. 13 ACTING PRESIDENT KUHL: Senator 14 Skelos. 15 SENATOR SKELOS: Is there a 16 message of necessity at the desk? 17 ACTING PRESIDENT KUHL: There 18 is. 19 SENATOR SKELOS: Move we accept. 20 ACTING PRESIDENT KUHL: Motion is 21 to accept the message of necessity on Calendar 22 Number 939. All those in favor signify by 23 saying aye. 8698 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response.) 4 The message is accepted. 5 Secretary will read the last section. 6 THE SECRETARY: Section 7. 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 57. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 Senator Skelos. 15 ACTING PRESIDENT KUHL: Senate 16 will come to order. 17 SENATOR SKELOS: Mr. President. 18 ACTING PRESIDENT KUHL: Have the 19 members take their places, curtail the 20 conversations. We still have some business to 21 do. 22 Senator Leichter? Senator 23 Skelos. 8699 1 SENATOR SKELOS: Mr. President, 2 would you call up Calendar Number 271, by 3 Senator Levy. This bill had passed previously, 4 was recalled, amended, and now we have a message 5 from the Governor. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the title to Calendar Number 271. For 8 the benefit of those members, the bill was just 9 distributed and placed on your desks. Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 271, by Senator Levy, Senate Print 5960-A, an 13 act to amend the Vehicle and Traffic Law and the 14 Criminal Procedure Law. 15 ACTING PRESIDENT KUHL: Senator 16 Skelos. 17 SENATOR SKELOS: Mr. President, 18 is there a message of necessity at the desk. 19 ACTING PRESIDENT KUHL: There is. 20 SENATOR SKELOS: Move we accept. 21 ACTING PRESIDENT KUHL: Motion is 22 to accept the message of necessity on Calendar 23 Number 271. All those in favor signify by 8700 1 saying aye. 2 (Response of "Aye.") 3 All those opposed nay. 4 (Senator Marchi indicates 5 negative.) 6 ACTING PRESIDENT KUHL: Is there 7 any Senator wishing to speak on Calendar Number 8 271? 9 Senator Dollinger? 10 SENATOR DOLLINGER: Could we just 11 have a quick explanation, Mr. President? 12 SENATOR LEVY: Senator, we had a 13 rather lengthy discussion on this bill 14 yesterday. Let me say that there is now a 15 three-way agreement. This is a Governor's 16 program bill. Thirty-two states, plus the 17 District of Columbia, have previously enacted 18 what is called colloquially a "zero tolerance" 19 bill, .02, .01 or zero BAC. 20 This is a .02 bill. There are 21 three -- explanation satisfactory? 22 SENATOR DOLLINGER: Well, I just 23 -- what is different in this bill - 8701 1 SENATOR LEVY: I just was going 2 to give you the three substantive changes. This 3 is a less restrictive bill than we passed here 4 yesterday. That bill was also a Governor's 5 program bill. 6 Under the bill we had before us 7 yesterday, the suspension period was nine 8 months; under this bill it is now consistent 9 with my bill of last year which passed this 10 house. The same provision was in the Assembly 11 bill; the Assembly did not pass their bill last 12 year. They passed the bill this year. The bill 13 before us has the six-month penalty that we had 14 in last year's bill. 15 The second provision under the 16 Governor's program bill, the records were in 17 existence for ten years. Under this bill there 18 is a compromise. The records are to be 19 destroyed not longer than three years or to the 20 age of 21, whichever is longer, so it is less 21 restrictive. 22 SENATOR DOLLINGER: Through you, 23 Mr. President, not just -- is that from the date 8702 1 of the infraction or the date of the incident? 2 SENATOR LEVY: Yes, from the date 3 of the incident, yes, from the date of the 4 incident. 5 And finally under the Governor's 6 program bill someone who is charged not under 7 the bill we had before us yesterday but charged 8 with DWAI, less than .10, under the Governor's 9 bill a person who was 16, 17, 18, 19 or 20 under 10 the Governor's bill, they could not plead out of 11 1192-a, to a non-alcohol offense. 12 Under this bill, with the consent 13 of the district attorney, a young person 16 14 through and including 20 can plead to .02, 15 operating a motor vehicle after having consumed 16 alcohol. Those are the three substantive 17 changes. 18 ACTING PRESIDENT KUHL: Senator 19 Dollinger. 20 SENATOR DOLLINGER: Mr. 21 President, just briefly on the bill. 22 I want to commend Senator Levy. 23 We've spoken about this before, seeing this 8703 1 thing through to the conclusion. I think that's 2 a fair compromise with those three ingredients 3 in it. As a father of a 17-year-old, I can 4 appreciate what this bill is all about, and I 5 strongly support it. 6 Thank you. 7 ACTING PRESIDENT KUHL: Senator 8 Marchi. 9 SENATOR MARCHI: Mr. President, 10 if I could explain my vote. 11 ACTING PRESIDENT KUHL: Let me 12 read the last section then. Secretary will read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect on the first day of 16 November. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 ACTING PRESIDENT KUHL: Senator 21 Marchi, to explain his vote. 22 SENATOR MARCHI: I only say this 23 with the greatest respect for my distinguished 8704 1 colleague, Senator Levy. I have taken a 2 position -- I am not going to belabor this at 3 this hour -- that once they're 18, we shouldn't 4 have two standards. One standard should apply to 5 all. If it's zero, zero for everybody, but I 6 don't -- I don't buy the concept that there be a 7 notion of gradualism. 8 In fact, I don't agree with the 9 21-year-old law to begin with. I just think 10 that it creates a cynicism among youngsters. 11 It's my point of view, and I think the majority 12 of the population doesn't agree, but I don't 13 think it's a constructive way to approach the 14 problem of sobriety in the operation of a motor 15 vehicle or the conduct by a young adolescent or 16 emerging adult with respect to alcohol. 17 So I vote no. 18 ACTING PRESIDENT KUHL: Senator 19 Marchi will be recorded in the negative. 20 The Chair recognizes Senator 21 DeFrancisco to explain his vote. 22 SENATOR DeFRANCISCO: Yes, I also 23 vote in the negative, and I spoke on this when 8705 1 it came up the last time, that .02 or .01 are 2 standards which I think come within the standard 3 deviation of error in the testing that is 4 conducted by the tests that are used for DWI 5 arrests and, as Senator Marchi mentioned and I 6 mentioned the last time, we are in a situation 7 that we are treating people of different ages 8 differently. 9 If it's such a wonderful idea to 10 have zero tolerance, then we should have zero 11 tolerance not only for the people that vote the 12 least, the young adults, but for the senior 13 citizens, the people that aren't senior 14 citizens, the whole community, and I think it's 15 a standard that should apply to all, not to just 16 one group. If it was any other group that we 17 were carving out to have special more stiff 18 laws, then I think we would have outrage 19 expressed on this Senate floor. 20 So no doubt someone at some point 21 will accuse me of coddling, coddling those 22 individuals who would violate the alcoholic 23 beverage laws in the state of New York. They 8706 1 are dead wrong. I just think this type of bill 2 is the wrong bill to accomplish that. I've 3 supported many, many bills dealing with stiffer 4 penalties for DWI that were across the board and 5 I feel that this bill is not a good bill and for 6 those reasons I'm voting no. 7 ACTING PRESIDENT KUHL: Senator 8 DeFrancisco will be voting in the negative. 9 The Chair recognizes Senator 10 Hoffmann, to explain her vote. 11 SENATOR HOFFMANN: I find myself 12 in very strong agreement with Senator 13 DeFrancisco in this instance, and I have a great 14 deal of difficulty setting a double standard for 15 young people. I believe if they are responsible 16 drivers, we should treat them as responsible 17 drivers and we should not create an entirely 18 different standard of measurement for them than 19 for the rest of the population. 20 I was one of those people who 21 initially opposed increasing the drinking age 22 out of concern that we would be sending a 23 message to young people that we expected them to 8707 1 be abusive of alcohol. This is another 2 illustration that sends a very negative message 3 to young people. It implies that they are 4 somehow incapable of doing what other people are 5 doing, that we expect them to do wrong, and it 6 becomes a self-fulfilling prophecy. 7 People in Central New York in the 8 law enforcement field have made it extremely 9 clear to me that, in the year since the drinking 10 age has been raised, there is a proliferation of 11 illegal drinking, and I'm afraid that there is 12 also a spill-over effect of other illegal 13 activity and a general lack of respect for the 14 law. People who are singly targeted by special 15 legislation are going to be disrespectful of the 16 law and lawmakers in a larger arena, and we are 17 once again inviting young people to disrespect 18 us by showing that we do not have confidence in 19 them. 20 I will vote in the negative. 21 ACTING PRESIDENT KUHL: Senator 22 Hoffmann will be recorded in the negative. 23 Announce the results. 8708 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 271 are Senators 3 DeFrancisco, Hoffmann, Holland and Marchi. Ayes 4 53, nays 4. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 on Supplemental Calendar Number 1, Calendar 10 Number 1623, by Senator Stafford, would you 11 please have the title read. 12 ACTING PRESIDENT KUHL: We're 13 moving to Supplemental Calendar Number 1, page 14 3, Secretary will read the title to Calendar 15 Number 1623. 16 THE SECRETARY: Calendar Number 17 1623, by Senator Stafford, Senate Print 7749, an 18 act approving the exchange of certain lands. 19 ACTING PRESIDENT KUHL: Senator 20 Skelos. 21 SENATOR SKELOS: Is there a 22 message of necessity at the desk? 23 ACTING PRESIDENT KUHL: There is. 8709 1 SENATOR SKELOS: Move to accept 2 the message. 3 ACTING PRESIDENT KUHL: Motion is 4 to accept the message of necessity on Calendar 5 Number 1623. All those in favor signify by 6 saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 The message is accepted. 10 The Secretary will read the last 11 section. 12 THE SECRETARY: Section 9. 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 57. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 on Supplemental Calendar Number 2, would you 23 please call up Calendar Number 1633. 8710 1 ACTING PRESIDENT KUHL: We're 2 moving to calendar -- Supplemental Calendar 3 Number 2, page 1. Secretary will read the title 4 of the Calendar Number 1633. 5 THE SECRETARY: Calendar Number 6 1633, by Senator Padavan, Senate Print 7744, an 7 act to amend the Retirement and Social Security 8 Law. 9 ACTING PRESIDENT KUHL: Senator 10 Skelos. 11 SENATOR SKELOS: Is there a 12 message of necessity at the desk? 13 ACTING PRESIDENT KUHL: There 14 is. 15 SENATOR SKELOS: Move to accept. 16 ACTING PRESIDENT KUHL: Motion is 17 to accept the message of necessity on Calendar 18 Number 1633. All those in favor signify by 19 saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response. ) 23 The message is accepted. There 8711 1 is a home rule message at the desk. Secretary 2 will read the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 57. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 on Supplemental Calendar Number 3, would you 14 call up Calendar Number 1644, by Senator 15 Hannon. 16 ACTING PRESIDENT KUHL: We're now 17 moving to Supplemental Calendar Number 3, page 18 1, ask the Secretary to read the title of 19 Calendar Number 1644. 20 THE SECRETARY: Calendar Number 21 1644, by Senator Hannon, Senate Print 7779, an 22 act to amend the Public Health Law. 23 ACTING PRESIDENT KUHL: Senator 8712 1 Skelos. 2 SENATOR SKELOS: Mr. President, 3 is there a message at the desk? 4 ACTING PRESIDENT KUHL: There is. 5 SENATOR SKELOS: Move we accept. 6 ACTING PRESIDENT KUHL: Motion is 7 to accept the message of necessity on Calendar 8 Number 1644. All those in favor signify by 9 saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response. ) 13 Message is accepted. 14 SENATOR PATERSON: Explanation. 15 ACTING PRESIDENT KUHL: Senator 16 Hannon, an explanation OF Calendar Number 1644, 17 Senate Print Number 7779, has been requested by 18 the Acting Minority Leader, Senator Paterson. 19 SENATOR HANNON: Mr. President, 20 this legislation would improve the physician 21 discipline procedures of the state of New York. 22 We last passed major legislation on this in 23 1991. It's become obvious that there is a need 8713 1 to do some substantial fine tuning, and there 2 are some significant changes that we believe 3 will aid things in general and prevent such 4 tragedies as occurred with the Dr. Benjamin case 5 in which a patient died during a procedure being 6 performed by that doctor after a medical 7 disciplinary committee had already ordered that 8 his license be revoked. 9 There are a number of changes 10 here, in regard to public disclosures of orders, 11 elimination -- an automatic stay which would 12 allow people who already received disciplinary 13 action to stay that while appeal is pending, 14 notice, summary orders, there are a number of 15 things that are done including ironically the 16 requirement that when a disciplinary action has 17 been taken by an HMO, that that would be 18 reported to the Department of Health. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: Mr. President, 22 if Senator Hannon would yield for a few 23 questions. 8714 1 SENATOR HANNON: Yes, Mr. 2 President. 3 ACTING PRESIDENT KUHL: Senator 4 yields. 5 SENATOR PATERSON: Senator, when 6 there is a -- when there is a stay pending the 7 appeal, the doctor is not allowed to practice at 8 that time, is he or she? I was wondering, can 9 the doctor practice at that time during the 10 stay? 11 SENATOR HANNON: Now, there is an 12 automatic stay that is available to the 13 physician in the -- after there has been a 14 hearing and they make appeal either to the 15 courts or to the administrative review board. 16 This bill would remove that automatic stay in 17 those very serious cases which involve a 18 revocation or suspension. 19 Other things that might involve 20 better record keeping or something, those would 21 continue to be subject to the stay. 22 ACTING PRESIDENT KUHL: Senator 23 Paterson. 8715 1 SENATOR PATERSON: Thank you, Mr. 2 President. Just one second. I beg your 3 indulgence, Mr. President. 4 Thank you, Mr. President. So 5 Senator, I think I have this right now. In a 6 case such as -- I'm not really sure, but I have 7 to at least try to be positive. 8 In the 1991 situation as in the 9 case of what happened with Dr. Benjamin, in that 10 particular case since there was a recommendation 11 of a disciplinary committee, am I correct that 12 he had a stay at that particular time, this 13 would now remove it and he wouldn't have been 14 able to have been practicing at that time should 15 a situation recur in another instance? 16 SENATOR HANNON: You're exactly 17 right, Senator, and this is one of the, I think, 18 two major improvements that this bill adds to 19 the current process. It really leaves all of us 20 in a bit of an untenable public posture to have 21 constructed a system, to have a complaint made, 22 an investigation made and a hearing been carried 23 out and the result of that hearing is that 8716 1 somebody should have their license suspended or 2 revoked and yet by the mere fact of filing 3 appeal to the courts, their being able to 4 continue that practice. 5 I might add, Senator, you remind 6 me of a point that is another -- the other major 7 aspect of this is that of the time at which the 8 publicity about the action occurs has been moved 9 early in the process so that as soon as the 10 hearing takes place and there has been a result, 11 that there is a narrow public disclosure. 12 That is not the case under the 13 current situation, so we think that once again, 14 we make this a much more dependable procedure, 15 much more tenable procedure, that we say that 16 after the hearing has been carried out that it 17 should be public and there should not be in very 18 serious cases an automatic stay. 19 Those are the major advances, and 20 I think that the people who are supporting this 21 legislation, the Medical Society had to go 22 through a lot of internal decision-making to 23 come up with that conclusion that this ought to 8717 1 be supported. 2 There were other groups, consumer 3 groups, profes... people who help deal with 4 consumer -- with medical education, treatment, 5 thought that this was an excellent advance, 6 people like NYPIRG and the New Yorkers for 7 Professional -- I think professional medical - 8 Professional Medical Treatment. I don't have 9 the exact name right here, so I think these are 10 some major advances. 11 Do they answer all the questions 12 that are out there? I'm not so sure. We're 13 dealing with once again a medical profession. 14 It's a question of dealing with treatment of 15 art. It's not totally a science. We wish it 16 were much more certain, had much more exacti 17 tude, but could we -- I think these make major 18 advances. 19 SENATOR PATERSON: Well, so far, 20 Senator, it's quite thorough. If the Senator 21 would yield for a couple more questions. 22 ACTING PRESIDENT KUHL: Senator 23 Hannon, do you continue to yield? 8718 1 SENATOR HANNON: Yes, Mr. 2 President. 3 ACTING PRESIDENT KUHL: Senator 4 yields. 5 SENATOR PATERSON: Senator, on 6 the issue of the publication if adopted, beyond 7 the regular publication that takes place, is 8 there any specific publication in the doctors' 9 records of the patients who are known to be 10 patients of the doctor at that time? 11 SENATOR HANNON: No, but that's 12 -- that is an ongoing question in regard to 13 treatment, an ongoing question regard to 14 questions of procedure. There is just a 15 question of how far you can extend this string 16 out. In fact, until we get into a managed care 17 system, there probably is no recordkeeping that 18 would make available to anybody who has been - 19 what people have been treated for what. 20 We think of the way that your own 21 individual records are kept, that your own 22 individual physicians, there is no way that they 23 have an overall program that says that they're 8719 1 able to detail who's been treated for what 2 within the past month or 12 months. 3 The managed care system they do 4 that, they have that ability. They have the 5 ability to monitor. That's one of the 6 advantages despite what some people would 7 believe, to manage the care, to take a look at 8 the general levels, the general amounts, who has 9 been treated for what and to see how that 10 compares to general population statistics to see 11 if they're doing better or worse than the 12 general population. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson. 15 SENATOR PATERSON: If the Senator 16 would continue to yield for another question. 17 ACTING PRESIDENT KUHL: Senator, 18 you continue to yield? 19 SENATOR HANNON: Yes. 20 ACTING PRESIDENT KUHL: Senator 21 yields. 22 SENATOR HANNON: In the matter of 23 managed care, Senator, I note that HMOs are 8720 1 required to report acts of misconduct and I was 2 wondering if that applies to all acts of profes 3 sional misconduct on the part of the doctor? 4 SENATOR HANNON: All acts? Well, 5 I'm not so sure I understand the difference 6 between -- I don't understand there's a 7 difference. It's whatever is -- that the HMO 8 knows about they have to report, and, therefore, 9 share their information with the rest of the 10 state and the Department of Health. 11 One of the other things, by the 12 way, is to allow the Department of Health to get 13 a chance at the initial time that physicians 14 from another state come into our state to take a 15 look at their records. 16 Right now the registration is 17 with the Department of Education, and the 18 Department of Health doesn't get jurisdiction 19 until they get the New York registration. Now, 20 we're going to have a chance to move the 21 Department of Health's professional conduct 22 scrutiny up sooner in the process when they're 23 beginning to practice in New York. 8721 1 And another interesting thing 2 that they do in terms of oversight is to give 3 the Department of Health jurisdiction over 4 residents. You know, a significant amount of 5 health care in this state is carried out by 6 residents in the medical education programs and 7 somehow in the 1991 statute, the jurisdiction 8 over them was not transferred to DOH but left 9 with the Department of Education. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PATERSON: Thank you, 13 Senator Hannon. 14 Mr. President, on the bill. I 15 think I came to this discussion unalterably 16 opposed to this bill. However, Senator Hannon, 17 with his wisdom and persuasiveness, with his 18 disciplined forthrightness and honesty, has 19 prevailed upon me, but I not only have changed 20 my mind but I just wish the rules of this Senate 21 would permit me to be a supporter and co-sponsor 22 of this legislation. 23 There's probably very little in 8722 1 this legislation that he hasn't covered and I'm 2 quite satisfied. 3 ACTING PRESIDENT KUHL: Chair 4 recognizes Senator Dollinger, on the bill. 5 SENATOR DOLLINGER: Senator - 6 would the sponsor yield to a couple quick 7 questions? 8 ACTING PRESIDENT KUHL: Senator 9 Hannon, do you yield to a couple questions from 10 Senator Dollinger? 11 SENATOR HANNON: Yes, Mr. 12 President. 13 ACTING PRESIDENT KUHL: Senator 14 yields. 15 SENATOR DOLLINGER: Senator 16 Hannon, let me call your attention to page 4, 17 the new language that deals with the summary 18 dismissal from the medical practice or the -- my 19 first question is obviously we've chosen the 20 word "may". The licensed professional will 21 discontinue or refrain from practicing medicine 22 in whole or in part, or to take certain action 23 immediately. We chose the word "may" which 8723 1 shows that the Commissioner will be exercising 2 discretion. We did not choose the word "must" 3 and my question is, why do you leave it up to 4 the Commissioner's discretion? 5 SENATOR HANNON: Senator, bear 6 with me. I don't have the printed version. I 7 have a bill draft version. Just tell me which 8 section of the bill, first, you're dealing 9 with. 10 SENATOR DOLLINGER: Section 7, 11 amends subdivision 12 of Section 230 of the 12 Public Health Law, and then there's a section, 13 creates a new Section 12 which is renumbered, 14 and then it's (b); I guess it's 12 (b), Mr. 15 Chairman. It's the new language that starts, 16 When a licensee has been -- has pleaded or been 17 found guilty, the underlined new section. 18 SENATOR HANNON: What line of the 19 bill? 20 SENATOR DOLLINGER: Well, 21 fortunately, it's line 40, page 4. 22 SENATOR HANNON: 40, O.K. (b) and 23 then. 8724 1 SENATOR DOLLINGER: Starts off, 2 When a licensee has pleaded or been found 3 guilty. 4 SENATOR HANNON: And where does 5 the "may" or "shall" appear? 6 SENATOR DOLLINGER: Line 53 on my 7 copy. 8 SENATOR HANNON: Let me get down 9 to line 50 from 43 by reading it. I would simply 10 respond, it's there so that an appropriate order 11 in regard to that individual can be made by the 12 -- by the Commissioner, and why it ought not to 13 be "must", it may be that there would be situa 14 tions where the "must" would be an inappropriate 15 dictation to be put in statute. 16 SENATOR DOLLINGER: What 17 standards, if any, are in the bill for the 18 exercise of that discretion by the Commissioner, 19 and I guess my question is, do you need them? I 20 don't know. 21 SENATOR HANNON: Well, let's go 22 through what's happening here. We have a 23 complaint being made. There is a review by 8725 1 Office of Professional Misconduct -- Office of 2 Professional Conduct, in regard to that 3 complaint. Many might be dismissed. We then 4 have an Investigations Committee, which is the 5 equivalent of a grand jury, that will go through 6 and will set up a record. Then with the notice 7 and procedure and a hearing, we have a Hearing 8 Committee which will make a determination and an 9 order. That Hearing Committee, in and of 10 itself, is sufficient so that if somebody wants 11 to challenge it and appeal the results of the 12 Hearing Committee, they can go directly to court 13 and, as you know, under Section 7803, they could 14 use the record of the Hearing Committee to skip 15 the Supreme Court and go right into the 16 Appellate Division. So there is a sufficient 17 record. 18 So my response to you would be 19 the Commissioner is going to be acting after, at 20 whatever stage he or she needs to act, there is 21 a record that's built that would give her the 22 ability to have facts, to make judgments as to 23 what's appropriate in those circumstances, and I 8726 1 would point out to you that the current adminis 2 tration of this Commissioner has suspended 3 licenses of about 230 physicians in the last 4 year, and that number has sharply increased, 5 that this Commissioner has taken very 6 appropriate, quick, swift action when there have 7 been egregious circumstances that have needed to 8 be dealt with so somebody could not be dealing 9 with the public. 10 So I think the record is there's 11 a good message there, and I think also the 12 history of the revised disciplinary process 13 since '91 shows that there is a certain 14 efficiency and there is a certain, I think, 15 rationale as to the whole process so that the 16 standards that are being used are sufficient for 17 us to have confidence that people can go forward 18 and rely on that. 19 SENATOR DOLLINGER: You've 20 answered my question. You obviously aren't 21 telling her she must do it. We're allowing he 22 or she that she may do it, and the standards 23 that are built into other parts of the law would 8727 1 circumscribe that exercise of discretion. We 2 don't need a public interest and, you know, so 3 long as it serves the public interest to give 4 her or to give the courts the guidance on how to 5 interpret that exercise of discretion. 6 Two other, again - 7 SENATOR HANNON: Yes, to your 8 point; I agree with your point. 9 SENATOR DOLLINGER: Yes, but 10 another technical point. This says that the 11 Commissioner can, in the exercise of that 12 discretion, order them to discontinue practice. 13 I assume that's after the license has been 14 revoked or suspended. Is that correct? 15 And two, and perhaps you can, 16 while you're thinking about that answer, two - 17 SENATOR HANNON: You got to go 18 back to line 40. 19 SENATOR DOLLINGER: All right. 20 This says, if they've been found guilty but it 21 doesn't say - 22 SENATOR HANNON: Pleaded or found 23 guilty or convicted. 8728 1 SENATOR DOLLINGER: Right. This 2 says that they've been convicted of a crime, but 3 it doesn't say that the actual license has been 4 revoked or suspended. 5 Mr. Chairman, the reason why - 6 the reason why I ask that question is because, 7 as you know, if a member of the bar is convicted 8 of a felony, they're automatically disbarred. 9 It doesn't -- they aren't finally disbarred and 10 the disbarment occurs at the time of the 11 conviction, usually ratified by the Appellate 12 Division subsequently, but my question is, 13 there's nothing in here that suggests that the 14 license is revoked or suspended. 15 Is that the intention that there 16 would be other issues to discontinue the 17 practice of medicine without an order, without 18 another order already having revoked or 19 suspending the license? 20 SENATOR HANNON: I don't think - 21 I think, first of all, we're dealing with folks 22 that come into the state. These are proceedings 23 under line 40, pleaded guilty, convicted of an 8729 1 act that constitutes a felony, constituting a 2 felony under New York law. 3 SENATOR DOLLINGER: Right. 4 SENATOR HANNON: So it may be - 5 it may be, say, a misdemeanor under federal or 6 some other state's law, but if it equals a 7 felony under our law, then they get, subject to 8 this section, what would constitute a -- and 9 then the "substantially equivalent to a fine", 10 so once again there's a record part of this. 11 SENATOR DOLLINGER: Right. 12 SENATOR HANNON: So my point to 13 you is, I think there's enough severity that 14 they have to make a judgment based on how severe 15 the acts are. 16 SENATOR DOLLINGER: Just two 17 other again technical - 18 ACTING PRESIDENT KUHL: Senator 19 Hannon, you continue to yield? 20 SENATOR DOLLINGER: I apologize. 21 ACTING PRESIDENT KUHL: Senator 22 continues to yield. 23 SENATOR DOLLINGER: Does this 8730 1 anticipate that the Commissioner could go to 2 court to enforce that order, that is requiring 3 that they discontinue or refrain from practicing 4 medicine and, if so, do you need express statu 5 tory authority to authorize the Commissioner to 6 go into a court to enforce that order? 7 SENATOR HANNON: Sufficient 8 statutory authority under the general powers of 9 the Commissioner. 10 SENATOR DOLLINGER: O.K. 11 SENATOR HANNON: There is nothing 12 that was further needed than this if, for 13 instance, there was to be a flaunting of the 14 order of the Commissioner. 15 SENATOR DOLLINGER: That's my 16 concern. One final question, Mr. Chairman. Is 17 there anticipated that there would be an interim 18 court appeal upon the issue of that order saying 19 discontinue or refrain from practice? 20 SENATOR HANNON: There was. 21 SENATOR DOLLINGER: Because my 22 question, the reason for that is because what 23 this triggers is, this triggers the ability of 8731 1 the Commissioner to say stop practicing 2 medicine. We're going to do this investigation 3 which is described in the later -- later act, 4 another portion of that section. 5 Is it anticipated that an 6 aggrieved physician could seek Article 78 or 7 some similar relief on the basis of the order to 8 refrain even while the continuing administrative 9 appeal was pending? 10 SENATOR HANNON: They can do 11 that, but if it's egregious, the whole idea is 12 to make sure that they can not continue. 13 SENATOR DOLLINGER: Right. I'm 14 simply trying to find out whether the -- I 15 understand you want to put them through the 16 administrative process, but as an advocate for 17 physicians in other contexts, I would be looking 18 to see whether I could challenge the order of 19 the Commissioner, and do you need to give them 20 the authority to do that? 21 SENATOR HANNON: Can, but the 22 ideas is not to allow the challenge, in serious 23 cases to allow the individual to continue to 8732 1 practice. 2 SENATOR DOLLINGER: You would 3 allow them -- in other words this is interpreted 4 to allow them to exhaust their administrative 5 remedies before they go to the courtroom. 6 That's what I thought it was supposed to be. Is 7 that correct? 8 SENATOR HANNON: Yes. 9 SENATOR DOLLINGER: Briefly on 10 the bill, Mr. President. 11 I think this is a good step. I 12 think it does address a significant problem in 13 this state. I -- my understanding is the 14 Medical Society is on board with this, and I 15 think this whole concept of perhaps breaking 16 down some of the public secrecy that too often 17 surrounds both disciplining of physicians, 18 disciplining of lawyers, disciplining perhaps 19 even of judges, I think it's important that the 20 public have confidence in our disciplinary 21 process, have greater access to information 22 about how it works. So I'll be voting in favor 23 of this, Mr. President. 8733 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 SENATOR PADAVAN: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Padavan. 6 SENATOR PADAVAN: Will the 7 sponsor yield to a question? 8 ACTING PRESIDENT KUHL: Senator 9 Hannon, do you yield to a question from Senator 10 Padavan? 11 SENATOR HANNON: Yes. 12 ACTING PRESIDENT KUHL: Senator 13 yields. 14 SENATOR PADAVAN: Senator, res 15 idents graduate from a medical school assigned 16 to a hospital, aren't licensed, as you know. 17 SENATOR HANNON: Yes. 18 SENATOR PADAVAN: As a matter of 19 fact, they can't take Part III of the national 20 boards for at least six months thereafter, so 21 you have now an unlicensed person who, in 22 effect, is a graduate student. Even though he 23 graduated medical school. He's still an 8734 1 unlicensed physician, and he makes a mistake. 2 He's supposed to be under the supervision of a 3 physician in the hospital. He was obviously 4 senior person, staff. Under your bill, what 5 happens to this recently graduated medical 6 student, not yet licensed? 7 SENATOR HANNON: We would add 8 under Section 1 of the bill medical residents to 9 those individuals who would be subject to 10 disciplinary standards of the Office of 11 Professional Conduct. 12 SENATOR PADAVAN: But those 13 standards relate to his license, don't they? 14 SENATOR HANNON: Standards relate 15 to the conduct that the person must use in 16 carrying out their duties. The license per se 17 is that you're of good character and did you pay 18 your fee and things like that? It is -- and in 19 the way we've worded the bill, the term 20 "licensee" shall mean da-da da-da-da, medical 21 resident. 22 SENATOR PADAVAN: But you do not 23 get licensed until you have completed Part III 8735 1 of the national boards and have completed at 2 least six months of work in a hospital as a 3 resident. 4 SENATOR HANNON: Well, we're not 5 deeming someone to be licensed by this. We're 6 just saying for the purposes of jurisdiction of 7 this committee the licensee shall include these 8 individuals. 9 SENATOR PADAVAN: What would be 10 the nature of the discipline? In most cases, 11 it's either suspension or revocation of a 12 license. In this case, there is none. 13 SENATOR HANNON: It may be 14 ineligibility to go further in the profession. 15 Sometimes it's not entirely the suspension of 16 the license, but limiting the license to certain 17 types of procedures. For instance, if somebody 18 were to be -- were to be a surgeon, it might - 19 and the rest of their practice had been fine, 20 they might limit and exclude from their 21 permitted practice, you can only do surgery. It 22 might be for people who are harassing 23 individuals that they cannot treat anybody 8736 1 alone, and they must always have somebody 2 practicing with them. 3 So there's a number of ways and 4 when you're dealing -- you're dealing here with 5 a balance of making sure you have quality care, 6 integrity in their quality of care, and you're 7 also dealing with the person's property rights 8 and that's what the courts have recognized and 9 we are going to make sure we get through those 10 balances. 11 SENATOR PADAVAN: Well, I'm going 12 to vote for the bill, Mr. President, because I 13 understand the basic motivations, but I think we 14 have to be very careful in this area. We have 15 these young doctors just out of medical school 16 put into environments and situations that are 17 somewhat familiar by virtue of their two years 18 of clinical training, but in many cases quite 19 new. Put them to work for 60, 70, 80 hours a 20 week sometimes, depending on the hospital, under 21 close supervision in some of the hospitals, 22 particularly in the city of New York with 23 limited supervision, and so mistakes can happen 8737 1 and how -- how disciplinary action is applied 2 under those circumstances, I think, has to be 3 considered very, very carefully, the motivation, 4 experience, and all the other things taken into 5 consideration. 6 ACTING PRESIDENT KUHL: Any other 7 Senator wishing to speak on the bill? Hearing 8 none, the Secretary will read the last section. 9 THE SECRETARY: Section 11. 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 57. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Marcellino. 18 SENATOR MARCELLINO: Yes, Mr. 19 President. I believe there is a privileged 20 resolution by Senator Kuhl at the desk. May we 21 have the title read and move its acceptance. 22 ACTING PRESIDENT KUHL: Return to 23 the order of motions and resolutions. The 8738 1 Secretary will read the title of the privileged 2 resolution. 3 THE SECRETARY: By Senator Kuhl, 4 Legislative Resolution commending Joseph F. 5 Mead, Jr. upon the occasion of his designation 6 as 1996 Rotary Citizen of the Year, 7 Hammondsport, New York. 8 ACTING PRESIDENT KUHL: Question 9 of is on the resolution. All those in favor 10 signify by saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response.) 14 The resolution is adopted. 15 Senator Marcellino. 16 SENATOR MARCELLINO: Mr. 17 President, may we return to the original 18 calendar and call up Calendar Number 1592, by 19 Senator Sears. 20 ACTING PRESIDENT KUHL: We'll 21 return to the original calendar, Calendar Number 22 63, return to page 41, ask the Secretary to read 23 the title to Calendar Number 1592, by Senator 8739 1 Sears. 2 THE SECRETARY: Calendar Number 3 1592, by Senator Sears, Senate Print 7771, an 4 act to legalize, validate, ratify and confirm. 5 ACTING PRESIDENT KUHL: Senator 6 Marcellino. 7 SENATOR MARCELLINO: Mr. 8 President, I believe there's a message of 9 necessity at the desk. 10 ACTING PRESIDENT KUHL: There 11 is. 12 SENATOR MARCELLINO: Move its 13 adoption. 14 ACTING PRESIDENT KUHL: Motion is 15 to accept the message of necessity on Calendar 16 Number 1592. All those in favor signify by 17 saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response.) 21 The message is accepted. 22 The Secretary will read the last 23 section. 8740 1 THE SECRETARY: Section 3. 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 57. 7 ACTING PRESIDENT KUHL: Senator 8 Marcellino. 9 SENATOR MARCELLINO: Mr. 10 President, may we return to calendar - 11 Supplemental Calendar Number 1, and call up 12 Calendar 1614, please. 13 ACTING PRESIDENT KUHL: Secretary 14 will return to Supplemental Calendar Number 1. 15 ACTING PRESIDENT KUHL: For the 16 record, Calendar Number 1592 was passed. Now, 17 moving to Supplemental Calendar Number 1, page 18 2, Calendar Number 1614, by Senator Johnson. 19 Ask the Secretary to read the title. 20 THE SECRETARY: Calendar Number 21 -- excuse me. Calendar Number 1614, by Senator 22 Johnson, Senate Print 7142-A, an act to amend 23 the Real Property Tax Law. 8741 1 ACTING PRESIDENT KUHL: Senator 2 Marcellino. 3 SENATOR MARCELLINO: Mr. 4 President, I believe there's a message of 5 necessity at the desk. 6 ACTING PRESIDENT KUHL: There 7 is. 8 SENATOR MARCELLINO: I move the 9 acceptance. 10 ACTING PRESIDENT KUHL: Motion is 11 to accept the message of necessity on Calendar 12 Number 1614. All those in favor signify by 13 saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 The the message is accepted. The 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 8742 1 THE SECRETARY: Ayes 57. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Mr. 6 President, may we return to the main calendar 7 and call up Calendar Number 173, by Senator 8 Johnson. 9 ACTING PRESIDENT KUHL: Return 10 to Calendar Number 63, the original calendar of 11 the day, page 5, ask the Secretary to read the 12 title of the Calendar Number 173, by Senator 13 Johnson. 14 THE SECRETARY: Calendar Number 15 173, by Senator Johnson, Senate Print Number 16 5344-B, an act to amend the Correction Law, the 17 Criminal Procedure Law, and the Social Services 18 Law. 19 ACTING PRESIDENT KUHL: Senator 20 Marcellino. 21 SENATOR MARCELLINO: Mr. 22 President. 23 ACTING PRESIDENT KUHL: Senator 8743 1 Marcellino. 2 SENATOR MARCELLINO: Is there a 3 message of necessity at the desk? 4 ACTING PRESIDENT KUHL: There 5 is. 6 SENATOR MARCELLINO: Move its 7 acceptance. 8 ACTING PRESIDENT KUHL: The 9 motion is to accept the message of necessity on 10 Calendar Number 173. All those in favor signify 11 by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response.) 15 The message is accepted. 16 Senator Montgomery, did you wish 17 to ask an explanation on Calendar Number 173? 18 Senator Johnson. 19 Excuse me. Senator Marcellino, 20 before the explanation, did you have an 21 announcement? 22 SENATOR MARCELLINO: Yes. Can we 23 call an immediate meeting of the Finance 8744 1 Committee in Room 332. 2 ACTING PRESIDENT KUHL: There 3 will be an immediate meeting of the Senate 4 Finance Committee in the Majority Conference 5 Room, Room 332. Immediate meeting of the 6 Finance Committee in the Majority Conference 7 Room, Room 332. 8 Senator Johnson. Senator 9 Montgomery? 10 SENATOR MONTGOMERY: Yes, Mr. 11 President. I wonder if it would be more 12 expedient if Senator Johnson would yield to a 13 question. I think - 14 ACTING PRESIDENT KUHL: Senator 15 Johnson, do you yield to a question from Senator 16 Montgomery? 17 SENATOR JOHNSON: Yes, Mr. 18 President. 19 ACTING PRESIDENT KUHL: Senator 20 yields. 21 SENATOR MONTGOMERY: Yes, Senator 22 Johnson. I seem to remember this legislation 23 coming before us and the question that I had 8745 1 then is the question that I have now. In the 2 event that there is a person who is receiving 3 AFDC, which essentially is maintenance for the 4 children in that particular situation, what is 5 the safeguard that the children are not 6 automatically cut off and left in some -- in a 7 state without having any support before there is 8 a resolution to the placement of those children? 9 SENATOR JOHNSON: Senator, 10 actually, this bill is probably a salutary bill 11 in that it would deal with your concern because 12 it doesn't say that, when you're sentenced to 13 jail your welfare stops. It says that the local 14 services -- social services commissioner shall 15 be notified of the sentence and reinvestigate 16 the case. So I say Senator, probably would be 17 beneficial in that someone would find out about 18 the situation and deal with it properly in 19 accordance with the law. 20 SENATOR MONTGOMERY: Thank you. 21 Thank you, Mr. President. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 8746 1 THE SECRETARY: Section 4. 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 THE SECRETARY: Ayes 57. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Ayes 56, nays 10 one, Senator Seabrook recorded in the negative. 11 ACTING PRESIDENT KUHL: Senator 12 Marcellino. 13 SENATOR MARCELLINO: Mr. 14 President, do we have any housekeeping at the 15 desk, my proverbial question? 16 ACTING PRESIDENT KUHL: No 17 housekeeping at the desk. 18 SENATOR MARCELLINO: Mr. 19 President, I suggest that the house stand at 20 ease awaiting the report of the Finance 21 Committee or further messages of necessity by 22 the Governor. 23 ACTING PRESIDENT KUHL: The 8747 1 Senate will stand at ease for a few moments. 2 Thank you, Mr. President. 3 ACTING PRESIDENT KUHL: For the 4 benefit of the members, there will be an 5 immediate meeting of the Rules Committee, an 6 immediate meeting of the Rules Committee in the 7 Majority Conference Room, Room 332. There will 8 be an immediate meeting of the Rules Committee 9 in the Majority Conference Room, Room 332, and 10 with that, Senate will stand at ease. 11 (The Senate stood at ease from 12 6:53 p.m. to 7:12 p.m.) 13 ACTING PRESIDENT MARCELLINO: 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could return to reports of standing 17 committees, I believe there's a report from the 18 Finance Committee at the desk. I'd ask that it 19 be read. 20 ACTING PRESIDENT MARCELLINO: The 21 Secretary will read the report of the Finance 22 Committee. 23 THE SECRETARY: Senator Stafford, 8748 1 from the Committee on Finance, offers up the 2 following nomination - 3 ACTING PRESIDENT MARCELLINO: Can 4 the house come to order, please. Can we take 5 our conversations out to the outer room so we 6 can do business. 7 Thank you. 8 THE SECRETARY: -- member of the 9 New York State Hospital Review and Planning 10 Council: Shirish J. Parikh, M.D. of Menands. 11 ACTING PRESIDENT MARCELLINO: 12 Senator Stafford. 13 SENATOR STAFFORD: Thank you, Mr. 14 President. 15 I yield to Senator Hannon. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Hannon. 18 SENATOR HANNON: Thank you very 19 much, Mr. President. 20 Dr. Parikh appeared before the 21 committee yesterday. He is a distinguished 22 physician, the radiologist in chief at Samaritan 23 Hospital in Troy as well as an attending 8749 1 radiologist at Child's Hospital in Saratoga, St. 2 Mary's in -- and Amsterdam Memorial and Leonard. 3 Can we get a little order just so 4 at least what I'm saying makes it into the 5 record. 6 SENATOR STAFFORD: Please, Mr. 7 President. 8 ACTING PRESIDENT MARCELLINO: If 9 we could have some order in the house so that 10 Senator Hannon can be heard. 11 Thank you, gentlemen and ladies. 12 SENATOR HANNON: He is also a 13 board member of the Northeast Health Systems and 14 a member of their Strategic Planning Committee, 15 as well as being a member of the Upstate 16 Physicians Network board of directors. 17 The nomination that's being 18 proposed for is the State Hospital Review and 19 Planning Council, and his nomination was 20 recommended unanimously by the members of the 21 committee. 22 I would move his nomination, Mr. 23 President. 8750 1 ACTING PRESIDENT MARCELLINO: Is 2 there anyone wishing to speak on the 3 nomination? 4 (There was no response.) 5 The motion is on the nomination 6 of Shirish J. Parikh of Menands for a term as a 7 member of the New York State Hospital Review and 8 Planning Council. All in favor signify by 9 saying aye. 10 (Response of "Aye".) 11 Opposed, nay. 12 (There was no response.) 13 Dr. Parikh is confirmed. 14 Congratulations. 15 The Secretary will read. 16 THE SECRETARY: Member of the New 17 York State Hospital Review and Planning 18 Council: Jane Rees of Rome. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Hannon. 21 SENATOR HANNON: Another 22 nomination that has been unanimously recommended 23 by the Health Committee. Ms. Rees appeared 8751 1 before the committee yesterday for the -- she is 2 being nominated for a position with the State 3 Hospital Planning and Review Council. 4 She is the president of the 5 Stonehenge Nursing Homes in Rome and in 6 Chenango, New York and has served at a facility 7 which has not received any bad terms for the 8 length of its existence for about 15 years. She 9 is active in the community. She is overseeing 10 the substantial application permit process and 11 has gone through New York's excruciating 12 certificate of need procedure for renovations 13 and upgrades. 14 We recommend her for confirmation 15 of this nomination, Mr. President. 16 ACTING PRESIDENT MARCELLINO: Is 17 there any other Senator wishing to speak on the 18 nomination? 19 (There was no response.) 20 The question is on the nomination 21 of Jane Rees of Rome for a term to expire 22 December 9, 1996 as a member of the New York 23 State Hospital Review and Planning Council. All 8752 1 in favor signify by saying aye. 2 (Response of "Aye".) 3 Opposed, nay. 4 (There was no response.) 5 Jane Rees is appointed as -- is 6 recommended as a member of the New York State 7 Hospital Review and Planning Council. 8 Congratulations, Jane Rees, wherever you are. 9 SENATOR SKELOS: Mr. President, 10 stand at ease for a moment. 11 ACTING PRESIDENT MARCELLINO: The 12 house will stand at ease. 13 (Whereupon, the Senate stood at 14 ease from 7:22 p.m. until 7:30 p.m.) 15 Senator Montgomery, why do you 16 rise? 17 SENATOR MONTGOMERY: Mr. 18 President, I would like unanimous consent to be 19 recorded in the negative on Calendars Number 20 1391, 1594, 1599 and 1645. 21 ACTING PRESIDENT MARCELLINO: The 22 record, without objection, will so reflect. 23 SENATOR MONTGOMERY: Thank you. 8753 1 ACTING PRESIDENT MARCELLINO: 2 Senator Hoblock, why do you rise? 3 SENATOR HOBLOCK: Mr. President, 4 I was out of the chamber when Calendar Number 5 271 was voted upon. That's Senate Bill 5960-A. 6 I would like to be recorded in the negative with 7 unanimous consent to do so. 8 ACTING PRESIDENT MARCELLINO: 9 Without objection, the record will so reflect. 10 Senator DiCarlo. 11 SENATOR DiCARLO: Mr. President, 12 I request unanimous consent to be recorded in 13 the negative on Calendar Number 721. 14 ACTING PRESIDENT MARCELLINO: 15 Without objection, the record will so reflect. 16 SENATOR DiCARLO: Mr. President. 17 ACTING PRESIDENT MARCELLINO: 18 Yes, Senator DiCarlo. 19 SENATOR DiCARLO: Just want to 20 check to be recorded in the negative on Calendar 21 271, not 721. 22 ACTING PRESIDENT MARCELLINO: We 23 will so revise the record to reflect you're in 8754 1 the negative on Calendar Number 271 and in the 2 affirmative on Calendar Number 721. 3 SENATOR SKELOS: Mr. President. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Skelos. 6 SENATOR SKELOS: On the regular 7 calendar, would you please call up Calendar 8 100... 9 ACTING PRESIDENT MARCELLINO: I'm 10 sorry, sir? 11 SENATOR SKELOS: On the regular 12 calendar, would you please call up Calendar 13 Number 1009 by Senator Maziarz. 14 ACTING PRESIDENT MARCELLINO: The 15 Secretary will read Calendar Number 1009 from 16 the main calendar. 17 THE SECRETARY: Calendar Number 18 1009, by Senator Maziarz, Senate Print 7312-A, 19 an act to amend the Public Health Law and the 20 Mental Hygiene Law. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section -- an explanation has been 23 requested from Senator Maziarz, if we could just 8755 1 wait a moment. 2 SENATOR MONTGOMERY: Explanation. 3 ACTING PRESIDENT MARCELLINO: 4 It's already been done, Senator. We're waiting 5 for him to come into the chambers. 6 Senator Maziarz, an explanation 7 of your bill, Calendar Number 1009, Print Number 8 732 -- 7312-A has been asked for by Senator 9 Montgomery and Senator Leichter. 10 SENATOR MAZIARZ: Thank you very 11 much, Mr. President. 12 Mr. President, the purpose of 13 this regulatory reform bill is to eliminate the 14 Health Systems Agency from the certificate of 15 need approval process. 16 Currently, there are three levels 17 of approval in New York State, Mr. President, 18 the Department of Health, the State Hospital 19 Review and Planning Council and the Health 20 Systems Agency. My bill will eliminate the 21 Health Systems Agency approval which will 22 shorten the certificate of need approval time 23 and provide for the type of regulatory relief 8756 1 health care providers have been requesting. 2 This bill, I might add, Mr. 3 President, is supported by the Hospital 4 Association -- Hospital Association of the state 5 of New York (HANYS) and the Western New York 6 Hospital Association. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Leichter. 9 SENATOR LEICHTER: Mr. President, 10 just briefly on the bill. I think it's 11 regrettable that we're eliminating the Health 12 Systems Agencies from the regulatory process. 13 Senator Maziarz, you point out, 14 Well, you still have the Health Department. You 15 have the state council -- whatever their name 16 is. The fact is that both of those are really 17 controlled by the executive. There's no 18 independence in either of those bodies. In 19 fact, the relationship between the hospital 20 health planning council, whatever its name is, 21 and the Health Department, of course, is so 22 close that they're really identical. 23 The importance of the Health 8757 1 System Agencies is that they represent an 2 independent assessment, very often reflected 3 community needs. I think one of the reasons 4 that they're being removed -- I know they have 5 been defunded -- is because they were an 6 independent voice and often disagreed with 7 official policies, whether it came from Governor 8 Mario Cuomo or Governor George Pataki. They did 9 exist and they function to protect the public, 10 and to remove them from our system of 11 determining what sort of health services that 12 are going to exist, what sort of health 13 facilities, I think is a mistake. 14 ACTING PRESIDENT KUHL: Senator 15 Montgomery. 16 SENATOR MONTGOMERY: Yes, Mr. 17 President. I too rise in objection to 18 eliminating the HSA as part of the planning 19 process for health services because the HSA is a 20 very local organization and their knowledge and 21 understanding of health services at the very, 22 very local level -- for instance, New York City 23 on a borough-by-borough basis, on a neighbor 8758 1 hood-by-neighborhood basis, it's -- it has been 2 the HSA that has been the primary agency to look 3 at health trends, health care needs, where the 4 greatest need for hospitals, where beds should 5 be -- should try and be part of the planning 6 process for hospitals doing regional services, 7 that -- all of that has been done by the local 8 HSA in New York City, and for us to lose that 9 agency means that we lose a hands-on agency as 10 part of the planning process for our very local 11 needs. 12 And so, Mr. President, I really 13 think that this is a big mistake that we're 14 making. I realize that the HSAs have not been 15 funded for the last two years. That also is 16 unfortunate. It's a small amount of money which 17 resulted for us in a great capacity to look at 18 the future and to try and determine what kinds 19 of decisions made sense for this body as well as 20 the Health Department, as well as local health 21 providers as it relates to health and mental 22 health services. 23 So I would really like to have 8759 1 that decision revisited, if you will, because I 2 think that it is a big mistake. It's a big loss 3 for both the state as well as the localities in 4 the state. 5 ACTING PRESIDENT KUHL: Is there 6 any other Senator wishing to speak on the bill? 7 (There was no response.) 8 Hearing none, the Secretary will 9 read the last section. 10 THE SECRETARY: Section 21. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1009: Senators 17 Abate, Dollinger, Leichter, Libous, Mendez, 18 Montgomery, Paterson, Seabrook, Smith and 19 Waldon. Ayes 47, nays 10. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 8760 1 if we could return to reports of standing 2 committees, I believe there's a report of the 3 Rules Committee at the desk. I'd ask that it be 4 read. 5 ACTING PRESIDENT KUHL: There is, 6 Senator Skelos. We'll return to the order of 7 standing committees. I'll ask the Secretary to 8 read the report of the Rules Committee. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, offers up the 11 following bills directly for third reading: 12 By Senator Present, Senate Print 13 430, an act to amend the Real Property Tax Law; 14 By Senator Gonzalez, Senate Print 15 1094, an act to amend the Election Law; 16 By Senator Spano, Senate Print 17 1118, an act to amend the Alcoholic Beverage 18 Control Law; 19 By Senator Trunzo, 1323, an act 20 to amend the Executive Law; 21 By Senator Stafford, 5410-B, an 22 act to amend the Alcoholic Beverage Control Law; 23 By Senator Wright, 6132-B, an act 8761 1 to authorize the village of Alexandria Bay; 2 By Senator Johnson, 6304, an act 3 to amend the Public Health Law; 4 By Senator Abate, Senate Print 5 6863, an act to amend the Alcoholic Beverage 6 Control Law; 7 By Senator Alesi, Senate Print 8 6911, an act to authorize the county of Monroe; 9 By the Committee on Rules, Senate 10 Print 6968, an act to amend the Highway Law; 11 By Senator Libous, Senate Print 12 7023-A, an act to authorize the village of 13 Waverly; 14 By Senator Farley, 7138, an act 15 to amend the Banking Law; 16 By Senator Hannon, 7212-A, an act 17 to amend the Public Health Law; 18 By Senator Maziarz, 7276, an act 19 to amend the State Administrative Procedure Act; 20 By Senator Kuhl, 7294, an act to 21 amend the Alcoholic Beverage Control Law; 22 By Senator Bruno, Senate 7607, an 23 act to amend the Election Law; 8762 1 By Senator Sears, 7747-A, an act 2 authorizing the city of Utica; 3 By the Committee on Rules, 7763, 4 an act to amend the Administrative Code of the 5 city of New York; 6 By the Committee on Rules, 7777, 7 an act to amend the Public Health Law; 8 By Senator Stafford, 7819, an act 9 to amend the Public Health Law; 10 By Senator Stafford, 7820, an act 11 to amend the Railroad Law; 12 By Senator Cook, 7825, an act to 13 amend the Executive Law; 14 By Senator Bruno, 7856-A, an act 15 to amend the Election Law; 16 By the Committee on Rules, 7865, 17 an act to amend the Racing, Pari-mutuel Wagering 18 Law; 19 By Senator Oppenheimer, 7467, an 20 act to authorize the payment of transportation; 21 By Senator Libous, 7699, an act 22 to enact the Cigarette Tax Enforcement Act; 23 By Senator Maltese, Senate Bill 8763 1 6475, an act to amend the Administrative Code of 2 the city of New York. 3 All bills directly for third 4 reading. 5 ACTING PRESIDENT KUHL: Senator 6 Skelos. 7 SENATOR SKELOS: Mr. President, I 8 move we accept the report of the Rules 9 Committee. 10 ACTING PRESIDENT KUHL: The 11 motion is to accept the report of the Rules 12 Committee. All those in favor signify by saying 13 aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The resolution -- or, excuse me. 18 The Rules report is accepted. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 if we could take up the Supplemental Rules 22 Report Number 4, non-controversial. 23 ACTING PRESIDENT KUHL: All of 8764 1 the members should have all of the bills on 2 Supplemental Calendar Number 4 on their desk. 3 You also should have Supplemental Calendar 4 on 4 your desk. 5 I'll ask the Secretary to read 6 Supplemental Calendar Number 4, the non 7 controversial reading. 8 THE SECRETARY: Calendar Number 9 1648, by Senator Present, Senate Print 430, an 10 act to amend the Real Property Tax Law. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 57. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1649, by Senator Gonzalez, Senate Print 1094, an 23 act to amend the Election Law. 8765 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first day of 5 November. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 57. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1650, by Senator Spano, Senate Print 1118 - 14 SENATOR PATERSON: Lay it aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 1651, by Senator Trunzo, Senate Print 1323, an 19 act to amend the Executive Law. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8766 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 57. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1652, by Senator Stafford, Senate Print 5410-B, 9 an act to amend the Alcoholic Beverage Control 10 Law. 11 SENATOR PATERSON: Lay it aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 1653, by Senator Wright, Senate Print 6132-B, an 16 act to authorize the village of Alexandria Bay. 17 ACTING PRESIDENT KUHL: The bill 18 is high. Lay the bill aside. 19 THE SECRETARY: Calendar Number 20 1654, by Senator Johnson, Senate Print 6304, an 21 act to amend the Public Health Law. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 8767 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 57. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1655, by Senator Abate, Senate Print 6863, an 11 act to amend the Alcoholic Beverage Control Law. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last 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 57. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1656, by Senator Alesi, Senate Print 6911, an 8768 1 act to authorize the county of Monroe. 2 ACTING PRESIDENT KUHL: There is 3 a home rule message at the desk. The Secretary 4 will read the last section. 5 THE SECRETARY: Section 3. 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 57. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1657, by the Committee on Rules, Senate Print 15 6968, an act to amend the Highway Law. 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 57. 8769 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1658, by Senator Libous, Senate Print 7023-A, an 5 act to authorize the village of Waverly. 6 ACTING PRESIDENT KUHL: There is 7 a home rule message at the desk. The Secretary 8 will read the last section. 9 THE SECRETARY: Section 5. 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 57. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1659, by Senator Farley, Senate Print 7138, an 19 act to amend the Banking Law. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8770 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 57. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1660, by Senator Hannon, Senate Print 7212-A, an 9 act to amend the Public Health Law. 10 ACTING PRESIDENT KUHL: Senator 11 Skelos. 12 SENATOR SKELOS: Mr. President, 13 is there a message of necessity at the desk? 14 ACTING PRESIDENT KUHL: There is. 15 SENATOR SKELOS: I move we 16 accept. 17 ACTING PRESIDENT KUHL: The 18 motion is to accept the message of necessity on 19 Calendar Number 1660. All those in favor 20 signify by saying aye. 21 (Response of "Aye".) 22 Opposed, nay. 23 (There was no response.) 8771 1 The message is accepted. 2 The Secretary will read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 57. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1661, Senator Maziarz moves to discharge from 14 the Committee on Commerce, Economic Development 15 and Small Business Assembly Bill Number 7756-A 16 and substitute it for the identical Senate Bill 17 7276. 18 ACTING PRESIDENT KUHL: The 19 substitution is ordered. 20 The Secretary will read the 21 title. 22 THE SECRETARY: Calendar Number 23 1661, by the Assembly Committee on Rules, 8772 1 Assembly Print 7756-A, an act to amend the State 2 Administrative Procedure Act. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on January 1st. 7 SENATOR LEICHTER: Lay it aside. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 1662, by Senator Kuhl, Senate Print 7294, an act 12 to amend the Alcoholic Beverage Control Law. 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 57. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 8773 1 1663, by Senator Bruno, Senate Print 7607, an 2 act to amend the Election Law. 3 SENATOR PATERSON: Lay it aside. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 1664, by Senator Sears, Senate Print 7747-A, an 8 act authorizing the city of Utica. 9 ACTING PRESIDENT KUHL: Senator 10 Bruno. 11 SENATOR BRUNO: Is there a 12 message at the desk, Mr. President? 13 ACTING PRESIDENT KUHL: Yes, 14 there is. The motion is to accept the message 15 of necessity at the desk on Calendar Number 16 1664. All those in favor signify by saying 17 aye. 18 (Response of "Aye".) 19 Opposed, nay. 20 (There was no response.) 21 The message is accepted. 22 There's a home rule message at 23 the desk. 8774 1 The Secretary will read the last 2 section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 57. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1665, by the Committee on Rules, Senate Print 13 7763, an act to amend the Administrative Code of 14 the city of New York. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: This act shall 18 take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 57. 23 ACTING PRESIDENT KUHL: The bill 8775 1 is passed. 2 THE SECRETARY: Calendar Number 3 1666, by the Committee on Rules, Senate Print 4 7777, an act to amend the Public Health Law. 5 ACTING PRESIDENT KUHL: Senator 6 Bruno. 7 SENATOR BRUNO: Is there a 8 message of necessity, Mr. President? 9 ACTING PRESIDENT KUHL: There is 10 a message at the desk. 11 SENATOR BRUNO: I move to accept 12 the message. 13 ACTING PRESIDENT KUHL: The 14 motion is to accept the message on Calendar 15 Number 1666. All those in favor signify by 16 saying aye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 The message is accepted. 21 The Secretary will read the last 22 section. 23 THE SECRETARY: Section 11. This 8776 1 act shall take effect on the 180th day. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 57. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1667, by Senator Stafford, Senate Print 7819, an 10 act to amend the Public Health Law. 11 ACTING PRESIDENT KUHL: Senator 12 Bruno. 13 SENATOR BRUNO: Is there a 14 message at the desk, Mr. President? 15 ACTING PRESIDENT KUHL: There is. 16 SENATOR BRUNO: Move to accept 17 the message. 18 ACTING PRESIDENT KUHL: The 19 motion is to accept the message of necessity on 20 Calendar Number 1667. All those in favor 21 signify by saying aye. 22 (Response of "Aye".) 23 Opposed, nay. 8777 1 (There was no response.) 2 The message is accepted. 3 The Secretary will read the last 4 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 57. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1668, by Senator Stafford, Senate Print 7820, an 15 act to amend the Railroad Law. 16 ACTING PRESIDENT KUHL: Senator 17 Bruno. 18 SENATOR BRUNO: Is there a 19 message at the desk? 20 ACTING PRESIDENT KUHL: There is. 21 SENATOR BRUNO: I move we accept 22 the message. 23 ACTING PRESIDENT KUHL: The 8778 1 motion is to accept the message of necessity on 2 Calendar Number 1668. All those in favor 3 signify by saying aye. 4 (Response of "Aye".) 5 Opposed, nay. 6 (There was no response.) 7 The message is accepted. 8 The Secretary will read the last 9 section. 10 THE SECRETARY: Section 3. 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 57. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1669, by Senator Cook, Senate Print 7825, an act 20 to amend the Executive Law. 21 ACTING PRESIDENT KUHL: Senator 22 Bruno. 23 SENATOR BRUNO: Is there a 8779 1 message at the desk? 2 ACTING PRESIDENT KUHL: There is. 3 SENATOR BRUNO: Move to accept 4 the message. 5 ACTING PRESIDENT KUHL: The 6 motion is to accept the message on Calendar 7 Number 1669. All those in favor signify by 8 saying aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The message is accepted. 13 The Secretary will read the last 14 section. 15 THE SECRETARY: Section 47. 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 57. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 8780 1 1670, by Senator Bruno, 7856-A, an act to amend 2 the Election Law. 3 ACTING PRESIDENT KUHL: Senator 4 Bruno. 5 SENATOR BRUNO: Is there a 6 message at the desk? 7 ACTING PRESIDENT KUHL: There is. 8 SENATOR BRUNO: I would move we 9 accept the message. 10 ACTING PRESIDENT KUHL: The 11 motion is to accept the message of necessity on 12 Calendar Number 1670. All those in favor 13 signify by saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The message is accepted. 18 The Secretary will read the 19 last - 20 SENATOR PATERSON: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 8781 1 1671, by the Committee on Rules, Senate Print 2 7865, an act to amend the Racing, Pari-mutuel 3 Wagering and Breeding Law. 4 ACTING PRESIDENT KUHL: Senator 5 Bruno. 6 SENATOR BRUNO: Is there a 7 message at the desk? 8 ACTING PRESIDENT KUHL: There is. 9 SENATOR BRUNO: I move we accept 10 the message. 11 ACTING PRESIDENT KUHL: The 12 motion is to accept the message. All those in 13 favor signify by saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The message is accepted. 18 The Secretary will read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 8782 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 57. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1672, by Senator Oppenheimer, Senate Print 7467, 7 an act to authorize the payment of 8 transportation aid. 9 ACTING PRESIDENT KUHL: There is 10 a local fiscal note at the desk. The Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 57. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1673, by Senator Libous, Senate Print 7699, an 22 act to enact the Cigarette Tax Enforcement Act 23 of 1996. 8783 1 SENATOR LEICHTER: Lay it aside. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 1674, by Senator Maltese, Senate Print 6475, an 6 act to amend the Administrative Code of the city 7 of New York. 8 SENATOR PATERSON: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 SENATOR PADAVAN: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Padavan. 14 SENATOR PADAVAN: May I be 15 recorded in the negative on Calendar 1671. 16 ACTING PRESIDENT KUHL: What was 17 that number again, Senator Padavan? 18 SENATOR PADAVAN: 1671, 19 Calendar 1671. 20 ACTING PRESIDENT KUHL: Without 21 objection, hearing no objection, Senator Padavan 22 will be recorded in the negative on Calendar 23 Number 1671. 8784 1 Any other Senator wishing to 2 record a vote? 3 (There was no response.) 4 Hearing none, Senator Bruno. 5 SENATOR BRUNO: Mr. President, 6 can we move to the controversial calendar with 7 Supplemental Calendar Number 4. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the controversial reading of 10 Supplemental Calendar Number 4. 11 THE SECRETARY: Calendar Number 12 1650, by Senator Spano, Senate Print 1118, an 13 act to amend the Alcoholic Beverage Control Law, 14 in relation to permitting licenses authorized to 15 sell liquor. 16 SENATOR PATERSON: Explanation. 17 ACTING PRESIDENT KUHL: Senator 18 Spano for an explanation. 19 SENATOR SPANO: Mr. President, 20 this bill would allow liquor stores across the 21 state to sell cigars by the box and publications 22 on cigar products. 23 ACTING PRESIDENT KUHL: Senator 8785 1 Paterson. 2 SENATOR NANULA: Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Nanula. 5 SENATOR NANULA: Senator Spano, 6 would you yield for a couple of questions, 7 please? 8 ACTING PRESIDENT KUHL: Senator 9 Spano, do you yield to Senator Nanula? 10 SENATOR SPANO: Yes. 11 ACTING PRESIDENT KUHL: The 12 Senator yields. 13 SENATOR NANULA: That was a very 14 brief explanation. I've got a couple of 15 questions relative to really the necessity of 16 expanding what is already a product available in 17 food stores, convenient stores and smoke shops 18 now to be available in liquor stores. 19 SENATOR SPANO: The thought, 20 Senator, was to allow for the small "mom and 21 pop" liquor stores -- who, frankly have been 22 struggling for a long, long time across the 23 state, to -- particularly those stores that 8786 1 cater to people who might come in to buy some 2 better wines or fine wines, to have people also 3 have an opportunity to purchase cigars by the 4 box at that store. 5 I don't think that this will 6 create any hardship on, say supermarkets or 7 convenient stores or those stores that currently 8 can sell those same type of products. All this 9 does is allow them to be involved in a pretty 10 specialized area. You know, there are -- you're 11 seeing cigar smoking today where -- which is on 12 the rise in some areas and people that might 13 want to go in and purchase a bottle of wine 14 would also have that extra opportunity to 15 purchase a box of cigars. 16 SENATOR NANULA: One other quick 17 question. This is really a -- in relation to 18 the fact -- and this issue has been debated in 19 the past in this chamber, in the Assembly. 20 Right now supermarkets and more specifically 21 small convenient stores and small food stores 22 are not able to sell liquor products. They're 23 not able -- other than, beer, of course. 8787 1 They're not able to sell wine. They're not able 2 to sell hard liquor. This issue now being able 3 to, in this case, if this bill were to become 4 law, have cigar sales in liquor stores. In your 5 opinion, do you believe that crates an unfair 6 advantage to liquor stores over small convenient 7 stores and food stores that are not able to sell 8 products that liquor stores sell? 9 SENATOR SPANO: I don't think it 10 does at all. People that -- people who will 11 stop at the convenient store to buy a newspaper 12 or to buy milk or bread or to -- whatever else 13 they might pick up at a convenient store or -- I 14 think it would be a different type of clientele, 15 a different -- that will also go in and try to 16 purchase a box of cigars. 17 It's -- I don't think that we're 18 talking about someone going in and buying, you 19 know, a White Owl cigar that might be sold in a 20 lot of the convenient stores. I don't think 21 you're seeing many of the convenient stores who 22 really cater to the -- to the real cheapo cigar 23 smokers, excuse the - 8788 1 SENATOR NANULA: On the bill. 2 Thank you, Senator Spano. 3 ACTING PRESIDENT KUHL: Senator 4 Nanula. 5 SENATOR NANULA: A couple of 6 points I would like to make regarding this 7 bill. In all due respect, Senator Spano, I 8 don't necessarily agree with you. This has been 9 an issue, liquor sales, wine sales and food 10 retail outlets versus liquor stores. It's been 11 debated intensely in this chamber in the past. 12 I think this certainly would create a clear 13 competitive advantage, possibly open the door 14 for additional tobacco-type sales, cigarettes, 15 chewing tobacco, et cetera, to be sold in liquor 16 stores right now. More so smaller convenient 17 stores are struggling. 18 to 25 percent of some 18 of these store sales come from tobacco 19 products. They're a drive into these smaller 20 stores to create other purchases and stimulate 21 other purchases. That certainly is a concern to 22 me. 23 In addition to that, we have - 8789 1 and, in fact, we have another bill today 2 relative to cigarette smoking and this issue in 3 the broader sense and, personally, I feel that 4 if we're going to be increasing the venues and 5 opportunities for people to buy tobacco 6 products, we need to be looking at that with 7 great scrutiny. 8 Right now, convenient stores are 9 a venue that sell tobacco products. There's 10 regulation -- there's not only regulation, but 11 there's enforcement of regulation at those 12 stores. There's a regulatory structure. 13 There's a bureaucratic structure put in place to 14 ensure that those regulations, whether it be 15 sales to minors, et cetera, are being followed. 16 This would be yet another venue that we, and 17 those of us who are concerned about the sale of 18 tobacco products are going to have to now look 19 at in terms of minors being -- having the 20 availability of tobacco products. I think it's 21 a move in the wrong direction. For these 22 reasons, and for these reasons, I'm going to 23 vote no on this bill. 8790 1 Thank you. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 60th day. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 Record the negatives and announce 10 the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1650: Senator 13 DeFrancisco, Senator Dollinger, Hoffmann, Levy, 14 Marcellino, Montgomery, Nanula, Seabrook and 15 Tully. Ayes 48 -- also Senator Skelos; also 16 Senator Trunzo. Ayes 46, nays 11. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1652, by Senator Stafford, Senate Print 5410-B, 21 an act to amend the Alcoholic Beverage Control 22 Law, in relation to agreements between brewers 23 and beer wholesalers. 8791 1 SENATOR PATERSON: Explanation. 2 ACTING PRESIDENT KUHL: Senator 3 Stafford for an explanation. Senator Paterson 4 asked for the explanation, Senator Stafford. 5 SENATOR STAFFORD: Mr. 6 President - 7 SENATOR CONNOR: The explanation 8 is satisfactory. 9 SENATOR STAFFORD: Last section, 10 please. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 SENATOR DOLLINGER: Explain my 19 vote, Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Dollinger, to explain his vote. 22 SENATOR DOLLINGER: Mr. 23 President, this bill has a particularly adverse 8792 1 impact on one of the largest employers in my 2 district. Probably everybody in this room knows 3 the familiar brand of Genesee beer. Genesee 4 beer and the brewery is against this bill 5 because it will restrict rather than increase 6 competition among brewers in this state, and it 7 seems to me when there are 300 jobs in New York, 8 300 jobs directly at the brewery, there are 9 other people who depend on Genesee brewery in my 10 district. 11 It seems at a time when we both 12 want to increase competition, as I believe this 13 will not do, and at a time that we want to 14 preserve jobs right here in New York State, it 15 seems to me it makes good sense to look at the 16 impact of this on regional breweries. Genesee/ 17 F.X. Matt's are against this bill because it 18 will adversely affect their ability to get on 19 the shelf and their ability to deal with the 20 wholesalers. 21 Although all politics is local, 22 Mr. President, in this instance, although there 23 may be some good aspects in this bill, I think 8793 1 the fact that the brewery in my district says 2 that this will adversely impact their ability to 3 compete and that it's anti-competitive in that 4 nature, it should be defeated, and I urge 5 everyone if you support jobs in this state and 6 support the need to keep those jobs in this 7 state, look at this bill and its impact on local 8 brewers and you'll find if you support those 9 jobs and want to keep them here, you'll have to 10 vote no. 11 Record me in the negative, Mr. 12 President. 13 ACTING PRESIDENT KUHL: Senator 14 Dollinger will be recorded in the negative. 15 Senator Stafford to explain his 16 vote. 17 SENATOR STAFFORD: Mr. President, 18 this is the second time I have explained my 19 vote. I would just like to clear the air and 20 correct what I would submit are statements in 21 error and are not in conformity with the facts. 22 All we wish to do is to have a 23 level playing field and have everybody be 8794 1 treated equally and fairly. There are thousands 2 and thousands of jobs involved here throughout 3 the state. 4 I have seen from my experience 5 someone who sells a product from a major 6 distributor -- from a distributor -- excuse me 7 -- from a manufacturer. I have seen them work 8 their hearts out. Their family worked their 9 hearts out for 44 years. Then I have seen them 10 told that you are no longer selling the product 11 and you will not be able to sell your point. 12 It is inequitable, unfair. There 13 are built-in provisions for everybody here must 14 be above board, straight, open and candid. We 15 just want everyone treated fairly and no one 16 treated unfairly. 17 Thank you. 18 ACTING PRESIDENT KUHL: Senator 19 Stafford will be recorded in the affirmative. 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1652: Senator 23 DeFrancisco, Senator Dollinger, Senator Nanula, 8795 1 Senator Onorato. Ayes 53 and nays 4. Also 2 Senator Waldon. Ayes 52 and nays 5. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1661, by the Assembly Committee on Rules, 7 Assembly Print 7756-A, an act to amend the State 8 Administrative Procedure Act, in relation to the 9 review of existing rules. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect January 1st, 1997. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 57. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1663, by Senator Bruno, Senate Print 7607, an 22 act to amend the Election Law, in relation to 23 requiring campaign finance information. 8796 1 SENATOR CONNOR: Explanation. 2 ACTING PRESIDENT KUHL: Senator 3 Bruno, an explanation of Calendar Number 1663 4 has been requested by the Minority Leader, 5 Senator Connor. 6 SENATOR BRUNO: Thank you, Mr. 7 President. 8 We've talked for a lot of years 9 about getting information to the Board of 10 Elections on who affects elections financially 11 here in this state. 12 So this bill requires that all of 13 those people that make contributions, whether 14 they're in checks or in services that they 15 deliver, that they be equated to a value and 16 that they get recorded with the state Board of 17 Elections, and the bill purposely encompasses a 18 lot of groups out there that are not considered 19 necessarily politically active entities in this 20 state, but they are out affecting elections with 21 phone banks and in many other ways. 22 So the intent of this is if we 23 want to do a computerization program, we want to 8797 1 reform campaign finance reporting, this is the 2 way to do it, not in a limited way, not in a 3 small way but do it right. 4 And, Mr. President, that is the 5 purpose of this legislation. 6 SENATOR OPPENHEIMER: Mr. 7 President -- Mr. President. 8 ACTING PRESIDENT KUHL: Senator 9 Oppenheimer. 10 SENATOR OPPENHEIMER: I believe I 11 have an amendment at the desk. 12 ACTING PRESIDENT KUHL: There is 13 an amendment at the desk, Senator Oppenheimer. 14 Are you asking for that to be -- the reading of 15 that to be waived? 16 SENATOR OPPENHEIMER: No. I'll 17 waive the reading, please, and I'll explain it 18 very briefly. 19 ACTING PRESIDENT KUHL: The 20 reading of the amendment is waived, and you are 21 now afforded the opportunity to explain it. 22 SENATOR OPPENHEIMER: Thank you, 23 Mr. President. 8798 1 Well, this amendment that I am 2 going to be offering is the bill that passed in 3 the Assembly. It's Assemblyman -- Assembly 4 member Galef's bill, and I'm carrying it here in 5 the Senate and, as you all know, it passed the 6 Assembly about three months ago, I believe. 7 Briefly what it would do is it 8 would require the state Board of Elections to 9 create an electronic reporting and data 10 retrieval system for campaign finance 11 information. It would require candidates and 12 campaign committees who raise or spend more than 13 $50,000 in a year to file their reports on a 14 computer disk, and it would make this 15 information available through the Internet. 16 We're now living in a world where we have the 17 Internet and that can provide us with the kind 18 of comprehensive and very timely, very immediate 19 disclosure, and I think it's time that the 20 Senate also delivered on this promise of 21 campaign finance reform. 22 Some of our reports, I know, are 23 absolutely indecipherable. I know the 8799 1 handwriting of my treasurer is not good, and 2 some of our reports can't even be accessed 'til 3 after the campaigns are finished because of the 4 rush of material that comes in as we draw closer 5 to Election Day. 6 My amendment would make this 7 information accessible to people who want to 8 know where the candidate's money is coming from, 9 and I think it's an important step to restore 10 confidence in the public. The public seems to 11 be pulling away from we political elected 12 officials, and I think this is the most obvious 13 way to try to restore that trust. 14 They believe out there that - 15 that money buys every decision we make, and we 16 have to change that because we are seeing 17 smaller and smaller numbers vote in this nation, 18 and you think of people who are coming here from 19 other countries, they cannot believe that people 20 are not voting, and one of the main reasons 21 they're not voting is because they think 22 government is for sale. 23 The bill then that is before us 8800 1 presents a couple of problems -- well, perhaps 2 we should discuss the amendment first. 3 ACTING PRESIDENT KUHL: Is there 4 any other Senator wishing to speak on the 5 amendment? 6 Hearing none, the -- Senator 7 Connor on the amendment. 8 SENATOR CONNOR: Yes, Mr. 9 President. I think this is an issue of keeping 10 faith, I think, keeping faith with the voters 11 and making some incremental changes that are 12 very, very important to lead to more openness in 13 the system and as one famous justice of the 14 Supreme Court said, Sunlight is the best 15 disinfectant, and what we have found is we 16 developed a system in New York State where many 17 local candidates, local party organizations in 18 various counties are exempt from filing at the 19 state Board of Elections, and they file these 20 reports ordinarily with the local board on 21 paper. The way they're filed and organized by 22 the local boards, leaving aside for now the 23 state Board of Elections which, believe me, is 8801 1 no prize, they're filed at local Boards of 2 Elections where I know for a fact until recent 3 years the New York City Board of Elections did 4 nothing more than throw them in file drawers. 5 They couldn't tell you who gave to Carl Lake 6 contributions between different candidates. In 7 fact, I know -- I believe Senator Hoffmann has 8 had a provision requiring that these local 9 filings be coordinated with the state board as 10 well, so you could look in one glimpse and see 11 what the real activity is as opposed to the 12 massed activity. 13 I've had bills over the years 14 supporting computerization. The Board of 15 Elections -- the state Board of Elections, in 16 fact, has put in each year for the budget 17 process for money so they on their own could go 18 and computerize. It was a measure that's been 19 called for repeatedly. It was called for, I 20 believe it was 1987 or '88 in the Feerick 21 Commission report, and anyone who's ever done 22 the kind of research -- and I assume that 23 includes some of our friends in the -- from the 8802 1 fourth estate know that it's very, very 2 difficult without computers to tell whether or 3 not certain features of New York's Election Law 4 have been complied with. 5 For example, we have overall 6 aggregate limits on individuals and what they 7 can contribute to all campaigns in New York 8 State. No one has ever fathomed the way to see 9 if that's being complied with. No Board of 10 Elections in this state could assure whether 11 that's being complied with by a given 12 individual. You would have to literally look, 13 search the records of many, many filings of all 14 -- all the county Boards of Elections and also 15 the state Board of Elections to get a true 16 aggregate total, whether it be for an individual 17 or a corporation which is subject to an 18 aggregate limit. 19 Earlier this session 20 Assemblywoman Galef and Senator Hoblock 21 introduced a bill. I read the news clippings. 22 Senator Hoblock said it'll pass. Senator Bruno 23 said we're going to do this, but that's not the 8803 1 bill -- that's not the bill that's brought 2 before us today. It's the amendment. The 3 amendment is that bill. 4 What's the difference between 5 this bill? Well, you know, we require, for 6 example, a filing by any candidate that raises 7 and spends more than $1,000. That's not a lot 8 of money today in a campaign. That law applies 9 to the school board candidates. Indeed, it 10 applies to community board candidates in New 11 York City. I know because I passed -- I passed 12 that chapter some years ago, a good ten years 13 ago. People raised 11- or $1200 in bake sales 14 and whatever. Now, of course, they should 15 disclose, but I think to say that they have to 16 disclose on a computer disk is taking it a 17 little far. 18 The original bill sponsored by 19 Senator Hoblock, which is this amendment, would 20 provide that only committees that deal with 21 larger amounts of money have to actually file 22 their filings on computer disks. Doesn't that 23 make sense? Isn't it ridiculous to tell - 8804 1 isn't it designed for failure? Isn't it a 2 scheme designed for failure to say to candidates 3 that raise $1100 for the school board that you 4 have to get a computer and prepare your filing 5 on a computer disk or pay someone else to do it, 6 a couple hundred dollars when you only have 7 $1100 to spend in your own campaign, spend 4-, 8 5-, $600 to file a disk, spend more than half 9 the money you've raised just on complying with 10 the disclosure? That's absurd and it's designed 11 to fail, but there are more important poison 12 pills in the main bill that the amendment - 13 from which the amendment does not suffer. 14 Now, the main bill takes a 15 piecemeal approach to imposing new limits and 16 aggregate limits on certain organizations that 17 were never part of the original law for good and 18 valid public policy reasons but, for example - 19 and I'll say it right out -- the main bill would 20 say a labor organization can only make 21 contributions of $5,000 in the aggregate to all 22 candidates in New York State in a given year, 23 and this is said how that is somehow or other 8805 1 fair. Oh, this is fair because corporations - 2 corporations are subject to a similar limit, but 3 I ask the sponsor, what about that giant loop 4 hole which only a few of us election lawyers 5 knew about these past years but which, lo and 6 behold, the Republican State Committee 7 discovered and publicized to the whole state not 8 five or six weeks ago with that little 9 announcement that corporations can give $100,000 10 to the housekeeping account. 11 Why aren't we closing the Bill 12 Powers loophole, the $100,000 aggregate limit or 13 the $200,000 or $100,000 housekeeping? You 14 remember that event. Pay $100,000 to a 15 corporation, you get to sit with the Governor, 16 drink champagne with Bill Powers. Why aren't we 17 closing that loophole in the main bill? 18 Indeed, the main bill is 19 partisan. It's not agreed upon with the 20 Assembly. It's not the original bipartisan 21 Hoblock-Galef bill. It's not a bill that'll 22 work. 23 We support a bill that'll work 8806 1 that'll get all of those filings onto computers 2 -- and the main bill, by the way, for that 3 little filing; come on, is it too much to ask 4 the Board of Elections to put this on computer? 5 That's what the amendment would do. 6 You know, the $1100 candidate for 7 school board files the little one-page report 8 that showed how much they got at the bake sale, 9 let the Board of Elections put that on 10 computer. Don't tell that candidate they have 11 to go get a computer disk, spend 6- or $700 of 12 their 1100 on it. 13 Let's have a bill that'll work, 14 not a charade. Let's support the amendment, the 15 one that was originally committed by the 16 leadership of the Republican Party in the press 17 to pass, and if we want to have another bill 18 plugging up all the loopholes, whether by 19 unions, corporations or whatever, I'd support 20 that, but let's start with the Bill Powers 21 $100,000 housekeeping loophole. 22 I support the amendment. 23 ACTING PRESIDENT KUHL: Is there 8807 1 any other Senator wishing to speak on the 2 amendment? 3 (There was no response.) 4 Hearing none, the question is on 5 the amendment. All those in favor of the 6 amendment signify - 7 SENATOR CONNOR: Party vote in 8 the affirmative. 9 ACTING PRESIDENT KUHL: The 10 Secretary will call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT KUHL: Record 13 the party line votes. 14 THE SECRETARY: Ayes 20, nays 37, 15 party vote. 16 ACTING PRESIDENT KUHL: The 17 amendment fails. 18 On the bill, the Secretary will 19 read -- Senator Hoffmann. 20 SENATOR HOFFMANN: I have found 21 myself in the unusual position several times of 22 being so impressed by Majority Leader Bruno's 23 efforts to improve the way we conduct our 8808 1 business here at the state level that I have 2 actually put out press releases praising him, 3 and I would like to be able to do that after the 4 passage of this bill. 5 Not having seen the bill before, 6 not having had an opportunity to review it 7 carefully, there are a few areas where I'm still 8 somewhat confused, and I wonder if Senator Bruno 9 would be so kind as to yield for a question, Mr. 10 President. 11 ACTING PRESIDENT KUHL: Senator 12 Bruno, do you yield? 13 SENATOR HOFFMANN: An easy 14 question. 15 SENATOR MALTESE: Mr. President, 16 I would be pleased to yield for a question. 17 SENATOR BRUNO: Mr. President, 18 yes. 19 ACTING PRESIDENT KUHL: Senator 20 Bruno yields. 21 SENATOR BRUNO: I thought we had 22 moved on to the next bill, and I was just trying 23 to collect myself. I am now collected. 8809 1 SENATOR HOFFMANN: I can see 2 that, Senator Bruno. Thank you very much for 3 yielding and for being collected. 4 SENATOR BRUNO: Yes. 5 SENATOR HOFFMANN: Senator, my 6 question to you, as you know, over many years I 7 have carried a bill which has not yet made it to 8 the floor of this chamber for a vote. The bill 9 that I have attempted to introduce in the past 10 would try to correct a terrible irregularity 11 within our election record keeping system by 12 insisting that all of the expenditures in a 13 campaign be filed next to the candidate in that 14 campaign. One -- one source -- single source 15 filing, I think is the way it's been referred to 16 by some people. 17 Right now, as you know, it's very 18 possible for some political action committees to 19 spend vast amounts of money on a whole range of 20 campaigns. This is sometimes called bundling. 21 They could, for instance, retain a media 22 consultant and pay one bill to one media 23 consultant for hundreds of thousands of dollars 8810 1 and it's virtually impossible for an average 2 citizen pouring through the records of the Board 3 of Elections to determine how much was spent on 4 individual campaigns. 5 My question to you, Senator 6 Bruno, is does this bill that is before us now 7 incorporate that change that I have attempted to 8 enact over a number of years? 9 SENATOR BRUNO: It does not. 10 SENATOR HOFFMANN: Thank you, 11 Senator Bruno. 12 On the bill, Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Hoffmann, on the bill. 15 SENATOR HOFFMANN: I -- I very 16 much appreciate Senator Bruno's gracious 17 response, albeit briefer than I might have 18 expected to my question, and I must say that it 19 is apparent to me that if this measure does not 20 provide the very clear direction from this 21 chamber that we want to see single source 22 filing, that we believe the voters of this state 23 have a right to know who is paying for the 8811 1 campaigns of the candidates in this state 2 without having you go through enormous freedom 3 of information requests, without hiring private 4 detectives, without putting reporters or public 5 interest researchers to work for days and weeks 6 on end; if we can't send that kind of message, I 7 don't believe that we should be passing this 8 bill tonight. 9 Therefore, I would urge all of my 10 colleagues to consider seriously our 11 responsibility to come up with a better bill, 12 one that would incorporate some of the 13 electronic data record keeping that Senator 14 Bruno has so wisely introduced here along with a 15 sound information assessment that will make it 16 readily possible for anyone to see who is paying 17 for what in the elections in New York State. 18 ACTING PRESIDENT KUHL: The Chair 19 recognizes Senator Oppenheimer. 20 SENATOR OPPENHEIMER: Would the 21 good collected Senator yield for a question, 22 Senator Bruno. 23 ACTING PRESIDENT KUHL: Senator 8812 1 Bruno, do you yield to a question from Senator 2 Oppenheimer? 3 SENATOR BRUNO: Yes, Mr. 4 President. 5 ACTING PRESIDENT KUHL: The 6 Senator yields. 7 SENATOR OPPENHEIMER: Collected 8 and composed. I find the language unclear on - 9 well, I'll describe it -- on the second page. 10 I'm trying to figure out exactly who this 11 language applies to. You talk about -- on the 12 bill -- in-kind contributions, phone banks, 13 campaign, literature produced and distributed, 14 where the activity occurs at the phone bank and 15 it's unclear to me. Would this cover community 16 groups, you know, 20 neighbors in an area 17 association? It's not clear. There's nothing 18 spelled out. 19 SENATOR BRUNO: I am, Mr. 20 President, conferring with counsel because this 21 is a very technical, comprehensive and important 22 piece of legislation and I don't want to say 23 anything inadvertently, and my counsel advises 8813 1 me that -- my learned counsel, Mr. President - 2 that if a group of volunteers just got together 3 informally and were doing whatever it is they 4 think might be appropriate on a person's behalf, 5 then they would not be included as such, but if 6 they are part of an organization, an organized 7 effort, raising money, spending money on behalf 8 of or against a candidate, then they would be 9 included in the legislation. 10 SENATOR OPPENHEIMER: If the 11 Senator would yield for another question. 12 ACTING PRESIDENT KUHL: Senator 13 Bruno, do you yield to another question? 14 SENATOR BRUNO: Yes, Mr. 15 President. 16 ACTING PRESIDENT KUHL: The 17 Senator yields. 18 SENATOR OPPENHEIMER: Then would 19 I be correct or incorrect in assuming that an 20 organization like the PTA or the Garden Club - 21 I mean, they are organizations of maybe 50, 100 22 people -- would they be included in this? 23 SENATOR BRUNO: As you described 8814 1 it, if they were organized with phone banks, 2 then they would be included. If they're 3 spending money, paying money, they would be 4 included. 5 The objective is if the 6 organization that you describe raised $100,000 7 and set up a -- banks of phones, mailed out 8 literature and did all kinds of things, wouldn't 9 you want to have that reported even though they 10 called themselves the Oppenheimer Garden Club? 11 I would think you would, and that's what this is 12 intending to get to, and we can talk all we want 13 about amendments, but the bottom line is if you 14 want real reform of election, finance 15 information and you want it computerized, vote 16 for this bill. 17 If you want the issue and you 18 want to be out there just talking about it, 19 well, then, be my guest. 20 SENATOR OPPENHEIMER: Thank you, 21 Senator. 22 On the bill for a moment. 23 ACTING PRESIDENT KUHL: Senator 8815 1 Oppenheimer, on the bill. 2 SENATOR OPPENHEIMER: I feel if 3 we really want computerized campaign financing 4 information contributions, then we have to sit 5 down and negotiate with the Assembly that has a 6 very pure bill, that's the bill I'm carrying in 7 this house, and I feel that this bill has just 8 inserted this poison pill into the negotiation, 9 and I hope that we will see a genuine bill as 10 soon as possible because this -- this process - 11 the whole idea of the influence of money in 12 campaigns is really very disturbing to me, maybe 13 because I was a past president of the League of 14 Women Voters, but this is a very distressing 15 issue to me. 16 I'll be voting no. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 9. This 20 act shall take effect on January 1st. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 8816 1 ACTING PRESIDENT KUHL: Record 2 the party line votes. Announce the results. 3 THE SECRETARY: Ayes 37, nays 20, 4 party vote. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 Secretary will continue to call 8 the controversial calendar. 9 THE SECRETARY: Calendar Number 10 1670, by Senator Bruno, Senate Bill Number 7856 11 A, an act to amend the Election Law. 12 ACTING PRESIDENT KUHL: Secretary 13 will - 14 SENATOR CONNOR: Explanation. 15 ACTING PRESIDENT KUHL: Senator 16 Bruno, an explanation of Calendar Number 1670 17 has been requested by Senator Connor. 18 SENATOR BRUNO: Mr. President, 19 this bill is referred to as the ballot access 20 bill. Again, a lot of conversation about the 21 technicalities that keep people from running for 22 office, getting on the ballot. This again is a 23 very comprehensive approach to eliminating a lot 8817 1 of the technicalities that have been used in the 2 past to keep people off the ballot. We think 3 we've corrected those. We've changed the form. 4 We've simplified it, and just made it much 5 easier for people to get on the ballot, to run 6 for office. 7 That's the bottom line, that 8 people would not get knocked off a ballot 9 because they left a street off or they didn't 10 use the right color paper or they didn't clip 11 together properly. The intent is that, if the 12 signatures are there and if they're in proper 13 form, people will have access to running for 14 public office. 15 ACTING PRESIDENT KUHL: Senator 16 Connor. 17 SENATOR CONNOR: Thank you, Mr. 18 President. On the bill. 19 ACTING PRESIDENT KUHL: Senator 20 Connor, on the bill. 21 SENATOR CONNOR: I'm delighted 22 that at this late hour in the session, I guess 23 yesterday, the Governor sent up this bill and 8818 1 today sends a message of necessity for it as 2 amended, but indeed the provisions in this are 3 the things that people have been literally 4 seeking for decades. 5 Some features of this bill go 6 back to a bill I introduced in 1978 and '79 when 7 I was first elected. In fact, I had a staff 8 member track the provisions and actually just 9 about every one of them corresponds to a bill 10 that I've introduced in the last 15 years. But 11 they were good ideas when I had them and they're 12 good ideas now that they're on the floor. 13 Does it go far enough? And as 14 many of you know, I voted against the so-called 15 Election Reform Act of 1989, was it, which, in 16 fact left off, because it left most of these 17 provisions we would now do away with on the 18 books. We don't need A.D.s and E.D.s. We have 19 computers; you can find voters. We don't need 20 all the rigmarole, although let me say as with 21 prior legislation, this addresses what I always 22 call the news columnist Election Law. I keep 23 reading in columns that people keep searching 8819 1 through petitions to knock people off with no 2 middle initial. 3 I think the Legislature, wisely, 4 in 1949 or '50, wisely passed a law that no 5 petition would be invalid because of no middle 6 initial. All you need is the first name, but I 7 keep reading that this is the reason people keep 8 getting kicked off because of that, and we 9 addressed that a year ago even though there was 10 this 50-year-old law on the books. 11 The issue of color comes to 12 mind. Certainly in the last 50 years -- and I'm 13 familiar with election law in New York City 14 through most of that time or all of that time - 15 I've never ever heard of a candidate being 16 removed from the ballot because of using the 17 wrong color paper, but I keep reading it in the 18 headlines and papers. It must be true. I read 19 it in some of the best papers in the land. 20 So we've addressed that in case 21 it ever does -- in case it ever becomes -- in 22 case it ever becomes real, in case any of those 23 columns become true. We've now obviated it 8820 1 before the fact and require no such color 2 identification in this bill. 3 This bill doesn't do some things 4 it could do, it could well do. I proposed 5 legislation a number of years ago which would 6 eliminate entirely the witness statement. Who 7 needs it? Who cares? You have computers. You 8 look up the signatures on the petition. If 9 they're really registered voters, it's not a 10 forgery; it's a legitimate signature; it's 11 valid. Do you really care whether a notary or a 12 commissioner of deeds or a local ward healer 13 took the signature and swore to it? It doesn't 14 really matter. The signature is genuine. It's 15 genuine, yet people will continue -- will 16 continue under this legislation to be removed 17 from the ballot because of -- of fraud or 18 defects or misidentifications by the witness. 19 To me, it doesn't make any sense. 20 This bill also doesn't address 21 the required number of signatures for offices 22 like President of the United States and indeed 23 while I appreciate the Governor's haste in 8821 1 getting this to us in the last four hours, it's 2 a shame that the people of New York, once upon a 3 time earlier this year when there was national 4 interest in who would be the candidate at least 5 of the Republican Party for President and there 6 were then prominent national candidates, that 7 they had to either avoid New York or overcome 8 incredible obstacles, resort to lawsuits, and so 9 forth, to get any place on the ballot. 10 If we could act this hastily, I 11 just can't believe we couldn't have acted back 12 in January when the Speaker and I introduced 13 legislation that would have let all presidential 14 candidates that qualified for matching funds 15 appear on the ballot merely by signing their 16 name, as many many states do. 17 So while this -- and I intend to 18 voted for this. This is good. I regret that 19 the Governor -- another regret I, frankly, have 20 is we are now in the middle of the petition 21 process for this year, the year 1996, and I say 22 to all those candidates out there with all my 23 colleagues, beware, this is not effective until 8822 1 December 1st. Democracy with a small "d" 2 remains at risk for the next few months, 3 notwithstanding whether or not this ever becomes 4 law, the Assembly acts on it and the Governor 5 sign it. The bad old rules still apply and, if 6 the second floor in this house could act so 7 quickly over the last two days of the -- I don't 8 know what to call it -- what do we call it, the 9 near end or the beginning of the end of session 10 or whatever -- we could have acted much earlier 11 and provided at least the candidates access in 12 the current era. 13 So it doesn't go far enough but 14 it does make some -- frankly, makes some big 15 strides that we've been calling for for many, 16 many years. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 9. This 20 act shall take effect on the first day of 21 December. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 8823 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 57. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1673, by Senator Libous, Senate Print 7699, an 7 act to enact the Cigarette Tax Enforcement Act 8 of 1996. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 12. This 12 act shall take effect on September 1st. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 57. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1674, by Senator Maltese, Senate Print 6475, an 21 act to amend the Administrative Code of the city 22 of New York. 23 SENATOR PATERSON: Explanation. 8824 1 ACTING PRESIDENT KUHL: There is 2 no home rule message at the desk, so the bill 3 will be laid aside. 4 Senator Bruno, that completes the 5 calendar, the controversial reading of the 6 calendar. Did you want to return to motions and 7 resolutions for a motion? 8 SENATOR BRUNO: This motion at 9 the desk? 10 ACTING PRESIDENT KUHL: There's 11 no housekeeping at the desk. 12 SENATOR BRUNO: Anything else? 13 Mr. President, you might want to at this time - 14 is there other housekeeping to be done? 15 Senator Montgomery? 16 ACTING PRESIDENT KUHL: Senator 17 Montgomery, why do you rise? 18 SENATOR MONTGOMERY: Mr. 19 President, I would like unanimous consent to be 20 recorded in the negative on Calendar Number 21 1607. 22 ACTING PRESIDENT KUHL: Without 23 objection, hearing no objection, Senator 8825 1 Montgomery will be recorded in the negative on 2 Calendar Number 1607. 3 Senator Saland, why do you rise? 4 SENATOR SALAND: Mr. President, I 5 request unanimous consent to be recorded in the 6 negative on Calendar Number 1671. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, Senator Saland 9 will be recorded in the negative on Calendar 10 Number 1671. 11 Any other Senator wishing to 12 record a vote? 13 The Chair would recognize Senator 14 Connor. 15 SENATOR CONNOR: Thank you, Mr. 16 President. 17 You know, not being quite young 18 enough to be into the technical age, I've been 19 reading about and wondering about as I read 20 about virtual reality and the Majority is now 21 asking me to go first in my closing statement 22 for the 1996 session, so I'm beginning to think 23 I understand what virtual reality is. It sort 8826 1 of seems to be there but it's not really there, 2 so I will give my ersatz closing speech and 3 avoid -- try to avoid giggling. 4 I do want to thank so many people 5 as a new leader, concluding the second session. 6 There are many, many people in this room and 7 outside of this room to whom I really owe a 8 personal thank you. 9 First and foremost, let me say 10 before I offer some appropriate partisan 11 criticisms, there has certainly been no one I 12 have enjoyed and respected working with more 13 than our Majority Leader, Senator Bruno, who is 14 always a gentleman, always on time and seems a 15 little early to me this year, with this 16 closing. 17 But certainly Senator Bruno has 18 -- has improved in many respects life for the 19 members in this house and, hopefully, it's 20 reflected in some respect the public may have 21 gained -- we're not there yet, but some respect 22 they have gained for the way we do business, at 23 least the timeliness of it, and some of the 8827 1 openness. 2 To certainly my own right arm, 3 Senator Paterson, our Deputy Minority Leader, 4 thank you for your patience, for your eloquent 5 presentation of our Conference's position in the 6 debates. To our more than able Assistant 7 Minority Leader, Senator Stachowski who also 8 leads in debate, to our -- and his job is not 9 yet done, but to our ranking member on Finance, 10 Senator Gold, who has been of invaluable support 11 to me and to our Conference, of course to our 12 Conference chair, Senator Mendez, who you all 13 don't see but presides over our sometimes, not 14 often actually, contentious conferences. The 15 conferences really we found large consensus. 16 And to all of my colleagues, and I thank all of 17 you on both sides of the aisle, on the other 18 side of the aisle for your courtesy which, if I 19 may say in these last two years, and it's a 20 credit to Senator Bruno, and to all the members 21 of this house, I think many of the courtesies 22 that we enjoyed as colleagues and the respect 23 for each other that sometimes seem to have 8828 1 broken down in some past years have been largely 2 restored, and that's good for the people of the 3 state of New York that we air our differences in 4 a respectful and deliberate way and to, of 5 course, my colleagues in the Democratic 6 Conference I thank you for giving me the 7 opportunity to serve. 8 Well, here we are. It's the 9 closing speech. We've done much in the Senate. 10 We seem to have set a record for one-house 11 bills. The other house is not with us tonight 12 in Albany and is continuing its work next week. 13 We have made some progress in some areas and 14 indeed the election reform bill, as I pointed 15 out, is an important one, although long over 16 due, and better late than never I suppose, 17 although those people who are unfairly removed 18 from the ballot this August and September will 19 wonder exactly why we are so late. 20 It seems rather strange to be 21 calling an end to session when a few minor items 22 of importance remain undone. It is virtually 23 unprecedented in this Capitol that we declare 8829 1 the regular session concluded and we have no 2 state budget. I said "minor" with some 3 facetiousness, but my colleagues on this side of 4 the aisle remain ready to work next week and the 5 week after in cooperation with all of our 6 colleagues in the Legislature for a budget that 7 does recognize the values we think are important 8 to New Yorkers, that provides for the future for 9 our children and their education, that promotes 10 economic security and jobs for middle class 11 people who are quite concerned about it. 12 That's the only way to ensure 13 fairness to families, that protects our homes by 14 keeping a lid on property taxes, that meets our 15 responsibilities to the aged and disabled and to 16 all New Yorkers for quality health care. Indeed 17 NYPHRM is part of that as well as the budget, 18 NYPHRM which remains expiring and unsolved 19 because one-house bills don't become law. It 20 does require agreement between both houses and 21 the Governor, and we have to uphold our 22 traditions by fostering certainly openness and 23 accountability, and some of the amendments my 8830 1 colleagues offered, for example, for an itemized 2 legislative budget would advance that. 3 We have not taken action in a 4 real way on -- at least the Majority has not 5 brought to the floor legislation that the public 6 wants to deal with assault weapons. Regrettably 7 this house has not taken action to ensure an 8 increase in the minimum wage which is something 9 for which our working people cry out. We did 10 offer amendments on that. They were rejected by 11 the Majority in this house, but no action was 12 taken, and that in my mind is regrettable. 13 The question of extending the 14 loft tenants is not done and indeed were I a 15 loft tenant, I would really wonder what we were 16 doing leaving here saying the regular session is 17 over but maybe we'll deal with your problem. 18 I'd be quite frightened if I thought I could be 19 put out in the street in a mere two or three 20 weeks if we don't return and do something with 21 it, and I think perhaps we're not meeting our 22 responsibility as a Senate and I think the 23 Majority should really take action on that 8831 1 before we leave. We owe that to those people. 2 The year has been an interesting 3 one. It's been rather unique. I can't remember 4 a budget process like this. We saw just last 5 week the Governor's own party in both houses 6 soundly rejecting his budget proposals. I guess 7 the Gingrich-Pataki revolution is over in New 8 York State. The Assembly Republicans voted down 9 the Governor's budget proposal and indeed our 10 Majority, and I applaud them for it -- I don't 11 think it went far enough in certain areas -- put 12 forth a budget that was nearly a billion dollars 13 more than what the Governor had proposed. 14 So I think it's clear the 15 Legislature, and I say this in a non-partisan 16 way, I applaud the fact that legislators of 17 whatever political persuasion are attempting to 18 meet the needs of the people without regard for 19 whether or not they are politically aligned with 20 the second floor. 21 We have not in a real way -- we 22 have two one-house versions dealing with 23 Workers' Compensation, something that's 8832 1 important to the businesses of this state, the 2 small business of this state, as well as to the 3 working men and women of this state and their 4 health and economic security. My colleagues in 5 this Conference, seeing the Majority proposal in 6 this house and seeing the Assembly's proposal, 7 indeed just a couple weeks ago put out our own 8 proposal. I would urge those who are 9 negotiating with the other house to take a look 10 at some of the features. I think you will see 11 in some respects it's closer to this house's 12 proposal, in other respects closer to the 13 Assembly, and we actually have a few new ideas 14 in there that I think both houses would take 15 benefit from taking a look at, providing you're 16 not bounded by that Albany illness that 17 sometimes says, Ignore what the minorities do. 18 You know, we welcome you to steal our good 19 ideas. You've done it before. I know you'll do 20 it again. Do it in this case. 21 Mr. President, I feel a little 22 silly saying goodbye to everybody, saying we 23 wish you a good summer. I hope you have a good 8833 1 week next week. I certainly will not say I wish 2 you well with the summer and with the elections 3 in November because something tells me we will 4 be back here in a relatively short while. 5 So that, Mr. President, is my 6 ersatz closing farewell speech. 7 Thank you. 8 ACTING PRESIDENT KUHL: Chair 9 recognizes Senator Bruno. 10 SENATOR BRUNO: Thank you, Mr. 11 President. 12 For one of the few times in this 13 chamber, I feel that the Minority Leader, my es 14 teemed colleague, was at a loss to properly 15 describe what he was doing, so let me be 16 helpful. 17 What is happening -- there is no 18 confusion at all as to what is happening here 19 tonight at ten minutes to nine, not at three in 20 the morning or six in the morning with a 36-hour 21 marathon. 22 What we are doing tonight, Mr. 23 President, is concluding the regular session of 8834 1 the Senate. We adopted in January a calendar 2 with the Minority, with the Majority in the 3 other house, with the recognition of the 4 Governor, that we would work diligently on 5 behalf of the people of this state and on June 6 14 we would conclude our work and conclude the 7 regular session. 8 So, Mr. President, I'm proud, 9 pleased to stand here and say that we have 10 concluded the regular session in the Senate and 11 we have done the things that we should have done 12 on behalf of the people of this state. We have 13 passed a budget, and it is a budget that we in 14 this house would be willing to see become law 15 and all that it would take for that budget to 16 become the law of this state would be for it to 17 pass the Assembly in the same form and get 18 signed by the Governor. 19 We did pages of very meaningful 20 things that are represented in the Journal, like 21 a Workers' Compensation package that truly 22 reforms Workers' Comp.; the breast cancer/ 23 pesticide bill; NYPHRM and many many others that 8835 1 you're very aware of. So we have done our work 2 in an efficient, orderly way. 3 Does it make sense to go on 4 endlessly? We think not. When you're done, 5 you're done. We're done with the regular 6 session. What does that mean? That means that 7 we stop the hundreds of bills that go through 8 the process; they get recommitted. 9 And yes, Mr. President, we will 10 be back. We shall return and, when we return, 11 hopefully it will be to pass a three-way budget 12 that will be an agreement, five ways, all ways, 13 with 211 legislators agreeing to do, we hope, an 14 agreed-on version of some of the things that are 15 now only done in this chamber. We hope that 16 will be the case, and when that is the case 17 we'll be back. 18 In the interim we'll be doing the 19 other things that are important in our lives 20 during this season, whatever they are. That's 21 what we'll be doing. Tomorrow, Sunday, Monday, 22 Tuesday, Wednesday, we will not be here. Why? 23 Because we have completed our work in the 8836 1 regular session. Will people be working? Yes. 2 Will I be here and not in Italy? Yes. Just for 3 the record, Mr. President, O.K.? 4 So committees will function, 5 people will function and staff will function. 6 We have done a lot, so my colleague is right, 7 we'll be back. We'll be back when it's 8 appropriate. In the meantime, we will be saving 9 the taxpayers of this state whatever part of the 10 approximately $55,000 a day it takes to keep us 11 here. We'll be saving that for the taxpayers. 12 So take great comfort in that; but we'll come 13 back when we have work to do, and as far as I'm 14 concerned, the sooner the better. We're 15 prepared. 16 Now, when you do as much as we've 17 done this year, a lot of people participate and 18 I want to say thank you to the people that get 19 involved with us and help us be as effective as 20 we have been this session. 21 We have been effective and we in 22 this chamber can be proud of what we've done and 23 I want to thank my colleague on my right, 8837 1 Senator Dean Skelos, who sits here, does a lot 2 of the things that have to get done in this 3 chamber and does a number of other things that 4 makes me very, very thankful for the assistance 5 and makes my life a lot simpler. 6 Senator Stafford, our chair of 7 Finance does the same, doing a lot of heavy 8 lifts, and light lifts too sometimes, but he 9 does both extremely well; and the others in this 10 chamber who contribute to this process and make 11 it as orderly and as effective and as efficient 12 as it is, and there are people who support us 13 all and you all know who they are because the 14 process couldn't work without them: 15 Tim Collins, our Executive 16 Counsel, and Dave Dudley, who work literally 17 3:00, 4:00 in the morning, some Senators do, 18 making sure that we can function the next day 19 and the day after, so I say thank you and I 20 think it was at 3:30 or 4:00 o'clock this 21 morning that the group was meeting and doing a 22 lot of things to help us get through this day. 23 Abe Lackman, who is here 8838 1 somewhere unless he's negotiating something, has 2 been invaluable in helping us in doing all of 3 the things that we have to do. Steve Boggess, 4 my chief of staff, stays side by side helping us 5 in every way to be effective. Pat Stackrow, my 6 executive assistant, who is here and you know 7 the kind of work that takes place in that office 8 because you relate, and I hope in a very 9 positive way. John McArdle, our director of 10 communications, Marcia White, my press 11 secretary, try and make me look good and it's 12 very difficult many times, and this Majority, 13 and at times we bring along the Minority; and 14 I'll thank them on your behalf for doing that. 15 At the front desk, the people 16 work hard, Billy Greer, Tom Testo, and the 17 others you see there who keep us orderly and 18 functioning and we say thank you; and Steve 19 Sloan, our Secretary to the Senate has been with 20 us for a lot of years keeping this place running 21 in an orderly way, and all of the Sergeant-at 22 Arms that are here and those that aren't, who 23 are on duty not knowing what to expect, but 8839 1 they're here, they function, and they help us a 2 lot, and all the pages that are here and so many 3 others. 4 This is a very complicated 5 process. To be efficient, to be orderly, to be 6 kindly, takes the support of a lot of people and 7 I've left out a lot of names, but to all of 8 them, I just want to say thank you for getting 9 us through to an orderly conclusion on June 10 14th. We can be proud that we have done that. 11 So, as we conclude this regular 12 session and you, Mr. President, have been there 13 looking down on us mostly in a benevolent way, 14 being helpful, banging the gavel, not breaking 15 any this year, but we thank you for that, 16 because they're very expensive. 17 And I want to say really a thank 18 you to Senator Marty Connor, our leader on this 19 side of the aisle, and Dave Paterson, his able 20 assistant for being what you are. You are 21 capable and able in representing your interests 22 as you see them and as you feel is your 23 responsibility. Sometimes you agree with us and 8840 1 sometimes you don't agree with us. You can't be 2 right all the time, but what you do, and I do 3 appreciate, Senator Connor, your comment that we 4 have worked together, and we have, and I think 5 that holds us all in good stead. 6 I think the projection out there 7 to the people of this state is that we can agree 8 or disagree and still respect each other and our 9 position is really what it ought to be like in 10 this chamber, and I think that's what it's all 11 about, to create a dignity that goes with being 12 a Senator, and being in the Senate. 13 So I thank you for your 14 cooperation and your help in getting us through 15 what we get through here on a daily basis. 16 We'll go forward from here. We'll do the things 17 that we have to do and we will be back. We'll 18 be back to do the things that we have to do. 19 But when we're back, we will be back for a 20 specific purpose. It will be to pass a budget. 21 It will be to pass a Workers' Compensation bill, 22 a NYPHRM, hopefully a loft bill. I've been 23 hearing from all of the people with lofts in my 8841 1 district. 2 SENATOR SKELOS: Hay lofts. 3 SENATOR BRUNO: They're hay 4 lofts. You wonder what effect really the loft 5 bill has on them, and I keep trying to find that 6 out too. But we -- Mr. President, I'd like to 7 conclude on a light note, so let's do that, and 8 let's hope that we can go forward, work 9 together. We'll work with the Speaker, and the 10 Speaker has done an outstanding job from his 11 position in doing what he thinks he ought to be 12 doing and, hopefully, we can get an agreement to 13 do something with the Governor and get a budget 14 before us, and I hope in the not too distant 15 future, because that is critically important. 16 So I don't want anyone to think 17 that we're leaving here acting as if we've done 18 everything that we're supposed to do. We 19 haven't but, as I've said, we've had a session. 20 We're closing that regular session. We'll come 21 back when we need to. So at this time, I'd like 22 to recommit all of the calendar bills to the 23 Committee on Rules. 8842 1 ACTING PRESIDENT KUHL: Without 2 objection, the committee bills -- calendar bills 3 -- all of the calendar bills are recommitted to 4 the Committee on Rules. 5 SENATOR BRUNO: And, Mr. 6 President, there being no further business to 7 come before the Senate presently at this time, I 8 would move that we adjourn subject to the call 9 of the Majority Leader and intervening days to 10 be legislative days. 11 Thank you. 12 ACTING PRESIDENT KUHL: Without 13 objection, the Senate stands adjourned subject 14 to the call of the Majority Leader, all 15 intervening days to be legislative days. 16 (Whereupon at 9:03 p.m., the 17 Senate adjourned. ) 18 19 20 21 22 23