Monday, June 24, 1996

8864 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 24, 1996 11 1:01 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 8865 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 find their places, staff to find their places. 5 I'd ask everybody in the chamber to rise with me 6 and join with me in saying the Pledge of 7 Allegiance, and please remain standing for the 8 invocation. 9 (The assemblage repeated the 10 Pledge of Allegiance to the Flag.) 11 We are very pleased to be joined 12 by the Reverend Peter G. Young of the Blessed 13 Sacrament Church of Bolton Landing, who will 14 deliver the invocation. 15 Father Young. 16 REVEREND PETER G. YOUNG: Thank 17 you, Senator. 18 Let us pray on this beautiful 19 spring-summer day. 20 We pray for all of our New York 21 State that their wealth and their power might 22 become a force for peace rather than conflict, a 23 source of hope rather than discontent, to act as 8866 1 an agent of friendship rather than enmity. May 2 the actions of this Senate then be that example 3 for all. Amen. 4 ACTING PRESIDENT KUHL: Amen. 5 Reading of the Journal. 6 THE SECRETARY: In Senate, 7 Sunday, June 23rd. The Senate met pursuant to 8 adjournment, Senator Farley in the Chair upon 9 designation of the Temporary President. The 10 Journal of Saturday, June 22nd, was read and 11 approved. On motion, Senate adjourned. 12 ACTING PRESIDENT KUHL: Hearing 13 no objection, the Journal stands approved as 14 read. 15 Presentation of petitions. 16 Messages from the Assembly. 17 Secretary will read. 18 THE SECRETARY: The Assembly 19 sends for concurrence Senate Bill 7553-A, with 20 an Assembly Reprint Number 30016-A. 21 ACTING PRESIDENT KUHL: Senator 22 Johnson. 23 SENATOR JOHNSON: Yes. There 8867 1 will be an immediate meeting of the Rules 2 Committee in Room 332, followed by a Finance 3 Committee meeting. That's it. 4 ACTING PRESIDENT KUHL: For the 5 benefit of the members who didn't hear Senator 6 Johnson, there will be an immediate meeting of 7 the Rules Committee in the Majority Conference 8 Room. Immediate meeting of the Rules Committee 9 in the Majority Conference Room, Room 332. That 10 will be followed by an immediate meeting of the 11 Finance Committee. 12 Senator Larkin. 13 The message from the Assembly is 14 before the house. The Chair recognizes Senator 15 Larkin. 16 SENATOR LARKIN: Mr. President, I 17 move that the Senate not concur in the said 18 amendments and move to reconsider the vote by 19 which this bill was passed. 20 ACTING PRESIDENT KUHL: Secretary 21 will call the roll on reconsideration. 22 THE SECRETARY: Senate Bill 23 Number 1468, by the Senate Committee on Rules, 8868 1 Senate Bill Number 7553-A, Assembly Reprint 2 30016-A, an act to amend the Public Health Law. 3 ACTING PRESIDENT KUHL: Senator 4 Larkin. 5 SENATOR LARKIN: I move that the 6 bill have its third reading at this time. 7 ACTING PRESIDENT KUHL: Call the 8 roll on reconsideration. 9 (The Secretary called the roll on 10 reconsideration. ) 11 THE SECRETARY: Ayes 46. 12 ACTING PRESIDENT KUHL: The bill 13 is before the house. 14 Senator Larkin, now, your 15 motion. 16 SENATOR LARKIN: I now move the 17 bill have its third reading at this time. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 21. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 8869 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 46. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Messages from the Governor. 6 Reports of standing committees. 7 Secretary will read the report of 8 the Senate Finance Committee. 9 THE SECRETARY: Senator Stafford, 10 from the Committee on Finance, reports the 11 following bills: 12 7880-A, by the Senate Committee 13 on Rules, an act making appropriations for the 14 support of government; 15 7881, by the Senate Committee on 16 Rules, an act making appropriations for the 17 support of government and to amend Chapter 63 of 18 the Laws of 1996; 19 All bills ordered directly for 20 third reading. 21 ACTING PRESIDENT KUHL: Bills 22 ordered directly to third reading. 23 Reports of select committees. 8870 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Larkin, that brings us to 5 the calendar. 6 SENATOR LARKIN: Can we take up 7 now Calendar Number 1675, Senate Bill 7880, 8 which was just reported from the Finance 9 Committee. 10 ACTING PRESIDENT KUHL: For the 11 benefit of the members, the bills are on your 12 desk if you care to read them. 13 Secretary will read Calendar 14 Number 1675. 15 THE SECRETARY: Senator Bruno 16 moves to discharge from the Committee on Rules 17 Assembly Bill Number 11204 and substitute it for 18 the identical Third Reading Calendar 1675. 19 ACTING PRESIDENT KUHL: 20 Substitution is ordered. Secretary will read 21 the title. 22 THE SECRETARY: Calendar Number 23 1675, by the Assembly Committee on Rules, 8871 1 Assembly Print Number 11204, an act making 2 appropriations for the support of government. 3 SENATOR LARKIN: Is there a 4 message at the desk? 5 ACTING PRESIDENT KUHL: Senator 6 Larkin, there is a message of necessity and 7 appropriation at the desk. 8 SENATOR LARKIN: Move to accept 9 the messages. 10 ACTING PRESIDENT KUHL: Motion is 11 to accept the message of appropriation at the 12 desk. All those in favor signify by saying 13 aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response.) 17 The message is accepted. 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. ) 8872 1 THE SECRETARY: Ayes 46. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 Senator Johnson. 5 SENATOR JOHNSON: Take up 6 Calendar Number 1676. 7 ACTING PRESIDENT KUHL: Secretary 8 will read. 9 THE SECRETARY: Senator Bruno 10 moves to discharge from the Committee on Rules 11 Assembly Bill Number 11203 and substitute it for 12 the identical Third Reading Calendar 1676. 13 ACTING PRESIDENT KUHL: 14 Substitution is ordered. Secretary will read 15 the title. 16 THE SECRETARY: Calendar Number 17 1676, by the Assembly Committee on Rules, 18 Assembly Print 11203, an act making 19 appropriations for the support of government and 20 to amend Chapter 63 of the Laws of 1996. 21 ACTING PRESIDENT KUHL: Senator 22 Johnson. 23 SENATOR JOHNSON: Is there a 8873 1 message of appropriation at the desk? 2 ACTING PRESIDENT KUHL: There is 3 a message of appropriation at the desk, Senator 4 Johnson. 5 SENATOR JOHNSON: I move to 6 accept the message of appropriation. 7 ACTING PRESIDENT KUHL: Motion to 8 accept the message of appropriation on Calendar 9 1676. All those in favor signify by saying 10 aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response. ) 14 The message is accepted. 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 46. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 8874 1 SENATOR JOHNSON: May we please 2 return to reports of standing committees. I 3 believe there is a report from the Rules 4 Committee at the desk. 5 ACTING PRESIDENT KUHL: We'll 6 return to the order of reports of standing 7 committees. Secretary will read the report of 8 the Rules Committee. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, reports the 11 following bills: 12 Senate Print 6718, by Senator 13 Velella, an act to amend Chapter 934 of the Laws 14 of 1985; 15 7537-A, by Senator Hannon, an act 16 to amend the Public Health Law, Chapter 922 of 17 the Laws of 1990, amending the Public Health Law 18 and other laws relating to reimbursement; 19 7879, by Senator Larkin, an act 20 in relation to dissolving the corporate 21 existence of a certain not-for-profit 22 corporation; and 23 7884, by Senator Bruno, an act to 8875 1 amend the Environmental Conservation Law. 2 All bills ordered directly for 3 third reading. 4 ACTING PRESIDENT KUHL: Senator 5 Johnson. 6 SENATOR JOHNSON: Mr. President, 7 I move we accept the report of the Rules 8 Committee. 9 ACTING PRESIDENT KUHL: Motion is 10 to accept the report of the Rules Committee. 11 All those in favor signify by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response. ) 15 The Rules report is accepted. 16 All bills ordered directly for third reading. 17 Senator Johnson. 18 SENATOR JOHNSON: May we return 19 to the motions and resolutions calendar at this 20 time. 21 ACTING PRESIDENT KUHL: Return to 22 the order of motions and resolutions. 23 Senator Johnson. 8876 1 SENATOR JOHNSON: I move that we 2 adopt the Resolution Calendar. 3 ACTING PRESIDENT KUHL: The 4 motion is to accept and adopt the Resolution 5 Calendar which is on the members' desks. All 6 those in favor signify by saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 The Resolution Calendar is 11 adopted. 12 Senator Johnson. 13 SENATOR JOHNSON: Is there a 14 resolution by Senator Goodman at the desk? Like 15 to have it read. 16 ACTING PRESIDENT KUHL: There is 17 a privileged resolution at the desk. 18 SENATOR JOHNSON: May we read the 19 title and move the resolution at this time. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the title of the privileged resolution 22 by Senator Goodman. 23 THE SECRETARY: By Senator 8877 1 Goodman, Legislative Resolution honoring the 2 memory of Louis J. Lefkowitz. 3 ACTING PRESIDENT KUHL: The Chair 4 recognizes Senator Goodman on the resolution. 5 SENATOR GOODMAN: Mr. President, 6 one of the most beloved and respected figures in 7 the recent politics and government of the state 8 of New York was the Attorney General who served 9 longer in that office than any other in our 10 history, who died on Thursday night late but, as 11 his son pointed out, just in time to be included 12 in the late edition of the New York Times 13 obituary on Friday. In this facetious fashion, 14 he pointed to the extraordinarily adept manner 15 in which the Attorney General was able to 16 utilize the media and to mold public opinion for 17 purposes which I think we'd all agree were 18 admirable and very much in the interest of the 19 people of the state of New York. 20 Louis J. Lefkowitz was a product 21 of Manhattan's East Side, born in an environment 22 essentially extremely poor and emerging from it 23 in a fashion that can only excite the greatest 8878 1 respect. He ran first for an Assembly seat in a 2 totally Democratic district and was presumed to 3 be a sitting duck, one who would be readily 4 defeated but, as he went from door to door with 5 his indomitable energy, he said, Please give me 6 your vote so that I'm not disgraced in this 7 election. 8 The attempt to avoid being 9 disgraced in the election turned into an upset 10 victory which launched one of the most 11 extraordinary political careers in the history 12 of the state. 13 Louis Lefkowitz was an individual 14 who served by appointment of Mayor Fiorella 15 LaGuardia as a judge in the city of New York and 16 subsequently upon the election of Jacob J. 17 Javits to the United States Senate, succeeded 18 him as the Attorney General of the state. 19 Up to that point, the office of 20 Attorney General was essentially devoted to 21 defending the state against actions being 22 brought against it in the state courts, but 23 Louis Lefkowitz converted this essentially 8879 1 defensive definition of the job into one which 2 involved an aggressive concern with the 3 interests of people, and particularly consumers, 4 all around the state and that dedicated 5 redefinition of mission resulted in his becoming 6 known as "the people's lawyer", a moniker which 7 stuck with him for the rest of his life. 8 He was a close confidante of 9 Governor Rockefeller and indeed was the only 10 individual invited consistently by the Governor 11 to stay with him in the Executive Mansion 12 whenever he was in Albany, and the bond between 13 these two men, and their productive partnership, 14 greatly benefited all of the people. 15 Louis Lefkowitz was a man with a 16 photographic memory. To campaign with him was 17 an experience that one could never forget once 18 having done it. I can recall walking the 19 streets of New York with him in my first 20 election a number of years ago. We would start 21 at a certain street, and he would enter every 22 retail establishment within view. We would go 23 into beauty parlors and shake the hand of every 8880 1 woman under a dryer. We would go into barber 2 shops and shake the hand of every man in a 3 barber chair. 4 In short, Louis Lefkowitz had a 5 comprehensive concept of campaigning and the 6 remarkable thing about his style was that once 7 he learned a name, he never forgot it, and not 8 only did he remember the individual he had met 9 but he remembered the stories about their 10 families so that to walk the streets of New York 11 with Louis Lefkowitz was to be treated with an 12 encyclopedia not only of Joe Smith, but of his 13 Aunt Maude, his nephew Luigi, or whoever it 14 might have been, and a complete understanding of 15 everybody's problem in a sense that Louis 16 Lefkowitz cared about people. 17 Mr. President we shall not see 18 his like again in this state, and yesterday at 19 his funeral in New York encomiums were delivered 20 by the Governor of the state, the junior Senator 21 from New York State, the Mayor of the city of 22 New York, and a whole range of notables, all of 23 whom gathered by the hundreds to salute and bid 8881 1 farewell to an absolutely unique New York 2 product. 3 He had a razor sharp legal mind 4 and a heart of gold. We shall always remember 5 him. 6 ACTING PRESIDENT KUHL: Senator 7 Johnson, did you have an announcement? 8 SENATOR JOHNSON: Yes, Mr. 9 President. 10 I'd like to re-announce that 11 there's a meeting, ongoing meeting now, of the 12 Finance Committee and we encourage all members 13 to be there, Room 332. Subsequent to that, 14 we'll have a meeting of the Corporations 15 Committee in that same room. 16 ACTING PRESIDENT KUHL: Immediate 17 meeting of the Senate Finance Committee in Room 18 332, Majority Conference Room. Immediate 19 meeting of the Senate Finance Committee in Room 20 332. 21 Senator Farley, on the 22 resolution. 23 SENATOR FARLEY: Yeah. I'd just 8882 1 like to rise and agree with Senator Goodman that 2 what a remarkable person that Louis Lefkowitz 3 was and what a fine human being, a great 4 Attorney General, but perhaps more interesting, 5 one of the most unique politicians, I think, 6 that ever was elected to office, a person that 7 has really set the gold standard for -- to get 8 elected in a district where he was outnumbered 9 registrationwise, and perhaps one of the top 10 vote getters that this state has ever seen. 11 I understand that Louis Lefkowitz 12 -- I can still see him to this day campaigning 13 in Schenectady at the GE gates, going with both 14 hands and saying "Hi" to everybody and he 15 certainly, for almost all his 91 years, was 16 vibrant and, when I saw him just a few short 17 years ago, there didn't seem to be very much 18 change in him. 19 He was a remarkable Attorney 20 General, a remarkable human being, and somebody 21 that this -- that really made his mark in this 22 state and set the standard for excellence in 23 public service. 8883 1 He'll be missed. 2 ACTING PRESIDENT KUHL: The 3 question is on the resolution. All those in 4 favor signify by saying aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response. ) 8 The resolution is adopted. 9 Senator Hoffmann, why do you 10 rise? 11 SENATOR HOFFMANN: Mr. President, 12 I was out of the chamber when 1675 was called 13 up. I request unanimous consent to be recorded 14 in the negative. 15 ACTING PRESIDENT KUHL: Without 16 objection. 17 SENATOR HOFFMANN: Thank you. 18 ACTING PRESIDENT KUHL: Hearing 19 no objection, Senator Hoffmann will be recorded 20 in the negative on Calendar Number 1675. 21 Senator Wright. 22 SENATOR WRIGHT: Mr. President, I 23 ask unanimous consent to be recorded in the 8884 1 negative on Calendar Number 1675. 2 ACTING PRESIDENT KUHL: Without 3 objection, hearing no objection, Senator Wright 4 will be recorded in the negative on Calendar 5 Number 1675. 6 Senator DiCarlo. 7 SENATOR DiCARLO: Mr. President, 8 I ask unanimous consent to be recorded in the 9 negative on Calendar Number 1675. 10 ACTING PRESIDENT KUHL: Without 11 objection, hearing no objection, Senator DiCarlo 12 will be recorded in the negative on Calendar 13 Number 1675. 14 Senator Nozzolio. 15 SENATOR NOZZOLIO: Mr. President, 16 I ask unanimous consent to be recorded in the 17 negative on Calendar Number 1675. 18 ACTING PRESIDENT KUHL: Without 19 objection, hearing no objection, Senator 20 Nozzolio will be recorded in the negative on 21 Calendar Number 1675. 22 Senator Oppenheimer. 23 SENATOR OPPENHEIMER: With 8885 1 unanimous consent, 1675, also in the negative. 2 ACTING PRESIDENT KUHL: Without 3 objection, hearing no objection, Senator 4 Oppenheimer will be recorded in the negative on 5 Calendar Number 1675. 6 Senator Levy? Senator Alesi. 7 SENATOR ALESI: Mr. President, I 8 ask unanimous consent to be recorded in the 9 negative on Calendar Number 1675. 10 ACTING PRESIDENT KUHL: Without 11 objection, hearing no objection, Senator Alesi 12 will be recorded in the negative on Calendar 13 Number 1675. 14 Senator Maziarz. 15 SENATOR MAZIARZ: Thank you, Mr. 16 President. 17 Mr. President, without objection, 18 I'd like to be recorded in the negative on 19 Calendar Number 1675. 20 ACTING PRESIDENT KUHL: Without 21 objection, hearing no objection, Senator Maziarz 22 will be recorded negative on Calendar Number 23 1675. 8886 1 Senator Libous. 2 SENATOR LIBOUS: Thank you, Mr. 3 President. 4 Could I have unanimous 5 consideration to be recorded in the negative on 6 Calendar 1675, please. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, Senator Libous 9 will be recorded in the negative on Calendar 10 Number 1675. 11 Senator Johnson. 12 SENATOR JOHNSON: Mr. President, 13 may you at this time go back to the Resolution 14 Calendar, read Senator Rath's resolution, the 15 title, and adopt it at this time. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the title to Senator Rath's privileged 18 resolution, which is at the desk. 19 THE SECRETARY: By Senator Rath, 20 Legislative Resolution mourning the death of 21 Louis R. "Lou" Woolcock, Director of the New 22 York State Department of Transportation Office 23 of Internal Audit and Investigations. 8887 1 ACTING PRESIDENT KUHL: Senator 2 Rath, on the resolution. 3 SENATOR RATH: Mr. President, I 4 would like my colleagues to join with me in a 5 moment of consideration of a life of Lou 6 Woolcock which ended much too quickly last 7 Monday at 54 years of age. 8 I think many of you would 9 recognize Lou as being the husband of my 10 director of my Albany office, Marina Woolcock. 11 Lou worked for the Department of Transportation, 12 and you might see in the resolution that was 13 developed, you would recognize in Lou something 14 that we see in all of the people who love 15 government and love politics and love being 16 nexus between the two. 17 And in remembering Lou, I think 18 the most urgent thing that I can think of, 19 because I know we're moving along quickly in our 20 deliberations today, and I would like to say a 21 word of appreciation to a system that gives us a 22 person who cared so much about the integrity of 23 the system and about the honor of the traditions 8888 1 that we all work in, that his loss will be felt 2 by many, many people for a long time to come and 3 pray that our system will continue to bring to 4 the top and bring to the surface people who care 5 so much and work so hard to do what is so 6 right. 7 Thank you. 8 ACTING PRESIDENT KUHL: Question 9 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 LEICHTER: Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter, why do you rise? 18 SENATOR LEICHTER: Since there 19 seems to be a lull in our proceeding, I was at a 20 meeting of the Conference Committee on the 21 pesticide bill, so I wasn't in the chamber when 22 I understand there was a resolution honoring the 23 memory and the service of Louis Lefkowitz, and I 8889 1 just wanted to say just a couple words. 2 ACTING PRESIDENT KUHL: Senator 3 Johnson, do you have any objection to Senator 4 Leichter addressing the chamber on the 5 resolution that passed for a few moments? 6 SENATOR JOHNSON: Mr. President, 7 I believe it's very appropriate at this time to 8 do so. 9 SENATOR LEICHTER: Good. Thank 10 you, Senator Johnson. 11 ACTING PRESIDENT KUHL: Senator 12 Leichter. 13 SENATOR LEICHTER: I was 14 yesterday at the very moving services for the 15 former Attorney General, and the Governor and 16 the Mayor and others spoke very perceptively 17 about him and his service to the state. 18 I just wanted to make one point 19 that I thought was so important because in part, 20 you know, people look at Louis Lefkowitz and see 21 him somewhat as a figure of the past, but 22 there's really so much, I think, that all of us 23 could learn from his life of service, and I 8890 1 thought it was important for me to get up as a 2 Democrat. 3 I was here in the Legislature 4 when the Attorney General was in office. I had 5 very little contact with him, but I admired him 6 and I just wanted to make the point that, in a 7 day and age when I think partisanship has become 8 much sharper and more acute and when politics, I 9 think, drives our actions as never before, I 10 think it's worthwhile looking at somebody like 11 Louis Lefkowitz who, yes, he was active 12 politically, but I think that he really embodied 13 the idea that public service is to accomplish 14 goals and reach achievements for the people of 15 the state, the people that you serve and if you 16 get political credit as a result and political 17 benefits, that's really secondary, and I think 18 we all might take some moments to think about 19 that and, as a lesson I think to all of us that 20 the best politician is really the one who serves 21 the people, as certainly Louis Lefkowitz did for 22 so many years. 23 I assume that every member of the 8891 1 Legislature, of the Senate, was included in the 2 resolution. Certainly I want to be. 3 Thank you very much, Mr. 4 President. 5 ACTING PRESIDENT KUHL: Thank 6 you, Senator Leichter. 7 Senator DiCarlo, we're on motions 8 and resolutions. Did you have a couple motions? 9 SENATOR DiCARLO: Mr. President, 10 on behalf of Senator Marcellino, I wish to call 11 up bill Print Number 6902 recalled from the 12 Assembly which is now at the desk. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the title. 15 THE SECRETARY: Calendar Number 16 898, by Senator Marcellino, Senate Print 6902, 17 an act to amend the Environmental Conservation 18 Law. 19 ACTING PRESIDENT KUHL: Senator 20 DiCarlo. 21 SENATOR DiCARLO: Mr. President, 22 I now move to reconsider the vote by which this 23 bill was passed. 8892 1 ACTING PRESIDENT KUHL: Secretary 2 will call the roll on reconsideration. 3 (The Secretary called the roll on 4 reconsideration. ) 5 THE SECRETARY: Ayes 50. 6 ACTING PRESIDENT KUHL: Senator 7 DiCarlo. 8 SENATOR DiCARLO: Mr. President, 9 I now offer the following amendments. 10 ACTING PRESIDENT KUHL: Amend 11 ments are received and adopted. 12 SENATOR DiCARLO: Mr. President, 13 on behalf of Senator Maziarz, I wish to call up 14 bill Print Number 7431, recalled from the 15 Assembly which is now at the desk. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the title. 18 THE SECRETARY: Calendar Number 19 1015, by Senator Maziarz, Senate Print 7431, an 20 act to authorize the construction of new school 21 facilities. 22 ACTING PRESIDENT KUHL: Senator 23 DiCarlo. 8893 1 SENATOR DiCARLO: Mr. President, 2 I now move to reconsider the vote by which this 3 bill was passed. 4 ACTING PRESIDENT KUHL: Secretary 5 will call the roll on reconsideration. 6 (The Secretary called the roll on 7 reconsideration. 8 THE SECRETARY: Ayes 51. 9 ACTING PRESIDENT KUHL: Senator 10 DiCarlo. 11 SENATOR DiCARLO: Mr. President, 12 I now offer the following amendments. 13 ACTING PRESIDENT KUHL: Amend 14 ments are received and adopted. 15 Senator Johnson. 16 SENATOR JOHNSON: Mr. President, 17 now I'd like to take up Calendar Number 1679. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the title. 20 THE SECRETARY: Senator Larkin 21 moves to discharge from the Committee on Rules 22 Assembly Bill Number 8662-A and substitute it 23 for the identical Third Reading Calendar 1679. 8894 1 ACTING PRESIDENT KUHL: 2 Substitution is ordered. Secretary will read. 3 THE SECRETARY: Calendar Number 4 1679, by member of the Assembly Matusow, 5 Assembly Print 8662-A, an act in relation to 6 dissolving the corporate existence of a certain 7 not-for-profit corporation. 8 ACTING PRESIDENT KUHL: Any 9 Senator wishing to speak on the bill? 10 Senator Larkin. 11 SENATOR LARKIN: Mr. President, 12 this is a very significant piece of legislation 13 as far as we're concerned. 14 This is an issue that's been at 15 hand since 1994 when this organization was given 16 not-for-profit status by then Secretary of State 17 Gail Shaffer. This organization has been a 18 front for the National Man Love Boy Association. 19 Not-for-profit status should be given to an 20 organization that is promoting good human 21 dignity and all of the things that we hold near 22 and dear to us. This organization has totally 23 evaded the issues, has not responded and has 8895 1 done other things that have made it a front. 2 What we want to do is to get this 3 organization out and we want to further remove 4 all organizations associated with it, and I 5 thank my colleagues for supporting me on this 6 legislation. 7 ACTING PRESIDENT KUHL: Senator 8 Leibell, on the bill. 9 SENATOR LEIBELL: Thank you, Mr. 10 President. 11 First, I'd like to commend my 12 colleague, Senator Larkin. I think this is one 13 of the most important pieces of legislation that 14 will go through this chamber during this general 15 session this year. Senator Larkin has spent a 16 great deal of time and effort in working to 17 solve what has been a very difficult problem 18 created through the granting of this 19 not-for-profit status to this corporation. I've 20 looked -- I've liked very much working with him 21 on this issue. I once again congratulate him. 22 I think he's done an excellent job. 23 Thank you. 8896 1 ACTING PRESIDENT KUHL: Any other 2 Senator wishing to speak on the bill? Hearing 3 none, the Secretary will 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 51. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Johnson. 13 SENATOR JOHNSON: Oh, now we'd 14 like to take up Senate 6718, Mr. President. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the substitution. 17 THE SECRETARY: Senator Velella 18 moves to discharge from the Committee on Rules 19 Assembly Bill Number 9576 and substitute it for 20 the identical Third Reading Calendar 1677. 21 ACTING PRESIDENT KUHL: 22 Substitution is ordered. Secretary will read 23 the title. 8897 1 THE SECRETARY: Calendar Number 2 1677, by member of the Assembly Gottfried, 3 Assembly Print 9576, an act to amend Chapter 934 4 of the Laws of 1985. 5 ACTING PRESIDENT KUHL: Is there 6 any Senator wishing to speak on the bill? 7 Hearing none, the Secretary will read the last 8 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 51. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Johnson. 18 SENATOR JOHNSON: Now, may we 19 take up Senate 7537-A. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the title. 22 THE SECRETARY: Calendar Number 23 1678, by Senator Hannon, Senate Print 7537-A, an 8898 1 act to amend the Public Health Law, Chapter 922 2 of the Laws of 1990, amending the Public Health 3 Law and other laws, relating to reimbursement. 4 SENATOR PATERSON: Lay aside, 5 please. 6 ACTING PRESIDENT KUHL: Senator 7 Paterson, we're on the debate calendar. Are you 8 asking for an explanation? 9 SENATOR PATERSON: I'm sorry, Mr. 10 President. We're on the -- that we're on the 11 controversial calendar. 12 ACTING PRESIDENT KUHL: Yes. 13 SENATOR PATERSON: Oh, I'm sorry, 14 Mr. President. I'm just getting back into 15 form. Yes. May we have an explanation of 16 that? 17 ACTING PRESIDENT KUHL: Senator 18 Hannon, an explanation of -- it's Senate 7537-A 19 has been asked for by Senator Paterson. 20 SENATOR HANNON: Thank you, Mr. 21 President. 22 Yes, this measure deals with 23 three programs in regard to health care for New 8899 1 Yorkers. It deals with the Child Health 2 Insurance Program. It deals with regional pilot 3 projects for the uninsured, and the excess 4 medical malpractice insurance program. 5 The regional pilot projects is an 6 experimental project that was first begun in 7 1988. This would continue that. Two types of 8 programs are now in operation, an individual 9 subsidy program through which individual - 10 eligible individuals are helped in getting 11 health insurance for themselves and their 12 families, as well as an employer incentive 13 program through which certain employers receive 14 help in purchasing insurance coverage for their 15 employees. 16 The excess medical malpractice 17 insurance program begun in the '80s is 18 continued. This is providing the extra $1 19 million worth of insurance to physicians in this 20 state done through the hospital system; and the 21 third is the Child Health Insurance Program. 22 This is continued. It allows families with 23 children 14 and under who are not eligible for 8900 1 Medicaid and do not have health insurance to 2 receive assistance in purchasing health 3 insurance through participating approved 4 carriers. 5 This would be funded under the 6 existing fund surplus to the system. 7 ACTING PRESIDENT KUHL: Senator 8 Paterson. 9 SENATOR PATERSON: Mr. President, 10 if Senator Hannon would yield to a question. 11 ACTING PRESIDENT KUHL: Senator 12 Hannon, do you yield to a question? 13 SENATOR HANNON: Yes, Senator. 14 ACTING PRESIDENT KUHL: Senator 15 yields. 16 SENATOR PATERSON: Senator, with 17 respect to the child health program for new 18 enrollees and children who would become eligible 19 for the program after July 1st, what would 20 happen to them? I know the Governor wants to 21 expand the child program, and maybe that can be 22 negotiated into the budget, but now as it stands 23 with this bill what would happen to new 8901 1 enrollees after July 1st? 2 SENATOR HANNON: Absent -- we 3 only continue through this the continuation of 4 current enrollees under the Child Health 5 Insurance Program and, by the way, this bill is 6 really in a sense only if the whole NYPHRM 7 system were to lapse, so we're not projecting 8 that this is what we desire but this is just to 9 make sure that children who are currently 10 getting that coverage were to continue, so I do 11 not anticipate that we'll be able to expand it 12 even for new enrollees. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson. 15 SENATOR PATERSON: Thank you, 16 Senator. 17 We understand the need for these 18 programs and there certainly is -- this 19 certainly is a good piece of legislation, but it 20 is somewhat disappointing in that if there may 21 be some other avenues that we may explore during 22 the NYPHRM extension or NYPHRM readjustment or 23 whichever way we might work this out in the 8902 1 budget. The fact is that there really is no 2 room for expansion, for enrollees who are 3 children, after July 1st and that is quite 4 disappointing. Even if there's a -- if we are 5 relying on some other course of action, I would 6 have thought it more foresighted to have it have 7 appeared in the legislation, and I just wanted 8 to put that on the record for all of the young 9 people who need services, who need health 10 protection and would not get it based on just 11 what would be the dicta of the legislation, even 12 though I concede that it's probably not what the 13 -- what the final program would be. 14 The fact is that, just as the 15 bill stands, I feel the need to point that out. 16 ACTING PRESIDENT KUHL: Senator 17 Hannon, on the bill. 18 SENATOR HANNON: Senator, on the 19 bill. 20 Your point is well taken, and I 21 would point out that, as our statement of 22 intent, we look through the system that we and 23 the Majority have proposed for the hospital 8903 1 reimbursement system under the bill that passed 2 in this house about ten days ago. We expanded 3 the child health program to those 18 years of 4 age and under. We expanded the benefits 5 available, and we think that that is the way to 6 go and that is fully our intent, and so that's 7 why I think I can fully agree with you. 8 Thank you, Mr. President. 9 ACTING PRESIDENT KUHL: Any other 10 Senator wishing to speak on the bill? Hearing 11 none, the Secretary will read the last section. 12 THE SECRETARY: Section 13. This 13 act shall take effect June 30th. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 51. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator Johnson. 21 SENATOR JOHNSON: Any 22 housekeeping, Mr. President? 23 SENATOR COOK: Mr. President. 8904 1 ACTING PRESIDENT KUHL: Senator 2 Cook, why do you rise? 3 SENATOR COOK: Mr. President, if 4 I may, with unanimous consent, I'd like to just 5 offer a very brief comment about a resolution 6 we've already passed if that's acceptable. 7 ACTING PRESIDENT KUHL: Senator 8 Johnson? Hearing no objection, Senator Cook. 9 SENATOR COOK: Mr. President, as 10 happens from time to time we have staff members 11 who have done great service to the Senate who 12 move on to other things, but we have an 13 opportunity today to just recognize one of these 14 people. We've already passed his resolution 15 last week, but Jim Cultrara, who has been a 16 staff member for the Education Committee going 17 all the way back to the time when Senator 18 Donovan was chairman, he has served on several 19 legislative staffs here and has been an in 20 valuable resource for so many people in this 21 chamber, has opted to take some optional 22 employment, different employment, at the end of 23 this week, and I simply wanted to rise to first 8905 1 recognize Jim's great service to myself and to 2 everybody else in this chamber and also to wish 3 him well in his new endeavors. 4 ACTING PRESIDENT KUHL: Thank 5 you, Senator Cook. 6 (Applause) 7 ACTING PRESIDENT KUHL: Senator 8 Levy. 9 SENATOR LEVY: Yes, Mr. 10 President. 11 Earlier this afternoon, while the 12 Long Island legislators were out of the chamber, 13 a resolution was passed mourning the tragic 14 death of Assemblyman Philip Healey, and we just 15 wanted the record to be clear that we are going 16 to be talking about the tragedy of Phil Healey's 17 death, but not this afternoon. His beautiful 18 wife Geneva, and his family, are coming up on a 19 date to be set by the Assembly to have a suited 20 memorial in Phil's memory and we will all be 21 holding our remarks until that day when Geneva 22 is here for the Assembly and the family is here 23 and then will come over to the Senate and we 8906 1 just wanted the record to be clear on that 2 matter. 3 Thank you very much. 4 ACTING PRESIDENT KUHL: Thank 5 you, Senator Levy. 6 SENATOR JOHNSON: Mr. President, 7 I would like to announce that there is an 8 immediate meeting of the Corporations Committee 9 in 332, Room 332. 10 ACTING PRESIDENT KUHL: There 11 will be an immediate meeting of the Corporations 12 Committee, immediate meeting of the Corporations 13 Committee in the Majority Conference Room, Room 14 332. 15 Senator Nanula, why do you rise? 16 SENATOR NANULA: Mr. President, 17 I'd like to request unanimous consent to be 18 recorded in the negative on Calendar Number 19 1675. 20 ACTING PRESIDENT KUHL: Without 21 objection, hearing no objection, Senator Nanula 22 will be recorded in the negative on Calendar 23 1675. 8907 1 Senator Dollinger, why do you 2 rise? 3 SENATOR DOLLINGER: Mr. 4 President, I was out of the chamber at a 5 committee meeting when the vote was taken on 6 1675. I would request unanimous consent to be 7 recorded in the negative. That, I believe, is 8 the legislative pay bill. 9 ACTING PRESIDENT KUHL: Without 10 objection, hearing no objection, Senator 11 Dollinger will be recorded in the negative on 12 Calendar Number 1675. 13 Senator Skelos. 14 SENATOR SKELOS: We're just 15 waiting for the esteemed chairman of the Finance 16 Committee. 17 ACTING PRESIDENT KUHL: Senator 18 Skelos. 19 SENATOR SKELOS: If we could 20 return to reports of standing committees. I 21 believe there is a report of the Finance 22 Committee at the desk. I ask that it be read. 23 ACTING PRESIDENT KUHL: We will 8908 1 return to the order of reports of standing 2 committees. 3 There is a report of the Senate 4 Finance Committee at the desk. I'll ask the 5 Secretary to read. 6 THE SECRETARY: Senator Stafford, 7 from the Committee on Finance, reports the 8 following nomination: 9 Member of the New York State 10 Employment Relations Board, Linda M. Belfer, 11 Esq., of New York City. 12 ACTING PRESIDENT KUHL: The Chair 13 recognizes Senator Stafford. 14 SENATOR STAFFORD: Thank you, Mr. 15 President. 16 As has been our Governor's 17 custom, he sent some very fine nominees to us 18 today. Our first nominee is Linda Belfer, 19 presently an attorney with a very fine 20 background in education and experience who made 21 a very fine statement before our committee, and 22 was unanimously approved by the Finance 23 Committee to be a member of the New York 8909 1 Employment Relations Board, and it's a pleasure 2 for me to move her confirmation with any other 3 Senators who would care to join. 4 Thank you. 5 SENATOR ABATE: I would rise in 6 enthusiastic support - 7 ACTING PRESIDENT KUHL: Senator 8 Abate, did you wish to speak on the nomination? 9 SENATOR ABATE: Yes, Mr. 10 President. 11 ACTING PRESIDENT KUHL: It's 12 customary to be recognized by the Chair before 13 speaking. 14 SENATOR ABATE: I'm one step 15 ahead. I thought you had recognized. 16 ACTING PRESIDENT KUHL: It's been 17 a week since we've been here. 18 The Chair recognizes Senator 19 Abate, on the nomination. 20 SENATOR ABATE: Yes. I too rise 21 in enthusiastic support of Linda Belfer. Linda 22 is a constituent of mine. I've had the 23 opportunity through the years to see her good 8910 1 work in the community as well as as a lawyer. 2 She is smart; she is organized. She is 3 enormously aware of employment issues and labor 4 issues, having worked with employers and 5 employees, and I must say that she'll probably 6 be one of the only members of the board who can 7 speak English, Spanish, French and Hebrew pro 8 ficiently. That's just a demonstration of how 9 smart she is, and I think she'll make an 10 enormous and productive contribution to the 11 board, and I ask my colleagues to support her 12 nomination, and look forward to working with her 13 for the next few years. 14 ACTING PRESIDENT KUHL: Is there 15 any other Senator wishing to speak on the 16 nomination? If not, the question is on the 17 nomination of Linda M. Belfer of New York City 18 to become a member of the New York State 19 Employment Relations Board. 20 All those in favor of the 21 nomination signify by saying aye. 22 (Response of "Aye.") 23 Opposed nay. 8911 1 (There was no response. ) 2 In a close vote, but unanimous 3 vote, the nominee is confirmed. 4 We're very, very pleased to be 5 joined by Linda Belfer, who is in the balcony to 6 my right, to your left. Congratulations on your 7 appointment and good luck. 8 (Applause) 9 The Secretary will continue to 10 read. 11 THE SECRETARY: Senator Stafford, 12 from the Committee on Finance, reports the 13 following nomination: 14 Member of the Workers' 15 Compensation Board, Carol G. McManus of Pitts 16 ford. 17 ACTING PRESIDENT KUHL: Chair 18 recognizes Senator Stafford, on the nomination. 19 SENATOR STAFFORD: Thank you, Mr. 20 President. Also Mrs. McManus appeared before us 21 with likewise a very fine statement, excellent, 22 and I believe Senator Alesi is going to move the 23 confirmation, please. 8912 1 ACTING PRESIDENT KUHL: Chair 2 recognizes Senator Alesi. 3 SENATOR ALESI: Thank you, Mr. 4 President. 5 It's my pleasure and privilege to 6 support the nomination of my constituent and 7 good friend, Carol McManus, who has a very broad 8 background in not only the public sector but 9 private sector as well. Her experience crosses 10 between business, legislative and legal. 11 She's been active in unemployment 12 reform, small business, economic development, 13 industrial and labor relations, civil service 14 regulations, the wage and salary task forces and 15 most importantly, Carol is someone who brings 16 great energy to whatever endeavor she under 17 takes. She is dedicated, hard working and 18 knowledgeable, and I'm sure that she will be a 19 true asset to the Workers' Comp. Board. 20 It's my pleasure and privilege to 21 support this nomination of Carol McManus. 22 Thank you, Mr. President. 23 ACTING PRESIDENT KUHL: Chair 8913 1 recognizes Senator Maziarz on the nomination. 2 SENATOR MAZIARZ: Thank you, Mr. 3 President. I want to join my colleagues in the 4 Rochester delegation in congratulating the 5 Governor on a very fine nomination of Carol 6 McManus as a member of the Workers' Compensation 7 Board. 8 I've known Carol now for almost 9 two years and I've known her hard work on the 10 Monroe County Legislature where she's always out 11 there fighting not only for her district on the 12 east side of Rochester but really for the good 13 of and the betterment of all of Monroe County. 14 So I gladly rise and second this 15 nomination of Carol McManus. 16 Thank you, Mr. President. 17 ACTING PRESIDENT KUHL: Senator 18 Nozzolio, on the nomination. 19 SENATOR NOZZOLIO: Thank you, Mr. 20 President, my colleagues. 21 This truly is an excellent 22 appointment by Governor Pataki, and I rise to 23 join my colleagues from Monroe County to support 8914 1 it wholeheartedly. 2 Carol McManus has demonstrated 3 through here community leadership, through her 4 activities, through her volunteer work and 5 professional work, that she is ideally suited to 6 be a member of the Workers' Comp' Board, that we 7 have joined in support, unanimously of this fine 8 appointment. 9 I had first met Carol during her 10 work as a member of the chamber, as a volunteer 11 member of the chamber on issues that affect 12 directly working people. I think that's the 13 type of people that we want in this very 14 important position, one who has been involved 15 with people in a variety of different forums and 16 manners, but one who brings a balance and a 17 great deal of breadth to the Workmen's 18 Compensation Board, a very important board, one 19 that we will look to as this Legislature looks 20 to the entire issue of workmen's compensation. 21 Mr. President, I applaud the 22 Governor for making this fine appointment, and I 23 wholeheartedly support it. 8915 1 ACTING PRESIDENT KUHL: Senator 2 Dollinger, on the nomination. 3 SENATOR DOLLINGER: Thank you, 4 Mr. President. 5 I think it's an exceptional 6 candidate when all the members of the Monroe 7 County Senate delegation stand up and applaud 8 the Governor's choice and his selection, and so 9 it is in this case with Carol McManus. 10 As I said at the Finance 11 Committee, I think Carol and I have probably 12 argued and fought over more things in the past 13 than both of us can remember, but this is a 14 woman who has really committed herself to public 15 service and giving things to the community. 16 Started off as a school board 17 member, she's been a town council member; she's 18 been a member of the Monroe County Legislature. 19 She and I have something in common that she 20 probably doesn't realize, but I also was the 21 chairman of the Planning and Economic 22 Development Committee, but it was back in the 23 distant past when Democrats controlled that 8916 1 august body; but Carol gives her energy, I think 2 Senator Alesi put it correctly, she gives energy 3 and dedication to the community. 4 She has a background in office 5 operations and running the operations of a law 6 firm. She comes highly recommended by the 7 members of that firm, and I think this is an 8 exceptional candidate. I think she'll do a top 9 notch job on the Workers' Compensation Board, 10 and I congratulate the Governor for this 11 appointment. 12 ACTING PRESIDENT KUHL: Is there 13 any other Senator wishing to speak on the 14 nomination. Hearing none, the question is on 15 the nomination of Carol G. McManus of Pitts 16 ford, New York, to become a member of the 17 Workers' Compensation Board. All those in favor 18 signify by saying aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response.) 22 The nominee is confirmed. 23 We're very pleased to be joined 8917 1 by Carol McManus, who is in the gallery to your 2 left. Congratulations and good luck. 3 (Applause) 4 Secretary will continue to read. 5 THE SECRETARY: Senator Stafford, 6 from the Committee on Finance, reports the 7 following nomination: 8 George C. Frost, of South Glens 9 Falls, member of the New York State Employment 10 Relations Board. 11 ACTING PRESIDENT KUHL: Senator 12 Stafford, on the nomination. 13 SENATOR STAFFORD: Thank you, Mr. 14 President. 15 I certainly have to emphasize at 16 the beginning of my remarks that George Frost is 17 a very close friend of the Majority Leader and 18 he's also a very close professional associate of 19 our Majority Leader, and I'm sure I can't speak 20 for Senator Bruno. He speaks very well for 21 himself, but if he were here, he would be saying 22 many, many fine things about George Frost that 23 we all know very, very well. 8918 1 As a constituent of mine, I can 2 say nothing but good. A very successful 3 businessman, a professional engineer, a leader 4 in his community of professional engineers, a 5 very successful engineering practice with a very 6 large firm in upstate New York. In fact, I said 7 to him every time I went in there, and it's 8 amazing, I used to get in there about every two 9 years, I don't know why, but I -- there was a 10 large group of people, and I said, I sometimes 11 wondered about that payroll. He said he did 12 too. But he retired, left a great firm. The 13 firm is still successful; it will be successful 14 because he and his partners similarly retired. 15 I can only say, Mr. President, 16 that George Frost being willing to serve will 17 make this state a better place, and I'm sure 18 that he will be a credit to the board, and I 19 know that is true because he's been a credit to 20 his community, to his family, and indeed to 21 himself, and I know this will continue in his 22 work here with the Employee Relations Board and 23 on behalf of our Majority Leader, I certainly 8919 1 would move the confirmation. 2 ACTING PRESIDENT KUHL: Any other 3 Senator wishing to speak on the nomination? 4 Hearing none, the question is on the nomination 5 of George C. Frost, of South Glens Falls, to 6 become a member of the New York State Employment 7 Relations Boards. All those in favor of the 8 nomination signify by saying aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response. ) 12 The nominee is confirmed. 13 We're very pleased that Mr. Frost 14 has joined us. He's in the gallery to your 15 left. Welcome to the board. 16 (Applause) 17 ACTING PRESIDENT KUHL: Secretary 18 will continue to read. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, reports the 21 following nomination: 22 Trustee of the Power Authority of 23 the state of New York, Hyman Miller, of 8920 1 Fayetteville. 2 ACTING PRESIDENT KUHL: Question 3 is on the nomination of Hyman Miller to become a 4 member -- a trustee of the Power Authority of 5 the state of New York. All those in favor of 6 the nomination signify by saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 The nominee is confirmed. 11 Secretary will continue to read. 12 THE SECRETARY: Senator Stafford, 13 from the Committee on Finance, reports the 14 following nomination: 15 Member of the New York State 16 Olympic Regional Development Authority, Edwin 17 Weibrecht, of Lake Placid. 18 SENATOR STAFFORD: Move the 19 nomination. 20 ACTING PRESIDENT KUHL: Question 21 is on the nomination of Edwin Weibrecht to 22 become a member of the New York State Olympic 23 Regional Development Authority. All those in 8921 1 favor signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response.) 5 The nominee is confirmed. 6 Secretary will continue to read. 7 THE SECRETARY: Senator Stafford, 8 from the Committee on Finance, reports the 9 following nomination: 10 Member of the Central New York 11 Regional Transportation Authority, James G. 12 Russell Jr., of Syracuse. 13 ACTING PRESIDENT KUHL: Question 14 is on the nomination. All those in favor signify 15 by saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 The nominee is confirmed. 19 Secretary will continue to read. 20 THE SECRETARY: Senator Stafford, 21 from the Committee on Finance, reports the 22 following nomination: 23 Member of the State Public 8922 1 Transportation Safety Board, William Duffy of 2 Ronkonkoma. 3 SENATOR LEVY: Move confirmation. 4 ACTING PRESIDENT KUHL: Question 5 is on the nomination. All those in favor 6 signify by saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response.) 10 The nominee is confirmed. 11 Secretary will continue to read. 12 THE SECRETARY: Senator Stafford, 13 from the Committee on Finance, reports the 14 following nomination: 15 Member of the Buffalo and Fort 16 Erie Bridge Authority, Louis J. Billitier of 17 Hamburg. 18 ACTING PRESIDENT KUHL: Senator 19 Rath, on the nomination. 20 SENATOR RATH: Yes, Mr. 21 President, my colleagues. I rise to say a brief 22 word about a man I've known for a very long 23 time, Lou Billittier of Hamburg, a town a little 8923 1 south of Buffalo. Lou is a man of and for our 2 community. 3 Now, many of you live in 4 communities that have bridges. Our big bridge 5 is very special. It unites Canada and the 6 United States. This Peace Bridge Authority is a 7 major, major player in the life of our community 8 and Lou Billittier, as a long-time trustee of 9 Erie Community College, a front runner in 10 working with the Emergency Medical Services, a 11 front runner in maintaining the integrity of 12 Sheehan Memorial Hospital, is a man of our 13 community and an outstanding choice. 14 I'd like to commend the Governor 15 and urge the support of Lou Billittier. 16 ACTING PRESIDENT KUHL: Question 17 is on the nomination of Louis Billittier to 18 become a member of the Buffalo and Fort Erie 19 Bridge Authority. All those in favor of the 20 nomination signify by saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response.) 8924 1 The nominee is confirmed. The 2 Secretary will continue to read. 3 THE SECRETARY: Senator Stafford, 4 from the Committee on Finance, reports the 5 following nominations: 6 Members of the Republic Airport 7 Commission, Philip Acinapuro, of North 8 Massapequa, and Frank Nocerino, of North 9 Massapequa. 10 SENATOR LEVY: Move the 11 nominations. 12 ACTING PRESIDENT KUHL: Question 13 is on the nominations. All those in favor 14 signify by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response.) 18 The nominees are confirmed. 19 Secretary will continue to read. 20 THE SECRETARY: Senator Stafford, 21 from the Committee on Finance, reports the 22 following nomination: 23 Member of the Stewart Airport 8925 1 Commission, Louis P. Bozzone, of New Windsor. 2 ACTING PRESIDENT KUHL: Question 3 is on the nomination. All those in favor 4 signify by saying aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response.) 8 The nominee is confirmed. 9 Secretary will read. 10 THE SECRETARY: Senator Stafford, 11 from the Committee so Finance, reports the 12 following nomination: 13 Member of the New York State 14 Park, Recreation and Historic Preservation 15 Commission, Charles A. Angelino of Norwich. 16 ACTING PRESIDENT KUHL: Question 17 is on the nomination. All those in favor saying 18 by saying aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response.) 22 The nominee is confirmed. 23 Secretary will read. 8926 1 THE SECRETARY: Senator Stafford, 2 from the Committee on Finance, reports the 3 following nomination: 4 Member of the Saratoga Capital 5 District State Park Recreation and Historic 6 Preservation Commission, Michael T. Dennis, of 7 Gansevoort. 8 ACTING PRESIDENT KUHL: Question 9 is on the nomination. All those in favor 10 signify by saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response.) 14 The nominee is confirmed. 15 Secretary will read. 16 THE SECRETARY: Senator Stafford, 17 from the Committee on Finance, reports the 18 following nominations: 19 Members of the Lake George Park 20 Commission, H. Gordon Burleigh, of Ticonderoga; 21 E. Wilson Campbell, of Bolton Landing; Thomas L. 22 Wood, of Whitehall and Bruce Young of Hulett's 23 Landing. 8927 1 ACTING PRESIDENT KUHL: Question 2 of is on the nominations. All those in favor 3 signify by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response.) 7 The nominees are confirmed. 8 Secretary will read. 9 THE SECRETARY: Senator Stafford, 10 from the Committee on Finance, reports the 11 following nominations: 12 Member of the New York State 13 Emergency Financial Control Board for the city 14 of Yonkers, John Jacono, of Yonkers. 15 ACTING PRESIDENT KUHL: Question 16 is on the nomination. All those in favor 17 signify by saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 The nominee is confirmed. 21 Secretary will read. 22 THE SECRETARY: Senator Stafford, 23 from the Committee on Finance, reports the 8928 1 following nomination: 2 Member of the New York State Job 3 Development Authority, Nicholas Yunis, of 4 Elmira. 5 ACTING PRESIDENT KUHL: Question 6 is on the nomination of Nicholas Yunis to become 7 a member of the New York Job Development 8 Authority. All those in favor signify by saying 9 aye. 10 (Response of "Aye.") 11 Opposed nay. 12 The nominee is confirmed. 13 Secretary will read. 14 The Secretary will read. 15 THE SECRETARY: Senator Stafford, 16 from the Committee on Finance, reports the 17 following nomination: 18 Public Member of the State 19 Banking Board, Michael D. Grosso, of Coxsackie. 20 ACTING PRESIDENT KUHL: The 21 question is on the nomination. All those in 22 favor signify by saying aye. 23 (Response of "Aye".) 8929 1 Opposed, nay. 2 (There was no response.) 3 The nominee is confirmed. 4 The Secretary will read. 5 THE SECRETARY: Senator Stafford, 6 from the Committee on Finance, reports the 7 following nomination: 8 Member of the Small Business 9 Advisory Board, William Hockenberger, of 10 Penfield. 11 ACTING PRESIDENT KUHL: The 12 question is on the nomination. All those in 13 favor signify by saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The nominee is confirmed. 18 The Secretary will read. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, reports the 21 following nomination: 22 Commissioner of the Interstate 23 Sanitation Commission, Gerard Kassar, of 8930 1 Brooklyn. 2 ACTING PRESIDENT KUHL: The 3 question is on the nomination. All those in 4 favor signify by saying aye. 5 (Response of "Aye".) 6 Opposed, nay. 7 (There was no response.) 8 The nominee is confirmed. 9 The Secretary will read. 10 THE SECRETARY: Senator Stafford, 11 from the Committee on Finance, reports the 12 following nomination: 13 Director of the New York State 14 Environmental Facilities Development, Frederick 15 G. Field, of Newtonville. 16 ACTING PRESIDENT KUHL: The 17 question is on the nomination. All those in 18 favor signify by saying aye. 19 (Response of "Aye".) 20 Opposed, nay. 21 (There was no response.) 22 The nominee is confirmed. 23 The Secretary will read. 8931 1 THE SECRETARY: Senator Stafford, 2 from the Committee on Finance, reports the 3 following nominations: 4 Members of the New York State 5 Hospital Review and Planning Council, Vincent 6 Bove of Belle Terre; Lin H. Mo, of Bronxville 7 and Richard Rahill of Corning. 8 ACTING PRESIDENT KUHL: The 9 question is on the nominations. All those in 10 favor - 11 SENATOR LAVALLE: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 LaValle, on the nomination. 14 SENATOR LAVALLE: Mr. President, 15 I rise to speak on behalf of the nomination of 16 Vincent Bove, who is currently the mayor of the 17 village of Belle Terre. He's a personal friend 18 and neighbor, a person who serves on our local 19 hospital board at Mather Memorial Hospital and 20 also commissioner on the Suffolk County Board of 21 Health. 22 The Governor in selecting Mr. 23 Bove for this position really has selected 8932 1 someone who has not only business experience but 2 also experience in the area which he must deal 3 with, and that is health care. 4 ACTING PRESIDENT KUHL: Any other 5 Senator wishing to speak on the nominations? 6 (There was no response.) 7 Hearing none, the question is on 8 the nominations. All those in favor signify by 9 saying aye. 10 (Response of "Aye".) 11 Opposed, nay. 12 (There was no response.) 13 The nominees are confirmed. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Senator Stafford, 17 from the Committee on Finance, reports the 18 following nomination: 19 Member of the state Council on 20 the Arts, Linda E. Mondello, of Levittown. 21 ACTING PRESIDENT KUHL: The 22 question is on the nomination. All those in 23 favor signify by saying aye. 8933 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The nominee is confirmed. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 if we could just stand at ease for a moment. 8 ACTING PRESIDENT KUHL: The 9 Senate will stand at ease for a few moments. 10 (Whereupon, the Senate stood at 11 ease momentarily.) 12 SENATOR SKELOS: Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Skelos. 15 SENATOR SKELOS: Is there any 16 housekeeping? 17 ACTING PRESIDENT KUHL: We have a 18 couple of motions. We'll return to the order of 19 motions and resolutions. 20 The Chair recognizes Senator 21 Seward. 22 SENATOR SEWARD: Yes, Mr. 23 President. I wish to call up Senator 8934 1 DeFrancisco's bill, Print Number 6053-A, 2 recalled from the Assembly which is now at the 3 desk. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1551, by Senator DeFrancisco, Senate Print 8 6053-A, an act to amend the Public Health Law. 9 ACTING PRESIDENT KUHL: Senator 10 Seward. 11 SENATOR SEWARD: Mr. President, I 12 now move to reconsider the vote by which this 13 bill was passed. 14 ACTING PRESIDENT KUHL: The 15 Secretary will call the roll on reconsideration. 16 (The Secretary called the roll on 17 reconsideration.) 18 THE SECRETARY: Ayes 52. 19 ACTING PRESIDENT KUHL: Senator 20 Seward. 21 SENATOR SEWARD: Yes, Mr. 22 President. I now offer the following 23 amendments. 8935 1 ACTING PRESIDENT KUHL: The 2 amendments are received and adopted. 3 Senator Seward. 4 SENATOR SEWARD: Yes. On behalf 5 of Senator Cook, I wish to call up his bill, 6 Print Number 7206-A, recalled from the Assembly 7 which is now at the desk. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 1262, by Senator Cook, Senate Print 7206-A, an 12 act to create the Wallkill Public Library 13 District. 14 SENATOR SEWARD: Mr. President, I 15 now move to reconsider the vote by which this 16 bill was passed. 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 52. 22 SENATOR SEWARD: Mr. President, I 23 now offer the following amendments. 8936 1 ACTING PRESIDENT KUHL: The 2 amendments are received and adopted. 3 The Chair recognizes Senator 4 Bruno. 5 SENATOR BRUNO: Mr. President, 6 can we at this time take up Calendar Number 7 1680. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the title. 10 THE SECRETARY: Calendar Number 11 1680, by Senator Bruno, Senate Print 7884, an 12 act to amend the Environmental Conservation Law. 13 ACTING PRESIDENT KUHL: Senator 14 Bruno. 15 SENATOR BRUNO: Mr. President, is 16 there a message at the desk? 17 ACTING PRESIDENT KUHL: There is. 18 SENATOR BRUNO: I move that we 19 accept the message. 20 ACTING PRESIDENT KUHL: The 21 motion is to accept the message of necessity on 22 Calendar Number 1680. All those in favor 23 signify by saying aye. 8937 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The message is accepted. 5 The Chair recognizes Senator 6 Bruno. 7 SENATOR BRUNO: Mr. President, by 8 way of a word or two on this legislation, I 9 stand really to commend many of the people that 10 have been involved in helping us get to passage 11 of this truly landmark legislation, and there 12 were a lot of people involved. 13 The bottom line, the result will 14 be that good things will happen to people in 15 this state, women, children, families, many of 16 whom have suffered throughout the years with 17 breast cancer, the anguish, the pain, the 18 suffering that relates. It's one of the most 19 serious illnesses that can befall a woman or an 20 individual in this state. 21 What we're doing here today 22 really moves us forward in a bipartisan way to 23 find the causes of breast cancer in this state, 8938 1 create a registry for pesticides that are used 2 in this state, to isolate the information, make 3 it available in taking a medical, scientific 4 approach to research and hopefully leading to a 5 cure, a checkoff system that will allow people 6 to donate to the research in reaching a cure 7 towards breast cancer. 8 Things like this take the 9 cooperation of a lot of people, and I want to 10 just thank the Speaker for his leadership in 11 that house, our chair of the Conference 12 Committee, Senator Dean Skelos and the members, 13 Senator Marcellino, Senator Kuhl and Senator 14 Tully, Senator Tully who had the original 15 legislation on this issue and the members in the 16 Assembly that worked diligently to get us the 17 passage of this important legislation. 18 A special word of thanks to Geri 19 Barish who worked so hard with the One in Nine 20 group, that helped recognize how important this 21 issue was, and it's gone on. Her persistence, 22 her dedication, her commitment is something that 23 deserves the praise of all people involved in 8939 1 any issue that they want to see resolved. 2 Also the Farm Bureau who had to 3 take a step back through John Lincoln, their 4 president, Rick Zimmerman, their representative, 5 who worked with us in a cooperative way, worked 6 with everyone. 7 Senator Al D'Amato has been 8 working on this issue for the last seven or 9 eight years keeping it in the forefront, helping 10 pull the sides together and when we separated, 11 helping us get back together. 12 So I really -- staffwise, we have 13 Tim Collins here who had stayed with this many 14 nights, many weekends when we talked, and Tim 15 Collins was ably assisted by Pam Davis and by 16 Bob Kent, and while many of us were doing a lot 17 of other things, they were staying with this 18 issue, working with all the parties, making sure 19 that the detail was taken care of. 20 So I thank everyone that's been 21 involved in helping us all take a major, a giant 22 step forward in helping us determine the causes 23 of breast cancer and other cancers in this state 8940 1 and prayerfully and hopefully working us towards 2 a cure. 3 Thank you, Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Skelos. 6 SENATOR SKELOS: Mr. President, 7 on the bill. This accord demonstrates that the 8 reform process established by and recommended by 9 Senator Bruno last year really does work. 10 Open government with public 11 involvement from groups like One in Nine and so 12 many of the survivor groups that are there and 13 advocates, we thank you for your great work, the 14 Farm Bureau, really has proven that together we 15 can reach bipartisan accords in the state 16 Legislature. 17 We can now allow scientists to go 18 about finding a cure for breast cancer, a 19 disease which has devastated so many families 20 throughout the state of New York. 21 You know, many people spent many 22 hours to reach this accord, one that will 23 establish the most comprehensive investigation 8941 1 into breast cancer in the history of the state 2 of New York. 3 This final product will help 4 scientists seek out the cause and hopefully the 5 cure for this insidious disease. 6 ACTING PRESIDENT KUHL: Senator 7 Oppenheimer. 8 SENATOR OPPENHEIMER: Well, I - 9 I am very, very thrilled to see this bill before 10 us. 11 As most of you know, as a breast 12 cancer survivor, this is the bill that I was 13 hoping for. This is the bill that the farmers 14 have agreed to and I am so, so pleased that they 15 understand how much this means to not just women 16 but also to the husbands and the friends of the 17 women and the men themselves because this - 18 this is not just a breast cancer issue. This is 19 an issue of a variety of illnesses and birth 20 defects, and I am just -- just very, very 21 pleased that occasionally we all come together 22 and we do the right thing and each of us, all of 23 us are going to benefit from this bill. 8942 1 So I thank you, Senator Bruno, 2 and I thank the work that has been done to bring 3 the two sides together. 4 ACTING PRESIDENT KUHL: Senator 5 Waldon. 6 SENATOR WALDON: Thank you very 7 much, Mr. President. 8 It is times like this and bills 9 like this which cause people to say that perhaps 10 this was one of the finest hours of the New York 11 State Senate. So I applaud Senator Bruno and 12 Speaker Silver and all those persons who had 13 something to do with bringing this to fruition. 14 When I was a young police officer 15 working in Spanish Harlem, I received a call 16 from my mother's doctor asking for authorization 17 to use cobalt, and that was a hell of a day, and 18 so I applaud this work because this is good 19 work. This is a day that the sun shines on the 20 Senate and all of us can smile, understanding 21 that what we've done and what this means is 22 sustaining the life and making people - 23 allowing people to hold onto those they love for 8943 1 a little longer. 2 Thank you. 3 ACTING PRESIDENT KUHL: Senator 4 Marcellino. 5 SENATOR MARCELLINO: Thank you, 6 Mr. President. 7 Well, we've certainly come a long 8 way, as my colleagues have said. Everyone 9 involved deserves a great deal of credit: 10 Senator Bruno, for his leadership, Senator - 11 Assemblyman Silver, for his leadership in the 12 other house, my colleagues in the Senate, my 13 colleagues on the Conference Committee who 14 worked so hard, the diligent staff that worked 15 the many hours to put it together, the advocacy 16 groups, One in Nine, good friends, everyone who 17 gave of their time, their effort, to come 18 together, especially also not to forget the 19 members of the Farm Bureau, especially the 20 representatives on Long Island who came together 21 and gave of their time to put together a 22 compromise, a piece of legislation that will 23 work and can work and I consider to be the 8944 1 crowning piece of legislation that has come out 2 of this chamber this session. 3 I will proudly vote aye on this 4 bill. 5 ACTING PRESIDENT KUHL: Senator 6 Rath. 7 SENATOR RATH: Thank you, Mr. 8 President. 9 I rise to congratulate the 10 leadership in the Senate and in the Assembly and 11 to congratulate Senator Marcellino on a good job 12 well done and Senator Tully for early 13 leadership. 14 Last year when I went home from 15 session, there were three items that were on my 16 agenda. I won't tell you what the other two 17 are, but they haven't been completed this year. 18 This was one of the items that I said has to be 19 done next year. Hopefully a year from now I can 20 stand before you and tell you what the other two 21 are and they will have been completed, but I 22 don't think quite so soon. 23 To have imagined that this one 8945 1 would have come this well, this quickly is 2 almost beyond belief. It means that a lot of 3 people had a lot of commitment to move it. 4 When the bill was drawn up, the 5 question was asked, Is there a message of 6 necessity at the desk? I think the message is 7 clear to everyone in New York State. This bill 8 was a necessity. This bill is a necessity. 9 To Geri Barish and the advocates, 10 congratulations. You have set a very high 11 standard for advocates as they move forward to 12 realize how important their work is. It was 13 tough. There were dark days. You didn't give 14 up. You got the bill, and that can be a message 15 to people who are caught up in many areas of 16 advocacy with this and other legislatures. 17 And so congratulations goes all 18 around but congratulations to the people of the 19 state of New York, the men, women and children 20 who will live longer, happier lives and the old 21 saying really, really holds true on this one, 22 Here, an ounce of prevention is going to be 23 worth many, many pounds of cure. 8946 1 ACTING PRESIDENT KUHL: Senator 2 Tully. 3 SENATOR TULLY: Thank you, Mr. 4 President. 5 In the interest of brevity, I 6 would ask that the record reflect and 7 incorporate into my remarks the names of all of 8 those persons mentioned by Senator Bruno for 9 congratulations and for thanks for what they've 10 done to generate this particular piece of 11 legislation. 12 Without a doubt, it could not 13 have been before us today if it were not for the 14 singular efforts of our leader, Senator Bruno, 15 whose zeal and tireless efforts led to this 16 conclusion, and I know that all of those who are 17 survivors of this dreaded disease and all of our 18 wives and sisters and daughters in this state 19 will be forever grateful for this progressive 20 step in legislation that's most meaningful. 21 ACTING PRESIDENT KUHL: Senator 22 Leichter. 23 SENATOR LEICHTER: Mr. President, 8947 1 there are really two achievements that are 2 represented by this bill. One of them is that I 3 think in a very productive, a very effective and 4 a realistic way we have dealt with what I think 5 all of us wanted to do, which is to advance the 6 fight against breast cancer and other ailments 7 and to set up an effective database that would 8 enable important medical and scientific research 9 to proceed, but the second thing we've done is 10 that we've shown that even in the highly charged 11 political atmosphere of Albany, that problems 12 that seem intractable because of the partisan 13 nature can be resolved when people of good will 14 get together and when we put some of the 15 politics aside. 16 I had the honor of being 17 appointed by Senator Connor to the Conference 18 Committee, and I must say I found it a very 19 beneficial experience, and I want to thank all 20 of the members who served with me. 21 I particularly want to pay 22 tribute at this time to Senator Tully and 23 Assemblymember Englebright, not to say that 8948 1 there aren't others who have been part of this 2 fight, but for many years they really made it 3 their point to see that the Legislature 4 addressed this problem, and I think that really 5 ought to be recognized, but I just want to share 6 with you just some observations on the 7 Conference Committee. 8 I can't say in all honesty that 9 this Conference Committee worked the way one 10 envisions Conference Committees to work where a 11 real exchange of viewpoints and efforts and 12 solution among the members itself -- not to mean 13 that the members didn't work or that there 14 wasn't some effort at this -- at this 15 interchange. A lot of the work really was done 16 by the staff and somebody can say, Well, I mean, 17 is this any different than what you guys did 18 before, you know? The Majority leader's staff 19 and the Speaker's staff, they'd get together and 20 sometimes work out things, but I think that the 21 Conference Committee was really the forum and in 22 some ways the -- the initiative or the stimulus 23 to an agreement being reached, and I think that 8949 1 the agreement that was reached, as I said before 2 -- and I think it deserves to be repeated -- it 3 shows that people of good will can come out with 4 good, sound resolutions to problems that we all 5 recognize exist, and that I think the public 6 looks to us to show the maturity, to show the 7 leadership and the wisdom to try to resolve, and 8 I think we certainly did that in this particular 9 instance. 10 I'm very pleased that we have 11 this bill before us and maybe it harbors other 12 good things and other resolutions that may come 13 this session on other so-called intractable 14 problems. 15 ACTING PRESIDENT KUHL: Senator 16 Mendez, on the bill. 17 SENATOR MENDEZ: Mr. President, 18 indeed, today is a great day for all cancer 19 survivors in the state of New York and for the 20 future of many, many women who will undoubtedly 21 -- will be suffering from this disease that at 22 this point in time, the issue containing this 23 bill to what an extent, pesticides, are 8950 1 responsible for higher incidence of breast 2 cancer in certain areas of the state that will 3 be answered. 4 I really, with great gratitude in 5 my heart, congratulate the leadership of Senator 6 Bruno, Senator Tully that has been involved in 7 this area for awhile, and all these group of 8 individuals here, both in the Senate and in the 9 -- in the Assembly that made this very 10 comprehensive bill a reality, and one thing 11 about the bill that is very dear to my heart is 12 that the women and the people of the state of 13 New York will be able to benefit from the best 14 scientific minds after -- in researching this 15 issue and that a very truly ample database will 16 be furnished. 17 I'm also glad, Mr. President, 18 that the farmers do not have any liabilities as 19 it relates to their groundwater. 20 So it's a very comprehensive 21 bill. All the different interested parties were 22 able to come to an agreement for the benefit of 23 the women and the people of the state of New 8951 1 York, and we are all very thankful for that. 2 Thank you. 3 ACTING PRESIDENT KUHL: Senator 4 Dollinger. 5 SENATOR DOLLINGER: Thank you, 6 Mr. President. 7 I'll be brief. I know there are 8 lots of congratulations that should be passed 9 around. I'll just single out my colleague, 10 Senator Tully, for a long-term perseverance on 11 this particular issue. 12 I speak today as a representative 13 of one of the five counties that has the highest 14 rates of breast cancer, but I would just like to 15 share with you a personal observation. The 16 father of a 14-year-old girl that just graduated 17 from grammar school could never imagine that she 18 would ever have breast cancer but as her father, 19 I worried that some day it might happen. 20 What I take from all of this and 21 the accomplishments of many who deserve thanks 22 is that, because of what we do today, it will be 23 a little less likely ever to happen, and to all 8952 1 of you from her father, I thank you. 2 ACTING PRESIDENT KUHL: Senator 3 Alesi. 4 SENATOR ALESI: Thank you, Mr. 5 President. 6 As one who also represents Monroe 7 County which has a very high instance of this 8 terrible disease, I rise in complete support of 9 this measure. 10 It's particularly important to me 11 in the last couple of months since in that short 12 period of time, an immediate member of my family 13 has been stricken by this terrible disease and 14 someone else who's very close to me, and as a 15 man, perhaps I cannot understand the full impact 16 of breast cancer, but as someone who is so close 17 to two people who are stricken with breast 18 cancer, I can do no more but join with my 19 colleagues here in the hopes that this 20 legislation, which is the product of tremendous 21 insight and cooperation by our Leader here, the 22 leader in the other house, by our colleagues, 23 that this legislation will some time some day 8953 1 provide us with the information that certainly 2 will not bring about a cure for the two people 3 that are so close to me but perhaps some day, 4 provide us with some kind of preventative method 5 that will give hope to those people who might 6 otherwise be stricken. 7 On that basis in offering those 8 comments, I thank everyone involved in putting 9 this compromise piece of legislation together, 10 and I fully support the legislation. 11 ACTING PRESIDENT KUHL: Senator 12 Hoffmann. 13 SENATOR HOFFMANN: Thank you, Mr. 14 President. 15 I'm pleased also to add my 16 support and congratulations to those who were 17 involved in the negotiation of this very arduous 18 piece of legislation. There have been fewer 19 issues that have raised more emotional concern 20 around this Capitol over the last two years than 21 the pesticide notification bill. 22 But my perspective may be 23 somewhat different from a few of my colleagues 8954 1 in this chamber today because I cannot help but 2 feel a twinge of sadness that it took us this 3 long and it took the unique Conference Committee 4 operation which has only recently been in place 5 in this Legislature to devise what is an 6 eminently common sense solution to a problem 7 that brought several very divergent groups 8 together with a mutual concern. 9 I am the ranking Minority member 10 on the Senate Agricultural Committee. I'm also 11 one of only two working farmers in the New York 12 State Senate. So perhaps I'm a little bit more 13 sensitive to the issue that is raised by farmers 14 on this concern. 15 I'm also, quite obviously, a 16 woman who is at risk as is every other woman in 17 this state to a disease that we all hope we can 18 get a handle on, whether it's through 19 documenting pesticide use or through other 20 medical research or a combination of all of the 21 above, and I'm in a unique high risk category. 22 I've lost a mother and a sister and a 23 mother-in-law to breast cancer. 8955 1 So I feel very, very strongly 2 about the need for us to do anything in our 3 power to track any conceivable substance that 4 could be a contributing factor to breast cancer 5 or any other form of cancer. 6 However, throughout the debate on 7 this issue around this Capitol, I have been 8 saddened to see the lack of understanding by so 9 many people in the Legislature and so many of 10 the environmental and -- environmental groups 11 and the breast cancer organizations themselves 12 about the actual imposition of record keeping 13 problems, record keeping responsibilities on 14 farmers and how this was an onerous burden 15 wholly out of place for that industry and one 16 which would have very limited benefit to the 17 general public because clearly there are better 18 ways that the information could be tracked than 19 by forcing farmers into yet another onerous 20 burden that is not inflicted on any other 21 industry and very, very important to remember, a 22 burden inflicted only on farmers in New York 23 State, and I must remind my colleagues again 8956 1 that agriculture is our number one industry in 2 this state, and when we are addressing an issue 3 that will create a business burden on our number 4 one industry of this state, we must be sensitive 5 to the issues raised by that industry. 6 Farmers never opposed a pesticide 7 notification concept. They merely opposed being 8 selectively targeted for record keeping not 9 demanded of any other industry in New York State 10 and not demanded of farmers on a national level, 11 and what is wrong with that position? 12 Today we have before us a 13 proposal that recognizes the concerns of 14 farmers. 15 Let me read briefly, because it 16 is very brief, the statement by Farm Bureau, and 17 I thank the representatives of the Farm Bureau, 18 Mr. Zimmerman and Mr. Hooker, who are with us 19 today for condensing into the shortest possible 20 language, a very valid sentiment that we should 21 remember, not only today but in the future, and 22 it says: "Farm Bureau trusts that this 23 legislation will provide the public with the 8957 1 same confidence we have, that the judicious use 2 of agricultural crop protectants are not a 3 threat to human health. We believe that this 4 legislation addresses the practical concerns 5 raised by the agricultural industry." 6 The practical concerns raised by 7 the agricultural industry should be a matter of 8 paramount concern to this Senate, to the 9 Assembly and to the administration of the state 10 of New York. I hope that in the future when an 11 issue which divides environmentalists and 12 agriculturalists occurs, that we will have a 13 more sympathetic approach where the issues of 14 farmers are raised, not the arrogance, not the 15 dismissive attitude that has been all too 16 prevalent in discussing the issue of pesticide 17 notification. 18 So let us take this as an 19 important lesson and make sure that in the 20 future we do not come to loggerheads, we do not 21 experience the name calling and the distortions 22 that we experienced on pesticide notification 23 and we do not take years to come up with a 8958 1 common sense solution which should have been 2 available to us virtually months or years ago. 3 ACTING PRESIDENT KUHL: Senator 4 Johnson. 5 SENATOR JOHNSON: Mr. President, 6 this issue has been growing. The breast cancer 7 issue has been growing in magnitude year by 8 year. 9 In my district, I've worked very 10 closely with some people who formed their own 11 coalitions in West Islip and in town of Babylon 12 in the county of Suffolk. I'd like to mention 13 some of their names because they helped to put a 14 lot of pressure behind this bill: Lorraine 15 Pace, Virginia Regnante, Joan Hudson, Suffolk 16 County Division of Women's Service and Diane 17 Nannery, the young lady whose picture was in the 18 paper recently that got a breast cancer stamp 19 issued by the post office, been very active in 20 my area. 21 I took a personal interest in 22 several aspects of this myself which I'm pleased 23 to see are incorporated here. The tax checkoff 8959 1 for donation which would help to provide funding 2 for the programs we want to do and, of course, 3 which I believe is Senator Bruno's biggest 4 contribution, the Health Science -- Research 5 Science Board which essentially says, Let's get 6 the information together but let's use that 7 information for some purpose. 8 And, of course, I can't say 9 enough about Senator Tully who brought the 10 concept first to the floor in the form of 11 legislation, Senator Skelos, all the other 12 legislators mentioned on this bill whose names 13 are on here and even those whose names are not 14 here and the other party certainly deserves a 15 lot of credit for working together cooperatively 16 to bring about this which I feel is a great 17 advance in breast cancer research that will 18 inure to the benefit of our families and our 19 friends hopefully in the future, and I'm very 20 proud to say that Senator Bruno put extra effort 21 into this knowing how important it was, and I 22 think it was his -- his pushing and his cajoling 23 and his encouraging that got all the parties to 8960 1 really work together cooperatively,. It's a 2 wonderful bill and I encourage everyone, of 3 course, to support it. 4 ACTING PRESIDENT KUHL: Is there 5 any other Senator wishing to speak on the bill? 6 (There was no response.) 7 Hearing none, the Secretary will 8 read the last section. 9 THE SECRETARY: Section 8. This 10 act shall take effect in 90 days. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 54. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 SENATOR LIBOUS: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Libous, why do you rise? 20 SENATOR LIBOUS: Some 21 housekeeping. 22 ACTING PRESIDENT KUHL: We'll 23 return to the order of motions and resolutions. 8961 1 The Chair recognizes Senator 2 Libous. 3 SENATOR LIBOUS: Thank you, Mr. 4 President. 5 On behalf of Senator Kuhl, I wish 6 to call up his bill, Print Number 7294, recalled 7 from the Assembly which is now at the desk. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read. 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: Senator 14 Libous. 15 SENATOR LIBOUS: Mr. President, I 16 now move to reconsider the vote by which this 17 bill was passed. 18 ACTING PRESIDENT KUHL: The 19 Secretary will call the roll on reconsideration. 20 (The Secretary called the roll on 21 reconsideration.) 22 THE SECRETARY: Ayes 54. 23 ACTING PRESIDENT KUHL: Senator 8962 1 Libous. 2 SENATOR LIBOUS: Mr. President, I 3 offer up the following amendments. 4 ACTING PRESIDENT KUHL: The 5 amendments are received and adopted. 6 Senator Mendez, why do you rise? 7 SENATOR MENDEZ: Mr. President, I 8 want to announce that there will be a Minority 9 Conference in Room 314. It's a closed 10 conference, a closed Minority Conference, Room 11 314, right after session. 12 ACTING PRESIDENT KUHL: 13 Immediately following session, there will be a 14 Minority Conference in Room 314, a closed 15 Minority Conference in Room 314, immediately 16 following session. 17 SENATOR BRUNO: Mr. President, is 18 there any other housekeeping at the desk? 19 ACTING PRESIDENT KUHL: There is 20 none, sir. 21 SENATOR BRUNO: Then, Mr. 22 President, there being no further business to 23 come before the Senate, I would move that we 8963 1 stand adjourned until this coming Sunday at 7:00 2 p.m., intervening days to be legislative days, 3 and the 7:00 p.m. call being subject to the call 4 of the Majority Leader if there is business to 5 be done by the Senate before Sunday at 7:00 p.m. 6 Thank you, Mr. President. 7 ACTING PRESIDENT KUHL: Without 8 objection, the Senate will stand adjourned until 9 this following Sunday at 7:00 p.m. However, 10 you'll be subject to the call of the Majority 11 Leader between now and then, all intervening 12 days to be legislative days. 13 (Whereupon, at 2:37 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23