Monday, March 17, 1997

1608 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 17, 1997 10 3:07 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 1609 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, the staff to find their 5 places. I'd ask everybody in the chamber to 6 rise with me and join me in saying the Pledge of 7 Allegiance to the Flag and please remain 8 standing for the invocation. 9 (The assemblage repeated the 10 Pledge of Allegiance to the Flag.) 11 We're very pleased today to have 12 the Reverend Peter G. Young of the Blessed 13 Sacrament Church of Bolton Landing for the 14 invocation. 15 Father Young. 16 REVEREND PETER G. YOUNG: Thank 17 you, Senator. 18 Let us pray. Father of the poor, 19 God of love, You made all of Your people of New 20 York State to praise You and to thank You. Fill 21 us with the sense of justice. Help us in Your 22 work to take the side of the lonely, to defend 23 the newcomer, to welcome the stranger. Help us 24 to befriend the friendless, to protect the weak 25 and work for the rights of all. On our journey 1610 1 home, God, bring us together in peace, in 2 justice and in love. Amen. 3 ACTING PRESIDENT KUHL: The 4 reading of the Journal. 5 THE SECRETARY: In Senate, 6 Friday, March 14th. The Senate met pursuant to 7 adjournment. The Journal of Thursday, March 8 13th, was read and approved. On motion, the 9 Senate adjourned. 10 ACTING PRESIDENT KUHL: Hearing 11 no objection, the Journal stands approved as 12 read. 13 Presentation of petitions. 14 Messages from the Assembly. 15 Messages from the Governor. 16 Reports of standing committees. 17 The Secretary will read. 18 THE SECRETARY: Senator Trunzo, 19 from the Committee on Civil Service and 20 Pensions, offers up the following bills: 21 Senate Print 807, by Senator 22 Velella, an act to amend the Civil Service Law, 23 in relation to provisional appointments; 24 1712, by Senator Spano, an act to 25 amend the Civil Service Law, in relation to 1611 1 participation in proceedings; 2 1879, by Senator Spano, an act to 3 amend the Retirement and Social Security Law; 4 1947, by Senator Trunzo, an act 5 to amend the Civil Service Law, in relation to 6 longevity and title for investigative employees; 7 3109, by Senator Trunzo, an act 8 to amend the Civil Service Law, in relation to 9 designation as detective in certain instances. 10 Senator Velella, from the 11 Committee on Insurance, offers up the following 12 bills: 13 Senate Print 453-A, by Senator 14 Holland, an act to amend the Insurance Law, in 15 relation to the timely reimbursement of certain 16 health care providers; 17 2024, by Senator Velella, an act 18 to amend the Insurance Law, in relation to the 19 amount of uninsured; 20 2550, by Senator Johnson, an act 21 to amend the Insurance Law and the Vehicle and 22 Traffic Law; 23 2684-A, by Senator Johnson, an 24 act to amend the Insurance Law, in relation to 25 authorizing civil penalties; 1612 1 3102 by Senator Velella, an act 2 to amend the Insurance Law, in relation to the 3 retention of group life insurance; 4 3242, by Senator Velella, an act 5 to amend the Insurance Law, in relation to 6 making permanent the ability of insurers. 7 All bills directly for third 8 reading. 9 ACTING PRESIDENT KUHL: Without 10 objection, all bills are ordered directly to 11 third reading. 12 Reports of select committees. 13 Communications and reports from 14 state officers. 15 Motions and resolutions. 16 Senator Marcellino. 17 SENATOR MARCELLINO: Mr. 18 President, on page number 10, I offer the 19 following amendments to Calendar Number 257, 20 Senate Print Number 2581, and ask that said bill 21 retain its place on the Third Reading Calendar. 22 ACTING PRESIDENT KUHL: The 23 amendments to Calendar Number 257 are received 24 and adopted. The bill will retain its place on 25 the Third Reading Calendar. 1613 1 Senator Marcellino. 2 SENATOR MARCELLINO: Mr. 3 President, on behalf of Senator Volker, on page 4 number 4, I offer the following amendments to 5 Calendar Number 12, Senate Print Number 270-A, 6 and ask that said bill retain its place on the 7 Third Reading Calendar. 8 ACTING PRESIDENT KUHL: The 9 amendments to Calendar Number 12 are received 10 and adopted. The bill will retain its place on 11 the Third Reading Calendar. 12 Senator Marcellino. 13 SENATOR MARCELLINO: Mr. 14 President, on behalf of Senator Maltese, I move 15 the following bill be discharged from the 16 respective committee and be recommitted with 17 instructions to strike the enacting clause, and 18 the bill being number 155. 19 ACTING PRESIDENT KUHL: So 20 ordered. 21 Senator Bruno, we do have a 22 couple of privileged resolutions at the desk. 23 If you would like to take those up at this time, 24 we could. 25 SENATOR BRUNO: Please do at this 1614 1 time, Mr. President. Thank you. 2 ACTING PRESIDENT KUHL: The 3 privileged resolution by Senator Levy, the title 4 will be read. 5 THE SECRETARY: By Senator Levy, 6 Legislative Resolution memorializing Governor 7 George E. Pataki, Governor of the state of New 8 York, to proclaim March 18th, 1997 as PTA Day in 9 the state of New York. 10 ACTING PRESIDENT KUHL: The 11 question is on the resolution. All those in 12 favor of the resolution signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The resolution is adopted. 17 The Secretary will read the 18 resolution by Senator Marchi in its entirety. 19 THE SECRETARY: By Senator 20 Marchi, Legislative Resolution commemorating the 21 anniversary celebration of the 95th birthday of 22 the revered Lubavitcher Rebbe, Rabbi Menachem M. 23 Schneerson, upon the occasion of a memorial 24 reception to be held in the New York State 25 Assembly Parlor on March 19th, 1997; 1615 1 WHEREAS, the character and 2 richness of life have been richly nourished 3 through the purposeful light and devoted 4 ministry of Lubavitcher Rebbe, Rabbi Menachem M. 5 Schneerson. 6 World Jewry will pay tribute to 7 the memory of its immortal leader, Rabbi 8 Menachem M. Schneerson, the Lubavitcher Rebbe, 9 upon the occasion of the anniversary of his 95th 10 birthday. 11 The Lubavitcher Rebbe, over his 12 44 years of dedicated leadership, established 13 over 1500 Lubavitcher centers, helping people of 14 all walks of life throughout the world, from 15 Australia to Africa, from Holland to Argentina 16 and from Moscow to Jerusalem. 17 Rabbi Schneerson's educational 18 activities throughout the globe have enriched 19 and strengthened the religious, educational, 20 cultural, moral and ethical fibers of all 21 citizens of the world. 22 The Rebbe proclaimed that the 23 time of redemption has arrived and Moshiach is 24 on his way. The Rebbe called upon all citizens 25 of the world to prepare for the great redemption 1616 1 with a personal commitment to increased charity 2 and good deeds. 3 This assembled body is honored to 4 join and extend tribute to the remembrance of 5 the leading rabbi of this generation at a 6 memorial reception to be held in the Assembly 7 Parlor on Wednesday, March 19th, 1997. 8 In fitting tribute to this 9 visionary leader and learned gentleman, the 10 Assembly of the state of New York proclaims 11 April 18th, 1997 corresponding to 11 Nissan, 12 5757, the Rebbe's 95th birthday, to July 23rd, 13 1997, corresponding to 18 Tammuz, 5757, as New 14 York State's 95 days of education in tribute to 15 his educational endeavors on behalf of all 16 mankind. 17 Throughout his personal journey 18 of life, Rabbi Schneerson compiled with dignity 19 and grace decades of continued years filled with 20 philanthropic causes, humanitarian effort and 21 astute Judaic leadership justly earning the 22 devotion of his followers and the admiration and 23 respect of his fellow man; now, therefore, be it 24 RESOLVED, that this legislative 25 body commemorate the observance of the anniver 1617 1 sary of the 95th birthday of the Rebbe, Rabbi 2 Menachem M. Schneerson, upon the occasion of the 3 memorial reception to be held in the New York 4 State Assembly Parlor on March 19th, 1997; and 5 be it further 6 RESOLVED, that this legislative 7 body proclaim April 18th, 1997 to July 23rd, 8 1997 as New York State 95 days of education in 9 tribute to the educational endeavor of the 10 beloved Rebbe; and be it further 11 RESOLVED, that a copy of this 12 resolution, suitably engrossed, be transmitted 13 to Rabbi Shmuel M. Butman, Director, Lubavitch 14 Youth Organization. 15 ACTING PRESIDENT KUHL: The Chair 16 recognizes Senator Marchi, on the resolution. 17 SENATOR MARCHI: Mr. President, 18 in all my years here, I don't think I've 19 experienced -- have experienced a greater uplift 20 and inspiration than that which is imparted by 21 this observance. It takes place on an annual 22 basis and it's a tradition that goes way back 23 beyond Maimonides, who reduced all law into the 24 Torah and it's a tradition which is responsible 25 for over 1500 schools throughout the world. 1618 1 Their message is love. Their 2 message is hope. Their message is charitable 3 impulses to mankind. They embody certainly the 4 finest and most refined sentiments that are 5 available to mankind because of their great 6 faith which they exemplify in their conduct and 7 in their -- in their teachings throughout the 8 world. 9 The Aristotelians in scholastics, 10 by design and by education, they can look to 11 Mortimer Adler who is probably the greatest 12 scholastic scholar that we have in the Western 13 Hemisphere indigenous to our own group and this 14 is something that we -- there's a tremendous 15 debt that we have to these people. There are 16 only hundreds of thousands of them. They don't 17 number in the tens of millions, but the work 18 they do has that same force and effect that 19 maybe only millions can produce only the most 20 inspired circumstances. 21 So we have those of us who have 22 been here and all of you -- and that goes for me 23 too -- have witnessed and have been present at 24 these observances and it's been a marvelous 25 experience each and every time. 1619 1 There's going to be a further 2 ceremony, I believe, in the Assembly where 3 jointly there will be a more fitting fulfillment 4 of the expression of this Legislature to this 5 fine movement, and Rabbi Butman is carrying on. 6 I knew Rabbi Menachem Schneerson personally, had 7 the pleasure of exchanging on a one-to-one basis 8 many hours of discussion, and I can assure you 9 that anyone who went through that experience can 10 attest to its efficacy and to its inspirational 11 value. 12 So, Mr. President, I know that 13 everyone will join me, those who perhaps would 14 like to be members of this resolution, if we 15 might suggest that, if it's appropriate, Mr. - 16 that anyone -- you can all be registered unless 17 you indicate, in some way, that - 18 SENATOR BRUNO: Mr. President, 19 can we put everyone on the resolution. 20 ACTING PRESIDENT KUHL: The Chair 21 will direct the Secretary to put every member's 22 name on the resolution as co-sponsor except 23 those individuals who indicate to the Secretary 24 that they don't wish to be on the resolution. 25 SENATOR MARCHI: Thank you very 1620 1 much, Mr. President. 2 ACTING PRESIDENT KUHL: Thank 3 you, Senator Marchi. 4 Senator Paterson, why do you 5 rise? 6 SENATOR PATERSON: Mr. President, 7 I am so pleased that Senator Marchi brings this 8 resolution before us commemorating the 9 observance of the birthday of Rebbe Menachem M. 10 Schneerson, the anniversary of the observance of 11 his birthday and the teachings, as Senator 12 Marchi pointed out, that how few times in 13 history have so few young members done so much 14 for so many. 15 It is startling to know that 16 there are not that many members but yet there 17 are teachings and the charitable work that 18 they've done around the world is known 19 throughout all of the hemispheres, and we would 20 all -- speaking for myself and for the members 21 of the Minority -- would like to go on the 22 resolution and extend our best wishes to Rabbi 23 Butman and Rabbi Hecht and all of the members of 24 the Lubavitcher. 25 ACTING PRESIDENT KUHL: The 1621 1 question -- Senator Lachman. 2 SENATOR LACHMAN: I would like to 3 add my voice to that of Senator Marchi who is 4 chief sponsor and Senator Paterson and perhaps 5 with an additional dimension, since I've seen 6 the activities of the Lubavitcher movement on 7 university campuses throughout the United States 8 and can vouch for their desire to reach all 9 young people with their message, the diversity 10 of the movement which rests upon the inspiration 11 of the late Rebbe, a blessed memory. So I would 12 like to be considered part of this resolution as 13 well. 14 Thank you. 15 ACTING PRESIDENT KUHL: Is there 16 any other Senator wishing to speak on the 17 resolution? 18 (There was no response.) 19 Hearing none, the question is on 20 the resolution. All those in favor signify by 21 saying aye. 22 (Response of "Aye".) 23 Opposed, nay. 24 (There was no response.) 25 The resolution is adopted. 1622 1 We'll return to the order of 2 standing committees. 3 I'll ask the Secretary to read 4 the report of the Judiciary Committee. 5 THE SECRETARY: Senator Lack, 6 from the Committee on Judiciary, offers up the 7 following nomination: 8 As a judge for the New York State 9 Court of Claims, Francis T. Collins, of Saratoga 10 Springs. 11 ACTING PRESIDENT KUHL: The Chair 12 recognizes Senator Lack. 13 SENATOR LACK: Thank you, Mr. 14 President. 15 I would like to immediately yield 16 for purposes of seconding the nomination to the 17 Majority Leader of the state Senate, the 18 Honorable Joseph Bruno. 19 ACTING PRESIDENT KUHL: Senator 20 Bruno. 21 SENATOR BRUNO: Thank you very 22 much, Senator Lack. 23 Mr. President, I rise in support 24 of this resolution, the nomination that is 25 before us. I want to welcome the family of Tim 1623 1 Collins here to the chamber, his wife Michele, 2 his daughters, twins, Michele and Brennagh, his 3 mom and dad, Frank and Eileen, who were 4 neighbors in Glens Falls and his brothers and 5 sisters, his friends, staff that have worked 6 with Tim Collins over the years and, Mr. 7 President, this is a moment that is a very, very 8 happy and pleasant moment and a great occasion 9 in the life of any individual and yet, at the 10 same time, it is a moment of movement and when 11 there's change, it brings with it sometimes some 12 of the memories that are somewhat difficult in 13 terms of recognizing that a movement is taking 14 place and a change is taking place. 15 Tim Collins has served as my 16 executive counsel as Majority Leader since I 17 have been Majority Leader. Previous to that, 18 Tim was my chief counsel for most of the years 19 that he was with me and when Tim first applied 20 for the job of counsel, I didn't need a counsel 21 and Tim sent a resume, basically said he was 22 from Glens Falls. I was from Glens Falls and 23 would I take a look. I looked. I was impressed 24 but I said, "Tim, I don't need a counsel right 25 now." 1624 1 As I recall, he was working with 2 Senator "Chippy" Flynn and "Chippy" was leaving 3 the Senate. Tim reaches me a week later and we 4 went through the same routine. Do you -- can I 5 talk to you? We talked and, as I recall, this 6 went on three or four times and Tim finally said 7 to me, "Senator, I know that I can do the job 8 for you that you need done. I know that I can 9 help you. I will become your counsel with no 10 pay, if you will put me on until I can prove to 11 you that I am worth being on your payroll and 12 that I can make a contribution to you." Well, I 13 couldn't resist that offer but I put Tim on as 14 counsel and as an assistant counsel but not 15 without pay. We started Tim at what was the 16 entry level salary. That was about ten years 17 ago, and I can tell you that anyone that works 18 anywhere as a counsel, or otherwise, could take 19 a lesson from Tim Collins in the way he handled 20 himself and handles himself. 21 When I talk about being 22 conscientious, that's an understatement. Tim 23 would call me 10:00 o'clock on a Sunday night, 24 middle of an afternoon on a Saturday, during the 25 summer when many people were out doing other 1625 1 things. He would be on the phone or he would be 2 FAXing me information because he was working 3 always, Mr. President, with the intent of 4 preparing me for whatever might be coming up or 5 before me or something that was going to happen 6 or had happened with a report. 7 I have had a number of counsels, 8 excellent counsels, and I still do, but I am 9 going to miss Tim probably more than anyone else 10 because he, more than anyone else, has made me 11 look good. For that, I thank him. 12 The rest of the people, Tim, that 13 you leave behind are going to have one heck of a 14 challenge to follow in your footsteps and to 15 keep doing the kinds of things that you have 16 been a model for, and I think Tim can be a model 17 to anyone because he does it right. As I've 18 said, he's very objective. He doesn't have his 19 own agenda. He gives you the pros. He gives 20 you the cons and if I ask, he gives a 21 recommendation and more times than right when 22 all the facts are in, more times than not he 23 would be right and for that I thank you for all 24 the years and all the time and all the energy 25 and in my move to the Majority, Tim has been 1626 1 responsible for moving legislation and doing all 2 the things that the members here and staffs are 3 aware of and he does it in a way that is very 4 becoming. 5 So we're going to miss him. I'm 6 going to miss him but at the same time, I'm 7 very, very pleased that Tim will go on in great 8 public service within a large constituency doing 9 the kinds of things that I know he will do 10 extremely well in representing courts, the 11 jurisdiction in Court of Claims and he will be a 12 credit and continue to be the credit to himself 13 and to his family and to his colleagues and to 14 anyone where he is exposed and has jurisdiction 15 because when he does anything, he does it 16 right. 17 So I am totally confident that he 18 will go forward in his new position and bring 19 just great credit on this house and on himself 20 and on his family. The very, very best to Tim 21 and to Michele. 22 Thank you, Mr. President. 23 ACTING PRESIDENT KUHL: Senator 24 Lack. 25 SENATOR LACK: Thank you, Mr. 1627 1 President, and formally, for the record, the 2 Governor has sent the nomination of Francis T. 3 Collins of Saratoga Springs to the Senate. The 4 Judiciary Committee staff of the Senate has 5 examined the qualifications of the candidate. 6 He appeared before a hearing of the Senate 7 Judiciary Committee earlier today and was 8 unanimously -- his name, Francis T. Collins, was 9 unanimously sent to the floor of the Senate for 10 consideration this afternoon. 11 I would just like to follow the 12 Majority Leader in echoing his sentiments. For 13 those of you who are not members here, are not 14 part of the process, the job of executive 15 counsel to the Senate Majority leader is 16 probably the most stressful job that exists for 17 a staff person in the Senate, particularly at 18 end of session when bills are coming, oh, 19 probably over the door, under the door and, in 20 some cases, through the door, literally by the 21 hundreds when you're trying to figure out what's 22 going on with the Assembly and what's going on 23 in the second floor and obviously there has to 24 be an end to the process, everything then comes 25 over the counsel's desk and then he, of course, 1628 1 has to get the advice of the Senate Majority 2 Leader, of the Conference, and follow the wishes 3 on bringing the process to some kind of an end. 4 Usually that makes for a very 5 stressful counsel who would snap or "I can't 6 answer this" or "I don't know" and particularly 7 if something isn't going to be under 8 consideration and he knows that but it's the 9 Majority Leader to tell you, doesn't want to 10 waste much time in it and then, quite frankly, 11 there's been more than one confrontation over 12 the years between the person who's held that job 13 and the member who's making the request. That 14 has never, however, in my experience, included 15 Tim Collins, who probably has the best demeanor 16 of anyone I've ever met in my life to become a 17 member of the judiciary of this state. 18 I have never, under even the most 19 extraordinary circumstances of late at night 20 with bills flying all over the place, ever heard 21 Tim Collins say a mad word, use a curse word or 22 do anything in anybody's presence except to 23 answer the question to the best of his knowledge 24 and probably the first person I've ever heard in 25 that position who has ever said at least to me 1629 1 saying, "I don't know." "What do you think?" 2 "I'm sorry. I'm not really up on that. Can 3 you give me everything you know and I'll get an 4 answer for you", rather than just trying to make 5 a snap opinion or pretending that he's up on the 6 subject even though he hasn't looked at it for a 7 week and, Timmy, I got to tell you that I admire 8 that more than any other quality I've seen in 9 you and it's the ability to say, "Hey, bring me 10 up to speed and I'll find out and let you know" 11 and then he always calls back or he always hunts 12 and finds you and let's you know. 13 You're going to do wonderfully on 14 the bench. I've got to tell you -- and I guess 15 a couple people might get mad at me -- I'm a 16 little sorry that the Governor gave you best 17 Court of Claims judge, which is an A judge. 18 You're going to do wonderful in that court. I, 19 quite frankly, would like to see you really in 20 some very heavy criminal cases, doing what I 21 think you can do best as a judge, and that's 22 just my personal feelings. I'm very happy for 23 the judgeship that you got. You're going to do 24 wonderful in it. Chris Mega is here and 25 certainly knows that and is planning on that but 1630 1 I, quite frankly, think that at your age and at 2 this time having picked on a career now to go 3 into judiciary, that you can explore and go to 4 any heights possible within the judiciary, and I 5 know full well that years from now you're going 6 to do just that but watching you here for the 7 last few years and knowing how much time that 8 it's taken, you've made the decision that's 9 right for you and your family. I congratulate 10 you on that, and I hope that occasionally you'll 11 still walk back over and say hello and see how 12 we're all doing in a much more restful state 13 than you have been here from time to time. 14 I just want to personally stand 15 and offer my congratulations to you and 16 certainly look forward to working with you as a 17 member of the legislative committee of the 18 judiciary, which I just assume the chief 19 administrative judge is going to appoint you to. 20 ACTING PRESIDENT KUHL: The Chair 21 recognizes Senator Skelos on the nomination. 22 SENATOR SKELOS: Thank you, Mr. 23 President. 24 Senator Bruno mentioned earlier 25 about how when Tim first approached him about 1631 1 working for him, that he offered to work for 2 nothing. Dave Dudley and Ken Riddett are 3 wondering when they're going to start getting 4 paid, but I am delighted to stand and support 5 your nomination, Tim. 6 You know, what a difference a 7 counsel makes, and I want to congratulate, 8 number one, our Majority Leader, Joe Bruno, for 9 selecting you as his principal counsel because I 10 believe you helped our Majority Leader make this 11 institution once again a member-driven 12 institution. You've always treated me with the 13 utmost respect in my capacity as the deputy in 14 working for our Leader, and I know you've 15 treated every single member in our Conference 16 and also in the Minority, even if there was 17 disagreement, with respect and that's all that 18 we can ask for as members. 19 It's time for you to move on. I 20 know you're excited about your new challenge, 21 but let me just say that we will miss you in the 22 Senate. I will personally miss you, and I thank 23 you for being part of the process that once 24 again has made this Senate what it is today. 25 God bless you. 1632 1 ACTING PRESIDENT KUHL: Senator 2 Saland, on the nomination. 3 SENATOR SALAND: Thank you, Mr. 4 President. 5 I didn't have the opportunity to 6 congratulate Tim privately. I would like to 7 congratulate you publicly. I've certainly spent 8 some time in your office with one issue or 9 another and have always found you to be not only 10 incisive but have found you to be very 11 judicious, very judicious in the way in which 12 you analyzed issues, very tolerant of those such 13 as myself who sometimes had to be perhaps 14 explained issues which you were more familiar 15 with than I was. 16 I think that you're quite 17 obviously a credit to this institution. You're 18 obviously even more so a credit to your family. 19 You have been a credit to your profession, and I 20 think the bench and the people of the state of 21 New York will be especially well served by your 22 demeanor, by your background and certainly, I 23 think, by that very unique judicious nature that 24 seems a very part of your character. We will 25 all be very well served. 1633 1 Bless you and bless your family. 2 ACTING PRESIDENT KUHL: Senator 3 Paterson, on the nomination. 4 SENATOR PATERSON: Thank you, Mr. 5 President. 6 I didn't know Tim when he was the 7 counsel to the Insurance Committee. I only met 8 him two years ago. I met he and David Catalfamo 9 from the Governor's office and in the two years 10 that I have worked with Tim, have always found 11 him, in spite of what Senator Lack may have 12 appropriately described as some pretty tense 13 times around here, always keeping a level head 14 and always managing to be available and to 15 answer questions and actually seeming quite 16 restful and quite calm through all the tumult 17 that can come particularly at the end of 18 sessions or at the end of negotiating periods 19 and Michael Boxley, our counsel, who, in spite 20 of the fact that he is paid, believes that he is 21 not paid at all, finds that he wanted to make 22 sure that Tim was aware that we always felt that 23 we were treated with understanding and with a 24 great deal of dignity by him as the Majority's 25 counsel and we certainly wish him the greatest 1634 1 success on the Court of Claims or in any 2 endeavor that he would choose because there 3 isn't any place that he would go that we don't 4 think that he would perform quite well. 5 Thank you. 6 ACTING PRESIDENT KUHL: Senator 7 Johnson, on the nomination. 8 SENATOR JOHNSON: Yes, Mr. 9 President. I would certainly like to stand up 10 and congratulate Tim Collins on his 11 appointment. I know Michele and the family 12 would be happy to see him a bit more frequently 13 than he was seen while he was working around the 14 clock for the Senate, but I really have to say 15 that the success of Senator Bruno as Leader and 16 this body in the past several years have been 17 due in no small part to the action of Tim 18 Collins. He was always ready to speak to 19 anyone. No snap judgments, thoughtful 20 consideration, responses and, yes, it's true, 21 always a gentleman, always polite and you always 22 felt you were treated honestly and fairly by Tim 23 Collins. Certainly we're going to miss him very 24 much, but I think the court is well served by 25 having a person of his caliber on the bench. 1635 1 Thank you. 2 ACTING PRESIDENT KUHL: Senator 3 Volker, on the nomination. 4 SENATOR VOLKER: Mr. President, 5 very quickly, let me just say that anybody that 6 can do a publication on the availability of 7 promissory estoppel to defeat the statute of 8 frauds has got to be one bright fellow. That 9 was a publication that's listed in his 10 biography, by the way. 11 Let me just say to you, Tim - 12 and I think it's kind of appropriate obviously 13 on St. Patrick's Day that you be confirmed as a 14 judge. As I said during the committee 15 consideration, you're one of the people who, as 16 has been stated here, in the middle of the night 17 when everyone is screaming and yelling, just 18 kind of sit there and make everybody frustrated 19 by the fact that you just tell it like it is and 20 make people understand that you know exactly 21 where you are and where the Majority Leader is. 22 You are one of the brightest 23 people I've ever met. I have no doubt that 24 you're going to make a super judge. For us 25 here, it is kind of bittersweet, obviously, and 1636 1 I know Joe feels that and a lot of my colleagues 2 feel the same way because you have been a good 3 friend to us, as well as being a great counsel 4 and we'll all miss you, but we wish you the very 5 best for you and your family and you can be sure 6 that you go on to the judgeship with the 7 knowledge that you left a lot of good friends 8 here. 9 We'll miss you. 10 ACTING PRESIDENT KUHL: Senator 11 Seward, on the nomination. 12 SENATOR SEWARD: Thank you, Mr. 13 President. 14 This afternoon's proceedings are 15 defying the old adage that nice guys finish last 16 because, with Tim Collins becoming a judge of 17 the Court of Claims, there's one nice guy who's 18 finishing first and, Tim, as has been mentioned 19 by numerous other members already today, you 20 have been a great help to us throughout these 21 last two years. You returned phone calls, that 22 calm, concise voice on the other end of the 23 telephone or in person, always a gentleman, 24 providing assistance and information as needed 25 and advice which has always been sound and true, 1637 1 and I'm just very honored to stand to 2 congratulate you and your family. You are one 3 hard-working, conscientious gentleman of the 4 highest integrity. I know that you will be a 5 judge of the Court of Claims who will be firm 6 but fair, a credit to the judiciary and to all 7 the people of this state. 8 ACTING PRESIDENT KUHL: Senator 9 Stafford, on the nomination. 10 SENATOR STAFFORD: Thank you, Mr. 11 President. 12 I can add nothing here today, to 13 the things -- all these fine things that are 14 being said, but I do have to emphasize your home 15 area. That's rather important and also your 16 family comes from a very, very -- comes from a 17 very, very fine area, and I want to -- I want to 18 point out that some of you have heard all of 19 these very nice things that have been said. 20 First, don't ever worry about Tim 21 Collins being able to say no. He can say it 22 very well and he can make a decision, but he 23 always says it, as has been pointed out, in a 24 way that, if you ever ran out of gas in front of 25 his house, you would stop and still ask for gas, 1638 1 and also I would say this -- and I think this 2 should be pointed out, that -- and I don't want 3 to use the term "influence" or "power" because 4 those words don't go well with him, even though 5 you have them when you are counsel to the 6 Majority Leader, but when a person makes a 7 decision as objectively and sensibly and for the 8 very fine reasons that he's made the decisions 9 and leaves a position of responsibility such as 10 I mentioned, I think it really demonstrates the 11 caliber of the individual and it also 12 demonstrates the caliber of a judge that we will 13 be seeing on the Court of Claims. 14 I would say to his relatives here 15 who are responsible for him being here, 16 remember, the river never rises higher than its 17 source. Now, some of you will have to think 18 about that a little. I'm complimenting members 19 of his family, but with that, we wish everyone 20 well. The state of New York is finer because of 21 his work and will be finer because of the work 22 that you will be doing. 23 It's a pleasure to join in moving 24 the confirmation with the Leader and the other 25 members. 1639 1 ACTING PRESIDENT KUHL: Senator 2 Farley, on the nomination. 3 SENATOR FARLEY: Thank you, Mr. 4 President. 5 Tim, I rise to say, you know, 6 they always talk about judicial temperament. 7 You certainly have the judicial temperament, not 8 only to be a good judge but what a nice guy that 9 you are. 10 You know, your role as counsel to 11 the Majority Leader has classically been one 12 that makes a lot of unhappy Senators, but I 13 think you can hear this among my colleagues as 14 they speak of you with the affection but the one 15 job that you did do well, you made Majority 16 Leader look good and that's very, very difficult 17 sometimes but as you - 18 ACTING PRESIDENT KUHL: Is there 19 any other Senator wishing to speak on the 20 nomination? (Laughter) 21 SENATOR FARLEY: I only can say 22 that because Joe is my buddy and friend, but let 23 me just say this, Timmy, how proud we are of 24 you. As Senator Seward said, you do make it 25 possible for nice guys to finish first. I see 1640 1 that those two young girls of yours, those twins 2 have had enough of listening to all of this. 3 They have moved to the back row, but let me say 4 that personally I wish you all the best. I know 5 that you have sacrificed an awful lot for this 6 house in time and in your family and serving us 7 here. You've done a terrific job as counsel to 8 this Senate and we're very grateful to you and 9 we wish you well. 10 Thank you, Timmy. 11 ACTING PRESIDENT KUHL: Senator 12 Marcellino, on the nomination. 13 SENATOR MARCELLINO: I just 14 wanted to know if Saratoga Springs was in the 15 former Senator Farley's district? The -- only a 16 senior Senator would dare but, Tim, I thank 17 you. I have only been in the Senate for a 18 couple of years, as you know, and I think in my 19 short tenure here, I've placed a few problems on 20 your desk unintentioned, of course, but you 21 handled them deftly and with credit. 22 One of the things that I think 23 you should and probably haven't gotten the 24 credit you truly deserve is the part you played 25 in negotiating the breast cancer registry bill. 1641 1 Your help and your efforts made that bill 2 possible and those of us who work very hard on 3 this level and you working at your level behind 4 the scenes will never forget your efforts and we 5 thank you very much and the women of the state 6 of New York owe you a great debt. 7 ACTING PRESIDENT KUHL: Senator 8 Tully, on the nomination. 9 SENATOR TULLY: Thank you, Mr. 10 President. 11 It's very difficult to speak and 12 I won't try to emulate Senator Farley's farewell 13 address. 14 SENATOR FARLEY: Quit picking on 15 me. It's St. Patrick's Day. 16 SENATOR TULLY: But this is a 17 special occasion, as Senator Farley has 18 indicated, and I just wanted to take this 19 opportunity, Tim, to thank you for your personal 20 friendship and thank you for sharing your legal 21 acumen with me in many, many legislative 22 matters. I know this is a special occasion for 23 your wife and family who are here with you, and 24 I know Chris Mega, our colleague, who is behind 25 us who is now looking ahead with glee to your 1642 1 becoming a member of the Court of Claims is 2 very, very happy, and I would like to leave you 3 with a little trite expression that's 4 appropriate for the day. 5 May the road rise up to meet 6 you. May the wind be always at your back and 7 may the good Lord ever hold you and your family 8 in the hollow of his hand. 9 ACTING PRESIDENT KUHL: Senator 10 Libous, on the nomination. 11 SENATOR LIBOUS: Thank you, Mr. 12 President. With the exception of Senator 13 Farley, I'm sure that - 14 SENATOR FARLEY: Quit picking on 15 me. 16 SENATOR LIBOUS: -- all of my 17 colleagues who added those kind words, it's very 18 tough at this point in time to stand up and say 19 anything that they have not already said but, 20 Tim, I just want to make one point and that 21 point is that we as members oftentimes expect 22 things or demand things or sometimes are 23 somewhat unrealistic in dealing with those of us 24 -- those individuals who are working with us on 25 staff, and I can say that previously there were 1643 1 times that we would -- I would deal with 2 individuals on staff and sometimes they would 3 make you wait. They would not return phone 4 calls promptly, but I must say that whenever I 5 dealt with you, you were always a gentleman. 6 You treated me with the utmost respect. You 7 always had the Leader and the Majority's best 8 interest at heart and your decisions were always 9 based on that. That is something that I think 10 you should be very, very proud of and I'm going 11 to be sorry to see you go because, as I said, it 12 was always a pleasure to work with you and I 13 wish you the very best as you approach the Court 14 of Claims. 15 ACTING PRESIDENT KUHL: Senator 16 Levy, on the nomination. 17 SENATOR LEVY: Thank you very 18 much, Mr. President. 19 I'm delighted to have the 20 opportunity to rise with my colleagues and 21 Senator Bruno and congratulate you and your 22 family on this high honor, and I just want to 23 echo the theme of this afternoon, this lovin' 24 for Tim Collins, narrated lovin' for Tim 25 Collins, that you have just been such a great 1644 1 gentleman and shown all of us such respect. 2 Today, really, for us as members 3 of the Senate, is a bittersweet occasion. We're 4 so pleased that it -- it's the beginning of the 5 realization of your dreams for yourself and for 6 your family, but we're disappointed that you're 7 going to be leaving us because you have 8 extraordinary ability that we have all seen in 9 action, dedication, hard work. I think I would 10 make a prediction that is on the minds of 11 everybody that's here this afternoon, and that 12 is, we haven't seen the last of Tim Collins 13 sitting up there, that you will be back before 14 the Senate on another occasion and we'll be 15 confirming you to an even higher post. 16 Congratulations. All best wishes 17 and we know what an extraordinary judge you're 18 going to be. 19 ACTING PRESIDENT KUHL: Senator 20 Maziarz, on the nomination. 21 SENATOR MAZIARZ: Thank you, Mr. 22 President. 23 Tim, I want to join all my 24 colleagues in congratulating you. As you know, 25 I have only been around here for a couple of 1645 1 years but, when I first came here two years ago, 2 you were a great asset to me and I want to thank 3 you for all the courtesies you've shown me and 4 my office. 5 Someone mentioned earlier the 6 rather large flurry of activity in bills passing 7 at the very last days of session, and I want to 8 thank you, Tim, for promising me that you'd put 9 all my bills ahead of Tully's and DeFrancisco's 10 and Marchi's and you told me you would take care 11 of me second, Bruno first, Tim, and I appreciate 12 that. 13 Thank you, Mr. President. 14 ACTING PRESIDENT KUHL: Is there 15 any other Senator wishing to speak on the 16 nomination? 17 Senator Velella. 18 SENATOR VELELLA: We're all 19 paying great tribute to you, Tim, today but it 20 wasn't so rosy, I remember back in, I believe it 21 was 1994, you once wrote a memo against one of 22 my bills which I have never forgotten about. 23 However, you have certainly 24 learned the ways of Albany well. The challenges 25 that lie ahead, something that are going to be 1646 1 great and rewarding for you. I think all of us 2 in public life have to make tough decisions and 3 I'm sure, as you make this career change, you're 4 wondering what lies ahead as the night we 5 confirmed Chris Mega, he was wondering, leaving 6 the Senate and going on to something different. 7 The rewards are going to be great, not only in 8 your professional life but the opportunity which 9 you have always talked about to spend more time 10 with your family, your children, your wife, are 11 going to be there now. The demand won't be as 12 much as it was here. You've deserved that 13 luxury and you've earned it. 14 Congratulations. 15 ACTING PRESIDENT KUHL: Senator 16 Larkin, on the nomination. 17 SENATOR LARKIN: Mr. President, I 18 guess my recollection of Tim will be his so 19 sweet and soft way of calling you and saying, 20 "If you don't have anything else to do later 21 on, could you please stop by the office? 22 There's a couple of things I would like to speak 23 to you about", and I'd say, "Sure, I'll be right 24 down." "Don't rush, Senator. It's not a 25 problem" and then I would have to go to ask the 1647 1 staff, "What did we do wrong? What did we write 2 to Bruno that Bruno probably gave to Timmy and 3 said, 'Be nice, Tim. Tell him no.'" 4 When you get down to Tim, Tim had 5 a very nice way of saying to you, "Senator, it's 6 a good idea, but I'm not so sure it would please 7 the Majority Leader or your colleagues. Why not 8 try it next year" or his ever present, "You 9 know, I would really like to go to that West 10 Point football game but you've got to convince 11 Bruno that I've got to have a Saturday off." 12 But, truly, Tim, I think the 13 measure of a man as you, of being able to stand 14 up to us and tell us what we should hear, not 15 always what we want to hear, and to your wife 16 and the rest of your family, I thank them from 17 the bottom of my heart for giving of you to us. 18 To you who spend so much time of your life away 19 from your family, to make this legislative body 20 a body that can work and succeed and do the 21 things that had to be done for the people, 22 you're truly a remarkable man and as my 23 colleague Senator Lack said, I see this as a 24 stepping stone to a higher place on the bench 25 and doing great things for each and every one of 1648 1 us. 2 Thank you and thank your family. 3 ACTING PRESIDENT KUHL: Senator 4 Nozzolio, on the nomination. 5 SENATOR NOZZOLIO: Thank you, Mr. 6 President, my colleagues. 7 If there was ever a definition 8 prototype of judicial temperament written, it 9 certainly would be manifested in Tim, our 10 nominee today. 11 His modicum of calmness in the 12 sea of frustrated individuals here is 13 noteworthy, but somehow I wonder how is that 14 judicial temperament going to mix with the quiet 15 types like Senator Mega and Senator Ron Tills - 16 Assemblyman Ron Tills as part of that bar. 17 That's what is going to be Tim's challenge to 18 calm those folks down, but all kidding aside, I 19 certainly share my colleagues' fond recognition, 20 remembrances of Tim's guidance and counsel. 21 I remember my first week in this 22 chamber when I inherited the Senate Election Law 23 Committee from Senator Bruno, his kindest act 24 was to dispatch Tim to my aid, as Tim was 25 counsel to that committee under the leadership 1649 1 of Senator Bruno. That certainly was something 2 I will never forget, his guidance, counsel and 3 attention, those early days of my days here in 4 this chamber, that, ladies and gentlemen, our 5 loss certainly is the judiciary's gain, a fine, 6 fine individual and, Tim, Godspeed. I know 7 you'll do well and we're very, very proud of you 8 being on the bench. 9 ACTING PRESIDENT KUHL: Is there 10 any other Senator wishing to speak on the 11 nomination? 12 (There was no response.) 13 Hearing none, the question is on 14 the nomination of Francis T. Collins, of 15 Saratoga Springs, to become a judge of the New 16 York State Court of Claims. All those in favor 17 of the nomination signify by saying aye. 18 (Response of "Aye".) 19 Opposed, nay. 20 (There was no response.) 21 The nominee is unanimously 22 confirmed. 23 (Applause) 24 Tim, congratulations on behalf of 25 all the members. You can see there are some 1650 1 lawyers who don't anticipate practicing before 2 the Court of Claims, who chose not to speak in 3 deference to your children and family, but we 4 are also very, very pleased that your wife could 5 join you. I see her seated next to you and also 6 members of your family. To them, Godspeed and 7 we appreciate your being here to share in a 8 wonderful day in Tim Collins' life. 9 Thank you. 10 The Secretary will continue to 11 read. 12 THE SECRETARY: Senator Lack, 13 from the Committee on Judiciary, offers up the 14 following nomination: As a judge to the New 15 York State Court of Claims, Alan C. Marin, of 16 New York City. 17 ACTING PRESIDENT KUHL: Senator 18 Lack. 19 SENATOR LACK: Thank you, Mr. 20 President. 21 I rise to move the nomination of 22 Alan C. Marin, of New York City and the fourth 23 floor of this building, to be a judge of the 24 Court of Claims. 25 Alan Marin is legislative counsel 1651 1 to the Speaker of the New York State Assembly, 2 has been since 1992. He was special labor 3 counsel to the Speaker from 1979 to 1991. He 4 has served as a member of the New York State 5 Deferred Compensation Board, the state Task 6 Force on Health Insurance for Retired 7 Educational Employees, the Task Force on 8 Optional Retirement Programs and was counsel to 9 the Assembly Standing Committee on Labor. He's 10 a graduate of the Massachusetts Institute of 11 Technology and the New York University School of 12 Law. 13 The Governor has sent his 14 nomination to the Committee. The staff of the 15 Committee has examined Mr. Marin's credentials 16 and he appeared before a hearing of the 17 Judiciary Committee earlier this afternoon and 18 was unanimously moved to the floor of the Senate 19 for consideration this afternoon. 20 I've known Alan Marin well for 21 about the last 12 years after then Senate 22 Majority Leader Warren Anderson appointed me 23 Chair of the Labor Committee. It was my delight 24 to serve with an Assembly opposite member who 25 occasionally got a little cantankerous and, of 1652 1 course, since I'm known for being just like Tim 2 Collins, very cool and never losing temper and a 3 very quiet demeanor, it fell to people like Alan 4 Marin as the Assembly counsel in charge of 5 certain labor and pension programs to have to 6 work with us to calm the Senate down after his 7 Assembly Chair would raise the level of how bad 8 it can get between the two houses on those 9 issues to such a high level, and I've got to 10 tell you that Alan Marin always did it very 11 well. 12 He certainly represented the 13 viewpoint of his house, of the Assembly that was 14 in occasional disagreement with the Senate, but 15 he's a skilled negotiator. He would always 16 listen and we could always work between the two 17 houses, if not on a member-to-member basis, then 18 certainly on a staff-to-staff basis and more 19 often than not on a Senate member to Assembly 20 staff basis and Alan did that very, very well. 21 Although it has absolutely 22 nothing to do whatsoever with the job of the 23 Court of Claims, he's also an expert with 24 respect to knowing some of the finest 25 restaurants in New York City and is probably as 1653 1 close to an oenologist as the Assembly has on 2 their staff and that's probably one reason why 3 there are so many members of the Assembly staff 4 sitting in our gallery today because Alan's 5 expertise on being able to choose the right 6 wines at the right time is exceedingly well 7 known. 8 But seriously, he joins Tim 9 Collins today as two excellent examples of 10 legislative staff people that are moving to the 11 Court of Claims and then on a very serious note, 12 it's very important, I think, for the judiciary 13 to have as its members people who have 14 legislative experience. I mean, after all, in 15 our types of checks and balances, representative 16 democracy between the Executive and the 17 Legislature, there's always a well known 18 understanding of how the Executive works and how 19 the Legislature works. That's not always true 20 when it comes to the judiciary to understand how 21 the Legislature works. Even the chief judge of 22 the state of New York, Judith Kaye, has written 23 Law Review articles on the importance of knowing 24 legislative intent, of knowing how legislative 25 bodies work in terms of making judicial 1654 1 decisions and that's highly important and with 2 Tim Collins and Alan Marin, the judiciary of 3 this state is taking on two people who have had 4 an exceedingly in-depth experience in 5 legislative procedure and legislative process, 6 and in Alan Marin's case, that goes back to 7 1976. 8 So, Alan, I wish you good luck 9 and Godspeed and your years of experience here 10 will certainly serve you well in the judiciary 11 and as with Judge Collins, I hope you find your 12 way back here to say hello to us all 13 occasionally. 14 Good luck, Alan. 15 ACTING PRESIDENT KUHL: Senator 16 Paterson, on the nomination. 17 SENATOR PATERSON: Mr. President, 18 as Senator Lack pointed out, Alan Marin is the 19 counsel to the Speaker of the Assembly, Speaker 20 Silver. Prior to that, he was counsel to 21 Speaker Weprin. He began serving under Speaker 22 Fink who tragically passed away a couple weeks 23 ago and in the interim served under Speaker 24 Miller. So he -- his talents have been 25 appreciated regardless as to who was commanding 1655 1 the legal staff of the Assembly. 2 Also as Senator Lack pointed out, 3 he has a rare combination of skills when you 4 combine judicial temperament with litigation 5 experience and, of course, the knowledge of 6 legislative procedures, and so we would like to 7 wish Alan Marin well as a judge of the Court of 8 Claims. 9 This is, as the Senator pointed 10 out, something that will be an advantage for all 11 New Yorkers to have someone that has this depth 12 of experience moving to this level, but I beg to 13 disagree in a previous commendation with Senator 14 Stafford. I would think that an individual who 15 served under four Speakers and is so well 16 appreciated, that they continue to elevate this 17 person regardless as to who is actually the 18 leader of the body, that it could be said at 19 that point that the river actually is rising 20 higher than its source. 21 So I'm hoping that this will 22 continue to be the case and that we will find 23 that we're back here confirming Alan C. Marin to 24 other posts in the judiciary. 25 ACTING PRESIDENT KUHL: Senator 1656 1 Volker, on the nomination. 2 SENATOR VOLKER: Mr. President, I 3 just want to say that I have known Alan Marin 4 for many, many years and it's another one of 5 those cases that, I guess of institutional 6 memory. Alan's been around long enough that it 7 just seems like he was part of the institution 8 of the Assembly. One of the brighter fellows 9 that I've ever met, a guy who could argue with 10 you but, at the same time, was a gentleman, very 11 much in the sense like Tim Collins, a guy who 12 knows not just the legislative business but also 13 knows the law extremely well, and I think who 14 has the temperament and the ability to make a 15 tremendous judge in the Court of Claims. 16 I wish him the very best. I 17 think the only unfortunate part of it for us is 18 that Alan is another one of those people who has 19 done such yeomen efforts as far as the Assembly 20 is concerned and the Legislature. The same is 21 true with Tim Collins, that we will miss them 22 both but I know the judiciary is much the better 23 for having the both of them. 24 ACTING PRESIDENT KUHL: Senator 25 Stafford, on the nomination. 1657 1 SENATOR STAFFORD: Mr. President, 2 I mentioned in the judiciary meeting that the 3 concern of some of my colleagues here on this 4 side of the aisle, the late Si Posner was a very 5 close friend of mine and Senator Lack mentioned 6 working with the labor field. I mentioned - 7 and I say this with all the affection I can 8 muster for Si -- anyone who worked with Si 9 deserves consideration, and I think you all 10 remember very, very well but, again, I second 11 what has been said so well here. Two very fine 12 nominees here today for the Court of Claims. 13 ACTING PRESIDENT KUHL: Is there 14 any other Senator wishing to speak on the 15 nomination? 16 (There was no response.) 17 Hearing none, the question is on 18 the nomination of Alan C. Marin of New York City 19 as a judge of the New York State Court of 20 Claims. All those in favor of the nomination 21 signify by saying aye. 22 (Response of "Aye".) 23 Opposed, nay. 24 (There was no response.) 25 The nominee is unanimously 1658 1 confirmed. 2 We're very, very pleased to have 3 Mr. Marin, Justice Marin, with us who is seated 4 in the chamber to our left. Congratulations. 5 (Applause) 6 Senator Bruno, that brings us to 7 the non-controversial calendar. 8 SENATOR BRUNO: Mr. President, 9 can we call for an immediate meeting of the 10 Energy Committee in Room 123. 11 ACTING PRESIDENT KUHL: There 12 will be an immediate meeting of the Energy 13 Committee, an immediate meeting of the Energy 14 Committee in Room 123, Room 123 of the Capitol. 15 Senator Bruno. 16 SENATOR BRUNO: Mr. President, 17 can we at this time go to the non-controversial 18 calendar. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the non-controversial 21 calendar. 22 THE SECRETARY: Calendar Number 23 185, by Senator Levy, Senate Print 605, an act 24 to amend the Vehicle and Traffic Law, in 25 relation to - 1659 1 SENATOR BRUNO: Lay it aside for 2 the day. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside for the day. 5 THE SECRETARY: Calendar Number 6 235, by Senator Cook, Senate Print 1418-A, an 7 act to amend the Insurance Law, in relation to 8 motor vehicle liability insurance rates. 9 SENATOR PATERSON: Lay it aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 250, by Senator Bruno, Senate Print 706, an act 14 to amend the Vehicle and Traffic Law, in 15 relation to the disqualification of a bus driver 16 in certain instances. 17 SENATOR STAVISKY: Lay it aside. 18 SENATOR BRUNO: Lay it aside for 19 the day. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar Number 23 256, by Senator Libous, Senate Print 1231, an 24 act to amend the Uniform City Court Act, in 25 relation to acting city court judge - 1660 1 SENATOR LIBOUS: Lay it aside for 2 the day at the request of the sponsor. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside for the day at the request of the 5 sponsor. 6 THE SECRETARY: Calendar Number 7 268, Senator Holland, Senate Print 563, an act 8 to amend the General Municipal Law, in relation 9 to liability of agency projects. 10 SENATOR LEICHTER: Lay it aside. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 269, by Senator Larkin, Senate Print 1378, an 15 act to amend the General Municipal Law, in 16 relation to creating the town of Southampton 17 Community Development Agency. 18 ACTING PRESIDENT KUHL: There's a 19 home rule message at the desk. The Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 1661 1 THE SECRETARY: Ayes 60. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 271, by Senator Johnson, Senate Print 1862, an 6 act to amend the Real Property Tax Law, in 7 relation to providing an exemption for capital 8 construction costs. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 SENATOR LEICHTER: Lay it aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 272, by Senator Leibell, Senate Print 2021, an 16 act to amend the General Municipal Law, in 17 relation to participation in certain health 18 insurance plans. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 1662 1 THE SECRETARY: Ayes 60. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 274, by Senator Larkin, Senate Print 2309, an 6 act to amend the General Municipal Law, in 7 relation to environmental facilities. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 60. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 282, by Senator Present, Senate Print 2753, an 20 act to amend Chapter 557 of the Laws of 1992, 21 relating to the sewer rent revenues. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 1663 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 60. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 297, by Senator Velella, Senate Print 2600, an 9 act to amend the Penal Law, in relation to 10 including certain documents relating to 11 ownership of a motor vehicle. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first day of 16 November. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 60. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 320, by Senator Maziarz, Senate Print 507, an 25 act to amend the Vehicle and Traffic Law, in 1664 1 relation to violations involving passing a 2 stopped school bus. 3 SENATOR BRUNO: Lay it aside for 4 the day. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside for the day. 7 Senator Bruno, that completes the 8 reading of the non-controversial calendar. 9 Senator Bruno. 10 SENATOR BRUNO: Mr. President, 11 can we lay aside whatever the controversial 12 calendar is for the day and stand at ease 13 awaiting the report of the Energy Committee 14 which hopefully will be shortly. 15 ACTING PRESIDENT KUHL: The 16 Senate will stand at ease awaiting the report of 17 the Energy Committee. 18 SENATOR PATERSON: Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson, why do you rise? 21 SENATOR PATERSON: Mr. President, 22 I would like to announce a Conference of the 23 Minority that will convene at 4:45 in the 24 Minority Conference Room, Room 314; at 4:45, a 25 Conference of the Minority. 1665 1 ACTING PRESIDENT KUHL: Senator 2 Skelos, you don't have any problem with that 3 announcement, do you? 4 SENATOR SKELOS: The Minority can 5 meet whenever they wish. 6 ACTING PRESIDENT KUHL: There 7 will be a meeting of the Minority Conference in 8 the Minority Conference Room, Room 314, at 9 4:45. Minority Conference in the Minority 10 Conference Room, Room 314, at 4:45. The Senate 11 stands at ease. 12 (Whereupon, the Senate stood at 13 ease from 4:12 until 4:25 p.m.) 14 ACTING PRESIDENT KUHL: The 15 Senate will come to order. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 if we could return to reports of standing 19 committees, I believe there's a report of the 20 Energy Committee at the desk. I ask that it be 21 read. 22 ACTING PRESIDENT KUHL: The 23 Senate will return to the order of standing 24 committees. There is a report of the Energy 25 Committee at the desk. 1666 1 The Secretary will read. 2 THE SECRETARY: Senator Seward, 3 from the Committee on Energy and 4 Telecommunications, offers up the following 5 bill: 6 Senate Print 3486, by Senator 7 Seward, an act to amend the Public Service Law 8 and the Uniform Commercial Code, in relation to 9 the financing of electric utility costs. 10 ACTING PRESIDENT KUHL: Without 11 objection, the bill is ordered directly to third 12 reading. 13 Senator Skelos. 14 SENATOR SKELOS: Is there any 15 other housekeeping at the desk? There being no 16 further business, I move we adjourn until 17 Tuesday, March 18th, at 3:00 p.m. sharp. 18 ACTING PRESIDENT KUHL: Without 19 objection, hearing no objection, the Senate 20 stands adjourned until tomorrow, March 18th, 21 Tuesday, at 3:00 p.m. 22 (Whereupon, at 4:27 p.m., the 23 Senate adjourned.) 24 25