Monday, September 22, 1997

7872 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 September 22, 1997 11 11:30 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 7873 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 join with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 The invocation today will be 8 given by Reverend Peter Young from the Blessed 9 Sacrament Church in Bolton Landing. 10 Reverend Young. 11 REVEREND PETER G. YOUNG: Thank 12 you, Governor. Let us pray. 13 As we gather on this brisk and 14 beautiful fall day to conduct state business, we 15 call upon you for Your blessing and guidance as 16 we reflect after our summer recess on the 17 benefits and the creative goodness of Your 18 people to the New York State. We express our 19 gratitude for the beautiful people and physical 20 gifts of natural environment that we enjoy as 21 your citizens. 22 As we approach the winter season, 23 may our Senate members advocate for the needed 24 heating and food resources that will allow the 25 poor, the elderly, the sick and the disabled the 7874 1 comfort that they seek. Our special prayer 2 today, O God, is a prayer of thanks to see 3 Senator Levy rejoining this session in good 4 health and our prayer too and condolences to the 5 members of Senator Tully's family for this great 6 loss. We pray that God remember him and be with 7 him forever. Amen. 8 THE PRESIDENT: Amen. 9 The reading of the Journal, 10 please. 11 THE SECRETARY: In Senate, 12 Friday, September 19th. The Senate met pursuant 13 to adjournment. The Journal of Wednesday, 14 September 17th, was read and approved. On 15 motion, Senate adjourned. 16 THE PRESIDENT: Without 17 objection, the Journal stands approved as read. 18 Senator Bruno. 19 SENATOR BRUNO: Madam President, 20 may I ask the members of the house that out of 21 deference to our departed member, Senator 22 Michael Tully, who as you all know passed away 23 since we last recessed, that we open this 24 special gathering of the Senate in his honor and 25 his memory and all of us do that by just a 7875 1 moment of silence while we think of that, as we 2 remember Senator Mike Tully. 3 THE PRESIDENT: Thank you. A 4 moment of silence for Senator Tully. 5 (A moment of silence was 6 observed.) 7 Presentation of petitions. 8 Messages from the Assembly. 9 Messages from the Governor. 10 Reports of standing committees. 11 The Secretary will read. 12 THE SECRETARY: Senator Lack, 13 from the Committee on Judiciary, reports the 14 following nomination: 15 Justice of the Supreme Court for 16 the Seventh Judicial District, Nancy E. Smith of 17 Pittsford. 18 THE PRESIDENT: Senator Lack. 19 SENATOR LACK: Thank you, Madam 20 President. 21 I rise to move the nomination of 22 Nancy E. Smith, of Pittsford - 23 THE PRESIDENT: Quiet, please. 24 SENATOR LACK: -- as a Justice of 25 the Supreme Court for the Seventh Judicial 7876 1 District. Judge Smith was nominated by the 2 Governor. We received the nomination in the 3 Judiciary Committee. She was -- her credentials 4 were examined by the staff of the committee, 5 found to be eminently satisfactory. 6 She appeared before the committee 7 this morning and was unanimously moved from the 8 committee to the floor and with that, Madam 9 President, I would respectfully yield to Senator 10 Alesi. 11 THE PRESIDENT: Senator Alesi. 12 SENATOR ALESI: Thank you, Madam 13 President. 14 It's a special pleasure for me 15 today to welcome Judge Nancy Smith, and her 16 family, her husband Larry, her children Conor 17 and Margaret. Judge Smith, throughout her 18 entire career as an attorney, has proven herself 19 to be a hard working and dedicated person, 20 whether an associate working with my colleague, 21 Senator Dollinger, first starting out in her law 22 career or working her way through assistant 23 district attorney, serving as acting judge, now 24 sitting judge as a County Court judge, serving 25 also as acting Supreme Court judge. 7877 1 Judge Smith, Nancy Smith, is 2 known - 3 THE PRESIDENT: (Gaveling) Sorry, 4 Senator. 5 SENATOR ALESI: Thank you, Madam 6 President. 7 Judge Smith is known by her 8 colleagues as a true professional, someone who 9 is always totally well prepared in the court. 10 She is known by both victims and family members 11 of victims who come before her, as someone who 12 is sincere and compassionate. Those who are 13 tried in her court know Judge Smith as someone 14 who is fair and impartial, but someone who takes 15 very seriously her responsibility to interpret 16 and apply the law. 17 My colleagues, I'm deeply honored 18 today to support the nomination of this Governor 19 for someone who has managed not only to excel in 20 her professional career but to strike that 21 balance between being excellent in her 22 profession and excellent also as a mother, as a 23 spouse and as a true member, a dedicated 24 community servant. The Governor's choice today 25 is of one who is eminently well qualified, and 7878 1 I'm honored to support that choice. 2 Thank you, Madam President. 3 THE PRESIDENT: Senator Maziarz. 4 SENATOR MAZIARZ: Thank you, 5 Madam President. 6 Madam President I rise to also - 7 ACTING PRESIDENT KUHL: Pardon 8 the interruption. Could I recognize Senator 9 Bruno first, please. 10 SENATOR BRUNO: Mr. President, 11 forgive the interruption, but in deference to 12 our time, I'm wondering if we could now ask an 13 immediate meeting of the Rules Committee in Room 14 332, but we'll continue. 15 ACTING PRESIDENT KUHL: There 16 will be an immediate meeting of the Rules 17 Committee, immediate meeting of the Rules 18 Committee, in the Majority Conference Room, Room 19 332. 20 Thank you, Senator Maziarz, for 21 allowing that interruption. Senator Maziarz, 22 you have the floor. 23 SENATOR MAZIARZ: Thank you, Mr. 24 President. 25 Mr. President, I rise to support 7879 1 the nomination of Judge Smith. I have known 2 Nancy Smith for a very long time. We have had 3 the occasion in the past several months to 4 interact a great deal on the left side of Monroe 5 County, and I like to think that is the best 6 side of Monroe County, and I have found her to 7 be fair, intelligent, extremely dedicated. I 8 say all those things before I knew that she used 9 to work with Senator Dollinger, but we won't 10 hold that against her. 11 Mr. President, I rise in support 12 of this nomination. I think the Governor picked 13 an excellent candidate for a very good tough 14 job. 15 Thank you, Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Nozzolio, on the nomination. 18 SENATOR NOZZOLIO: Thank you, Mr. 19 President. Mr. President, my colleagues, the 20 judiciary in Monroe County will be at a loss 21 with Judge Smith's elevation to the Seventh 22 Judicial District. As one who represents four 23 counties in that sprawling district, that we 24 certainly will benefit greatly, not only within 25 the Seventh J.D., but also throughout western 7880 1 New York and the entire state, because Judge 2 Smith truly is dynamic, thorough, intelligent 3 and fair, qualities that a judge must have, and 4 that we are very pleased that she, Nancy Smith, 5 will be the best justice of the Seventh Judicial 6 District, New York State Supreme Court. 7 Judge Smith, you have served with 8 distinction and honor in your capacity as Monroe 9 County Court judge. We know that that will be 10 carried through your great tenure as a justice 11 of the New York State Supreme Court. 12 Mr. President, I move the 13 nomination. 14 ACTING PRESIDENT KUHL: Senator 15 Volker, on the nomination. 16 SENATOR VOLKER: Mr. President, 17 very briefly, despite the fact Judge Smith, of 18 your relationship with Senator Dollinger, we'll 19 disregard that and let me just say that Judge 20 Smith, although she does not live in my 21 district, has been an acting Supreme Court judge 22 in Livingston County since the former judge who 23 is a good friend of mine, Ted Wiggin, got cancer 24 and eventually died, and Judge Smith has, I 25 think, got all sorts of accolades for the work 7881 1 that she's done in Livingston County and, 2 frankly, throughout western New York, and I 3 think she's an excellent choice and probably 4 doesn't quite realize that she's in really good 5 shape today. Since she's the only judge being 6 confirmed, why, she has a chance to get a lot of 7 attention, and you deserve it, because you've 8 done a good job. I know you'll do a good job in 9 the future. 10 Good luck. 11 ACTING PRESIDENT KUHL: Senator 12 Dollinger, on the nomination. 13 SENATOR DOLLINGER: Thank you, 14 Mr. President. 15 This governor continues to put me 16 in difficult situations where I rise to speak on 17 behalf of judicial candidates who are friends of 18 mine and also very accomplished lawyers who may 19 some day, if something happens in November, run 20 against other friends of mine, but in this case, 21 this nominee is exceptionally well qualified for 22 the position of Supreme Court Justice in the 23 Seventh Judicial District. 24 I've known Judge Smith for the 25 better part of 12 or 13 years. She and I worked 7882 1 together as associates in a law firm, and I'd 2 just say that her experience, my experience in 3 watching her during that year and a half that we 4 worked together was very instructive. She was 5 at the time balancing the roles of mother and 6 spouse and family and practicing law at the same 7 time. She had come to us from the district 8 attorney's office. She went back there and had 9 a distinguished career, especially in an area 10 where many of us have had concerns in the course 11 of the last decade involving domestic violence. 12 She was very much involved in that and was an 13 advocate for victims of domestic violence. She 14 has taken that perspective on that particular 15 issue to the County Court and she will take it 16 to the Supreme Court with the same skill and 17 aplomb. 18 I think Judge Smith represents a 19 continuing trend that I find very favorable and 20 that is that this governor has found top quality 21 candidates for the bench. I have been pleased 22 to support them. In the Seventh Judicial 23 District they have continued to be of the 24 highest quality. Judge Smith is a continuing 25 part of that legacy. I praise the Governor for 7883 1 the choice. She will make an excellent state 2 Supreme Court Justice. 3 Good luck to you, Judge Smith, 4 and all of your family. 5 ACTING PRESIDENT KUHL: Is there 6 any other Senator wishing to speak on the 7 nomination? 8 Hearing none, the question is on 9 the nomination of Nancy E. Smith to become a 10 Justice of the Supreme Court for the Seventh 11 Judicial District. All those in favor of the 12 nomination, signify by saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response. ) 16 The nominee is unanimously 17 confirmed. 18 We're pleased to have Justice 19 Smith in the chamber with us. Nancy, 20 congratulations and good luck. 21 (Applause) 22 Senator Bruno, we have the report 23 of the Rules Committee at the desk if you would 24 like to return to the order of Rules. 25 SENATOR BRUNO: If we could have 7884 1 it read at this time. 2 ACTING PRESIDENT KUHL: All 3 right. We'll return to the order of reports of 4 standing committees. Secretary will read the 5 report of the Rules Committee. 6 THE SECRETARY: Senator Bruno, 7 from the Committee on Rules, reports the 8 following bill direct to third reading: 9 Senate Print 5793, by the 10 Committee on Rules, an act to amend the Racing, 11 Pari-Mutuel Wagering and Breeding Law. 12 ACTING PRESIDENT KUHL: Senator 13 Bruno. 14 SENATOR BRUNO: Move to accept 15 the report. 16 ACTING PRESIDENT KUHL: Motion is 17 to accept the report of the Rules Committee. 18 All those in favor say aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response.) 22 The report is accepted. 23 Senator Bruno. 24 SENATOR BRUNO: Third reading. 25 ACTING PRESIDENT KUHL: Secretary 7885 1 will read. 2 THE SECRETARY: Senator Bruno 3 moves to discharge from the Committee on Rules 4 Assembly Bill Number 8686 and substitute it for 5 the identical Third Reading Calendar 1689. 6 ACTING PRESIDENT KUHL: 7 Substitution is ordered. Secretary will read 8 the title. 9 THE SECRETARY: Calendar Number 10 1689, by the Assembly Committee on Rules, 11 Assembly Print Number 8686, an act to amend the 12 Racing, Pari-Mutuel Wagering and Breeding Law, 13 in relation to horse racing. 14 ACTING PRESIDENT KUHL: Bill is 15 before the house. Secretary will read the last 16 section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the same day as a 19 chapter of the laws of 1997. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 54. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 7886 1 Senator Bruno. 2 SENATOR BRUNO: Mr. President, 3 can we stand in recess while we call for an 4 immediate meeting of the Majority Conference in 5 Room 332. 6 ACTING PRESIDENT KUHL: There 7 will be an immediate meeting of the Majority 8 Conference, immediate meeting of the Majority 9 Conference, Majority Conference Room, Room 332. 10 Senator Mendez. 11 SENATOR MENDEZ: Mr. President, 12 there will be an immediate meeting of the 13 Minority. 14 ACTING PRESIDENT KUHL: Immediate 15 meeting of the Minority, immediate meeting of 16 the Minority in the Minority Conference Room, 17 Room 314. 18 The Senate stands at ease. 19 (The Senate stood at ease from 20 11:45 a.m. until 1:31 p.m.) 21 ACTING PRESIDENT KUHL: Senate 22 will come to order. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 there will be an immediate meeting of the Rules 7887 1 Committee in the Majority Conference Room. 2 ACTING PRESIDENT KUHL: Immediate 3 meeting of the Rules Committee, immediate 4 meeting of the Rules Committee in the Majority 5 Conference Room. 6 Senate will continue to stand at 7 ease. 8 (The Senate stood at ease from 9 1:32 p.m. until 1:42 p.m.) 10 ACTING PRESIDENT KUHL: Senate 11 will come to order. Ask the members to find 12 their places. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could return to reports of standing 16 committees, I believe there's a report of the 17 Rules Committee. I ask that it be read at this 18 time. 19 ACTING PRESIDENT KUHL: We will 20 return to the order of reports of standing 21 committees, ask the Secretary to read the report 22 of the Rules Committee. 23 THE SECRETARY: Senator Bruno, 24 from the Committee on Rules, reports the 25 following bills: 7888 1 Senate Print 390, by Senator 2 Spano, an act to amend Chapter 677 of the Laws 3 of 1977; 4 Senate Print 4102, by Senator 5 Goodman, an act to amend the Tax Law; 6 5790, by Senator Maziarz, an act 7 to amend the Facilities Alternatives for 8 Schools; 9 5424, by Senator Breslin, an act 10 in relation to allowing the town of Colonie; and 11 Assembly Print 8056, by the 12 Assembly Committee on Rules, an act to amend 13 Chapter 704 of the Laws of 1991. 14 All bills ordered direct to third 15 reading. 16 ACTING PRESIDENT KUHL: Senator 17 Skelos. 18 SENATOR SKELOS: Move to accept 19 the report. 20 ACTING PRESIDENT KUHL: Motion is 21 to accept the report of the Rules Committee. 22 All those in favor signify by saying aye. 23 (Response of "Aye.") 24 Opposed nay. 25 (There was no response. ) 7889 1 The Rules report is accepted. 2 The bills will go directly to third reading. 3 SENATOR SKELOS: Could we have 4 the reading of the calendar now. 5 ACTING PRESIDENT KUHL: Secretary 6 will read. 7 THE SECRETARY: Senator Goodman 8 moves to discharge from the Committee on Rules 9 Assembly Bill Number 6385-A, and substitute it 10 for the identical Third Reading Calendar 894. 11 ACTING PRESIDENT KUHL: 12 Substitution is ordered. Secretary will read 13 the title. 14 THE SECRETARY: Calendar Number 15 894, by member of the Assembly Gottfried, 16 Assembly Print 6385-A, an act to amend the Tax 17 Law, in relation to exempting. 18 ACTING PRESIDENT KUHL: Senator 19 Skelos, an explanation has been asked for. Who 20 is going to handle that matter of the 21 explanation? 22 SENATOR GOODMAN: Mr. President. 23 ACTING PRESIDENT KUHL: Senator 24 Goodman, Senator Dollinger has requested an 25 explanation on the bill before the house. 7890 1 SENATOR DOLLINGER: Senator 2 Dollinger, this bill seeks to eliminate the 4 3 percent New York City tax on property and 4 services used in producing dramatic and musical 5 act performances in New York City. 6 The bill is approved by the city 7 government and it will provide tax relief to 8 stimulate an industry in which we're all greatly 9 interested -- and in which we're all greatly 10 interested and have great concern. 11 SENATOR DOLLINGER: Mr. 12 President, just one question. 13 ACTING PRESIDENT KUHL: Senator 14 Goodman, do you yield to a question? 15 SENATOR GOODMAN: Yes, I will. 16 ACTING PRESIDENT KUHL: Senator 17 yields. 18 SENATOR DOLLINGER: Senator, does 19 this only apply in the city of New York? 20 SENATOR GOODMAN: Yes, it does. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the first day of a 25 sales tax quarterly period. 7891 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 59. 5 ACTING PRESIDENT KUHL: The 6 bill's passed. 7 THE SECRETARY: Senator Maziarz 8 moves to discharge from the Committee on Rules 9 Assembly Bill Number 8601 and substitute it for 10 the identical Third Reading Calendar 1671. 11 ACTING PRESIDENT KUHL: 12 Substitution is ordered. Secretary will read 13 the title. 14 THE SECRETARY: Calendar Number 15 1671, by the Assembly Committee on Rules, 16 Assembly Print 8601, an act to amend the 17 Facilities Alternatives for Schools to Expedite 18 Replacement Act. 19 ACTING PRESIDENT KUHL: 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. ) 7892 1 THE SECRETARY: Ayes 59. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Senator Breslin 5 moves to discharge from the Committee on Rules 6 Assembly Bill Number 6319 and substitute it for 7 the identical Third Reading Calendar 1688. 8 ACTING PRESIDENT KUHL: 9 Substitution is ordered. Secretary will read 10 the title. 11 THE SECRETARY: Calendar Number 12 1688, by member of the Assembly Prentiss, 13 Assembly Print 6319, an act in relation to 14 allowing the town of Colonie. 15 ACTING PRESIDENT KUHL: There is 16 a home rule message at the desk. Secretary will 17 read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 59. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 7893 1 THE SECRETARY: Calendar Number 2 1690, by the Assembly Committee on Rules, 3 Assembly Print 8056, an act to amend Chapter 704 4 of the Laws of 1991. 5 ACTING PRESIDENT KUHL: 6 Substitution is ordered. Secretary will read 7 the title. 8 The Assembly bill is before the 9 house. 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 59. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Senator Spano 19 moves to discharge from the Committee on Rules 20 Assembly Bill Number 3125, and substitute it for 21 the identical Third Reading Calendar 1691. 22 ACTING PRESIDENT KUHL: 23 Substitution is ordered. Secretary will read 24 the title. 25 THE SECRETARY: Calendar Number 7894 1 1691, by member of the Assembly Vitaliano, 2 Assembly Print 3125, an act to amend Chapter 677 3 of the Laws of 1977. 4 SENATOR CONNOR: Explanation. 5 ACTING PRESIDENT KUHL: Senator 6 Spano, an explanation of the bill before the 7 house has been requested by Senator Connor. 8 SENATOR SPANO: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Spano. 11 SENATOR SPANO: The bill before 12 us is the New York State agency shop bill. 13 ACTING PRESIDENT KUHL: Senator 14 Connor. 15 SENATOR CONNOR: Mr. President, I 16 offer up an amendment, ask its reading be waived 17 and will explain. 18 ACTING PRESIDENT KUHL: The 19 amendment is at the desk, Senator Connor. Your 20 request to have an opportunity to explain it is 21 being honored by the Chair. The floor is yours 22 for that purpose. 23 SENATOR CONNOR: Thank you, Mr. 24 President. 25 The amendment I offer would make 7895 1 the agency shop provisions permanent. It's not 2 the first time I've offered this amendment. 3 I've offered this amendment just about every 4 other year since 1979. I believe, and I don't 5 have my glasses, but I think now we're extending 6 this experiment to its 24th year. Is that what 7 we're doing? 8 It was originally adopted 24 9 years ago, 22 years ago as an experiment. 10 That's why it was two years in duration. It 11 seems to me that it's probably the longest 12 running experiment in the western world. It's 13 certainly taking longer than it took to put a 14 person on the moon, and all the experimentation 15 and scientific endeavors that went into that, 16 and it can't be such a bad idea to make it 17 permanent. Senator Spano has a bill that he's 18 sponsoring that would make it permanent, so it 19 must be a good idea. The Assembly's passed a 20 permanent extension. Yet we time and time again 21 in this house on this occasion every two years, 22 although this occasion seems to be a little bit 23 later than usual in the year, have extended this 24 law for two years, and I've said it before on 25 this floor, and I say it again, Mr. President. 7896 1 It's a good law; it's worked; it's fair. It's 2 fair to all the workers. It's fair to their 3 collective bargaining agents. Let's make it 4 permanent. Let's end what I believe has become 5 in these past decades a very, very unseemly 6 process of holding the labor organizations that 7 represent our public employees on a string, on a 8 two-year string, so that every two years it 9 could be wound up and they can be wound in 10 before they are given a new, very short two-year 11 lease on things. 12 The politics of that, what it 13 says about the way we operate in the New York 14 State Senate, what it says about the government, 15 what the government and the Legislature in the 16 state of New York has become, I think, Mr. 17 President, it's time to step away from that. 18 It's time to stop these experiments that sunset 19 every two years. 20 What is the fear? Is the fear 21 that we'll have nothing to do, that we don't 22 spend all of our time renewing laws that we just 23 reenacted two years ago? Or is it just the 24 political politicking to keep everybody 25 supplicant, to keep everybody supplicant to the 7897 1 Legislature, to make sure everybody knows who's 2 boss. 3 Yes, the Assembly has passed a 4 permanent bill in the past and, as I say, 5 Senator Spano is sponsoring it, so it kind of 6 makes the bill before us, Senator Spano's other 7 bill, better and much more like his permanent 8 agency shop bill. 9 I urge this body to adopt my 10 amendment and pass a permanent agency shop 11 bill. As permanent as anything can be. If 12 there's a problem that develops, we can always 13 repeal it, but we really shouldn't do this 14 two-year charade year -- every other year, 15 because literally we're now in our third 16 decade. 17 ACTING PRESIDENT KUHL: Senator 18 Spano, on the amendment. 19 SENATOR SPANO: On the 20 amendment. 21 (Senator Spano's comments were 22 partly unintelligible through his microphone.) 23 I think on the issue of the 24 legislation and the amendment and the discussion 25 of that, and the future of agency shop, the 7898 1 possibility of passing a permanent bill, which 2 I'm privileged to co-sponsor, and that's why the 3 Senate passed its version of that and the 4 Assembly has not passed the bill making the 5 agency shop permanent. They did not pass the 6 bill making it permanent this year, and for us 7 to adopt this amendment would do nothing but to 8 sabotage agency shop in New York State. 9 SENATOR CONNOR: Mr. President, 10 will the Senator yield? 11 SENATOR SPANO: Yes. 12 SENATOR CONNOR: I believe the 13 Assembly will come back next week if we pass it 14 to pass it. 15 SENATOR SPANO: I think that the 16 (unintelligible) or so public organizations, but 17 I don't think that we should hold them hostage 18 to the Assembly coming back here on the promise 19 of possibly passing a permanent agency shop next 20 week. The bill that we have before us today is 21 a bill that extends agency shop. All we need to 22 do today is say yes to the extension of agency 23 shop, and at the same time we can continue to 24 work toward our goal, final goal, which is to 25 see a permanent bill in the future, but to do 7899 1 anything other than that today is putting in 2 jeopardy the law that was put in place to 3 protect the employees across the state, and I 4 don't think that we should be engaged in that 5 type of sabotage. 6 I, therefore, urge the defeat of 7 the amendment. 8 ACTING PRESIDENT KUHL: Question 9 is on the amendment. 10 Senator Connor? 11 SENATOR CONNOR: Senator Spano 12 yield to a question? 13 ACTING PRESIDENT CONNOR: 14 Senator, will you yield? 15 SENATOR SPANO: Yes. 16 SENATOR CONNOR: Senator Spano, 17 if we were to contact the Speaker right now to 18 ask the Assembly to come back to pass the 19 permanent bill, would you support this 20 amendment? 21 SENATOR SPANO: At this point, 22 the bill that we have before us is a bill that 23 my colleagues and I have only had a short 24 opportunity in our Majority Conference to 25 discuss. The amendment that is presented by the 7900 1 Minority Leader (unintelligible). 2 SENATOR CONNOR: Mr. President, I 3 would offer to Senator Spano that if he doesn't 4 want to do my amendment, we wait a few minutes 5 and we could do his bill. I have no pride of 6 authorship. We could do his permanent bill. 7 ACTING PRESIDENT KUHL: Senator 8 Bruno? 9 SENATOR BRUNO: Mr. President, 10 are we having a problem of laying this bill 11 aside and coming back next week? We're open to 12 that. I just talked to the Governor, so that 13 may be the best course of action, Senator, if 14 that's what you'd like to have happen. 15 I didn't know anything about - 16 you want to do that? That's fine with us. I 17 didn't know anything about your amendment until 18 five minutes before I walked in here and 19 contrary to the rules of this house, we like to 20 be informed about the action that's going to 21 take place on the floor. 22 For that reason, I would vote 23 against your amendment, and have a party vote 24 against your amendment at the appropriate time. 25 I also want to suggest that we have been talking 7901 1 with the Governor and will talk with the Speaker 2 about doing some of the other labor issues that 3 we think are critical for labor such as the 4 hours of work legislation, some of the pension 5 legislation, unemployment insurance benefits, 6 things like that have come from our Conference 7 and I hope your Conference. We've talked to the 8 Governor about that. We were hopeful that we 9 might get the Assembly back here and do those 10 things and do a wrap-around package bill that 11 would really enhance the ability of labor to go 12 out and do things on behalf of the people of 13 this state that they do so well. 14 But the Assembly is not here. As 15 Senator Spano ably stated, the only bill before 16 this house now is this bill, and that calls for 17 a two-year extender and we're prepared to do 18 that if that's the wishes of the majority of the 19 house. 20 ACTING PRESIDENT KUHL: Question 21 is on the amendment. 22 SENATOR CONNOR: Party vote in 23 the affirmative. 24 SENATOR BRUNO: Party vote in the 25 negative. 7902 1 ACTING PRESIDENT KUHL: Secretary 2 will call the roll on the amendment. 3 THE SECRETARY: Ayes 25, nays 34, 4 party vote. 5 ACTING PRESIDENT KUHL: The 6 amendment is defeated. We're on the bill. 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 ACTING PRESIDENT KUHL: Record 14 the negatives and announce the vote. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1691 are 17 Senators Levy, Maltese, Marcellino, Padavan and 18 Skelos. Ayes 54, nays 5. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 ACTING PRESIDENT KUHL: Senator 22 Dollinger, why do you rise? 23 SENATOR DOLLINGER: Mr. 24 President, earlier in today's session, on 25 Calendar Number 5793 I was recorded in the 7903 1 affirmative. I ask unanimous consent to be 2 recorded in the negative on that bill. 3 ACTING PRESIDENT KUHL: Without 4 objection, hearing no objection, Senator 5 Dollinger will be recorded in the negative on 6 Calendar Number -- Senate Print Number 5793. 7 Senator Hannon. 8 SENATOR HANNON: No. 9 ACTING PRESIDENT KUHL: Like 10 unanimous consent to be recorded in the negative 11 on the last bill that was before the house, is 12 that correct? 13 SENATOR HANNON: That's correct. 14 ACTING PRESIDENT KUHL: Without 15 objection, hearing no objection, Senator Hannon 16 will be recorded in the negative. 17 Senator Bruno. 18 SENATOR BRUNO: Mr. President, 19 there being no further business to come before 20 the Senate at this time, I would suggest that we 21 recess and adjourn at the call of the Majority 22 Leader, and that we recess and adjourn in memory 23 of our departed colleague, Senator Michael 24 Tully. 25 ACTING PRESIDENT KUHL: Without 7904 1 objection, hearing no objection, Senate will 2 stand in adjournment in memory of our former 3 colleague, Michael Tully. I'll ask the people 4 at the adjournment to please stand in 5 recognition. 6 (A moment of silence was 7 observed. ) 8 ACTING PRESIDENT KUHL: The 9 Senate is adjourned. 10 (Whereupon at 2:04 p.m., the 11 Senate adjourned.) 12 13 14 15 16 17 18