Monday, June 8, 1998

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 8, 1998 11 3:07 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would you please rise and join 4 with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag. ) 7 May we bow our heads that 8 moment of silence. 9 (A moment of silence was 10 observed. ) 11 The reading of the Journal, 12 please. 13 THE SECRETARY: In Senate, 14 Sunday, June 7th. The Senate met pursuant to 15 adjournment. Senator Farley in the chair, 16 upon designation of the Temporary President. 17 The Journal of Saturday, June 6, was read and 18 approved. On motion, the Senate adjourned. 19 THE PRESIDENT: Without objec 20 tion, the Journal stands approved as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 24 Reports of standing committees. 25 Reports of select committees. 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Thank you, 6 Madam President. 7 Amendments are offered to the 8 following Third Reading Calendar bills: On 9 behalf of Senator Alesi, on page number 4, 10 Calendar Number 40, Senate Print Number 4942C; 11 On behalf of Senator Farley, 12 page 13, Calendar Number 502, Senate Print 13 Number 4246; 14 On behalf of Senator Balboni, 15 on page number 17, Calendar Number 618, Senate 16 Print Number 6995; 17 On behalf of Senator Wright, 18 page number 23, Calendar Number 737, Senate 19 Print Number 7318; 20 On behalf of Senator Skelos, 21 page number 31, Calendar Number 922, Senate 22 Print Number 6427D; 23 On behalf of Senator Maziarz, 24 on page 33, Calendar Number 952, Senate Print 25 Number 7248A; 1 On behalf of Senator Libous, on 2 page number 33, Calendar Number 958, Senate 3 Print Number 6145B; 4 On behalf of Senator Kuhl, on 5 page number 42, 1117 is the Calendar Number, 6 Senate Print Number 6743. 7 Madam President, I now move 8 these bills retain their place on the Third 9 Reading Calendar. 10 THE PRESIDENT: Amendments 11 received. 12 Senator Libous. 13 SENATOR LIBOUS: Thank you, 14 Madam President. 15 I would like to place a 16 sponsor's star on my bill, Calendar Number 52. 17 THE PRESIDENT: So ordered. 18 SENATOR LIBOUS: And on behalf 19 of Senator Alesi, Madam President, I wish to 20 call up his bill, Print Number 6133A, recalled 21 from the Assembly, which is now at the desk. 22 THE PRESIDENT: The secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 760, by Senator Alesi, Senate Print 6133A, an 1 act to amend the General Business Law. 2 SENATOR LIBOUS: I move to 3 reconsider the vote by which this bill was 4 passed. 5 THE PRESIDENT: Call the roll 6 on reconsideration, please. 7 (The Secretary called the roll 8 on reconsideration. ) 9 THE SECRETARY: Ayes 37. 10 SENATOR LIBOUS: I offer the 11 following amendments. 12 THE PRESIDENT: Amendments 13 received. 14 Senator Meier. 15 SENATOR MEIER: Madam 16 President, I wish to call up my bill, Print 17 Number 6927A, recalled from the Assembly, 18 which is now at the desk. 19 THE PRESIDENT: Secretary will 20 read. 21 THE SECRETARY: Calendar Number 22 887, by Senator Meier, Senate Print 6927A, an 23 act to amend the Military Law. 24 SENATOR MEIER: Madam 25 President, I now move to reconsider the vote 1 by which the bill was passed. 2 THE PRESIDENT: Call the roll 3 on reconsideration, please. 4 (The Secretary called the roll 5 on reconsideration. ) 6 THE SECRETARY: Ayes 37. 7 SENATOR MEIER: Madam Presi 8 dent, I now offer the following amendments. 9 THE PRESIDENT: Amendments 10 received. 11 SENATOR MEIER: Madam 12 President, I wish to call up Senator Spano's 13 bill, Print Number 5372B, recalled from the 14 Assembly, which is now at the desk. 15 THE PRESIDENT: Secretary will 16 read. 17 THE SECRETARY: Calendar Number 18 73, by Senator Spano, Senate Print 5372B, an 19 act to amend the Social Services Law. 20 SENATOR MEIER: I now move to 21 reconsider the vote by which this bill was 22 passed. 23 THE PRESIDENT: Call the roll 24 on reconsideration, please. 25 (The Secretary called the roll 1 on consideration. ) 2 THE SECRETARY: Ayes 37. 3 SENATOR MEIER: Madam Presi 4 dent, I now offer the following amendments. 5 THE PRESIDENT: Amendments 6 received. 7 SENATOR MEIER: Madam 8 President, I wish to call up Senator Saland's 9 bill, Print Number 5563, recalled from the 10 Assembly which is now at the desk. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 423, by Senator Saland, Senate Print 5563, an 15 act to authorize the Commissioner of General 16 Services. 17 SENATOR MEIER: I now move to 18 reconsider the vote by which this bill was 19 passed. 20 THE PRESIDENT: Call the roll 21 on reconsideration, please. 22 (The Secretary called the roll 23 on reconsideration. ) 24 THE SECRETARY: Ayes 37. 25 SENATOR MEIER: Madam Presi 1 dent, I now offer the following amendments. 2 THE PRESIDENT: Amendments 3 received. 4 SENATOR MEIER: Thank you, 5 Madam President. 6 THE PRESIDENT: Senator Rath. 7 SENATOR RATH: Madam President, 8 I wish to call up my bill, Print Number 3636, 9 recalled from the Assembly, which is now at 10 the desk. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 9, by Senator Rath, Senate Print 3636, an act 15 to amend the General Municipal Law. 16 SENATOR RATH: Madam President, 17 I now move to reconsider the vote by which 18 this bill was passed. 19 THE PRESIDENT: Call the roll 20 on reconsideration, please. 21 (The Secretary called the roll 22 on reconsideration. ) 23 THE SECRETARY: Ayes 37. 24 SENATOR RATH: Madam President, 25 I now offer the following amendments. 1 THE PRESIDENT: Amendments 2 received. 3 Senator Farley. 4 SENATOR FARLEY: Thank you, 5 Madam President. Would you please place a 6 sponsor's star on Calendar 870, Senate Print 7 6676, and on Calendar 872, S. 7375. 8 ACTING PRESIDENT MEIER: So 9 ordered. 10 The Secretary will now read the 11 substitutions. 12 THE SECRETARY: On page 47, 13 Senator Marcellino moves to discharge from the 14 Committee on Rules, Assembly Bill Number 15 5982A, and substitute it for the identical 16 Third Reading Calendar 1192. 17 On page 47, Senator Hannon 18 moves to discharge from the Committee on Rules 19 Assembly Bill Number 10851 and substitute it 20 for the identical Third Reading Calendar 1193. 21 ACTING PRESIDENT MEIER: 22 Substitutions ordered. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. 25 President, there is a resolution at the desk 1 sponsored by Senator Lack. May we please have 2 the title read and move for its immediate 3 adoption. 4 ACTING PRESIDENT MEIER: The 5 Secretary will read the title. 6 THE SECRETARY: By Senator Lack, 7 Legislative Resolution 3812, honoring Peter 8 White, a social studies teacher at Northport 9 High School, upon the occasion of his selec 10 tion as New York State Teacher of the Year. 11 ACTING PRESIDENT MEIER: The 12 question is on the resolution. All those in 13 favor of the resolution signify by saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 The resolution is adopted. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 there is a concurrent resolution at the desk, 21 3617; I ask that the title be read and move 22 for its immediate adoption. 23 ACTING PRESIDENT MEIER: The 24 Secretary will read. 25 THE SECRETARY: By Senator 1 Bruno, Concurrent Resolution 3617 of the Sen 2 ate and Assembly, authorizing the Temporary 3 President of the Senate and the Speaker of the 4 Assembly to file an election to make certain 5 officers and employees of joint legislative 6 employers eligible for the retirement incent 7 ive offered by Chapter 41 of the Laws of 1997 8 as extended by Chapter 47 of the Laws of 1998 9 as amended. 10 The Assembly sends for concur 11 rence Assembly Concurrent Resolution 2336, 12 identical with Senate Concurrent Resolution 13 3617. 14 ACTING PRESIDENT MEIER: 15 Substitution ordered. 16 The question is on resolu 17 tion. All those in favor signify by saying 18 aye. 19 (Response of "Aye."). 20 Opposed nay. 21 (There was no response. ) 22 The resolution is adopted. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 there is another resolution at the desk, 1 Number 3616; I ask that the title be read and 2 move for its immediate adoption. 3 ACTING PRESIDENT MEIER: 4 Secretary will read. 5 THE SECRETARY: By Senator 6 Bruno, Senate Resolution 3616, authorizing the 7 Temporary President of the Senate to file an 8 election to make certain officers or employees 9 of the Senate eligible for the retirement 10 incentive offered by Chapter 41 of the Laws of 11 1997 as extended by Chapter 47 of the Laws of 12 1998 as amended. 13 ACTING PRESIDENT MEIER: On the 14 resolution, all those in favor signify by 15 saying aye. 16 (Response of "Aye."). 17 Opposed nay. 18 (There was no response. ) 19 The resolution is adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 there is a resolution at the desk sponsored by 23 Senator Wright, which was adopted on June 2nd. 24 May we please have it read in its entirety? 25 ACTING PRESIDENT MEIER: The 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Wright, Legislative Resolution 3730, congrat 4 ulating and commending the 1998 New York State 5 winners of the United States Small Business 6 Administration Small Business Awards. 7 Whereas, small business owners 8 embody the entrepreneurial spirit which has 9 fueled the economy of our country since its 10 founding; and 11 Whereas, small businesses 12 create two out of every three new jobs and 13 train most workers entering our economy. They 14 account for 99.7 percent of all United States 15 employers and employ 60 percent of the private 16 work force. Small businesses are responsible 17 for 54 percent of all United States sales. 18 They account for 40 percent of the Gross 19 National Product and 21 percent of the 20 nation's exports. Small business owners 21 contribute significantly to New York State, 22 risking their personal wealth and devoting 23 countless hours to their businesses in order 24 to provide jobs and produce goods and services 25 for the people of the state of New York; and 1 Whereas, each year the United 2 States Small Business Administration, in part 3 nership with public and private sector small 4 business supporters, honors the outstanding 5 contributions of small business persons, advo 6 cates and exporters. The SBA's annual Small 7 Business Awards program recognizes the impor 8 tant contributions the small business commun 9 ity makes to the nation and the state's econ 10 omy in stimulating the economy and in creating 11 new job opportunities; and 12 Whereas, this legislative body 13 is proud to recognize and applaud the 1998 New 14 York State recipients of the United States 15 Small Business Administration's Small Business 16 Awards, all of whom exemplify the drive and 17 determination of small business people who 18 have brought success to both themselves and 19 New York State and to commend them for their 20 hard work and dedication to their businesses 21 and their communities; and 22 Whereas, the 23 1998 New York 23 State Small Business Award winners are: Small 24 Business Person of the Year, Christian 25 DelPrince, President of DelPrince Fashions, 1 Limited, Buffalo District; Lawrence A. 2 Castiglia, President of Tennyson Machine 3 Company, Incorporated, New York District; 4 Gilbert Rivera, President of M & G Water 5 proofing, Incorporated, New York District; and 6 William G. Ballard, President of Norwich Aero 7 Products, Incorporated, Syracuse District. 8 Minority Small Business 9 Advocate of the Year, Dorothy C. Johnson, 10 President of Johnson Security, Incorporated, 11 New York District. Women in Business Advocate 12 of the Year, Gretchen E. Stringer, Senior 13 Vice-president of the Non-profit Management 14 Center, Buffalo District; Judith K. Beckman, 15 Managing Director of Financial Solutions, New 16 York District; and Marilyn McCall Wiles, 17 President of ALERT, Syracuse District. 18 Veteran Small Business Advocate 19 of the Year, Gary R. Heuck, Local Veterans 20 Employment Representative, New York State 21 Department of Labor, Buffalo District; Michael 22 J. Handy, Director of the New York City 23 Mayor's Office of Veterans' Affairs, New York 24 District; and Harold E. Schultz, National 25 Service Officer/Supervisor, Disabled American 1 Veterans, Syracuse District. 2 Accountant Advocate of the 3 Year, James T. Keefe, partner at Fiddler and 4 Company, Buffalo District; and Rochelle C. 5 Barnett, partner at Marks Shron & Company, New 6 York District. 7 Financial Services Advocate of 8 the Year, Brenda L. Copeland, President and 9 Director of the Bank of Castile, Buffalo 10 District; Roslyn D. Goldmacher, Executive 11 Director of the Long Island Development 12 Corporation, New York District; and David 13 Terrenzio, Senior Vice-president and Senior 14 Loan Officer of the New York Business 15 Development Corporation and the Empire State 16 Certified Development Corporation, Syracuse 17 District. 18 Media Advocate of the Year, 19 Sylvia F. Paterson, Independent Television 20 Producer, New York District; and Elizabeth 21 Doran, Reporter, Syracuse Newspapers, Syracuse 22 District. 23 Small Business Exporter of the 24 Year, Olga Cohen, President of Olga G. Marcus 25 Cosmetics, Incorporated, New York District and 1 Jason Levinthal, President of Line Skiboards 2 Manufacturing, Incorporated, Syracuse District 3 Phoenix Award, Ursula Garreau 4 Rickenbacher, President and Chief Executive 5 Officer of Ursula of Switzerland, Syracuse 6 District; and Jeanie D. Roberts, Executive 7 Director of the American Red Cross, Clinton 8 Northern Essex Chapter, Syracuse District. 9 Welfare to Work Award, Richard 10 W. Rank, President of Rank's IGA, Buffalo 11 District. 12 Whereas, all these United 13 States Small Business Administration Award 14 winners have contributed through their success 15 and involvement in the small business sector 16 to the economic strength of their communities, 17 their state and their country; and 18 Whereas, these New Yorkers 19 exemplify the values of diligence, initiative 20 and independence which make small business 21 such a vital sector of New York State's 22 economy; now, therefore, be it 23 Resolved, that this legislative 24 body pause in its deliberations to extend its 25 congratulations to these New Yorkers upon the 1 occasion of their designation by the United 2 States Small Business Administration as 1998 3 Small Business Award winners and to express 4 its pleasure at having the opportunity to 5 honor them at a luncheon to be held on Monday, 6 June 8, 1998; and be it further 7 Resolved, that copies of this 8 resolution, suitably engrossed, be transmitted 9 to the aforementioned honorees. 10 SENATOR SKELOS: Mr. President. 11 ACTING PRESIDENT MEIER: 12 Senator Skelos. 13 SENATOR SKELOS: Prior to your 14 recognizing Senator Wright, there will be an 15 immediate meeting of the Rules Committee in 16 the Majority Conference Room. 17 ACTING PRESIDENT MEIER: 18 Immediate meeting of the Rules Committee in 19 the Majority Conference Room. 20 Senator Wright. 21 SENATOR WRIGHT: Thank you, Mr. 22 President. 23 Earlier today, I had the 24 privilege of joining Majority Leader Bruno, 25 Senator Present, as chair of the Economic 1 Development and Commerce Committee, to 2 recognize the award winners who were just 3 identified and recognized in the resolution 4 presented here to the Senate previously last 5 week when we formally adopted the resolution, 6 and today we actually have the awardees and 7 the award winners here joining us today in the 8 Capitol. 9 I think it's very evident to 10 all of us as we annually take up legislation 11 that addresses small business, the importance 12 that small business place in each of our 13 individual communities but as well to the 14 entire economy of the state of New York and 15 the strong recovery that small businesses have 16 made, particularly in the last four years as 17 this Senate, led by Senator Bruno, led by 18 Senator Stafford, as chair of the Finance 19 Committee, have delivered on the tax cuts that 20 have been promised, have delivered on the 21 reforms in Workers' Compensation, have changed 22 the estate laws so that small businesses not 23 only have the opportunity to receive a return 24 on their investment and grow that business, 25 but also have the opportunity to pass that 1 small business on to their family and to their 2 sons and daughters. 3 We're here today to recognize 4 and honor those individuals; and you'll notice 5 that the award winners represent businesses 6 and different types of businesses from 7 throughout the state, upstate and downstate, 8 all in their own successful endeavors have 9 accomplished what all New Yorkers want to see 10 accomplished for their businesses. 11 So I would ask the awardees to 12 stand and I would ask my colleagues to 13 recognize them. Thank you for joining us 14 today. 15 (Applause) 16 Thank you, Mr. President. 17 ACTING PRESIDENT MEIER: The 18 resolution was previously passed on June 2nd. 19 On behalf of the Senate, we 20 welcome you here today and we congratulate you 21 on your very impressive accomplishments. 22 Senator Kuhl. 23 SENATOR KUHL: Mr. President, 24 can we now take up the non-controversial 25 calendar, please? 1 ACTING PRESIDENT MEIER: The 2 Secretary will read the non-controversial 3 calendar. 4 THE SECRETARY: Calendar Number 5 558, by Senator Nozzolio, Senate Print 6333A, 6 an act to legalize, validate and confirm 7 certain actions with respect to the issuance 8 of serial bonds. 9 ACTING PRESIDENT MEIER: Read 10 the last section. 11 THE SECRETARY: Section 3. 12 This act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call 14 the roll. 15 (The Secretary called the 16 roll. ) 17 THE SECRETARY: Ayes 47. 18 ACTING PRESIDENT MEIER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 612, by Senator Velella, Senate Print 577C, an 22 act to amend the Insurance Law, in relation to 23 providing premium reductions. 24 ACTING PRESIDENT MEIER: Read 25 the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first day of 3 June. 4 ACTING PRESIDENT MEIER: Call 5 the roll. 6 (The Secretary called the 7 roll. ) 8 THE SECRETARY: Ayes 47. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 836, by Senator Volker, Senate Print 5009B, an 13 act to amend the Civil Practice Law and Rules, 14 in relation to requiring disclosure. 15 ACTING PRESIDENT MEIER: Read 16 the last section. 17 THE SECRETARY: Section 3. 18 This act shall take effect in 60 days. 19 ACTING PRESIDENT MEIER: Call 20 the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 47. 24 ACTING PRESIDENT MEIER: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 864, by Senator Marchi, Senate Print 6646B, an 3 act to amend the Business Corporation Law, the 4 Limited Liability Company Law and the 5 Partnership Law, in relation to mergers. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 9. 9 This act shall take effect in 60 days. 10 ACTING PRESIDENT MEIER: Call 11 the roll. 12 (The Secretary called the 13 roll. ) 14 THE SECRETARY: Ayes 47. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 868, by Senator Farley, Senate Print 4717B, an 19 act to amend the Banking Law, the Estates 20 Powers and Trusts Law, and others, in relation 21 to including the Uniform Transfers to Minors 22 Act. 23 ACTING PRESIDENT MEIER: Read 24 the last section. 25 THE SECRETARY: Section 9. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll. ) 6 THE SECRETARY: Ayes 47. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 919, by Senator DeFrancisco, Senate - 11 SENATOR KUHL: Lay the bill 12 aside for the day, please. 13 ACTING PRESIDENT MEIER: Lay 14 the bill aside for the day. 15 THE SECRETARY: Calendar Number 16 915, by member of the Assembly Clark, Assembly 17 Print 9827, an act to amend Chapter 993 of the 18 Laws of 1981. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 THE SECRETARY: Section 2. 22 This act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call 24 the roll. 25 (The Secretary called the 1 roll. ) 2 THE SECRETARY: Ayes 47. 3 ACTING PRESIDENT MEIER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 923, by member of the Assembly Sweeney, 7 Assembly Print 10023A, an act to amend the 8 Public Health Law, in relation to making a 9 technical correction. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll. ) 18 THE SECRETARY: Ayes 47. 19 ACTING PRESIDENT MEIER: 20 Senator Kuhl. 21 SENATOR KUHL: Mr. President, 22 can we go back to 868? 23 ACTING PRESIDENT MEIER: The 24 Secretary will read. 25 SENATOR KUHL: I would like to 1 have the Secretary read -- well, maybe I 2 should do it this way, Mr. President. I would 3 like to move to reconsider the vote by which 4 Calendar Number 864 passed the house. 5 ACTING PRESIDENT MEIER: The 6 Secretary will call the roll on 7 reconsideration. 8 THE SECRETARY: Calendar Number 9 864, by Senator Marchi, Senate Print 6646B, an 10 act to amend the Business Corporation Law. 11 SENATOR KUHL: Now, Mr. Presi 12 dent, I understand there is a substitution at 13 the desk; can we have that read, please. 14 ACTING PRESIDENT MEIER: We'll 15 have to lay it aside, Senator. It's not at 16 the desk yet. 17 SENATOR KUHL: Okay. Lay the 18 bill aside temporarily. 19 ACTING PRESIDENT MEIER: The 20 bill will be temporarily laid aside. 21 Secretary will call the roll on 22 reconsideration on Calendar 864. 23 (The Secretary called the roll 24 on reconsideration. ) 25 THE SECRETARY: Ayes 47. 1 ACTING PRESIDENT MEIER: The 2 bill will be temporarily laid aside. The 3 Secretary will resume in regular order. 4 THE SECRETARY: Calendar 919, 5 by Senator Volker, Senate Print 395, an act to 6 amend the Public Health Law, and others, in 7 relation to establishing a program. 8 SENATOR OPPENHEIMER: Lay it 9 aside - 10 SENATOR VOLKER: Excuse me, Mr. 11 President. Would you lay that aside for the 12 day, please? 13 ACTING PRESIDENT MEIER: The 14 bill will be laid aside for the day at the 15 request of the sponsor. 16 THE SECRETARY: Calendar Number 17 936, by Senator Maltese, Senate Print 7021A, 18 an act to amend the Public Officers Law, in 19 relation to the conviction of persons. 20 ACTING PRESIDENT MEIER: Read 21 the last section. 22 THE SECRETARY: Section 2. 23 This act shall take effect immediately. 24 ACTING PRESIDENT MEIER: Call 25 the roll. 1 (The Secretary called the 2 roll. ) 3 THE SECRETARY: Ayes 47. 4 ACTING PRESIDENT MEIER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 957, by Senator LaValle, Senate Print 5370A, 8 an act to amend the Education Law, in relation 9 to the duty of school districts. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 3. 13 This act shall take effect July 1. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll. ) 18 THE SECRETARY: Ayes 47. 19 ACTING PRESIDENT MEIER: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1000, by Senator Holland, Senate Print 6005, 23 an act to amend the Social Services Law, in 24 relation to access to the statewide register. 25 ACTING PRESIDENT MEIER: Read 1 the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call 5 the roll. 6 (The Secretary called the 7 roll. ) 8 THE SECRETARY: Ayes 47. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1035, by Senator Lack, Senate Print 1265, an 13 act in relation to certain assessment 14 decisions rendered in the county of Suffolk. 15 ACTING PRESIDENT MEIER: Read 16 the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call 20 the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 47. 24 ACTING PRESIDENT MEIER: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 1037, by Senator Balboni, Senate Print 7362, 3 an act authorizing the assessor of the county 4 of Nassau. 5 ACTING PRESIDENT MEIER: Read 6 the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call 10 the roll. 11 (The Secretary called the 12 roll. ) 13 THE SECRETARY: Ayes 46, nays 14 one, Senator Dollinger recorded in the 15 negative. 16 ACTING PRESIDENT MEIER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1038, by Senator Meier, Senate Print 7426, an 20 act to authorize the town of New Hartford to 21 discontinue certain park land. 22 ACTING PRESIDENT MEIER: There 23 is a home rule message at the desk. Read the 24 last section. 25 THE SECRETARY: Section 3. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll. ) 6 THE SECRETARY: Ayes 46, nays 7 one, Senator Dollinger recorded in the 8 negative. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1183, by Senator Kuhl, Senate Print 1347B, an 13 act to amend the Public Service Law, in 14 relation to the establishment of rates and 15 charges. 16 ACTING PRESIDENT MEIER: There 17 is a home rule message at the desk. Read the 18 last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 SENATOR DOLLINGER: Is this 22 1185? 23 ACTING PRESIDENT MEIER: 1183. 24 SENATOR DOLLINGER: My 25 apologies. 1 ACTING PRESIDENT MEIER: Read 2 the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call 6 the roll. 7 (The Secretary called the 8 roll. ) 9 THE SECRETARY: Ayes 47. 10 ACTING PRESIDENT MEIER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1184, by Senator Wright, Senate Print 1416B, 14 an act to amend the Tax Law, in relation to 15 adding mining and extraction reimbursements. 16 ACTING PRESIDENT MEIER: Read 17 the last section. 18 THE SECRETARY: Section 3. 19 This act shall take effect on the first day of 20 January. 21 ACTING PRESIDENT MEIER: Call 22 the roll. 23 (The Secretary called the 24 roll. ) 25 THE SECRETARY: Ayes 47. 1 ACTING PRESIDENT MEIER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1185, by Senator Montgomery, Senate Print 5 2575B, an act authorizing the city of New 6 York. 7 ACTING PRESIDENT MEIER: The 8 bill will be temporarily laid aside while we 9 wait for the substitution. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1186, by Senator Leibell, Senate Print 2920, 13 an act to amend the Public Authorities Law, in 14 relation to loan insurance. 15 ACTING PRESIDENT MEIER: Read 16 the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call 20 the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 47. 24 ACTING PRESIDENT MEIER: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 1187, by Senator Rath, Senate Print 4413, an 3 act to amend the Surrogate's Court Procedure 4 Act, in relation to petitions for guardian 5 ship. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 4. 9 This act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call 11 the roll. 12 (The Secretary called the 13 roll. ) 14 THE SECRETARY: Ayes 47. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1189, by Senator Alesi, Senate Print 6093, an 19 act to amend the Penal Law, in relation to the 20 minimum sentence upon conviction. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect on the first day of 25 November. 1 ACTING PRESIDENT MEIER: Call 2 the roll. 3 (The Secretary called the 4 roll. ) 5 THE SECRETARY: Ayes 47. 6 ACTING PRESIDENT MEIER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1190, by Senator DeFrancisco, Senate Print 10 6524, an act to amend the Highway Law, in 11 relation to the state highway system in 12 Onondaga County. 13 ACTING PRESIDENT MEIER: Read 14 the last section. 15 THE SECRETARY: Section 2. 16 This act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call 18 the roll. 19 (The Secretary called the 20 roll. ) 21 THE SECRETARY: Ayes 47. 22 ACTING PRESIDENT MEIER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1191, by Senator Balboni, Senate Print 6630, 1 an act to amend the Penal Law, in relation to 2 establishing a new crime of unlawfully dealing 3 with a child. 4 ACTING PRESIDENT MEIER: Read 5 the last section. 6 THE SECRETARY: Section 4. 7 This act shall take effect on the first day of 8 January. 9 ACTING PRESIDENT MEIER: Call 10 the roll. 11 (The Secretary called the 12 roll. ) 13 THE SECRETARY: Ayes 47. 14 ACTING PRESIDENT MEIER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1192, substituted earlier today, by member of 18 the Assembly Sidikman, Assembly Print 5982A, 19 an act to amend the Criminal Procedure Law, in 20 relation to victim impact statements. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect immediately. Call. 25 ACTING PRESIDENT MEIER: Call 1 the roll. 2 (The Secretary called the 3 roll. ) 4 THE SECRETARY: Ayes 47. 5 ACTING PRESIDENT MEIER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1193, substituted earlier today by the 9 Assembly Committee on Rules, Assembly Print 10 10851, an act to amend the Chapter 904 of the 11 Laws of 1984, amending the Public Health Law. 12 ACTING PRESIDENT MEIER: Read 13 the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call 17 the roll. 18 (The Secretary called the 19 roll. ) 20 THE SECRETARY: Ayes 47. 21 ACTING PRESIDENT MEIER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1194, by Senator Volker, Senate Print 7356, an 25 act to amend the Tax Law, in relation to 1 exempting certain sales of Internet access 2 service. 3 ACTING PRESIDENT MEIER: Read 4 the last section. 5 THE SECRETARY: Section 4 - 6 SENATOR DOLLINGER: Lay that 7 bill aside. 8 ACTING PRESIDENT MEIER: Lay 9 the bill aside. 10 THE SECRETARY: Calendar Number 11 1195, by Senator Spano, Senate Print 7507, an 12 act to amend the Tax Law, in relation to 13 creating an exemption to the petitioner's 14 burden of proof. 15 SENATOR KUHL: Lay the bill 16 aside for the day, please. 17 ACTING PRESIDENT MEIER: Lay 18 the bill aside for the day. 19 THE SECRETARY: Calendar Number 20 1197, by Senator Fuschillo, Senate Print 7542, 21 an act to amend the Vehicle and Traffic Law, 22 in relation to the right-of-way of vehicles. 23 ACTING PRESIDENT MEIER: Read 24 the last section. 25 THE SECRETARY: Section 3. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll. ) 6 THE SECRETARY: Ayes 47. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1199, by Senator Bruno, Senate Print 7565, an 11 act to authorize the city of Troy, county of 12 Rensselaer, to discontinue the use and convey 13 certain park lands. 14 ACTING PRESIDENT MEIER: There 15 is a home rule message at the desk. Read the 16 last section. 17 THE SECRETARY: Section 4. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call 20 the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 51. 24 ACTING PRESIDENT MEIER: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 1200, by Senator Volker, Senate Print 7591, an 3 act to authorize the participation of the 4 county of Erie in the renovation and operation 5 of the county stadium sports and entertainment 6 complex. 7 ACTING PRESIDENT MEIER: There 8 is a home rule message at the desk. Read the 9 last section. 10 THE SECRETARY: Section 8. 11 This act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call 13 the roll. 14 (The Secretary called the 15 roll. ) 16 THE SECRETARY: Ayes 51. 17 ACTING PRESIDENT MEIER: The 18 bill is passed. 19 Senator Kuhl, that completes 20 the reading of the non-controversial calendar. 21 SENATOR KUHL: Have the 22 substitutions arrived on the two bills that 23 were laid aside? 24 ACTING PRESIDENT MEIER: The 25 desk is checking on that status. 1 SENATOR KUHL: Can we return to 2 motions and resolutions. I understand there's 3 an amendment motion at the desk. 4 ACTING PRESIDENT MEIER: 5 Senator Marcellino. 6 SENATOR MARCELLINO: Thank you, 7 Mr. President. On behalf of Senator Balboni, 8 on page number 41, I offer the following 9 amendments to Calendar Number 1092, Senate 10 Print Number 7200, and ask that said bill 11 retain its place on the Third Reading 12 Calendar. 13 ACTING PRESIDENT MEIER: 14 Amendments are received and the bill will 15 retain its place on the Third Reading 16 Calendar. 17 SENATOR KUHL: Mr. President, 18 may we take up the controversial calendar and 19 make the substitutions as we reach each bill 20 in order? 21 ACTING PRESIDENT MEIER: The 22 Secretary will read. 23 THE SECRETARY: On page 27, 24 Senator Marchi moves to discharge from the 25 Committee on Rules, Assembly Bill Number 1 10104A and substitute it for the identical 2 Third Reading Calendar 864. 3 ACTING PRESIDENT MEIER: 4 Substitution ordered. 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 864, by member of the Assembly Vann, Assembly 8 Print 10104A, an act to amend the Business 9 Corporation Law, the Limited Liability Company 10 Law and the Partnership Law. 11 ACTING PRESIDENT MEIER: Read 12 the last section. 13 THE SECRETARY: Section 2. 14 This act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call 16 the roll. 17 (The Secretary called the 18 roll. ) 19 THE SECRETARY: Ayes 51. 20 ACTING PRESIDENT MEIER: The 21 bill is passed. 22 THE SECRETARY: On page 46, 23 Senator Montgomery moves to discharge from the 24 Committee on Rules, Assembly Bill Number 4212B 25 and substitute it for the identical Third 1 Reading Calendar 1185. 2 ACTING PRESIDENT MEIER: 3 Substitution ordered. 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1185, by member of the Assembly Vann, Assembly 7 Print 4212B, an act authorizing the city of 8 New York to reconvey its interest in certain 9 real property. 10 ACTING PRESIDENT MEIER: Read 11 the last section -- there is a home rule 12 message at the desk. Read the last section. 13 THE SECRETARY: Section 2. 14 This act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call 16 the roll. 17 (The Secretary called the 18 roll. ) 19 THE SECRETARY: Ayes 51. 20 ACTING PRESIDENT MEIER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1194, by Senator Volker, Senate Print 7356, an 24 act to amend the Tax Law, in relation to 25 exempting certain sales of Internet access 1 service. 2 SENATOR DOLLINGER: Explanation 3 just briefly, Mr. President, if I could. 4 ACTING PRESIDENT MEIER: 5 Senator Volker, an explanation has been 6 requested by Senator Dollinger. 7 SENATOR VOLKER: Mr. President, 8 this is a Governor's program bill which, in 9 all candor, follows up on a bill that passed 10 this house last year, essentially the same 11 bill, except that this bill, according to the 12 Governor's memo, provides even more coverage 13 to exempt Internet services, Internet access 14 of related services from state and local sales 15 taxes. 16 The real truth about this bill 17 is that it codifies a regulation of the Tax 18 Department which was promulgated, I believe, 19 in February of 1997. 20 As I say, we had had a bill, 21 Assemblyman Shimminger and I had had a bill 22 which was vetoed and the veto message said 23 that the reason it was vetoed was because of 24 the fact that the Governor's office felt that 25 a broader bill that would cover the entire 1 area was necessary. 2 So, in keeping with that, 3 that's exactly what this bill does and it 4 deals with a couple of areas that were of 5 concern to the Governor's office in relation 6 to out-of-state services in this state because 7 -- and I guess there was some confusion by 8 some people in the committee meeting as to 9 whether it would encourage people who were out 10 of state to stay out of state; but, in 11 reality, what the language would do is to make 12 sure that people who deal with Internet 13 services within this state and who gain 14 revenue from it are not covered by sales 15 taxes. 16 One of the problems here is, 17 from what I've heard rumblings of it across 18 the country that some other states have kind 19 of looked at this and said, "You know, this is 20 a good source of revenue. Maybe this is not 21 such a good idea." But we, in New York, 22 shouldn't take that attitude. The attitude we 23 should take is that Internet services of this 24 kind should not be taxed, and I think the Tax 25 Department has already taken that position and 1 we think that this bill is necessary to make 2 sure that such services are not taxed. 3 ACTING PRESIDENT MEIER: 4 Senator Dollinger. 5 SENATOR DOLLINGER: Thank you, 6 Mr. President. 7 Senator Volker, I think you 8 responded to half of the questions that I 9 asked in the Finance Committee and I think 10 you're accurate with respect to the text of 11 the bill. 12 Through you, Mr. President, if 13 the sponsor will yield to just one question. 14 ACTING PRESIDENT MEIER: Does 15 the sponsor yield? 16 SENATOR VOLKER: Certainly. 17 ACTING PRESIDENT MEIER: The 18 Senator yields. 19 Senator Dollinger. 20 SENATOR DOLLINGER: Does this 21 mean that the out-of-state seller of product, 22 who puts his display ad on the Internet, that 23 if a sale occurs based on that ad, that 24 solicitation, that the sale is not subject to 25 New York State sales tax? 1 SENATOR VOLKER: My counsel, I 2 didn't realize he was here, scared me just 3 now, that's why I was kind of jolted. 4 What I understand it would do, 5 standing alone, I suppose that it might; but 6 what the bill really stands for is it would 7 have to have some connections in New York in 8 order not to be taxed. 9 Now, if, however, the state 10 where that Internet sale originated from was 11 not taxed, then it would continue not to be 12 taxed in New York. I don't know if you know 13 what I mean. 14 SENATOR DOLLINGER: Yes. 15 SENATOR VOLKER: In other 16 words, we really can only tax Internet 17 services that either originate from New York 18 or are services that, in effect, are taxed by 19 someone out of state. But if they are not 20 taxed by anyone out of state, we cannot tax 21 that service and that's one of the things this 22 makes clear because we would then have, if you 23 think about it, an interstate commerce problem 24 and this bill doesn't change that, except to 25 make sure that we don't have that kind of 1 problem, otherwise we'd have a constitutional 2 problem. 3 SENATOR DOLLINGER: Right. 4 Through you, Mr. President, 5 just one other question. 6 ACTING PRESIDENT MEIER: Does 7 the Senator yield for another question? 8 SENATOR VOLKER: I do. 9 ACTING PRESIDENT MEIER: The 10 Senator yields. 11 Senator Dollinger. 12 SENATOR DOLLINGER: My 13 understanding is that this bill would not 14 alter the issue of the nexus between the 15 seller of the product at some remote location 16 and the buyer here in New York to affect both 17 taxation and jurisdiction of our courts. It 18 has no effect -- that's an independent inquiry 19 apart from this. 20 SENATOR VOLKER: That's 21 correct. 22 SENATOR DOLLINGER: Okay. 23 SENATOR VOLKER: And that's 24 really the issue. I guess if there was really 25 an issue in last year's bill it may be that 1 this really is kind of it because there was a 2 question in that bill whether we amended the 3 right section of the Tax Law and whether we 4 may have -- could have created a 5 constitutional issue, and apparently this part 6 of the bill is what is an attempt to resolve 7 that issue and the answer is yes, we don't 8 change that. 9 SENATOR DOLLINGER: Okay. 10 Through you, Mr. President. 11 ACTING PRESIDENT MEIER: 12 Senator Dollinger. 13 SENATOR DOLLINGER: I 14 appreciate Senator Volker helping me 15 understands this bill and I'm going to vote in 16 favor of this bill, but I do think that the 17 broader issue that's left unanswered in this 18 bill is one that we have to pay attention to 19 because the question will arise whether the 20 use of the Internet as the advertising tool 21 creates a sufficient nexus for the New York 22 courts to exercise jurisdiction. That may not 23 be the case under this bill, but it seems to 24 me we have to keep in mind one thing, which is 25 that many of the purchases over the Internet 1 are the same kind of purchases that you would 2 otherwise go to your local retail store to 3 make, you're buying clothes through the 4 Internet, you're buying personal articles. 5 They may not be of significant cost, but you 6 buy through the Internet, you use the 7 advertising mechanism of the Internet, you 8 dial up or even click the little icon and you 9 order it right over the Internet. 10 My concern is that if that 11 doesn't establish some nexus with New York 12 State, we're going to find that there is the 13 potential for rampant consumer fraud in these 14 transactions. And the New York resident who 15 pays $50 for a shirt or $50 for a Buffalo 16 Bills jacket or something from out of state 17 that's shipped into this state will find that 18 they have virtually no remedy because their 19 only solution will be to go to the home state 20 or go to a foreign nation in order to enforce 21 their rights, which means that they will be 22 stripped of everything, the jurisdictional 23 protections that would otherwise occur in New 24 York State, and my concern is that you set up 25 a Bermuda corporation, a mail house in 1 Bermuda, you toss your advertising icon onto 2 the Internet; Michael Dollinger, 19-year-old 3 son of a state Senator, dials it up on his 4 machine, keeps clicking the icon, makes the 5 order, puts his credit card number in, or 6 what's worse, his father's, and ends up in a 7 position where the goods don't arrive or they 8 arrive in a defective way and he has no remedy 9 because his only solution would be to go out 10 and sue the supplier in Bermuda. I think 11 that's an issue that we need to reexplore. 12 I appreciate Senator Volker 13 saying that this does not affect that, but 14 this does move us down the road to a decision 15 in which we would relinquish the jurisdiction 16 of the New York courts over this transaction, 17 and I'm concerned about the precedent that it 18 may be setting for our consumers in the 19 future. 20 I'll vote in favor of it with 21 the guarded caution that this is not creating 22 a precedent that we would rely on in the 23 future, it's just to deal with the specific 24 Internet access issue that Senator Volker 25 articulated a minute ago. Thank you. 1 SENATOR VOLKER: Mr. 2 President. 3 ACTING PRESIDENT MEIER: 4 Senator Volker. 5 SENATOR VOLKER: Let me just 6 quickly say I think that is potentially a 7 problem down the line. This bill doesn't 8 really impact on that and it's one of the 9 issues that we've been talking with the 10 Attorney General about; and there is, I 11 believe, some legislation that is being 12 contemplated dealing with the Internet and 13 that is one of the issues that my counsel was 14 saying, in a sense, it's no different than 15 some of the telephone issues we're trying to 16 deal with now, and they are very serious 17 issues because you're confronted by the issue 18 of interstate commerce and the Constitution 19 and all the rest of the things, but it is 20 something that will have to be looked at, but 21 we don't believe that this bill has any real 22 impact on that. 23 ACTING PRESIDENT MEIER: 24 Senator Dollinger. 25 SENATOR DOLLINGER: If I could 1 just respond to Senator Volker, I agree in 2 reading the text of this, I think it's 3 narrowly drafted enough so it doesn't affect 4 that. We may or may not be setting a 5 precedent; we may be moving down that road. 6 I appreciate the fact that the 7 chairman of the Codes Committee recognizes 8 that what we're doing here serves a good 9 purpose. To do something similar that would 10 have broad implications on the recovery of 11 consumers might not be a good thing. 12 So, as I see this bill, it's 13 tightly enough drafted to serve the purpose 14 that Senator Volker articulated, but I don't 15 want to some day be accused I've already made 16 a commitment to do this and relinquish 17 jurisdiction over these companies in the 18 future. 19 I note just for the record that 20 we have done a lot of work in the Gaming, 21 Wagering and Racing Committee to deal with the 22 issue of Internet gambling and how we deal 23 with that, what jurisdiction do we exercise, 24 what do we require of those who post gambling 25 services on the Internet. That may also be a 1 somewhat questionable constitutional exercise 2 of our jurisdiction, but it seems to me we've 3 got to, at some point, broach those issues 4 because this tool, at least from my 5 perspective, 10 or 15 years from now will be 6 the source of an enormous volume goods and 7 services that will be sold right through the 8 Internet. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MEIER: Read 11 the last section. 12 THE SECRETARY: Section 4. 13 This act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call 15 the roll. 16 (The Secretary called the 17 roll. ) 18 THE SECRETARY: Ayes 54. 19 ACTING PRESIDENT MEIER: The 20 bill is passed. 21 Senator Kuhl, that completes 22 the reading of the controversial calendar. 23 SENATOR KUHL: May we return to 24 motions and resolutions? I believe that there 25 is a privileged resolution by Senator Connor 1 at the desk. I would ask that the title be 2 read in its entirety and that you recognize 3 Senator Connor to speak to the resolution. 4 ACTING PRESIDENT MEIER: The 5 Secretary will read. 6 THE SECRETARY: By Senator 7 Connor, Legislative Resolution 3873, honoring 8 the memory of Robert Francis Kennedy on the 9 30th Anniversary of his death. 10 ACTING PRESIDENT MEIER: 11 Senator Connor. 12 SENATOR CONNOR: Thank you, Mr. 13 President. This is one of those sad 14 anniversaries that from time to time we 15 commemorate in American history; sad because 16 it marks the tragic death, the assassination, 17 of our United States Senator from the state of 18 New York, the late Robert Francis Kennedy. 19 But at times like this, 30 20 years having passed, it also is appropriate to 21 commemorate his life and some of the meaning 22 that that has for us today. 23 Mr. President, I was a younger 24 man 30 years ago, I was, in fact a law 25 student, avidly watching the 1968 presidential 1 primaries. Senator Kennedy entered the 2 primaries and then won, I believe, four of the 3 six primaries he was in, and this was an era 4 when you didn't have to necessarily run in all 5 the primaries in either party to run for 6 president. Indeed, most candidates stayed out 7 of the primaries on their way to the 8 nomination, and that was true in both parties, 9 and I don't think it's true in either party 10 any more. But, it was a different era. 11 Senator Kennedy's tragic death 12 after his greatest primary victory, that of 13 California, shocked the nation. It shocked a 14 nation to see the second brother in public 15 life in the United States cut down at an early 16 age. It certainly saddened the nation to see 17 a father of so many young children, indeed one 18 not yet born, cut down in his prime. 19 Senator Kennedy had a career of 20 many dimensions for a man who was so young at 21 his death. He had served as counsel, indeed 22 on a famous committee chaired by Senator 23 McCarthy; he resigned from that committee and 24 later went back and worked for the committee 25 when Senator McClellan was in charge of it, 1 and they investigated abuses in the labor 2 movement. He was the Attorney General of the 3 United States; he was his brother, President 4 Kennedy's, campaign manager, and he was our 5 United States Senator from New York. He was a 6 man whose political philosophy and appeal 7 evolved over the short years he was active in 8 public life. 9 I commend to anyone that they 10 read some of the bio's about Senator Kennedy 11 and you will see there the development of a 12 philosophy of public service. It avoids the 13 stereotypes that we tend to throw around in 14 politics these days. In some matters, by 15 today's standards, we would say he was 16 Conservative. In other matters, by today's 17 standards, we would stay, "Oh, he was a 18 Liberal." Indeed what I thought was rather 19 interesting was his own attempt to define 20 himself, using both descriptions, Conservative 21 and Liberal. 22 We tend now by today's 23 controversies to look back at President 24 Kennedy and Senator Kennedy through today's 25 lenses and say, "Oh, they would have, if they 1 were here today," what they would have done. 2 Who knows what they would have done. We only 3 know what they did do. And we know that 4 Senator Kennedy evolved into a compassionate, 5 caring, public official who cared about 6 bringing Americans together of all races and 7 creeds, who provided hope in that 1968 8 campaign to many, many people at a time when 9 the nation was deeply divided over issues 10 involving racial conflict, involving the war 11 in Vietnam, conflicts that we, 30 years later, 12 still in some respects in our public life bear 13 the legacy of. 14 Indeed, I think as New Yorkers 15 we can be proud that Senator Kennedy did serve 16 as the United States Senator from New York, 17 and we all in our private moments can wonder 18 what this country and what this state would 19 have been like had he lived his public life to 20 its natural end, be that a victory or defeat 21 in elections. I think all of us who are in 22 public life certainly aspire to fulfill our 23 careers; and if it must be ended, let it be 24 ended by the voters, not by a madman's bullet. 25 But that said, Mr. President, I 1 would ask all my colleagues -- and I note 2 they've all joined in co-sponsoring this 3 resolution commemorating this great man on the 4 positive anniversary of his death. Thank you. 5 ACTING PRESIDENT BALBONI: 6 Thank you, Senator Connor. 7 Senator Marchi. 8 SENATOR MARCHI: Mr. President, 9 I had the pleasure, oh, I guess, in the early 10 '40s I was giving instruction under the 11 release time provision and I had both Bobby 12 Kennedy and his friend, and I don't remember 13 his name now, but he was the son of Ed Flynn, 14 who was the chairman of the Democratic Party 15 in the Bronx, and he was bright, perceptive, 16 with the saving grace of humor, and it was 17 just a delight to have him in the class. 18 In speaking to people who knew 19 all of the Kennedies, the Kennedy family, and 20 some of my family did, no one would dispute 21 the fact that of all the Kennedies, regardless 22 of how their abilities or their capabilities 23 or intensity and dedication to work, that he 24 easily led them all. He was assiduous in his 25 pursuit, the discharge of his responsibilities 1 on the highest possible plain. 2 Some may say he was controvers 3 ial; and the only way not to be controversial 4 is not to do anything. Certainly I echo the 5 remarks of Senator -- the Minority Leader on 6 this -- on his comments, and I'm very happy to 7 see it observed, as it should be, on what 8 seemed like an incredibly long time, 30 years 9 of his passing. 10 ACTING PRESIDENT BALBONI: 11 Thank you, Senator Marchi. 12 On the resolution, all those in 13 favor signify by saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 The resolution is adopted. 18 Senator Kuhl. 19 SENATOR KUHL: Yes, Mr. 20 President. May we now go to reports of 21 standing committees? I understand there is a 22 report of the Rules Committee at the desk and 23 ask that it be read. 24 ACTING PRESIDENT BALBONI: The 25 Secretary will read. 1 THE SECRETARY: Senator Bruno, 2 from the Committee on Rules, reports the 3 following bills direct to third reading: 4 Senate Print 419B, by Senator Goodman, an act 5 to amend the Vehicle and Traffic Law; 1705, by 6 Senator Marchi, an act to amend the Mental 7 Hygiene Law; 1932, by Senator Padavan, an act 8 to amend the Vehicle and Traffic Law and the 9 Administrative Code of the city of New York; 10 2058, by Senator Kuhl, an act 11 to amend the Workers' Compensation Law; 12 2618A, by Senator Lachman, an 13 act to amend the Public Authorities Law; 14 2971, by Senator DeFrancisco, 15 an act to amend the General Obligations Law; 16 3259, by Senator Kuhl, an act 17 to amend the Highway Law; 18 4460, by Senator Rath, an act 19 to amend the Social Services Law; 20 5137, by Senator Marcellino, an 21 act to amend the Criminal Procedure Law; 22 6047B, by Senator Johnson, an 23 act to amend the Civil Rights Law; 24 6380, by Senator Nozzolio, an 25 act to amend the Vehicle and Traffic Law; 1 6480, by Senator Wright, an act 2 to amend the Tax Law; 6526, by Senator 3 Onorato, an act authorizing the city of New 4 York to reconvey its interests; 5 6637, by Senator Sampson, an 6 act to authorize the city of New York; 6666, 7 by Senator Marchi, an act to amend the 8 Business Corporation Law, and others; 9 6773, by Senator Alesi, an act 10 to amend the Tax Law; 11 6852, by Senator Goodman, an 12 act to amend the Public Officers Law; 13 6956, by Senator Alesi, an act 14 to amend the Vehicle and Traffic Law and the 15 Insurance Law; 7023, by Senator Maltese, an 16 act to amend the Election Law; 17 7400, by Senator Johnson, an 18 act to amend the Vehicle and Traffic Law; 19 7427, by Senator Johnson, an 20 act to repeal section 10-B of the Highway Law; 21 7444, by Senator Balboni, an 22 act to amend the Penal Law; 23 7469, by Senator Seward, an act 24 to amend the Insurance Law; 25 7489A, by Senator Stafford, an 1 act to amend the State Finance Law; 2 7508, by Senator Present, an 3 act to amend the Public Authorities Law; 4 7517, by Senator Johnson, an 5 act to amend the Vehicle and Traffic Law; 6 7536, by Senator Holland, an 7 act to amend the Vehicle and Traffic Law; 8 And 7556, by Senator Stafford, 9 an act to amend the Public Officers Law. 10 All bills ordered direct for 11 third reading. 12 ACTING PRESIDENT BALBONI: 13 Senator Kuhl. 14 SENATOR KUHL: Yes, Mr. 15 President. I move we accept the report of the 16 Rules Committee. 17 ACTING PRESIDENT BALBONI: All 18 those in favor of accepting the report of the 19 Rules Committee, significant by saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response. ) 23 The report is accepted. 24 SENATOR KUHL: Thank you. 25 Would you recognize Senator 1 Montgomery, please? 2 ACTING PRESIDENT BALBONI: 3 Senator Montgomery. 4 SENATOR MONTGOMERY: Mr. 5 President, I would like unanimous consent to 6 be reported in the negative on Calendar 7 Numbers 1189 and 1191. 8 ACTING PRESIDENT BALBONI: 9 Without exception, so ordered. 10 Senator Kuhl. 11 SENATOR KUHL: Is there any 12 housekeeping at the desk? 13 ACTING PRESIDENT MEIER: No, 14 there is not, Senator. 15 SENATOR KUHL: Then I move at 16 this time to adjourn until tomorrow, June 9th, 17 usual time, 3 p.m. 18 ACTING PRESIDENT MEIER: Thank 19 you, Senator. 20 On motion of the Senator, the 21 Senate stands adjourned until Tuesday, June 22 9th at 3 p.m. 23 (Whereupon, at 4:03 p.m., the 24 Senate adjourned. ) 25