Thursday, June 18, 1998

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 18, 1998 11 10:05 A.M. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CHARLES D. COOK, Acting 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 ACTING PRESIDENT COOK: The 3 Senate will come to order. Please join me in 4 the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 In the absence of clergy, 8 please may we join in a moment of silence. 9 (A moment of silence was 10 observed.) 11 Reading of the Journal. 12 Secretary will read the Journal. 13 THE SECRETARY: In Senate, 14 Wednesday, June 17th. The Senate met pursuant 15 to adjournment. The Journal of Tuesday, June 16 16th, was read and approved. On motion, Senate 17 adjourned. 18 ACTING PRESIDENT COOK: Hearing 19 no objection, the Journal stands approved as 20 read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 24 Reports of standing 25 committees. 1 Reports of select committees. 2 Communication and reports from 3 state officers. 4 Motions and resolutions. 5 Senator Meier. 6 ACTING PRESIDENT MEIER: Mr. 7 President, on page number 21, I offer the 8 following amendments to Calendar Number 788, 9 Senate Print Number 6796-A, and ask that said 10 bill retain its place on the Third Reading 11 Calendar. 12 ACTING PRESIDENT COOK: 13 Amendments received and adopted. Bill will 14 retain its place on the Third Reading 15 Calendar. 16 Substitutions. 17 THE SECRETARY: On page 13, 18 Senator DeFrancisco moves to discharge from 19 the Committee on Rules Assembly Print 2378-C, 20 and substitute it for the identical Senate 21 Bill 477-C. 22 On page 24, Senator Velella 23 moves to discharge from the Committee on Rules 24 Assembly Bill 9888-A, and substitute it for 25 the identical Senate Bill 6519-A. 1 On page 26, Senator Maziarz 2 moves to discharge from the Committee on Rules 3 Assembly Bill 4368-B, and substitute it for 4 the identical Senate Bill 4989-A. 5 On page 32, Senator DeFrancisco 6 moves to discharge from the Committee on Rules 7 Assembly Bill 9533, and substitute it for the 8 identical Senate Bill 6443. 9 On page 34, Senator Farley 10 moves to discharge from the Committee on Rules 11 Assembly Bill 8556-A, and substitute it for 12 the identical Senate Bill 5556-A. 13 And on page 43, Senator Rath 14 moves to discharge from the Committee on Rules 15 Assembly Bill 7956-C, and substitute it for 16 the identical Senate Bill 5383-C. 17 SENATOR SKELOS: Please make 18 the substitutions, Mr. President. 19 ACTING PRESIDENT COOK: 20 Substitutions are accepted. 21 Senator Skelos, you ready for 22 the calendar? 23 SENATOR SKELOS: Mr. President, 24 at this time may we please adopt the 25 Resolution Calendar. 1 ACTING PRESIDENT COOK: All in 2 favor of adopting the Resolutions Calendar say 3 aye. 4 (Response of "Aye.") 5 Opposed say nay. 6 (There was no response. ) 7 The Resolution Calendar is 8 adopted. 9 SENATOR SKELOS: Mr. President, 10 on behalf of Senator Bruno, on Resolution 11 4130-A, he'd like to open up the sponsorship 12 on that resolution, so if anybody would like 13 to go on it, please notify the desk. 14 ACTING PRESIDENT COOK: 15 Resolution 4130-A is opened for co-sponsor 16 ship by the entire house. Senator, would you 17 wish to use the usual procedure on that? 18 SENATOR SKELOS: Yes, Mr. 19 President. 20 ACTING PRESIDENT COOK: We will 21 add all members except those who indicate that 22 they prefer not to be on the resolution. 23 SENATOR SKELOS: Mr. President, 24 I'd just like to say that with you presiding 25 up there right now, I know that we are going 1 to have a very orderly day, a productive day, 2 just as your career in the Senate has been, 3 Senator Cook -- Charlie. All of the member 4 ship here respect you for the fine work that 5 you have done throughout the years and in 6 particular as chair of the Aging Committee - 7 of the Education Committee. 8 ACTING PRESIDENT COOK: I'm 9 aging, Senator Skelos. 10 SENATOR SKELOS: I was chair of 11 the Aging Committee. You have been a 12 wonderful person to deal with in the Senate 13 and certainly we hope that you continue to be 14 active in government because certainly there's 15 so much that we can still gain from you. 16 ACTING PRESIDENT COOK: Thank 17 you, sir. 18 SENATOR SKELOS: Thank you for 19 your wonderful career. 20 SENATOR MARCELLINO: Mr. 21 President. 22 ACTING PRESIDENT COOK: Yes, 23 Senator Marcellino. 24 SENATOR MARCELLINO: I, too, 25 would like to extend my thanks to you as a 1 member of the Education Committee for all the 2 courtesies you've extended to me. The fact 3 that I have not been able to pass a single 4 bill from your committee is a testament to 5 your good taste and judgment, Senator. 6 I say this now, Charlie, it's 7 been a pleasure serving with you. You are 8 truly a gentleman in this business, and well 9 respected, and deservedly so, and 10 congratulations on whatever is before you, and 11 long life and good health. 12 ACTING PRESIDENT COOK: Senator 13 Saland. 14 SENATOR SALAND: Mr. President, 15 I could not let this opportunity go by, since 16 we are taking the time to thank you for your 17 extraordinary service to this chamber and to 18 your district and to the people of the state 19 of New York. Your retirement to me is in part 20 a personal loss. For a number of years, you 21 and I have started our legislative days off 22 joining over breakfast to discuss various and 23 sundry issues, very few of which dealt with 24 the operation of this chamber or the 25 legislative business, which made it even that 1 much more of an enjoyable breakfast. 2 Charlie, you've been wonderful, 3 kind and have really been a model in respect 4 for me. You're extraordinary -- an 5 extraordinary gentleman. You have been a 6 tribute to this chamber, to your family. 7 You've been a tribute, I think, to the human 8 race. We would all be better served if there 9 were more Charlie Cooks, whether they be 10 Senator Cooks or just people in every walk of 11 life doing their thing every day in every 12 way. 13 I couldn't say enough kind 14 things about you, and each and every one of 15 them would be deserved. I'll miss you and 16 hope that your departure from this chamber is 17 not the end of our relationship, and I wish 18 you nothing but good health and whatever it is 19 I would want for myself at this stage of my 20 career, were it yours for your career, I would 21 wish for you. 22 God bless you and your family. 23 ACTING PRESIDENT COOK: Thank 24 you. I'd like to remind the house that I have 25 not yet died. 1 Senator Meier. 2 ACTING PRESIDENT MEIER: Mr. 3 President, some time ago a school 4 superintendent in my district told me that he 5 thought there might be two people in all of 6 Albany who understood the school aid formula, 7 and I told him that I was proud to know both 8 of them, and one is the director of your 9 committee and the other is the chair of your 10 committee, and I want to thank you for leading 11 me through a normally eyeball-glazing 12 explanation of a very complex system and 13 explaining it to me, and I want to thank you 14 for helping me dealing with the most difficult 15 of all constituents, school superintendents. 16 A lot of people love to beat up 17 folks who hold elected office and there are 18 those out there who think that this is not an 19 honorable profession and you, Charlie, are one 20 of the people who remind everybody out there 21 that this is an honorable profession. You 22 bring credit to the career of public service 23 and we're not going to miss you because we 24 know you haven't died. We're going to stay in 25 touch, and thank you so much. 1 ACTING PRESIDENT COOK: Senator 2 Larkin. 3 SENATOR LARKIN: Mr. President, 4 I had the distinct pleasure of serving with 5 you during my first tenure in the Assembly. 6 There's no member in either house could ever 7 have a better friend, a friend that knew the 8 ropes and was willing to share the ropes with 9 them and share the pleasures that they brought 10 back to the community. 11 Never when I was a member of 12 the Minority in the other house, there was 13 something going on in the districts that you 14 and I were jointly serving, whether it was a 15 grant or what not, you didn't make me a 16 player. You could have just walked away and 17 just said, It's my pot of money and it's for 18 me, and that is the exact way that you treated 19 everybody in your district when you were an 20 Assembly member, and now that you've been in 21 this Senate. 22 The distinction which you have 23 carried on, the manner in which you have 24 protected, guided and responded to the 25 constituents you have has shown your true 1 character of life, the type of person you've 2 been. The big district, God only knows who 3 will fill -- try to fill your shoes, but I 4 consider it an honor and a privilege that I 5 knew Charlie cook. 6 ACTING PRESIDENT COOK: Senator 7 DeFrancisco. 8 SENATOR DeFRANCISCO: I also 9 would like to rise to say basically what 10 everybody else has said, maybe in a slightly 11 different way. In this business, there's a 12 lot of tension, sometimes a lot of friction, 13 sometimes ungentlemanly conduct, but in the 14 six years that I've been in the Senate, I've 15 never seen any of that negative behavior on 16 your part. 17 On the contrary, you've always 18 acted with dignity. People, you've shown 19 respect to everyone, no matter what their 20 point of view might be, and it's a guide that 21 I'm going to try to follow through the 22 remaining years of the Senate, my Senate life, 23 how long that may be. 24 I also would like to piggyback 25 on what Ray Meier said, and just beat me to 1 it, about the state aid formula, and I 2 understand that you are going to give every 3 one a sealed envelope with a one-paragraph 4 explanation of the state aid formula so that 5 we can act coherently with our constituents. 6 Thank you, Charlie. 7 ACTING PRESIDENT COOK: Senator 8 Maziarz. 9 SENATOR MAZIARZ: Thank you 10 very much, Mr. President. 11 We all know Senator Leichter 12 announced that he's retiring. Senator Gold has 13 announced that he is retiring and you, Mr. 14 President, have announced that you are 15 retiring. Charlie, we're really going to miss 16 you. 17 (Applause). 18 Mr. President, I, like Senator 19 DeFrancisco, have been here a very short 20 period of time but I just want to say that, as 21 a relatively newer member of this body, I know 22 that you've had a lot of history here, but 23 you've always made me feel welcome. You were 24 always willing and able not just to share your 25 own knowledge, but also to share your staff. 1 Just this year we had a problem within my 2 district that could have been, quite frankly, 3 a personal problem for me, and you sent your 4 staff out there and we had a town meeting, and 5 things kind of cooled off a little bit, and I 6 think it's very indicative of the way that you 7 ran the Education Committee over the years and 8 I think probably the finest tribute that one 9 could say to you, Mr. President, is that the 10 children of the state of New York are far 11 bitter off with the leadership that you 12 displayed during your chair as Education 13 committee chairman. 14 Congratulations, and enjoy your 15 retirement. 16 ACTING PRESIDENT COOK: Senator 17 Maltese. 18 SENATOR MALTESE: Mr. 19 President, I guess -- I guess, as Senator 20 DeFrancisco said, any negative behavior that 21 you would have exhibited you either kept to 22 yourself or kept well hidden, so I was never 23 aware of any, but I wanted to rise, as you 24 said you're not past yet, and hopefully have a 25 hell of a lot of life left in you to do the 1 things that you want to do, the things that 2 are prioritized, the things that are really 3 important to family and friends. 4 I know that, with your leaving, 5 I'll -- I'll lose a good friend, good to see 6 face, somebody that always kept me advised on 7 what was going on in those few times that I 8 was out of the chamber the -- stop laughing 9 there -- Charlie, seriously, with your leaving 10 a good deal of the gentility, the tradition of 11 the Senate, I think, leaves with you. I think 12 that's fair to say. The Senate will be a 13 lesser place for that. I'll miss you. 14 ACTING PRESIDENT COOK: Senator 15 Alesi. 16 SENATOR ALESI: Thank you, Mr. 17 President, and I'm very happy to hear you 18 personally say that you haven't yet passed 19 on. However, in the short time I've been 20 observing your career here, it's been 21 difficult for me to tell the difference 22 sometimes, but let me just say -- let me just 23 say that I have, as one of the newer members 24 observed the way that you've comported 25 yourself, not only here on the floor, but with 1 the members who are all your friends, and I 2 have admired the way you have done that and, 3 in wishing you good luck, let me just say that 4 this little matter that -- of the attendance 5 in conference, because of your leaving and in 6 honor of that, I will be very happy to destroy 7 that. 8 ACTING PRESIDENT COOK: 9 Senator, I'm not sure that -- that the 10 transfer of anything of value within the 11 chamber is really appropriate, so maybe you 12 better retain that. 13 SENATOR ALESI: Senator, in 14 anticipation of your never paying that any 15 way, it had no value to begin with. 16 ACTING PRESIDENT COOK: Thank 17 you. 18 Senator Leibell. 19 SENATOR LEIBELL: Thank you. 20 I'm hoping that amnesty will extend to some of 21 the rest of us also. 22 Mr. President, I'm just going 23 to echo the comments you've heard from so many 24 others this morning. I look back on our many, 25 many conferences we have held in the Majority 1 over the course of the last few years and 2 whether I was here or in the Assembly, I have 3 to say your presentation in the areas of 4 presentation are unsurpassed; they are the 5 best, and I have a great deal of trepidation, 6 you know, I think into the future who's going 7 to brief us on these education issues because 8 they certainly are mind-numbing to most of us, 9 complex and difficult, and you imparted to us 10 masterfully and fully, the knowledge you have 11 in this area, but equally significant is the 12 manner in which you have conducted yourself 13 here throughout your long and distinguished 14 career. It is a role model for all of us. 15 Your deep friend, and our 16 mutual friend Steve Saland says it's just the 17 beginning. We hope to see you many, many 18 times over the years. 19 ACTING PRESIDENT COOK: Senator 20 Lachman. 21 SENATOR LACHMAN: As a member 22 of the Minority, I owe a great deal to Senator 23 Cook because it's only been two and a half 24 years since I entered these chambers, and I've 25 learned a great deal in terms of how a chair 1 can run a meeting in complete fairness and 2 objectivity even though there might be some 3 verbose members of the Minority present. 4 Charlie Cook is one of the most 5 unusual people in character, integrity and 6 intelligence, and he really represents the 7 total educational community in the state of 8 New York. He's told me so much about his 9 community that he represents that Susan, my 10 wife, and I are thinking of changing our trip 11 from New Delhi to Delhi in the near future. 12 Congratulations, and good luck 13 and a very active retirement. 14 ACTING PRESIDENT COOK: Senator 15 Rath. 16 SENATOR RATH: Mr. President, 17 if central casting were to call for a Senator 18 for a very important role in a very important 19 movie, they would have chosen Charlie cook 20 because, first of all, Senator, you not only 21 look and have the bearing of a Senator, but 22 you could pull off the role and be totally and 23 a hundred percent believable, no matter which 24 committees you were representing. 25 However, as chairman of the 1 Education Committee, since I've been here and 2 it's -- you were a former chairman of Local 3 Government Committee, you have borne with me 4 and been patient in instructing me what I 5 really needed to know in order to pick up some 6 of the meaning and the credibility to carry 7 the continuity forward on the issues that you 8 cared so deeply about, and I've truly 9 appreciated that and everyone in the education 10 community, of course, has recognized that, and 11 Senator Lachman, having been so involved in 12 that for so many years, his words were 13 particularly pointed. 14 So good luck, Charlie, and as 15 I'm looking for your phone calls the next year 16 when you tell me that these are turkeys I'm 17 considering, I will call you back instantly. 18 Good luck. 19 ACTING PRESIDENT COOK: Senator 20 LaValle. 21 SENATOR LAVALLE: Mr. 22 President, as one of the members of the 23 Education Committee, I've witnessed along with 24 other members of the committee and of this 25 body the enormous job that you've done as 1 chairman of probably one of the most difficult 2 committees. The stakeholders sometimes come 3 at you with enormous gusto, but you probably 4 of any of the chairs in modern time, have 5 handled those responsibilities with enormous 6 grace, intellect and fortitude, and the 7 changes that we've made in the Education Law 8 in your watch will be recorded in history as 9 some of the most significant that we have 10 made -- we literally have made a sea change in 11 so many areas in the formula, in the way 12 people vote on school budgets and many, many 13 other things, and you should be congratulated 14 in this body and the citizens of this state 15 are in deep debt for the job that you've - 16 the professional job that you have done. 17 ACTING PRESIDENT COOK: Senator 18 Volker. 19 SENATOR VOLKER: Yeah. Let me 20 just say and, Charlie, I know we will see 21 you. I think the one thing everybody should 22 understand, anybody that really believes that 23 we're not coming back, I don't think there's 24 anybody who doesn't believe that we're coming 25 back, perhaps several times this year. But 1 let me just say to you, Charlie, and you and I 2 came to the Assembly a number of years ago as 3 we talked last night. There's almost none of 4 our colleagues left in the Assembly. They've 5 gone on either to bigger or better things or 6 whatever, but the fact that we were just 7 talking about the education formula, Senator 8 LaValle doesn't like to admit it, but actually 9 he's the one who devised the formula back when 10 he was a staff person to Senator Leon 11 Giuffreda; I happen to know that way back in 12 the late '60s and '70s. 13 And, Charlie, you've been a 14 friend of mine for a long, long time. We're 15 graduates of another house that I believe now 16 represents a majority of this house, if I'm 17 not mistaken, or very close to it, former 18 Assemblymen who are now Senators, but not only 19 have you always been a gentleman and a top 20 flight legislator with a -- what I call a 21 first class conscience, but you've always been 22 a very good friend of mine and a gentle man, 23 and I certainly will miss you as all of us 24 will, and I certainly wish you the best of 25 luck, but I expect to see you later on in the 1 year again, and good luck. 2 ACTING PRESIDENT COOK: Senator 3 Wright. 4 SENATOR WRIGHT: Mr. President, 5 unlike some of my colleagues who came in at 6 the same time, I want to show you the proper 7 respect, as you've always shown that to us 8 since we've been here. 9 One of the -- one of the key 10 issues that I think any representative of a 11 rural area has to deal with is the funding of 12 its school systems. In our instances, those 13 school systems are not only important to the 14 education of our children, but in many 15 instances they, in fact, are the single 16 largest employer in the community. They are, 17 in fact, the heart of our small rural 18 communities. 19 We've had the decided advantage 20 of your leadership, not only as chair of the 21 Education Committee and as has been mentioned 22 service as the chair of the Local Government 23 Committee, but also the leadership that you've 24 demonstrated as the chair of the bipartisan 25 Rural Resources Commission, and many of us 1 throughout upstate New York in those rural 2 communities have benefited by the efforts of 3 the commission, the work that it has done, and 4 that commission truly has been successful 5 because of the leadership you've provided and 6 the bipartisan relationship that you've lent 7 to that commission. 8 So, Charlie, I think everyone 9 truly recognizes what you've done in your 10 tenure here in the Senate, what you've done 11 not only to the people of your district but 12 more importantly what you've done for the 13 people of this great state. 14 I want to say thank you very 15 much. 16 ACTING PRESIDENT COOK: Senator 17 Gold. 18 SENATOR GOLD: Thank you, Mr. 19 President. 20 Firstly, before I make my 21 remarks because I do want to thank Senator 22 Maziarz for acknowledging that I do my job. 23 And you do your job too. I remember one 24 conversation where I -- I had a bill in your 25 committee, and you sat over there and you let 1 me tell you about the bill and tell you the 2 merits of the bill and you said, "Manny, I'm 3 going to look into in this, and I'll get back 4 to you," and you did, and you said, "Yes, 5 you're right, it is in my committee." That 6 was the end of it, unfortunately. 7 Actually -- actually, Charlie, 8 you are -- you are one of the people who I've 9 admired because you knew, in all of your 10 dealings with the Minority that, day in and 11 day out, no matter what we did, you had at 12 least 31 votes and there are people who 13 understood that in a pleasant way; some people 14 who were a little bit ruder about it, but 15 certainly as somebody who has been in the 16 Minority all these years, you have been a 17 delight to be with. People have been talking 18 to me and others, you know, you're going to 19 miss this place, you're going to miss this 20 place, and I can only speak for myself. I 21 don't know whether I'll miss the place. You 22 miss people; that's what it really is. You 23 miss people, and you are one of those people 24 that I will miss. 25 If anybody has a dictionary and 1 you pull it out right now and you look under 2 the word "class" you'll see a picture of 3 Charlie Cook because that's really what the 4 summation of what people have been saying is. 5 Your service in this Senate has really honored 6 all of us. People meet you and they learn 7 that you're a Senator, and then I meet 8 somebody I think I've been raised up the rung 9 once or twice because Charlie Cook is a 10 Senator, and that must be what a Senator is. 11 The word has been said that 12 you're a gentleman; you're gentle, you're 13 gentle. Well, the fact of the matter is, 14 Charles, that you are gentle in manner but, if 15 the truth be told, very firm in your 16 conviction, and that is, I think, why 17 everybody admires you. 18 Your dedication is unwavering 19 and the gentle manner in which you have done 20 your job just made you a delight. I wish you 21 good luck in the future. Most of all, I 22 certainly wish you good health, Charlie. 23 Please enjoy it. 24 ACTING PRESIDENT COOK: Senator 25 Leichter. 1 SENATOR LEICHTER: Mr. 2 President, since I find myself sitting in this 3 chair, I can speak not only for myself but 4 also for the Minority in thanking you not only 5 for your service in this chamber for the 6 people of your district and the people of the 7 state of New York, but to thank you for your 8 courtesy, your decency, for your collegiality 9 to us here in the Minority. 10 You really brought, I think, 11 some very special qualities to this chamber in 12 a body -- not only the Senate but the Assembly 13 -- where sometimes egos among so many of us 14 get a little inflated. I think one of the 15 things that we can say about you is that you 16 always kept your cool, you were calm, you were 17 mature. I think it's fair to say that you 18 were really very self-effacing. 19 The annals of laws of the state 20 of New York are full of Cook laws, and really 21 have contributed and bettered the lives of the 22 people of the state of New York, but I've 23 never seen you go around and preen and crow 24 about it, and so on. You've been really a 25 delight to work with as a colleague, and I 1 just want to say, Charlie, you -- you and I, 2 we were both in the Assembly. I think I came 3 to the Senate before you did. You've served 4 here many years, and it's really been for me a 5 privilege to have served with you. 6 Thank you for what you've done 7 for all of us and for the people of the state 8 of New York. Good health! 9 ACTING PRESIDENT COOK: Senator 10 Mendez. 11 SENATOR MENDEZ: Charlie, some 12 -- all of us here do, in fact, love you. All 13 of us here do, in fact, we're going to miss 14 you very much, and as I was sitting here and 15 hearing the expression of affection and 16 respect that has been expressed here today, I 17 must say this, that yes you have been 18 excellent in terms of filling the 19 constituents' needs and helping all the 20 residents of New York State through your able 21 legislation, but I think myself that you have 22 honored this chamber as well as the profession 23 of politics because of two things: 24 You have been very honest and 25 you have a word and the politician who doesn't 1 have a word does not belong in that field, we 2 all know it, and secondly because you have 3 always been a loyal friend, and loyalty we 4 also know is a priceless commodity in the area 5 of politics. 6 I am your neighbor, you know, 7 my little country, living in your county, 8 Delaware County, and I hope to see you. I 9 wish you well as my other -- all the members 10 here wish you the very best healthy life and a 11 life of joy without the pressures of office, 12 and I know that you're getting drawn into 13 other things to achieve, and I also know that 14 we shall see you around, and we will be 15 delighted to do so. 16 Thank you. 17 ACTING PRESIDENT COOK: Senator 18 Seward. 19 SENATOR SEWARD: Thank you, Mr. 20 President. 21 As you know, Mr. President, 22 because our -- not only our Senate Districts 23 adjoin but our home counties are adjacent to 24 each other, and I've already attended some 25 tributes to Senator Cook, and I suspect before 1 the year is out I will be attending more 2 locally, but nothing gives me greater pride or 3 satisfaction than to stand here on this floor 4 of this Senate and to express my feelings 5 about Senator Charlie Cook. 6 I've known Charlie in a variety 7 of different ways, certainly as a friend, a 8 neighbor, as I've said. In a previous life, I 9 was one of Charlie's county chairmen. He had 10 my county in his district. I worked on 11 Senator Cook's staff for four years and for 12 the last 12 years I've been very honored to 13 call him a colleague here in the Senate as a 14 member myself. 15 Back in the district, I can 16 tell you that Charlie is known as a people 17 person. His style is to -- when the Senate is 18 not in session, to be out there in his 19 district spending time with his constituents, 20 having office hours in the little fire... the 21 town halls around his district, talking to 22 people one on one. 23 That's something very, very 24 special about Charlie Cook, that closeness 25 that he has with the individual people of his 1 district. Of course, in this Capitol, and 2 throughout this state and throughout this 3 country, I would say, Charlie Cook has the 4 reputation of being a real leader, an expert 5 in such areas as rural health, education, 6 other issues that are so vitally important to 7 not only the people he represents but every 8 person in New York State. 9 I have chosen a path of public 10 service for myself and, when I think of people 11 that I would hope to emulate, the name of 12 Charlie Cook is at the top of the list. He's 13 a stand-up guy, a principled guy, intelligent, 14 and always does what he feels is in the best 15 interests of the people. 16 He emulates the very best in 17 public service and, Charlie, we're going to 18 miss you in this chamber, but I hope that the 19 closeness of our homes will mean that we'll be 20 together often in the future. It would be my 21 honor to meet with you. 22 Thank you. 23 ACTING PRESIDENT COOK: Senator 24 Markowitz. 25 SENATOR MARKOWITZ: Mr. 1 President, Senator Cook, a Republican with 2 soul. You are definitely -- you are 3 definitely -- you are definitely the last of 4 the Mohicans, very few on that side, but the 5 last one perhaps. But I really want to say 6 that all of us will miss you so very, very 7 much, and I'm sure that I can share with my 8 colleagues how Senator Cook joined me in my - 9 in my district and was kind enough to visit 10 some of the best schools in Brooklyn and some 11 that need some greater attention, and he spent 12 the whole day not only meeting with parents, 13 students, teachers, faculty, administrators, 14 workers in the schools, and I have to tell 15 you, quite frankly, that you not only did your 16 party proud because you were one of the first 17 Republicans that ever walked into any of these 18 buildings, believe me, in the lifetimes of 19 most folks that you met, but also you showed a 20 rare intellect and a complete knowledge and 21 sensitivity towards people that you know and 22 still know need the attention and awareness of 23 the state Legislature, and so I'm indebted to 24 you for years. 25 I know you're going to be 1 missed here because you have that rare display 2 of being genuine, being genuine, really 3 caring, really caring, and having the 4 intellect to make it all possible. 5 Good luck, Charlie. 6 ACTING PRESIDENT COOK: With 7 the - 8 SENATOR STAFFORD: Mr. 9 President. 10 ACTING PRESIDENT COOK: Senator 11 Stafford. 12 SENATOR GOLD: Late again. 13 SENATOR STAFFORD: Right. I 14 would suggest that it's been very, very 15 fortunate for us to have a person who had the 16 ability to put John Wesley's teaching into 17 government. We all know it's needed. I wish 18 some of the rest of us could do as well as you 19 have done. 20 All the words that have been 21 used -- decency, conscientiousness, civility 22 and, again, I wish we could do as well. 23 Now, Senator Leichter touched 24 on this, and I also would point out that, as 25 one who has had a bit of experience and been a 1 bit objective about it, I can say that you and 2 Senator Gold and Senator Leichter certainly 3 have shown very sound judgment. I would say 4 this, that Senator Leichter mentioned I would 5 use the word disarming. If anyone doesn't 6 think that it's true, I suggest a few years 7 ago you should have challenged Senator Cook in 8 a primary. That's just an example. Nothing 9 against anybody, but I suggest that the very 10 kind, gentle man knew how to take care of 11 himself extremely well. 12 Now, don't scowl. Don't scowl, 13 it's a compliment but, you know we can't have 14 all this gentleness; we can't have this 15 gentleness overdone. That's my point, but 16 with that, again, everything that's been said 17 I second and, as I say, we're shifting gears, 18 and on a very, very personal point, you and I 19 shared some things in common and you have been 20 very, very helpful, and certainly have given 21 me a good bit of courage, and they're going to 22 wonder what that is and we aren't going to 23 tell them, but on a personal basis, it means a 24 great deal because health really is where it 25 all is. 1 With that, I think Dale 2 mentioned we're just shifting gears here. We 3 all take various roads. And I won't quote 4 Robert Frost, but I woo say this: I think you 5 have made as much of an imprint on your fellow 6 man as Robert Frost and many others. 7 ACTING PRESIDENT COOK: Senator 8 Fuschillo. 9 SENATOR FUSCHILLO: Mr. 10 President, I was recently elected when one of 11 my former legislative colleagues told me it's 12 nice to be important, it's always important to 13 be nice. The past three months I've been here 14 you certainly have observed that, and I've 15 observed difficult situations and good 16 situations and you taught me a valuable 17 lesson. I've always watched you. You've 18 always treated everybody with dignity and 19 respect, and for that I thank you and I wish 20 you the best in your retirement. 21 ACTING PRESIDENT COOK: Senator 22 Kuhl. 23 SENATOR KUHL: Yes, Charlie. 24 You know, it's been interesting to listen to 25 some of the members here talk about their 1 memories of you, and I wanted to tell you that 2 you will have forever a picture in my mind and 3 it's not because of your tremendous leadership 4 in the educational committee or your 5 statesmanlike approach on the floor. 6 It has to do with a video where 7 you -- and I learned in watching that video 8 never to use a live prop. I know you remember 9 the video I'm talking about. That's the one 10 where you're trying to promote agriculture and 11 the dairy industry and there's a cow that 12 wants to nestle very close to you. 13 But in any case, I think it's 14 just wonderful that you're able to sit and 15 share memories with members here and certainly 16 all of us wish you very well, as I do. You've 17 been a wonderful friend, certainly a great 18 colleague to work with, and I wish you good 19 health always. 20 ACTING PRESIDENT COOK: Thank 21 you. 22 With unanimous consent, 23 hopefully, I'd like to suspend the rules and 24 assume the privilege of the floor, if I may, 25 for just a moment. 1 The first thing is - 2 SENATOR SALAND: You don't have 3 it. 4 ACTING PRESIDENT COOK: Oh, I 5 don't have it? 6 The first thing is, I 7 apologize, it's awfully early in the morning 8 and I hope all this syrup doesn't make you 9 sick to your stomach, but we will pass out 10 some Tums later on. 11 But I could not be more honored 12 than the comments that I've heard this morning 13 from everyone in all places. It has been an 14 experience that -- of a lifetime, and I hope 15 that none of us in this chamber ever forgets 16 what a unique privilege it has been to serve 17 in this house. That certainly applies to me. 18 I consider that it has been a very special 19 privilege, and it has particularly been a 20 special privilege because I've had the 21 opportunity to get acquainted with the people 22 in this room, and you are people -- and I 23 thank you, Senator Gold, for saying "class" 24 but I think that the people in this room are 25 people of class. 1 The abuse that is heaped on us 2 as a group, of, quote, "politicians" is 3 certainly unwarranted, given the kind of 4 dedication that I have seen in the individuals 5 who have served in this house, and I just 6 having had the opportunity to be with all of 7 you is just more than I could ever have 8 expected out of life. 9 Senator Gold, Senator Leichter 10 and I are going to be heading on to other 11 things very shortly, and I certainly wish them 12 well along with everyone else. I don't know 13 why I was given this privilege of standing 14 here and you weren't because certainly these 15 things could have been said about you as well, 16 but I mean -- on an individual basis, I 17 certainly want to return everything that's 18 been said and to wish all of you well 19 personally as well as in your continued life 20 in the Senate. 21 Thank you. 22 (Standing ovation). 23 SENATOR SKELOS: Mr. President, 24 there will be an immediate meeting of the 25 Finance Committee in the Majority Conference 1 Room. 2 ACTING PRESIDENT COOK: 3 Immediate meeting of the Finance Committee in 4 the Majority Conference Room. 5 You ready for the 6 non-controversial calendar, Senator Skelos? 7 SENATOR SKELOS: Yes, if we can 8 take up the non-controversial calendar. 9 ACTING PRESIDENT COOK: 10 Non-controversial calendar. 11 THE SECRETARY: Calendar Number 12 90, by member of the Assembly Dinowitz, 13 Assembly Print 1829-A, an act to amend the 14 Criminal Procedure Law. 15 ACTING PRESIDENT COOK: Read 16 the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect on the first day of 19 November. 20 ACTING PRESIDENT COOK: Call 21 the roll. 22 (The Secretary called the 23 roll. ) 24 THE SECRETARY: Ayes 43. 25 ACTING PRESIDENT COOK: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 123, by Senator Holland, Senate Print 5918-A, 4 an act to amend the Vehicle and Traffic Law, 5 in relation to exempting. 6 ACTING PRESIDENT COOK: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT COOK: Call 11 the roll. 12 (The Secretary called the 13 roll. ) 14 THE SECRETARY: Ayes 43. 15 ACTING PRESIDENT COOK: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 157, by member of the Assembly Lafayette, 19 Assembly Print 1357-A, an act to amend the 20 General Business Law. 21 ACTING PRESIDENT COOK: Read 22 the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect immediately. 25 ACTING PRESIDENT COOK: Call 1 the roll. 2 (The Secretary called the 3 roll. ) 4 THE SECRETARY: Ayes 43. 5 ACTING PRESIDENT COOK: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 187, by member of the Assembly Brodsky, 9 Assembly Print 6754-C, an act to amend the 10 Agriculture and Markets Law. 11 ACTING PRESIDENT COOK: Read 12 the last section. 13 THE SECRETARY: Section 2. 14 This act shall take effect immediately. 15 ACTING PRESIDENT COOK: Call 16 the roll. 17 SENATOR LAVALLE: Lay that 18 aside. 19 ACTING PRESIDENT COOK: Beg 20 your pardon? 21 SENATOR LAVALLE: Would you lay 22 that bill aside. 23 ACTING PRESIDENT COOK: Lay the 24 bill aside. 25 THE SECRETARY: Calendar Number 1 326, by Senator Wright, Senate Print 6247, an 2 act to provide for transfer of funds. 3 ACTING PRESIDENT COOK: Read the 4 last section. 5 THE SECRETARY: Section 3. 6 This act shall take effect immediately. 7 ACTING PRESIDENT COOK: Call the 8 roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Ayes 44. 12 ACTING PRESIDENT COOK: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 339, by member of the Assembly Crowley, 16 Assembly Print 6685, an act to amend the 17 Racing, Pari-Mutuel Wagering and Breeding 18 Law. 19 ACTING PRESIDENT COOK: Read 20 the last section. 21 THE SECRETARY: Section 2. 22 This act shall take effect immediately. 23 ACTING PRESIDENT COOK: Call the 24 roll. 25 (The Secretary called the 1 roll.) 2 THE SECRETARY: Ayes 44. 3 ACTING PRESIDENT COOK: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 405, by Senator Rath, Senate Print 6013, an 7 act to amend the Public Health Law, in 8 relation to - 9 SENATOR LEICHTER: Lay it 10 aside. 11 ACTING PRESIDENT COOK: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 445, by Senator Wright, Senate Print 6477, an 15 act to amend the Vehicle and Traffic Law, in 16 relation to extending. 17 ACTING PRESIDENT COOK: Read 18 the last section. 19 THE SECRETARY: Section 4. 20 This act shall take effect immediately. 21 ACTING PRESIDENT COOK: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 44. 1 ACTING PRESIDENT COOK: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 487, by Senator Wright, Senate Print 6479-A, 5 an act to amend the Tax Law, in relation to 6 disclosure. 7 ACTING PRESIDENT COOK: Read 8 the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect immediately. 11 ACTING PRESIDENT COOK: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 44. 16 ACTING PRESIDENT COOK: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 488, by Senator Wright, Senate Print 6481-A, 20 an act to amend the Tax Law, in relation to 21 applications. 22 ACTING PRESIDENT COOK: Read 23 the last section. 24 THE SECRETARY: Section 2. 25 This act shall take effect immediately. 1 ACTING PRESIDENT COOK: Call 2 the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT COOK: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 516, by the Assembly Committee on Rules, 10 Assembly Print 7624-A, an act to amend the 11 Retirement and Social Security Law. 12 ACTING PRESIDENT COOK: Read 13 the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect immediately. 16 ACTING PRESIDENT COOK: Call 17 the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 44. 21 ACTING PRESIDENT COOK: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 685, by Senator Nozzolio, Senate Print 7113-A, 25 an act to amend the Correction Law and the 1 Public Health Law. 2 SENATOR LEICHTER: Lay it 3 aside, please. 4 ACTING PRESIDENT COOK: Lay it 5 aside. 6 THE SECRETARY: Calendar Number 7 687, by Senator Rath, Senate Print 1745, an 8 act to amend the Education Law, in relation to 9 requirements. 10 ACTING PRESIDENT COOK: Read 11 the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect on the first day of 14 January. 15 ACTING PRESIDENT COOK: Call 16 the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 44. 20 ACTING PRESIDENT COOK: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 716, by member of the Assembly Glick, Assembly 24 Print 4790-A, an act to amend the Retirement 25 and Social Security Law. 1 ACTING PRESIDENT COOK: Read 2 the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT COOK: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 44. 10 ACTING PRESIDENT COOK: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 720, by member of the Assembly DiNapoli, 14 Assembly Print 6875, an act to amend the Civil 15 Service Law. 16 ACTING PRESIDENT COOK: Read 17 the last section. 18 THE SECRETARY: Section 2. 19 This act shall take effect immediately. 20 ACTING PRESIDENT COOK: Call 21 the roll. 22 (The Secretary called the 23 roll.) 24 THE SECRETARY: Ayes 44. 25 ACTING PRESIDENT COOK: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 729, by Senator Trunzo, Senate Print 6758-A, 4 an act to amend the Retirement and Social 5 Security Law, in relation to benefit 6 calculations. 7 ACTING PRESIDENT COOK: Read 8 the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect immediately. 11 ACTING PRESIDENT COOK: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 44. 16 ACTING PRESIDENT COOK: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 784, by Senator Spano, Senate Print 2821-A, an 20 act to amend the Labor Law, in relation to 21 authorizing. 22 ACTING PRESIDENT COOK: Read 23 the last section. 24 THE SECRETARY: Section 4. 25 This act shall take effect in 60 days. 1 ACTING PRESIDENT COOK: Call the 2 roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT COOK: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 794, by Senator Spano, Senate Print 6991-A, an 10 act to amend the Workers' Compensation Law, in 11 relation to permitting. 12 ACTING PRESIDENT COOK: Read 13 the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect immediately. 16 ACTING PRESIDENT COOK: Call 17 the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 44. 21 ACTING PRESIDENT COOK: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 802, by Senator Spano, Senate Print 7096-A, an 25 act to amend Chapter 596 of the Laws of 1994. 1 ACTING PRESIDENT COOK: Read 2 the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT COOK: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 44. 10 ACTING PRESIDENT COOK: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 848, by Senator Balboni, Senate Print 7150-A, 14 an act to amend the Criminal Procedure Law, in 15 relation to authorizing. 16 ACTING PRESIDENT COOK: Read the 17 last section. 18 THE SECRETARY: Section 11. 19 This act shall take effect on the first day of 20 November. 21 ACTING PRESIDENT COOK: Call the 22 roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 44. 1 ACTING PRESIDENT COOK: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 884, by Senator Spano, Senate Print 6035, an 5 act to amend the Retirement and Social 6 Security Law. 7 ACTING PRESIDENT COOK: Read 8 the last section. 9 THE SECRETARY: Section 3. 10 This act shall take effect immediately. 11 ACTING PRESIDENT COOK: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 44. 16 ACTING PRESIDENT COOK: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 886, by the Assembly Committee on Rules, 20 Assembly Print 10690, an act to amend the 21 Retirement and Social Security Law. 22 ACTING PRESIDENT COOK: Read 23 the last section. 24 SENATOR LEICHTER: Lay it 25 aside. 1 ACTING PRESIDENT COOK: Lay it 2 aside. 3 THE SECRETARY: Calendar Number 4 899, by Senator Spano, Senate Print 7242, an 5 act to amend Chapter 666 of the Laws of 1990. 6 ACTING PRESIDENT COOK: Read the 7 last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect on September 1st, 10 1998. 11 ACTING PRESIDENT COOK: Call the 12 roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 44. 16 ACTING PRESIDENT COOK: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 904, substituted earlier today, by member of 20 the Assembly Greene, Assembly Print 9888-A, an 21 acted to amend the Banking Law and the 22 Insurance Law. 23 ACTING PRESIDENT COOK: Read 24 the last section. 25 THE SECRETARY: Section 2. 1 This act shall take effect immediately. 2 ACTING PRESIDENT COOK: Call 3 the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 44. 7 ACTING PRESIDENT COOK: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 909, by Senator DeFrancisco, Senate Print 11 6444-B, an act to amend the Parks, Recreation 12 and Historic Preservation Law. 13 ACTING PRESIDENT COOK: Read the 14 last section. 15 THE SECRETARY: Section 5. 16 This act shall take effect November 1st. 17 ACTING PRESIDENT COOK: Call the 18 roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 44. 22 ACTING PRESIDENT COOK: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 910, by Senator Johnson, Senate Print 7327, an 1 act to amend the Vehicle and Traffic Law, in 2 relation to limiting. 3 ACTING PRESIDENT COOK: Read 4 the last section. 5 THE SECRETARY: Section 2. 6 This act shall take effect on the first day of 7 November. 8 ACTING PRESIDENT COOK: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 43, nays 13 one, Senator Kuhl recorded in the negative. 14 ACTING PRESIDENT COOK: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 911, by Senator Wright, Senate Print 7355, an 18 act to amend the Vehicle and Traffic Law, the 19 Environmental Conservation Law, and the 20 Parks, Recreation and Historic Preservation 21 Law. 22 ACTING PRESIDENT COOK: Read the 23 last section. 24 THE SECRETARY: Section 4. 25 This act shall take effect on the first day of 1 November. 2 ACTING PRESIDENT COOK: Call the 3 roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 44. 7 ACTING PRESIDENT COOK: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 924, by the Assembly Committee on Rules, 11 Senate, Assembly Print 11185-A, an act to 12 amend the Public Health Law. 13 ACTING PRESIDENT COOK: Read 14 the last section. 15 THE SECRETARY: Section 2. 16 This act shall take effect immediately. 17 ACTING PRESIDENT COOK: Call the 18 roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 44. 22 ACTING PRESIDENT COOK: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 930, by Senator Stafford, Senate Print 5488-B, 1 an act to amend the State Finance Law, in 2 relation to authorizing. 3 ACTING PRESIDENT COOK: Read the 4 last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT COOK: Call the 8 roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Ayes 44. 12 ACTING PRESIDENT COOK: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 954, by Senator Velella, Senate Print 3632-A, 16 an act to amend the Education Law, in relation 17 to establishing. 18 ACTING PRESIDENT COOK: Read 19 the last section. 20 SENATOR LEICHTER: Lay it 21 aside. 22 ACTING PRESIDENT COOK: Lay 23 aside? Is there a lay aside on it? 24 SENATOR LEICHTER: Lay aside. 25 SENATOR COOK: Lay aside. 1 ACTING PRESIDENT COOK: 2 Calendar Number 999, by Senator Saland, Senate 3 Print 5163, an act to amend the Criminal 4 Procedure Law and the Family Court Act. 5 ACTING PRESIDENT COOK: Read the 6 last section. 7 THE SECRETARY: Section 3. 8 This act shall take effect in 90 days. 9 ACTING PRESIDENT COOK: Call the 10 roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 44. 14 ACTING PRESIDENT COOK: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1057, by Senator Alesi, Senate Print 6501-A, 18 an act to amend the General Business Law, in 19 relation to courier pick-up. 20 ACTING PRESIDENT COOK: Read 21 the last section. 22 THE SECRETARY: Section 2. 23 This act shall take effect July 1st, 1998. 24 ACTING PRESIDENT COOK: Call the 25 roll. 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 44. 4 ACTING PRESIDENT COOK: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1093, by Senator Goodman, Senate Print 7317-B, 8 an act to amend the Tax Law and the 9 Administrative Code of the city of New York. 10 ACTING PRESIDENT COOK: Read the 11 last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 SENATOR LEICHTER: Would you 15 lay that aside for me. 16 ACTING PRESIDENT COOK: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 1246, by Senator Skelos, Senate Print - 20 SENATOR SKELOS: Lay aside. 21 Lay aside for the day. 22 ACTING PRESIDENT COOK: Lay it 23 aside for the day. 24 THE SECRETARY: Calendar Number 25 1276, by Senator LaValle, Senate Print 2464-C, 1 an act to amend the General Obligations Law. 2 ACTING PRESIDENT COOK: Read the 3 last section. 4 THE SECRETARY: Section 2. 5 This act shall take effect in 90 days. 6 ACTING PRESIDENT COOK: Call the 7 roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 44. 11 ACTING PRESIDENT COOK: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1280, by Senator Maziarz, Senate Print 4492-B, 15 an act to amend the General Municipal Law. 16 ACTING PRESIDENT COOK: Last 17 section. 18 THE SECRETARY: Section 2. 19 This act shall take effect on the 60th day. 20 ACTING PRESIDENT COOK: Call 21 the roll. 22 (The Secretary called the 23 roll.) 24 THE SECRETARY: Ayes 46. 25 ACTING PRESIDENT COOK: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1316, by member of the Assembly Weinstein 4 Assembly Print 5116-A, an act to amend the 5 Administrative Code of the city of New York. 6 ACTING PRESIDENT COOK: Read the 7 last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT COOK: Call the 11 roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 46. 15 ACTING PRESIDENT COOK: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1345, by Senator Fuschillo, Senate Print 7579, 19 an act to amend the Vehicle and Traffic Law, 20 in relation to criminal history check. 21 ACTING PRESIDENT COOK: Read 22 the last section. 23 SENATOR LEICHTER: Lay it 24 aside. 25 ACTING PRESIDENT COOK: Lay 1 aside. 2 THE SECRETARY: Calendar Number 3 1382, by Senator Skelos, Senate Print 2007-A, 4 an act to amend the General Municipal Law. 5 ACTING PRESIDENT COOK: Home 6 rule message is at the desk. Read the last 7 section. 8 SENATOR LEICHTER: Lay aside. 9 ACTING PRESIDENT COOK: Lay 10 aside. 11 THE SECRETARY: Calendar Number 12 1414, by Senator Balboni, Senate Print 7614, 13 an act to permit the sale or lease of Pond 14 View Homes. 15 ACTING PRESIDENT COOK: Read 16 the last section. 17 SENATOR LEICHTER: Lay it 18 aside. 19 ACTING PRESIDENT COOK: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 1420, by the Committee on Rules, an act to 23 amend the Public Authorities Law, in relation 24 to extending the authority. 25 ACTING PRESIDENT COOK: Read 1 the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect immediately. 4 ACTING PRESIDENT COOK: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 46. 9 ACTING PRESIDENT COOK: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1431, by Senator Trunzo, Senate Print 7700-A, 13 an act to amend the Criminal Procedure Law, in 14 relation to peace officer status. 15 ACTING PRESIDENT COOK: Read 16 the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT COOK: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 45, nays 24 one, Senator Leichter recorded in the 25 negative. 1 ACTING PRESIDENT COOK: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1436, by Senator Maltese, Senate Print 3180-B, 5 an act to amend the Administrative Code of the 6 city of New York. 7 ACTING PRESIDENT COOK: Home 8 rule message at the desk. Read the last 9 section. 10 THE SECRETARY: Section 3. 11 This act shall take effect on the 180th day. 12 ACTING PRESIDENT COOK: Call 13 the roll. 14 (The Secretary called the 15 roll. ) 16 THE SECRETARY: Ayes forty... 17 ACTING PRESIDENT COOK: The 18 bill is passed. I'm sorry; I'm sorry. 19 THE SECRETARY: Ayes 45, nays 20 one, Senator Leichter recorded in the 21 negative. 22 ACTING PRESIDENT COOK: The 23 bill is still passed. 24 Senator Padavan. 25 SENATOR PADAVAN: Yes, Mr. 1 President. Can I be recorded in the negative 2 on Calendar Number 784. 3 ACTING PRESIDENT COOK: Without 4 objection. 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1440, by Senator Spano, Senate Print 6028-A, 8 an act to amend the Vehicle and Traffic Law, 9 in relation to authorizing. 10 ACTING PRESIDENT COOK: Home 11 rule message at the desk. Read the last 12 section. 13 THE SECRETARY: Section 3. 14 This act shall take effect immediately. 15 ACTING PRESIDENT COOK: Call the 16 roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 46. 20 ACTING PRESIDENT COOK: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1446, by Senator Larkin, Senate Print 6781-B, 24 an act to amend the Penal Law, in relation to 25 misrepresentation. 1 ACTING PRESIDENT COOK: Read 2 the last section. 3 THE SECRETARY: Section 4. 4 This act shall take effect on the first day of 5 November. 6 ACTING PRESIDENT COOK: Call the 7 roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 46. 11 ACTING PRESIDENT COOK: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1451, by Senator Holland, Senate Print 7483-A, 15 an act to amend Chapter 436 of the Laws of 16 1997. 17 ACTING PRESIDENT COOK: Read 18 the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect on January 1st, 21 1998. 22 ACTING PRESIDENT COOK: Call 23 the roll. 24 (The Secretary called the 25 roll. ) 1 THE SECRETARY: Ayes 46. 2 ACTING PRESIDENT COOK: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1460, by Senator Hannon, Senate Print 7699-A, 6 an act to amend the New York Medical Care 7 Finance Agency Act. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT COOK: Call the 11 roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 46. 15 ACTING PRESIDENT COOK: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1464, by Senator Seward, Senate Print 7722, an 19 act to amend the Economic Development Law and 20 the Public Authorities Law. 21 ACTING PRESIDENT COOK: Read 22 the last section. 23 THE SECRETARY: Section 3. 24 This act shall take effect immediately. 25 ACTING PRESIDENT COOK: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 46. 5 ACTING PRESIDENT COOK: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1466, by Senator Balboni, Senate Print 7731, 9 an act to amend the Economic Development Law. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT COOK: Call the 13 roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 46. 17 ACTING PRESIDENT COOK: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1470, by the Senate Committee on Rules, Senate 21 Print 7768, an act to amend the Tax Law, in 22 relation to net operating losses. 23 SENATOR LEICHTER: Lay it 24 aside, please. 25 ACTING PRESIDENT COOK: Lay the 1 bill aside. 2 THE SECRETARY: Calendar Number 3 1475, by Senator Stafford, Senate Print 4 1342-C, an act to amend the Family Court Act. 5 ACTING PRESIDENT COOK: Read 6 the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect immediately. 9 ACTING PRESIDENT COOK: Call the 10 roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 46. 14 ACTING PRESIDENT COOK: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1477, by Senator Goodman, Senate Print 3311-C, 18 an act to amend the Agriculture and Markets 19 Law. 20 ACTING PRESIDENT COOK: Read 21 the last section. 22 THE SECRETARY: Section 3. 23 This act shall take effect immediately. 24 ACTING PRESIDENT COOK: Call the 25 roll. 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 46. 4 ACTING PRESIDENT COOK: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1478, by Senator Marchi, Senate Print 3449-C, 8 an act to amend the Navigation Law. 9 ACTING PRESIDENT COOK: Read 10 the last section. 11 THE SECRETARY: Section 3. 12 This act shall take effect on the 30th day. 13 ACTING PRESIDENT COOK: Call the 14 roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 46. 18 ACTING PRESIDENT COOK: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1483, by Senator Skelos, Senate Print 6046-A, 22 an act to amend the Navigation Law and the 23 State Finance Law. 24 SENATOR SKELOS: Lay it aside 25 temporarily. 1 ACTING PRESIDENT COOK: Lay it 2 aside. 3 THE SECRETARY: Calendar Number 4 1484, by member of the Assembly Farrell, 5 Assembly Print 9428-A, an act to amend the 6 Local Finance Law, in relation to the sale of 7 bonds. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT COOK: Call the 11 roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 46. 15 SENATOR LEICHTER: Lay that 16 aside. Would you lay that aside, please. 17 ACTING PRESIDENT COOK: 18 Withdraw the roll call, lay the bill aside. 19 THE SECRETARY: Calendar Number 20 1505, by the Senate Committee on Rules, Senate 21 Print 7783, an act to amend the Social Service 22 Law. 23 ACTING PRESIDENT COOK: Read the 24 last section. 25 THE SECRETARY: Section 2. 1 This act shall take effect in 120 days. 2 ACTING PRESIDENT COOK: Call the 3 roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 46. 7 ACTING PRESIDENT COOK: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1506, by the Senate Committee on Rules, Senate 11 Print 7795, an act to amend the Insurance 12 Law. 13 ACTING PRESIDENT COOK: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT COOK: Call the 18 roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 46. 22 ACTING PRESIDENT COOK: The 23 bill is passed. 24 SENATOR LEICHTER: Mr. 25 President. 1 ACTING PRESIDENT COOK: Oh, 2 Senator Leichter. 3 SENATOR LEICHTER: Yes, Mr. 4 President. 1484 was laid aside in error. If 5 you want to call that bill up, we have no 6 objection to it. 7 ACTING PRESIDENT COOK: 8 Secretary call the roll on 1485 - 9 SENATOR SKELOS: '84. 10 ACTING PRESIDENT COOK: -- '84, 11 I'm sorry. 12 THE SECRETARY: Calendar Number 13 1484, by member of the Assembly Farrell, 14 Assembly Print 9428-A, an act to amend the 15 Local Finance Law, in relation to sale of 16 bonds. 17 ACTING PRESIDENT COOK: Read the 18 last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT COOK: Call the 22 roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 46. 1 ACTING PRESIDENT COOK: The 2 bill is passed. 3 Senator Skelos, that completes 4 the non-controversial calendar. 5 SENATOR SKELOS: Mr. President, 6 would you, on the controversial calendar, call 7 up Calendar Number 886. 8 ACTING PRESIDENT COOK: 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 886, by the Assembly Committee on Rules, 12 Assembly Print 10690, an act to amend the 13 Retirement and Social Security Law. 14 ACTING PRESIDENT COOK: Read 15 the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect immediately. 18 ACTING PRESIDENT COOK: Call 19 the roll. 20 (The Secretary called the 21 roll. ) 22 THE SECRETARY: Ayes 46. 23 ACTING PRESIDENT COOK: The 24 bill is passed. 25 SENATOR SKELOS: Mr. President. 1 ACTING PRESIDENT COOK: Senator 2 Skelos. 3 SENATOR SKELOS: Would you 4 please call up Calendar 1382, Senate 2007-A. 5 ACTING PRESIDENT COOK: 6 Secretary will read. 7 THE SECRETARY: Calendar number 8 1382, by Senator Skelos, Senate Print 2007-A, 9 an act to amend the General Municipal Law. 10 ACTING PRESIDENT COOK: A home 11 rule message at the desk. Read the last 12 section. Call the roll. 13 (The Secretary called the 14 roll. ) 15 SENATOR SKELOS: Senator 16 Leichter would like an explanation. 17 Mr. President, this would grant 18 New York City correction officers and members 19 a heart presumption similar to that currently 20 adopted -- afforded to the New York City 21 police and firemen. This has been requested 22 by the city of New York. 23 ACTING PRESIDENT COOK: Senator 24 Leichter. 25 SENATOR LEICHTER: Yes, Mr. 1 President, just very briefly, speaking in my 2 own capacity, certainly not on behalf of the 3 Minority, but I've opposed heart bills for 4 public employees on the, I think, very sound 5 basis that there's no medical proof that this 6 employment actually leads to heart disease or 7 certain other diseases that we've made a 8 presumption that the service is likely for the 9 -- for the members to incur, and while I 10 certainly appreciate the work that correction 11 officers do and without question, it's 12 stressful work, but there's so many factors 13 that go into heart disease. There's genetic 14 factors, there's your life style and it's 15 extremely difficult once a presumption is 16 established to show that somebody who, upon 17 retirement, claims that they have a heart 18 disability to show that it didn't come or that 19 it came in some other way. 20 Really, this is a medically 21 fallacious bill and, for this reason, I'm 22 going to oppose this bill as I oppose other 23 heart bills, but without in any respect 24 denigrating or not -- or certainly don't want 25 anybody to think that I don't appreciate the 1 work of the correction officers. It's 2 important work. It's tough work, but to give 3 that sort of presumption that when they retire 4 if they have a heart disease, that it was 5 caused by their work there is just no medical 6 evidence to sustain that. 7 ACTING PRESIDENT COOK: Senator 8 Gold. 9 SENATOR GOLD: Mr. President, 10 very briefly, I -- my recollection could be 11 wrong because while Senator Skelos has been on 12 the Aging Committee, I'm the one that's aging, 13 but I believe that when we first had some of 14 these bills, the City was opposed. That's my 15 recollection. I may be wrong, but I think 16 it's important that I'm told now that it's a 17 City bill and, if we're doing equity with 18 these people and we do have a lot more medical 19 evidence I think today than we did years ago, 20 I'm going to support the bill. 21 ACTING PRESIDENT COOK: Read 22 the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect immediately. 25 ACTING PRESIDENT COOK: Call 1 the roll. 2 (The Secretary called the 3 roll. ) 4 THE SECRETARY: Ayes 50, nays 5 one, Senator Leichter recorded in the 6 negative. 7 ACTING PRESIDENT COOK: The 8 bill is passed. 9 SENATOR SKELOS: Mr. 10 President. 11 ACTING PRESIDENT COOK: Senator 12 Skelos. 13 SENATOR SKELOS: If we can 14 return to reports of standing committees. I 15 believe there's a report of the Finance 16 Committee at the desk. 17 ACTING PRESIDENT COOK: Yes, 18 Senator Skelos. We do -- excuse me just a 19 moment. 20 (Acting President Cook passed 21 the gavel to Senator Gold.) 22 SENATOR CONNOR: Mr. 23 President. 24 SENATOR MARCELLINO: Point of 25 order. 1 ACTING PRESIDENT GOLD: This 2 isn't any old joke any more. 3 SENATOR MARCELLINO: As 4 chairman of the Rules Committee - 5 ACTING PRESIDENT GOLD: Senator 6 Connor. 7 SENATOR CONNOR: I would point 8 out it's not the first occasion Senator Gold 9 has had the gavel. On a couple of occasions 10 he's stolen it on me. 11 ACTING PRESIDENT GOLD: Senator 12 Skelos. 13 SENATOR SKELOS: Mr. President, 14 I think it's appropriate at this time as we 15 bring up the report of the Finance Committee 16 which will be ably handled by our Chair, 17 Senator Stafford, just to say to you also 18 thank you for all the contributions that 19 you've made to this great institution. 20 I know personally, I've learned 21 a lot from you, probably not as much as you 22 would like me to learn from you, but I have 23 appreciated our friendship. I have 24 appreciated some of the tips you've given me 25 on the golf course. I wish I was a little bit 1 more adept at it, as you and Senator Onorato 2 but you have been an important part of this 3 great institution, and I personally salute you 4 and thank you for your friendship. 5 ACTING PRESIDENT GOLD: Thank 6 you. Senator Connor. 7 SENATOR STAFFORD: Mr. 8 President. No, go ahead. 9 ACTING PRESIDENT GOLD: Don't 10 leave it up to me. 11 SENATOR CONNOR: If I can't go 12 me first. Give him real difficulty. He knows 13 he's supposed to be with the Majority. 14 Mr. President, just let me say 15 I'm delighted to see you up there. Now, - 16 now, shall we do what we have planned on. Move 17 a few things. 18 Seriously though, just let me 19 say, Mr. President, I'm delighted to call you 20 that; you have these many years been not only 21 a friend but an inspiration. When I first 22 came here and sat over there and took the 23 Honorable Carol Bellamy seat in the middle of 24 the session, I ended up seated next to you. 25 She had told me I could rely on Manny Gold, he 1 really knows what's going on; he's a good 2 legislator. And my first day I sat here 3 rather confused and people are putting their 4 hands up and people snapped their fingers to 5 vote, and you don't really know what's going 6 on, and Manny said, "Come over here in my 7 office, Kid. This is a calendar and what you 8 do is you mark on it how you're going to 9 vote," and that's how only -- only the very 10 very first thing that I learned from Senator 11 Manny Gold. 12 I've learned many, many more 13 things from him, some, many of them about 14 substance, about being a legislator, but more 15 importantly, I've learned some very, very 16 important lessons that I shall never forget 17 about other things, like friendship, loyalty, 18 courtesy, gentlemanliness and sincerity. 19 Thank you, Mr. President. 20 ACTING PRESIDENT GOLD: Senator 21 Stafford. 22 SENATOR STAFFORD: Mr. 23 President, I first would say we all have 24 highlights, we all have times when we've had 25 various experiences here. I would say that a 1 statement that is delivered with class, with 2 understanding, yet objectivity, is a statement 3 you stood here and made on the floor when your 4 predecessor passed on. I've never seen 5 anything done any better. Some of you think 6 back, it was rather difficult to handle as 7 well as I've ever seen anything handled. 8 Also things don't change. As 9 close friends as Joe Zaretzki and Earl Brydges 10 were, I saw Earl Brydges go right across the 11 floor and point his finger at Joe Zaretzki and 12 say, "Look, I never interrupted you," and it 13 was meant and directly with as much feeling as 14 anyone can do. Things don't change. Things 15 don't change. 16 We had counterpart jobs. I 17 haven't said it right -- what is it, the same 18 jobs only you on one side and me on the other, 19 a number of times. I think the floor would go 20 down in history as probably two people who are 21 as good friends as people have ever been in 22 here, but also as direct and as, yeah, con 23 frontational -- let's use the word -- as it 24 can be done in here, but yet as we -- every 25 one always says it's the friends you make 1 here, and you know something? If you didn't 2 have friends in all areas, on all sides -- and 3 some people wouldn't understand this -- close 4 friends, this business wouldn't be worth a 5 candle. But it is, and the friendships you've 6 made here are examples of that. 7 Again, just shifting gears. We 8 don't discuss certain words, it's just what we 9 all do; we go on with our lives in various 10 ways, and I can only say that many, many 11 things will be said here, but with you and me, 12 friendship and a great deal that can be said 13 about it and the example is much better. 14 ACTING PRESIDENT GOLD: Senator 15 Rath. 16 SENATOR RATH: Senator Gold, 17 it's nice to see you there, by the way. You 18 look very distinguished with the - 19 ACTING PRESIDENT GOLD: Now you 20 say that. 21 SENATOR RATH: -- symbol of the 22 state of New York there behind you. The 23 photos will be wonderful. You'll be able to 24 tell me who said this because I'm sure you 25 will. 1 You are a scholar in so many 2 areas, as I've come to know, but it was said 3 by a sage of old and repeated often that the 4 measure of a person can be taken by the 5 stature of their adversaries, and I have never 6 felt that we were adversaries, neither you and 7 I nor Senator Leichter and I, but when I have 8 a bill that comes up that you want to debate, 9 I'm really happy because it means I have 10 really caught the attention of people who I 11 respect because of their sincere interest and 12 deep dedication, not only to the government 13 but to the people of the state of New York. 14 You have instructed me from 15 your chair on the floor as we stood and talked 16 and debated bills and you've instructed me 17 privately in a congenial and a friendly way 18 and helped me to grow, so that I can do a 19 better job as I continue in that effort, and 20 the collegiality and the respect that you have 21 brought even to this chamber and to all of 22 your friends and colleagues through the years 23 has not gone unnoticed or unrecognized nor 24 will be forgotten. 25 Good luck and best wishes. 1 ACTING PRESIDENT GOLD: Senator 2 Marchi. 3 SENATOR MARCHI: Mr. President, 4 I believe in your case and it just happens 5 this year that the absence of people like 6 yourself, Senator Leichter, I'm sorry I was a 7 little late but I would have reiterated the 8 same force and effect that was said for 9 Senator Cook, represents, I think, an 10 institutional loss. Our proceedings were 11 enriched by your presence, by the devotion and 12 dedication to your responsibilities to offer 13 loyal and constructive criticism, and to 14 contribute immensely, I think. 15 Without it, we'd be -- we would 16 not be a rational, functional society and you 17 have done that to an exemplary degree, in my 18 book with taste, with saving grace of humor 19 occasionally and then I have another more 20 private consideration, one which produces a 21 conflict of interest by your departure from 22 these -- this setting. 23 I'm surrounded on both sides of 24 the aisle by a flock of Philistines or 25 Philistin's, whatever your pronunciation, but 1 who am I going to have the pleasure of 2 discussing opera, symphony -- opera, who does, 3 he knows the Italian arias better than I do 4 although I believe I'm fairly familiar with 5 every one, but this is something that I'm 6 going to sorely miss. 7 Do you see anything in here in 8 this vacuity that will make up for that loss? 9 But we can make up for that in other ways, I 10 think, Mr. President, and you certainly leave 11 with the friendship and the affection and good 12 will of the people in this chamber. 13 Thank you. 14 ACTING PRESIDENT GOLD: Senator 15 Markowitz. 16 SENATOR MARKOWITZ: Thank you 17 very, very much. Number one, let's take this 18 part very slowly. I urge every member of the 19 Senate, Democrats, let us all stand one by one 20 and take as long as we can because it's been 21 hundreds of years and God knows what the 22 future brings, Manny Gold, but I just want to 23 savor the moment. I just want to look at you, 24 look at the beauty of this Senate, look at 25 that beauty up front. Never have I seen a 1 sight that brings more joy, more joy -- pure, 2 pure joy -- and so, Mr. President, all of us 3 know that there is no one, at least in my 4 experience and I have a hunch in the history 5 of this Senate, that was ever better on their 6 feet than you. Nobody can respond better to 7 the issues than you. Nobody knows how to 8 razzle-dazzle 'em better than you. 9 Nobody has more of a capacity 10 to store facts and figures and have it 11 translated in your -- in the the way you make 12 your presentations, and I know that you have 13 done an awful lot for Queens and, of course, 14 you know we have a little rivalry between 15 Brooklyn and Queens. That's why they call his 16 county Queens and my county, Brooklyn, Kings. 17 But putting that aside - 18 putting that aside, that rivalry, you have 19 made Queens a better place to live, and you 20 have made this city and state a better place 21 to live. Your dedication, your brilliance 22 will be -- will be missed, but I have a hunch 23 that for many of us, you will be in our lives 24 forever, for sure. 25 Best wishes, Manny. 1 ACTING PRESIDENT GOLD: Senator 2 DeFrancisco. 3 SENATOR DeFRANCISCO: Senator 4 Gold, I haven't been here that long, at least 5 in terms of your years here, but it became 6 very obvious to me that the first day I was 7 here your ability to get on your feet and 8 argue a case, what was most impressive was 9 that you had no facts on your side, and you 10 had no logic on your side, but you still 11 sounded convincing, and that's the true - 12 that's a true advocate, when you can take a 13 position that maybe I don't agree with and 14 almost convince me of the point of view, and 15 you're going to be sorely missed. 16 I really enjoy listening to 17 your debates. I really enjoy watching you on 18 your feet. I've learned a lot from you and 19 you have had a job to do and we clearly 20 understood that job, but that never stood in 21 the way of a friendship that I think I have 22 been able to get with you over the few years 23 that I've been here, and I hope that that 24 friendship continues and, in response to your 25 request to me yesterday, yes, we will refer 1 all our cases in New York City to your 2 office. 3 ACTING PRESIDENT GOLD: I want 4 to call on him again. I liked the end of it. 5 Senator Marcellino. 6 SENATOR MARCELLINO: Thank you, 7 Mr. -- thank you, Mr. - 8 ACTING PRESIDENT GOLD: Get it 9 again. 10 SENATOR MARCELLINO: I'll get 11 it out. 12 Mr. President, it's a pleasure 13 to rise to acknowledge the fact that you are 14 retiring. You will be missed by Marty 15 Markowitz. You have set many records, not the 16 lease of which is getting Marty into the 17 chamber, albeit briefly, and I just wanted to 18 let you know that I had a look at the calendar 19 that was set up for next year for the Senate 20 and Assembly. It's already been agreed upon, 21 and since Franz and yourself are retiring, the 22 session will end April 2nd next year. We 23 figure we can do all our work with that done. 24 In all seriousness, thank you. 25 You're a good colleague. You've been a 1 gentleman. We've not always agreed; I think 2 we've agreed more often than we disagreed but 3 I respect your opinions, don't always agree 4 with them, as I said, but I respect you. You 5 have shown that you can state your views and 6 state your point of view and still maintain a 7 sense of collegiality. I respect you for 8 that, and we'll miss you in this chamber and 9 God bless you, good luck and enjoy. 10 ACTING PRESIDENT GOLD: Senator 11 Nanula. 12 SENATOR NANULA: Thank you, 13 very esteemed Mr. President, and you know, 14 when Marty Markowitz was talking, I got a 15 little bit concerned that he was taking it 16 just one step too far and you'd be yanked off 17 the podium there, Manny. 18 I don't know quite where to 19 begin. There are so many things that can be 20 said but -- and first of all, I want to say as 21 a member of this Conference you have provided 22 great leadership to us and, you know, Senator 23 DeFrancisco was very astute in saying that you 24 can make logic out of illogic and that, of 25 course, provides a tremendous role to this 1 Conference, and I marvel, I've absolutely 2 marvelled at you when the -- I can remember 3 last year when you actually began reciting the 4 record and if -- during your recitation 5 actually, kind of defining and, you know, 6 doing as only you can do that great magic that 7 you can create with words. 8 But beyond the rhetoric and 9 beyond the inner working, so to speak, of this 10 chamber, you're a man that stands for an awful 11 lot. You're a man of principle. You're a man 12 that, when he sees something, when you see 13 something that you don't believe is right, you 14 step up and you speak up and you're not afraid 15 of a fight, and you're not afraid to use the 16 God-given talent and ability that you have and 17 that you've demonstrated so well in this 18 chamber for so many years, to take a good 19 fight up and it seemed to me, Manny, as though 20 you never tired of it, and I know you're 21 leaving this year, but I know that you're not 22 tired. I know that you're going to continue 23 to get out there and fight for other issues 24 and fight for other constituencies and you 25 know, in the Rules Committee meeting last 1 night between you and Franz, I had a big grin 2 on my face. 3 For one, I said, I talked to 4 myself, Boy, isn't the Majority going to be 5 happy that we're losing these two fine 6 individuals that have wreaked so much havoc in 7 slowing things down and in challenging what 8 others might want to just let breeze through 9 and be easy yes votes. But at the same time, 10 Manny, I want to let you know personally that 11 you've been a mentor, you've been somebody 12 that I've been able to look up to as a younger 13 Senator here and as a member of this 14 Conference, somebody I've learned from. 15 I've never let you know it, but 16 I've been studying you and watching you, and I 17 want to let the Majority know today there 18 might be some others who maybe weren't so out 19 spoken in the past who are going to decide to 20 open their mouths, and I want to tell you, 21 Manny, and you as well, Franz, that you've 22 really been an inspiration and a great 23 teacher, I think to all of us in this chamber 24 but certainly to those of us who have been 25 able to see you in action, those of us who are 1 newcomers here like myself, and I want to 2 thank you for that. I really do. 3 It's been a great pleasure to 4 serve with you and I'm personally going to 5 miss you very much. 6 ACTING PRESIDENT GOLD: Senator 7 Stachowski. 8 SENATOR STACHOWSKI: I know you 9 confuse me with Senator Stavisky all the time 10 but that's all right, Senator Gold, Mr. 11 President. 12 (Microphone not operative.) 13 First I have to say that I'm 14 very disappointed that they decided to do this 15 in this fashion because I want to tell you 16 since you got up there a couple of times, Dean 17 and I had to come to the floor to continue, 18 the Democrats have gotten through, so in that 19 respect I'm kind of disappointed that you're 20 up there, kind of glad you're up there because 21 the only other time you got to do that is when 22 you got to bang the gavel when the Senators 23 were here with everybody, and everybody was 24 just hangin' out. 25 A very happy day when I get to 1 say nice things about you but also very sad 2 because I know you're leaving. Obviously 3 you're not opposed to freedom of speech, so 4 it's not a reason you should be leaving like 5 he does, not as much as Leichter. You don't 6 talk as much as Leichter even though that was 7 your job. From my perspective, I've never seen 8 anybody who was able to stand up and talk 9 about whatever the issue was even if it was 10 nothing, so eloquently as you. 11 Sat in Rules yesterday and said 12 it was your job to kind of get things back on 13 track in a certain way of speaking, and you 14 asked questions on a bill that only had like a 15 half a page of print on it, and I couldn't 16 figure out where you were gettin' the 17 questions and I was sittin' right next to you, 18 so it's a challenge, you know, in your other 19 business where you get paid to talk and you 20 talk here. 21 You also are one of the most 22 talented people I ever met. Before you got 23 too old, you were very good talking on the 24 floor. Before you got trouble with your eyes, 25 you were a great tennis player. In fact, I'll 1 tell you what the story is. I wanted to learn 2 to play tennis. Manny said -- it was the first 3 time I go out, and I get one of the balls and 4 took one of those metal fabricated walls that 5 you could bang in slightly and make a lot of 6 noise, and he says, Just hit the ball a little 7 bit, and he hits a lob over my head and I went 8 chasing it, and I hit the ball back and I hit 9 a pretty good ball, pretty fast, and the guy 10 come runnin' out, "Everybody all right," and 11 he's laughin', Everybody all right, and he 12 was. He's a very good tennis player, he's a 13 very good golfer. That he can do in spite of 14 his eye injury, and remarkably enough maybe 15 it's because of the eye injuries, taking money 16 from Senator Onorato, which never happened. 17 Obviously, if he had a weak 18 spot, it's that anybody that gets confirmed by 19 the Governor if they went to Cornell they get 20 his vote automatically. I'm not sure that 21 they were all, you know, as good candidates as 22 Manny said, but since they went to Cornell 23 they were the best candidates possibly the 24 Governor ever sent up. 25 For those of you that don't 1 know, Manny boxed when he was at Cornell. If 2 you take a good look at his face you'd know he 3 boxed. But he did box, but he doesn't talk 4 about that often. He's conducted a symphony, 5 conducted the Queens Symphony. Now, Franz had 6 a chance to be in an opera but they only let 7 him hold the spear and stand in the back. 8 Manny got to conduct. 9 He's a great photographer, as 10 many of you know from the pictures he handed 11 you, not to mention the pictures he takes of 12 nothing same as he talks about nothing and 13 makes it sound so eloquent. He takes pictures 14 of corners of buildings and then when they get 15 blown up, they look like these great artful 16 masterpieces, and then when you finally stare 17 at it you figure out the corner of a building 18 you walk by all the time, but to somebody who 19 knows photography, it's a great picture. 20 One time we were coming down 21 and I learned a little bit about how come 22 there's good photographers and then there's 23 the rest of us that take pictures. We were 24 coming in from some place once and it was a 25 beautiful evening and there were some dark 1 clouds and the sun was setting and the Egg was 2 in front of us as you come in on the road, and 3 the buildings were out there and it kind of 4 looked very pretty, and Suzi Oppenheimer said, 5 That would make a great picture, and Manny 6 said, No, it would be a lousy picture and he 7 explained to us why, and we then knew the 8 difference between somebody that's a 9 photographer and the rest of us who take 10 pictures. We thought that would be a great 11 picture but he knew it wouldn't be. 12 So he is a very talented man 13 and for those of us who know him as dedicated 14 as he is to his job and as he does oftentimes 15 these terrible positions we put him in to be 16 the attack dog on the floor, and he does it so 17 nicely and the fact is if you know him real 18 well, you know nothing is more important to 19 him than his family, and to hear him talk 20 about his wife or his children and the many 21 things he does for and with his children, if 22 you didn't think about family life and the 23 appreciation for family especially, you would 24 after you listen to him talk, and I have to 25 say that there's nobody I've admired more for 1 their ability to do this job than Manny, 2 nobody I've admired more for how well he does 3 his job and the understanding he has for it 4 and, most importantly, he has a love for this 5 institution as great as anybody here, and I 6 think that's something that sometimes we lose 7 more nowadays than we did in the past. 8 It seemed like when I first got 9 here, and I hate to say how long ago it is now 10 because it's making me one of the old guys, 11 not necessarily in age but in years here, 12 there was more of a love for the institution 13 itself than there is today I think, and I'm 14 kind of sad to see that disappear like it has, 15 but maybe we can get it back and maybe by 16 having these kind of speeches about people who 17 are leaving that truly love the institution, 18 maybe we will get that back if only through 19 repetition and mentioning it; but I have to 20 say once again that it is a very happy day 21 that I get to honor my friend and tell him 22 some of the things I think about him, but it's 23 also a sad day because I know he's going to 24 leave, and I don't know how often I'll see him 25 because Queens is quite a ways from Buffalo. 1 But, Manny, I'd like to thank 2 you for all of your advice. I'd like to thank 3 you for all of your leadership, but most of 4 all, I'd like to thank you for my friendship. 5 Thank you. 6 ACTING PRESIDENT GOLD: Thank 7 you, Bill. 8 Senator Leichter. 9 SENATOR LEICHTER: Mr. 10 President, I've called you many things in our 11 years together, but I think never "Mr. 12 President". 13 ACTING PRESIDENT GOLD: And 14 I've never called you "Beatnik". (Laughter) 15 SENATOR LEICHTER: I don't know 16 if you remember the first time we met, but I 17 remember it very clearly, I got on a Trailways 18 bus to go back to New York City. It was the 19 end of the session and Sy Thaler was sitting 20 there with this young gangling looking kid and 21 he saw me and he called me over. He said, "I 22 want to introduce you, this is going to be 23 your new colleague in the Assembly. He's 24 going to take Moe Weinstein's place," and we 25 talked a couple minutes, and I went back to my 1 seat, and I said to myself, This is a really 2 shy guy. He's never going to cut it up here. 3 Well, I guess my judgment on 4 that, like many other things -- has proven to 5 be not so correct. But, Manny, you've really 6 been, to my mind, the quintessential 7 legislator. You have been so effective, such 8 a presence on the floor and in conference. I 9 have so many memories of us together and 10 things that we've done, but the one memory 11 that will always stay with me is your debating 12 bills on the floor while you're on the phone 13 dictating an affidavit to your office in New 14 York. 15 You're a person of great range 16 of interests, as an athlete, as a musician, as 17 a lawyer, and as a legislator, as a person who 18 reads and thinks. By the way, now I finally 19 found out why Billy Stachowski never learned 20 to play tennis. You taught him. 21 But really serving with you has 22 been one of the high spots of my service here, 23 and I don't mind saying to you and sharing 24 this with all my colleagues, when I went 25 through the wrenching decision -- and it was a 1 wrenching decision -- whether I would run 2 again, when you had already announced that you 3 weren't going to be here just very hard for me 4 to imagine the Senate without Manny Gold. 5 You've really graced this 6 institution. You've been incredibly 7 dedicated. As Billy said, and it's true, you 8 love the institution. You've been as critical 9 of it as anybody, but criticism that flows 10 from your esteem for the institution, wanting 11 it to do well, and you could be extremely 12 partisan, as I know my friends on the other 13 side of the aisle can attest to, but I think 14 they also know that it flows from the 15 dedication you have to your job and the 16 seriousness with which you take the job. 17 Manny, you've taken your job 18 very seriously, but you've never taken 19 yourself seriously, and it's been such a joy 20 and pleasure to have served with you and, as I 21 said, it's hard for me to imagine this place 22 without a Manny Gold, but you certainly left a 23 record that, for many, many, many years people 24 are going to think of and hold in the highest 25 regard. 1 Thank you for what you've done 2 for all of us, Manny. 3 SENATOR ONORATO: Mr. 4 President. 5 ACTING PRESIDENT GOLD: Senator 6 Onorato, why do you rise? 7 SENATOR ONORATO: I rise for a 8 point of information. I would like the Chair 9 to rule on the germaneness of all of this 10 nonsense going on here today. 11 ACTING PRESIDENT GOLD: 12 Senator, I've got ten bucks in my pocket 13 that's yours, and you're going to have to get 14 it back the hard way. 15 SENATOR ONORATO: I appeal the 16 ruling of the Chair. 17 ACTING PRESIDENT GOLD: Senator 18 Skelos, why do you rise? 19 SENATOR SKELOS: Would you 20 please call him out of order. 21 With the consent of the 22 Minority, we're going to have a quick meeting 23 of the Rules Committee at this time in the 24 Majority Conference Room. 25 ACTING PRESIDENT GOLD: Meeting 1 of the Rules Committee immediately. 2 SENATOR LACHMAN: Mr. 3 Lieutenant Governor. 4 ACTING PRESIDENT GOLD: Senator 5 Lachman. 6 SENATOR LACHMAN: It's a 7 pleasure to rise and speak. 8 As Senator Connor said before, 9 his first day here was helped greatly by you. 10 A first day as a legislator is not just a 11 day. In terms of time, it's a couple of years 12 and I've been helped tremendously by you and, 13 as Senator Marchi said, I really believe it 14 will be an institutional loss at the end of 15 the session when you and Franz and Charlie 16 Cook leave this institution. 17 Institutions have to go on, and 18 they go on based upon what we learn from those 19 who were here before and, Manny, I know no one 20 in or out of this chamber who can combine the 21 sharp analytical debating skill with a first 22 class razor-sharp mind and a wit that is 23 sometimes acerbic but hits the mark as state 24 Senator Manny Gold, and I have not had the 25 pleasure of knowing you as long as others 1 have, but I will always see you when I look at 2 my newsletter. There is that picture of me 3 that the photographer could not take, and you 4 took as the best amateur photographer around 5 and I'm looking forward to the new pictures 6 that you took this week for future news 7 letters as well. 8 We're all going to miss you in 9 our own way but, as you said to me in one of 10 your TV programs, I believe that we need more 11 citizen politicians in the Senate and in my 12 eyes you will always be a citizen politician 13 of the Senate whether you're working full time 14 at law, as you will be, or whether you work 15 full time as Senator and part time as an 16 attorney, as you have been. 17 So congratulations. Enjoy your 18 active retirement, and one more addendum. 19 Based upon what Bill Stachowski said, Senator 20 Stachowski admired your devotion to family and 21 he mentioned your Judy, he mentioned your wife 22 and your children. I was very visibly 23 impressed when you lost your parents and 24 during the period of mourning and what you did 25 for that immediate period of mourning and the 1 year after that, in not only remembering them 2 but perpetuating that memory in a way that you 3 knew they would want you to do, and I 4 congratulate you for that. 5 So your love of family is 6 intergenerational, those that are with you 7 today, those that were with you yesterday and 8 those that are -- will be with you in the 9 future, and I commend and congratulate you for 10 that, but that's what life is all about. 11 ACTING PRESIDENT GOLD: Thank 12 you, Senator. 13 Senator Goodman. 14 SENATOR GOODMAN: Mr. 15 President, if anyone in this chamber can 16 legitimately lay claim to being a "renaissance 17 man," I think it is you, Mr. President, and 18 I'm happy to attest to this fact as a result 19 of our long experiences together. 20 You have combined a tremendous 21 athleticism, physical prowess, aesthetic 22 sensitivity, photographic capacity of remark 23 able breadth, even to the point of having 24 prepared a collage of portraits of your 25 colleagues on the softball team of the Senate 1 which hangs in perpetuity in the Senate lounge 2 and will always be an inspiration to 3 generations to come as they view these 4 handsome visages and recognize tremendous 5 athletic skills of the past. This is sort of 6 like the Brooklyn Dodger team of 1939 or 7 several of the Yankee World Series 8 championship teams. We thank you for that. 9 No one has had more vigorous 10 capacity to attack when you were playing your 11 partisan role but at the same time your 12 ecumenical capacities were amply demonstrated 13 in the chamber only a few weeks ago when you 14 were gracious enough to stand and debate a 15 bill on my behalf against the rigorous attack 16 launched by my colleagues on this side of the 17 aisle against the bill. I thought that your 18 perspicacity in doing that was commendable and 19 indeed showed your breadth of understanding of 20 the true merits of legislation. 21 Quite seriously, Manny, you'll 22 be sorely missed. You're a wonderful guy, and 23 we respect you both for the rigor of your 24 competitive spirit, but at the same time for 25 the gentleness and goodness of your true self 1 and we shall miss you very deeply indeed. 2 And may I say before concluding 3 my remarks that I was out of the chamber a few 4 moments ago when my dear colleague, Senator 5 Cook, was mentioned and I'd like to just say a 6 word about him, with your indulgence. 7 Charlie Cook and I, as you 8 know, have often been lonely voices in 9 standing up for what you might be able to 10 describe in certain areas as progressive 11 principles whether it relates to matters of 12 choice, women's rights and the like, and I 13 wish that you could all have been with me in 14 New York when a progressive Republican group 15 honored Senator Cook within the past few days 16 at a special dinner called in his honor. It 17 happened that the Governor of California was 18 there to salute him and a group of people from 19 the Republican Party in the City and outside 20 it, gathered together for the sole purpose of 21 telling Charlie Cook how deeply we appreciated 22 his efforts on behalf of many worthy causes 23 here in the Senate. 24 Charlie is a man of enormous 25 stature. I cannot say how much I will miss 1 him both personally and philosophically 2 because he has always, in my judgment, hued to 3 the highest standards in both his personal 4 behavior and his legislative acuity in 5 pursuing the things in which he deeply 6 believed. Charlie has never abandoned his 7 compass points on issues of basic morality and 8 his perception of human behavior. 9 There is no one in this chamber 10 whom I more highly respect and for whom I have 11 greater affection, and, Charlie, we're going 12 to miss you from the depths of our hearts, and 13 I wish you well. 14 ACTING PRESIDENT GOLD: Senator 15 Saland. 16 SENATOR SALAND: Mr. President, 17 a few short moments ago I walked into the 18 chamber and did an about-face and walked out. 19 I thought due to my sleep deprivation that I 20 was hallucinating, that I was in the midst 21 of this absolutely horrible nightmare, the 22 worst of all possible worlds, not merely to 23 find myself as I had been in previous 24 incarnations in the legislative Minority, but 25 to have you presiding. What could possibly be 1 worse than that? 2 SENATOR PATERSON: Leichter. 3 SENATOR SALAND: I heard a 4 voice -- I heard a voice in the distance. I 5 think I can identify it, but won't. I think 6 the voice said Senator Leichter. 7 Seriously, Manny, I have 8 enjoyed very much not only your friendship. I 9 can recall when I first had arrived in this 10 chamber, my first year or two here. We had 11 the opportunity to be on differing ends of 12 issues, and you so capably put my feet to the 13 fire and perhaps singed them rather badly. 14 You are an extraordinaryly formidable 15 adversary, but much better than that you're 16 wonderful friend. We have very much enjoyed 17 our times together. I fear they haven't been 18 frequent enough, but I'm sure opportunity will 19 present itself to have some more of those 20 rather enjoyable social events. 21 I suspect that the world in 22 front of you is going to be far more 23 professionally lucrative than the one that 24 you've left behind. Public service, as many 25 of us understand, doesn't necessarily 1 translate to remuneration. You have the 2 wisdom to look to a bit of the financial side 3 that leaving us here to toil in the sometimes 4 seemingly endless and irrational way that we 5 do. 6 You, I think, in many, many 7 ways define what a legislator is all about. 8 I've seen you, much as Senator DeFrancisco 9 mentioned, take a seemingly almost 10 non-existent point and weave it into something 11 that you managed to keep us a day at, for good 12 part of an afternoon. I understand you 13 performed rather admirably in the Rules 14 Committee a bit earlier, actually yesterday, 15 and while you will be missed, Manny, you will 16 be missed for your wit and your charm and not 17 for your ability to make us sort of stand here 18 on edge as you perform as ably as you do. 19 So I wish you, you and your 20 family all -- all that I would wish, as I've 21 said earlier to Senator Cook, for myself and 22 my family. I'm sure that we have not heard 23 the last of you, but thankfully we won't have 24 to listen when you attempt to impose your will 25 on us once we get beyond this session. 1 God bless you. 2 ACTING PRESIDENT GOLD: Thank 3 you so much, Senator. 4 Senator Onorato. 5 SENATOR ONORATO: Mr. 6 President, I'm sorry I was a little late 7 getting to the chamber. I'm trying to think 8 of something nice to say about you, and I 9 still haven't been able to come up with it. 10 The only thing that I was able to succeed in, 11 I have a petition here signed by Joseph Bruno 12 and all of the members of the Republican Party 13 requesting that Senator Dollinger join you and 14 Franz on your retirement, but be that the case 15 that it's not about to happen, we do want to 16 say a special thank you for all of the things 17 that you've contributed to this chamber, for 18 standing up for each and every one of us when 19 you were the deputy Minority Leader. 20 I have a great deal of remiss 21 about the fact that I can't believe that the 22 last two times out with you that I contributed 23 six dollars and four dollars but that will 24 change very, very rapidly now that you're 25 going to be back home practicing a little bit 1 more. I was really astounded. I knew that 2 you knew how to play the piano, but I wasn't 3 aware that you knew how to play the trumpet 4 until I heard you, and I can assure everybody 5 here that he doesn't know how to play the 6 trumpet, but he does a good attempt at it, as 7 he does everything here so masterfully, he 8 fakes it so well, the idea that he -- I don't 9 know what you call that cup over it. It's a 10 muter, so that you couldn't hear it, but on 11 two or three occasions I told him to tone it 12 down because I was able to hear him on several 13 occasions. 14 But Manny, again, Billy 15 mentioned the fact that he's not going to be 16 able to see too much of you because he's up in 17 Buffalo. I'm very sorry to say that I can't 18 say the same thing because I'm still going to 19 see a lot of you in Queens County, much to my 20 regret, but be that as it may, I'm still going 21 to look forward to it not only for playing an 22 additional round of golf or two with you but 23 going out to dinner with Judy and the family. 24 I wish you are the very, very 25 best in health, and may all of your retirement 1 hours be billable ones. 2 ACTING PRESIDENT GOLD: Thank 3 you. 4 Senator Smith. 5 SENATOR SMITH: Thank you, Mr. 6 President -- honey! 7 All of you know how shy and 8 retiring and naive I am, and, Manny, I want to 9 thank you for my deflowering. Oh, I meant to 10 say my awakening in the Senate. You know, you 11 bust my bubble again, you and Marty talking 12 about this rivalry between Brooklyn and 13 Queens. I thought everybody was fighting over 14 me. 15 You know, Manny, we've had some 16 good times, sometimes the bad times. I 17 thought I was a member of the other side 18 occasionally, but you've always been there as 19 my leader from Queens. You've taught me a lot 20 and you have a hell of a nerve leaving me. 21 I'm going to miss you, but most 22 of all, I'm going to miss the sounds of yours 23 that I love so much, but I'm thankful for one 24 thing. You're going to be in Queens, and I'll 25 get to see you all the time and I might even 1 have to hire you some time. You may have de 2 flowered me and taken away my naivete, but 3 it's all for the benefit of this Conference. 4 ACTING PRESIDENT GOLD: Thank 5 you. 6 Senator Mendez. Senora. 7 SENATOR MENDEZ: So, Mr. 8 President, Mr. President. A lot of wonderful 9 things have been said about you, justifiably 10 so. You are very, very intelligent. You've 11 been an excellent legislator. You are a - 12 you've been a great colleague. You have 13 served well, and your constituents and the 14 residents of New York State, oftentimes I did 15 say to you that you were such an excellent 16 lawyer that at times I felt tempted to commit 17 a crime so to benefit from your defense. 18 But anyhow there is one quality 19 that you have which I enjoy enormously and 20 that we're going to miss, at least I will miss 21 very much so, and that is that within your 22 personality you have such a -- such a 23 boyishness, an excellent sense of humor, and 24 the times in which you have differed in a 25 position or an issue with others, you have 1 expressed your point of view, but you have 2 managed to differ respecting the other persons 3 that hold a different position on a particular 4 issue and, since everybody is remembering 5 different experiences with you, there is one 6 that I treasure, and that is once I was - 7 when my office was in the LOB I was working 8 late, and suddenly who appears in my office, 9 roller skating about eight o'clock at night? 10 My dear Manny, and so I will treasure that. 11 So we are going to miss you 12 very, very much so. As a matter of fact, as 13 today approached, I kept telling you, because 14 you have been sitting next to me for so many 15 years, I have been telling you all along, Oh, 16 Manny, Manny, we're going to miss you, we're 17 going to miss you, and we shall miss you. We 18 hope to see you anyhow. We wish you the very 19 best. You are -- you have shown great respect 20 for this institution and for all your 21 colleagues, respect and affection, and again 22 we shall miss you, Manny, and we hope to see 23 you and we wish for you the very best. Enjoy 24 your life and be well and healthy. 25 ACTING PRESIDENT GOLD: Thank 1 you very much. 2 Senator Nozzolio. 3 SENATOR NOZZOLIO: Mr. 4 President, like Senator Saland, I was out of 5 the chamber. When I returned, it appeared to 6 be something very incongruous that was 7 presiding over us, but unlike the other 8 speakers, I don't rise to praise you. I just 9 got a note from Senator Skelos that said 10 stretch this out and keep you out of the Rules 11 Committee as long as possible. 12 Like many of us here, I did my 13 time in the Assembly, that I served ten years 14 there and rose to the ranks of Deputy Minority 15 Leader. When I first came to the Senate, my 16 very first bill before the Senate, I was 17 greeted by the then Deputy Minority Leader, 18 who was extremely collegial in the sense that 19 in debating my first bill, decided to pull out 20 the Red Book and said, "I see, Mr. Senator, 21 that you have two degrees from Cornell." I 22 said, "Yes, Mr. Gold, Mr. Senator, I do." He 23 says, "How could you be so stupid to put a 24 bill like this before this house by such an 25 educated Senator?" 1 Well, Senator Gold, unlike 2 Senator Smith, you didn't deflower me, but - 3 ACTING PRESIDENT GOLD: You 4 know, this record is going to have to be 5 edited. 6 SENATOR NOZZOLIO: Mr. Presi 7 dent, with all the greatest respect, it has 8 been a very wonderful experience to serve in 9 the state Legislature, the finest experience 10 to serve in this house and you -- and I say 11 this with the greatest respect -- have made 12 this Senate a better place. Your legacy is 13 very significant, but I'd like to think that 14 also one of your contributions is you made us 15 better Senators, and as such I'd like to think 16 of myself learning from your experiences that 17 you've put before us in the best of collegial 18 debate, in the best of a friendship, and I 19 want you to know that you certainly have a 20 friend here from not only your alma mater here 21 but down above Cayuga's waters as well. 22 Thank you, Mr. President. 23 ACTING PRESIDENT GOLD: Thank 24 you so much. 25 Senator Volker. 1 SENATOR VOLKER: Mr. President, 2 Manny, very quickly, and I say that because 3 I've heard that we're holding up the entire 4 process of the Capitol, but be that as it may 5 I just want to say that you and I've known 6 each other for so many years, both escapees of 7 the Assembly, as we say, you and I over the 8 years have even exchanged some law business. 9 I'll get to that, and we've gone through some 10 personal tragedies where we've exchanged calls 11 on a number of occasions when we weren't 12 here. 13 I think even though we have 14 debated probably, other than Franz, probably 15 debated with you more than just about anyone 16 else. I think we always maintained respect 17 for each other and for the points of view that 18 we had and there were times as you know, in 19 the past, where you and I were sort of 20 designated to try to calm waters down. It's 21 hard to believe, but -- and you and I have 22 often, as I said, have always been able to 23 share, I think, an understanding and I will 24 miss you, as I told you as soon as I heard 25 that you were retiring when I personally 1 talked to you, and I know that with your 2 intellect and your drive that you'll still go 3 on to do even higher and better things, and we 4 will certainly miss you. 5 ACTING PRESIDENT GOLD: Thank 6 you, Senator. 7 Senator Breslin. 8 SENATOR BRESLIN: Thank you, 9 Mr. President. 10 I don't believe many people 11 here in this chamber know that we share 12 something very much in common, that you were 13 elected to the Senate here the same year that 14 I was born, and I can just -- I can recall 15 when I heard the news that you were leaving 16 and I said, Why? Why are you leaving? And you 17 indicated, as some of you know, that Seinfeld, 18 Manny said, "Seinfeld called me and said to 19 me, 'Manny, why don't we both go out on top?'" 20 And now he is on top and Seinfeld did know 21 something, and sitting here as the Majority 22 Leader. 23 But as I sat here listening to 24 each of you on both sides using words like 25 "quintessential" or "bright", "artistic", 1 "athletic", it really calls to mind the 2 sincerity of the comments that we really do, 3 in fact, have someone who is very much a 4 "renaissance man" and, as one of the Senators 5 said that it's -- we evaluate ourselves by our 6 peers. That's what I will miss most about 7 Manny, that I evaluate him as a "renaissance 8 man" and we each lose something by his loss to 9 us. 10 Thank you. 11 ACTING PRESIDENT GOLD: Thank 12 you, Senator. 13 Senator Leibell. 14 SENATOR LEIBELL: Thank you, 15 Mr. President. 16 Manny, I've served here in the 17 Assembly and Senate for 16 years, and I have 18 to say, to echo my colleagues, that when I 19 walked in the chamber and saw you presiding, 20 that this was without question the most 21 terrifying sight that I had ever seen. But 22 however, to see you in the position of 23 presiding officer, a position that requires 24 objectivity just shows that no matter how late 25 in someone's career, you can learn a new 1 skill. 2 It's going to be a shock to 3 your law firm when they finally see those time 4 sheets without the per diem on them, but I 5 have no question that you are going back to a 6 far, far better world practicing in the 7 private sector. 8 I think most of the members 9 here certainly know you very well and maybe 10 most of them do not know, however, how 11 wonderful your family is and without question 12 as my wife and I have enjoyed the company 13 of you and your wife, you have one of the 14 nicest families that I have ever known. You 15 have served here well, and without question 16 has been with the support of your family, and 17 I look forward to over the course of the 18 future years getting together. I undoubtedly 19 will see you in Cuzco but more importantly, 20 hopefully I'll be able to see you over dinner 21 and drinks. 22 You've been a great friend, a 23 wonderful adversary, but more importantly a 24 good friend. 25 ACTING PRESIDENT GOLD: Thank 1 you, Senator. 2 Senator Oppenheimer. Senator, 3 will you stand up, please? 4 SENATOR OPPENHEIMER: I'm 5 standing. That joke is getting so old. 6 Almost as old as you, Gold. 7 I wanted to note something 8 first, which is -- and I think this is really 9 important -- that there are so many members of 10 staff that have come out to listen and to pay 11 tribute to you, and I think that's because of 12 your wonderful cameraderie and friendship with 13 the staff, which is not all that common, so I 14 wanted to acknowledge all of your people, your 15 helpers, that have been there for you through 16 the years. 17 Well, we've talked about the 18 institutional loss, and your intellect and 19 your being there as the loyal opposition and 20 also the funny opposition. You've often 21 injected humor when we got a little tense 22 here, but I think it's going to be difficult 23 for us next year, and I think those of us on 24 this side of the aisle are going to have to 25 step up more to the plate because it's going 1 to take all of us to step up and fill your 2 shoes. 3 Well, a lot has been said about 4 how multi-faceted you are, and we've heard 5 about the trumpet, but there's also the banjo 6 and the piano, which I've been fortunate 7 enough to hear, and the photographer -- by the 8 way, you have to take a picture of me today - 9 and the golf and the tennis, though the tennis 10 went because of your eye injury, and that was 11 too bad because we had wonderful games until a 12 few years ago. 13 But you're just an 14 extraordinarily gifted man, and you have a 15 great gift of friendship, and I think many of 16 the people that speak today are speaking as 17 your friends because you've reached out to so 18 many and established these warm personal 19 relationships, and I just want to say that 20 it's hard to imagine this place without you, 21 and because of all these friendships, I just 22 want to say I love you, and I think all of 23 these other people who have spoken love you, 24 and it's going to be very hard without you, 25 but we'll try and step up to the plate. 1 If I can just say one word with 2 your indulgence, Mr. President, to Charlie 3 Cook. Oh, gosh, Charlie, I don't know what 4 we're going to do without you. You have been 5 such a friend to the women in this state. 6 There I go, I'm always putting my foot in my 7 mouth, as Marty Connor will attest. I did it 8 again, but you're just such a principled man 9 and such a humanistic man, and you have always 10 been there for so many of our causes, and I - 11 I hope that we will be able to garner more 12 support for -- for women and for our right to 13 reproductive freedom because you've understood 14 the significance and how it really is a 15 question of our destiny how we are able to 16 control the use of our bodies, and you're 17 going to be terribly missed, but I hope you 18 will be well and enjoy your retirement, and I 19 want you to know we really, really cared about 20 you, care for you, and wish you well. 21 ACTING PRESIDENT GOLD: Thank 22 you very much. 23 Senator Balboni. 24 SENATOR BALBONI: Mr. 25 President, I couldn't let the opportunity pass 1 to tell you something publicly that I have not 2 mentioned to you. As I suspect replays on 3 this floor every single year, I was standing 4 back here in 1985, the month was February, and 5 John Dunne asked me to come down and see 6 session for the first time, and I was standing 7 right over there, and you were up railing 8 against something and you were going on and 9 on, and everybody around was going, "Oh, 10 there's Gold going off again, there he is," 11 and I looked at you and I said, "Damn, he's 12 good," and I've always wanted to do that. I've 13 always wanted to be able to have your ability 14 to stand up and be so forceful and to be so 15 witty, to make people laugh and, at the same 16 time, get the point home and I've spent the 17 intervening 13 years trying to do that, and 18 what I really wanted to tell you was that all 19 of my colleagues in the Assembly, particularly 20 in the Democratic majority, the reason why 21 they had to listen to all of my railing over 22 the last seven years is because of you, and 23 you're the reason why I spend so many hours up 24 on my feet and in my court practice trying to 25 do what you've done, and I won't do -- I won't 1 repeat the same acts in this house, but I 2 couldn't let the opportunity pass without 3 telling you, and not to be sappy, but we all 4 look for people whom we emulate. We all look 5 for people who, you know, give us something to 6 shoot for and for this young man, young kid 7 fresh out of college, fresh out of law school, 8 you were it for me and so nice to see you go 9 out with all this admiration and you will 10 always be my standard for how to conduct a 11 really good floor debate. 12 ACTING PRESIDENT GOLD: Thank 13 you, Senator. 14 Senator Paterson. 15 SENATOR PATERSON: Mr. 16 President. Senator Gold. Manny. I have a 17 few words -- dynamic, articulate, perceptive, 18 courageous, outspoken. Now that I've 19 described Senator Cook, maybe I'll think of 20 something I can say but about Manny Gold. 21 I came to this chamber in 1986 22 and I was, as a year earlier Senator Balboni 23 was, I was absolutely amazed and shocked at 24 the ability that you displayed on the floor. 25 I used to come to the chamber, I thought, for 1 nothing else than just to watch Senator Gold 2 conduct floor debate. As I think Senator 3 Stachowski said earlier, there was no issue, 4 there was no situation that he didn't seem to 5 have an answer for, and it always appeared 6 that it was just coming to him, and it also 7 always appeared that it was an answer that not 8 only satisfied the immediate situation, but 9 was a good lesson. 10 There are so many lessons that 11 I have learned just listening to you on this 12 floor that I wouldn't even attempt to 13 enumerate them. I had heard about you before 14 I came to the Senate. I think it bears some 15 mention about your goals to try to establish 16 some integration in an area that was in a 17 northern community and was kind of a 18 controversial situation and you risked 19 probably your entire career at that particular 20 time. 21 I read about your legislation 22 involving the "Son of Sam" laws in the late 23 '70s, so when I came to serve with you, it 24 was not only an honor but it was also a little 25 frightening to sit down and try to impress 1 this individual that you knew anything, and I 2 really knew very little and was also 3 interested that with all of this intelligence 4 and with all of this command of knowledge and 5 verse, of literature and understanding of 6 theatre and culture, that the truly 7 intelligent person makes themself available 8 and can simplify issues so that anyone can 9 understand them, and that was the kind of 10 training that I received under your tutelage 11 coming here to the New York State Senate. 12 I was fortunate enough to serve 13 with you for eight of your 16 years as Deputy 14 Minority Leader. In 1995, we gained a new 15 Minority Leader, Marty Connor, and he's not 16 perfect. He appointed me as his deputy. 17 ACTING PRESIDENT GOLD: Albeit 18 a brilliant choice. 19 SENATOR PATERSON: And I think 20 there was a perception that new leaders have, 21 that they want to bring in a new team, show a 22 little bit of a different look; it's certainly 23 something that I would have done, but I went 24 back about ten years ago to my old high school 25 and I saw a teacher who is still there, and he 1 said to me, "You know, when I first came to 2 this school, I used to go out in the hall if 3 there was a fight among students and I would 4 get next to Mr. So-and-so and Mr. So-and-so, 5 teachers that I had had when I was in high 6 school, and" he said, "I'm really scared now 7 because now I go out in the hall and everybody 8 is trying to get next to me." 9 So I sit in this chair 10 sometimes and Senator Lachman comes over and 11 Senator Abate comes over and some of the new 12 Senators, Senator Sampson and Senator Gentile 13 come over, and they ask me these questions as 14 if I really know what's going on around here, 15 when, in fact, all I've ever been doing is 16 mimicking Senator Gold, and the reality is 17 that whenever a new look was shown that 18 Senator Connor would come to me and he's 19 saying, Look, David, we've shown a new look 20 and saying we're now going to go back to the 21 most effective thing that we can do and, with 22 your indulgence, we're going to bring Senator 23 Gold back to sit here, and then I would go 24 back and sit in the seat that Senator Smith 25 was in -- hopefully she will stay in it when I 1 sit there -- and the point is that Senator 2 Gold would reassume command. 3 That's the kind of feeling I 4 have about you, Manny. There is no one who I 5 have ever seen that works harder on something 6 than you. You were organ playing when I was in 7 313, and those tones that would drift up to 8 the fourth floor was terrible, just to say the 9 least. But the point is that you kept 10 working, you were persevering, and all I can 11 say is you've moved to the ninth floor now, so 12 I would assume there's been some improvement. 13 But the reality is that when 14 Senator Gold -- I think the lesson that he 15 teaches all of us is he may make it look easy 16 but everything that he gets involved in, he 17 works at very hard. A magician doesn't reveal 18 his tricks, but Senator Gold's perseverance 19 and dedication to any issue that he works on 20 is a lesson I think we all could certainly 21 follow. 22 And so, as a person who outside 23 of this chamber is a leader in his family and 24 I -- someone mentioned about what a wonderful 25 family he has, when I came to the Senate, used 1 to talk about his family and I always noticed 2 that his priority of when to be a legislator 3 and when to be a family member was something 4 that when I started a family a few years ago 5 is something that I've always listened to. 6 So Manny, we -- as you leave, 7 we certainly understand that there are other 8 commitments that you want to get involved in 9 and we hope you'll come back to visit, but 10 whenever you do come back, please remember 11 that the seat is always yours. 12 Thank you. 13 ACTING PRESIDENT GOLD: Thank 14 you so much. 15 Senator Maltese. 16 SENATOR MALTESE: Mr. 17 President, I hesitate to go on at length for 18 fear that after listening to all these 19 adulates, you may decide to change your mind. 20 Seriously, I join with my 21 colleagues in indicating that we will suffer a 22 great loss. Certainly a year that you, 23 Senator Leichter and Senator Cook are leaving 24 leaves a mighty big gap in the Senate. 25 Because you're from Queens County, and I'm a 1 neighbor, I have had an opportunity to meet a 2 lot more people that know you and that 3 interrelate with you and work with you, and 4 one thing about it as they have indicated that 5 you are a man of integrity, a man of honor, a 6 man of your word, which is very important in 7 politics. 8 Certainly we have been on 9 opposite sides of the issue at many, many 10 times. At the same time, there was never a 11 level of acrimony or I think bitterness in 12 those -- in the discourse between us. I -- I 13 really feel that your role here in the Senate, 14 together with my good colleague Senator 15 Leichter and, of course, Senator Cook, is the 16 key one and certainly the Senate will be a 17 much lesser place with your leaving. 18 Your debating skills have to be 19 commented on, have to be praised. I -- if I 20 were the Minority Leader at this time with the 21 loss of you and Senator Leichter, I would be 22 scouting around for -- for people in the bull 23 pen, so to speak, with knowing that it takes 24 some 10 or 15 years and perhaps they never can 25 attain your level of proficiency and skill; 1 and certainly I, as your neighbor in Queens, 2 as your neighbor here in the Senate, will miss 3 you a great deal and there will be times, as 4 surprising as it may seem, that I'll wish you 5 were back. 6 Manny, we miss you -- we'll 7 miss you. 8 ACTING PRESIDENT GOLD: Senator 9 Maziarz. 10 SENATOR MAZIARZ: Thank you 11 very much, Mr. President. 12 ACTING PRESIDENT GOLD: And 13 who's next? No. 14 SENATOR MAZIARZ: I just want 15 to follow up on one thing that Senator 16 Nozzolio said, Mr. President. You have made 17 better Senators out of all of us because I 18 know that, when my staff was preparing me on 19 some piece of legislation, we always tried to 20 anticipate the questions that you were going 21 to ask, and there was one particular bill, it 22 was acted on the last day of session last 23 year. I don't know if you remember this or 24 not, Senator Gold, but it had to do -- it had 25 absolutely nothing to do but everything to do 1 with a parking problem that Senator Breslin 2 was having here in the city of Albany and it 3 was an Election Law bill and you and I debated 4 this stupid bill for two hours, and I was 5 amazed at the number of questions that you 6 could come up with about an Election Law bill 7 that had nothing to do with the Election Law 8 but more about parking in the city of Albany, 9 and about two weeks ago that bill was on the 10 active list and I asked that it be laid aside 11 because I wanted it on the calendar for today, 12 your last day here, and it just came out of 13 the Rules Committee, so we're going to do that 14 whole debate of two hours all over again. 15 ACTING PRESIDENT GOLD: Senator 16 Dollinger. 17 SENATOR DOLLINGER: Thank you, 18 Mr. President. 19 Before I talk about my friend, 20 Manny Gold, I want to join Senator Oppenheimer 21 in just a quick word to Senator Cook. 22 Senator Cook, for your advocacy 23 on behalf of women in the state, I think we 24 should all be indebted, and I'll just tell you 25 your departure makes the women in my district 1 a little less free. 2 My friend, Manny Gold, I was 3 elected to the Senate in 1992 and immediately 4 someone got to me and said, "You're going to 5 meet my friend, Manny Gold," and frankly 6 everybody I've met in Monroe County says to me 7 when I speak to them, "You said you know my 8 friend, Manny Gold," and I'm starting to think 9 that his first name is "my friend". 10 But, Manny, you've left an 11 indelible expression in upstate New York, 12 people that knew you in Cornell who still 13 regard you 30 years later as their friend. I 14 think that's a tremendous testament to you. I 15 also have a brief telegram. It says "HEARD 16 GOLD IS LEAVING SENATE. STOP. DON'T LET HIM. 17 STOP. MUST PROMISE TO CONTINUE TAKE 18 PICTURES. STOP. OTHERWISE WILL DISCONTINUE 19 BRAND NAME IN HIS HONOR." I called George 20 Fisher. I said, "What do you mean, brand name 21 in his honor?" He said, "Well, Manny Gold is 22 the largest picture taker in upstate New York 23 and maybe in the Northeast. Where do you 24 think we got the name of Kodak Gold Film 25 from?" 1 I would also tell everybody in 2 the chamber that you're in Manny's gallery, 3 those pictures that he takes are in your 4 gallery. I think Manny has a picture of 5 everyone he served in the Senate with and he 6 will take our face much as we will take his 7 memory with us. 8 And I'll close on just one 9 note: I regret your departing, much as Senator 10 Leichter and Senator Abate, because I think 11 you're a model of what the Legislature was 12 once like. Some people would say it had too 13 many lawyers. I'm one of those who believes 14 it may not be enough because it's a lawyer who 15 brings legal skills to the floor and talks 16 about bills and their implications and 17 details. It's the training that we have as 18 lawyers that gives us the ability to see law 19 and how it affects people. 20 We're moving to a time when 21 we're going to have a fully professional 22 legislature. We'll be perhaps paid more some 23 day. We'll be full time and the notion of a 24 part-time legislator who comes to Albany and 25 listens to his constituents at home, works 1 with them as they work every day, and someone 2 who establishes and works - 3 ACTING PRESIDENT GOLD: Senator 4 Stachowski, why do you rise? 5 SENATOR STACHOWSKI: Mr. 6 President, would Senator Dollinger yield for a 7 question? 8 ACTING PRESIDENT GOLD: Will 9 the gentleman yield? 10 SENATOR DOLLINGER: Yes, Mr. 11 President. 12 SENATOR STACHOWSKI: I was 13 going to let this go, but your comments about 14 how there should be more lawyers and what you 15 bring to the table. Have you been drinking 16 this morning? 17 ACTING PRESIDENT GOLD: You're 18 out of order, Senator. 19 SENATOR DOLLINGER: Only with 20 Senator Gold, but I think, Manny, you came up 21 through the ranks as a lawyer, as a counsel in 22 this building, and I think at that time when 23 lawyer legislators were a part of this system, 24 when they contributed, when they went home and 25 they saw how the laws worked out for the 1 people that they represented, I think that's a 2 tremendous perspective and, when you leave, 3 Senator Abate leaves, Senator Leichter leaves, 4 I think our debates and our discussions will 5 be a little less rich because that important 6 perspective will be lost. 7 I wish you Godspeed. 8 ACTING PRESIDENT GOLD: Thank 9 you. 10 Senator Padavan. 11 SENATOR PADAVAN: Thank you, 12 Mr. President. 13 I've been listening carefully 14 to all these adjectives flowing back here and 15 lifted my pants a little higher than they 16 normally are. I've heard terms like 17 "articulate", "intelligent", "modest", 18 "unassuming". If someone asked me who Manny 19 Gold is, I'd say he's a pain in the "tuckas". 20 Now, you want to -- you want to spell that for 21 the stenographer, you have my permission. 22 I first met Manny Gold when I 23 was elected -- I don't even think we'd arrived 24 up here yet -- at a psychiatric center in my 25 district which seemed the most appropriate 1 place to meet him. 2 When I arrived here -- not an 3 attorney, Senator Stachowski, and I stood on 4 this floor to debate a bill -- and the issue 5 was -- had somewhat of a Conservative bent to 6 it, and I saw Senator Gold call one of the 7 pages and they went outside and they came back 8 with the Red Book, and he opened up my 9 biography, and he said, "Would you yield to a 10 question?" And of course I did. "Did you just 11 leave the Lindsay Administration? Are you not 12 a Lindsay Liberal?" I learned never to lead 13 with my left on any issue that Senator Gold 14 was interested in. 15 Regard to Charlie Cook, I'm not 16 -- I have not said goodbye to Charlie Cook 17 because we're going to see each other a lot 18 being neighbors down the road at not far from 19 Delhi. In your case, I hope I never see you 20 again, at least here, but we will; our paths 21 will cross in Queens County. 22 I do want to say something 23 seriously at the moment and that was to build 24 upon the point that Senator Paterson made in 25 regard to your dedication to your family. 1 I've had the pleasure of observing you and 2 your family over a period of 26 years that 3 I've been here, particularly with regard to 4 Adam and how you have done things that I doubt 5 most parents would have the capacity and the 6 ability to do, and that is, to me, the mark of 7 a man, the person, and for that I say to you, 8 we could all be very, very proud. 9 I know that your career in law, 10 and in government, will not subside because 11 that's just not your nature. I'm sure those 12 of us in Queens County will hear from you more 13 often than we wish, but when we do hear from 14 you, it will be something important. 15 Good luck. 16 ACTING PRESIDENT GOLD: Thank 17 you, Frank. 18 Senator Fuschillo. 19 SENATOR FUSCHILLO: Mr. 20 President, I'm going to be very brief. This 21 is the first time since I have been here that 22 there's more of your colleagues relaxed in the 23 chairs than mine. They have all run out of 24 the chambers here. 25 I don't go back many years with 1 you, Manny, but I have to tell you, it's 2 probably my loss. The past four months have 3 really been beautiful. We've developed a good 4 friendship, and I hope that continues for a 5 long time. I've enjoyed your wit, your humor, 6 and I've certainly learned from your intellect 7 and wisdom. 8 Prior to coming here, I'd heard 9 a lot about you. Contrary to that, let me 10 tell you, you're a good guy and I just wanted 11 to rise and wish you and your family the 12 best. 13 I know you're not -- you're 14 just retiring from the Senate, but you're not 15 retiring from your legal practice, and I hope 16 to see you many years to come. 17 I wish you Godspeed. 18 ACTING PRESIDENT GOLD: Thank 19 you. 20 Senator Montgomery. 21 SENATOR MONTGOMERY: Thank you, 22 Mr. President, Senator Gold. 23 I rise to join my colleagues in 24 expressing my admiration and my love and 25 really my admiration for your outstanding 1 ability, especially in the area of debate. 2 I say that -- I want to thank 3 you and say to you the reason that I love you 4 so much is that it has always been such a joy 5 and a pleasure and a sense of pride when you 6 stand up and go after Senator Lack and raise 7 your miniature version of the Blue Book and 8 shake it at him and when you can go after 9 Senator Skelos and when you can go after 10 Senator Padavan and how you ease into a fight 11 with him. It's a wonderful feeling and even 12 Senator Bruno has had to deal with your debate 13 and your sometimes really cutting -- the way 14 you can cut them and they don't even know that 15 you've done it and most of all, who is going 16 to be able to stand up and really go after 17 Senator Stafford adequately, to make him feel 18 the discomfort of what we try to say and try 19 -- the points that we want to be made as 20 Democrats in this -- in this house and as 21 legislators who sit on this side. 22 So I'm going to really miss you 23 and I also want to thank you for the fact that 24 you've taken such wonderful photographs of 25 myself and my son. We will cherish those 1 forever and I certainly look forward to 2 continuing at least a colleague relationship 3 with you because it's too much wealth of 4 knowledge and experience that you have to just 5 quit altogether and not be available to some 6 of us who really need your leadership on a 7 continuing basis in the future. 8 So good luck. All the best to 9 you, and we certainly will miss you 10 particularly for what you have been able to 11 represent for us on this side of the aisle. 12 Thank you. 13 ACTING PRESIDENT GOLD: Thank 14 you, Senator. 15 Senator LaValle. 16 SENATOR LAVALLE: Thank you, 17 Mr. President. 18 You've certainly, in the 19 discussion about you and your record here in 20 the Legislature, have really brought out 21 certain attributes in the members that have 22 risen to speak on your behalf. 23 We found out that Senator 24 Padavan actually does have a sense of humor. 25 We have learned that Senator Montgomery, in a 1 prior life, announced the Friday night fights. 2 In all seriousness, it's been 3 mentioned, you know, those of us who have 4 served in this body for awhile remember that 5 Senator Lombardi, when he was here, was the 6 official volunteer Senate photographer. You 7 were his assistant. You took over that role. 8 With your passing, we now do not have anyone 9 who has at least come forward to be that 10 volunteer Senate photographer. 11 You have -- and I think we need 12 to say this. If we were to take your picture 13 and then write a biography, the bio' would 14 read, great intellect, great attorney, great 15 legislator, a Senator who performs his duties 16 with flare, theatrics, can be pugnacious and 17 when he leaves the Senate floor can be a very 18 caring person because I think, as Senator 19 Padavan said, a man who cares about his family 20 and can talk about it in a caring way can also 21 show that same level of care -- caring to his 22 friends and his colleagues. 23 You've done that many times by 24 putting your arm -- leaving this floor, 25 putting your arm around a colleague and asking 1 questions about some problem that that 2 colleague has had. That's a mark of a good 3 person who has a sense of humanity and has 4 carried out his duties with, as we have said, 5 a great intellect, and your debating will be 6 missed. 7 As I said in a moment in the 8 lounge, you're probably one of the few people 9 that can speak the 15 or 20 minutes or half an 10 hour about nothing, and that's what Senator 11 Maziarz said about a bill. Pick up a bill and 12 ask questions for two hours. That's just a 13 wonderful trait that you can't learn. It has 14 to be innate. 15 Good luck to you, Manny Gold. 16 ACTING PRESIDENT GOLD: Thank 17 you, Senator. 18 Senator Gentile. 19 SENATOR GENTILE: It's 20 certainly a glorious, glorious day to see you, 21 Mr. President, up there, not only as a fellow 22 Cornellian but also as a colleague here in the 23 Senate. 24 Certainly when I first -- when 25 I first met you, actually you probably -- I'm 1 sure you don't remember -- the first time I 2 met you, Senator, I was on the campaign trail 3 back in 1994 and we were at a function 4 together and I got up and I was speaking to 5 the crowd, trying to convince them why my 6 candidacy was worthy of their support and you 7 were sitting, I believe in the first or the 8 second row and you kept saying to me, "Hey, 9 kid, come over here. Hey, kid, come over 10 here," and I didn't know who you were at the 11 time and I'm looking at you and I'm trying to 12 speak and you continue to say to me, "Hey, 13 kid, come over here," and frankly I was 14 getting annoyed as I was speaking -- as I was 15 speaking to the crowd. 16 So finally after I was finished 17 addressing the crowd, I came over to you and 18 you said, "Do you know who I am?" Now, having 19 worked in Queens County, I knew of you but I 20 didn't know you. So at that time you first 21 introduced yourself to me and it's been - 22 it's been a great, great relationship, 23 friendship since that time. 24 I must say here as a colleague 25 in the Senate, you have been one of my biggest 1 advocates. You have leapt to my defense many, 2 many times here on the floor of the Senate and 3 for that I am very, very appreciative. I am 4 certainly in amazement, as many have said, on 5 your monologues, your ability to debate. In 6 fact, I think I have ordered more transcripts 7 of your talks here on the floor of the Senate 8 than any other member here. In fact, one of 9 the transcripts I ordered was the talk you 10 gave recently of what the Majority owes to the 11 Minority, and I have kept that as a reference 12 point. 13 So certainly your words will 14 live on with me, and it is really an honor as 15 a freshman Senator to have the opportunity 16 after your long career to spend at least two 17 years getting to know you, getting to work 18 with you and getting to learn from you. 19 So it is something that no 20 matter where I go and whatever I do, these two 21 years will be always very special to me 22 because of the opportunity I had to have 23 friendship with you and to learn from you and 24 last week you took my picture for the first 25 time. So I appreciate that also. 1 Thank you very much. 2 ACTING PRESIDENT GOLD: Thank 3 you, Senator. 4 SENATOR GENTILE: Good luck. 5 ACTING PRESIDENT GOLD: Senator 6 Abate. 7 SENATOR ABATE: Looking at you, 8 Mr. President, it is a glorious sight and it's 9 a sight we all could get used to. Too bad you 10 can't stay up there for a little bit longer. 11 How do I say in a few words or 12 sum up 33 years of extraordinary service not 13 only to your district and to the state Senate 14 and to all the citizens of this great state? 15 You have been described as a 16 teacher and a mentor, but let me be truthful. 17 I know all of us have tried to be truthful 18 today. 19 In the last four years you have 20 not taught me a darn thing but in spite of 21 that the best thing I can say about you, you 22 are a man not in need of Viagra and that is 23 something -- am I right? (Laughter) I'm told 24 by many people - 25 ACTING PRESIDENT GOLD: This 1 record is going to have to be expunged. 2 SENATOR ABATE: I asked Ada 3 Smith and Ada says no, but I think that's 4 probably the one thing in this whole -- this 5 whole dialogue today that you could say that 6 you're most proud of because when we look at 7 you, Manny, we don't think of someone who is 8 ready to retire. Obviously you're going to go 9 on to a very active practice. 10 I look at you as one of the 11 most vibrant thinkers, one of the most vibrant 12 human beings and that's why I raised the issue 13 of Viagra, because you are a delightful and 14 wonderful human being and that's why I think 15 all of us are standing up here today talking 16 about you in such positive and extraordinarily 17 wonderful ways. 18 When I first heard about you, 19 it was in the 1970s and '80s. I was involved 20 with crime victims and you were talked about 21 as a legend, the person who got the "Son of 22 Sam" Law passed, and they described you as 23 Emanuel Gold, Senator Emanuel Gold, and when I 24 got to the Senate and I finally met you 25 personally, I said Emanuel? This is Manny 1 Gold and I was delighted that you weren't 2 someone who was, you know, older and 3 experienced and not approachable. You were 4 wonderfully approachable. 5 I remember my first days in the 6 Senate, you coming up to me and never being 7 serious. I was trying to read bills and do 8 what I thought was supposed to be done and you 9 made me laugh constantly and when we describe 10 you, it's not just someone who has a passion 11 for what they believe in, not just someone who 12 is funny and made me laugh but someone who is 13 extraordinarily brilliant and we can't say 14 that about all of us. All of us try to do our 15 job but you are born with enormous gifts. 16 So I would describe you as a 17 brilliant debater, a brilliant negotiator, a 18 brilliant thinker, strategist, an okay 19 photographer, someone who has less courage 20 because he would never play tennis with me. 21 Finally I got to the state Senate. I asked, 22 "Do you play tennis," and you developed some 23 kind of eye ailment. Hold that against you 24 for a long period of time, but one thing that 25 I admire about you, you are serious about your 1 work. You're serious about your family but 2 you don't take yourself so seriously all the 3 time and that's what made working with you 4 such a pleasure and a privilege, and when I 5 think of the role of a state Senator, someone 6 who has the capacity to do the job and someone 7 that we could be proud of as a role model, 8 I'll close my ayes and look at your face, your 9 smiling face, and think, that's how the job 10 has been done. That's how the job should be 11 done, and I will think of Senator Manny Gold. 12 ACTING PRESIDENT GOLD: Thank 13 you, Senator. 14 Senator Hoffmann. 15 SENATOR HOFFMANN: Well, 16 Senator Gold, you look wonderful up there. 17 Thank you, Mr. President. What a wonderful 18 move by Senator Bruno to have you preside on 19 this special and momentous day. 20 There has been so much said 21 about you that most people will think that it 22 is a typical work of fiction by people 23 debating in this chamber, but it is remarkably 24 accurate that you are what has often been 25 described as a "renaissance man", somebody who 1 has done enough of everything and done it 2 surprisingly well to have earned the respect 3 of a friend and an adversary alike. 4 I don't think that it has been 5 put in the record yet that you are also a 6 roller skater and now roller blader and have 7 skated in these very halls, skating back and 8 forth from the LOB to the Capitol to, in best 9 Joe Bruno fashion, stay on time, keep this 10 place running like clockwork, once again 11 setting an example. Always here, always 12 prepared when the session was about to begin, 13 whatever time of day or night, setting an 14 example for those of us junior members who 15 were sometimes loathe to come here and dig 16 into issues of substance about which we were 17 unprepared. You would never hesitate to jump 18 right in, prepared or knowledgeable or not, 19 you always could give the impression that you 20 knew what you were doing. 21 I've had the unique experience 22 in my early years of having you decide that 23 you wanted to be of help to me because I was a 24 junior member from a rural area and I was the 25 ranker on Agriculture on this side of the 1 aisle. Somehow you got the idea that it would 2 be useful to my cause to engage in debate on 3 agriculture bills, and issues about farming 4 and animals, about which you were totally 5 uninformed, would become the subject of long 6 inquisitions on this floor. 7 I remember being asked by you 8 to describe the difference between various 9 animals, including cows and bulls and bulls 10 and steers. Now, that was not something that 11 really needed to be discussed in any detail in 12 this chamber, but you pressed on, Senator 13 Gold, in the interest of educating people in 14 this state about the importance of 15 agriculture. 16 There was never a lost 17 opportunity for you to stop in the middle of 18 whatever I was saying, I might add. If I felt 19 that I was on a roll and was about to make a 20 point on why the prompt payment of dairy 21 checks from milk dealers in Pennsylvania was 22 important, if you thought that it would be 23 better for people in this chamber to hear me 24 talk about the different pounds of milk that 25 various breeds of cows could produce, you 1 would stop in the middle and ask me to yield 2 for a question and we would go off into a 3 different direction and then afterwards you 4 would always come up with that wonderful warm 5 smile and say, "Was I a help today? Wasn't 6 that good?" People really got to see how much 7 you know about this stuff, as if anybody cared 8 about that stuff in the first place; but you 9 also were kind and warm to those of us who 10 came here because you had already experienced 11 so much in this Capitol and you wanted us to 12 feel comfortable. 13 I still remember the day that 14 you invited, I believe, six or seven junior 15 members -- junior and sophomore members into 16 your office for a very important meeting and 17 we were summoned with all formality, and I 18 suspect some of us thought there perhaps had 19 been some indiscretion on the part of a member 20 and we were going to be informed quietly what 21 it was that needed to be done to correct the 22 misdeed or we would have an important 23 political opportunity that only you had been 24 cognizant enough to recognize and seize upon. 25 Nope, nothing like that happened. We sat down 1 and you had a large Albany Capital District 2 Multiple Listing real estate book in front of 3 you and told us that this was the time to buy 4 property in the Center Square area and you 5 were prepared to help us, that if we were 6 going to be around, we should be smart enough 7 to invest and that you would help guide us and 8 that we could do it singly; we could do it in 9 pairs. In fact, you even offered to play 10 matchmaker to help put people together who 11 were loathe to go out and do the legwork 12 themselves of actually looking at property. 13 You would guide us in the right direction and 14 just by the greatest coincidence had yourself 15 recently acquired your own real estate license 16 and out of the goodness of your heart, you 17 were going to help stimulate the Capital 18 District real estate market and provide us 19 safe accommodations at the same time. 20 You have consistently set a 21 standard for excellence in debate, in 22 preparation and in genuine intellectual 23 aptitude that is going to be forever a 24 hallmark of this chamber. 25 It's been an honor. It's been 1 a pleasure. It's been an example that I hope 2 other members of this chamber will seek to 3 emulate and will succeed in emulating and make 4 you as proud in the years to come after you 5 leave this chamber as I believe we have been 6 of you while we've served with you, Senator 7 Gold. 8 ACTING PRESIDENT GOLD: Thank 9 you very much. 10 Mr. President -- oh, Senator 11 Connor. 12 SENATOR CONNOR: Mr. President, 13 if I may have the privilege of closing. I 14 know I spoke before but -- okay. Well, 15 Charlie Cook can close. Absolutely. 16 No, what I did want to say, 17 though, is I wasn't here when Senator Cook was 18 presiding and I wanted to say, Senator Cook, 19 Charlie, we shall all miss you too. Though we 20 served on different sides of the aisle, you 21 have been a colleague who has earned the 22 respect of all of us. Your conviction and 23 courage and outspokenness, your concern for 24 education of all of New York State students, 25 including those in the city of New York which, 1 you know, doesn't always at least in our 2 opinion get the recognition it should from 3 Senators who are from upstate because we do 4 have, because of size, enormity and the 5 uniqueness of that urban area have some 6 problems in education that need to be 7 addressed, you have always been concerned 8 about those. You visited our schools and you 9 have been someone who really cared and we 10 shall miss you. 11 Mr. President, my best to you, 12 to Judy, Suzi, Steve, Adam. You have been a 13 delight to have as a friend, to have as a 14 colleague. I know how much I've relied on you 15 these past years since I have been leader 16 and -- but I look back to some funnier 17 things. 18 My greatest trip to Albany, the 19 most fun I ever had coming to Albany -- I bet 20 you people have taken -- people have taken 21 planes and people have taken trains and people 22 have taken buses and automobiles, but I came 23 on Manny Gold's boat one year. He called - 24 I'll never forget this. He called up, Look, 25 next Monday, get down to the marina bright and 1 early. I guess we left at 6:00 in the 2 morning. We had a cooler of cold 3 refreshments, Howie Babbush, Jerry Weinstein 4 and me and Manny Gold. This is going to be 5 fun. How long do you think it will take, 6 Manny? I don't know, four hours to get to 7 Albany. 8 ACTING PRESIDENT GOLD: I never 9 said four hours. 10 SENATOR CONNOR: We were doing 11 great. Manny kept saying there's a lot of 12 junk in the river, a lot of rain upstate. We 13 got about 40 piles from Albany and all of a 14 sudden there was this noise and he said, Oh, 15 we lost a propeller. We were -- we'd long 16 since run out of liquid refreshments. When we 17 arrived in Albany at about 7:00 o'clock in the 18 evening -- in those days the rules were a 19 little more flexible -- we all checked in. We 20 could barely move. We checked in, in Joe 21 Cornell's office, Bermuda shorts and 22 everything, red as can be, had been on the 23 river from 6:00 in the morning until 7:00 at 24 night. It was fun, though. It was great, 25 Manny. I'll never forget that. 1 And I know I will be able to 2 call on you any time I need your advice, I'll 3 only have to dial -- you may want to write 4 this down -- (212) 223-3400, the Law Offices 5 of Emanuel Gold, 950 Third Avenue. Manny Gold 6 is not retiring. He's devoting his full 7 effort to what he does better or as well, 8 better than just about anybody in this state, 9 practicing law and again, anyone who really 10 wants to see Manny Gold could go to 950 Third 11 Avenue and/or call (212) 223-3400. Do bring 12 your checkbook, and I know you will get the 13 finest reputation -- representation that you 14 could ever want because you will not only get 15 this man's brilliance, his intellect, you will 16 get his heart because he is such a caring 17 person. 18 Manny, you have been a joy and 19 I'm going to miss you, and I have a personal 20 thing that really -- with you and Franz 21 leaving, this Conference will miss you both 22 and somehow or other at my tender young age, 23 it will leave me as the senior Democrat in 24 service here, and I'm not old enough for that. 25 I shall try remembering the 1 fine example you have all set to carry on. 2 Thank you. 3 ACTING PRESIDENT GOLD: Thank 4 you very much. 5 Senator Cook. 6 SENATOR COOK: Mr. President, I 7 can't -- I can't tell you from personal 8 knowledge, as Senator Abate alleges to know, 9 whether or not you are in need of Viagra, but 10 I would simply say that - 11 ACTING PRESIDENT GOLD: Excuse 12 me. You know, up until the end I thought my 13 family could read this. 14 SENATOR COOK: I would simply 15 say, Senator, in all seriousness, that you 16 didn't have to stand up on that elevated 17 platform for all of us to look up to you 18 because we always have. 19 ACTING PRESIDENT GOLD: Thank 20 you, Charlie. 21 SENATOR COOK: With that, I 22 believe we're prepared for the reading of the 23 Rules -- the Finance report. 24 ACTING PRESIDENT GOLD: Yes. 25 Well, Senator Skelos, if I could waive the 1 rules for a very, very, very brief - 2 SENATOR SKELOS: Absolutely. 3 ACTING PRESIDENT GOLD: I 4 really want to thank everybody and Charlie 5 Cook said something earlier which really is 6 the truth. It's a unique experience to be 7 able to serve in this body and anyone who 8 doesn't appreciate the gift that we're given 9 by our communities is very, very foolish, and 10 I have been very lucky 33 years in Albany but 11 33 years of juggling two jobs, I think, is 12 enough, and Marty is right. I think just 13 going to 950 Third Avenue, New York, New York 14 is going to be enough. 15 Without saying too much, I 16 would be lying if I didn't say that I not only 17 cherish the friendship of my colleagues but 18 the staffs that work in this building are 19 extraordinary, and Billy and the people at the 20 desk have been -- have been just wonderful to 21 me and other members of the Minority and the 22 counsels, it's not only the counsels on my 23 side but the Majority counsels. I started as 24 a counsel up here. I know what's involved in 25 that work and they have been wonderful and if 1 the truth be told and if nobody mentions this 2 outside this room, probably one of the 3 greatest Senators to run for election and 4 that's Jack McPadden who's run my staff and 5 without whom I probably couldn't have done 6 one-tenth of what I've done over the years and 7 I know Carolyn is here and Mary is around. 8 It's just -- I have been very lucky with their 9 friendship over the years. 10 Particularly I'm lucky that 11 there is a great gentleman in that place who, 12 once an aborted leadership fight was over, was 13 great to me. Senator Connor, you are -- you 14 are really a terrific guy and my Conference is 15 very lucky that not only that you won but that 16 you conducted this Conference with the talent 17 and the concern that you have and -- but 18 that's not my problem. My problem is 19 personally, and personally you have been 20 really great to me and I appreciate that. 21 And in closing, let me say just 22 two things. First of all, I never, ever 23 suggested that sincerity and dedication was 24 limited to my side of the aisle and one of the 25 reasons this is a great place is that when I'm 1 debating people and the opinion is totally 2 contrary to what I think, I know that in my 3 heart the person I'm talking to cares as much 4 as anybody on my side of the aisle and that's 5 what makes this place so great. 6 And as far as my leaving and 7 Franz and others leaving, I have a great faith 8 in the capacity of the people in my Conference 9 and the talent of my colleagues and this 10 place, got along without me before they met me 11 and they'll get along without me in the 12 future, thanks to the talent that does happen 13 to reside on the Democratic side, and I want 14 to thank you. 15 (Applause) 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 I believe we're on reports of standing 19 committees. Could we have the report of the 20 Finance Committee read at this time. 21 ACTING PRESIDENT GOLD: The 22 clerk will read. 23 THE SECRETARY: Senator 24 Stafford, from the Committee on Finance, 25 reports the following nominations: 1 As a member of the state Board 2 of Parole, Guisella Rodriguez, of Staten 3 Island. 4 ACTING PRESIDENT GOLD: Senator 5 Stafford. 6 SENATOR STAFFORD: Mr. 7 President, I again stand and I know this has 8 been said before, but I don't say it lightly. 9 I don't say it lightly. 10 Once again, the Governor has 11 sent us nominations of people who are capable, 12 people who are dedicated, people who have 13 excellent resumes, but people who also through 14 their work have shown and their lives have 15 shown what tremendous nominees they are and 16 the tremendous job that they will be doing and 17 it's a pleasure for me now to yield to the 18 Senator from Richmond. 19 ACTING PRESIDENT GOLD: Senator 20 Marchi. 21 SENATOR MARCHI: Mr. President, 22 the apparently limitless area in the 23 generation of great leadership and great 24 character is Staten Island and back to back we 25 have a nominee before us as a prospective 1 member of the parole commission. 2 Now, she's had -- she's had a 3 splendid background, one that speaks very 4 eloquently for the service that she is going 5 to be rendering to the people of this state 6 and to our system of justice. 7 She has had a hands-on 8 experience in a number of different areas 9 touching all of the vital circumstances that 10 are affected with the safety and security of 11 the people of the multiple communities in our 12 city and elsewhere. 13 A graduate of St. John's 14 University, one who has had extensive 15 experience, one who has served for 14 years 16 with the police department and it should be 17 recorded that never once in 14 years where she 18 was serving almost continuously at the cutting 19 edge of law enforcement was there ever a 20 complaint lodged against her. I think this is 21 a very marvelous attribute and one that is 22 appreciated by many of us here when we view 23 the passing scene. 24 She's also been given awards 25 for her meritorious achievements and when you 1 reach the bottom line, it adds up to a -- to a 2 marvelous assurance that Guisella -- I hope I 3 pronounced that name right -- Rodriguez. I 4 always go to Olga for my reference, but she 5 was very true to your name -- spoke before the 6 members of the Finance Committee and survived 7 these surveillance and the investigations 8 conducted by the committee -- commission on - 9 Committee on Corrections but spoke before and 10 was submitted to questions before our Finance 11 Committee and I can say that she elicited a 12 very positive response from every single 13 member of that committee. 14 When Senator Stafford called 15 for a vote, the vote was unanimous. So what 16 I've done up to now, I have only succeeded in 17 understating the meritorious qualities of this 18 fine nominee. 19 So I move the confirmation of 20 this name. 21 ACTING PRESIDENT GOLD: Senator 22 Mendez. 23 SENATOR MENDEZ: Mr. President, 24 I rise to support the nomination of Guisella 25 Rodriguez to the Parole Board. I am much 1 impressed with her professional background. 2 She has been able as a woman to juggle her 3 life in terms of being a wonderful mother of 4 two children and a wonderful wife as well. 5 I think that she will bring 6 into the Parole Board the expertise because 7 she's been out there in the community fighting 8 crime. So if there's somebody that knows the 9 difference between an offender and a violent 10 felon, that's Mrs. Rodriguez. 11 She's -- as stated before, 12 she's a graduate from St. John's University 13 that produces so many wonderful legislators 14 and public servants in an incredible amount. 15 So it is with -- I want to 16 congratulate Governor Pataki for this 17 nomination. We hope everybody supports it and 18 the only thing that I wonder why she -- her 19 presence in the Finance Committee was that I 20 looked at her and there I see this lovely 21 innocent face and I couldn't picture her, Mr. 22 President, drawing out the gun and telling the 23 fellows, Back off, back off, but that she's 24 done and more. 25 So it's a wonderful appointment 1 and I am very pleased to support it as well. 2 Thank you, Mr. President. 3 ACTING PRESIDENT GOLD: Thank 4 you, Senator. 5 The question is on the 6 confirmation of Guisella Rodriguez of Staten 7 Island as a member of the state Board of 8 Parole. All in favor signify by saying aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The nominee is unanimously 13 confirmed, and we are pleased today that 14 Guisella Rodriguez is with us in the gallery. 15 Congratulations. 16 (Applause) 17 The Secretary will read. 18 THE SECRETARY: As members of 19 the Advisory Council to the Commission on the 20 Quality of Care for the Mentally Disabled: 21 Adam Denenberg, of Albany and Milo I. 22 Tomanovich, of Rochester. 23 ACTING PRESIDENT GOLD: Senator 24 Stafford. 25 SENATOR STAFFORD: Mr. 1 President, we will keep this relatively brief, 2 but I would ask anybody -- any of the Senators 3 who are in the lounge, I think it would be 4 nice if they would come in because they 5 probably understand, we have a group who do a 6 great deal for us. They make sure the 7 material is distributed throughout our 8 offices. They are very dedicated. They're 9 friends of ours. To the credit of Earl 10 Brydges and Bill Conklin, this program was put 11 together. They were former Senators. 12 Adam Denenberg is from 13 Plattsburgh, New York, and I see that I really 14 got a response from our friends, but I will 15 just say what he wrote. Adam is sitting 16 upstairs with some of his colleagues -- when 17 he wrote -- when he was desirous of serving on 18 this commission. 19 He says "I am interested in 20 serving on this committee because I want to 21 help improve the quality of services for 22 people with disabilities. I also want to do 23 everything possible to help self-advocates 24 learn to speak up directly about how they feel 25 so the services they receive can be improved" 1 and for those who are in the sound of my voice 2 so they'll understand, I don't use the word 3 because I don't think it connotes or really 4 demonstrates what they do for us, but again, 5 keeping our sense of humor, we're all 6 messengers really serving in the job we have. 7 We're messengers from our district bringing 8 representation here and bringing back -- from 9 our job here back into our district. 10 Adam does his work well. He's 11 very proud of the work that he does. We're 12 very proud of Adam and his colleagues and I'm 13 sure -- I'm sure that he will do an excellent, 14 excellent job. 15 You know, Mr. President, I 16 would say this: Someone mentioned this a few 17 minutes ago, and I want to mention this 18 because I think it is important. What we're 19 going to do for the rest of the day -- what 20 was mentioned a few minutes ago and I want to 21 say this. You know, the speeches that we have 22 had here today and the speeches that we have 23 had in the past will have, I know with Senator 24 Leichter also, you know, it kind of brings us 25 to what we're really doing here. 1 We get very, very carried away 2 because we're human beings. We get carried 3 away with our own importance. We get carried 4 away with our own whatever, but speaking of 5 Adam, you know, I've often said this when I'm 6 out on the hustings. What people do in life, 7 we wouldn't put people on the moon if we 8 didn't have capable people working in every 9 single aspect of that bracket or whatever 10 going to the moon, including those who do any 11 job. 12 Well, we wouldn't have this 13 operation if it wasn't for every single person 14 who is part of the operation and Adam is very 15 much a part of it, all his colleagues are, 16 everyone is that's part of it. 17 So it's just a very nice day 18 when we can stand up, and again I see Senator 19 Marchi and I said I was going to be brief. 20 Senator Gold, you remember Senator Conklin and 21 Senator Brydges who started this program and 22 they were so proud of it and we're proud of it 23 also. We're proud of Adam, his colleagues. 24 We're proud of this whole operation, the 25 Senate, and they're very, very, very much a 1 part of it, and we wouldn't have the Senate 2 without them. 3 So it is my honor to move the 4 confirmation of Adam Denenberg to the Advisory 5 Council to the Commission on the Quality of 6 Care for the Mentally Disabled. 7 Thank you, Mr. President. 8 ACTING PRESIDENT GOLD: The 9 question is on the confirmation of Adam 10 Denenberg and Milo I. Tomanovich as members of 11 the Advisory Council to the Commission on 12 Quality of Care for the Mentally Disabled. 13 All in favor signify by saying aye. 14 (Response of "Aye".) 15 All opposed, nay. 16 (There was no response.) 17 The nominees are unanimously 18 confirmed and let me say, Adam, I can't say it 19 better than Senator Stafford but every member 20 of this Senate is overwhelmingly proud today 21 because you are part of us. 22 Congratulations on your 23 nomination and your confirmation. 24 (Applause) 25 SENATOR STAFFORD: Mr. 1 President and I apologize, Senator Skelos, 2 because of it being a member of our own family 3 here, in the office right off of the Majority 4 Conference Room, there's a bit of ice cream. 5 So all the nominees are invited there, 6 including Adam and everybody here in the 7 Senate is, and when Senator Brydges used to 8 say ice cream, it wasn't ice cream. It was 9 some other refreshment. This is ice cream. 10 Thank you. 11 ACTING PRESIDENT GOLD: The 12 clerk will read. 13 THE SECRETARY: As a member of 14 the Board of Trustees of the State University 15 of New York: Harvey F. Wachsman, of Upper 16 Brookville. 17 SENATOR STAFFORD: Again, Mr. 18 President, excellent nominee, and I yield to 19 the Senator from the north shore. 20 ACTING PRESIDENT GOLD: Senator 21 Lack. 22 SENATOR LACK: Thank you, Mr. 23 President. 24 It's a pleasure to rise to move 25 the nomination of Harvey -- renomination of 1 Harvey Wachsman as a member of the Board of 2 Trustees of the State University of New York. 3 I'm proud to say that Harvey 4 Wachsman is my friend and that he's here today 5 and has appeared both before the Finance 6 Committee and the Higher Education Committee 7 and has been unanimously approved, once again 8 by both those committees and moved to the 9 floor of the Senate. 10 Harvey -- Harvey is truly a 11 renaissance person. He is not only a 12 neurosurgeon, which he first was, and a 13 practicing neurosurgeon and adjunct member of 14 the faculty at the Stony Brook Medical School 15 on Long Island, the State University Medical 16 School, he is also an attorney. He is 17 admitted in eight states as a doctor, seven 18 states as an attorney. He is a named partner 19 in probably the largest malpractice firm in 20 the United States, but Harvey Wachsman will 21 tell you that he spends probably less than 22 five percent of his time these days at his law 23 firm. He certainly could make a lot more 24 money if he spent 95 percent of his time 25 there, but that's not what is driving him. 1 What is driving him these days 2 is doing things for people, for people in the 3 state of New York as a trustee of the 4 University and for people all over the country 5 in trying to reform the HMO system and the 6 system of managed care that we have in the 7 country and he's virtually dedicated his 8 professional life to doing just that and he 9 does fantastically. 10 He is always on the go and 11 probably has more energy than the entire 12 collective body of this Senate put together 13 and in all fairness, and I don't think Harvey 14 would mind, that's not a job that he does all 15 by himself because Harvey today is joined by 16 his wife, by his companion, an attorney in her 17 own right admitted in almost as many states as 18 Harvey, his wife Katherine who is actually 19 probably a lot more than his companion because 20 she's his best friend and his counsel as he 21 moves rapidly from facet to facet of a multi-, 22 multi-faceted life. 23 We are privileged in New York 24 that we get as an unpaid trustee of the State 25 University system not only Harvey but 1 Katherine as well because they truly serve as 2 a team together and have an attendance record 3 that's virtually perfect as a trustee but a 4 caring record that is virtually perfect as a 5 trustee. He chairs the Health Sciences 6 Committee of the State University Trustees. 7 He's been heavily involved in trying to 8 improve the State University hospitals, of the 9 state medical schools, the interrelationships 10 between those institutions and private 11 institutions, consideration of what medical 12 care has turned out to be in the late 20th 13 Century and to the beginning of the next 14 century. 15 He truly exemplifies what civic 16 duty means for a private citizen on a pro bono 17 basis to act on behalf of all of the people of 18 the state of New York. 19 So, Mr. President, it is indeed 20 my honor to move the nomination of a gentleman 21 from Nassau County, not from my district but 22 indeed a very good friend of mine, to once 23 again be a trustee of the State University. 24 ACTING PRESIDENT GOLD: Senator 25 Marcellino. 1 SENATOR MARCELLINO: Thank you, 2 Mr. President. 3 I too rise to second the 4 nomination of Harvey Wachsman because, as my 5 esteemed colleague, Senator Lack, has pointed 6 out, this gentleman could be doing just about 7 anything he wants. He does not have to do 8 what he is being nominated here for today. He 9 does not have to give time and serve in 10 sometimes a very thankless position on the 11 board of trustees. He could be out earning a 12 lot of money, and I think that's a credit and 13 that's something that we have to acknowledge 14 and should always acknowledge and say thank 15 you for people who are willing to give up 16 their time to serve the people and more 17 importantly they're here serving our young 18 people because Harvey is trying to better our 19 educational facilities. He's trying to make 20 education in the state universities more 21 effective and better for all those who 22 participate in the state universities, and I 23 think that's something that we all would 24 strive for. 25 So I thank you, Harvey, for 1 giving of your time. I thank you for taking 2 on this thankless job, and I thank you for 3 being a pot stirrer because that's what you 4 are. That's exactly what's needed, and keep 5 up the good work and we will be here to 6 support you. 7 God bless. 8 ACTING PRESIDENT GOLD: The 9 question arises on the confirmation of Harvey 10 F. Wachsman as a member of the Board of 11 Trustees of the State University of New York. 12 All in favor signify by saying aye. 13 (Response of "Aye".) 14 All opposed, nay. 15 (There was no response.) 16 The nominee is unanimously 17 confirmed. Dr. Wachsman is with us today with 18 his wife Katherine and they're in the 19 balcony. Congratulations on your 20 confirmation. 21 (Applause) 22 The clerk will read. 23 THE SECRETARY: As a member of 24 the Dormitory Authority: Jose Alberto 25 Corvalan, of Armonk. 1 SENATOR SKELOS: Move the 2 nomination. 3 ACTING PRESIDENT GOLD: The 4 question arises on the confirmation of Jose 5 Alberto Corvalan as a member of the Dormitory 6 Authority. All in favor signify by saying 7 aye. 8 (Response of "Aye".) 9 Opposed, nay. 10 (There was no response.) 11 The nomination is confirmed. 12 The clerk will read. 13 THE SECRETARY: As a public 14 member of the State Banking Board: Michael R. 15 Ambrecht, of Point Lookout. 16 SENATOR STAFFORD: Mr. 17 President, excuse me. 18 ACTING PRESIDENT GOLD: Senator 19 Stafford. 20 SENATOR STAFFORD: I yield to 21 Senator Skelos and Senator Balboni. 22 ACTING PRESIDENT GOLD: Senator 23 Skelos. 24 SENATOR SKELOS: I'm delighted 25 to rise and move the nomination of Michael R. 1 Ambrecht as the public member of the State 2 Banking Board. 3 Mike has a -- I saw him. There 4 he is -- has a distinguished public career and 5 we're delighted that he's going to continue to 6 serve the public in this very prestigious 7 board. 8 So I'm delighted to move the 9 nomination, and now I believe Senator Balboni 10 would like to make some comments. 11 ACTING PRESIDENT GOLD: Senator 12 Balboni. 13 SENATOR BALBONI: Thank you, 14 Mr. President. 15 Thank you, Senator Skelos, and 16 I rise to second the nomination of Michael 17 Ambrecht. I spoke before about my time in 18 this chamber as a member of John Dunne's 19 staff. Well, the gentleman before us now was 20 also a member of John Dunne's staff. He is an 21 incredibly young man by many standards and yet 22 he has accomplished much. 23 As a member of John Dunne's 24 staff, he distinguished himself, but then he 25 went on to work with the district attorney's 1 office in Manhattan, then he went on to work 2 as a counsel to George Pataki at a very 3 difficult time because he was an essential 4 component of the Governor's deliberations on 5 the death penalty, and I recall dealing with 6 him, and I'll be honest with you, I was 7 shocked to suddenly see this young man who's 8 younger than myself in a position as Counsel 9 to the Governor intrinsically involved in the 10 question of what type of death penalty should 11 New York State adopt, and I recall talking 12 with him and I think it's instructive of the 13 man we are going to hopefully confirm today. 14 He has unquestionable fidelity to his 15 principle. He has integrity. He has honesty 16 and he has incredible perseverance. 17 In a story that I know I don't 18 really want to repeat but I'll say it anyway, 19 I went to him to try and get the skinny on 20 what was going on with the death penalty 21 issue. Tell me what's going on. You work for 22 the Governor. Tell me what's going to be in 23 the bill. Nothing. Didn't care how long we 24 had been together. Would not tell me a word 25 and that is his hallmark. He is now serving 1 as the counsel to the Long Island Rail Road, 2 and I believe that he is the youngest general 3 counsel ever in the railroad's history, 4 something that should not be lost on this body 5 and he is now before us to be appointed as a 6 member of the Banking Board and this is, 7 again, George Pataki's wisdom to reach out to 8 someone who is young, distinguished, who is, 9 in my opinion, a rising star in public 10 service, promote him and give him the 11 opportunities to expand the horizons of 12 interest and knowledge and that, Mr. 13 President, is Michael Ambrecht, and it is a 14 unique and distinct privilege to rise and tell 15 you all we could not have a better appointee. 16 Thank you, Mr. President. 17 ACTING PRESIDENT GOLD: Thank 18 you. 19 The question is on the 20 confirmation of Michael R. Ambrecht as a 21 public member of the State Banking Board. All 22 those in favor signify by saying aye. 23 (Response of "Aye".) 24 Opposed, nay. 25 (There was no response.) 1 The nominee is unanimously 2 confirmed and is with us, I understand, today 3 in the gallery. Thank you so much. 4 Congratulations. 5 (Applause) 6 The clerk will read. 7 THE SECRETARY: As a member of 8 the Board of Trustees of the State University 9 of New York College of Environmental Science 10 and Forestry: Daniel Fitts, of Lake Placid. 11 ACTING PRESIDENT GOLD: Senator 12 Stafford. 13 SENATOR STAFFORD: Mr. 14 President, we have a lot of work to do today 15 and the nominees are being very, very 16 patient. So I will be very, very quick here, 17 but again the nominee is with us. He served 18 with me -- with us here in the Senate a number 19 of years. The organization that he now serves 20 with, I'm not going to mention. 21 Mr. President, when we discuss 22 issues, we sometimes agree as much as you and 23 I do sometimes. On the other hand, I have the 24 same respect, friendship with him. He's a 25 native of the North Country from Rouses Point 1 and I knew his parents well. He will serve 2 the College of Forestry well with good humor, 3 dedication and an extremely keen intellect. 4 With that, Mr. President, 5 together with Michael who they talked about a 6 few minutes ago, I should mention always wears 7 braces. This is the Banking Board nominee 8 that was just mentioned and never is without a 9 Monte Blanc pen. These are things that people 10 that have served with us, we remember, but on 11 a serious note, both very, very fine 12 nominees. They've served with us earlier and 13 the Governor is to be complimented on 14 excellent appointments. 15 Thank you, Mr. President. 16 ACTING PRESIDENT GOLD: Thank 17 you, Senator Stafford. 18 The question is on the 19 confirmation of Daniel Fitts as a member of 20 the Board of Trustees of the State University 21 of New York College of Environmental Science 22 and Forestry. All in favor signify by saying 23 aye. 24 (Response of "Aye".) 25 Opposed, nay. 1 (There was no response.) 2 The nominee is unanimously 3 confirmed. 4 Mr. Fitts is with us in the 5 gallery. Congratulations. 6 (Applause) 7 The clerk will read. 8 THE SECRETARY: As a member of 9 the Board of Directors of the New York 10 Convention Center Operating Corporation: 11 Christine Ferer, of New York City. 12 SENATOR STAFFORD: Move the 13 confirmation. 14 ACTING PRESIDENT GOLD: The 15 question is on the confirmation of Christine 16 Ferer as a member of the Board of Directors of 17 the New York Convention Center Operating 18 Corporation. All those in favor signify by 19 saying aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The nominee is confirmed. 24 The clerk will read. 25 THE SECRETARY: As director of 1 the New York State Environmental Facilities 2 Corporation: William F. McCarthy, of New York 3 City. 4 SENATOR STAFFORD: Move the 5 confirmation, please. 6 ACTING PRESIDENT GOLD: On the 7 question of the confirmation of William F. 8 McCarthy as a director of the New York State 9 Environmental Facilities Corporation, all 10 those in favor signify by saying aye. 11 (Response of "Aye".) 12 Opposed, nay. 13 (There was no response.) 14 William F. McCarthy is 15 confirmed. 16 The Secretary will read. 17 THE SECRETARY: As a member of 18 the New York State Hospital Review and 19 Planning Council: John W. Rowe, of New York 20 City. 21 ACTING PRESIDENT GOLD: The 22 question is on the confirmation of John W. 23 Rowe as a member of the New York State 24 Hospital Review and Planning Council. All in 25 favor signify by saying aye. 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The nominee is confirmed. 5 The clerk will read. 6 THE SECRETARY: As members of 7 the Board of Visitors of the New York State 8 Home for Veterans and Their Dependents at 9 Oxford: Loella Bishop, of Brooktondale and 10 Beverly P. Gardinier, of Amsterdam. 11 SENATOR MAZIARZ: Move the 12 confirmation. 13 ACTING PRESIDENT GOLD: The 14 question occurs upon the confirmation of 15 Loella Bishop and Beverly P. Gardinier as 16 members of the Board of Visitors of the New 17 York State Home for Veterans and Their 18 Dependents at Oxford. All those in favor 19 signify by saying aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The nominees are confirmed. 24 The clerk will read. 25 THE SECRETARY: As a member of 1 the Board of Visitors of the Sunmount 2 Developmental Disabilities Services Office: 3 Reverend William R. Cuthbert, of Potsdam. 4 SENATOR MAZIARZ: Move the 5 confirmation. 6 ACTING PRESIDENT GOLD: The 7 question occurs on the confirmation of 8 Reverend William R. Cuthbert as a member of 9 the Board of Visitors of the Sunmount 10 Developmental Disabilities Services Office. 11 All those in favor signify by saying aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The nominee is confirmed. 16 The clerk will read. 17 THE SECRETARY: As members of 18 the Niagara Frontier State Park, Recreation 19 and Historic Preservation Commission: Heather 20 A. DeCastro, of Lewiston and John P. Silsby, 21 of North Tonawanda. 22 SENATOR MAZIARZ: I definitely 23 move these confirmations. 24 ACTING PRESIDENT GOLD: The 25 question occurs on the confirmation of Heather 1 A. DeCastro and John P. Silsby as members of 2 the Niagara Frontier State Park, Recreation 3 and Historic Preservation Commission. All in 4 favor signify by saying aye. 5 (Response of "Aye".) 6 Opposed, nay. 7 (There was no response.) 8 The nominees are confirmed. 9 The clerk will read. 10 THE SECRETARY: Members of the 11 Saratoga-Capital District State Park, 12 Recreation and Historic Preservation 13 Commission: Heather Mabee, of Saratoga 14 Springs; Thomas O. Maggs, of Scotia; Raymond 15 Waldron, of Saratoga Springs. 16 SENATOR MAZIARZ: Move the 17 confirmation. 18 ACTING PRESIDENT GOLD: The 19 question is on the confirmation of Heather 20 Mabee, Thomas O. Maggs and Raymond Waldron as 21 members of the Saratoga-Capital District State 22 Park, Recreation and Historic Preservation 23 Commission. All in favor signify by saying 24 aye. 25 (Response of "Aye".) 1 Opposed, nay. 2 (There was no response.) 3 The nominees are confirmed. 4 The Secretary will read. 5 THE SECRETARY: Member of the 6 Thousand Island State Park, Recreation and 7 Historic Preservation Commission: Myrna Ellen 8 O'Neil, of Ogdensburg. 9 SENATOR WRIGHT: Move the 10 confirmation. 11 ACTING PRESIDENT GOLD: The 12 question occurs on the confirmation of Myrna 13 Ellen O'Neil as a member of the Thousands 14 Island State Park, Recreation and Historic 15 Preservation Commission. All those in favor 16 signify by saying aye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 The nominee is confirmed. 21 The Secretary will read. 22 THE SECRETARY: Member of the 23 Harness Racing Commission: Joseph V. 24 Angiolillo, of West Harrison. 25 SENATOR SEWARD: Move the 1 confirmation. 2 ACTING PRESIDENT GOLD: The 3 question occurs upon the confirmation of 4 Joseph Angelo V. Angiolillo, of West Harrison, 5 as a member of the Harness Racing Commission. 6 All those in favor signify by saying aye. 7 (Response of "Aye".) 8 Opposed, nay. 9 (There was no response.) 10 The nominee is confirmed. 11 That completes the report of 12 the Committee and the nominations. 13 SENATOR MARCELLINO: Mr. 14 President. 15 ACTING PRESIDENT GOLD: Senator 16 Marcellino. 17 SENATOR MARCELLINO: Mr. 18 President, may I have unanimous consent to be 19 recorded in the negative on Calendar Number 20 802. 21 ACTING PRESIDENT GOLD: Without 22 objection. 23 SENATOR MARCELLINO: Thank you. 24 ACTING PRESIDENT GOLD: Senator 25 Skelos. 1 SENATOR SKELOS: Mr. President, 2 I believe there's a report of the Rules 3 Committee at the desk. I ask that it be read 4 at this time. 5 ACTING PRESIDENT GOLD: The 6 Secretary will read the report. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, offers up the 9 following bills directly for third reading: 10 Senate Bill 2621-A, by Senator 11 Lachman, an act to amend the Vehicle and 12 Traffic Law; 13 3351-C, by Senators Marchi and 14 others, an act to amend the Not-for-Profit 15 Corporation Law; 16 4846-A, by Senator Meier, an 17 act to amend the Social Services Law; 18 5002-B, by Senator Trunzo and 19 others, an act to amend the Retirement and 20 Social Security Law; 21 5568, by Senator Maziarz, an 22 act to amend the Election Law; 23 5616-A, by Senator Wright, an 24 act to amend the Environmental Conservation 25 Law; 1 5689-A, by Senator Alesi, an 2 act to amend the Vehicle and Traffic Law; 3 6279-A, by Senator Marchi, an 4 act authorizing the city of New York; 5 6344, by Senator Padavan, an 6 act authorizing the city of New York; 7 6376, by Senator Seabrook, an 8 act authorizing the city of New York; 9 6624-A, by Senator Goodman, an 10 act to amend the Tax Law; 11 6631-A, by Senator Marchi, an 12 act authorizing the city of New York; 13 6910-A, by Senator Johnson, an 14 act to amend the Highway Law; 15 7066-A, by Senator Seward, an 16 act to authorize Joseph A. Santoro; 17 7091, by Senator Balboni, an 18 act to amend the Executive Law; 19 7607, by Senator Wright, an act 20 to amend the Environmental Conservation Law; 21 7611, by Senator LaValle, an 22 act to amend the Environmental Conservation 23 Law; 24 7720, by Senator Kuhl, an act 25 to amend the Agriculture and Markets Law; 1 7774, by the Committee on 2 Rules, an act to grant Tier I status; 3 7781, by Senator Trunzo and 4 others, an act to amend the Retirement and 5 Social Security Law; 6 7782, by Senator Trunzo and 7 others, an act to amend the Retirement and 8 Social Security Law; 9 7792, by Senator Trunzo and 10 others, an act to amend the Retirement and 11 Social Security Law; 12 7820, by Senator Volker, an act 13 to amend the Penal Law; 14 4095-A, by Senator Paterson, an 15 act to amend the Tax Law; and 16 7478-B, by Senator Velella and 17 others, an act to amend the Insurance Law. 18 All bills directly for third 19 reading. 20 SENATOR SKELOS: Mr. President, 21 move to accept the report of the Rules 22 Committee. 23 ACTING PRESIDENT MAZIARZ: All 24 in favor of accepting the Report of the Rules 25 Committee signify by saying aye. 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The report is accepted. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 would you call up Calendar Number 1529 on 8 Supplemental Rules Calendar 53-A. 9 ACTING PRESIDENT MAZIARZ: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 1529, by the Senate Committee on Rules, Senate 13 Print 7774, an act to grant Tier I retirement 14 status. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 THE SECRETARY: Section 3. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 61 - 24 excuse me. Ayes 60, nays 1, Senator Dollinger 25 recorded in the negative. 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could take up Supplemental Calendar 6 53-A, non-controversial. 7 ACTING PRESIDENT MAZIARZ: The 8 Secretary will read. 9 SENATOR SKELOS: Mr. President. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Skelos. 12 SENATOR SKELOS: Once again, 13 I'm wrong. If we could at this time take up 14 Calendar Number 1533, by Senator Volker. 15 ACTING PRESIDENT MAZIARZ: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 1533, by Senator Volker, Senate Print 7820, an 19 act to amend the Penal Law, the Executive Law 20 and the Criminal Procedure Law. 21 SENATOR SKELOS: Is there a 22 message at the desk? 23 ACTING PRESIDENT MAZIARZ: 24 There is a message of necessity at the desk. 25 SENATOR SKELOS: Move to 1 accept. 2 ACTING PRESIDENT MAZIARZ: The 3 motion is to accept the message. All those in 4 favor. 5 (Response of "Aye".) 6 Opposed? 7 (There was no response.) 8 The message is accepted. 9 Read the last section. 10 SENATOR DOLLINGER: 11 Explanation. 12 SENATOR LEICHTER: Mr. 13 President. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Volker, an explanation has been 16 requested by Senator Dollinger of Calendar 17 Number 1553 -- I'm sorry -- Calendar Number 18 1533. 19 Senator Paterson. 20 SENATOR PATERSON: Mr. 21 President, actually I was trying to get your 22 attention to ask Senator Volker for an 23 explanation, but particularly I think in light 24 of the last day of session here, we're trying 25 to move as quickly as we can, if he would 1 address himself specifically to the 2 differences in this piece of legislation and 3 the one that we debated a couple weeks ago. 4 ACTING PRESIDENT MAZIARZ: 5 Actually, Senator Paterson, that's exactly 6 what Senator Volker was going to do anyway. 7 Senator Volker. 8 SENATOR VOLKER: You are 9 exactly right, Senator Maziarz, Mr. President. 10 Mr. President, this -- Mr. 11 President. 12 ACTING PRESIDENT MAZIARZ: 13 Senator Volker. 14 SENATOR VOLKER: Enough of the 15 peanut gallery. Okay. This bill is a 16 Governor's program bill which basically is a 17 version of Jenna's Law that we passed earlier 18 in this session. 19 We passed a bill that many of 20 us like to call a straight Jenna's Law. The 21 Assembly drafted a bill that put what I would 22 call a "Christmas tree" list in it of various 23 issues, including drug release and treatment 24 and various things. 25 This bill is a much more scaled 1 down version from the Assembly version and let 2 me just say to you, first of all, essentially 3 the Jenna's Law provisions on sentencing 4 essentially are in this bill. There are some 5 changes but comparatively, I think, minor 6 changes in general. 7 The major changes are on parole 8 supervision. If you'll remember the initial 9 bill that we passed for "B" and "C" felons had 10 a five-year parole supervision after the 11 termination of the sentence and three years 12 for "D" and "E" felonies. 13 This bill still has a maximum 14 of five years for "B" and "C" felons and a 15 maximum of three years for "D" and "E" felons, 16 but it allows flexibility to the judge for a 17 minimum of a year and a half for those people 18 who are sentenced as "D" and "E" -- and 19 remember, these are all violent felony 20 offenders. These are serious offenders -- for 21 "B" and "C" felons a two and a half-year 22 minimum with a five-year potential maximum. 23 In other words, the judge has the ability to 24 sentence at least two and a half but up to 25 five years. 1 The other major provision in 2 this area, if you remember the bill that we 3 passed said if you violate provisions of this 4 kind of parole, you must serve at least one 5 year, one additional year in jail for that 6 fact. 7 What this bill says is a 8 minimum of six months. It does not set a 9 minimum of one year. It sets a minimum of six 10 months but could be up to one year and, of 11 course, the rest of the provisions trip in. 12 Obviously if it's part of the sentence you 13 could do up to five years and all the rest of 14 that stuff, but a minimum of six months 15 instead of a minimum of a year. 16 There's also a provision in 17 here -- and if you look right at the head of 18 the bill -- that relates to domestic 19 violence. It is, in effect -- to boil it 20 down, it is a process that can be used in 21 cases involving domestic situations that 22 involve some of these potentially serious 23 violent felony offenses that would allow the 24 judge to do indeterminate sentencing instead 25 of the definite sentencing of Jenna's Law. So 1 that, in effect, in certain cases, if they 2 follow the criteria that's in this bill, then 3 the domestic violence-type serious violent 4 felony offenders would be able to avoid the 5 serious consequences of Jenna's Law. 6 There is a provision in here 7 relating to drug treatment in the post-release 8 period and it specifically says that a judge 9 can sentence an individual to drug treatment 10 in the post-release period. In all honesty, 11 it codifies in law what they can actually 12 already do. A judge would have the power to 13 do that now during that parole -- post-parole 14 treatment period or post-parole period, but 15 what this does is, in effect, put it in law so 16 that it's absolutely clear. 17 There is a number of technical 18 changes, but I think those are primarily the 19 most substantive changes that are in this 20 bill. You still have -- you still have the 21 same provisions that were in the original bill 22 on victim notification and release and all the 23 rest of things but -- sorry -- but that, I 24 think, is the prime changes in the bill. 25 In all honesty, this bill, the 1 Governor's on board, obviously, it's a 2 Governor's program bill and the Grieshaber 3 family has been involved in looking at this 4 bill and they have said that they are going to 5 try to get the Assembly to pass this bill. 6 It is not an agreed upon bill. 7 Let me make that very clear. The Assembly has 8 not agreed to this bill. 9 ACTING PRESIDENT MAZIARZ: Read 10 the last section -- Senator Waldon. 11 SENATOR WALDON: Thank you. 12 Would the gentleman yield for a 13 question or two? 14 ACTING PRESIDENT MAZIARZ: 15 Senator Volker, would you yield to a question 16 from Senator Waldon? 17 SENATOR VOLKER: Certainly. 18 ACTING PRESIDENT MAZIARZ: 19 Senator Waldon. 20 SENATOR WALDON: Thank you, Mr. 21 President. 22 Senator Volker, is there a 23 companion bill or an agreement with the 24 Assembly on this particular proposal? 25 SENATOR VOLKER: No, there's 1 not. As I just said, this is not an agreed 2 upon bill with the Assembly. The Assembly has 3 not -- although the Assembly has indicated the 4 possibility, there really hasn't been much 5 negotiations going on in reality. There's 6 been a lot of talking about substituting 7 something or whatever in the press, but in 8 reality, as I understand it, the only real 9 movement was that the Assembly indicated at 10 one point that it was interested in the 11 possibility of discussing the drug treatment 12 portion of the bill but, as far as I know, the 13 bill that they still have in the Assembly is 14 what I call a "Christmas tree" bill which has 15 Jenna's Law plus all the rest of the things in 16 it. 17 SENATOR WALDON: Through you, 18 Mr. President, would the gentleman continue to 19 yield? 20 ACTING PRESIDENT MAZIARZ: 21 Senator Volker, would you continue to yield to 22 Senator Waldon? 23 SENATOR VOLKER: Certainly. 24 ACTING PRESIDENT MAZIARZ: 25 Senator Waldon. 1 SENATOR WALDON: Senator, as I 2 understand it, there are some differences in 3 this proposal and in what we've discussed 4 previously in this chamber and what you and I 5 have discussed at length outside of the 6 chamber, but this really doesn't change 7 anything in regard to judicial discretion on 8 the front end, meaning that if the person is a 9 violent felony offender first time, the judge 10 still has no discretion up front to do 11 anything in terms of the application of the 12 law, is that correct? 13 SENATOR VOLKER: Except in the 14 area - 15 SENATOR WALDON: I'm talking 16 about on the front end, not the back end. 17 SENATOR VOLKER: Right. Except 18 in the area of domestic violence. In the area 19 of domestic violence, there's a provision in 20 here that allows the possibility of 21 flexibility in sentencing if the person 22 involved in that domestic violence qualifies 23 with certain criteria which is listed in this 24 will. 25 SENATOR WALDON: Through you, 1 Mr. President. Would the gentleman continue 2 to yield? 3 ACTING PRESIDENT MAZIARZ: 4 Senator Volker, do you continue to yield? 5 SENATOR VOLKER: Yes. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Waldon. 8 SENATOR WALDON: Thank you very 9 much, Mr. President. 10 I apologize for that faux pas 11 in regard to the domestic violence piece. I 12 was briefed on it and I did see it. It's 13 just, you know, a senior thing, Dale. It 14 happens sometimes, but what I'm really 15 concerned about is that this does not allow 16 for definitive change in regard to judicial 17 discretion and that is what I've understood 18 you to say. That's correct. 19 SENATOR VOLKER: You are 20 absolutely right. 21 SENATOR WALDON: Two, there is 22 change on the back end in terms of when 23 someone violates while they are under 24 supervision, the penalties to be put back, et 25 cetera, are lessened and the judge has 1 discretion there. Is that correct? 2 SENATOR VOLKER: That's right, 3 yes. 4 SENATOR WALDON: But there's no 5 opportunity here for a dramatic change in 6 terms of the first time violent felony 7 offender. So, in essence, we've put maybe 8 some additional colored lights on the 9 Christmas tree, but we haven't changed the 10 type of tree. It's still the same tree with a 11 couple of strings of new lights, is that 12 correct? 13 SENATOR VOLKER: This is still 14 -- I hesitate to use the word "Christmas 15 tree" because I used that in regards to the 16 Assembly bill but you're right. The light 17 still shows that this is a definite sentencing 18 bill. 19 It says that if somebody is 20 convicted of a violent felony offense, except 21 in the area of domestic violence where there 22 are certain -- there's an ability to escape 23 the provisions, that person must serve 24 six-sevenths, which is essentially we call it 25 no parole but essentially, 83 percent, 1 whatever that is, of the sentence and then 2 would be subject to the post-parole provision, 3 but you are absolutely right. The lights are 4 still there. It's still a definite sentencing 5 first violent felony offense bill. 6 SENATOR WALDON: Okay. Would 7 the gentleman continue to yield? 8 SENATOR VOLKER: Sure. 9 SENATOR WALDON: Mr. President. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Volker, do you continue to yield for a 12 question? 13 SENATOR VOLKER: Sure. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Waldon. 16 SENATOR WALDON: Senator 17 Volker, you and I have dealt with the issue of 18 philosophy regarding Jenna's Law and similar 19 situations, time and memorial. What I'm 20 looking for, so that I can be supportive - 21 and I obviously don't see it now -- is where 22 there's an opportunity for the judge to say, 23 this person is an exception to the thousands 24 of others who come before me and, therefore, I 25 can do something different in terms of the 1 application of this particular statute. 2 All I'm looking for now from 3 you is a clarification, an absolute 4 clarification. There is no opportunity here 5 if a sitting judge has someone come before him 6 or her as a violent felony offender first time 7 to make an exception in regard to how that 8 person must be handled. This is, in fact, an 9 absolute mandate that the person have a 10 definite sentence as a result of this. Is 11 this absolutely correct? 12 SENATOR VOLKER: Just as in the 13 Rockefeller Drug Laws, there's no absolute 14 mandate. We know the district attorneys and 15 judges are able to find ways around it if they 16 truly desire to do so but, generally speaking, 17 this is a first violent felony offender. 18 Let's keep that in mind. As we've looked at 19 some of these cases, Senator -- and we know 20 that very, very few of these people haven't 21 been arrested before. In fact, as we're 22 looking at some of the cases that have been 23 demonstrated as non-violent felony fenders, 24 we're coming up with some very interesting 25 facts. People have been arrested 30 times. 1 One fellow was selling 24 pounds of cocaine, 2 non-violent felony offenders. 3 The thing I'm trying to point 4 out to you is, it is an almost impossible 5 rarity for someone who is first convicted of a 6 violent felony offense to have not been 7 arrested many times before and been involved 8 in other crimes. This is violent offenses. 9 Let's keep that in mind. This is not first 10 offense. This is first violent. These are 11 VFOs. 12 So, Senator, yes, if that 13 person commits that crime and is convicted of 14 it, then technically speaking, that person is 15 subjected to a six-sevenths sentence. That 16 means that he or she must serve that sentence. 17 SENATOR WALDON: Through you, 18 Mr. President. Would you gentleman continue 19 to yield? 20 ACTING PRESIDENT MAZIARZ: 21 Senator Volker, do you continue to yield for a 22 question from Senator Waldon? 23 SENATOR VOLKER: Sure. 24 ACTING PRESIDENT MAZIARZ: 25 Senator Waldon. 1 SENATOR WALDON: Senator 2 Volker, I want to deal a moment -- in a 3 moment, I should say, with the drug issue, but 4 before that, your analysis just now might be 5 fairly accurate. In fact, it may be 6 absolutely accurate in an overwhelming number 7 of people who come before the bar of justice, 8 but it does not mean that someone can come 9 before the bar of justice for the first time 10 as a violent felony offender who has never 11 before committed a crime, and I want that left 12 out there in the ether. There is the 13 possibility that someone could commit a 14 violent felony offense as a first action that 15 they committed in regard to the criminal 16 justice system. 17 Now, in regard to the drug 18 component -- and you and I have discussed the 19 Rockefeller Drug Law until we probably feel 20 very comfortable with the name Rockefeller 21 floating between you and I, though I'm poverty 22 stricken -- I mean we've used that name to 23 where it has caused us to feel maybe a bit 24 more comfortable in terms of the social 25 pecking order, but in this bill I don't see 1 anything which addresses my concerns and the 2 concerns of many of my colleagues on this side 3 of the aisle in regard to the reduction of 4 those who are inmates and also a more creative 5 way to deal with the current drug phenomenon. 6 Am I accurate in my analysis that there's 7 nothing in here which touches upon the 8 Rockefeller Drug Law or drug laws in 9 particular that would allow us to administer 10 them in a better fashion in New York State? 11 SENATOR VOLKER: You are 12 absolutely right. Although the Assembly bill 13 didn't deal with it either. The Assembly bill 14 didn't deal with the Rockefeller Drug Law. 15 There seems to be a use around here. It's one 16 of the reasons why you have bills named after 17 things. It seems it make it easier for the 18 press to understand what it's all about. So 19 that many of the penalties that are said to be 20 Rockefeller Drug Law are not Rockefeller Drug 21 Law penalties at all. There are other 22 provisions of the law that came in either 23 before or after so-called Rockefeller Drug 24 Laws, but the definitive answer is there's 25 nothing in this bill that definitively changes 1 drug laws, and you're absolutely right. 2 SENATOR WALDON: Thank you, 3 Senator Volker. Will the gentleman yield just 4 one more time? 5 ACTING PRESIDENT MAZIARZ: 6 Senator Volker, will you continue to yield to 7 Senator Waldon? 8 SENATOR VOLKER: Sure. 9 ACTING PRESIDENT MAZIARZ: 10 Senator Waldon. 11 SENATOR WALDON: Thank you, 12 Senator Volker. 13 In speaking to the Assembly's 14 version of what we're dealing with, they did 15 enhance detox' treatment, as I recall, and 16 there was a movement at least to ensure that 17 those in prison receive a GED and you know 18 better than I that those people who go to 19 prison who are, some illiterate but most have 20 an education that's below the eighth grade and 21 many at a reading level below the third grade, 22 if we don't do something to edify -- not edify 23 but to educate them while they're in, we're 24 creating a bigger problem when they come out. 25 I notice there's nothing in our bill which 1 says, one, we will guarantee the opportunity 2 for a GED and, two, that we'll do something in 3 regard to detox', is that correct? 4 SENATOR VOLKER: Senator 5 Waldon, that's true. Let me say to you, I 6 don't necessarily disagree with some of those 7 positions. I don't think it should be in the 8 bill that deals with first violent felony 9 offenders, because it really essentially has 10 nothing to do with drug offenses. I think 11 those issues should be dealt with and I don't 12 necessarily disagree with you. I'm one of 13 those people who happens to believe in 14 treatment and I think that -- by the way, we 15 do some pretty good stuff in our prison system 16 today and if we get a little room in our 17 prison systems, hopefully we'll be able to 18 provide even more treatment in the prison 19 system. 20 I don't necessarily disagree 21 with you, but I think that's a separate issue 22 that we should look to. The Assembly bill we 23 costed out about $200 million in treatment 24 costs which is one of the problems with it 25 because it's a budget issue, some of which we 1 discussed during the budget debate and then 2 frankly the Conference Committee rejected 3 because it was just too expensive, but it is 4 something we certainly can look at but it is 5 not in this bill. 6 SENATOR WALDON: Thank you, 7 Senator Volker. 8 Mr. President, if I may, on the 9 bill. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Waldon, on the bill. 12 SENATOR WALDON: This is not so 13 different from what we've dealt with in the 14 past. There are some new ideas suggested in 15 regard to domestic violence, in regard to what 16 the judge can do on the back end if someone 17 should violate while they're under 18 post-release supervision and those are good 19 things and we appreciate those things, but 20 there is not enough substantive change in this 21 proposal to cause myself, and I would hope a 22 whole host of other colleagues, to say this is 23 a winner. This will dramatically impact what 24 we're trying to do in regard to the criminal 25 justice system but specifically those who 1 commit violent felonies in this state. 2 So I would encourage my 3 colleagues to recognize that a bill by any 4 other name is still a bill. A bill which 5 fails to accomplish what we need to accomplish 6 by any other name fails to accomplish it and 7 we should vote no on this and the message and 8 signal we want to send not only to the 9 Governor but to those who work for him and who 10 craft these proposals is that they ought to 11 give us something that is going to really deal 12 with the drug problem, it will really deal 13 with giving judges discretion in terms of 14 first time violent felony offenders, and I 15 think Senator DeFrancisco raised a very cogent 16 point last time we discussed this, that there 17 is little room for the judge to do something 18 but it's not enough room for me to feel 19 comfortable. 20 So I would hope that my 21 colleagues would join me in voting down on 22 this proposal. It is not going to accomplish 23 the task and the mission that is facing us as 24 a legislative body. 25 Thank you, Mr. President. 1 ACTING PRESIDENT MAZIARZ: 2 Thank you, Senator Waldon. 3 Read the last section -- I'm 4 sorry. 5 Senator Gentile. 6 SENATOR GENTILE: Mr. 7 President, on the bill. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Gentile, on the bill. 10 SENATOR GENTILE: Despite the 11 words of my learned colleague, Senator Waldon, 12 certainly I have to -- I think everyone would 13 agree that we need to reform the parole system 14 in this state, especially for violent felons 15 and first time violent felons at that. 16 So I believe that this bill was 17 a good bill the last time we voted on it last 18 week. I commend Senator Volker for adding the 19 provisions. As a former prosecutor dealing in 20 domestic violence, these exceptions to the 21 sentencing provisions are appropriate excep 22 tions to the sentencing provisions and the 23 post-release supervision, the indeterminate 24 aspect now. The post-release supervision, I 25 believe, is appropriate. I think prosecutors 1 will appreciate this, also the changes and the 2 ability to distinguish in domestic violence 3 situations. 4 So overall I believe that this 5 is a better bill. The last bill that we had 6 was a good one. This is a better one, and I 7 think that it will serve all New Yorkers well 8 and keep our streets safer. 9 ACTING PRESIDENT MAZIARZ: Read 10 the last section -- I'm sorry. 11 Senator Paterson. 12 SENATOR PATERSON: Mr. 13 President, I would like to commend Senator 14 Volker. He seems to have negotiated in more 15 than good faith with the Assembly, and we're 16 moving hopefully toward a bill that we -- for 17 which we all can agree. 18 There's been a great deal of 19 lobbying on this particular bill and a real 20 effort to make sure that people who otherwise 21 would have been incarcerated -- see, there's 22 some lobbying right now -- people otherwise 23 would have been incarcerated would have been 24 able to be out and commit the kind of crime 25 that we -- unfortunately raised such statewide 1 attention, that it brings us back here to 2 re-examine our ideas of parole. 3 Senator Waldon asked some very 4 good questions, and I'm happy to see the 5 compromise that's been struck over domestic 6 violence. 7 Now, this brings into mind the 8 whole issue of child sexual abuse or the 9 sexual abuse of an individual that may have 10 been from someone who was not from the home 11 and let's say over a period of time the pent 12 up frustrations and anger of the victim 13 strikes out when the opportunity arises at the 14 perpetrator and here we are with a first time 15 violent felony offender and we do not have any 16 recourse but to sentence this individual under 17 the statute. 18 This is the reason why I would 19 generally prefer for there to be some judicial 20 discretion in these types of situations 21 because there are always situations that are 22 analogous to the domestic violence situation 23 where what was in the mind of the perpetrator 24 is often very different than what may actually 25 happen in what might be the majority case. 1 Now, Senator Volker cited the 2 majority case that most first time violent 3 offenders have some previous criminal record, 4 but that's a rather broad sweeping 5 generalization. That isn't always the case 6 and in those individual cases where it isn't 7 and there may be other impulses that were 8 acting on the individual, I think it's really 9 a shame that we would house them with those 10 who would certainly be eligible to serve their 11 entire terms. 12 The Rockefeller Drug Laws have 13 filled our state penitentiaries with 14 individuals to such a number that we can't 15 really even find the space sometimes for the 16 real violent offenders and we think they need 17 some address. 18 The Assembly's proposal may 19 have been described as a "Christmas tree". I 20 didn't know Senator Volker was opposed to 21 Christmas trees these days, but I understand 22 his point, but I really must tell the Senator 23 and everyone that's looking at this 24 legislation that there are often individual 25 situations that compel us to allow the sitting 1 judge to make some kind of adjustment in the 2 sentence, but because this is a one-house bill 3 and the negotiations are continuing with the 4 Assembly, I'm going to show a little good 5 faith for all the good faith that Senator 6 Volker has showed in his negotiations. 7 I'm going to actually support 8 this bill in the hope that we can do something 9 to tighten up what may be the loopholes in the 10 law but at the same time preserve the justice 11 that we seek. 12 ACTING PRESIDENT MAZIARZ: Read 13 the last section. 14 THE SECRETARY: Section 44. 15 This act shall take effect immediately. 16 ACTING PRESIDENT MAZIARZ: Call 17 the roll. 18 (The Secretary called the 19 roll.) 20 ACTING PRESIDENT MAZIARZ: I'm 21 sorry. Senator DeFrancisco, to explain your 22 vote. 23 SENATOR DeFRANCISCO: Yes. I 24 rise to explain why I'm voting yes on this 25 bill. 1 As you know from the last 2 debate, I have been involved with the 3 Grieshaber family since the day this thing 4 began, and it's my understanding to notify the 5 rest of the house that the Grieshabers did, in 6 fact, have a news conference with the Governor 7 pledging full support for this particular 8 compromise bill and urging the Assembly to do 9 the same and on the floor today I want to also 10 in my explanation of my yes vote urge the 11 Assembly to pass this bill because this is the 12 last day of session. The posturing is over. 13 The add-ons of different theories of 14 legislation is over. The time has come. Pass 15 the bill. 16 ACTING PRESIDENT MAZIARZ: The 17 Secretary will call the roll -- results. 18 THE SECRETARY: Those recorded 19 in the negative on Calendar Number 1533 are 20 Senators Leichter, Montgomery and Smith. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Paterson. 23 SENATOR PATERSON: Mr. 24 President, just to explain my vote. 25 ACTING PRESIDENT MAZIARZ: 1 Senator Paterson, to explain his vote. 2 SENATOR PATERSON: If I might. 3 I would like to -- even having voted in the 4 affirmative, I would like to remind Senator 5 DeFrancisco that people are taking their 6 positions in this Capitol based on what are 7 really their honest convictions and they may 8 be somewhat in disagreement with the sponsors 9 of the legislation but to promote the kind of 10 atmosphere where we might reach a compromise, 11 I don't think it is particularly a good idea 12 to ascribe any kind of political posturing or 13 any kind of showboating or public 14 demonstration to points of view when, in fact, 15 these are the honest feelings of many of our 16 colleagues not only in the Senate -- the 17 Assembly, but right here on this floor. 18 The proposal that Senator 19 Volker called a "Christmas tree" proposal, 20 that was a fair representation, but I think 21 that we all do understand that these are the 22 honest feelings of people and that in the past 23 many people have been sentenced to times when 24 perhaps a shorter sentence would have been 25 more in order. 1 So I just think that in the 2 discussion we might be a little more careful 3 not to mischaracterize those who loyally have 4 an opposing point of view. 5 ACTING PRESIDENT MAZIARZ: 6 Announce the results. 7 THE SECRETARY: Ayes 58, nays 8 3. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 Senator Leichter. 12 SENATOR LEICHTER: May I have 13 unanimous consent to be recorded in the 14 negative on Calendar Number 1529, please. 15 ACTING PRESIDENT MAZIARZ: 16 Without objection -- Senator Leichter could 17 you repeat the Calendar Number, please. 18 SENATOR LEICHTER: 1529. 19 ACTING PRESIDENT MAZIARZ: 20 Calendar Number 1529, without objection, so 21 ordered. 22 Senator Kuhl. 23 SENATOR KUHL: Yes, Mr. 24 President. May we now take up Calendar Number 25 1483. That's on the first active list. 1 ACTING PRESIDENT MAZIARZ: The 2 Secretary will read. 3 THE SECRETARY: In relation to 4 Calendar Number 1483, Senator Skelos moves to 5 discharge from the Committee on Rules Assembly 6 Bill 8970-B and substitute it for the 7 identical Senate Bill 6046-A. 8 ACTING PRESIDENT MAZIARZ: The 9 substitution is ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1483, by member of the Assembly Weisenberg, 13 Assembly Print 8970-B, an act to amend the 14 Navigation Law and the State Finance Law. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT MAZIARZ: The 25 bill is passed. 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: Mr. 3 President, on behalf of Senator Larkin, I move 4 to amend Senate Bill Number 3840-A by striking 5 out the amendments made on 6/16 and restoring 6 it to its original Print Number 3840. 7 ACTING PRESIDENT MAZIARZ: So 8 ordered. 9 Senator Fuschillo. 10 SENATOR FUSCHILLO: Mr. 11 President, on behalf of Senator Farley, on 12 page 8, I offer the following amendments to 13 Calendar Number 268, Senate Print Number 14 1689-A, and ask that said bill retain its 15 place on the Third Reading Calendar. 16 ACTING PRESIDENT MAZIARZ: The 17 amendments are received. 18 The Secretary will read 3... 19 I'm sorry. Senator Kuhl. 20 SENATOR KUHL: I was just going 21 to ask if you had some other housekeeping, 22 substitutions, and can we do that at this 23 time. 24 ACTING PRESIDENT MAZIARZ: The 25 Secretary will read the substitutions. 1 THE SECRETARY: On page 7, 2 Senator Johnson moves to discharge from the 3 Committee on Rules Assembly Bill 4467-C and 4 substitute it for the identical Senate Bill 5 2684-C. 6 On page 10, Senator Velella 7 moves to discharge from the Committee on Rules 8 Assembly Bill 3169-B and substitute it for the 9 identical Senate Bill 4597-B. 10 On page 24, Senator Farley 11 moves to discharge from the Committee on Rules 12 Assembly Bill 11218-A and substitute it for 13 the identical Senate Bill 7168-A. 14 ACTING PRESIDENT MAZIARZ: The 15 substitutions are ordered. 16 Senator Kuhl. 17 SENATOR KUHL: Does that take 18 care of the housekeeping right now at the 19 desk? 20 ACTING PRESIDENT MAZIARZ: Yes. 21 SENATOR KUHL: All right. Then 22 can we call up Calendar Number 195, please. 23 ACTING PRESIDENT MAZIARZ: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number 1 195, by Senator DeFrancisco, Senate Print 2 5799-B, an act to amend the Domestic Relations 3 Law and the Family Court Act. 4 SENATOR KUHL: Is there a 5 message at the desk? 6 ACTING PRESIDENT MAZIARZ: 7 Senator Kuhl, there is a message of necessity 8 at the desk. 9 SENATOR KUHL: I move we accept 10 the message. 11 ACTING PRESIDENT MAZIARZ: The 12 motion is to accept the message of necessity. 13 All those in favor signify by saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The message is accepted. 18 Senator Kuhl. 19 SENATOR KUHL: Read the last 20 section. 21 ACTING PRESIDENT MAZIARZ: Read 22 the last section. 23 SENATOR DOLLINGER: Excuse me, 24 Mr. President. 25 ACTING PRESIDENT MAZIARZ: I'm 1 sorry. Senator Dollinger. 2 SENATOR DOLLINGER: Just as a 3 point of order, could we just -- when the bill 4 is announced and read, could we have the 5 calendar it's located on identified, so I 6 can - 7 SENATOR KUHL: I would be happy 8 to accommodate you. 9 SENATOR DOLLINGER: -- figure 10 out where it is. 11 SENATOR KUHL: Be happy to 12 accommodate you as best we can, Senator 13 Dollinger. 14 SENATOR DOLLINGER: Thank you. 15 ACTING PRESIDENT MAZIARZ: 16 Senator Kuhl. 17 SENATOR KUHL: Could you read 18 the last section. 19 ACTING PRESIDENT MAZIARZ: Read 20 the last section. 21 THE SECRETARY: Section 4. 22 This act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 24 the roll. 25 (The Secretary called the 1 roll.) 2 THE SECRETARY: Ayes 61. 3 ACTING PRESIDENT MAZIARZ: The 4 bill is passed. 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: Just to 7 explain my yes vote. This is a bill that 8 arose out of a situation where a father 9 brutally murdered a mother in the presence of 10 children and then once he was in jail sought 11 visitation rights in jail with the kids and 12 it's named after Leanne Cruz, the deceased 13 mother. 14 This is an agreed upon bill 15 with the Assembly. There's an identical 16 bill. We passed an earlier one in our house 17 this year. It's been a long process up to the 18 last day to get the agreed upon bill and I'm 19 pleased to vote yes and have this house pass 20 the Leanne Cruz Memorial Act. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Kuhl. 23 SENATOR KUHL: Now, Mr. 24 President, we have a supplemental active list 25 on the members' desks and what we would like 1 to do is to take the non-controversial reading 2 of that supplemental active list. 3 Now, for Senator Dollinger's 4 benefit, if he's going to stay, that will 5 require him going to the regular calendar, 6 starting out first with Calendar Number 213 7 and then progressing through that calendar 8 with active bills to then going to the 9 supplemental calendar. 10 Now, Senator Gold, who is 11 really in control of this chamber today, says 12 it's not necessary for you, but to accommodate 13 you, Senator Dollinger, that's what we're 14 going to do. 15 So could we have a non 16 controversial reading of the supplemental 17 active list, beginning with Calendar Number 18 213. 19 ACTING PRESIDENT MAZIARZ: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 213, by member of the Assembly Tocci, Assembly 23 Print 6038-B, an act to amend the 24 Environmental Conservation Law. 25 ACTING PRESIDENT MAZIARZ: Read 1 the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect on the 180th day. 4 ACTING PRESIDENT MAZIARZ: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 60, nays 9 one, Senator Leichter recorded in the 10 negative. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1314, by the Assembly Committee on Rules, 15 Assembly Print 11286, an act to amend the 16 Alcoholic Beverage Control Law. 17 ACTING PRESIDENT MAZIARZ: Read 18 the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT MAZIARZ: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 657, by Senator LaValle, Senate Print 5935-B, 5 an act to amend the General Business Law. 6 ACTING PRESIDENT MAZIARZ: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect in 120 days. 10 ACTING PRESIDENT MAZIARZ: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 61. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 763, by Senator Maziarz, Senate Print 3217-A, 19 an act in relation to contracts for the 20 purchase of goods. 21 ACTING PRESIDENT MAZIARZ: 22 There is a home rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. 25 This act shall take effect immediately. 1 ACTING PRESIDENT MAZIARZ: Call 2 the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 61. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1038, by Senator Meier, Senate Print 7426-A, 10 an act to authorize the town of New Hartford 11 to discontinue. 12 ACTING PRESIDENT MAZIARZ: 13 There is a home rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 5. 16 This act shall take effect immediately. 17 ACTING PRESIDENT MAZIARZ: Call 18 the roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 61. 22 ACTING PRESIDENT MAZIARZ: The 23 bill is passed. 24 SENATOR OPPENHEIMER: Mr. 25 President. 1 ACTING PRESIDENT MAZIARZ: I'm 2 sorry. Senator Oppenheimer. 3 SENATOR OPPENHEIMER: Could I 4 have unanimous consent to be recorded in the 5 negative on 213. It just passed. 6 ACTING PRESIDENT MAZIARZ: 7 Without objection, so ordered. 8 SENATOR OPPENHEIMER: It's a 9 terrible bill. 10 ACTING PRESIDENT MAZIARZ: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1064, by Senator Alesi, Senate Print 7220-A, 14 an act to amend the General Business Law and 15 the Public Service Law. 16 SENATOR KUHL: Lay the bill 17 aside temporarily. 18 ACTING PRESIDENT MAZIARZ: The 19 bill is laid aside. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1485, by Senator Goodman, Senate Print 23 6256-A - 24 SENATOR STACHOWSKI: Lay it 25 aside. 1 ACTING PRESIDENT MAZIARZ: Lay 2 the bill aside at the request of Senator 3 Stachowski. 4 THE SECRETARY: Calendar Number 5 1486, by Senator Johnson, Senate Print 6491-A, 6 an act to amend the Lien Law, in relation to 7 notification. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 2. 11 This act shall take effect in 30 days. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 61. 17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1492, by Senator Saland, Senate Print 7361, an 21 act to amend the Social Services Law. 22 ACTING PRESIDENT MAZIARZ: Read 23 the last section. 24 SENATOR KUHL: Lay the bill 25 aside temporarily. 1 ACTING PRESIDENT MAZIARZ: Lay 2 the bill aside. 3 THE SECRETARY: Calendar Number 4 1494, by Senator Alesi, Senate Print 7595-B, 5 an act to amend the Local Finance Law. 6 ACTING PRESIDENT MAZIARZ: Read 7 the last section -- I'm sorry. There is a 8 home rule message at the desk. Read the last 9 section. 10 THE SECRETARY: Section 2. 11 This act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 61. 17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 THE SECRETARY: Calendar 20 Number - 21 SENATOR WALDON: Mr. President. 22 ACTING PRESIDENT MAZIARZ: I'm 23 sorry. Senator Waldon. 24 SENATOR WALDON: Mr. President, 25 I was away on other business for the Senate 1 when the house dealt with 1533. I 2 respectfully request without exception - 3 without opposition that I be recorded in the 4 negative. 5 ACTING PRESIDENT MAZIARZ: 6 Which calendar, Senator Waldon? 7 SENATOR WALDON: 1533. 8 ACTING PRESIDENT MAZIARZ: 9 Without objection, so ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1495, by Senator Alesi, Senate Print 7596-A, 13 an act to authorize the city of Rochester. 14 ACTING PRESIDENT MAZIARZ: 15 There is a home rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 5. 18 This act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT MAZIARZ: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 1497, by Senator Libous, Senate Print 7733, an 3 act to amend Chapter 649 of the Laws of 1996. 4 ACTING PRESIDENT MAZIARZ: 5 Senator Skelos -- I'm sorry -- Senator Kuhl. 6 SENATOR KUHL: Is there a 7 message of necessity at the desk? 8 ACTING PRESIDENT MAZIARZ: 9 There is a message of necessity at the desk. 10 SENATOR KUHL: I move we accept 11 the message. 12 ACTING PRESIDENT MAZIARZ: The 13 motion is to accept the message of necessity. 14 All those in favor signify by saying aye. 15 (Response of "Aye".) 16 Opposed, nay. 17 (There was no response.) 18 The message is accepted. 19 Read the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 61. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1500, by Senator Skelos, Senate Print 7762, an 6 act authorizing the assessor of the county of 7 Nassau. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 2. 11 This act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 59, nays 17 2, Senators Cook and Dollinger recorded in the 18 negative. 19 ACTING PRESIDENT MAZIARZ: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1504, by Senator Goodman, Senate Print 7776, 23 an act to amend the General Business Law, in 24 relation to veterans. 25 ACTING PRESIDENT MAZIARZ: Read 1 the last section. 2 THE SECRETARY: Section 3. 3 This act shall take effect September 1st. 4 SENATOR STACHOWSKI: Lay it 5 aside. 6 ACTING PRESIDENT MAZIARZ: Lay 7 the bill aside at the request of Senator 8 Stachowski. 9 THE SECRETARY: Going back to 10 1502, in relation to Calendar Number 1502, 11 Senator Padavan moves to discharge from the 12 Committee on Rules Assembly Bill Number 11314 13 and substitute it for the identical Senate 14 Bill 7766. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section -- the substitution is 17 ordered. 18 SENATOR STACHOWSKI: Lay it 19 aside. 20 ACTING PRESIDENT MAZIARZ: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 1502, by the Assembly Committee on Rules, 24 Assembly Print 11314, an act to amend the 25 Education Law. 1 SENATOR STACHOWSKI: Lay it 2 aside, please. 3 ACTING PRESIDENT MAZIARZ: Lay 4 the bill aside at the request of Senator 5 Stachowski. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1509, by Senator Lachman, Senate print 2621-A, 9 an act to amend the Vehicle and Traffic Law, 10 in relation to the possession of an open 11 container in a motor vehicle. 12 ACTING PRESIDENT MAZIARZ: Read 13 the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect on the 120th day. 16 ACTING PRESIDENT MAZIARZ: Call 17 the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 61. 21 ACTING PRESIDENT MAZIARZ: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1510, by Senator Marchi, Senate Print 3351-C, 25 an act to amend the Not-for-Profit Corporation 1 Law. 2 ACTING PRESIDENT MAZIARZ: Read 3 the last section. 4 THE SECRETARY: Section 2. 5 This act shall take effect on the 30th day. 6 ACTING PRESIDENT MAZIARZ: Call 7 the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 61. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1511, by Senator Meier, Senate Print 4846-A, 15 an act to amend the Social Service Law and the 16 Family Court Act. 17 ACTING PRESIDENT MAZIARZ: Read 18 the last section. 19 THE SECRETARY: Section 6. 20 This act shall take effect immediately. 21 ACTING PRESIDENT MAZIARZ: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1513, Senator Trunzo moves to 5 discharge from the Committee on Rules Assembly 6 Bill 7907-B and substitute it for the 7 identical Senate Bill 5002-B. 8 ACTING PRESIDENT MAZIARZ: The 9 substitution is ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1513, by the Assembly Committee on Rules, 13 Assembly Print 7907-B, an act to amend the 14 Retirement and Social Security Law. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 THE SECRETARY: Section 2. 18 This - 19 SENATOR STACHOWSKI: Lay it 20 aside. 21 ACTING PRESIDENT MAZIARZ: Lay 22 the bill aside. 23 THE SECRETARY: In relation to 24 Calendar Number 1514, Senator Maziarz moves to 25 discharge from the Committee on Elections 1 Assembly Bill 8255 and substitute it for the 2 identical Senate Bill 5568. 3 ACTING PRESIDENT MAZIARZ: The 4 substitution is ordered. 5 SENATOR DOLLINGER: Can you lay 6 that aside for an explanation. 7 ACTING PRESIDENT MAZIARZ: The 8 Secretary will read. 9 THE SECRETARY: Calendar 1514, 10 by the Assembly Committee on Rules, Assembly 11 Print 8255, an act to amend the Election Law. 12 SENATOR DOLLINGER: Lay that 13 bill aside for an explanation. 14 ACTING PRESIDENT MAZIARZ: Lay 15 that bill aside at the request of Senator 16 Dollinger. 17 THE SECRETARY: Calendar Number 18 1515, by Senator Wright, Senate Print 5616-A, 19 an act to amend the Environmental Conservation 20 Law. 21 ACTING PRESIDENT MAZIARZ: Read 22 the last section. 23 THE SECRETARY: Section - 24 SENATOR LEICHTER: Lay it 25 aside. 1 ACTING PRESIDENT MAZIARZ: Lay 2 the bill aside at the request of Senator 3 Leichter. 4 THE SECRETARY: Calendar Number 5 1516, by Senator Alesi, Senate Print 5689-A, 6 an act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT MAZIARZ: Read 8 the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect in 30 days. 11 ACTING PRESIDENT MAZIARZ: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1517, by Senator Marchi, Senate Print 6279-A, 20 an act authorizing the city of New York to 21 reconvey. 22 ACTING PRESIDENT MAZIARZ: 23 There is a home rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MAZIARZ: Call 3 the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT MAZIARZ: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1518, by Senator Padavan, Senate Print 6344, 11 an act authorizing the city of New York to 12 reconvey. 13 ACTING PRESIDENT MAZIARZ: 14 There is a home rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 5. 17 This act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 61. 23 ACTING PRESIDENT MAZIARZ: The 24 bill is passed. 25 Senator Stachowski. 1 SENATOR STACHOWSKI: Mr. 2 President, earlier Calendar Number 1513 was 3 laid aside inadvertently. If you would like 4 to take it up now, it would be okay with our 5 side. 6 ACTING PRESIDENT MAZIARZ: The 7 Secretary will read. 8 SENATOR STACHOWSKI: 1513, the 9 Trunzo bill. 10 ACTING PRESIDENT MAZIARZ: 11 Calendar Number 1513 by Senator Trunzo. 12 SENATOR KUHL: Let's go back. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Kuhl. 15 SENATOR KUHL: 1513, call that 16 up. 17 ACTING PRESIDENT MAZIARZ: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 1513, by the Assembly Committee on Rules, 21 Assembly Print 7907-B, an act to amend the 22 Retirement and Social Security Law. 23 ACTING PRESIDENT MAZIARZ: Read 24 the last section. 25 THE SECRETARY: Section 2. 1 This act shall take effect immediately. 2 ACTING PRESIDENT MAZIARZ: Call 3 the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT MAZIARZ: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1519, by Senator Seabrook, Senate Print 6376, 11 an act authorizing the city of New York to 12 reconvey. 13 ACTING PRESIDENT MAZIARZ: 14 There is a home rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 5. 17 This act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 61. 23 ACTING PRESIDENT MAZIARZ: The 24 bill is passed. 25 THE SECRETARY: In relation to 1 Calendar Number 1520, Senator Goodman moves to 2 discharge from the Committee on Rules Assembly 3 Bill 8629-B and substitute it for the 4 identical Senate Bill 6624-A. 5 ACTING PRESIDENT MAZIARZ: The 6 substitution is ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1520, by the Assembly Committee on Rules, 10 Assembly Print 8629-B, an act to amend the Tax 11 Law and the Administrative Code of the city of 12 New York. 13 ACTING PRESIDENT MAZIARZ: 14 There is a home rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 61. 23 ACTING PRESIDENT MAZIARZ: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 1521, by Senator Marchi, Senate Print 6631-A, 2 an act authorizing the city of New York to 3 reconvey. 4 ACTING PRESIDENT MAZIARZ: 5 There is a home rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 5. 8 This act shall take effect immediately. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 61. 14 ACTING PRESIDENT MAZIARZ: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1522, by Senator Johnson, Senate Print 6910-A, 18 an act to amend the Highway Law, in relation 19 to the establishment. 20 ACTING PRESIDENT MAZIARZ: Read 21 the last section. 22 THE SECRETARY: Section 3. 23 This act shall take effect immediately. 24 ACTING PRESIDENT MAZIARZ: Call 25 the roll. 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 61. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1523, by Senator Seward, Senate Print 7066-A, 8 an act to authorize Joseph A. Santoro to apply 9 for an optional 25-year. 10 ACTING PRESIDENT MAZIARZ: 11 There is a home rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 3. 14 This act shall take effect immediately. 15 ACTING PRESIDENT MAZIARZ: Call 16 the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 60, nays 20 one, Senator Leichter recorded in the 21 negative. 22 ACTING PRESIDENT MAZIARZ: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1524, Senator Balboni moves to 1 discharge from the Committee on Rules Assembly 2 Bill 6085-A and substitute it for the 3 identical Senate Bill 7091. 4 ACTING PRESIDENT MAZIARZ: The 5 substitution is ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1524, by member of the Assembly Christensen, 9 Assembly Print 6085-A, an act to amend the 10 Executive Law, in relation to standardizing. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 THE SECRETARY: Section 2. 14 This act shall take effect on the first day of 15 September. 16 ACTING PRESIDENT FUSCHILLO: 17 Call the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 61. 21 ACTING PRESIDENT FUSCHILLO: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 1526, by Senator Wright, Senate Print 7607, an 25 act to amend the Environmental Conservation 1 Law, in relation to the definition of muzzle 2 loading firearms. 3 ACTING PRESIDENT MAZIARZ: Read 4 the last section. 5 THE SECRETARY: Section 2. 6 This act shall take effect immediately. 7 ACTING PRESIDENT FUSCHILLO: 8 Call the roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Ayes 61. 12 ACTING PRESIDENT FUSCHILLO: 13 The bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1527, Senator LaValle moves to 16 discharge from the Committee on Rules Assembly 17 Bill 11132 and substitute it for the identical 18 Senate Bill 7611. 19 ACTING PRESIDENT FUSCHILLO: 20 The substitution is ordered. The Secretary 21 will read. 22 THE SECRETARY: Calendar Number 23 1527, by the Assembly Committee on Rules, 24 Assembly Print 11132, an act to amend the 25 Environmental Conservation Law. 1 ACTING PRESIDENT FUSCHILLO: 2 Read the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT FUSCHILLO: 6 Call the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 61. 10 ACTING PRESIDENT FUSCHILLO: 11 The bill is passed. 12 THE SECRETARY: Calendar Number 13 1528, Senator Kuhl moves to discharge - 14 Senator Kuhl, Senate Print 7720, an act to 15 amend the Agriculture and Markets Law. 16 ACTING PRESIDENT FUSCHILLO: 17 Read the last section. 18 THE SECRETARY: Section 2. 19 This act shall take effect on the same date as 20 a chapter of the Laws of 1998. 21 ACTING PRESIDENT FUSCHILLO: 22 Call the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT FUSCHILLO: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 1530, Senator Trunzo moves to discharge from 5 the Committee on Rules Assembly Bill 11130 and 6 substitute it for the identical Senate Bill 7 7781. 8 ACTING PRESIDENT FUSCHILLO: 9 The substitution is ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1530, by the Assembly Committee on Rules, 13 Assembly Print 11130, an act to amend the 14 Retirement and Social Security Law. 15 ACTING PRESIDENT FUSCHILLO: 16 Read the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT FUSCHILLO: 20 Call the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT FUSCHILLO: 25 The bill is passed. 1 THE SECRETARY: In relation to 2 Calendar Number 1531, Senator Trunzo moves to 3 discharge from the Committee on Rules Assembly 4 Bill 11129 and substitute it for the identical 5 Senate Bill 7782. 6 ACTING PRESIDENT FUSCHILLO: 7 The substitution is ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1531, by the Assembly Committee on Rules, 11 Assembly Print 11129, an act to amend the 12 Retirement and Social Security Law. 13 ACTING PRESIDENT FUSCHILLO: 14 Read the last section. 15 THE SECRETARY: Section 2. 16 This act shall take effect immediately. 17 ACTING PRESIDENT FUSCHILLO: 18 Call the roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 61. 22 ACTING PRESIDENT FUSCHILLO: 23 The bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1532, Senator Trunzo moves to 1 discharge from the Committee on Rules Assembly 2 Bill 11349 and substitute it for the identical 3 Senate Bill 7792. 4 ACTING PRESIDENT FUSCHILLO: 5 Substitution is ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1532, by the Assembly Committee on Rules, 9 Assembly Print 11349, an act to amend the 10 Retirement and Social Security Law. 11 ACTING PRESIDENT FUSCHILLO: 12 Read the last section. 13 SENATOR STACHOWSKI: Lay it 14 aside. 15 ACTING PRESIDENT FUSCHILLO: 16 Lay it aside. 17 THE SECRETARY: Calendar Number 18 1534, by Senator Paterson, Senate Print 19 4095-A, an act to amend the Tax Law, in 20 relation to exclusion of certain earnings from 21 gross income. 22 ACTING PRESIDENT FUSCHILLO: 23 Read the last section. 24 THE SECRETARY: Section 2. 25 This act shall take effect on the first day of 1 January. 2 ACTING PRESIDENT FUSCHILLO: 3 Call the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT FUSCHILLO: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 1535, by Senator Velella, Senate Print 7478-B, 11 an act to amend the Insurance Law, in relation 12 to annual consumer guide of health insurers. 13 ACTING PRESIDENT FUSCHILLO: 14 Read the last section. 15 THE SECRETARY: Section 3. 16 This act shall take effect in 180 days. 17 ACTING PRESIDENT FUSCHILLO: 18 Call the roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 61. 22 ACTING PRESIDENT FUSCHILLO: 23 The bill is passed. 24 Senator Kuhl. 25 SENATOR KUHL: Yes, Mr. 1 President. May we now have a controversial 2 reading of the supplemental active list, 3 beginning with Calendar Number 1064, by 4 Senator Alesi. 5 ACTING PRESIDENT FUSCHILLO: 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1064, by Senator Alesi, Senate Print 7220-A, 9 an act to amend the General Business Law and 10 the Public Service Law. 11 SENATOR KUHL: Lay the bill 12 aside for the day. 13 ACTING PRESIDENT FUSCHILLO: 14 Lay the bill aside for the day. 15 THE SECRETARY: Calendar Number 16 1485, by Senator Goodman, Senate Print 6256-A, 17 an act to amend Chapter 115 of the Laws of 18 1995. 19 SENATOR PATERSON: Explanation. 20 ACTING PRESIDENT FUSCHILLO: 21 Senator Goodman. 22 SENATOR KUHL: Lay the bill 23 aside temporarily and could you read Calendar 24 Number 1502 by Senator Padavan. 25 ACTING PRESIDENT FUSCHILLO: 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1502, substituted earlier today, by the 4 Assembly Committee on Rules, Assembly Print 5 11314, an act to amend the Education Law and 6 Chapter 720 of the Laws of 1996. 7 SENATOR STACHOWSKI: 8 Explanation. 9 ACTING PRESIDENT FUSCHILLO: 10 Senator Padavan, request an explanation. 11 SENATOR PADAVAN: You'll recall 12 that toward the end of 1996 we adopted a major 13 change in the governance of our community 14 school boards as well as the entire 15 educational system in the city of New York. 16 There are some aspects of that 17 bill that we are correcting in terms of 18 omission with regard to the bill before us at 19 this moment in time. One of them is to allow 20 community school boards to hire executive 21 secretaries responsible to them directly. 22 The other is to allow community 23 school boards to retain counsel in the event 24 they're being sued or for any other 25 appropriate purpose. 1 We're also clarifying the role 2 of the chancellor as a result -- as it relates 3 to disciplinary actions against pedagogical 4 and supervisory staff. 5 Those are the essential 6 ingredients of the bill now before us. 7 ACTING PRESIDENT FUSCHILLO: 8 Read the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect immediately. 11 ACTING PRESIDENT FUSCHILLO: 12 Senator Lachman, why do you rise? 13 SENATOR LACHMAN: Will the 14 Senator yield for a question? 15 ACTING PRESIDENT FUSCHILLO: 16 Will the Senator yield for a question? 17 SENATOR LACHMAN: Don't 18 community school boards at this point have - 19 SENATOR PADAVAN: I cannot hear 20 you. 21 SENATOR LACHMAN: Do not 22 community school boards at this point have 23 legal authority to appoint counsel? 24 SENATOR PADAVAN: No, they do 25 not. 1 SENATOR LACHMAN: They did 2 under the previous law. 3 SENATOR PADAVAN: Yes, but when 4 we adopted the major bill last - 5 SENATOR LACHMAN: In December 6 of '96. 7 SENATOR PADAVAN: -- in '96, 8 that part of it was left out, in my view, 9 inadvertently. We're now putting it back in. 10 SENATOR LACHMAN: Okay. Thank 11 you. 12 ACTING PRESIDENT FUSCHILLO: 13 Read the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect immediately. 16 ACTING PRESIDENT FUSCHILLO: 17 Call the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 61. 21 ACTING PRESIDENT FUSCHILLO: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 1492, by Senator Saland, Senate Print 7361, an 25 act to amend the Social Service Law, the 1 Family Court Act and the Civil Practice Law 2 and Rules. 3 SENATOR KUHL: Lay the bill 4 aside temporarily. 5 ACTING PRESIDENT FUSCHILLO: 6 Lay the bill aside temporarily. 7 THE SECRETARY: Calendar Number 8 1504, by Senator Goodman, Senate Print 7776, 9 an act to amend the General Business Law, in 10 relation to veterans of the Armed Forces. 11 SENATOR STACHOWSKI: 12 Explanation. 13 SENATOR KUHL: Lay it aside 14 temporarily. 15 ACTING PRESIDENT FUSCHILLO: 16 Lay it aside temporarily. 17 THE SECRETARY: Calendar Number 18 1514, substituted earlier today, by the 19 Assembly Committee on Rules, Assembly Print 20 8255, an act to amend the Election Law, in 21 relation to special federal voters. 22 ACTING PRESIDENT FUSCHILLO: 23 Read the last section. 24 THE SECRETARY: Section 2. 25 This act shall take effect immediately. 1 ACTING PRESIDENT FUSCHILLO: 2 Call the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 61. 6 ACTING PRESIDENT FUSCHILLO: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 1515, by Senator Wright, Senate Print 5616-A, 10 an act to amend the Environmental Conservation 11 Law. 12 ACTING PRESIDENT FUSCHILLO: 13 Read the last section. 14 SENATOR STACHOWSKI: 15 Explanation. 16 ACTING PRESIDENT FUSCHILLO: 17 Senator Wright, an explanation is requested. 18 SENATOR WRIGHT: Thank you, Mr. 19 President. 20 This bill would exempt certain 21 disinfectants from future VOC limitations to 22 make sure these products continue to provide a 23 significant public benefit in combating 24 infectious disease. 25 ACTING PRESIDENT FUSCHILLO: 1 Senator Stachowski. 2 SENATOR STACHOWSKI: Personally 3 I think the explanation is satisfactory, but 4 I'm trying to waste a minute so that Senator 5 Leichter, who laid this bill aside, if he had 6 any questions, I could find out what they 7 were, but I'm not quite sure where he is. So 8 go ahead. 9 SENATOR WRIGHT: Thank you, 10 Senator. 11 You've done an admirable job. 12 SENATOR STACHOWSKI: Thank you. 13 ACTING PRESIDENT FUSCHILLO: 14 Read the last section. 15 THE SECRETARY: Section 3. 16 This act shall take effect immediately. 17 ACTING PRESIDENT FUSCHILLO: 18 Call the roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 61. 22 ACTING PRESIDENT FUSCHILLO: 23 The bill is passed. 24 THE SECRETARY: Calendar Number 25 1532, substituted earlier today, by the 1 Assembly Committee on Rules, Assembly Print 2 11349, an act to amend the Retirement and 3 Social Security Law. 4 ACTING PRESIDENT FUSCHILLO: 5 Read the last section. 6 SENATOR STACHOWSKI: 7 Explanation. 8 ACTING PRESIDENT FUSCHILLO: An 9 explanation is requested. 10 Senator Trunzo. 11 SENATOR TRUNZO: Mr. President, 12 this is a supplementation bill which has been 13 approved three ways by the Senate, the 14 Assembly and the Governor's office regarding 15 supplementation for all retirees of all 16 systems in the state of New York, including 17 the Employee Retirement Systems, the Police 18 and Firemen, the Teachers Retirement System, 19 the New York City Teachers Retirement System 20 and all the city retirement systems and it has 21 a complete supplementation, taken care of 22 every retiree of the state of New York in one 23 form or another. 24 SENATOR NANULA: Mr. President. 25 ACTING PRESIDENT FUSCHILLO: 1 Senator Nanula. 2 SENATOR NANULA: Thank you, Mr. 3 President. 4 Would the sponsor yield for a 5 question? 6 SENATOR TRUNZO: Sure. 7 ACTING PRESIDENT FUSCHILLO: 8 The Senator yields. 9 SENATOR NANULA: Thank you, Mr. 10 President. 11 Senator Trunzo, you had just 12 stated that with respect to the 13 supplementation -- a supplementation would be 14 provided to retirees in every system in the 15 state retiree system, the teacher system. 16 SENATOR TRUNZO: Early 17 Retirement System for a two-year period, for 18 1998 as well as 1999, except for the city of 19 New York. In regards to the city of New York, 20 the legislation will take effect July 1st of 21 1999 and what -- also they have an assumption 22 if they want to go earlier, they can come into 23 September 1988 as payments will be happening 24 for all other systems. 25 SENATOR NANULA: Through you, 1 Mr. President. Senator Trunzo, with respect 2 to the percentages -- actually, let me take 3 you back one step. The calendar year of 4 retirement, in the bill, 1992 is the first 5 number listed. Is that the first year with 6 respect to those people who have retired that 7 benefit will be provided? 8 SENATOR TRUNZO: Retired prior 9 to 1993. So those will be 1992 all the way 10 down to 1930-something. 11 SENATOR NANULA: Okay. So that 12 I understand the formula, in the case of 13 somebody who retired in 1992, they would 14 receive a 1.5 percent supplementation for each 15 year they were retired? 16 SENATOR TRUNZO: For the first 17 year, 1.5 percent of the first $13,500. The 18 base in the past had been 12,500. It has now 19 been increased to 13,500 and next year it will 20 be increased to $14,000 and next year those 21 who retired in 1993 would get a 22 supplementation of one-point -- whatever the 23 formula is, in the book. 24 SENATOR NANULA: Again through 25 you, Mr. President. 1 ACTING PRESIDENT FUSCHILLO: 2 Senator Trunzo, will you continue to yield for 3 a question? 4 SENATOR TRUNZO: Yes. 5 ACTING PRESIDENT FUSCHILLO: 6 Thank you. 7 SENATOR NANULA: Again so I 8 understand this, this isn't a two-year 9 supplementation. There will be a one-time 10 supplementation but it will qualify for two 11 one-year periods. 12 SENATOR TRUNZO: It's a 13 two-year bill in a sense but with that two 14 steps -- two different steps, except for the 15 increase in the base salary that would be 16 involved. So it's really a one-year bill but 17 pulled over a two-year period, making those 18 who retired prior to 1993 effective this year 19 and those who retired prior to 1994 effective 20 next year. 21 SENATOR NANULA: Very good. 22 Thank you very much, Senator Trunzo. 23 Mr. President, on the bill. 24 ACTING PRESIDENT FUSCHILLO: 25 Senator Nanula, on the bill. 1 SENATOR NANULA: Let me start 2 by saying that it certainly pleases me at 3 least that this year we're seeing a 4 supplementation for retirees. 5 Senator Trunzo has worked 6 tirelessly on the issue of a COLA for state 7 retirees. I had a bill here in the Senate 8 that would have provided for a performance 9 COLA structure which became Senator Trunzo's 10 bill. It was originally Comptroller McCall's 11 bill -- program bill and that was for the 12 state retirement system which today, I 13 believe, has an asset base of $106 billion and 14 has retirees making as little as 7- or $8,000 15 a year and other than our periodic 16 supplementations, we were one of the only 17 states in the country that doesn't have some 18 type of COLA program for our retirees, whether 19 it's a performance COLA, which I think is a 20 very prudent way of going. It bases itself on 21 the performance of the pension system, so in 22 those years when we out-perform the dollars 23 needed to fund the pension payments to our 24 retirees, we then could not only fund a COLA 25 but an annuity, so that in future years when 1 the performance of the pension system - 2 retirement system didn't meet the criteria to 3 provide a COLA, we then could provide a COLA 4 in those years, and it was a fiscally 5 responsible approach. It had no fiscal impact 6 either on local employers, governments, local 7 municipalities, nor would it have increased 8 employee contributions, and I just think 9 personally, although I'm happy to see we have 10 a supplementation at hand and I will be voting 11 for it, it's a tragedy. It's a tragedy that 12 in this state where we have a New York State 13 retirement system that is so well funded, 14 where we're not as a function of looking at a 15 performance COLA, looking to take one dime 16 from this chamber or the Assembly, when our 17 local governments are paying amongst the 18 lowest contributor rates in the country right 19 now, I believe it's less than one percent, 20 when our employees are paying amongst the 21 lowest contribution rates in the country, I 22 think it's a travesty that we as a legislative 23 body and amongst our retirement systems, 24 because I think there's leadership with 25 respect to the New York State retirees, but 1 when you look at the city unions, the teachers 2 unions, with all this diversity among our 3 retiree systems, unfortunately we have not 4 been able to come to a consensus and provide a 5 COLA to all of our retirees in this state, and 6 I think as a legislative body and for that 7 matter our Governor and the leaders of these 8 pension systems, we need to continue the 9 effort to bring a permanent COLA to our 10 retirees in this state, whether it be in the 11 form of a performance COLA or some other 12 method of COLA because we should not be 13 subjecting our seniors to have to be coming 14 back and begging this Legislature and begging 15 the Governor on an annual basis for us to give 16 them what's theirs. It's their money. 17 They've worked for it. It's in the systems 18 and they're entitled to it. 19 So with that, again, Mr. 20 President, I will be voting on the bill but 21 with a great deal of frustration. 22 Thank you. 23 ACTING PRESIDENT FUSCHILLO: 24 Thank you, Senator Nanula. 25 The Secretary will read -- read 1 the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect immediately. 4 ACTING PRESIDENT FUSCHILLO: 5 Call the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 61. 9 ACTING PRESIDENT FUSCHILLO: 10 The bill is passed. 11 SENATOR LEICHTER: Mr. 12 President. 13 ACTING PRESIDENT FUSCHILLO: 14 Senator Kuhl -- Senator Leichter. 15 SENATOR LEICHTER: Mr. 16 President, may I have unanimous consent to be 17 recorded in the negative on Calendar 1515, 18 please. 19 ACTING PRESIDENT FUSCHILLO: So 20 ordered. 21 Senator Oppenheimer. 22 SENATOR OPPENHEIMER: Oh, 23 sorry, no. 24 ACTING PRESIDENT FUSCHILLO: 25 Senator Oppenheimer. 1 SENATOR OPPENHEIMER: No. I'm 2 sorry. I was calling someone behind me. 3 ACTING PRESIDENT FUSCHILLO: 4 Senator Kuhl. 5 SENATOR KUHL: Mr. President, 6 may we return to the order of motions and 7 resolutions. I believe there's a Resolution 8 Calendar Number 2 on the members' desks. I 9 would move we adopt the Resolution Calendar at 10 this time. 11 ACTING PRESIDENT FUSCHILLO: 12 We'll return to motions and resolutions. The 13 motion is to adopt the Resolution Calendar. 14 All in favor signify by saying aye. 15 (Response of "Aye".) 16 Nay? 17 (There was no response.) 18 The ayes have it. 19 The motion is approved. 20 Senator Kuhl. 21 SENATOR KUHL: Yes, Mr. 22 President. For the benefit of the members, 23 what we would like to go to is the regular 24 calendar, Calendar Number 53, and we would 25 like to start out with Calendar Number 274 1 first. We have received messages on a number 2 of bills. We would like to take those up and 3 move them to the other house. 4 ACTING PRESIDENT FUSCHILLO: 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 274, by Senator Cook, Senate Print 2729-A, an 8 act to amend the General Municipal Law, the 9 General City Law, the Town Law and the Village 10 Law. 11 SENATOR KUHL: Is there a 12 message of necessity at the desk? I move we 13 accept the message. 14 ACTING PRESIDENT FUSCHILLO: 15 The motion is to accept the message of 16 necessity. All in favor signify by saying 17 aye. 18 (Response of "Aye".) 19 Nay? 20 (There was no response.) 21 The message is accepted. 22 Read the last section. 23 THE SECRETARY: Section 11. 24 This act shall take effect on the 180th day. 25 ACTING PRESIDENT FUSCHILLO: 1 Call the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT FUSCHILLO: 6 The bill is passed. 7 Senator Kuhl. 8 SENATOR KUHL: Now on the same 9 calendar, call up Calendar Number 1082. 10 ACTING PRESIDENT FUSCHILLO: 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1082, by Senator Goodman, Senate Print 5548-B, 14 an act to amend the Tax Law and the 15 Administrative Code of the city of New York. 16 SENATOR KUHL: Is there a 17 message of necessity at the desk? 18 ACTING PRESIDENT FUSCHILLO: 19 Yes, there is. 20 SENATOR KUHL: I move we accept 21 the message. 22 ACTING PRESIDENT FUSCHILLO: 23 The motion is to accept the message of 24 necessity. All in favor signify by saying 25 aye. 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The motion is approved. 5 The Secretary will read -- read 6 the last section. 7 THE SECRETARY: Section 17. 8 This act shall take effect January 1st, 1999. 9 ACTING PRESIDENT FUSCHILLO: 10 Call the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 61. 14 ACTING PRESIDENT FUSCHILLO: 15 The bill is passed. 16 SENATOR KUHL: On the same 17 calendar now, Mr. President, could we call up 18 Calendar Number 1131. 19 ACTING PRESIDENT FUSCHILLO: 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1131, by Senator Leibell, Senate Print 6642-A, 23 an act to amend the Public Authorities Law, in 24 relation to the power of the state of New 25 York. 1 SENATOR KUHL: Is there a 2 message of necessity at the desk? 3 ACTING PRESIDENT FUSCHILLO: 4 Yes, there is. 5 SENATOR KUHL: I move we accept 6 the message. 7 ACTING PRESIDENT FUSCHILLO: 8 The motion is on the message of necessity. 9 All in favor signify by saying aye. 10 (Response of "Aye".) 11 Opposed, nay. 12 (There was no response.) 13 The motion is approved. 14 Read the last section. 15 THE SECRETARY: Section 5. 16 This act shall take effect immediately. 17 ACTING PRESIDENT FUSCHILLO: 18 Call the roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 61. 22 ACTING PRESIDENT FUSCHILLO: 23 The bill is passed. 24 Senator Kuhl. 25 SENATOR KUHL: Now, Mr. 1 President, may -- on the same calendar, may we 2 call up Calendar Number 1234. 3 ACTING PRESIDENT FUSCHILLO: 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1234, by Senator Leibell, Senate Print 3929-B, 7 an act to amend the Real Property Actions and 8 Proceedings Law. 9 SENATOR KUHL: Is there a 10 message of necessity at the desk? 11 ACTING PRESIDENT FUSCHILLO: 12 Yes, there is. 13 SENATOR KUHL: I move we accept 14 the message. 15 ACTING PRESIDENT MAZIARZ: The 16 motion is to accept the message of necessity. 17 All in favor signify by saying aye. 18 (Response of "Aye".) 19 Opposed, nay. 20 (There was no response.) 21 The ayes have it. 22 Read the last section. 23 SENATOR LEICHTER: Can we have 24 an explanation. 25 ACTING PRESIDENT FUSCHILLO: An 1 explanation has been requested, Senator Kuhl. 2 SENATOR KUHL: Lay that aside 3 temporarily. 4 ACTING PRESIDENT FUSCHILLO: 5 Lay that aside temporarily. 6 SENATOR KUHL: Now may we call 7 up Calendar Number 1303 on the same calendar. 8 ACTING PRESIDENT FUSCHILLO: 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1303, by Senator Stafford, Senate Print 12 7491-A, an act to amend the Tax Law, in 13 relation to the time for certain persons. 14 SENATOR KUHL: Is there a 15 message of necessity at the desk? 16 ACTING PRESIDENT FUSCHILLO: 17 Yes, there is. 18 SENATOR KUHL: I move we accept 19 the message. 20 ACTING PRESIDENT FUSCHILLO: 21 The motion is to accept the message of 22 necessity. All in favor signify by saying 23 aye. 24 (Response of "Aye".) 25 Opposed, nay. 1 (There was no response.) 2 The motion is approved. 3 Read the last section. 4 THE SECRETARY: Section 3. 5 This act shall take effect immediately. 6 ACTING PRESIDENT FUSCHILLO: 7 Call the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 61. 11 ACTING PRESIDENT FUSCHILLO: 12 The bill is passed. 13 Senator Kuhl. 14 SENATOR KUHL: Now, Mr. 15 President, on the supplemental calendar but on 16 the first active list, Calendar Number 678, 17 can we have that called up. 18 ACTING PRESIDENT FUSCHILLO: 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 678, by Senator Nozzolio, Senate Print 5181-A, 22 an act to amend the Correction Law. 23 SENATOR KUHL: Is there a 24 message of necessity at the desk? 25 ACTING PRESIDENT FUSCHILLO: 1 Yes, there is. 2 SENATOR KUHL: I move we accept 3 the message. 4 ACTING PRESIDENT FUSCHILLO: On 5 the motion to accept the message of necessity, 6 all in favor signify by saying aye. 7 (Response of "Aye".) 8 Opposed, nay. 9 (There was no response.) 10 The ayes have it. 11 The motion is approved. 12 Read the last section. 13 SENATOR LEICHTER: Can we have 14 an explanation, please. 15 ACTING PRESIDENT FUSCHILLO: 16 Senator Kuhl, an explanation is requested. 17 SENATOR KUHL: Lay the bill 18 aside. Lay the bill aside. 19 ACTING PRESIDENT FUSCHILLO: 20 Lay the bill aside. 21 Senator Kuhl. 22 SENATOR KUHL: Yes, Mr. 23 President. Now, on the first active list, I 24 would like to take up the controversial 25 reading and we'll start with Calendar Number 1 187, by Senator Johnson. 2 ACTING PRESIDENT FUSCHILLO: 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 187, by member of the Assembly Brodsky, 6 Assembly Print 6754-C, an act to amend the 7 Agriculture and Markets Law, in relation to 8 creating an Advisory Council on Seafood 9 Policy. 10 ACTING PRESIDENT FUSCHILLO: 11 Read the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect immediately. 14 ACTING PRESIDENT FUSCHILLO: 15 Call the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 61. 19 ACTING PRESIDENT FUSCHILLO: 20 The bill is passed. 21 THE SECRETARY: Calendar Number 22 405, by Senator Rath, Senate Print 6013, an 23 act to amend the Public Health Law, in 24 relation to adjusting. 25 ACTING PRESIDENT FUSCHILLO: 1 Read the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect- 4 SENATOR GOLD: Explanation. 5 ACTING PRESIDENT FUSCHILLO: An 6 explanation is requested. 7 Senator Rath, an explanation is 8 requested. 9 SENATOR RATH: Okay. My light 10 wasn't on. There we go. Thank you. Thank 11 you, Mr. President. 12 The bill that's before you is 13 an amendment to a bill that we passed last 14 year for an education program, osteoporosis 15 education program. The bill went through and 16 the Governor requested an adjustment in the 17 board -- or the council, rather, that is to be 18 appointed that will work with the 19 implementation of the legislation to be 20 reflective of the other councils that serve in 21 similar capacities throughout this 22 government. 23 SENATOR GOLD: Mr. President. 24 ACTING PRESIDENT FUSCHILLO: 25 Senator Gold, why do you rise? 1 SENATOR GOLD: Ask Senator Rath 2 a question, but first I want to put on the 3 record, they're making me do it. 4 SENATOR RATH: You know how I 5 feel about debate. 6 ACTING PRESIDENT FUSCHILLO: 7 Senator Rath, do you yield for a question? 8 SENATOR RATH: Of course. 9 SENATOR GOLD: Senator, it's 10 just one simple one. Apparently the way the 11 board is structured now, the Legislature has 12 eight members and the Governor seven and if we 13 pass this the Governor will have eleven and 14 the Legislature four. Is there a reason why? 15 SENATOR RATH: Yeah, there is, 16 Senator Gold. When we put this together, we 17 put it together the way we thought we would 18 like it, Assemblywoman Weinstein and myself, 19 and then it was pointed out to us that the 20 Breast Cancer Detection and Education Program 21 Advisory Council, the Prostate Detection 22 Education Advisory Council, the Health 23 Research Science Board are all made up with 24 the kind of proportion that you see now 25 reflected, not the kind that Assemblywoman 1 Weinstein and I would have put together had we 2 been able to prevail, but we thought that 3 inasmuch as this was pretty typical of these 4 other three boards, that we had ought to 5 acquiesce. 6 SENATOR GOLD: Last section. 7 ACTING PRESIDENT FUSCHILLO: 8 Read the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect immediately. 11 ACTING PRESIDENT FUSCHILLO: 12 Call the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT FUSCHILLO: 17 The bill is passed. 18 Senator Abate. 19 SENATOR ABATE: Yes. I would 20 like unanimous consent to be recorded in the 21 negative on Calendar Number 213. 22 Thank you. 23 ACTING PRESIDENT FUSCHILLO: 24 Without objection. 25 The Secretary will read. 1 THE SECRETARY: In relation to 2 Calendar Number 650, Senator Volker moves to 3 discharge from the Committee on Rules Assembly 4 Bill Number 9252-A and substitute it for the 5 identical Senate Bill 6156-A. 6 ACTING PRESIDENT FUSCHILLO: 7 The substitution is ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 650, the Senate bill is high but the Assembly 11 bill is not, by member of the Assembly Hoyt, 12 Assembly Bill 9252-A, an act to amend the 13 Penal Law, in relation to unlawful acts. 14 ACTING PRESIDENT FUSCHILLO: 15 Read the last section. 16 THE SECRETARY: Section 3. 17 This act shall take effect on the first day of 18 November. 19 ACTING PRESIDENT FUSCHILLO: 20 Call the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT FUSCHILLO: 25 The bill is passed. 1 Senator Oppenheimer. 2 SENATOR OPPENHEIMER: I'm 3 sorry. I seem to be behind in everything. 4 The one that just passed, Calendar 187 -- yeah 5 -- 187 -- yes, I would like to be recorded in 6 the negative, please. 7 SENATOR KUHL: No objection. 8 ACTING PRESIDENT FUSCHILLO: 9 Without objection. 10 SENATOR OPPENHEIMER: 187, 11 Calendar 187. 12 ACTING PRESIDENT FUSCHILLO: 13 Calendar 187? 14 SENATOR OPPENHEIMER: Yeah. 15 ACTING PRESIDENT FUSCHILLO: 16 Calendar 187, Senator Oppenheimer? 17 SENATOR OPPENHEIMER: Yes, 187. 18 ACTING PRESIDENT FUSCHILLO: 19 Without objection. 20 SENATOR DOLLINGER: Mr. 21 President. 22 ACTING PRESIDENT FUSCHILLO: 23 The Secretary will read. 24 ACTING PRESIDENT FUSCHILLO: 25 Mr. President. 1 THE SECRETARY: Calendar 2 Number - 3 ACTING PRESIDENT FUSCHILLO: 4 Senator Dollinger. 5 SENATOR DOLLINGER: I'll wait. 6 Keep going. 7 ACTING PRESIDENT FUSCHILLO: 8 Senator Mendez. 9 SENATOR MENDEZ: I wish to have 10 unanimous consent to be recorded in the 11 negative on Calendar 157. 12 SENATOR KUHL: No objection. 13 ACTING PRESIDENT FUSCHILLO: 14 Without objection. 15 Senator Dollinger. 16 SENATOR DOLLINGER: Mr. 17 President, may I have unanimous consent to be 18 recorded in the negative on Calendar 213. 19 ACTING PRESIDENT FUSCHILLO: 20 Senator Kuhl. 21 SENATOR KUHL: No objection. 22 ACTING PRESIDENT FUSCHILLO: 23 Without objection. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number 1 678, by Senator Nozzolio, Senate Print 5181-A, 2 an act to amend the Correction Law, in 3 relation to state Commission of Correction 4 oversight. 5 ACTING PRESIDENT FUSCHILLO: 6 Read the last section. 7 SENATOR LEICHTER: 8 Explanation. 9 ACTING PRESIDENT FUSCHILLO: 10 Senator Leichter, an explanation -- Senator 11 Nozzolio, an explanation is requested. 12 SENATOR NOZZOLIO: Mr. 13 President, who requested the explanation? 14 ACTING PRESIDENT FUSCHILLO: I 15 believe it was Senator Leichter. 16 SENATOR NOZZOLIO: I find that 17 hard to believe, Mr. President, but I would be 18 glad to explain it for Senator Leichter. 19 Senator Leichter and my 20 colleagues, a few weeks ago we passed a 21 departmental bill which provided the Division 22 for Youth facilities would be under the 23 jurisdiction of the state Commissioner of 24 Corrections for oversight of those 25 facilities. As they become more and more 1 correction-oriented, this seemed to make sense 2 in this body. It passed that legislation. 3 Upon further review, what the 4 legislation did was eliminate the Board of 5 Visitors for the respective institutions 6 across the state and it was the intent of 7 myself and others who believe the Board of 8 Visitors have provided a community 9 oversight/community review process, that to 10 eliminate the Board of Visitors at this time 11 did not make a lot of prudent sense, in my 12 opinion and others. 13 So the bill was recalled and we 14 are now passing the measure, providing the 15 Commission of Corrections with oversight over 16 these facilities yet at the same time ensuring 17 that a local Board of Visitors is maintained 18 so that the -- there may also be that local 19 implant. 20 ACTING PRESIDENT FUSCHILLO: 21 Thank you, Senator Nozzolio. 22 Senator Leichter. 23 SENATOR LEICHTER: If Senator 24 Nozzolio would yield for just a question. 25 ACTING PRESIDENT FUSCHILLO: 1 Senator Nozzolio, will you yield for a 2 question? 3 SENATOR NOZZOLIO: Yes, Mr. 4 President. 5 ACTING PRESIDENT FUSCHILLO: 6 The Senator yields. 7 SENATOR LEICHTER: If I look at 8 Calendar 678 -- I think we're talking about 9 the same bill -- that -- as I read it, it 10 gives to the Department of Corrections 11 oversight over limited secure facilities 12 operated by the state Division for Youth, 13 right? 14 SENATOR NOZZOLIO: That's 15 correct, Mr. President. 16 ACTING PRESIDENT FUSCHILLO: 17 Thank you, Senator Nozzolio. 18 SENATOR LEICHTER: My question, 19 if you'll yield to another one is really - 20 ACTING PRESIDENT FUSCHILLO: 21 Senator Nozzolio, will you continue to yield? 22 SENATOR NOZZOLIO: I would be 23 happy to yield to Senator Leichter, Mr. 24 President. 25 ACTING PRESIDENT FUSCHILLO: 1 The Senator yields. 2 SENATOR LEICHTER: The reasons 3 for that shift -- I don't see anything in 4 there about the Board of Visitors. Maybe 5 that's something that's carried over on the 6 bill, but that's really not our concern. My 7 concern is whether the operation of these 8 facilities by the Division for Youth has given 9 rise to the need to transfer the jurisdiction 10 or the oversight to the Department of 11 Corrections; in other words, why are we doing 12 this? 13 SENATOR NOZZOLIO: In essence 14 we're doing this again, Senator, as we passed 15 this measure already this session with the 16 exception of the first measure, eliminating 17 the Board of Visitors. This measure does not, 18 but the -- as the level is currently, there is 19 no executive level agency to provide oversight 20 regulatory functions for these residential 21 institutions with the exception of secure 22 facilities. The absence of oversight may 23 create the impression that there's 24 insufficient checks and balances in the 25 system. The Commission -- state Commission of 1 Corrections has a wide range of authority that 2 this Legislature has given them but most 3 importantly they have the authority to visit, 4 to inspect, to appraise the management of 5 these facilities. 6 So that's the reason, Mr. 7 President, that we are pushing this particular 8 oversight at this time. 9 ACTING PRESIDENT FUSCHILLO: 10 Thank you, Senator Nozzolio. 11 Read the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect in 120 days. 14 ACTING PRESIDENT FUSCHILLO: 15 Call the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 61. 19 ACTING PRESIDENT FUSCHILLO: 20 The bill is passed. 21 Senator Mendez, why do you 22 rise? 23 SENATOR MENDEZ: Mr. President, 24 earlier when I requested unanimous consent to 25 be recorded in the negative, I gave the wrong 1 calendar number. I wish to be recorded in the 2 negative on Calendar Number 213 and in the 3 positive in 157. 4 ACTING PRESIDENT FUSCHILLO: So 5 ordered. 6 SENATOR MENDEZ: Thank you. 7 ACTING PRESIDENT FUSCHILLO: 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 685, by Senator Nozzolio, Senate Print 7113-A, 11 an act to amend the Correction Law and the 12 Public Health Law. 13 ACTING PRESIDENT FUSCHILLO: 14 Read the last section. 15 SENATOR LEICHTER: Explanation. 16 ACTING PRESIDENT FUSCHILLO: 17 Senator Nozzolio, Senator Leichter has 18 requested an explanation. 19 SENATOR NOZZOLIO: Yes, Mr. 20 President. 21 This measure recognizes our 22 responsibilities to those law enforcement 23 officers who work in our correctional 24 facilities, that we believe they are dealing 25 with increasingly violent inmates and that the 1 incidence of transmissible diseases, such as 2 HIV, hepatitis and tuberculosis, within the 3 population our correctional personnel has 4 attempted to manage have increased 5 dramatically over these past few years. 6 What this measure before us 7 does is amend the Correction Law, the Family 8 Court Act and the Public Health Law to allow 9 for testing of such transmissible diseases and 10 the disclosure of test results to both the 11 employee and the inmate respondent 12 exclusively. 13 The need for this is obvious, 14 that as there are altercations in prison, our 15 correction officers and other correctional 16 personnel are asked to quell those 17 disturbances. Oftentimes violence erupts in a 18 prison and we're asking people to stop that 19 violence. With the stoppage of that violence 20 may be the result of injury and at the very 21 least close personal contact. 22 Unfortunately those who are in 23 close personal contact with known carriers or 24 unknown carriers of HIV and hepatitis must 25 live with that burden for an extended period 1 of time. They do not know if they were 2 exposed to an inmate's blood or other bodily 3 substances which may, in fact, be carriers of 4 HIV or tuberculosis or other -- hepatitis, 5 other very serious diseases. 6 So what we're saying in this 7 legislation is simply that when there is an 8 altercation in prison, that the inmate 9 responsible for that altercation or within 10 that altercation purview is tested and that 11 those test results are -- will be available to 12 the correction officer or officers who were 13 part of that particular incident. 14 This is not to implement an 15 indiscriminate testing of inmates. Testing 16 can only be mandated by a court after the 17 inmate has been involved in an incident where 18 bodily fluids have been in some way or 19 capacity transferred. 20 The purpose of this legislation 21 is obvious. It's to protect the public 22 employees who are engaged in a very dangerous 23 activity under the best of circumstances. 24 Thank you, Mr. President. 25 ACTING PRESIDENT FUSCHILLO: 1 Thank you, Senator Nozzolio. 2 Senator Leichter. 3 SENATOR LEICHTER: If Senator 4 Nozzolio will yield. 5 SENATOR NOZZOLIO: Yes, Mr. 6 President. I will be happy to yield. 7 ACTING PRESIDENT FUSCHILLO: 8 Senator Nozzolio, will you yield for a 9 question? 10 SENATOR LEICHTER: Senator, I 11 do see in this bill that you've certainly 12 tried to provide due process safeguards. 13 Let me just ask you, you talk 14 about exposure to blood and then you say "or 15 significant risk body substance as defined in 16 10 NYCRR." Do you know what those significant 17 risk body substances are, what do they 18 include? 19 SENATOR NOZZOLIO: What we're 20 talking about is HIV. 21 SENATOR LEICHTER: What 22 particular bodily substances? Are we talking 23 about saliva? Are we talking about urine? 24 SENATOR NOZZOLIO: Yes, Mr. 25 President. We did this in another measure 1 that we had before this house. I cannot 2 recall all, but they are those that Franz just 3 mentioned, urine, feces, blood, saliva. 4 SENATOR LEICHTER: Okay. 5 ACTING PRESIDENT FUSCHILLO: 6 Senator Leichter. Do you have another 7 question, Senator Leichter? 8 SENATOR LEICHTER: Well, I'm 9 somewhat stymied not getting an answer to this 10 question. I guess the other question I have 11 to you, Senator, but I guess it's really - 12 ACTING PRESIDENT FUSCHILLO: Do 13 you continue to yield? 14 SENATOR NOZZOLIO: Yes, Mr. 15 President. I would be happy to yield. 16 SENATOR LEICHTER: It's more in 17 the nature of an argument. I mean, you say 18 that this is for the protection of correction 19 officers. Certainly I join you in that and I 20 think every member here does, indeed. This 21 protects correction officers and maybe certain 22 transmittable disease, it may. I know that 23 this bill, as so many of the similar bills 24 we've seen, is really directed to HIV and 25 there, as we know, testing the transmitter of 1 the disease is really no safeguard to the 2 person who may have contacted the disease 3 because really the only safe thing to do is to 4 test the person who has contact, either the 5 person who has been in contact and who may 6 have developed the disease or has become 7 HIV-positive. 8 Therefore, I just wondered 9 whether you would address how that will 10 protect that person that you and I both want 11 to protect. 12 SENATOR NOZZOLIO: Mr. 13 President, I would be happy to respond to that 14 question. 15 When these incidents occur, it 16 is not often clear how long an HIV antibody 17 may evidence itself in an individual. While 18 we're waiting for that antibody to grow, time 19 is wasting and as that time wastes, the 20 ability of the correction officer injured in 21 this melee may have been precluded from taking 22 some new drugs - 23 ACTING PRESIDENT FUSCHILLO: 24 Excuse me, Senator Nozzolio. 25 Senator Kuhl, why do you rise? 1 SENATOR KUHL: Thank you, Mr. 2 President. 3 I apologize for interrupting, 4 but we do have a 5:00 o'clock deadline with 5 closure this afternoon and in an attempt to 6 try to move along, we would like to call an 7 immediate meeting of the Rules Committee in 8 Room 332, the Majority Conference Room. 9 ACTING PRESIDENT FUSCHILLO: 10 Immediate meeting of the Rules Committee, 11 Majority Conference Room, 332. 12 Thank you, Senator Kuhl. 13 Senator Nozzolio. 14 SENATOR NOZZOLIO: Yes, Mr. 15 President. 16 Thank you. 17 ACTING PRESIDENT FUSCHILLO: 18 Senator Nozzolio. 19 SENATOR NOZZOLIO: As new drugs 20 are being discovered every day effective in 21 combatting HIV and other diseases like 22 tuberculosis and hepatitis, that oftentimes 23 catching these diseases very quickly certainly 24 will aid in their elimination and 25 eradication. 1 What we are concerned with is a 2 long period of time where an individual, the 3 burden of proof then becomes a burden -- the 4 burden comes on the individual correction 5 officer. He must test himself as opposed to 6 having the knowledge that an inmate, in fact, 7 is carrying -- could be carrying one of these 8 maladies. 9 So time is of the essence, 10 Senator Leichter, in discovering whether or 11 not you have been exposed. It certainly is an 12 anxious situation for -- you ask how does this 13 protect. It provides -- Senator Leichter, 14 you're one that really has been an advocate 15 for open government, for openness and knowing 16 -- the public's right to know, what public 17 has a better right to know whether they have 18 -- than those who have been exposed in the 19 line of duty in protecting the taxpayers of 20 this state that have been exposed to something 21 that could hurt them, harm them, if not kill 22 them? 23 So that, Senator, is how I 24 believe this rapid testing and information 25 flow will help our correctional personnel in 1 New York. 2 ACTING PRESIDENT FUSCHILLO: 3 Thank you, Senator Nozzolio. 4 Senator Leichter. 5 SENATOR LEICHTER: Mr. 6 President, because the hour is late, let me 7 just briefly comment on the bill. 8 Thank you, Senator Nozzolio. 9 ACTING PRESIDENT FUSCHILLO: 10 Senator Leichter, on the bill. 11 SENATOR LEICHTER: With all due 12 respect, Senator, your answer, I must say, 13 didn't show how you protect the correction 14 officer. On the contrary, this is a very 15 cumbersome procedure that you've set up which 16 requires court proceeding, and so on, and 17 nothing would be more harmful for the 18 correction officer to be told to wait the 19 outcome of this whole process. 20 My point is that if you want to 21 protect the correction officer if there has 22 been an exchange of dangerous fluids, of 23 fluids that conceivably could create disease, 24 then the correction officer has to be tested. 25 You don't test the person who may have 1 transmitted the disease. Test the correction 2 officer. You're absolutely right. You want 3 to intervene quickly but you certainly don't 4 want to wait while you go through the process 5 of testing the person who may have transmitted 6 the disease and as we know with HIV and with 7 some of the uncertainty of testing, that 8 person could conceivably test negative and, in 9 fact, have transmitted the disease. This 10 doesn't help the correction officer. 11 What helps the correction 12 officer is if he has been in contact with an 13 inmate in such a fashion or manner that he may 14 have been infected with a disease, then test 15 the correction officer. 16 ACTING PRESIDENT FUSCHILLO: 17 The Secretary -- read the last section. 18 SENATOR WALDON: No. Wait a 19 minute. 20 ACTING PRESIDENT FUSCHILLO: 21 Senator Waldon. 22 SENATOR WALDON: Thank you, Mr. 23 President. 24 Will the gentleman yield for a 25 question or two? 1 ACTING PRESIDENT FUSCHILLO: 2 Senator Nozzolio, will you yield to a 3 question? 4 SENATOR NOZZOLIO: Yes, Mr. 5 President. 6 ACTING PRESIDENT FUSCHILLO: 7 The Senator yields. 8 SENATOR WALDON: Senator 9 Nozzolio, if I may ask you to amplify the 10 circumstances under which the correction 11 officer may be exposed -- and let me give you 12 a hypothetical so we can both be on the same 13 page. 14 The inmate hurls the substance, 15 let's say bodily fluids at the correction 16 officer. It does not strike the correction 17 officer in his eyes, does not go up his nose 18 and he has no open cuts. How would the 19 officer be susceptible to contracting anything 20 that was being carried by the hurler of this 21 fluid under those circumstances? 22 SENATOR NOZZOLIO: The measure, 23 Mr. President, before us sets forth a 24 procedure where the correction officer, 25 correctional personnel can make a request that 1 along with the incident report, not just a 2 simple oral request but the incident report 3 should be also accompanying this and it then 4 is filed with the court. The court then, upon 5 hearing of the application within an expedited 6 process -- it's not to list on a calendar. 7 It's an expedited request, expedited review of 8 the application -- it is then determined if 9 sufficient evidence exists, that it indicates 10 an exposure occurred and whether testing the 11 inmate shall be the only means by which an 12 employee can obtain that information, that we 13 are putting this in the hands of an arbitrator 14 and this arbitrator then decides whether a 15 hearing should be held and whether an order to 16 administer the test of the inmate then ensue, 17 and again, this is an expedited process, that 18 there is a sense that we -- a showing must be 19 forthcoming, that there was a clear and 20 present danger, that the incident could very 21 well result in an exposure to a transmissible 22 disease through bodily fluid, through -- it's 23 just not an arbitrary or a de minimus test. 24 There is a test and that that test is assessed 25 by an impartial arbitrator, that then if the 1 arbitrator agrees, the court agrees, then the 2 inmate would be ordered for those specific 3 testing procedures. 4 SENATOR WALDON: Mr. President, 5 through you, if I may continue. 6 ACTING PRESIDENT FUSCHILLO: 7 Senator Nozzolio, do you continue to yield? 8 SENATOR NOZZOLIO: Yes, Mr. 9 President. 10 SENATOR WALDON: Mr. President, 11 would the Senator continue to yield? 12 ACTING PRESIDENT FUSCHILLO: 13 Senator Nozzolio? 14 SENATOR NOZZOLIO: Yes, Mr. 15 President. 16 SENATOR WALDON: Senator 17 Nozzolio, I want the correction officers to 18 check this, that's the fact, this is not 19 something that you cannot find, or I'm stating 20 to you absolutely unequivocally, I support 21 effective correction. 22 Would we not be better served 23 if what we're proposing to require immediately 24 upon making the correction officers -- that 25 immediately the correction officer is tested, 1 is cleansed, is given whatever injections that 2 might immunize him or her in futuro from that 3 moment in time on against this particular 4 potential danger, and wouldn't we be better 5 served if the correction officer immediately 6 following the incident, not 24 hours later, 7 not a week later when the incident report and 8 the accompanying requests are filed, not a 9 month later when the arbiter closes the 10 hearing but immediately thereafter, all of the 11 medical, pharmacological steps which would 12 ensure the safety of this officer are taken as 13 opposed to going through this process? 14 Wouldn't DOCS be better served; wouldn't the 15 officers be better served and, in turn, later 16 on perhaps even the inmates be better served? 17 SENATOR NOZZOLIO: Mr. 18 President, in responding to the question, I 19 think it's a good question, then we do not 20 preclude an employee to test -- to go for 21 testing themselves, from electing to undergo 22 those tests, that certainly is the question, a 23 question better raised by the medical care 24 giver, the physician, the correctional 25 personnel, but what we -- and we also believe, 1 and what this legislation indicates, that the 2 cost of that testing should be borne 3 appropriately by the state. However, one of 4 the things that needs to be emphasized is that 5 exposure may not show a test result. The test 6 result may not be indicated within a short 7 period of time, whether the individual who was 8 exposed did, in fact, contract one of the - 9 particularly with HIV, with a long incubation 10 period -- contracted that disease. 11 We're talking about peace of 12 mind here too. Think of yourself as that 13 correctional personnel, Senator Waldon, who 14 has a spouse. Think of the anguish that that 15 spouse will go through for months, months, 16 waiting to know whether her spouse or his 17 spouse developed the antibodies for HIV. 18 In fact, if we can require the 19 testing of an inmate immediately, at least you 20 would know, at least part of it. If the 21 inmate was negative, in fact, that may develop 22 some peace of mind. 23 Also more importantly, the 24 possibility of knowing exposure could also 25 ignite the treatments that would be necessary 1 right from the get-go and science is changing 2 every day on this issue, that they may exhibit 3 the ability to say yes, you have been exposed 4 to an HIV positive, then you should undergo 5 this particular treatment now. Don't wait 6 until you display those antibodies. 7 That treatment could be costly; 8 it could be onerous, and I think that we need 9 to have that information, the correction 10 officers are owed at least that. 11 SENATOR WALDON: Mr. President, 12 on the bill. Thanks, Senator Nozzolio. 13 ACTING PRESIDENT FUSCHILLO: 14 Senator Waldon, on the bill. 15 SENATOR WALDON: You have -- I 16 think you've made a very substantive argument. 17 I'm going to support what you've proposed. 18 Because of the fact that this is a virulent 19 disease, not only would the officer be subject 20 to contracting HIV if exposed in an 21 appropriate fashion, but if this is a 22 promiscuous inmate, then others in the prison 23 facility may be exposed. 24 You don't like to address those 25 things necessarily openly, but it does 1 happen. However, I think that in the future, 2 if we would require or suggest that a 3 mechanism be in place paid for also by DOCS, 4 that would immediately test the officer and 5 immunize the officer's -- as best as can be 6 done under our current technologies and 7 knowledge on this issue, that we would be 8 taking an equally important step in terms of 9 reining in this very virulent disease, and I 10 would encourage my colleagues to support this 11 measure. 12 I think this is one of those 13 exceptions whereby testing might prove very 14 beneficial and have a salutory effect on this 15 thing called HIV. 16 Thank you very much, Senator 17 Nozzolio. Thank you, Mr. President. 18 ACTING PRESIDENT FUSCHILLO: 19 Senator Hoffmann. 20 SENATOR HOFFMANN: Thank you, 21 Mr. President. I'm aware that many people 22 think that this is an important step in 23 dealing with the problem of potential AIDS 24 exposure within the correctional facilities 25 and I know that Senator Nozzolio has been 1 working a long time on this. 2 I really feel compelled to 3 establish on the record today that there is 4 another approach which some of us have been 5 promoting for some time and one which members 6 of the correctional employee work family have 7 been advocating for, and I think it's 8 important just to let the record reflect that 9 some of us are disappointed that we don't have 10 that bill or a similar bill before us at this 11 time to vote on, and that this is a well 12 intentioned but somewhat imperfect way of 13 addressing a very serious problem within our 14 prison system. 15 Senator Nozzolio has explained 16 very well the kind of anxiety and personal 17 turmoil that a correctional employee and his 18 or her spouse faces with the risk of potential 19 exposure and there is only one way to 20 determine how much exposure has actually taken 21 place, and that is to know in advance the HIV 22 status of the inmate. 23 Regrettably, the Department of 24 Corrections in the state of New York has taken 25 a head-in-the-sand attitude on the subject of 1 HIV testing for inmates. It has said, through 2 this administration and the previous 3 administration, that they would rather not 4 test all of the inmates in the correctional 5 system as is done in many other states -- many 6 other large states with large populations of 7 inmates. Routine testing is done upon 8 admission and is done on a follow-up basis 9 after the fact over the duration of the 10 inmate's period of incarceration. 11 There are good sound reasons 12 for doing this. In the first place, that is 13 the only way the inmate can be assured of 14 getting treatment for what can be a deadly 15 disease, but if identified early and treated 16 responsibly, can allow an individual, whether 17 incarcerated or not, to live a relatively 18 healthy life. 19 We, as a state, should make 20 that a goal for the inmate population which 21 now numbers some 69,000 people, I believe. Is 22 that correct, Senator? 69,000, almost 70,000 23 inmates in the state of New York. 24 The correction employees who 25 fear that they have been exposed either by 1 urine, feces or blood in connection with an 2 inmate -- and frequently inmates will attack 3 employees or throw these body substances at 4 correctional employees; this is not an unusual 5 circumstance -- but when that happens, under 6 Senator Nozzolio's bill, it would require a 7 hearing for the employee to then request that 8 a test be administered of the inmate so that 9 the employee would know whether or not he or 10 she should take a prophylactic system of drugs 11 -- series of drugs, often referred to as a 12 "cocktail", in order to reduce the risk of 13 contracting the HIV virus through this 14 exposure. 15 There is a very big problem 16 with that process as outlined under the bill 17 before us, and I will support the bill, but I 18 want to make sure everyone in this chamber 19 understands, and I hope feels guilty that we 20 are not doing what is really necessary here. 21 We should not be led by the DOCS policy that 22 says they don't want to know because they 23 don't want to have to treat inmates, and they 24 don't want to be bothered with this problem. 25 They have enough to deal with because of the 1 large number of inmates in all overcrowded 2 facilities, but it's up to us, the legislative 3 branch of this state, to come up with the laws 4 that force them to behave responsibly. 5 Under this measure that Senator 6 Nozzolio has worked so hard on, once that 7 correctional employee feels he or she has been 8 the victim of exposure to HIV, suspects they 9 might have and they then have to enact this 10 hearing process, there is a time delay. The 11 process that they must go through requires 12 them to wait at least 24 hours to go through 13 this hearing, and there is evidence to 14 indicate that that "cocktail" needs to be 15 administered immediately in order to be 16 effective, so the agony of that individual who 17 feels that he or she has been exposed, and his 18 or her family, begins from that moment that 19 they come in contact with any of those bodily 20 fluids and extends for months and sometimes 21 years until they have absolute certainty upon 22 repeated testing that there has been no 23 exposure and no contamination by the HIV 24 virus. 25 We have attempted in this state 1 to establish a standard of employment and 2 establish a standard of behavior and high 3 level of professionalism within our 4 correctional employees, and we have succeeded 5 to a large extent. Our correction officers in 6 the state of New York are hard working, well 7 educated men and women that bear no 8 relationship at all to the prison guards of 9 the Jimmy Cagney movies. They should be 10 treated with dignity, and we should allow them 11 that peace of mind that would come with a 12 mandatory HIV testing bill for all inmates. 13 Upon exposure, an employee of a 14 correctional system should be able to go to a 15 superintendent or the primary health officer 16 of that facility and be able to receive 17 immediate assurance that that individual 18 inmate who perpetuated the potential exposure 19 was, in fact, HIV negative. There are clear 20 guidelines on confidentiality already in place 21 that would govern the way this information is 22 handled by all people within the prison 23 system. There are clear guidelines in the 24 medical community as to how treatment must 25 begin and the timing of such treatment in the 1 event of actual exposure. 2 It is time for us as a 3 Legislature to deal with the reality of those 4 clear guidelines and that medical information 5 and bring them into harmony with the reality 6 of this terrible risk. 7 So I will support Senator 8 Nozzolio's measure today, but I will continue 9 to push for passage of S.3903 which -- in 10 several versions I have introduced since I 11 believe 1993 or '-4, following some very, very 12 serious problems in the Mohawk Valley at some 13 correctional facilities which I -- I'm proud 14 to represent. 15 On behalf of the employees of 16 those facilities who have requested me to 17 speak today about their frustration with this 18 process, I urge all of my colleagues, and I 19 specifically urge the esteemed chairman of the 20 Crime and Corrections Committee in this house 21 to take another look at this issue and let's 22 see if we can work with the other house, see 23 if we can work with the Governor's office and 24 most important of all, let's see if we can 25 tell the Department of Corrections that we 1 want to do something that is more meaningful, 2 will provide more protection and will provide 3 appropriate and responsive treatment for 4 inmates as well as for correctional employees 5 where the issue of AIDS and HIV is concerned. 6 ACTING PRESIDENT FUSCHILLO: 7 Thanks, Senator Hoffmann. 8 Senator Abate. 9 SENATOR ABATE: Yes. Would 10 Senator Nozzolio yield to a couple questions? 11 ACTING PRESIDENT FUSCHILLO: 12 Senator Nozzolio, will you yield to a couple 13 questions? 14 SENATOR NOZZOLIO: Yes, Mr. 15 President. 16 ACTING PRESIDENT FUSCHILLO: 17 Thanks. Senator yields. 18 SENATOR ABATE: Senator, what 19 is the position of DOCS on this bill? Is this 20 a DOCS program bill? 21 SENATOR NOZZOLIO: It is not. 22 It is not. I'm not sure what their position 23 is. 24 SENATOR ABATE: And in terms of 25 the AIDS Advisory Council, have they taken a 1 position on this bill? 2 SENATOR NOZZOLIO: Yes, they 3 have. 4 SENATOR ABATE: What is that 5 position? 6 SENATOR NOZZOLIO: I understand 7 they support it. 8 SENATOR ABATE: They're in 9 support. 10 SENATOR NOZZOLIO: I understand 11 they support it. I don't have anything in 12 front of me to verify that. 13 SENATOR ABATE: And just let me 14 clarify, have the AIDS Advisory Council, have 15 they in the past -- have you been able to 16 overcome their objections? 17 SENATOR NOZZOLIO: Yes, Senator 18 Abate. Yes, the AIDS Council's principles on 19 HIV testing of employees in this bill, I'm not 20 sure they have weighed in, but the principles 21 have in the drafting of the legislation. 22 SENATOR ABATE: Am I correct - 23 Mr. President, could I continue? 24 ACTING PRESIDENT FUSCHILLO: 25 You continue to yield? 1 SENATOR NOZZOLIO: Yes, Mr. 2 President. 3 SENATOR ABATE: It's my 4 understanding that the three principles of the 5 AIDS Advisory Council have been concerned 6 about the past, I believe, are included in 7 this bill, and could I just go through it? 8 One that there's significant 9 risk of exposure and transmission of AIDS to 10 the correction officer, whether that's through 11 blood or bodily fluid, that there be a process 12 of a hearing and due process, that's all 13 covered within this bill; and third, there be 14 medical benefit to the employee, which means 15 that testing of the inmate does not provide 16 medical benefit whereas only testing of the 17 employee, that the judge might say that this 18 was not required; is that correct? 19 SENATOR NOZZOLIO: As I 20 understand it, yes, Mr. President, Senator 21 Abate is correct. 22 SENATOR ABATE: All right. 23 Thank you. 24 ACTING PRESIDENT FUSCHILLO: 25 Read the last section. 1 THE SECRETARY: Section 3. 2 This act shall take effect on the 30th day. 3 ACTING PRESIDENT FUSCHILLO: 4 Senator Nozzolio, to explain your vote. 5 SENATOR NOZZOLIO: Yes, Mr. 6 President. Thank you for the opportunity to 7 explain my vote. 8 I certainly congratulate my 9 colleagues for supporting this measure. I 10 believe it's extremely important for the 11 protection of our correction officers. 12 I'd also like to add, though, 13 that I would agree with those that have 14 suggested this measure go farther than I, as 15 the author or the Assembly sponsor have, to 16 require testing of all inmates. Unfortun 17 ately though, our problem in getting this law 18 established is not the Department of 19 Corrections, although I agree they have not 20 been extremely supportive if at all supportive 21 of that policy. 22 Our problem is with the New 23 York State Assembly. Let's just go down the 24 hall and look at those who are not supporting 25 this measure, let alone a measure that is more 1 comprehensive. I support a more comprehensive, 2 a more uniform process of testing inmates for 3 contagious diseases. Unfortunately, the New 4 York State Assembly Majority Democrats will 5 not support that measure. I think it's 6 unfortunate. I wish they would. I think we'd 7 have a better law and better policy as a 8 result if they did. 9 Mr. President, thank you. I 10 vote aye. 11 ACTING PRESIDENT FUSCHILLO: 12 Call the roll. 13 (The Secretary called the 14 roll. ) 15 THE SECRETARY: Ayes 60, nays 16 one, Senator Leichter recorded in the 17 negative. 18 ACTING PRESIDENT FUSCHILLO: 19 The bill is passed. 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 954, by Senator Velella, Senate Print 3632-A, 23 an act to amend the Education Law, in relation 24 to establishing an additional criteria for 25 library systems. 1 ACTING PRESIDENT FUSCHILLO: 2 Read the last section. 3 SENATOR MONTGOMERY: 4 Explanation. 5 SENATOR KUHL: Mr. President. 6 ACTING PRESIDENT FUSCHILLO: 7 Senator Kuhl, yes. 8 SENATOR KUHL: Just before me 9 -- might we have a little order in the 10 house. 11 ACTING PRESIDENT FUSCHILLO: 12 Yes, the members take their seats, staff find 13 their seats. 14 SENATOR KUHL: For the benefit 15 of the members, we are on the controversial 16 portion of the first active list, we intend to 17 go to the active portion of the second active 18 list that will soon be at the desk from the 19 Rules Committee, at the desks. 20 For those people who have bills 21 on the calendar, we would suggest to the 22 members that they be here to debate their 23 bills because if they are not there is a 24 strong likelihood that the bill will not be 25 called up again, and that to meet with the 1 5:00 o'clock conclusion, their bill will be 2 lost, so I would strongly suggest to those 3 members who have had their bills laid aside, I 4 would strongly suggest that they be in the 5 chamber when their bills are called up. 6 So with that, would you 7 recognize Senator Velella for an explanation 8 of his bill. 9 ACTING PRESIDENT FUSCHILLO: 10 Thank you, Senator Kuhl. 11 Senator Velella. 12 SENATOR VELELLA: Thank you, 13 Mr. President. 14 This is a library bill that 15 would require, in order to qualify for state 16 aid, you would have a plan of library service 17 with conjunction with the Commissioner's 18 regulation that you file a procedure which 19 would include a detailed guideline for 20 libraries which would include restricting 21 minors from access to obscene material 22 including any computers available for public 23 use. 24 This is as a result of a 25 problem that occurred in my district through 1 the Rochelle -- New Rochelle library system 2 where minors were gaining access through the 3 computers in the library to some pornographic 4 material and, at the request of some of the 5 local people, we looked into this and it looks 6 like a good proposal that we ought to require 7 that there be a procedure that libraries can 8 recommend to prevent this from happening. 9 SENATOR KUHL: Read the last 10 section. 11 ACTING PRESIDENT FUSCHILLO: 12 Senator Montgomery. 13 SENATOR MONTGOMERY: Yes, if 14 the sponsor would yield for a question. 15 SENATOR VELELLA: Certainly. 16 ACTING PRESIDENT FUSCHILLO: 17 Senator Velella, do you yield? 18 SENATOR MONTGOMERY: Senator 19 Velella, you talk about restricting certain 20 information in the library and that the system 21 itself has to somehow develop this mechanism 22 of creating these restrictions. 23 Is this -- it sounds to me like 24 this might be one of those unfunded mandates 25 that we talk about that you're now putting 1 that kind of burden? It seems to me that's 2 going be a tremendous cost to the system and 3 how are they to achieve that without any - 4 your bill doesn't say that you're going to pay 5 for them. 6 SENATOR VELELLA: Well, 7 Senator, not everything in this world requires 8 money. Some creative thinking and dedication 9 for people who file library reports and the 10 operation of a library as to how they would 11 operate a library, are required now by law. 12 They must follow this process that they would 13 use and these guidelines that they use with 14 the state. This would merely require that 15 they spend a little time and think about how 16 best they might prevent minors from now 17 gaining access on the Internet which is now 18 available in libraries. 19 It would be -- and again, I'm 20 not an expert on computers, I'm totally 21 illiterate in terms of computers and some 22 things in general knowledge, but however, it 23 could be as simple as someone being able to 24 watch when minors are on the machine, to 25 dictate -- to watch what they're doing or 1 could be as complex as a program that might be 2 installed. It doesn't mandate to what degree; 3 it just says it should be recognized and the 4 best possible system should be in place to 5 prevent minors from gaining access to 6 offensive materials as defined in the law. 7 It's not just vague, it's -- you know, 8 whatever would be obscene under the law. 9 SENATOR MONTGOMERY: Mr. 10 President, if Senator Velella would continue 11 to yield. 12 ACTING PRESIDENT FUSCHILLO: 13 Senator Velella, do you continue to yield? 14 SENATOR VELELLA: Sure. 15 ACTING PRESIDENT FUSCHILLO: 16 Senator continues to yield. 17 SENATOR MONTGOMERY: Now, when 18 you say restrict access, are there any other 19 ways that you possibly could consider 20 restricting as opposed to having a librarian 21 stand there and watch a kid on the Internet or 22 somehow restricting access to Internet 23 entirely? 24 SENATOR VELELLA: Senator, I 25 wouldn't presume to tell librarians how to run 1 their system. What I am saying is, it ought 2 to be the public policy of this state that 3 every library that has computers and has 4 access to the Internet ought to have some 5 procedure to safeguard against our young 6 children gaining access to obscene materials, 7 and that is why I don't put -- that is why I 8 don't put a very detailed mandate on them. 9 I just say this should be the 10 policy of the state. We ask you to include 11 this in your plan when you file it with the 12 state and whatever they think, in their own 13 judgment, is adequate I would hope that most 14 of the librarians and most of the people that 15 file these plans don't really want children 16 gaining access to this kind of material so 17 they would do a good deliberative job on it. 18 SENATOR MONTGOMERY: And I'm 19 just wondering if your bill seems to require 20 that they would be required to do that in 21 order to receive state funding. 22 SENATOR VELELLA: Yes. 23 SENATOR MONTGOMERY: So any 24 system that is not at the point that the law 25 goes into effect, that is not -- does not have 1 the capacity of that term to do whatever is 2 required in order to meet the law would then 3 not have access to state funding, is that what 4 would happen essentially? In other words, this 5 is a trigger of state funding? 6 SENATOR VELELLA: No, that 7 would not be what would happen. 8 SENATOR MONTGOMERY: Could you 9 tell us then what would happen? 10 SENATOR VELELLA: What would 11 happen is, if you file some plan in order to 12 get your state funding you should include, 13 among other things in the law, a process by 14 which you would restrict access to children to 15 pornographic materials and as long as you have 16 something reasonably in there that can be 17 reasonably construed as a plan, it would be up 18 to the individual library system, and there 19 are other things they need to put in there 20 that make a plan. 21 It's important in our view for 22 the libraries that they recognize this as a 23 problem. It's something that many people may 24 not recognize, because we're just getting into 25 this computer stage. They have various 1 systems that have plans that are just reviewed 2 each year; this is something new coming up. 3 It's something we just want them to know that 4 it should be included in the plan. It's as 5 simple or as complex as they might want to 6 make it. 7 SENATOR MONTGOMERY: All 8 right. Thank you, Senator Velella, for that 9 explanation. 10 SENATOR VELELLA: You're 11 welcome. 12 SENATOR MONTGOMERY: Just as a 13 caution, I would say on the bill, it's 14 certainly nothing -- something that I would 15 say anyone in here and citizens in general 16 would agree with Senator Velella that we would 17 not want to see certain kinds of information 18 available to very young people, young children 19 in our state. 20 But at the same time, I think 21 we don't want to go too far and say that our 22 library systems and information systems are - 23 and indeed the schools are going to have to 24 absorb the burden of coming up with some sort 25 of sophisticated system of keeping that 1 information from certain people while allowing 2 others based on the constitutional right to 3 have access to it, and -- and indeed having 4 school systems required in their library 5 systems to come up with this kind of a 6 sophisticated access blockage without 7 providing for funding, and further making it 8 part of the requirement in order for them to 9 receive funding from the state that they must 10 have this in place. 11 So I think this goes, you know, 12 it's -- the intent is admirable. It's 13 correct, we do want to see this. I think, in 14 fact, New York City, the library system 15 certainly in Brooklyn as people have talked to 16 me, they are trying to institute such a 17 mechanism, but I think we don't want to make 18 it part of their funding requirements that 19 they have it in place before they are able to 20 come up with a system on their own. 21 So I would -- I would advise my 22 colleagues to vote no on this legislation 23 because we don't want to send a message that 24 if you don't -- if you haven't already been 25 able to invest in this kind of program, you 1 can't receive funding. 2 Thank you. 3 ACTING PRESIDENT FUSCHILLO: 4 Thank you, Senator Montgomery. 5 Read the last section. 6 THE SECRETARY: Section 2. 7 This act shall take effect immediately. 8 ACTING PRESIDENT FUSCHILLO: 9 Call the roll. 10 (The Secretary called the 11 roll. ) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT FUSCHILLO: 14 The bill is passed. 15 Secretary will read. 16 THE SECRETARY: Excuse me. On 17 Calendar Number 954, Senators Montgomery and 18 Paterson recorded in the negative. Ayes 59, 19 nays 2. 20 ACTING PRESIDENT FUSCHILLO: 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 1082, by Senator Goodman, Senate Print 5548-A, 24 an act to amend the Tax Law, the Labor Law, 25 and the Administrative Code of the city of New 1 York. 2 SENATOR KUHL: Lay the bill 3 aside. 4 ACTING PRESIDENT FUSCHILLO: 5 Read the last section. 6 SENATOR KUHL: Lay the bill 7 aside temporarily. 8 THE SECRETARY: Calendar Number 9 1345, by Senator Fuschillo, Senate Print 7579, 10 an act to amend the Vehicle and Traffic Law, 11 in relation to criminal history checks on 12 school bus attendants. 13 ACTING PRESIDENT FUSCHILLO: 14 Read the last section. 15 THE SECRETARY: Section 2. 16 This act shall take effect on the 90th day. 17 ACTING PRESIDENT FUSCHILLO: 18 Call the roll. 19 (The Secretary called the 20 roll. ) 21 ACTING PRESIDENT FUSCHILLO: 22 Record the negatives. 23 THE SECRETARY: Those recorded 24 in the negative on Calendar Number 1345 are 25 Senators Leichter and Montgomery. Ayes 59, 1 also Senator Stavisky, ayes 58, nays 3. 2 ACTING PRESIDENT FUSCHILLO: 3 The bill is passed. 4 Secretary will read. 5 SENATOR KUHL: Mr. President, I 6 think 1093 was -- Calendar Number 1093 was 7 laid aside temporarily inadvertently. Could 8 you call that one up again, please. 9 ACTING PRESIDENT FUSCHILLO: 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 1093, by Senator Goodman, Senate Print 7317-B, 13 an act to amend the Tax Law and the 14 Administrative Code of the city of New York. 15 ACTING PRESIDENT FUSCHILLO: 16 Call the roll. Read the last section. 17 THE SECRETARY: Section 35. 18 This act shall take effect immediately. 19 ACTING PRESIDENT FUSCHILLO: 20 Call the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT FUSCHILLO: 25 The bill is passed. 1 THE SECRETARY: Calendar Number 2 1414, by Senator Balboni, Senate Print 7614, 3 an act to permit the sale or lease of Pond 4 View Homes. 5 ACTING PRESIDENT FUSCHILLO: 6 Read the last section. 7 SENATOR LEICHTER: Mr. 8 President. 9 ACTING PRESIDENT FUSCHILLO: 10 Senator Leichter, why do you rise? 11 SENATOR LEICHTER: I don't want 12 to take time on this. I've discussed it with 13 Senator Balboni. He's apparently trying to, 14 on behalf of one of his local communities, to 15 deal with a housing project that requires 16 infusion of funds. 17 My concern is that we need to 18 protect the affordability of that housing and 19 to protect people who are in possession. I 20 understand Senator Balboni is working on this, 21 but it's not presently his bill, so I'm going 22 to oppose this version of the bill and wish 23 him good luck in getting in those safeguards 24 that I know he's committed to. 25 ACTING PRESIDENT FUSCHILLO: 1 Read the last section. 2 THE SECRETARY: Section 3. 3 This act shall take effect immediately. 4 (The Secretary called the 5 roll. ) 6 THE SECRETARY: Ayes 60, nays 7 one, Senator Leichter recorded in the 8 negative. 9 ACTING PRESIDENT FUSCHILLO: 10 The bill is passed. 11 THE SECRETARY: Calendar Number 12 1470, by the Senate Committee on Rules, Senate 13 Print 7768, an act to amend the Tax Law, in 14 relation to net operating losses. 15 ACTING PRESIDENT FUSCHILLO: 16 Read the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 SENATOR PATERSON: Mr. 20 President. 21 ACTING PRESIDENT FUSCHILLO: 22 Senator Paterson. 23 SENATOR PATERSON: This is 24 Calendar 1470, laid aside by Senator 25 Leichter. 1 ACTING PRESIDENT FUSCHILLO: 2 Senator Paterson. Senator Paterson. 3 SENATOR PATERSON: I'm just 4 giving you an update, Mr. President. 5 ACTING PRESIDENT FUSCHILLO: 6 Update me, Senator Paterson. Explanation is 7 requested by Senator Leichter. 8 SENATOR KUHL: Mr. President, 9 Senator Rules is presently detained, so let me 10 just simply explain the bill. 11 There is a current provision of 12 law that allows for the net operating losses 13 of financial institutions to -- Senator 14 Leichter, this is a -- perhaps it would be 15 easier to explain that this is a technical 16 corrections bill. 17 In last year's budget adopted 18 there was a provision that allowed net 19 operating losses to be a portion of a tax 20 deduction. A year ago there was a -- as I 21 understand it, there was a fiscal impact 22 included in that budget process, but 23 mistakenly the carryover was set out to be 24 until year January 1st, 2001 when it should 25 have, in fact, been the year 2000; so what 1 we're now doing is by law putting into place 2 what was the intent in that budget. That's all 3 this bill does. 4 SENATOR LEICHTER: Thank you. 5 SENATOR KUHL: Read the last 6 section. 7 ACTING PRESIDENT FUSCHILLO: 8 Read the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect immediately. 11 ACTING PRESIDENT FUSCHILLO: 12 Call the roll. 13 (The Secretary called the 14 roll. ) 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT FUSCHILLO: 17 The bill is passed. 18 Secretary will read. 19 SENATOR KUHL: Mr. President, 20 now may we take up the controversial provision 21 on the -- or calendar, on the supplemental 22 active list. 23 ACTING PRESIDENT FUSCHILLO: 24 Secretary will read. 25 Senator Seabrook, why do you 1 rise? 2 SENATOR SEABROOK: Yes, Mr. 3 President. With unanimous consent, I'd like 4 to be recorded in the negative on Calendar 5 685. 6 ACTING PRESIDENT FUSCHILLO: No 7 objection, so ordered. 8 Senator Meier, why do you rise? 9 SENATOR MEIER: Mr. President, 10 may I have unanimous consent to be recorded in 11 the negative on Calendar Number 657. 12 ACTING PRESIDENT FUSCHILLO: 13 Without objection. 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1485, by Senator Goodman, Senate Print 6256-A, 17 an act to amend Chapter 115 of the Laws of 18 1995. 19 ACTING PRESIDENT FUSCHILLO: 20 Read the last section. 21 SENATOR PATERSON: Explanation, 22 please. 23 SENATOR KUHL: Lay it aside 24 temporarily. 25 ACTING PRESIDENT FUSCHILLO: 1 Lay it aside temporarily. 2 THE SECRETARY: Calendar Number 3 1492, by Senator Saland, Senate Print 7361. 4 SENATOR KUHL: Lay it aside 5 temporarily. 6 Can we call up Calendar 1482, 7 please. Excuse me '-92. 8 ACTING PRESIDENT FUSCHILLO: 9 Secretary will read. 10 SENATOR KUHL: 1492. 11 ACTING PRESIDENT FUSCHILLO: 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 1492, by Senator Saland, Senate Print 7361, an 15 act to amend the Social Service Law, the 16 Family Court Act and the Civil Practice Law 17 and Rules. 18 ACTING PRESIDENT FUSCHILLO: 19 Read the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect on March 1st, 22 1999. 23 ACTING PRESIDENT FUSCHILLO: 24 Call the roll. 25 (The Secretary called the 1 roll.) 2 THE SECRETARY: Ayes 61. 3 ACTING PRESIDENT FUSCHILLO: 4 The bill is passed. 5 THE SECRETARY: Calendar Number 6 1504, by Senator Goodman, Senate Print 7776, 7 an act to amend the General Business Law, in 8 relation to veterans of the armed forces. 9 SENATOR KUHL: Lay the bill 10 aside. 11 ACTING PRESIDENT FUSCHILLO: 12 Lay the bill aside temporarily. 13 Senator Kuhl, that concludes 14 the controversial calendar for the time being. 15 SENATOR KUHL: Yes. Now, Mr. 16 President, on the first calendar of the day, 17 Calendar Number 53, may we return to Calendar 18 Number 1025, by Senator Volker. This bill was 19 not on either active list. 20 ACTING PRESIDENT FUSCHILLO: 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 1025, by Senator Volker, Senate Print 6739-C, 24 an act to amend the Local Finance Law, in 25 relation to financing costs. 1 SENATOR KUHL: Is there a 2 message at the desk? 3 ACTING PRESIDENT FUSCHILLO: 4 Yes, there is. 5 SENATOR KUHL: I move we accept 6 the message. 7 ACTING PRESIDENT FUSCHILLO: 8 Motion is to accept the message of necessity. 9 All those in favor, say aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response.) 13 The motion is approved. 14 Secretary will read. There is 15 a home rule message at the desk. Read the 16 last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT FUSCHILLO: 20 Call the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT FUSCHILLO: 25 The bill is passed. 1 Senator Kuhl. 2 SENATOR KUHL: Mr. President, 3 may we now return to the order of reports of 4 standing committees. I understand there's a 5 report of the Rules Committee at the desk. 6 Could we read -- ask the Secretary to read 7 that. 8 ACTING PRESIDENT FUSCHILLO: 9 Return to the order of reports of standing 10 committees. Secretary will read the report of 11 the Rules Committee. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bills: 15 Senate Print 2307-A, by Senator 16 Larkin, an act to amend the Insurance Law; 17 3654-A, by Senator Skelos, an 18 act to amend the Retirement and Social 19 Security Law; 20 3778-B, by Senator Rath, an act 21 to amend the Real Property Tax Law; 22 4897-C, by Senator Saland, an 23 act to authorize; 24 5040-A, by Senator Hannon, an 25 act to amend the Public Authorities Law; 1 5811-A, by Senator Spano, an 2 act to amend the Retirement and Social 3 Security Law; 4 5947-A, by Senator LaValle, an 5 act to amend the State Finance Law; 6 5988-A, by Senator Hannon, an 7 act to amend the Public Health Law; 8 6398-B, by Senator Goodman, an 9 act to amend the Tax Law; 10 6892, by Senator Present, an 11 act to amend the Highway Law; 12 6911, by Senator Kuhl, an act 13 to amend the Alcoholic Beverage Control Law; 14 6915, by Senator Trunzo, an act 15 to amend the Retirement and Social Security 16 Law; 17 6992, by Senator Johnson, an 18 act to amend the Transportation Law; 19 6996-B, by Senator Balboni, an 20 act to amend the Education Law; 21 7145-A, by Senator Present, an 22 act to authorize the conveyance; 23 7228, by Senator Velella, an 24 act to amend the Civil Service Law; 25 7264-A, by Senator Johnson, an 1 act to amend the Environmental Conservation 2 Law; 3 7358-A, by Senator Marcellino, 4 an act to amend the Environmental Conservation 5 Law; 6 7363-A, by Senator Balboni, an 7 act to amend the Insurance Law; 8 7381, by Senator Alesi, an act 9 to amend the County Law; 10 7506, by Senator Marcellino, an 11 act to amend the Environmental Conservation 12 Law; 13 7529, by Senator Oppenheimer, 14 an act to amend Chapter 711 of the Laws of 15 1907; 16 7553-A, by Senator Larkin, an 17 act in relation to authorizing; 18 7559, by Senator Holland, an 19 act to amend the Social Services Law; 20 7573-B, by Senator Saland, an 21 act to enact the "Families in Transition Act 22 of 1998;" 23 7587-A, by Senator Hannon, an 24 act to amend the Public Health Law; 25 7619, by Senator Hannon, an act 1 to amend the Tax Law; 2 7634-B, by Senator Alesi, an 3 act to amend the Vehicle and Traffic Law; 4 7641, by Senator Connor, an act 5 to amend the Real Property Tax Law; 6 7684-A, by Senator LaValle, an 7 act to amend the Education Law; 8 7697, by Senator Seward, an act 9 to amend the Education Law; 10 7756, by Senator Johnson, an 11 act to amend the Environmental Conservation 12 Law; 13 7769, by Senator Spano, an act 14 to amend the Education Law; 15 7772, by Senator Stafford, an 16 act to amend the Tax Law; 17 7821, by Senator Bruno, an act 18 authorizing the conveyance; and 19 Assembly 10985, by the Assembly 20 Committee on Rules, an act to authorize the 21 Grace Baptist Church. 22 All bills ordered direct for 23 third reading. 24 ACTING PRESIDENT FUSCHILLO: 25 Senator Kuhl. 1 SENATOR KUHL: Move we accept 2 the report of the Rules Committee. 3 ACTING PRESIDENT FUSCHILLO: 4 Motion is made to accept the report of the 5 Rules Committee. All those in favor signify 6 by saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 The ayes have it. The message 10 is approved. 11 SENATOR KUHL: Is there any 12 housekeeping at the desk? 13 ACTING PRESIDENT FUSCHILLO: 14 Motions. 15 SENATOR KUHL: Then if we can 16 return to motions and recognize Senator 17 Marcellino. 18 ACTING PRESIDENT FUSCHILLO: 19 Senator Marcellino. 20 SENATOR MARCELLINO: I wish to 21 call up Senate Print 7101, recalled from the 22 Assembly which is now at the desk. 23 ACTING PRESIDENT FUSCHILLO: 24 Secretary will read. 25 THE SECRETARY: Calendar Number 1 1334, by Senator Johnson, Senate Print 7101, 2 an act to amend the Transportation Law. 3 SENATOR MARCELLINO: Mr. 4 President, I now move to reconsider the vote 5 by which this bill was passed. 6 ACTING PRESIDENT FUSCHILLO: 7 Secretary will call the roll on 8 reconsideration. 9 (The Secretary called the roll 10 on reconsideration. ) 11 THE SECRETARY: Ayes 61. 12 SENATOR MARCELLINO: Mr. 13 President, I now offer the following 14 amendments. 15 ACTING PRESIDENT FUSCHILLO: 16 Amendments are received. 17 SENATOR MARCELLINO: Amendments 18 are received? Thank you, sir. 19 ACTING PRESIDENT FUSCHILLO: 20 Secretary will read one substitution. 21 THE SECRETARY: On page 33, 22 Senator Lack moves to discharge from the 23 Committee on Rules Assembly Bill Number 7037 24 and substitute it for the identical Third 25 Reading Calendar 1143. 1 ACTING PRESIDENT FUSCHILLO: 2 Substitution is ordered. 3 Senator Kuhl. 4 SENATOR KUHL: Yes, Mr. 5 President. There is a Senate Supplemental 6 Calendar 53B on the members' desks. We're 7 going to take up one bill before we break for 8 a short period of time, and that's Calendar 9 Number 1560, by Senator Hannon, 7587-A. If I 10 could have that bill called up right now, that 11 would be tgerrific. 12 ACTING PRESIDENT FUSCHILLO: 13 Secretary will read 1560, by Senator Hannon. 14 THE SECRETARY: Calendar Number 15 1560, by Senator Hannon, Senate Print 7587-A, 16 an act to amend the Public Health Law, in 17 relation to requiring. 18 ACTING PRESIDENT FUSCHILLO: 19 Read the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect immediately. 22 SENATOR HANNON: Explain my 23 vote. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 1 ACTING PRESIDENT FUSCHILLO: 2 Call the roll. 3 (The Secretary called the 4 roll. ) 5 ACTING PRESIDENT FUSCHILLO: 6 Senator Hannon, to explain his vote. 7 SENATOR HANNON: Briefly. 8 Thank you, Mr. President. 9 In the spectrum of health care 10 we have in this state, there is a unique 11 hospital that deals with the terminally ill 12 where patients who have, unfortunately, no 13 hope of reversing their course of illness are 14 cared for and this is the most sensitive 15 treatment. 16 In an attempt, and I believe a 17 belief that we've been succeeding to remove 18 their treatment from the usual travails that 19 attend the reimbursement process, we're 20 passing this bill so that we can make sure 21 that those people in the gravest stages in 22 need of care are appropriately cared for. 23 Thank you, Mr. Speaker. 24 ACTING PRESIDENT FUSCHILLO: 25 Thank you, Senator Hannon. 1 Results. 2 THE SECRETARY: Ayes 61. 3 ACTING PRESIDENT FUSCHILLO: 4 The bill is passed. 5 Senator Kuhl. 6 SENATOR KUHL: Now, on the 7 regular calendar, one more bill to take up 8 before we break, and it's Calendar Number 53, 9 it's Calendar Number 1284. We ask that one to 10 be called up, please. 11 ACTING PRESIDENT FUSCHILLO: 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1284, by Senator Kuhl, Senate Print 6184-A, an 15 act to amend the Private Housing Finance Law 16 and Chapter 596 of the Laws of 1995. 17 SENATOR KUHL: Is there a 18 message at the desk? 19 ACTING PRESIDENT FUSCHILLO: 20 Yes, there is. 21 SENATOR KUHL: I move we accept 22 the message. 23 ACTING PRESIDENT FUSCHILLO: 24 Motion is made to accept the message of 25 necessity. All those in favor signify by 1 saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response.) 5 The motion is approved. Would 6 you read the last section. 7 SENATOR KUHL: Last section. 8 THE SECRETARY: Section 3. 9 This act shall take effect immediately. 10 ACTING PRESIDENT FUSCHILLO: 11 Call the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 61. 15 ACTING PRESIDENT FUSCHILLO: 16 The bill is passed. 17 SENATOR KUHL: Mr. President. 18 Mr. President. 19 ACTING PRESIDENT FUSCHILLO: 20 Senator Kuhl. 21 SENATOR KUHL: On the regular 22 calendar, Calendar Number 53, could you call 23 up Calendar Number 1234, please, for Senator 24 Leibell. 25 ACTING PRESIDENT FUSCHILLO: 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 1234, by Senator Leibell, Senate Print 3929-B, 4 an act to amend the Real Property Actions and 5 Proceedings Law. 6 SENATOR KUHL: Will you lay 7 that bill aside for the day. 8 ACTING PRESIDENT FUSCHILLO: 9 We'll lay that aside for the day. 10 SENATOR KUHL: Mr. President, 11 there will be an immediate meeting of the 12 Majority Conference, immediate meeting of the 13 Majority Conference in the Majority Conference 14 Room, and the Senate will stand at ease until 15 4:30 sharp. 16 ACTING PRESIDENT FUSCHILLO: 17 Thank you, Senator. Immediate meeting of the 18 Majorioty Conference in Room 432, and the 19 Senate will stand at ease until 4:30 sharp. 20 (Whereupon at 3:53 p.m., the 21 Senate stood at ease until 5:15 p.m.) 22 ACTING PRESIDENT KUHL: The 23 Senate will come to order. Ask the members to 24 find their seats, the staff to find their 25 seats. 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 there will be an immediate meeting of the 4 Finance Committee in the Majority Conference 5 Room. 6 ACTING PRESIDENT KUHL: 7 Immediate meeting of the Finance Committee, 8 immediate meeting of the Finance Committee in 9 Room 332, the Majority Conference Room. 10 Senator Skelos. 11 SENATOR SKELOS: Would you 12 please recognize Senator Saland. 13 ACTING PRESIDENT KUHL: The 14 Chair recognizes Senator Saland. 15 SENATOR SALAND: For purposes 16 of housekeeping, Mr. President, I would like 17 to star Calendar Number 1559, Senate 7573-B. 18 ACTING PRESIDENT KUHL: 19 Calendar Number 1559 will be starred at the 20 request of the sponsor. 21 Senator Santiago, why do you 22 rise? 23 SENATOR SANTIAGO: I would like 24 to be recorded in the negative on Calendar 25 1345, Mr. President. 1 ACTING PRESIDENT KUHL: 1345? 2 Without objection. 3 SENATOR SANTIAGO: Thank you. 4 ACTING PRESIDENT KUHL: Senator 5 Santiago will be recorded in the negative on 6 Calendar Number 1345. 7 SENATOR SKELOS: Is there any 8 housekeeping at the desk at this time? 9 ACTING PRESIDENT KUHL: There 10 is. We'll return to the order of motions and 11 resolutions. 12 The Chair recognizes Senator 13 Rath. 14 SENATOR RATH: Mr. President, I 15 wish to call up my bill, Print Number 4422-A, 16 recalled from the Assembly, which is now at 17 the desk. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 337, by Senator Velella, Senate Print 4422-A, 22 an act to amend the Public Health Law. 23 SENATOR RATH: Mr. President, I 24 now move to reconsider the vote by which this 25 bill was passed. 1 ACTING PRESIDENT KUHL: The 2 motion is to reconsider the vote by which the 3 bill passed the house. The Secretary will 4 call the roll on reconsideration. 5 (The Secretary called the roll 6 on reconsideration.) 7 THE SECRETARY: Ayes 61. 8 ACTING PRESIDENT KUHL: Senator 9 Rath. 10 SENATOR RATH: Mr. President, I 11 now offer the following amendments. 12 ACTING PRESIDENT KUHL: The 13 amendments are received and adopted. 14 Senator Rath. 15 SENATOR RATH: Mr. President, I 16 wish to call up my bill, Senate Print 5689-A, 17 recalled from the Assembly, which is now at 18 the desk. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read. 21 THE SECRETARY: Senate Print 22 5689-A, by Senator Alesi, an act to amend the 23 Vehicle and Traffic Law. 24 SENATOR RATH: Mr. President, I 25 now move to reconsider the vote by which the 1 bill was passed and ask that the bill be 2 restored to the order of third reading. 3 ACTING PRESIDENT KUHL: The 4 Secretary will call the roll on consideration. 5 (The Secretary called the roll 6 on reconsideration.) 7 THE SECRETARY: Ayes 61. 8 ACTING PRESIDENT KUHL: The 9 bill is restored. 10 Senator Rath. 11 SENATOR RATH: Mr. President, I 12 now move to discharge from the Committee on 13 Rules Assembly Print Number 1495-B and 14 substitute it for the identical Senate bill. 15 The Senate bill, on first passage, was voted 16 unanimously, and I now move that the 17 substituted bill have its third reading at 18 this time. 19 ACTING PRESIDENT KUHL: The 20 substitution is ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1516, by member of the Assembly Bragman, 24 Assembly Print 1495-B, an act to amend the 25 Vehicle and Traffic Law, in relation to the 1 ignition. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. 5 This act shall take effect in 30 days. 6 ACTING PRESIDENT KUHL: Call 7 the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 61. 11 ACTING PRESIDENT KUHL: The 12 bill is passed. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could take up the supplemental calendar, 16 beginning with Calendar Number 109, by Senator 17 Larkin, non-controversial. 18 ACTING PRESIDENT KUHL: For the 19 benefit of the members, there is a 20 supplemental active list which should be 21 reading Supplemental Number 2 but the number 2 22 is not there. It starts with Calendar Number 23 109. That's on your regular calendar. 24 So the Secretary will read the 25 supplemental active list beginning with 1 Calendar Number 109, by Senator Larkin. 2 THE SECRETARY: Calendar Number 3 109, by Senator Larkin, Senate Print 3840, an 4 act to amend Chapter 689 of the Laws of 1991. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 61. 14 ACTING PRESIDENT KUHL: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 536, substituted earlier, by member of the 18 Assembly Schimminger, Assembly Print 2378-C, 19 an act to amend the Real Property Tax Law. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. 23 This act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call 25 the roll. 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 61. 4 ACTING PRESIDENT KUHL: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1108, by the Assembly Committee on Rules, 8 Assembly Print 7656, an act to amend the 9 Navigation Law, in relation to adjusting. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 4. 13 This act shall take effect in 30 days. 14 ACTING PRESIDENT KUHL: Call 15 the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 61. 19 ACTING PRESIDENT KUHL: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1222, by the Assembly Committee on Rules, 23 Assembly Print 10930, an act to repeal Section 24 10 (b) of the Highway Law. 25 ACTING PRESIDENT KUHL: The 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 61. 9 ACTING PRESIDENT KUHL: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1243, by Senator Wright, Senate Print 6238 - 13 SENATOR SKELOS: Lay it aside 14 temporarily. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside temporarily. 17 THE SECRETARY: Senator Larkin 18 moves to discharge from the Committee on Rules 19 Assembly Bill Number 6266-A and substitute it 20 for the identical Third Reading Calendar 1512. 21 ACTING PRESIDENT KUHL: The 22 substitution is ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 1512, by member of the Assembly Gunther, 1 Senate Print 6266-A, an act to amend the 2 Insurance Law, in relation to continuing. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 4. 6 This act shall take effect January 1. 7 ACTING PRESIDENT KUHL: Call 8 the roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Ayes 61. 12 ACTING PRESIDENT KUHL: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1536, by Senator Skelos, Senate Print 3654-A, 16 an act to amend the Retirement and Social 17 Security Law, in relation to the retirement. 18 ACTING PRESIDENT KUHL: There 19 is a home rule message at the desk. The 20 Secretary will read the last section. 21 THE SECRETARY: Section 6. 22 This act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call 24 the roll. 25 (The Secretary called the 1 roll.) 2 THE SECRETARY: Ayes 61. 3 ACTING PRESIDENT KUHL: The 4 bill is passed. 5 THE SECRETARY: Senator Rath 6 moves to discharge from the Committee on Rules 7 Assembly Bill Number 8010-B and substitute it 8 for the identical Third Reading Calendar 1537. 9 ACTING PRESIDENT KUHL: The 10 substitution is ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1537, by the Assembly Committee on Rules, 14 Assembly Print 8010-B, an act to amend the 15 Real Property Tax Law, in relation to the use 16 of tax equalization rates. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT KUHL: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1538, by Senator Saland, Senate Print 4897-C, 5 an act to authorize Edmund Haase to change the 6 beneficiary of his retirement allowance. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 3. 10 This act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT KUHL: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1539, by Senator Hannon, Senate Print 5040-A, 20 an act to amend the Public Authorities Law, in 21 relation to the collective bargaining unit. 22 ACTING PRESIDENT KUHL: There 23 is a home rule message at the desk. The 24 Secretary will read the last section. 25 THE SECRETARY: Section 2. 1 This act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call 3 the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT KUHL: The 8 bill is passed. 9 THE SECRETARY: Senator Spano 10 moves to discharge from the Committee on Rules 11 Assembly Bill Number 11058 and substitute it 12 for the identical Third Reading Calendar 1540. 13 ACTING PRESIDENT KUHL: The 14 substitution is ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1540, by the Assembly Committee on Rules, 18 Assembly Print 11058, an act to amend the 19 Retirement and Social Security Law, in 20 relation to the transfer. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT KUHL: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1541, by Senator LaValle, Senate Print 5947-A, 9 an act to amend the State Finance Law, in 10 relation to the references. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. 14 This act shall take effect on the 120th day. 15 ACTING PRESIDENT KUHL: Call 16 the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 61. 20 ACTING PRESIDENT KUHL: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1543, by Senator Goodman, Senate Print 6398-B, 24 an act to amend the Tax Law, in relation to 25 exempting certain tangible personal property. 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 5. 4 This act shall take effect on the first day of 5 a sales tax quarterly period. 6 ACTING PRESIDENT KUHL: Call 7 the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 61. 11 ACTING PRESIDENT KUHL: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1545, by Senator Kuhl, Senate Print 6911, an 15 act to amend the Alcoholic Beverage Control 16 Law, in relation to the authorization. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 3. 20 This act shall take effect on the 120th day. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT KUHL: The 2 bill is passed. 3 THE SECRETARY: Senator Trunzo 4 moves to discharge from the Committee on Rules 5 Assembly Bill Number 9798 and substitute it 6 for the identical Third Reading Calendar 1546. 7 ACTING PRESIDENT KUHL: The 8 substitution is ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1546, by member of the Assembly - 12 SENATOR LEICHTER: Lay it 13 aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Senator Johnson 17 moves to discharge from the Committee on Rules 18 Assembly Bill Number 10914 and substitute it 19 for the identical Third Reading Calendar 1547. 20 ACTING PRESIDENT KUHL: The 21 substitution is ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1547, by the Assembly Committee on Rules, 25 Assembly Print 10914, an act to amend the 1 Transportation Law, in relation to enabling 2 the commissioner. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 2. 6 This act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call 8 the roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Ayes 61. 12 ACTING PRESIDENT KUHL: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1548, by Senator Balboni, Senate Print 6996-B, 16 an act to amend the Education Law, in relation 17 to authorizing memorial awards. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 3. 21 This act shall take effect April 1, 1999. 22 ACTING PRESIDENT KUHL: Call 23 the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 61. 2 ACTING PRESIDENT KUHL: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1549, by Senator Present, Senate Print 7145-A, 6 an act to authorize the conveyance of certain 7 state lands. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 5. 11 This act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 61. 17 ACTING PRESIDENT KUHL: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1550, by Senator Velella, Senate Print 7228, 21 an act to amend the Civil Service Law, in 22 relation to provisional appointments. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the last section. 25 THE SECRETARY: Section 2. 1 This act shall take effect on the 60th day. 2 ACTING PRESIDENT KUHL: Call 3 the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT KUHL: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1551, by Senator Johnson, Senate Print 7264-A, 11 an act to amend the Environmental Conservation 12 Law, in relation to the taking of crabs. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. 16 This act shall take effect in 120 days. 17 ACTING PRESIDENT KUHL: Call 18 the roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 61. 22 ACTING PRESIDENT KUHL: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1552, by Senator Marcellino, Senate Print 1 7358-A, an act to amend the Environmental 2 Conservation Law, in relation to integrated 3 pesticide management. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. 7 This act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT KUHL: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1553, by Senator Balboni, Senate Print 7363-A, 17 an act to amend the Insurance Law, in relation 18 to conforming certain provisions. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 4. 22 This act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call 24 the roll. 25 (The Secretary called the 1 roll.) 2 THE SECRETARY: Ayes 61. 3 ACTING PRESIDENT KUHL: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1554, by Senator Alesi, Senate Print 7381, an 7 act to amend the County Law, in relation to 8 authorizing the county of Monroe. 9 ACTING PRESIDENT KUHL: There 10 is a home rule message at the desk. 11 SENATOR PATERSON: Lay it 12 aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 1555, by Senator Marcellino, Senate Print 17 7506, an act to amend the Environmental 18 Conservation Law, in relation to management of 19 wildlife resources. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 11. 23 This act shall take effect on the first day of 24 January. 25 ACTING PRESIDENT KUHL: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT KUHL: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1556, by Senator Oppenheimer, Senate Print 9 7529, an act to amend Chapter 711 of the Laws 10 of 1907, relating to providing for a public 11 park. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call 17 the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 61. 21 ACTING PRESIDENT KUHL: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1557, by Senator Larkin, Senate Print 7553-A, 25 an act in relation to authorizing the Dutchess 1 County Industrial Development Agency. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 4. 5 This act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call 7 the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes - 11 ACTING PRESIDENT KUHL: Senator 12 Larkin, why do you rise? 13 SENATOR LARKIN: I want to 14 explain my vote. 15 ACTING PRESIDENT KUHL: Senator 16 Larkin, to explain his vote. 17 SENATOR LARKIN: Mr. Speaker, 18 this bill is a very important bill to the 19 Hudson Valley. It shows a complete 20 cooperation between two counties in the Hudson 21 Valley, Dutchess County and Ulster county. It 22 was necessitated by the fact that Ulster 23 County did not have a cap on the bonding of 24 $80 million, wherein Dutchess County did. 25 This was a complete agreement by levels of 1 government from here to the county to the 2 town. 3 We're very proud. This 4 essentially will be a $400 million project in 5 the Hudson Valley. It was coordinated at 6 every level. We have received commitment 7 letters from all echelons between the Empire 8 State News Print, which is the prime builder 9 of this facility and the cooperative effort 10 between all of the echelons of government of 11 what they would, what they wouldn't do. This 12 is something very personal to Senator Saland 13 and myself. 14 Thank you, Mr. Speaker. 15 ACTING PRESIDENT KUHL: The 16 Chair recognizes Senator Saland to explain his 17 vote. 18 SENATOR SALAND: Thank you, Mr. 19 President. 20 Mr. President, I would like to 21 thank Senator Larkin for working so 22 cooperatively not only with my office but with 23 the people in Dutchess County, in particular 24 the people in the town of Rhinebeck, and I 25 think that cooperation has been noted rather 1 thoroughly in the bill memo. The bill memo 2 talks in terms of the spirit of regional 3 cooperation between Dutchess and Ulster 4 Counties, that between the applicant Empire 5 State News Print, Ulster County IDA, Ulster 6 County Economic Corporation in the form of 7 letter agreements between them and the town of 8 Rhinebeck, and what I would like to do, Mr. 9 President, is just noting from the letter of 10 June 16 from Empire State News Print to the 11 supervisor, Bill Dowden, of the town of 12 Rhinebeck, there are a number of points that 13 have been set forth representing the mutual 14 understanding coming from a meeting of June 15 15 with regard to the project and this letter 16 recites that "As discussed, Empire State News 17 Print is very sensitive to the environmental 18 concern raised by the town board in the town 19 of Rhinebeck and the company fully intends to 20 address such concerns within the manner set 21 forth herein." It says "In order to respond 22 to these specific concerns expressed by the 23 town in the spirit of regional cooperation, 24 the company agrees as follows: 25 "The company will recommend to 1 the lead agency as defined in Article VIII of 2 the economic -- Environmental Conservation Law 3 and the regulations adopted pursuant thereto, 4 collectively called SEQR, that the town be a 5 participant in the environmental review 6 process and accordingly that the lead agency 7 will afford the town the opportunity to review 8 the scope, the DEIS, the FEIS and all other 9 information relevant to the town's 10 environmental concerns on a timely basis." 11 It then goes on through a 12 series of points to enumerate what those 13 concerns are. It talks about their 14 willingness to work with the town and that has 15 been reinforced by letter agreements from the 16 Ulster County Industrial Development Agency 17 signed by the president, Alfred Ford, who 18 polled his board assuring the town of 19 Rhinebeck that the board supports the 20 recommendations as does the president of the 21 Ulster County Development Corporation, Abel 22 Garrigan, to similar affect. 23 That being the case, the town 24 of Rhinebeck certainly joins in this venture 25 and much to the leadership of Senator Larkin, 1 this thing has worked out cooperatively to the 2 mutual benefit of not only Ulster county but 3 Dutchess County and the Mid-Hudson. 4 Thank you, Mr. President. I 5 vote in favor of the bill. 6 ACTING PRESIDENT KUHL: Senator 7 Saland and Senator Larkin both recorded in the 8 affirmative. Announce the results. 9 THE SECRETARY: Ayes 61. 10 ACTING PRESIDENT KUHL: The 11 bill is passed. 12 THE SECRETARY: Senator Holland 13 moves to discharge from the Committee on 14 Social Services Assembly Bill Number 6434 and 15 substitute it for the identical Third Reading 16 Calendar 1558. 17 ACTING PRESIDENT KUHL: The 18 substitution is ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1558, by member of the Assembly Jacobs, 22 Assembly Print 6434, an act to amend the 23 Social Services Law, in relation to 24 authorizing. 25 ACTING PRESIDENT KUHL: The 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 61. 9 ACTING PRESIDENT KUHL: The 10 bill is passed. 11 THE SECRETARY: Senator Hannon 12 moves to discharge from the Committee on Rules 13 Assembly Bill Number 11073 and substitute it 14 for the identical Third Reading Calendar 1561. 15 ACTING PRESIDENT KUHL: The 16 substitution is ordered. Lay the bill aside. 17 THE SECRETARY: Calendar Number 18 1563, by Senator Connor, Senate Print 7641, an 19 act to amend the Real Property Tax Law, in 20 relation to making certain technical 21 corrections. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 24 THE SECRETARY: Section 4. 25 This act shall take effect immediately. 1 ACTING PRESIDENT KUHL: Call 2 the roll. 3 (The Secretary called the 4 roll.) 5 ACTING PRESIDENT KUHL: Record 6 the negative. Announce the results. 7 THE SECRETARY: Ayes 60, nays 8 one, Senator Leichter recorded in the 9 negative. 10 ACTING PRESIDENT KUHL: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1565, by Senator Seward, Senate Print 7697, an 14 act to amend the Education Law, in relation to 15 making maintenance contracts. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 3. 19 This act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call 21 the roll. 22 (The Secretary called the 23 roll.) 24 THE SECRETARY: Ayes 61. 25 ACTING PRESIDENT KUHL: The 1 bill is passed. 2 I'll ask the Secretary to read 3 Calendar Number 1564. 4 THE SECRETARY: Calendar Number 5 1564, by Senator LaValle, Senate Print 7684-A, 6 an act to amend the Education Law, in relation 7 to the powers of the Board of Education. 8 ACTING PRESIDENT KUHL: Senator 9 Holland. 10 SENATOR HOLLAND: Is there a 11 message of necessity at the desk? 12 ACTING PRESIDENT KUHL: There 13 is. 14 SENATOR HOLLAND: I move we 15 accept the message. 16 ACTING PRESIDENT KUHL: The 17 motion is to accept the message of necessity 18 on Calendar Number 1564. All those in favor 19 signify by saying aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The message is accepted. 24 The Secretary will read the 25 last section. 1 THE SECRETARY: Section 5. 2 This act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call 4 the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 61. 8 ACTING PRESIDENT KUHL: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1566, by Senator Johnson, Senate Print 7756, 12 an act to amend the Environmental Conservation 13 Law, in relation to the taking of lobsters. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 6. 17 This act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 61. 23 ACTING PRESIDENT KUHL: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 1567, by Senator Spano, Senate Print 7... 2 SENATOR HOLLAND: Lay it aside 3 temporarily. 4 SENATOR PATERSON: Lay it 5 aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar 9 Number - 10 SENATOR SPANO: Mr. President. 11 ACTING PRESIDENT KUHL: Senator 12 Spano, why do you rise? 13 SENATOR SPANO: Calendar 1567, 14 can you please place a sponsor's star on that 15 bill. 16 ACTING PRESIDENT KUHL: 17 Calendar Number 1567 is starred at the request 18 of the sponsor. 19 The Secretary will continue to 20 read the non-controversial calendar. 21 THE SECRETARY: Calendar Number 22 1568, by Senator Stafford, Senate Print 7772, 23 an act to amend the - 24 SENATOR STACHOWSKI: Lay it 25 aside. 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 1569, by Senator Bruno, Senate Print 7821, an 5 act authorizing the conveyance of land to the 6 South Glens Falls Central School District. 7 ACTING PRESIDENT KUHL: Senator 8 Holland. 9 SENATOR HOLLAND: Is there a 10 message of necessity at the desk. 11 ACTING PRESIDENT KUHL: There 12 is. 13 SENATOR HOLLAND: I move we 14 accept the message. 15 ACTING PRESIDENT KUHL: The 16 motion is to accept the message of necessity 17 on Calendar Number 1569. All those in favor 18 signify by saying aye. 19 (Response of "Aye".) 20 Opposed, nay. 21 (There was no response.) 22 The message is accepted. 23 The bill is before the house. 24 The Secretary will read the 25 last section. 1 THE SECRETARY: Section 4. 2 This act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call 4 the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 61. 8 ACTING PRESIDENT KUHL: The 9 bill is passed. 10 Senator Holland. 11 SENATOR HOLLAND: Could we 12 return to the main calendar, Mr. President, 13 and call up Calendar Number 139, Senator 14 Saland's bill. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read Calendar Number 139 on the 17 main Calendar Number 52. 18 THE SECRETARY: Calendar Number 19 139, by Senator Saland, Senate Print 816-B, an 20 act to amend the Penal Law, in relation to 21 establishing a presumption. 22 ACTING PRESIDENT KUHL: Senator 23 Holland. 24 SENATOR HOLLAND: Is there a 25 message of necessity at the desk? 1 ACTING PRESIDENT KUHL: There 2 is. 3 SENATOR HOLLAND: I move we 4 accept the message, please. 5 ACTING PRESIDENT KUHL: The 6 motion is to accept the message of necessity 7 on Calendar Number 139. All those in favor 8 signify by saying aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The message is accepted. 13 The bill is before the house. 14 The Secretary will read the 15 last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect on the first day of 18 November. 19 ACTING PRESIDENT KUHL: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT KUHL: The 25 bill is passed. 1 Senator Holland. 2 SENATOR HOLLAND: Mr. 3 President, can we call up Calendar 1140, 4 please. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read Calendar Number 1140. 7 THE SECRETARY: Calendar Number 8 1140, by Senator Lack, Senate Print 588-D, an 9 act to amend the Real Property Actions and 10 Proceedings Law, in relation to mortgage 11 foreclosure. 12 ACTING PRESIDENT KUHL: Senator 13 Holland. 14 SENATOR HOLLAND: Is there a 15 message of necessity at the desk? 16 ACTING PRESIDENT KUHL: There 17 is. 18 SENATOR HOLLAND: I move we 19 accept the message, please. 20 ACTING PRESIDENT KUHL: The 21 motion is to accept the message of necessity 22 on Calendar Number 1140. All those in favor 23 signify by saying aye. 24 (Response of "Aye".) 25 Opposed, nay. 1 (There was no response.) 2 The message is accepted. 3 The bill is before the house. 4 The Secretary will read the 5 last section. 6 THE SECRETARY: Section 2. 7 This act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 ACTING PRESIDENT KUHL: Record 13 the negatives. Announce the results. 14 THE SECRETARY: Ayes 60, nays 15 one, Senator DeFrancisco recorded in the 16 negative. 17 ACTING PRESIDENT KUHL: The 18 bill is passed. 19 (Acting President Kuhl passed 20 the gavel to Senator Leichter.) 21 SENATOR HOLLAND: Mr. 22 President, since we're about to begin the 23 controversial calendar, we thought it only 24 appropriate that you be up there (Laughter.) 25 Senator Libous. 1 SENATOR LIBOUS: Mr. President, 2 I have a motion to discharge that's at the 3 desk. (Laughter.) 4 ACTING PRESIDENT LEICHTER: Is 5 that the one I gave you? 6 SENATOR LIBOUS: Yes, Mr. 7 President. 8 Senator Holland. 9 SENATOR HOLLAND: Well, we just 10 want to give you an opportunity, Senator, to 11 thank you for the many years you have been 12 here and all the work you've done and the many 13 hours we've listened to you here in the 14 chamber and hope you enjoy your retirement and 15 I'm sure you'll come back and visit us many, 16 many times. We hope so. 17 ACTING PRESIDENT LEICHTER: 18 Senator Padavan. 19 SENATOR PADAVAN: Mr. 20 President, I would like to be among those who 21 say how much we will miss you as you leave us 22 and to say for the record that contrary to 23 Senator Velella, who I don't see, you are not 24 a big beatnik, a left-wing reactionary maybe, 25 but not a beatnik. 1 I have been here for 26 years 2 and you have been here much of that time and 3 the fact that you have sat there as you have 4 been doing these recent days looking over 5 those bills, finding areas that are of concern 6 to you and you think to the people of the 7 state, bringing it to our attention has been 8 both an annoyance and a blessing. The wisdom 9 of putting you up there now as we're trying to 10 close the session down is obviously quite 11 clear, but nevertheless, you have made a major 12 contribution to this house and to the Assembly 13 from which you came. 14 I hope that our relationship 15 will continue. You have been a good friend 16 personally and otherwise, and I know you know 17 what I'm referring to and you will be sorely 18 missed both for your intellect, and your 19 untiring dedication to seeing that the 20 Minority, the loyal Minority, does its job is 21 unparallelled, I think, in this Capitol. 22 Godspeed and good luck. 23 ACTING PRESIDENT LEICHTER: 24 Thank you very much. 25 Senator Hoffmann. 1 SENATOR HOFFMANN: Thank you, 2 Mr. President. 3 It is a real honor for all of 4 us to be able to see you up there presiding 5 even for a brief moment and have that sense 6 that some of those things which you have 7 desired, worked for, championed, could 8 actually occur and somebody of your wisdom and 9 patience and virtue could actually be in that 10 position some day and for me it's a very 11 personal satisfaction to see you being 12 recognized like this because I have lived for 13 a number of years as a person committed to 14 reforming this state and also as a person who 15 has been regularly labeled as a royal pain in 16 the rear end and my one sense of satisfaction, 17 which you are now robbing me of right now, is 18 that I could always say, but there is Franz 19 Leichter who is a much bigger one of those and 20 now your departure places a terrible burden on 21 me. 22 I am now asking your staff to 23 provide some of the material and I'm getting 24 the transcripts from some of your speeches, 25 some of these late night sessions over the 1 years, and I have committed to doing my very 2 best, Franz, to fulfilling your legacy and I 3 will pull out all of those speeches and when 4 we have a slow moment, I'll do my very best to 5 read them and to recite them and to polish 6 them up to make them as contemporary as 7 possible. I don't want your work to be 8 forgotten when you leave this chamber. 9 We have benefited from your 10 championship of virtue and your vision of what 11 a legislative body in this state can be is 12 something that we won't lose sight of, Franz. 13 We will continue to champion and to rail for 14 those reforms which, in fact, are necessary. 15 Congratulations and please keep 16 us informed if we're doing the right job in 17 trying to make that happen. 18 ACTING PRESIDENT LEICHTER: 19 Thank you very much. 20 Senator Dollinger. 21 SENATOR DOLLINGER: Thank you, 22 Mr. President. 23 I come here today as I once a 24 couple weeks ago quoted Julius Caesar but I'm 25 not going to talk about your tennis game, 1 Senator. We'll leave those tales all buried 2 deep in the annals of history and maybe by way 3 of a biography or autobiography but, Franz, on 4 a personal note, I came here a long time ago 5 and I was told by Jack Perry, who was my 6 predecessor in the 54th Senate District, that 7 if you wanted to find out what was going on 8 and get a unique perspective on what the 9 Senate was all about, talk to Franz Leichter. 10 Franz, you have been my 11 friend. You've provided leadership. You've 12 given me hope in this place that there's an 13 opportunity for change and you've reminded me 14 that we've all come here for a very noble 15 purpose, and that is to represent people who 16 elect us and to give some people who don't 17 oftentimes have a voice, a real voice in 18 government. 19 You've spoken for people who 20 are not wealthy, people who do not have great 21 assets, people who don't make campaign 22 contributions, people who don't own shares in 23 corporations, people who don't celebrate IDAs, 24 people who don't own big bank accounts. 25 You've been the voice for all those people and 1 I'm going to miss you. I wish you all the 2 best and when we play tennis that you just lay 3 off that game just a tiny bit for me as you 4 have thus far. 5 Godspeed. 6 ACTING PRESIDENT LEICHTER: 7 Thank you. 8 Senator Montgomery. 9 SENATOR MONTGOMERY: Thank you, 10 Mr. President, Senator Leichter. 11 It has been a real wonderful 12 experience to have an opportunity to sit right 13 in back of you. 14 As you know, I sit here, on my 15 right hand are the Republicans -- this is the 16 beginning of the Republicans and if you will 17 note each of them leaves as soon as they can. 18 So I get always the newest Republican 19 Senators. So Senator Alesi left as quickly as 20 he could. Senator Leibell left as quickly as 21 he could and now I have Senator Balboni here 22 who is probably going to leave as soon as he 23 can get to the power side of the aisle. I 24 understand that and then, of course, to my 25 left I have a relatively conservative, at 1 least a fiscally conservative Westchester 2 Democrat and that's not easy either, but then 3 I always had you in front of me and you were 4 always there to sort of give me a good sense 5 of the meaning of some of the legislation when 6 it was confusing to me. So I will really, 7 really miss you as you can see. 8 I have appreciated not only 9 what you have contributed here in the -- in 10 the Senate as a person who is always willing 11 to stand up and raise issues even if it's 2:00 12 or 3:00 a.m. in the morning and everyone else 13 wants to go home. You insist on making sure 14 that we address certain issues that you feel 15 are extremely important but you've also been a 16 person of courage to support and speak out and 17 champion those issues that are important to 18 little people in this -- in this state and 19 especially in New York City. 20 So for that I am very, very 21 grateful and we in the state of New York will 22 miss your consistent vision and voice as it 23 relates to those issues that are not popular 24 in the polls but rather that you feel are 25 right as it relates to people. 1 So we thank you and we will 2 miss you, and I know that you will enjoy very 3 much your rest from this -- this place. 4 ACTING PRESIDENT LEICHTER: 5 Senator Oppenheimer. 6 SENATOR OPPENHEIMER: "This 7 place" didn't sound so good. Well, it's hard 8 to talk to you, Senator, from this position 9 because you have been my dear friend and a 10 very caring friend and someone who I know I 11 will continue to have a friendship with and 12 there's so much that we enjoy that we have 13 done together with our spouses. We've enjoyed 14 skiing together. We've enjoyed the culture 15 industry of New York City together. We've 16 enjoyed white water rafting, hiking and I do 17 hope all of that will continue, but here in 18 the Senate I think what we will miss is your 19 enormous intellect. 20 You have -- you have been one 21 of the rare people who -- and this is the good 22 and the bad -- who examines every line of a 23 bill and you know exactly what it is when you 24 stand up and speak and you do that with a 25 passion because in many ways you are the 1 conscience of this Senate and, as the 2 conscience you have stood up for those people 3 who have no voice themselves and it has been a 4 wonderful thing for me to have you here to 5 speak for those people and to be their 6 champion because there is not a whole lot of 7 interest in some of the problems that exist in 8 our state that do need remediation because you 9 were there to speak for them. 10 So I want to say I wish you 11 well. It's really difficult for me because I 12 am losing my two closest friends here in the 13 Senate in one fell swoop, you and Manny, and I 14 really do wish you well even though I'm going 15 to stop talking to both of you forever. 16 Thank you. 17 ACTING PRESIDENT LEICHTER: 18 Senator Marchi. 19 SENATOR MARCHI: Mr. President, 20 my earliest recollections go back to the time 21 when we had engaged in some badinage in a 22 debate on the budget when I was Chairman of 23 Finance, and we would have a lively exchange 24 but you can now look back and observe much to 25 your satisfaction -- and I think much to the 1 benefit of this chamber -- many of the things 2 that you had highlighted and championed have 3 come to fruition, and I believe you made a 4 very distinctive contribution to that. 5 Your input, you have a fine 6 legal background and most of you should know 7 he's a very excellent lawyer in his own right 8 professionally. 9 The contribution that you have 10 made, we must be aware of the heavy investment 11 that you make undoubtedly in the bills, in the 12 legislation and in the law that sustains the 13 various proposals. You just don't -- you 14 don't fly by the seat of your trousers or to 15 take a wild stab at things. You have been 16 informed. You have been careful and you have 17 probative instincts, and I think they have 18 served us all well. 19 You have been consistently 20 gentle and courteous with every single member 21 of this chamber. I don't think anyone would 22 ever dispute that. Whether most of the 23 members here are aware of the fact -- and you 24 hardly ever mention it. You mentioned it 25 casually just recently a last couple of weeks 1 -- you came away from a tortured land. You 2 came away from a nation that -- where you saw 3 a lot of the -- the promise of it and the 4 prelude to the tragedy that Europe was visited 5 with. 6 I think that accounts a great 7 deal about your availability and access to 8 championing human liberty, human rights 9 because you're very, very consciously aware of 10 what happens to a people when that sense is 11 lost. So you never abandon that cause. 12 You've always rallied with strength, vigor, 13 compassion, and I might say very great 14 persuasiveness. 15 So I believe the Senate of this 16 house reflects the appreciation that we have 17 and the affection that we have for you 18 personally and for the services that you have 19 rendered which are unique in nature and have 20 served us so well and the people of your 21 district and the state of New York. 22 Godspeed. 23 ACTING PRESIDENT LEICHTER: 24 Thank you. 25 Senator Kuhl -- Senator Gold. 1 SENATOR GOLD: Thank you, Mr. 2 President. 3 Mr. President. Mr. President. 4 Mr. President. That just sounds so good. 5 ACTING PRESIDENT LEICHTER: I 6 didn't know who you were speaking to. 7 SENATOR GOLD: I got to repeat 8 it. It sounds terrific. You know, before I 9 get into some other comments, I must say that 10 one of my most vivid, vivid recollections of 11 Franz Leichter unfortunately is not in this 12 chamber, but it is on the tennis court and, in 13 all fairness, Franz and I didn't play tennis 14 so much together, but I would play with a 15 foursome. He liked singles on another court 16 and while we were playing, we would hear 17 Senator Leichter, "Jesus, Franz. What did you 18 do?" We would say, Who's talking to him? 19 He's talking to himself. "Jesus, Franz." He 20 was the cruelest person on himself than 21 anybody I've ever seen. I don't know how you 22 survived the torture you put yourself through. 23 The fact of the matter is, 24 Franz Leichter, that you are important to the 25 history of this Senate. There are people who 1 talk. You don't talk. You debate. You 2 engage in important discussions. 3 I've often said that when 4 people said to me, Do you get frustrated, I 5 said, "I don't get frustrated." I said "If 6 what you said in chamber was said 100 yards 7 down the hall, we would win the vote." What 8 you've done all these years, Franz, is that 9 you have represented significant numbers of 10 people whose voice had a right to be heard in 11 this chamber. 12 I said earlier today that my 13 party did not own sincerity. My party does 14 not own the concept that what we do is right 15 and what you do is wrong on the other side, 16 but the fact of the matter is that on many 17 issues we cannot win the vote and if it wasn't 18 for you, Franz, all of these years, many of 19 the people whose arguments had to be heard 20 would not have been heard and it's wonderful 21 that you have been here to do that. 22 You have always been your own 23 person. You were very friendly with another 24 West Side Senator who after session would tell 25 me what a m-m m-m you were and who didn't 1 really understand, in my opinion, how 2 important what you did was in many, many ways. 3 I think to myself, Franz 4 Leichter, you're one of a kind and then I say 5 to myself, that's a shame. It really is a 6 shame because there should be more people like 7 you. 8 There's another quality that 9 you have which is unusual in people. There 10 was something I heard years ago that I quote 11 all the time which says God gave us one mouth 12 and two ears and there was a reason for that 13 relationship. People talk about you speaking, 14 Franz, but the fact is that those who know you 15 know you listen and you're someone who can be 16 affected by what somebody else says, and I 17 think that that is a sign of a person of great 18 stature. 19 The other thing is that, as 20 everyone must know by this time, you love this 21 house. I remember years ago there were people 22 who said, America, love it or leave it and 23 Franz Leichter in this chamber loved it and 24 would not leave it. Franz Leichter loves this 25 house, would not leave it, would try to 1 improve it. Why? Because you love it, just 2 the way you love a child and you don't leave 3 the child if you don't agree. You try very 4 hard to improve upon it. 5 I would be less than candid - 6 and this is a day when we ought to be candid 7 -- if I didn't admit that Franz Leichter is 8 one of my personal heroes and I say that, 9 Franz, with great love. Winning and losing 10 was never the issue with you. Principle was 11 and always has been the issue. Integrity 12 always was and has been the issue and also 13 graciousness. 14 This is a house when at times 15 my distinguished colleagues on the other side, 16 who are very, very fine gentlemen and lady, 17 can be cruel and you never, ever reacted to it 18 with cruelty. You never let it stop you from 19 doing what you thought was correct and you 20 persisted and it was that kind of persistence 21 in the face of "throw at me what you must but 22 I'm going to say my piece because I believe in 23 it." That is one of the main reasons why I 24 say that you are unquestionably, Franz 25 Leichter, one of my heroes. 1 People will come, Franz, as you 2 and I both know, and take our place and they 3 will do well. It's nice to hear what's said 4 about us but the fact is people will come and 5 people will do well but, Franz Leichter, I 6 unashamably say, I love you. You are really 7 just a man with a huge heart and a great soul 8 and I think this body loses much in the fact 9 that you are retiring. 10 I wish you good health and good 11 luck. 12 ACTING PRESIDENT LEICHTER: 13 Senator Stachowski. 14 SENATOR STACHOWSKI: Mr. 15 President, I can't get over that big smile you 16 have up there. Usually you have that serious 17 look when you're debating. 18 For those of you that don't 19 know, one of the reasons I might be a little 20 offset, the first night I was ever in Albany 21 when I first got in, in a special election, I 22 went to dinner at Joe's and they stuck me at a 23 table sitting between Franz Leichter and 24 Vander Beatty and what you got here is a 25 result. 1 Franz is a wonderful 2 legislator. He goes through all the bills. 3 Unfortunately he reads them as we're sitting 4 here and it takes a while to read them and 5 digest and then have his questions, but 6 nonetheless he persists with his questions and 7 if he thinks he's right, he will fight 8 indefinitely on it. I think the reason for a 9 lot of the rules changes we have in the Senate 10 are leaving today, Franz and Manny, and we 11 should call those the Gold-Leichter bill 12 rules, the two-hour debates, et cetera. 13 I was always fascinated when I 14 first got here because Franz seemed like the 15 intellectual. He was from Manhattan. I was 16 from Buffalo. He was a lawyer. I was just a 17 regular guy. Then I thought, you know, we 18 really must not have too much in common and we 19 went to watch a basketball game and Franz 20 shows up, myself and Tony Masiello at the 21 time. Next thing you know, Franz got me 22 engaged in a deep conversation about 23 basketball and we switched over to baseball, 24 and I was shocked because I just never 25 expected this gentleman that's an attorney, 1 that travels to Europe to do law business, 2 does his main business out of Manhattan to 3 have this vast knowledge of all these sports. 4 The good part about that is 5 that he also thinks he knows football and he's 6 a die-hard Jet fan and even though we haven't 7 had a raise in the Senate since -- for ten 8 years, I have subsidized my living betting the 9 Jets and the Bills with Franz Leichter, and I 10 might add that the only year that the Jets 11 swept the Bills, Franz said, "I'm not betting 12 this year." So that just showed you the great 13 judgment he had. 14 I thought for sure today that 15 we would work late into the night because we 16 had this Leichter resolution to do and since 17 we didn't have a horse racing bill, we would 18 substitute the Leichter resolution in honor of 19 it in the middle of the night and do it then 20 and the amazing thing about that, Franz could 21 have been off the floor wherever he is at 2:00 22 or 3:00 o'clock in the morning when we did 23 most of the racing bills -- not on purpose, I 24 don't think, but just by -- they took so long 25 to negotiate because there were so many 1 different parties always involved in them, but 2 there he was. As soon as that bill hit the 3 floor, Franz was in his seat, reading it, 4 going through most of the lines, asking all 5 the questions on why are we doing this; why 6 are we doing that; how much does it cost the 7 state; can we afford to give all of this money 8 away, and really, I think he's developed a 9 name as the voice of the racing industry among 10 all those that love horse racing. 11 Those of you that may not know 12 this, and I referred to in the morning, but I 13 got to think that the highlight of Franz 14 Leichter's legislative career is when he got 15 that minor part in an opera. He was sitting 16 at a table in a tavern, if I'm not mistaken. 17 That was his part and he really got an extra 18 thrill when Carmen vamped him at his table. 19 Senator Leichter, the opera star. Those of 20 you may not know that, but that, I believe, is 21 the highlight of his career and Suzi is aware 22 of that too. That's why we got that late 23 laugh because she always gets things about two 24 or three minutes after the rest of us. 25 (Laughter) 1 I have to tell you, Franz is 2 known throughout the world. I went once on 3 one of Tarky's famous trips to Europe and 4 we're in Austria, and I'm at this dinner at - 5 this beautiful dinner that was put on in the 6 summer palace and we're sitting at this table 7 and some gentleman I never saw in my life from 8 Austria turns to me and says, "Do you know my 9 close friend, Franz Leichter?" I just looked 10 at him, I almost dropped my fork and I said, 11 "Of all the people, you're going to ask me 12 about Franz Leichter." Now, I should have 13 known being in Austria, but not only does this 14 guy know Franz Leichter, but he came from 15 Austria to the United States with Franz 16 Leichter. He runs a museum and he brings 17 artwork over regularly and he's a very dear 18 friend of Franz, but I had no idea and that's 19 just who I happened to sit next to at this 20 dinner. 21 So Franz is worldwide, and I've 22 got to tell you, Franz, as an athlete, Manny 23 said it about the tennis. You could go to the 24 tennis center, any time we'd go in the winter 25 time and play indoor tennis, if you didn't see 1 Franz, you heard him because he'd be yelling 2 at himself and, Oh, Franz, and what you really 3 wanted to do, if you went to tennis is you 4 wanted to get there when Franz first got there 5 because there is no sight in the world like 6 the Leichter warm-ups. If you ever saw the 7 Leichter jumping jacks, I don't care what 8 exercise show you've ever seen, you have never 9 seen anything like this. For those of us that 10 have seen it, those are the people who are 11 laughing. (Laughter) 12 SENATOR SKELOS: Mr. President. 13 ACTING PRESIDENT LEICHTER: 14 Senator Skelos. 15 SENATOR SKELOS: Will Senator 16 Stachowski yield for a question? 17 SENATOR STACHOWSKI: Yes, I 18 will. 19 SENATOR SKELOS: I just have 20 one question because I have to run to a 21 meeting and perhaps Senator Gold can help. 22 Are we sure that petitions are being 23 circulated for his district? (Laughter) 24 Because if they're not, we should just stop 25 right now. Now, are you giving an assurance 1 that they are being circulated? 2 SENATOR STACHOWSKI: Not only 3 am I sure, I'm so positive and this is what 4 really made me sure. I don't know if you 5 know, but Suzi is kind of a spendthrift and 6 she says she's the big spender and Martin is a 7 little tight. Martin has already donated 8 money to one of the people running to take 9 Franz' place. So based on that, I would say 10 he's definitely. 11 SENATOR SKELOS: Franz, like 12 all of your friends, I salute you. 13 SENATOR STACHOWSKI: I would 14 also have to add, Franz, we used to have a 15 regular softball game and we'd play a bunch of 16 practice games and not everybody would show up 17 for the practice games, but Franz Leichter was 18 always there for the practice games, the 19 regular games and always played as best he 20 could and it was a joy to play softball with 21 him because he did the best he could. 22 Padavan used to show up all the 23 time and he keeps claiming that we broke his 24 finger on purpose and some other things. I 25 wanted to clear that up and as long as -- I 1 know this isn't about Padavan, but I've got to 2 clear that up. He always runs to people and 3 says, You see this finger? He broke this on 4 purpose and he was talking about me. I can 5 tell John who played shortstop, it was a 6 little underhand flip and Frank stuck his hand 7 in on purpose and I told him that if I knew he 8 was going to do that, I would have thrown the 9 ball overhand. So that clears up that story. 10 It has nothing to do with Franz, but I figured 11 why not as long as I had the record. 12 In all seriousness, I would 13 like to see, Franz, it was a joy to have 14 worked with you. It was a bigger joy to have 15 gotten to know you. I think you're a very 16 special man, a wonderful individual. I'm 17 proud to have worked with you. I'm even 18 happier that I can call you a friend of mine 19 and I look forward that, although you're 20 leaving us here, that your and my friendship 21 will continue on and that I can continue to 22 subsidize my income on the Jets and Bills 23 game. 24 Thank you. 25 ACTING PRESIDENT LEICHTER: 1 Thank you. 2 Senator Farley. 3 SENATOR FARLEY: Thank you, Mr. 4 President. 5 Senator Skelos, I think it 6 would be an outstanding idea and get us out of 7 here two hours earlier if we let him preside 8 the rest of the night. (Laughter) 9 Franz, one of my most poignant 10 moments since I have been serving in the 11 Senate was every year when we used to be into 12 July, and so forth, that on July 3rd, Franz 13 would put on a party for his -- with his late 14 and beloved wife and for Steve Saland and his 15 wife, and for Suzi Oppenheimer and her husband 16 and for my wife. 17 ACTING PRESIDENT LEICHTER: 18 Owen Johnson. 19 SENATOR FARLEY: I don't think 20 Johnson is July 3rd, but it could be. There 21 was four of us. He bought the champagne and 22 cake and it was a very, very poignant and 23 lovely evening. 24 You know, Franz -- and I see 25 Patty Gioia who's been with you for a lot of 1 years, my former constituent. I think she 2 lives in Albany now. What an asset she has 3 been to you. 4 When I served as chairman of 5 Aging, everything went along. He always 6 supported everything I had and then I got 7 chairman of Environmental Conservation and he 8 was the ranker, and I'll tell you, if he was 9 hard on himself playing tennis, I'll tell you 10 he taught me more. I had more headaches as 11 chairman of that EnCon Committee because of 12 Franz and -- anyway, and I said, Gee, I'm 13 going to Banking now and I'll tell you, I 14 don't have Franz Leichter on me all the time 15 and I'll tell you, is this guy a friend of the 16 New York State bankers? He's really taken on 17 all the bankers and -- but as has been said so 18 often, Franz is such a gentleman, is such a 19 nice guy, no matter what the issue is, and I 20 still can recall when Senator Marchi was 21 Chairman of Finance and would do the 22 Legislative Budget and Franz says, Now, what 23 was this and Senator Marchi would say it was 24 the same as last year. Well, what was it last 25 year? The same as the year before and it 1 would go on and on and poor Franz would never 2 lose his patience and he would keep asking and 3 trying to get some information, none of which 4 -- I don't think you ever got, Franz, but it 5 was a true mystery, but let me say this: 6 There isn't anybody in this house on either 7 side of the aisle that doesn't recognize you 8 as a real true gentleman, a kind person. It's 9 tough to follow Senator Marchi because he did 10 say it all. 11 You've probably seen so much 12 hardship and sorrow, and so forth, in your 13 life. It's what makes you so compassionate 14 and so gentle to your fellow man and, Franz, 15 of all the people that have served here -- and 16 I recall the late John Caemmerer and the 17 colloquy that you used to have between the two 18 of you, and he was one of a kind. The 19 affection that everybody holds for you is 20 really a legend. We're losing a person from 21 this chamber whose like we haven't seen before 22 and I don't know if we'll see it again. 23 Franz, you're a dear friend. 24 We're going to miss you. Godspeed and again, 25 I would like to see you preside the rest of 1 the night. 2 Thank you. 3 ACTING PRESIDENT LEICHTER: 4 Thank you. 5 Senator Goodman. 6 SENATOR GOODMAN: Mr. 7 President, this is a very difficult moment in 8 many ways because you and I have trod a 9 lengthy path together over the past 10 20-some-odd years in this house, and I would 11 like to say without fear of contradiction that 12 I know of no one who has been more dedicated 13 in his own way and who has sought to enliven 14 and to expand the worth of the house in the 15 same way in which you have sought to do. 16 In my judgment, though we have 17 often had occasion to debate on the floor, and 18 although we may view life through different 19 lenses, I have never for a moment doubted the 20 integrity of your purpose nor the compassion 21 or the desire to improve the lot of your 22 fellow human beings that you have always 23 exhibited in your work as a state Senator. 24 Furthermore, if I may say so, I 25 think the role of hair shirt in a body such as 1 this is one which requires a fair degree of 2 courage. You have never been daunted by the 3 fact that it might be 4:00 or 5:00 or 6:00 in 4 the morning. In fact, I can remember 5 consuming the omelettes which they served here 6 one morning with the bright sunshine, having 7 been up all night and after the omelettes were 8 served, they seemed to re-invigorate you and 9 you only continued to attack the bills which 10 you thought were inappropriate with maximum 11 vigor. 12 May I just say that over the 13 years, we have known one another not just on 14 the floor but personally in various 15 connections. I had the privilege of knowing 16 your wife as a schoolmate many years ago and 17 her tragic loss was something which you bore 18 with dignity and forebearance under the most 19 difficult circumstances. 20 I'm also well aware of the fact 21 that you emerged from a situation which few of 22 us have ever, and I hope will ever have 23 occasion to be involved in, namely the tragedy 24 and the utter human catastrophe of the 25 Holocaust. 1 Perhaps these are some of the 2 reasons why you have brought a perspective 3 which has been unique to your work. You 4 understand the tragedies which human foibles 5 can lead to and which human catastrophe can 6 wreak upon ourselves and, therefore, I think 7 you've always attempted to do what you could 8 to ameliorate the difficulties which we have 9 as we go through life. 10 Let me say that your departure 11 will leave us in a state of vacuum which will 12 be very difficult, indeed, to fill. I hope 13 nobody tries to fill it completely because 14 that would be impossible and perhaps too time 15 consuming, but I must say that you have always 16 won our greatest respect, affection and 17 admiration for the role you sought to play. 18 We wish you Godspeed, and I 19 hope in his wisdom the President of the United 20 States will see fit to give you an assignment 21 which will permit you to continue to use your 22 very rare skill in the service of the people. 23 God bless and Godspeed. 24 ACTING PRESIDENT LEICHTER: 25 Thank you. 1 Senator Paterson. 2 SENATOR PATERSON: Thank you. 3 You have to understand that I 4 also represent the Upper West Side of 5 Manhattan where Franz Leichter is considered a 6 conservative. So you will pardon me if I look 7 at the Senator in a much -- through a much 8 different prism. 9 Franz Leichter is the first 10 candidate that I ever campaigned for. When I 11 was a little boy, we went out to pass out 12 literature. My father was a candidate for the 13 state Senate and on the slate the candidate 14 for the Assembly was Franz Leichter, who at 15 the time I thought the person's name was 16 Florence Leichter. I thought that Franz 17 Leichter was a woman, and I passed out this 18 literature and finally unfortunately, although 19 my father prevailed in that particular 20 election, Franz Leichter was beaten by this 21 man who I thought was obnoxious and I tore 22 down all of his posters, and his name was 23 David Dinkins. 24 So he went to the Assembly but 25 my favorite candidate, Senator Leichter, came 1 here, and so for a number of years we have 2 represented the same basic area and have 3 interchanged those districts of 4 reapportionment for a long period of time and 5 I can tell you that he is as vigilant and as 6 dedicated around the district as he is right 7 here in Albany, and so I look with great pride 8 and great distinction at what I consider to be 9 my uncle presiding over the Senate and all I 10 can tell you is, Franz, if you can preside 11 over the Senate, the Jets can win the Super 12 Bowl. (Laughter) 13 Now, Senator Leichter is a very 14 interesting person who has a dichotomy in his 15 personality. As progressive and fearless and 16 explorative as he is as a legislator, 17 personally he is stubborn, prone to do the 18 same thing over and over and generally 19 conservative in his personal habits. 20 Franz and I have dinner. We 21 had dinner at the same restaurant for ten 22 years. Finally only when it went under 23 renovations did Franz and I find another 24 restaurant, and I believe in all of our years 25 here as many times as we have had dinner, we 1 have had dinner in only three restaurants. 2 I must tell you that on a 3 personal side as Senator Oppenheimer was 4 talking about Franz is a very affectionate, 5 very dear, very wonderful person. I got 6 married in 1992 and I have the distinction of 7 being married to a woman whose birthday is on 8 April 1st. So our budget periods have been 9 extremely difficult for me, but in the first 10 budget period that I went through, the first 11 year of my marriage, I want you to know that 12 Franz Leichter drove me from Albany all the 13 way home to visit my wife to surprise her on 14 her birthday. She wasn't there. (Laughter) 15 And Senator Leichter gave me a piece of advice 16 that night when I needed a piece of advice. 17 He said, But the important thing is you tried. 18 So what I want to tell you, 19 Franz, is that we've debated a lot of bills. 20 We haven't overturned any of them. We never 21 sustained a motion for discharge. We never 22 won the Majority. The Jets haven't won the 23 Super Bowl. You can't find a good restaurant 24 and we've been through a lot of things 25 together both here and in the district and 1 have not prevailed, but what is so wonderful 2 to know is how much you've tried. 3 In my parenting years, I'm 4 beginning to learn life all over again and I 5 have been reading Dr. Seuss lately and there's 6 a Dr. Seuss character known as Alorax. He's 7 an environmentalist and is a little animal 8 that's known to be loud, lumpy and all shades 9 of grumpy, and they asked Alorax, Why do you 10 act the way you act, because he's always 11 blistering and in many ways antagonizing 12 people for cutting down trees and tearing up 13 the forest and they asked Alorax why he acts 14 this way and he said, "I speak for the trees 15 because they have no voice. I speak for the 16 animals because they have no voice." 17 And so, Franz, as you leave the 18 Senate, the only advice I would ever pretend 19 to give to you is, Senator Leichter, keep 20 speaking. Keep speaking for those who don't 21 have a voice. Keep speaking for those who are 22 unemployed. Keep speaking for those who live 23 in poor housing. Keep speaking for the 24 unemployed and those who are victims of 25 substance abuse. Keep speaking for those who 1 live in poor -- who have poor, inadequate 2 health care. Keep speaking for those who may 3 be the victims of a failed educational system. 4 We hope that you will not only 5 keep speaking but that we will keep seeing you 6 in those positions where your voice will make 7 a difference and please come back and keep 8 speaking here, whether it be as a lobbyist, as 9 a friend or as a former colleague and in that 10 sense, I wish you the best and hope that your 11 days are happy and that you eat at more places 12 than you have up to this point but that you 13 can always depend on me. 14 Yes, I am the one who coined 15 the phrases "Air Jordan" and "Leichter lay 16 asides", and I have called you "Frunk" behind 17 your back, but deep down there's no one who I 18 admire and care about in this chamber more 19 than I do for you. 20 Thank you very much. 21 ACTING PRESIDENT LEICHTER: 22 Senator Stafford. 23 SENATOR STAFFORD: Mr. 24 President, this is quite a day. This is quite 25 a day. 1 First I have to say -- and I 2 just hate to say this so much, but I don't 3 know whether everyone agrees with me, but we 4 all have to admit that for the most part if 5 you didn't go to Harvard, you wished you did. 6 Now, that isn't quite true but 7 there's a little bit of truth in that and most 8 people won't admit it but it's true, and I 9 learned that after 63 years and, of course, 10 I'm often talking about the banks of the 11 Charles and I'm often talking about the Ivy 12 League, and I will say this, and I think it 13 goes without anyone refuting it. If Harvard 14 has a good ambassador and a good 15 representative and one who shows that he 16 learned something there, Franz Leichter. 17 When we get into things as we 18 have in the past, various sides of the aisle 19 and sometimes on the same side of the aisle, 20 by the way, and when people were a bit 21 frustrated, they would say, well, how can you 22 -- I would say wait a minute. Wait a 23 minute. We accept each other as hospitality 24 in the North Country. He pays taxes, I might 25 say quite a few too, in the county of Essex 1 and he is so well liked there as a citizen and 2 I can only say this. I can only say this once 3 more because many people are speaking. 4 We talked about a colleague on 5 the other side of the aisle a few weeks ago 6 and we meant it. Please allow me to use the 7 same word. Relentless. And you remember who 8 I -- who we said that about earlier, and it 9 just goes to show, people can be on the same 10 -- on different sides of the aisle, and I 11 think Senator Gold mentioned this earlier 12 today, and they can have the same attributes. 13 I can share with you -- and 14 this sounds a bit like it's being overdone 15 because I want to share with some of my 16 colleagues that haven't been here as long as 17 some of the rest of us. I used to get so sick 18 of hearing people who had been here longer 19 tell about how great this place is and how 20 much they think of it and all the friends that 21 they have made and I would say to myself, Oh, 22 well, they'll get over it, you know? Well, 23 let me share with you. I am the same as they 24 were and are when I speak about my friends on 25 all sides of the aisle, and I share with you 1 Franz Leichter is one of them and with his 2 heritage and with his ability, he has done so 3 much. Not always in agreement, but again, 4 that's what this country is all about, and I 5 would only say this, that as we said earlier, 6 there's one person that will never use that 7 word that I never use, by the way, retired, 8 it's Franz Leichter. May shift a few gears, 9 may change a few roads, but again, we're all 10 so much better off for you having been here 11 and, you know, it's really what it's all about 12 when you can talk to each other like this. 13 The best. 14 ACTING PRESIDENT LEICHTER: 15 Thank you. 16 Senator Marcellino. 17 SENATOR MARCELLINO: Thank you, 18 Mr. President. 19 I have just a bit of a bone to 20 pick with you because when I took over the 21 chair of EnCon you were the ranker and it was 22 a pleasure. You're no longer the ranker on 23 EnCon, although you're still a member. My new 24 ranker, Suzi, sometimes even gets to meetings 25 on time before they're over but not often. 1 Not often. 2 However, you did teach me 3 something when I first came here. We were 4 inside in the lounge and you came in and said, 5 "Are you going to be around for awhile?" I 6 said, "Yeah, I do." I said, "I've got a bill 7 out there and I think you laid it aside." He 8 says, "Yeah. I'm going to ask you a few 9 questions about it." He says, "You might bone 10 up on the bill." 11 So I had to go back and read my 12 own bill. That wasn't easy to do, but you 13 taught me something about being a gentleman 14 and not taking advantage of the new guy. You 15 could well have but you never did. You always 16 treated everybody that I know with respect and 17 I've never heard anybody say a nasty word 18 about you, either in front of you or behind 19 your back because everybody around here 20 respects what you've done. We might not agree 21 and that's okay. It's been said many times 22 before. You don't have to agree here. This 23 is a deliberative body and you've done that 24 well. 25 As far as I'm concerned, this 1 chamber this year has lost some really 2 top-notch people: Norman Levy, Mike Tully, 3 some tragic losses, not an easy way to go. 4 We're losing Manny and you and Charlie. 5 Although the circumstances of your departure 6 are a lot more positive in that sense, still a 7 loss to the chamber. The institutional 8 memory, I think Senator Marchi mentioned it 9 before, is diminished. There's something to 10 say for the Leichter Lay Aside Law. Somehow 11 the Stachowski Lay Aside Law doesn't quite 12 make it. 13 This is a loss, as I've said. 14 I'll miss the phrase "conspiracy to the far 15 right". I counted once when you were debating 16 one of my bills, you said that phrase about 28 17 times. I still don't understand it but that's 18 okay -- I mean the bill, not the phrase. 19 I just want to say, Franz, it's 20 been a pleasure serving with you. I wish you 21 well. I wish you Godspeed and good luck. 22 ACTING PRESIDENT LEICHTER: 23 Thank you. 24 Senator Mendez. 25 SENATOR MENDEZ: Mr. President, 1 I am not surprised at all in seeing the 2 outpouring of love, respect and appreciation 3 for your service in this chamber of so many 4 years and thinking about you, I have always 5 become aware that you have a very strong 6 questioning and incisive mind which is the 7 catharsis to be questioning even why that duck 8 is on that bill. Should it be there? 9 Anyhow, your contribution here 10 in this chamber, as has been stated here, is 11 basically this: That you have -- you have - 12 whatever knowledge you have accumulated you 13 have put it in the service of those who are 14 unable to speak, to express themselves and 15 fight for their rights. 16 You have been an exemplary 17 friend, Mr. President. You have been a 18 tremendous example to all of us here because 19 you have been so determined to keep your 20 principles, uncompromising your principles and 21 in frustration, as it was stated before, at 22 times we felt, Oh, my God. There Franz goes 23 again and again and again, but we all, as it 24 has been stated here tonight, do know that 25 that way of being resulted in opening our 1 minds to issues that at times will have paid 2 that close attention that it needed to be 3 paid. 4 I'll tell you, I don't know if 5 my colleagues here know, but in your district 6 -- in your district, they know you as the 7 soul of the Senate. I don't know if they know 8 this. Why? Because your constituents do know 9 very well that in the same fashion in which 10 you have been there with them day in, day out, 11 they also have the trust and the conviction 12 that while you were here, you have been 13 carrying the banner of expressing their needs, 14 of expressing their points of view, of taking 15 the right position on these issues that were 16 so important to them. So that is a tremendous 17 debt of gratitude to you, Franz. 18 I also love you. I do hope the 19 best for you, happiness, good health, and I 20 also do hope that we will have the pleasure of 21 seeing you often. 22 Thank you. 23 ACTING PRESIDENT LEICHTER: 24 Thank you. 25 Senator Cook. 1 SENATOR COOK: Mr. President, 2 thank you. 3 I hope that you and Senator 4 Gold might first indulge me to thank Senator 5 Bruno for arranging for this time of day and 6 also to thank our colleagues for their 7 forebearance in letting us bask in this 8 atmosphere of love and friendship which we 9 value so much, and I simply would enlarge upon 10 that, Senator, by saying that you are, in 11 fact, everything that everyone has said. 12 It is the characteristic of 13 this house that those of us who are at 14 philosophical poles have a real legitimate 15 affection for each other. 16 I ran in a primary in 1992 17 which some of you might remember and one of 18 the charges against me and against the 19 Republicans in the house at that time was that 20 we cooperated with Mario Cuomo. 21 There are people out there who 22 believe that we're supposed to hate each other 23 because there are reasons for us to disagree 24 and, Mr. President, you have always understood 25 the difference. You have always understood 1 that when you stand for principle, that is an 2 ideal that in your mind is best for the people 3 of this state and the people that you 4 represent and you understand that everyone 5 else is also doing the same thing and that is 6 a maturity of the mind and of character for 7 which we admire you greatly. 8 We know that you have gone 9 through some great personal hardships in your 10 life. We admire you for where you came from 11 and what you have done, for the way that you 12 have worn those things which have come your 13 way in recent years. You and I have gotten to 14 know each other in the past few months a bit 15 better and I have valued that as well, and 16 indeed we are going to miss you greatly. 17 The thing that is important 18 about you is that you have called into 19 question the conventional wisdom of so much of 20 what we do, and I will confess, Senator, that 21 as I have listened to you debate bills, even 22 though I may have not ultimately really agreed 23 with you, you had made me think as to whether 24 the policies that we were following were 25 indeed the correct policies because you had 1 done it in an analytical way and you have done 2 it in a way that looks at the ultimate goal of 3 what we're trying to do and the direction in 4 which we're moving and that is the mark of one 5 who is first an intellectual giant and, 6 secondly, one who is very dedicated to the 7 people of this state. 8 So even though we will, I 9 think, see each other again in the fall at 10 some point because there are some other pieces 11 of business that undoubtedly will have to be 12 done, I am very personally pleased to have 13 known you through the years and to have 14 learned so much from you. 15 ACTING PRESIDENT LEICHTER: 16 Thank you. 17 Senator DeFrancisco. 18 SENATOR DeFRANCISCO: I rise to 19 add to the remarks of others and as I was 20 going along, it was very difficult because 21 everything I was saying is crossed out. The 22 list is getting very short, but I did do some 23 research because I know the analytical mind 24 that you do have and to see what some of the 25 things you've left to this body and one thing 1 that became very clear during this research 2 was that you have set a record here and it's 3 not the number of years here because Senator 4 Marchi's got you on that, but you have 5 recorded 45,231 no votes which will -- since 6 there's only 60,000 votes you cast, this will 7 rest forever in the annals of this body. 8 The thing that amazed me most 9 about you when I first got here and all 10 through the years is the energy that you 11 exhibited in these all-night sessions and 12 whatever else we were doing. You never seemed 13 to have a lack of energy to speak your mind 14 and the reason when everyone is speaking this 15 evening is this is the first time that we have 16 had a time to pay you back. You have no 17 choice. You can't go to the other room. You 18 have to listen to us until you fall to show 19 that you are mortal and you do have the same 20 failings that we all do. (Laughter) 21 Simply put, I've never met an 22 individual with greater commitment, greater 23 conviction and that did what he had to do with 24 class and dignity. It was a pleasure knowing 25 you. You have taught me a lot and I hope our 1 friendship will continue. 2 ACTING PRESIDENT LEICHTER: 3 Senator Nanula. 4 SENATOR NANULA: Thank you, Mr. 5 President. 6 You know, it's a real mind blow 7 when we looked up a little earlier and saw 8 Manny Gold, and I think it's just 9 incomprehensible seeing you up there. I think 10 it's beyond mind blow and, you know, I think a 11 big part of the reason is that -- and I 12 learned a lot of this actually from the 13 article I read yesterday on you in the Times. 14 You are the consummate outsider 15 and one thing that I don't know whether or not 16 was covered a little earlier by somebody 17 before I entered the chamber was your entrance 18 into politics and you have been a teacher to 19 me with respect to the roots of the reform 20 movement in New York and you are a real 21 historian, in my opinion, with respect to 22 that. 23 In fact, we were having dinner 24 not too long ago when you told me about the 25 campaign with Eleanor Roosevelt when you had 1 her propped up on the back of the -- yeah, I 2 think he did actually, Manny. Manny says he 3 ran against Eleanor Roosevelt. He had her 4 propped up and brought her into the gas 5 station when she was sitting on the back of 6 the convertible and there's Eleanor Roosevelt 7 as you were fueling up the car and, you know, 8 you really were one of the first reformers, or 9 of that generation of reformers and in taking 10 on the old pop political structure of Tammany 11 Hall -- I also thought it was fun a couple of 12 years ago seeing you at a Hell's Kitchen 13 fund-raiser, and I think that was the night I 14 asked you in the '70s if you were ever called 15 Franzie during the popular Happy Days years. 16 I almost got a smile out of him for that one. 17 In any event, whether you're 18 entitled the last of the beatniks, whether 19 you're entitled a throwback to a forgotten 20 era, I want to say that certainly and quite 21 candidly as a Democrat, I appreciate what you 22 bring to this chamber in terms of our 23 principles and as time goes on and as we 24 meander back, the pendulum swings from 25 liberalism to conservatism, you have been a 1 constant. You have been a constant with 2 respect to those constituencies that brought 3 you to this chamber and you've never forgotten 4 it and you've never forgotten the principles 5 that you believed in so many years ago when 6 you got active in politics and you are, you're 7 tireless. You are a tireless advocate, and I 8 admire -- believe me, I admire your fortitude 9 and, you know, serving on this side of the 10 aisle, I will say, is no easy chore and there 11 are times when you scratch your head and you 12 wonder, you know, what really am I doing here 13 and can I really get anything done and I have 14 to say, Franz, that you are a great role model 15 with respect to what you can do from this side 16 of the aisle. It sure takes an awful lot of 17 fortitude. It takes tenacity. You've shown 18 that but you've also shown, when you stay 19 committed to the things you believe in, every 20 now and then you can poke and prod enough to 21 get those folks who are rolling the rock up 22 the hill to maybe roll it in a little 23 different direction, to influence the debate 24 and really, I guess when you sum it all up, 25 that's, if nothing else, the role of those of 1 us who sit on this side of the aisle and I 2 want to thank you for that, and I think we all 3 on both sides of the aisle owe you a great 4 debt of gratitude for that. 5 And so for all those reasons, 6 I'm certainly going to miss you and we hope 7 that you won't go too far. In fact, we should 8 hold Senator Goodman, seeing that he's got 9 some juice of his own in Washington, maybe 10 helping out in a bipartisan fashion to getting 11 you what I believe would be a great benefit. 12 If you do end up serving in Washington to this 13 country, and I hope and look forward to seeing 14 you there and to working with you in whatever 15 capacities, either public or private sector, 16 that you continue in your career to pursue. 17 Thank you. 18 ACTING PRESIDENT LEICHTER: 19 Senator Smith. 20 SENATOR SMITH: Thank you, Mr. 21 President. 22 I'm going to be something 23 you've never been and that's brief. 24 Franz, you have been the 25 conscience of this body even though many times 1 we were all unconscious late into the evening 2 or into the early morning when all of us were 3 sleeping and the bills were coming through at 4 the last day of session, you were busy 5 debating and we were trying to go home, but 6 you have truly been the torchbearer and the 7 beacon for truth and justice, while many of us 8 were struggling out of darkness. 9 You will truly be missed, 10 Franz, and I hope that in your leisure time 11 you can spend some time with all of us who are 12 a little -- have a little less seniority and 13 teach us how to be as tenacious as you have 14 been, and the only thing that I can say, I'm 15 sorry to see all of you go, but I'm so glad 16 that my license plate numbers are going down. 17 ACTING PRESIDENT LEICHTER: 18 Senator Seward. 19 SENATOR SEWARD: Thank you, Mr. 20 President. 21 I must say that to call you 22 "Mr. President" for this brief time today is 23 something very special and very much deserved 24 on your part. 25 I appreciate, Franz, your 1 calling me Senator Seward because I recall my 2 first encounter with you, at least on this 3 floor, as you were beginning to question me on 4 one of my very first bills that passed in this 5 house some 12 years ago, you referred to me as 6 Senator See-ward and I was quick to say, it is 7 Senator Seward, Senator Lickter, but having 8 said that, I'll follow in the lead of Senator 9 Smith and be brief here tonight because this 10 is appropriate, Franz, that as we close down 11 another session, wouldn't you know it, it's 12 Franz Leichter that's delaying the end one 13 more time. 14 In all seriousness, there have 15 been so many issues that have come before this 16 house where we have disagreed and I have 17 questioned your judgment and how you viewed a 18 matter, but one thing that I have never 19 questioned is Franz Leichter's commitment and 20 dedication to the people that he -- that you 21 represent and your commitment and dedication 22 to the principles in which you believe, and 23 that's something that all of us, Franz -- even 24 though we may come to different conclusions on 25 issues -- your commitment and dedication is 1 something that we all should emulate. 2 So, Franz, we're going to miss 3 you in this chamber, in all seriousness. 4 We're going to miss you in the lounge because 5 whatever disagreements may occur on this 6 floor, you have always been a very warm, 7 personable human being who I consider a friend 8 and very honored to call you a colleague. 9 ACTING PRESIDENT LEICHTER: 10 Thank you. 11 Senator Holland. 12 SENATOR HOLLAND: Mr. 13 President, there will be a meeting of the 14 Rules Committee immediately in Room 332, 15 please. 16 ACTING PRESIDENT LEICHTER: 17 Senator LaValle. 18 SENATOR LAVALLE: Thank you, 19 Mr. President. 20 It's difficult to speak in the 21 environment of true confessions and the kind 22 of humor that we have. 23 I thought it might be 24 appropriate, Senator Leichter, that I share 25 with the entire body the proclamation that was 1 given to you at the last Higher Education 2 Committee meeting, one that was passed 3 unanimously by the -- by the Committee and the 4 proclamation reads as follows: 5 WHEREAS, the legislative 6 process thrives on the representation of the 7 full spectrum of viewpoints on the merit 8 issues that come before its members; and 9 WHEREAS, the exchange of 10 diverse ideas is most productive when it takes 11 place in an atmosphere of sincerity, candor 12 and respect; and 13 WHEREAS, the standing 14 committees are the locus for the most intense 15 discussion of the issues; and 16 WHEREAS, the quality of the 17 product of the Legislature is dependent on the 18 quality of the discussion of those issues at 19 the committee level; and 20 WHEREAS, Franz Leichter has 21 served as a member of the Senate standing 22 Committee on Higher Education since 1978; and 23 WHEREAS, Senator Leichter has 24 displayed sincere interest, candid involvement 25 and above all dedication to the work of the 1 Committee; and 2 WHEREAS, it is appropriate for 3 the standing committee to pause in its 4 deliberations today at the last scheduled 5 meeting of this committee during his two 6 decades of service to officially acknowledge 7 the contributions of Senator Franz Leichter 8 and to wish him well as he retires and chooses 9 other pursuits. 10 Certainly, Senator, the 11 Committee on that very last day was most 12 enthusiastic in this proclamation, held out 13 great respect for you personally and I thought 14 it appropriate to read it today so the whole 15 membership would know of how at least one 16 committee feels about an outstanding Senator. 17 Thank you. 18 ACTING PRESIDENT LEICHTER: 19 Thank you. 20 Senator Saland. 21 SENATOR SALAND: Thank you, Mr. 22 President. 23 I would have felt terribly 24 remiss if I didn't have the opportunity to 25 join in saluting you here today because it 1 seems to me -- and perhaps this is just a 2 failing on my part -- that virtually every 3 time one of my bills has been laid aside, the 4 person who has laid it aside and debated 5 strenuously in opposition to it has been yours 6 truly, and I must share with our colleagues 7 what I shared with you some two or three weeks 8 ago. 9 I do radio shows in my district 10 regularly and in one of the shows I was doing, 11 your name came up and it came up in the 12 context of some criminal justice bill. I 13 can't remember which it was and it was one of 14 those votes, Senator Leichter, in which it was 15 like 58 to 3 or 57 to 2, whatever it was, and 16 I said to them and I told you as well. I 17 said, the likelihood is philosophically on 18 many, if not most and perhaps -- well, I won't 19 say all issues -- Senator Leichter and I are 20 probably about 180 degrees apart but Senator 21 Leichter is an extraordinarily honorable man 22 who is really a true believer. 23 The positions he takes may not 24 necessarily be the most popular positions if 25 you'll look at the polls, but they are 1 positions which he genuinely believes in and 2 for which he's willing to stand tall when 3 others might prefer to perhaps make a 4 statement but withhold the willingness to do 5 that publicly and unlike our mutual friend and 6 colleague, Senator Gold, for whom I do have 7 great affection who sometimes I think derives 8 great pleasure in tweaking members of us in 9 this -- particularly on this side of the aisle 10 that he does from time to time members on your 11 side of the aisle, I don't think there's ever 12 been an occasion where I have seen you rise on 13 a bill, whether it was one of my bills or 14 somebody's else's bills in which your 15 conviction was not genuine, in which you were 16 not sincere. 17 Certainly nobody here would 18 ever question either your intellect, your 19 integrity or that sincerity and, while I 20 haven't had the good fortune to socialize with 21 you as you and Senator Padavan obviously have 22 had for the longest time, as I mentioned a bit 23 earlier today, Senator Cook and I do regularly 24 for breakfast, other than the occasions, I 25 think Senator Farley referred to our little 1 July 3rd celebrations that we were holding 2 there for awhile, I think I have been the one 3 who has experienced the loss because I'm sure 4 that you are even more engaging on the social 5 side as -- and that's a tough thing because 6 you're very engaging here, used in another 7 sense, Franz, but I never for one minute have 8 ever questioned either your commitment or your 9 sincerity. 10 I would say that with your 11 departure other than the fact as has been 12 commented on sessions making it little shorter 13 but with your departure as well as that and 14 the other colleagues we have saluted here 15 today, the palpable quality of this 16 institution will have been missed. 17 I wish you well and 18 particularly I wish you good health. 19 ACTING PRESIDENT LEICHTER: 20 Thank you. 21 Senator Maltese. 22 SENATOR MALTESE: Mr. 23 President, one thing I learned today with the 24 departure of three giants in the Senate is 25 don't be one of the last ones to speak because 1 there's very little new or innovative to say, 2 but all the same, I think that the tributes 3 certainly to the other gentlemen and yourself 4 are very well deserved. 5 I think perhaps I can make a 6 personal observation that -- and I know I 7 never said it to you before -- that prior to 8 becoming a Senator, I was an associate counsel 9 here for many, many years since the early '70s 10 at least and at a time when as a Senator I 11 might worry about making supper or meeting my 12 wife or going out, when I was here as a 13 counsel, you were and thinking back and trying 14 to remember, I believe the only Senator that I 15 would make a special point of coming into the 16 chamber and listening to as debating and 17 getting a chuckle and enjoying the debate - 18 not to say that I don't enjoy it now, Franz, 19 when it's somebody else's bill, but certainly, 20 Mr. President, the tributes that you have 21 heard today, the accolades are very, very well 22 deserved. 23 I share my good colleague, 24 Senator Saland's observation that with your 25 departure the Senate as an institution is 1 diminished. There's absolutely no question 2 about that. 3 You're a man of honor, 4 integrity, principle. I salute you and will 5 miss you here in the Senate. 6 ACTING PRESIDENT LEICHTER: 7 Senator Rath. 8 SENATOR RATH: Mr. President, 9 Senator Leichter, I rise to join my colleagues 10 in wishing you well as you leave this 11 chamber. 12 The few times that we have been 13 on our feet and standing across from each 14 other have been memorable for me because I 15 knew I was working with someone who really, 16 really believed in the issue that we were 17 debating and our constituencies -- and I love 18 the way the members of Parliament refer to 19 their constituencies as if you can get your 20 hands around it and really kind of identify 21 what it is. 22 Our constituencies, I'm sure, 23 are very different, but I don't think there 24 was ever a time that I ever heard you debating 25 -- well, maybe I shouldn't say "ever", but 1 rarely that it was not the process in what was 2 going to be done with the issue, not the issue 3 itself or what the goal or what the purpose 4 was, because our constituencies, many and 5 varied though they be, they're people and 6 they're people who live in the state of New 7 York and they have needs and they pay taxes 8 and we all agree as we try to get further 9 along the process of governing and your 10 dedication to that has been so clear, as 11 everyone has said today, and we are as we all 12 know committed to be a nation of laws and your 13 commitment to be sure that as these laws go 14 forward that they are not faulty, that they 15 are not lacking, has been so exemplary and 16 truly if you leave a legacy, that is what you 17 leave. 18 You leave us not only with a 19 realization that we can't leave these things 20 faulty and lacking but we also need to be 21 vigilant and that's what you have been, 22 constantly vigilant not only on behalf of your 23 constituency but on behalf of the law and that 24 is a noble, noble gesture to have made and a 25 wonderful legacy to leave behind us -- leave 1 behind you for us to treasure. 2 So good luck, good health and 3 come visit often. 4 ACTING PRESIDENT LEICHTER: 5 Thank you. 6 Senator Nozzolio. 7 SENATOR NOZZOLIO: Mr. 8 President, I first wish to disassociate myself 9 from all the nice things said about you, 10 Franz, and secondly as Will Rogers said, he 11 never met a man he didn't like. Well, I think 12 Franz Leichter never saw a Nozzolio bill that 13 he did like but, Franz, all kidding aside, you 14 are a very quality legislator and it's been, I 15 don't want to say a pleasure doing battle with 16 you, but it has been an honor in the sense 17 that we represent our constituencies and you 18 certainly represent your constituency 19 extremely well, and I say this with all 20 sincerity that you are a fine legislator, a 21 fine representative and that you made this 22 place a place that is such a great place and 23 I'm going to put you on my mailing list to 24 ensure that you know exactly what we're doing 25 in your absence and I hope -- we'll probably 1 be passing the same bills 60 to 1 but, Franz, 2 you've done a great job and it's been a 3 pleasure serving with you. 4 ACTING PRESIDENT LEICHTER: 5 Thank you. 6 Senator Stavisky. Please sit 7 down, Senator Stavisky. 8 SENATOR STAVISKY: Thank you. 9 This has been quite a day to 10 see two Senate presidents, Emanuel Gold and 11 Franz Leichter whom I never expected to be 12 achieving that status. Good things are 13 happening. Remarkable things are happening. 14 Now we should make it happen in reality, but I 15 believe that your departure and Manny Gold's 16 departure and Charlie Cook's departure does 17 diminish this chamber. All of you have served 18 with great distinction. 19 I've served with you, Franz and 20 Manny, in the Assembly before coming to the 21 Senate and Manny was a counsel to Majority 22 Leader Moses Weinstein and you entered into 23 the political process at about the same time. 24 You entered into the Assembly and when they 25 tried reapportioning you, you said, "I will 1 not allow that to happen," and you chose to 2 run against the individual whom you felt was 3 responsible for your gerrymandering to have 4 your own district, and I respected the way you 5 did it. I respected also the outcome because 6 you made a difference. You came. You took an 7 unfortunate, unfair situation and you made it 8 right by winning. 9 Franz, you have won many 10 achievements. You have won every time you 11 have risen in this chamber. You have won 12 every time you have questioned a bill. You 13 have succeeded an individual whom you may not 14 know by the time of Harvey Strelzin who read 15 every bill and one time it was reported that 16 he read a bill in the bathtub and he said, "I 17 read this bill and the water turned cold as a 18 result of my reading of this bill." 19 I don't know if you read in the 20 bathtub but you read the bills carefully, 21 intelligently, judiciously. I wish that we 22 had the opportunity not to lose you and - 23 what's his name -- you and Manny at the same 24 time, and Charlie. Mr. Chairman, all of you 25 are leaving at about the same time, but I 1 think it has been a remarkable experience. 2 You have enhanced the Legislature with your 3 probing questioning, with your intelligence, 4 with your commitment to issues of human 5 rights, equal rights, tenants' rights, the 6 rights of the underdog, transit issues, 7 environmental issues, higher education issues, 8 all of these inure to the advantage of this 9 chamber. 10 I wish for you great 11 happiness. I know there has not always been a 12 happy private life but you have overcome the 13 adversities and you have made it possible for 14 us to capture some of the sense of commitment 15 and excellence. 16 I don't know how many times I 17 questioned what you were doing. Sitting 18 alongside of Franz Leichter is no easy job. 19 He will probe you. He will seek to have you 20 vote the way he does. Not always but 21 occasionally I have done that, but I have done 22 it with the knowledge that he is right more 23 often than he is wrong, and I remember how 24 many times in the middle of the night on the 25 final days of the session he would ask for the 1 budget, the Legislative Budget to be rewritten 2 so that the people would have a chance to know 3 what it contained. 4 Franz, sit down. We have to 5 finish today. We will not finish if you 6 aren't successful at getting the Legislative 7 Budget to be redrafted. No. He wanted to 8 make the point and he did. 9 Franz, we are losing 10 intellect. We are losing character. We are 11 losing two places and two precious gifts in a 12 departure on this side of the aisle of you and 13 Manny Gold. 14 You both served with me in the 15 Assembly, or I should say I served with you. 16 I was with Manny when he was an Assemblyman. 17 I was with you when you were a member of the 18 Assembly, and I watched you come here and 19 distinguish this body by your presence. 20 There's nothing more that I can 21 say except to thank you profusely for the many 22 times you enabled me to be recorded as present 23 on the first day of each week. How did that 24 happen? You have to be here before 5:00 25 o'clock and I knew that once you got up to 1 speak, I would have ample opportunity to come 2 in and be recorded in this chamber. 3 Thank you, friend. Thank you 4 very much and we all thank you for your years 5 of service. May you continue to serve in 6 whatever capacity you choose, and I don't 7 understand why the two of you had to leave at 8 the same time. You have diminished the 9 intellectual quotient of this chamber by your 10 departure. I'm not sure that the replacements 11 will measure up to your abilities, but I hope 12 they will. I hope we still can hope that 13 there will be a future and that you will have 14 a future in the public service or in the 15 private practice of law, and I hope Manny Gold 16 will, but whatever you choose to do, I know 17 this is a carefully conceived, thought out 18 plan and I know you don't do it willingly. 19 You do it reluctantly because you will miss 20 what goes on in this chamber. You may not 21 miss the votes but you will miss the exchange, 22 the interplay of friendship and capacity. 23 Good luck. Good luck. Good 24 luck. I wish you all as you depart good luck, 25 and I wish for the rest of us to learn 1 something from you from your years of service 2 to the government. 3 Thank you very much. 4 ACTING PRESIDENT LEICHTER: 5 Thank you. 6 Senator Gentile. 7 SENATOR GENTILE: It is 8 certainly a pleasure to address one of the 9 titans of the Senate as Mr. President. 10 Senator, I bid you farewell 11 from the perspective of a freshman. As a 12 freshman Senator, certainly you have impressed 13 me tremendously and have taught me many things 14 that a legislator should know in approaching 15 pieces of legislation. 16 Let me say that we do share a 17 party affiliation but, as you know, the 18 district that I represent in both Brooklyn and 19 in Staten Island tends to be somewhat more 20 conservative than the district that you 21 represent in Manhattan. 22 So many times and often we 23 would part ways on actual votes and each and 24 every time I would speak to you about that, 25 you were extremely understanding. You were 1 certainly very concerned about my future here 2 and certainly you -- we have spoken many times 3 about the fact that we might both be Democrats 4 but have certain philosophies in representing 5 our districts. 6 So I appreciate your 7 understanding on those -- on those -- on those 8 times and I have to say to you that the skill 9 that I've seen you perform in reading - 10 reading bills and coming up with the questions 11 as you read the bills has been so amazing to 12 me because I can -- I know how sometimes it is 13 difficult to read through the language here 14 and there are certain skills you learn as an 15 attorney but there are also certain skills 16 that you need to learn as a legislator. You 17 perform those skills. You showed me those 18 skills. I have not gotten there yet but I'm 19 learning and you helped teach that to me. 20 So along with certainly Senator 21 Cook and Manny Gold, this is really a 22 significant day for the Senate and whereas I 23 don't have the institutional history that many 24 of the colleagues have here today, as a 25 freshman, I wanted to thank you and tell you 1 also as I said to Senator Gold, what a 2 pleasure it's been, a special pleasure it's 3 been to have this part of my career to share 4 and learn from you. 5 Congratulations. Thank you. 6 ACTING PRESIDENT LEICHTER: 7 Senator Waldon. 8 SENATOR WALDON: Thank you very 9 much, Mr. President. 10 Where have all the young men 11 gone? Long time debate. I wasn't here when 12 we paid homage to Charlie Cook, an icon and a 13 giant in his own right, and Manny Gold who is 14 equally of stature. So before I address my 15 words in regard to Franz Leichter, let me say 16 to both of you gentlemen that I have indeed 17 been pleased to serve with you, to be a part 18 of the process that you made work so well on 19 behalf of the people of the state of New York 20 and though you are on opposite sides of the 21 aisle, the passion and compassion that you 22 brought here on behalf of your constituents 23 was well recognized and I'm sure was well 24 appreciated by your constituency and as well 25 by those of us who had to rub shoulders with 1 you on a daily basis. We'll miss the both of 2 you. 3 What is America to me? The 4 house I live in, the people that I meet, the 5 baker, the butcher and the young man down the 6 street who escaped the Holocaust and came to 7 America in a very pain situation leaving his 8 mother to die in a concentration camp, rising 9 above that beginning and taking these streets 10 not paved with gold but paved with opportunity 11 and saying, "I too can be an American. I too 12 can achieve. I too can be somebody," and he 13 became somebody and he sat not only in the 14 chamber down the hall but in this august body 15 and he became, in my opinion, the conscience 16 of the Senate -- not the gadfly, the 17 conscience. 18 There was a time when the 19 philosophy of Franz Leichter permeated this 20 place. There were extremely liberal people in 21 this place some years past. Regrettably, in 22 my opinion, such is not the case now but 23 that's okay. Life goes on. Legislation goes 24 on, but he was special because he had a 25 liberal approach, an inclusive approach, an 1 approach with pride in us to really rethink 2 some of the positions we've taken here not 3 only on that side of the aisle but this side 4 of the aisle. He was the guy who reminded us 5 that maybe we ought to look at things a little 6 differently. 7 So my reflections upon you, 8 Franz, will be that you were somehow my 9 conscience. You were a guy that caused me to 10 say, Gee whiz, did I do the right thing? 11 Despite the fact that I thought 12 I read the bill and I understood it, did I do 13 the right thing because Franz Leichter was not 14 on the same page with me and we will miss 15 that, and I think this institution will be 16 hurting because we do not have such a voice, 17 such a liberal persuasive voice amongst us. 18 So as you leave, as you depart, 19 whatever you do in life, I'm sure you will be 20 able to impact people as you have done here in 21 a very positive fashion, a very caring and 22 sensitive fashion, and I know that you are the 23 representative of the best that we have to 24 offer. To come here as an immigrant and to 25 achieve what you have achieved is a singular 1 distinction. 2 ACTING PRESIDENT LEICHTER: 3 Senator Breslin. 4 SENATOR BRESLIN: Thank you, 5 Mr. President. 6 I will be very brief not 7 because I don't have a great deal to say but 8 everything has been said already. 9 When I hear Senator Waldon or 10 Senator Saland, they talk about you as a 11 conscience. I think about each piece of 12 legislation and many of us, Democrat and 13 Republican, labor over it in terms of how will 14 it be with our constituents. Will they accept 15 what we do, and I have never heard you say 16 that. 17 Your concern is, is it good 18 government and does it help humankind, and 19 you've taught me some significant lessons, 20 some lessons that I have to reflect on more 21 and I'm sure it's taught many of us here the 22 same lessons, when you are the only veto, the 23 only no vote, whether we should be part of 24 that as well. 25 You've taught me some important 1 lessons during my first two years and 2 hopefully they will last throughout my time 3 here. 4 Thank you. 5 ACTING PRESIDENT LEICHTER: 6 Senator Abate. Senator Abate is out of the 7 chamber. 8 Senator Maziarz. 9 SENATOR MAZIARZ: Thank you 10 very much, Senator Leichter. 11 I believe it was Senator 12 Stafford who alluded earlier, Mr. President, 13 to the fact that this was in some respects 14 both a very pleasant day and that we all know 15 that we are going to be back home now on a 16 more regular schedule after today and a very 17 sad day in the respect that we are losing 18 really three giants in this institution. 19 Senator Leichter, I have only 20 been here for three years and you certainly 21 and many other members alluded to your history 22 in this body as a fighter for the causes in 23 which you believe, and I think that there 24 could be no higher calling than to come here 25 day after day knowing that you were probably 1 not going to be very successful but to 2 continue that fight for all the years that you 3 have continued the fight for the causes in 4 which you believe. 5 Senator, I'm not sure you're 6 aware of this or not, but I am not a very big 7 fan of Industrial Development Agencies, and I 8 was speaking one time to a group and I said 9 that, although there are many good Industrial 10 Development Agencies out there, I thought for 11 the most part there were some very bad ones 12 out there too and in some instances I 13 considered them to be nothing more than an 14 opportunity for lawyers to fill their pockets 15 with money, and somebody said to me after I 16 made that comment that they said, You sound 17 like Franz Leichter, and I think that they 18 meant it as a compliment, Senator, and I just 19 want to compliment you for all the years of 20 service that you've given to the people of 21 this state of New York, and I know 22 particularly for the city of New York a dear 23 love of yours personally certainly and wish 24 you well in your retirement. 25 Thank you, Mr. President. 1 ACTING PRESIDENT LEICHTER: 2 Senator Abate. 3 SENATOR ABATE: Mr. President, 4 Franz, I have known you for close to 20 years 5 and I see you in probably a different light 6 than many other people see you because I knew 7 you as a community activist and what people in 8 this chamber do not know about you is how much 9 you are respected and adored within your 10 community. 11 I don't think there's any other 12 elected official in Manhattan that is 13 respected more than you are as a fighter. If 14 there's an issue that you're not involved 15 with, everyone says, well, it's not an 16 important issue. If it's an important issue, 17 Franz Leichter is there not only involved but 18 providing leadership on that issue. 19 So if there were a poll 20 conducted in Manhattan asked of the residents 21 of Manhattan who is the most beloved elected 22 official; who represents the ideals of the 23 Democratic Party; who is the most courageous 24 fighter for the people in their communities 25 and fights for better and stronger 1 communities, it would be Franz Leichter. 2 So when I came -- see, it's 3 Manhattan. That's why -- you're in Queens. 4 Okay. Yes. I hope in all due respect for 5 everyone else elected in Manhattan. And so 6 when I came here, I thought, Oh, Franz 7 Leichter can't live up to that reputation in 8 the community and I was extraordinarily 9 surprised to see even after how many decades 10 Franz Leichter has not tired for a minute. 11 Day after day I never saw how you got that 12 energy and where it came from, that year after 13 year you would debate the same bill with the 14 same kind of vigor, the same kind of 15 commitment to educate maybe one more person to 16 vote against the bill, and I admire you for 17 your tirelessness, your energy and your 18 commitment to the principles you believe in. 19 When people say in Manhattan, 20 Franz Leichter is the conscience of the 21 Democratic Party, it is so very true. I've 22 seen you in the community. I now see you in 23 the state Senate. Every day you live up to 24 that reputation. 25 What I have learned about you 1 is that you love fine food and love wine. You 2 are a very good tennis player, and I'm glad 3 that on occasion you let me beat you, and I 4 know that today while you'll be leaving this 5 chamber, I'll have many wonderful 6 opportunities to see you, to work with you, to 7 see you in the community because I know you 8 will remain active for many, many years to 9 come. 10 So, Franz, it's been a pleasure 11 to see you at a distance, to see you close up, 12 to call you a friend. I am very proud that 13 you've been part of the Democratic Party, part 14 of the Manhattan leadership, part of what's 15 best about New York City. 16 I wish you very, very good luck 17 in the future. 18 ACTING PRESIDENT LEICHTER: 19 Thank you. 20 To close this debate, Senator 21 Connor. 22 SENATOR CONNOR: Thank you, Mr. 23 President. 24 Mr. President, it really hasn't 25 been much of a debate, somewhat totally one 1 sided it's been as members express their very, 2 very special regard, respect and affection for 3 you. 4 I have on this floor many times 5 -- and let me say because I haven't said it 6 publicly today, I certainly -- and I think the 7 members of the Minority are certainly 8 appreciative that Senator Bruno has accorded 9 this almost unprecedented opportunity and 10 recognition to two members of the Minority who 11 have served us for many, many years and while 12 some other members may be leaving, these two 13 members as well as, of course, Senator Cook - 14 but he's gotten to preside before having been 15 in the Majority -- these members have served a 16 total of so many, many years each. I can last 17 -- and if I may humbly say in suggesting this 18 the other day, I was -- my recollection was 19 the last time this had happened was Senator 20 Jeremiah Bloom was called to preside some 20 21 years ago when the Senate was, indeed, 22 meeting, I believe in one of the hearing rooms 23 in the LOB in December of 1978 because this 24 chamber was being -- was under renovation, and 25 I guess after 20 years here you have these 1 flashbacks and can remember exactly where you 2 were on what date in December 1978, but -- and 3 I think it was important that we do this and 4 Senator Bruno's not here, but I know he must 5 be listening somewhere, that we do this today, 6 the last regular day of session because it was 7 some four years ago when we left here in 8 certitude that, well, we would be back in 9 December and have a chance, I guess to say 10 farewell to my predecessor as leader, Senator 11 Ohrenstein, who served here for some 30-some 12 years and we never came back in December. So 13 it never happened and it saddened many of us 14 that we couldn't on the floor recognize his 15 departure. 16 But Senator Franz Leichter, I 17 came here 20 years ago, a Brooklyn Heights 18 reformer, well admonished by my constituents 19 to look not to our previous Senator Marchi who 20 once had Brooklyn Heights, he was too 21 conservative but rather than to look at the 22 West Side. Don't emulate Ohrenstein. He 23 became leader. Therefore, you couldn't trust 24 him as a reformer. I was to follow the 25 guidance of Senator Franz Leichter, the 1 conscience of the Senate. 2 I confessed to not always 3 following that guidance, indeed to depart down 4 a slightly different path somewhere along the 5 way in my younger days, but what I have always 6 tried to follow is the kind of enthusiasm, 7 conscientious application to the people's work 8 that Franz Leichter has epitomized. 9 You know, we talk about 10 courage. We talk about forms of courage and 11 let me tell you something. I think all of you 12 who serve here, all of us who serve in public 13 office exhibit a type of courage and when you 14 talk to what I call civilians, people who 15 haven't been in the political world, who 16 haven't run for office and you sometimes tell 17 them what it's like in a candid way, they go, 18 What? You put up with what? People say what 19 about you or to you? So it does take courage 20 to put yourself forward, to risk defeats 21 because we all risk defeats as well as trying 22 to grasp wins and victory, but a special kind 23 of courage is when you serve in an institution 24 for many, many years and you're willing at 25 4:00 or 5:00 in the morning when all the 1 people you serve with, socialize with while 2 we're up here in Albany, people who are your 3 friends are literally groaning, please, who 4 cares if the bill is a giveaway and who cares 5 and you have the courage to say, Look, it's 6 what's right. You do it in a way that 7 everybody who's groaning, everybody that night 8 wished perhaps you had a sore throat and were 9 off at the nurse's is looking at you and yet a 10 few minutes later they all smile with such 11 great regard and affection. 12 You've earned that, Mr. 13 President. You've earned that because unlike 14 the stereotypical liberal reformer who must be 15 heard on every important issue large and small 16 and is stereotyped to be humorless, to take 17 himself to seriously, that is not Franz 18 Leichter. Franz Leichter cares. He doesn't 19 care if we're all ready to drop. He voices 20 his concerns but he doesn't really take 21 himself so seriously. He's the first one 22 afterwards to say, well, I did what I had to 23 do but chuckle about it. He's the first one 24 to really -- and let me tell you a secret now 25 that he doesn't have to run for re-election on 1 the West Side. Every now and then he would 2 actually -- and I am grateful as leader of 3 this conference for the last four years - 4 every now and then I could actually go over 5 and say, Franz, and he would say, Okay, I'll 6 sit down. 7 Now, that doesn't mean -- let 8 me qualify that. We still have a couple hours 9 to go here. That doesn't mean I'm accepting 10 responsibility for Franz Leichter for the rest 11 of this session. I'm not representing to you 12 that I can stop him from debating anything. 13 I'm just telling you it actually worked a 14 couple times. I have no hopes of ever 15 repeating it, particularly under the present 16 circumstances. 17 Franz Leichter, it has been a 18 delight to be your friend, to be your 19 colleague. I have enjoyed not only the times 20 we worked together on the floor and off but 21 the times we have had dinner, shared meals, 22 shared laughs. You are indeed someone who 23 deserves the place you will hold forever in 24 the annals of the New York State Senate and in 25 the hearts of all the Senators. 1 Franz, thank you. I wish you 2 well. I hope to see you in an important role 3 in the future. I know your dedication to 4 public service and your willingness to serve 5 will be ongoing and continuing. 6 Thank you, Franz. 7 ACTING PRESIDENT LEICHTER: 8 Thank you. (Applause) 9 I want to first thank Senator 10 Bruno. After 30 years in the Legislature I'm 11 finally doing something meaningful and 12 productive by presiding and if I had known I 13 was going to have this honor, I would have 14 dressed more traditionally. I would have worn 15 my beatnik love beads but I lent them to 16 Senator Velella. 17 I must say that standing up 18 here you get a really different perspective of 19 the Legislature and of service here, and so 20 on, and I want to ask the Chair of the 21 Election Committee, Senator Maltese, is it too 22 late to circulate nominating petitions? 23 You know, when I sit as people 24 who sit next to me know and I'm trying to read 25 the bills and at the same time trying to keep 1 track of what's happening and I'm a nuisance. 2 I'm always asking what bill are we on, what's 3 happening. I must tell you as I stood up 4 here, I wanted to turn to somebody and say, 5 who are they talking about? You've really 6 been most generous, most gracious. You all 7 exaggerate extremely well. 8 I just want to say I think 9 you've shown much more patience over the years 10 that I have been here than I have. You've 11 taught me a lot more than I think I've taught 12 you and you've given me a lot more than I've 13 given you. 14 I really marvel how -- because 15 I know I have been a hair shirt and that's 16 maybe one of the kind expressions but how 17 fairly you've treated me and with the respect 18 you've treated me and above all with the 19 friendship that you've given to me. 20 It's indeed a wondrous thing, 21 somebody who came here having fled the 22 Holocaust, uprooted, arrived on these shores 23 without any means, any resources and yet to be 24 embraced by this country, to be given the 25 opportunity that I was given and finally to 1 end up to serve in this Legislature and to 2 have you as my colleagues and to work with 3 you, it's indeed just so remarkable and I'm so 4 grateful to all of you and I'm so grateful to 5 so many people here in the Capitol, and I 6 first really want to thank somebody who has 7 been so special, and I think all of us 8 recognize that what makes us effective is 9 because of the staff that we have and their 10 dedication and I have been particularly 11 blessed. I have just had a wonderful person 12 all these many years and I want to take the 13 privileges of the Chair to ask her to stand 14 up, Pat Gioia, who's been with me for 20 15 years. (Applause) 16 There's so many people to thank 17 and I can't possibly thank them all. I see 18 that some of my Assembly colleagues are here 19 and I want to thank really all of the service 20 people that make the Legislature function. 21 Obviously the desk here, and I've often 22 thought as I drone on and on in endless 23 debates, they're so patient but all the people 24 that made -- that enable us to function from 25 the cleaning persons to the elevator 1 operators, and I want to tell you, in my 30 2 years here, I cannot remember one instance 3 when any staff person was other than helpful, 4 cooperate -- cooperative, unfailingly 5 friendly. It's really a very special thing. 6 So it's not easy to leave 7 here. You've heard me get up on the floor and 8 at times harangue, but I really love the 9 institution and I particularly love it because 10 of the relationships, because I know I'm 11 working with men and women who, much as we may 12 differ, and yet all have the same aim and 13 purpose and that is really to serve our 14 constituents and to serve the state. 15 Yes, I have had some hardships 16 and I've had some tragedies, but I want to 17 tell you as I stand here and I think of my 30 18 years in the New York State Legislature, I can 19 truly say my cup overruneth. 20 Thank you so much. (Applause) 21 Senator Skelos. 22 SENATOR SKELOS: We're going to 23 return to reports of standing committees 24 because I know there's a report of the Finance 25 Committee at the desk but we would also invite 1 you to stay up there for the controversial 2 calendar, if you would like to also, as long 3 as you understand the rules at that point. 4 If we could return to reports 5 of standing committees, I believe there's a 6 report of the Finance Committee at the desk. 7 I ask that it be read. 8 ACTING PRESIDENT LEICHTER: The 9 Secretary will read the report of the Finance 10 Committee. 11 THE SECRETARY: Senator 12 Stafford, from the Committee on Finance, 13 reports the following nominations: 14 As a member of the Workers' 15 Compensation Board, Agatha Edel Groski, Esq., 16 of Cobleskill. 17 SENATOR STAFFORD: Mr. 18 President, once again I'm so pleased to rise 19 and once again compliment the nominee and the 20 Governor for the nomination, excellent, an 21 excellent nomination and I yield to Senator 22 Seward. 23 SENATOR SEWARD: Thank you, 24 Senator Stafford and Mr. President. 25 I'm very pleased to rise to 1 move the confirmation of Agatha Edel Groski to 2 be a member of the Workers' Compensation 3 Board. 4 Ms. Groski has many, many fine 5 talents and qualities, not the least of which 6 is patience this afternoon in terms of coming 7 to the chamber and being with us for such a 8 long time waiting for her confirmation to 9 occur, but our nominee began her life in 10 Zanzibar, East Africa and in coming to this 11 country received her education, her BS at 12 Marymount College, a Master's in Public 13 Administration from Russell Sage College and 14 her law degree from the Western New England 15 School of Law over in Springfield. 16 Ms. Groski has a very unique 17 background. She started her professional 18 career as a nurse and, in fact, served as a 19 director of nurses at the Eden Park Nursing 20 Home in Cobleskill and moved through the ranks 21 of administration to become administrator of 22 that facility for a ten-year period. 23 After completing law school, 24 she pursued a career in the law and most 25 recently has been with the state Labor 1 Department as an administrative law judge at 2 the hearing level, hearing and deciding cases 3 on all unemployment issues. 4 Mr. President, our nominee is 5 uniquely qualified to become a member of the 6 Workers' Compensation Board. She has dealt 7 through her career in personnel matters, labor 8 issues as an administrator. She's a people 9 person. There's no question about that and, 10 in most recent years, has become very well 11 versed in the Labor Law. 12 So I rise, Mr. President, to 13 move the confirmation of Agatha Edel Groski. 14 I also rise to congratulate the Governor on 15 making such an outstanding selection and to 16 congratulate Agatha on this new venture for 17 her. I know it will be an opportunity for her 18 to continue her service and it's also an 19 opportunity for the people of this state who 20 will be very well served by our nominee. 21 Congratulations, Agatha. 22 ACTING PRESIDENT LEICHTER: The 23 question is on the confirmation of Agatha Edel 24 Groski as a member of the Workers' 25 Compensation Board. All in favor signify by 1 saying aye. 2 (Response of "Aye".) 3 Opposed, nay. 4 (There was no response.) 5 The ayes have it. 6 Agatha Edel Groski is hereby 7 confirmed as a member of the Workers' 8 Compensation Board. 9 I'm advised that Ms. Groski is 10 here and on behalf -- and on behalf of the 11 members of the Senate, I want to congratulate 12 you. I understand that you are mostly joined 13 by members of her family and I'm glad that 14 they were here to see this confirmation. 15 Congratulations. 16 (Applause) 17 The Secretary will read. 18 THE SECRETARY: As a member of 19 the Housing Finance Agency: John B. Mannix, 20 of New York City. 21 SENATOR STAFFORD: Move the 22 confirmation, please. 23 ACTING PRESIDENT LEICHTER: The 24 question is on the confirmation of John B. 25 Mannix as a member of the Housing Finance 1 Agency. All in favor signify by saying aye. 2 (Response of "Aye".) 3 Those opposed say nay. 4 (There was no response.) 5 John B. Mannix is confirmed as 6 a member of the Housing Finance Agency. 7 The Secretary will read. 8 THE SECRETARY: As a public 9 member of the state Banking Board: Santa 10 Albicocco, Esq., of Oyster Bay and Wesley 11 Chen, Esq., of New York City. 12 ACTING PRESIDENT LEICHTER: The 13 question is on the - 14 SENATOR STAFFORD: Move the 15 confirmation, please. 16 ACTING PRESIDENT LEICHTER: 17 Good. The question is on the confirmation of 18 Santa Albicocco as a public member of the 19 state Banking Board and also on the 20 reappointment of Wesley Chen as a member of 21 the state Banking Board. All in favor signify 22 by saying aye. 23 (Response of "Aye".) 24 All those opposed say nay. 25 (There was no response.) 1 Santa Albicocco and Wesley Chen 2 are confirmed as members of the state Banking 3 Board. 4 The Secretary will read. 5 THE SECRETARY: As members of 6 the Administrative Review Board For 7 Professional Medical Conduct: Stanley L. 8 Grossman, M.D., of Newburgh and Theresa G. 9 Lynch, M.D., of Pittsford. 10 SENATOR STAFFORD: Move the 11 confirmation. 12 ACTING PRESIDENT LEICHTER: The 13 question is on the confirmation of Stanley L. 14 Grossman and Theresa G. Lynch as members of 15 the Administrative Review Board For 16 Professional Medical Conduct. All in favor 17 signify by saying aye. 18 (Response of "Aye".) 19 Opposed, nay. 20 (There was no response.) 21 Stanley L. Grossman and Theresa 22 G. Lynch are confirmed as members of the 23 Administrative Review Board For Professional 24 Medical Conduct. 25 The Secretary will read. 1 THE SECRETARY: As a member of 2 the Central New York State Park, Recreation 3 and Historic Preservation Commission: Sandra 4 Murphy Mead, of Endicott. 5 SENATOR STAFFORD: Move the 6 confirmation. 7 ACTING PRESIDENT LEICHTER: The 8 question is on the confirmation of Sandra 9 Murphy Mead as a member of the Central New 10 York State Park, Recreation and Historic 11 Preservation Commission. All in favor signify 12 by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 Sandra Murphy Mead is confirmed 17 as a member of the Central New York State 18 Park, Recreation and Historic Preservation 19 Commission. 20 The Secretary will read. 21 THE SECRETARY: As a member of 22 the Palisades Interstate Park Commission: Ann 23 O'Sullivan, of Stony Point. 24 SENATOR STAFFORD: Move the 25 confirmation. 1 ACTING PRESIDENT LEICHTER: The 2 question is on the confirmation of Ann 3 O'Sullivan as a member of the Palisades 4 Interstate Park Commission. All in favor 5 signify by saying aye. 6 (Response of "Aye".) 7 Those opposed say nay. 8 (There was no response.) 9 The nominee, Ann O'Sullivan, is 10 confirmed as a member of the Palisades 11 Interstate Park Commission. 12 The Secretary will read. 13 THE SECRETARY: As a member of 14 the Taconic State Park, Recreation and 15 Historic Preservation Commission: Ralph 16 O'Dell, of Putnam Valley. 17 SENATOR STAFFORD: Move the 18 confirmation. I'm sorry. 19 ACTING PRESIDENT LEICHTER: The 20 question is on the confirmation of Ralph 21 O'Dell as a member of the Taconic State Park, 22 Recreation and Historic Preservation 23 Commission. All in favor signify by saying 24 aye. 25 (Response of "Aye".) 1 Those opposed say nay. 2 (There was no response.) 3 Ralph O'Dell is confirmed as a 4 member of the Taconic State Park, Recreation 5 and Historic Preservation Commission. 6 The Secretary will read. 7 THE SECRETARY: As director of 8 the New York State Environmental Facilities 9 Corporation: Lelia M. Wood-Smith, of Rye. 10 SENATOR OPPENHEIMER: I would 11 like to be heard, please. 12 ACTING PRESIDENT LEICHTER: 13 Senator Oppenheimer. 14 SENATOR OPPENHEIMER: She 15 actually pronounces the name Lelia Wood-Smith 16 and she is a good friend of mine, which is not 17 a credential. Rather a credential is that she 18 is a brilliant environmental law lawyer, and 19 she has been the founder of various 20 environmental practices and land usage laws 21 which have served us very, very well in 22 Westchester County. She's been creative in 23 her litigation and has done many services for 24 both local, state and federal agencies. 25 The planning tools that she has 1 developed, some of them have been amongst our 2 most creative concepts, including conservation 3 easements which help us protect sensitive 4 environmental areas while not costing us a big 5 bundle. 6 So I think this is the perfect 7 person for this job and I don't think you 8 could find a better person. 9 ACTING PRESIDENT LEICHTER: The 10 question is on the confirmation of Lelia M. 11 Wood-Smith as director of the New York State 12 Environmental Facilities Corporation. All in 13 favor signify by saying aye. 14 (Response of "Aye".) 15 Those opposed say nay. 16 (There was no response.) 17 Lelia M. Wood-Smith is 18 confirmed as a director of the New York State 19 Environmental Facilities Corporation. 20 SENATOR SKELOS: Mr. President. 21 ACTING PRESIDENT LEICHTER: 22 Senator Skelos. 23 SENATOR SKELOS: If we could 24 return to motions and resolutions, I believe 25 there's some housekeeping at the desk. Are 1 there any substitutions to be made? 2 ACTING PRESIDENT LEICHTER: 3 Return to motions and substitutions. 4 The Secretary will read the 5 substitutions. 6 THE SECRETARY: On page 10, 7 Senator Spano moves to discharge from the 8 Committee on Rules Assembly Bill Number 7984-C 9 and substitute it for the identical Third 10 Reading Calendar 350. 11 On page 18, Senator LaValle 12 moves to discharge from the Committee on Rules 13 Assembly Bill Number 10235 and substitute it 14 for the identical Third Reading Calendar 699. 15 On page 19, Senator Leibell 16 moves to discharge from the Committee on Rules 17 Assembly Bill Number 11133 and substitute it 18 for the identical Third Reading Calendar 713. 19 On page 22, Senator Stafford 20 moves to discharge from the Committee on Rules 21 Assembly Bill Number 10844-A and substitute it 22 for the identical Third Reading Calendar 867. 23 On page 27, Senator Present 24 moves to discharge from the Committee on Rules 25 Assembly Bill Number 11091-A and substitute it 1 for the identical Third Reading Calendar 947. 2 On page 27, Senator Rath moves 3 to discharge from the Committee on Rules 4 Assembly Bill Number 10738-A and substitute it 5 for the identical Third Reading Calendar 949. 6 Senator Kuhl moves to discharge 7 from the Committee on Rules Assembly Bill 8 Number 2733-B and substitute it for the 9 identical Third Reading Calendar 400. 10 On page 3, Senator Spano moves 11 to discharge from the Committee on Rules 12 Assembly Bill Number 2986-A and substitute it 13 for the identical Third Reading Calendar 221. 14 ACTING PRESIDENT LEICHTER: The 15 substitutions are ordered. 16 Senator Wright. 17 SENATOR WRIGHT: Thank you, Mr. 18 President. 19 I wish to call up my bill, 20 Print Number 7318-A, recalled from the 21 Assembly which is now at the desk. 22 SENATOR LEICHTER: Secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 737, by Senator Wright, Senate Print 7318-A, 1 an act to amend the Alcoholic Beverage Control 2 Law and others. 3 SENATOR WRIGHT: Mr. President, 4 I now move to reconsider the vote by which 5 this bill was passed. 6 ACTING PRESIDENT LEICHTER: 7 Call the roll on reconsideration. 8 (The Secretary called the roll 9 on reconsideration. ) 10 THE SECRETARY: Ayes 61. 11 SENATOR WRIGHT: Mr. President, 12 I now offer the following amendments. 13 ACTING PRESIDENT LEICHTER: 14 Amendments received. 15 SENATOR WRIGHT: Mr. President, 16 on behalf of Senator Spano, on page number 21, 17 I offer the following amendments to Calendar 18 Number 788, Senate Print Number 6796-B, and 19 ask that said bill retain its place on the 20 Third Reading Calendar. 21 ACTING PRESIDENT LEICHTER: 22 Amendments received, and the bill will retain 23 its place on the Third Reading Calendar. 24 SENATOR WRIGHT: We're working 25 well together, Mr. President. I have one more 1 on behalf of Senator Volker. 2 I wish to call up bill, Print 3 Number 4346-B, recalled from the Assembly 4 which is now at the desk. 5 ACTING PRESIDENT LEICHTER: 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 834, by Senator Volker, Senate Print 4346-B, 9 an act to amend the Penal Law and others. 10 SENATOR WRIGHT: I now move to 11 reconsider the vote by which this bill was 12 passed. 13 ACTING PRESIDENT LEICHTER: 14 Call the vote on reconsideration. 15 (The Secretary called the roll 16 on reconsideration. ) 17 SENATOR WRIGHT: Mr. President, 18 I now move to amend Senate Bill Number 4346-B 19 by striking the amendments made on 4-29 and 20 restoring it to its previous Print Number 21 4346-A. 22 ACTING PRESIDENT LEICHTER: 23 Amendments received. 24 SENATOR WRIGHT: I now move to 25 to discharge from the Committee on Rules 1 Assembly Print 6446-A and substitute it for my 2 identical bill. The Senate bill on first 3 passage was voted unanimously. I now move 4 that the substituted Assembly bill have its 5 third reading at this time. 6 ACTING PRESIDENT LEICHTER: 7 Secretary will read. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 834 substituted earlier, by member of the 11 Assembly Hochberg, Assembly Print 6246-A, an 12 act to amend the Penal Law, in relation to 13 increasing the penalties. 14 ACTING PRESIDENT LEICHTER: 15 Read the last section. 16 THE SECRETARY: Section 6. 17 This act shall take effect on the first day of 18 November. 19 ACTING PRESIDENT LEICHTER: 20 Call the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 61. 24 SENATOR SKELOS: Mr. 25 President. 1 ACTING PRESIDENT LEICHTER: The 2 bill is passed. 3 SENATOR SKELOS: Mr. President, 4 on Supplemental Calendar Number 1, would you 5 please call up Calendar Number 947. 6 ACTING PRESIDENT LEICHTER: 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 947, substituted earlier today, by the 10 Assembly Committee on Rules, Assembly Print 11 11091-A, an act to amend the State 12 Administrative Procedure Act, in relation to 13 notices. 14 ACTING PRESIDENT LEICHTER: 15 Read the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect immediately. 18 ACTING PRESIDENT LEICHTER: 19 Call the roll. 20 (The Secretary called the 21 roll. ) 22 THE SECRETARY: Ayes 61. 23 ACTING PRESIDENT LEICHTER: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 788, by Senator Spano, Senate Print 6796-C, an 2 act to amend the Executive Law, in relation to 3 authorizing criminal history checks. 4 ACTING PRESIDENT LEICHTER: 5 Read the last section. 6 SENATOR SKELOS: Mr. President, 7 is there a message of necessity at the desk? 8 ACTING PRESIDENT LEICHTER: 9 Yes, there is. 10 SENATOR SKELOS: Move to 11 accept. 12 ACTING PRESIDENT LEICHTER: 13 Motion is to accept the message of necessity. 14 All in favor say aye. 15 (Response of "Aye.") 16 Those opposed say nay. 17 (There was no response. ) 18 The message is carried. Read 19 the last -- read the last section. 20 THE SECRETARY: Section 5. 21 This act shall take effect -- Section 5. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT LEICHTER: 24 Call the roll. 25 (The Secretary called the 1 roll. ) 2 SENATOR SPANO: Mr. President. 3 ACTING PRESIDENT LEICHTER: 4 Senator Spano, to explain his vote. 5 SENATOR SPANO: Thank you, Mr. 6 President. 7 Just very quickly, I don't want 8 to see the passage of this bill go by without 9 just making an acknowledgement of a couple of 10 people who are up in the gallery who, while 11 this may be a long day for the members of the 12 Senate, today is just a part of a very long 13 journey that started some time ago when Peggy 14 and Dave Leahy and Pearl Dunn found that their 15 grandchild had been brutally murdered by their 16 care-giver, and this bill that has been called 17 Kyran's law is one that generated a great deal 18 of interest, one that will make sure that we 19 have on the books of this state proper 20 recognition that before people move forward to 21 hire care-givers for their children and 22 nannies for their children that they will, in 23 fact, be able to check on the criminal history 24 and background checks for those individuals, 25 and I just wanted to say that for Peggy and 1 Dave Leahy and for Pearl Dunn and for Sistine 2 Amadeus, who is sitting in the gallery, I just 3 want to say thank you because what they did 4 was take a tragedy that occurred to their 5 family and went on a crusade across the state 6 that resulted in this day where this 7 legislation that they worked long and hard for 8 many, many hours to see passed finally will be 9 on the books of this state, so that what 10 happened to Kyran Dunn will not happen 11 needlessly to other children in this state. 12 So I vote in the affirmative, 13 Mr. President, and just say thank you to the 14 members of the family who are with us 15 tonight. 16 ACTING PRESIDENT LEICHTER: 17 Senator Spano will be recorded in the affirm 18 ative. 19 Senator Oppenheimer, to explain 20 her vote. 21 SENATOR OPPENHEIMER: I also 22 want to acknowledge the work of the Leahy 23 family and the Dunn family and the mother and 24 father of the deceased child who have been in 25 constant contact with us from London almost on 1 a daily basis, where they now reside, although 2 they will be coming back to Rye within the 3 next year, and I think without their efforts 4 we would not have this bill before us today, 5 but I wanted to also pay special thanks to 6 Senator Spano, because without him moving this 7 bill forward, this also would not have 8 happened and also to Tom DiNapoli, Assembly... 9 in the Assembly, for moving it forward and 10 also to the Governor for the Governor's 11 support on this bill. 12 I think it was a massive effort 13 of many people, and it is wonderful to know 14 that now, when someone comes into your house, 15 a total stranger comes into your house to be 16 the care-giver for your child, that you will 17 be able to verify the information that they 18 give to you in the -- when they come to their 19 employment. 20 So I am voting in the 21 affirmative, and it's been a long push, and 22 I'm happy at the just fine conclusion. 23 ACTING PRESIDENT LEICHTER: 24 Senator Oppenheimer will be recorded in the 25 affirmative. 1 Senator Gold, to explain his 2 vote. 3 SENATOR GOLD: Yeah. Mr. 4 President, today has been a very unusual day 5 and a very healthy day, I believe, in regards 6 to the Senate. I remember when I first came 7 to the Senate, we had two dinners every year. 8 One was the Senate Club dinner and one was the 9 Senate dinner, and it was the sitting members 10 of the Senate who would go to dinner and we 11 weren't afraid to admit in public that we 12 liked each other. We weren't afraid to admit 13 that for one night at least this aisle was not 14 a separation, and what makes me think of it is 15 that I think that Senator Oppenheimer was 16 extraordinarily gracious in her remarks. 17 I congratulate Senator Spano, 18 but everyone here knows that, if it wasn't for 19 the work and the dedication of Senator 20 Oppenheimer pushing this issue and bringing it 21 to the floor, that we might not have this bill 22 here today, and in prior years when we had 23 dinner with each other and we admitted we 24 liked each other, we also handled legislation 25 in a little bit different way. 1 So I'm delighted that one way 2 or another, we are passing this bill. I'm 3 going to vote for it, but as someone who may 4 not be invited to that dinner any more, I urge 5 upon all of you who are going to remain, 6 there's no shame in admitting that you like 7 each other and you ought to reinstate that 8 dinner. 9 I vote in the affirmative. 10 ACTING PRESIDENT LEICHTER: 11 Senator Gold will be recorded in the 12 affirmative. 13 Senator DeFrancisco. 14 SENATOR DeFRANCISCO: I'd like 15 to be recorded in the affirmative, and since 16 Senator Gold was talking about a dinner, I 17 just want to let everyone know, this is the 18 last night of the session and the lemon ice is 19 being served. 20 ACTING PRESIDENT LEICHTER: 21 Senator DeFrancisco in the affirmative. 22 Results. 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT LEICHTER: The 25 bill is passed. 1 SENATOR SKELOS: Mr. President, 2 would you please call up Calendar -- on the 3 main calendar, Calendar Number 921, by Senator 4 Marchi. 5 ACTING PRESIDENT LEICHTER: 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 921, by Senator Marchi, Senate Print 5508-A, 9 an act to amend the Public Health Law, in 10 relation to the use by health care providers. 11 SENATOR SKELOS: Mr. President, 12 is there a message at the desk? 13 ACTING PRESIDENT LEICHTER: 14 Yes. 15 SENATOR SKELOS: Move to 16 accept. 17 ACTING PRESIDENT LEICHTER: 18 Motion is to accept the -- the motion is to 19 accept the message of necessity. All those in 20 favor signify by saying aye. 21 (Response of "Aye.") 22 Those against, say nay. 23 (There was no response. ) 24 The message is accepted. 25 Read the last section. 1 THE SECRETARY: Section 2. 2 This act shall take effect on the 180th day. 3 SENATOR DOLLINGER: Mr. 4 President. 5 ACTING PRESIDENT LEICHTER: 6 Call the roll. 7 (The Secretary called the 8 roll. ) 9 ACTING PRESIDENT LEICHTER: 10 Senator Dollinger, to explain his vote. 11 SENATOR DOLLINGER: Thank you, 12 Mr. President. 13 I rise just briefly to commend 14 Senator Marchi for this bill which moves down 15 the road to getting some goals that I think 16 you and I share. I carry a bill which I think 17 I sent you a copy of which would have taken 18 your original bill which would prohibit the 19 use of all latex products and, instead of the 20 Health Department studying that issue, come 21 back to us with an issue -- with a report on 22 the latex allergy problem, a problem that you 23 detected and brought to this chamber, and I 24 think this bill is a way to deal with a 25 growing problem of the latex exposure, and 1 very great problems with latex gloves and 2 other latex problems. 3 I think this is a step other 4 than a total ban and prohibition that we 5 instead give the Health Department the ability 6 to study the ramifications of this and come up 7 with a systemic approach for dealing with this 8 very important health problem. 9 I commend you for seeing this 10 problem, and then I think for the wisdom of 11 letting the Health Department explore this and 12 come up with a recommendation rather than an 13 outright ban. I believe this is what the 14 legislative process should be all about, and I 15 commend you for doing it. 16 ACTING PRESIDENT LEICHTER: 17 Senator Dollinger will be recorded in the 18 affirmative. 19 Senator Marchi. 20 SENATOR MARCHI: Mr. President, 21 I walked in and I heard the number called and 22 I wasn't quite sure of the bill and, in fact, 23 we are -- since there was some expectation of 24 a latex bill, and not only I want to I wanted 25 to, if I was going to address it, say my 1 interest in it was started really and riveted 2 by the rather serious problem I had with my 3 daughter who is an R.N., and has had a very 4 serious time. 5 This can be a fatal ailment. 6 Well, you can't read a newspaper because all 7 newspapers have latex on them. She reads the 8 New York Times and -- on the Internet, and I 9 had this bill going for her, and I was going 10 to call the -- the Health Department, but I 11 received this gracious letter, and you're the 12 one that drove that point home with me, 13 Senator. 14 I asked them if they would put 15 some words together and what I added really, 16 to conduct the study which I think is the most 17 enlightened approach, one that will lead to 18 hopefully some recommendations that we can 19 address in a positive way. But I want to 20 thank, because this -- you were the -- you 21 planted the germ, and I -- I responded to that 22 because I felt you had struck the appropriate 23 note. 24 The only thing I added to it 25 and these words were exactly the words that 1 were put together by the Health Department, it 2 gives them the wide latitude to go into the 3 research and categories and the effects and 4 the serious study and the only things I added 5 to it was that there's an obligation there in 6 the act to report back to the Legislature on 7 March 31st, 19... next year, 1999. 8 So again I -- I am obviously in 9 the affirmative, and again I want to thank 10 Senator Dollinger because he was very 11 helpful. 12 ACTING PRESIDENT LEICHTER: 13 Senator Marchi will be recorded in the 14 affirmative. Call -- announce the results. 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT LEICHTER: All 17 right. Senator Skelos. Oh, the bill is 18 passed. 19 Senator Skelos. 20 SENATOR SKELOS: On 21 Supplemental Calendar Number 2, would you 22 please call up Calendar Number 1568, by 23 Senator Stafford. 24 ACTING PRESIDENT LEICHTER: 25 Secretary will read. 1 THE SECRETARY: Calendar Number 2 1568, by Senator Stafford, Senate Print 7772, 3 an act to amend the Tax Law, in relation to 4 the pledge of sales tax. 5 ACTING PRESIDENT LEICHTER: 6 Read the last section. 7 SENATOR OPPENHEIMER: Mr. 8 President. 9 ACTING PRESIDENT LEICHTER: 10 Senator Oppenheimer. 11 SENATOR STAFFORD: This has 12 been a collegial day and carrying on that 13 collegiality people may be surprised to hear 14 me say this, but I'm closer to Senator 15 Oppenheimer's position concerning this issue 16 than many people would realize. 17 Also the memo in opposition, I 18 agree with it more than someone -- some people 19 would realize. 20 I would share with one and all 21 that the Department of Environmental Conserva 22 tion, and I think they meant well, but led 23 this locality into building this resource 24 recovery facility. As a matter of fact, it 25 was a professor from my alma mater who first 1 started -- or he was one of the first to come 2 out and look at it in a less than positive 3 manner. 4 I will say this: Mistakes after 5 mistakes have been made by DEC, by local 6 government officials, by the principals and 7 I'm going to go, and I'm going to say 8 something probably a bit too extreme, but I 9 wish it to be on the record. Obviously any of 10 us, when we represent our area, we will do our 11 best to be provincial, and I use the word 12 advisedly. 13 This issue has been treated 14 with understanding and a great deal of 15 support. However, unless reason prevails by 16 those in the private sector who are involved 17 and those in the public sector, I think some 18 people are going to be very, very, shall we 19 say possibly not surprised but regret that 20 they did not approach this issue with reason. 21 Now, this bill is -- I know you 22 never should say the final step, but I would 23 suggest maybe we should use the word "final" 24 and this is going to make it possible for a 25 revenue stream which isn't unheard of, and 1 it's going to make it possible to refinance so 2 that at least the localities, the two counties 3 and those who had invested will be able to sit 4 down and come to a reasonable solution. 5 When this bill was first 6 suggested to me, I said forget about it, and 7 if anyone doesn't believe that, ask the local 8 officials that came to see me. Therefore, we 9 are serving notice that although the DEC and 10 the officials, two commissioners who are no 11 longer there, many local officials who are no 12 longer serving, made major mistakes, unless 13 reason prevails, we're going to have a rather 14 serious situation. 15 I suggest that this bill 16 prevail and I will get these remarks and 17 they're going to be sent to the certain 18 individuals, both in the private sector and in 19 the public sector. 20 Thank you, Mr. President. 21 ACTING PRESIDENT LEICHTER: 22 Senator Oppenheimer. 23 SENATOR OPPENHEIMER: I really 24 empathize with the position that Senator 25 Stafford was in, and to say that there were 1 mistakes made all around by Democrats, 2 Republicans, DEC, localities, is true. 3 This is really, and has always 4 been since it was begun, a mess. This was a 5 very, very large incinerator built for 6 Washington and Warren Counties, and it was 7 built with 200 percent cost overruns and it 8 was built three times larger than it should 9 have been built and so they don't have the 10 amount of trash to -- to keep it running sol 11 vently, and so now they're confronting double 12 digit -- double digit, pardon me, real 13 property tax increases to meet their 14 contractual obligations to make up for this 15 waste shortfall because it is so huge; and so 16 Washington County is trying to find a way to 17 help them out of this mess and some of Warren 18 County is also in it, but it's basically 19 Washington County, and as a matter of fact 20 they are -- they do have some pending federal 21 suits that would void the contract. 22 But right now, what this bill 23 deals with is, I think, a very dangerous 24 precedent which is something we've not done 25 before. 1 This would obligate the sales 2 taxes, the entire sales tax of Washington 3 County to help pay off this -- this mess, and 4 other sales tax by-passes are usually 5 extraordinary measures, and they're meant to 6 support municipal debt when there's a city 7 that's in financial trouble or a county. 8 In this case, the bonds here in 9 question would be issued by the Warren 10 Washington IDA, but the obligation -- I'm 11 trying to figure out what I wrote, but the 12 taxpayers would not be the ones who would 13 benefit from the payment of this. When the 14 debt service is retired by contract, this 15 plant is going to revert entirely into private 16 ownership. This is totally different from the 17 experience that we have had in the past where 18 sales taxes have gone to bail out our 19 municipalities or our counties. 20 There are very serious 21 questions involved here and this bill, which 22 allows the counties to turn their sales taxes 23 over one hundred percent to this IDA, and you 24 can just imagine what services that are 25 normally provided with the sales tax money are 1 not going to be provided, so it's really very 2 dubious fiscal policy, to say the least, for a 3 very unsound solid waste decision that was 4 made years ago. 5 This project is disastrous 6 project, I think everyone agrees with that, 7 and I think the fiscal policy is really so 8 questionable that I think we should not be 9 supporting this. 10 In addition, I should mention 11 that the Environmental Advocates do have two 12 smokestacks, which means they feel this would 13 be a substantial detriment to the 14 environment. 15 ACTING PRESIDENT LEICHTER: 16 Senator Dollinger. 17 SENATOR DOLLINGER: Sponsor 18 yield to a question, Mr. President? 19 Through you, Mr. President, I 20 see the EPL memo, and I guess all of our 21 antennas kind of crop up. But let me make 22 sure I understand it. This is currently a 23 working incinerator that was privately funded 24 that has an agreement with these two counties 25 to deliver their trash and they'd pay them for 1 the trash, but now the question of the 2 viability of this private organization is in 3 question. They want to dedicate their income 4 stream to lower the bonding costs for this 5 private entity. 6 Through you, Mr. President. 7 SENATOR STAFFORD: I'll answer 8 the question. 9 SENATOR DOLLINGER: What 10 happens if it goes bankrupt; they have to 11 build a new trash facility? 12 SENATOR STAFFORD: I'll answer 13 the question. 14 First, I would answer the 15 question by saying, and I certainly respect, 16 and as I said when I stood up, my concern, but 17 I would say and again keeping -- no, it isn't 18 my sense of humor, but keeping our 19 understanding here, I stood here and listened 20 and had Judge Rifkin come up here and I had 21 Felix Rohatyn come up here and had a lot of 22 people come up here, and I live on the border 23 of Canada, and I voted for every single bill 24 to support New York City. 25 This is the same type of 1 problem because it will result in two counties 2 being in the same type of situation. I 3 realize there's some other questions, and what 4 will happen if reason does not prevail and 5 this is why I appreciate your question, if 6 reason does not prevail, it will happen just 7 what you said the word, some investors are 8 going to have the situation that you've just 9 suggested, and the county will get by but it 10 will be very, very serious. 11 But I would say to you that I 12 think this is a step in at least keeping the 13 situation viable and, hopefully, we can have 14 some reason here, and I would like to think 15 that and hope that things will move in the 16 direction of really what all of us are hoping 17 for. 18 SENATOR DOLLINGER: Just one 19 other question, Mr. President. 20 ACTING PRESIDENT LEICHTER: 21 Senator Dollinger. 22 SENATOR DOLLINGER: Senator 23 Stafford, does the current operating 24 incinerator meet the current DEC requirements 25 and is it fully licensed? 1 SENATOR STAFFORD: Oh, well, as 2 far as that goes, it's state of the art. 3 SENATOR DOLLINGER: Well, that 4 answers my question. 5 Then, on the bill briefly, Mr. 6 President. 7 ACTING PRESIDENT LEICHTER: 8 Senator Dollinger. 9 SENATOR DOLLINGER: This is one 10 of the few EPL memos that I don't quite 11 understand because what it says is, if there 12 was a bad decision made in the past to build 13 incinerators -- EPL doesn't like incinerators, 14 I don't like incinerators, but these two 15 counties made a huge investment in one and 16 they're stuck with it. If the incinerator 17 shuts down, they're either going to take it 18 over and run it themselves or it will cease to 19 operate and they will take it as part of the 20 failure and they're going to have to build a 21 landfill and try to find something else to do, 22 which is an enormously expensive project. 23 We had it in the 1980s when the 24 DEC said either build a landfill or an 25 incinerator, it's one or the other. What we 1 found in Monroe County, it's one or the 2 other. We rebuild, it's -- it will probably 3 last for 150 years, at least we don't have to 4 go through the cost of binding one. 5 But these are questions of two 6 counties of building an incinerator that does 7 meet the DEC criteria and if it doesn't get 8 the revenue stream, it will go bankrupt and 9 create a further problem for them, and, 10 frankly, I support protecting the environment 11 but it doesn't seem to me a revenue stream to 12 keep it environmentally acceptable, doesn't 13 seem to be the greatest, but it's acceptable. 14 Seems to me the EPL's comment doesn't address 15 the environmental issue and, if it's necessary 16 to keep the thing going to keep the income 17 stream alive and to keep this option between 18 the two counties, I don't think it's a bad 19 idea. 20 I'll vote in favor of the bill, 21 Mr. President. 22 ACTING PRESIDENT LEICHTER: 23 Read the last section. 24 THE SECRETARY: Section 6. 25 This act shall take effect immediately. 1 ACTING PRESIDENT LEICHTER: 2 Call the roll. 3 (The Secretary called the 4 roll. ) 5 ACTING PRESIDENT LEICHTER: 6 Senator Oppenheimer, to explain her vote. 7 SENATOR OPPENHEIMER: I can 8 appreciate what Senator Dollinger is -- is 9 saying about the need to keep plants that are 10 completely in compliance alive and well. 11 However, the debt service when this is -- when 12 it is retired is going to -- the plant that 13 we're talking about is going to be entirely in 14 private ownership. That is a considerable 15 difference from when we have in the past 16 dedicated our tax money or sales tax or 17 whatever tax to a municipal problem or a 18 county or state problem, and it's vastly 19 different, as I see it, Senator Dollinger. 20 I'll be voting in the 21 negative. 22 ACTING PRESIDENT LEICHTER: 23 O.K. Senator Oppenheimer recorded in the 24 negative. 25 Call the roll. Announce the 1 results. 2 THE SECRETARY: Those recorded 3 in the negative on Calendar Number - 4 ACTING PRESIDENT LEICHTER: 5 Results. 6 THE SECRETARY: -- Calendar 7 Number 1568 are Senators Abate, Connor, Gold, 8 Goodman, LaValle, Leibell, Leichter, 9 Marcellino, Markowitz, Montgomery, Nanula, 10 Onorato, Paterson, Sampson, Santiago, 11 Seabrook, Smith, Stachowski, Stavisky, Waldon, 12 also Senator Mendez. Ayes 40, nays 21. 13 ACTING PRESIDENT LEICHTER: The 14 bill is passed. 15 SENATOR GOLD: Mr. President. 16 ACTING PRESIDENT LEICHTER: I'm 17 sorry, Senator. 18 SENATOR PATERSON: Mr. 19 President. 20 SENATOR GOLD: Would you 21 recognize Senator Paterson please. 22 ACTING PRESIDENT LEICHTER: 23 Senator Paterson. 24 SENATOR PATERSON: We lost? Big 25 help you've been; all you did was get up there 1 and now we lost. 2 ACTING PRESIDENT LEICHTER: 3 Senator Holland. 4 SENATOR HOLLAND: Mr. 5 President, can we return to the first page of 6 Supplemental Calendar Number 2 and do 7 Calendar 1542, and then take the next two in 8 order, please. 9 ACTING PRESIDENT LEICHTER: 10 Secretary will read. 11 THE SECRETARY: Calendar 1542, 12 Senator Hannon moves to discharge from the 13 Committee on Rules Assembly Bill Number 9371-A 14 and substitute it for the identical Third 15 Reading Calendar 1542. 16 ACTING PRESIDENT LEICHTER: 17 Substitution ordered. Secretary will read. 18 THE SECRETARY: Calendar Number 19 1542, by member of the Assembly Gottfried, 20 Assembly Print 9371-A, an act to amend the 21 Public Health Law, in relation to modifying. 22 ACTING PRESIDENT LEICHTER: 23 Read the last section. 24 THE SECRETARY: Section 19. 25 This act shall take effect November 1. 1 ACTING PRESIDENT LEICHTER: 2 Call the roll. 3 (The Secretary called the 4 roll. ) 5 THE SECRETARY: Ayes 61. 6 ACTING PRESIDENT LEICHTER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1546, substituted earlier today, by member of 10 the Assembly Vitaliano, Assembly Print 9798, 11 an act to amend the Retirement and Social 12 Security Law, in relation to performance. 13 ACTING PRESIDENT LEICHTER: 14 Read the last section. 15 THE SECRETARY: Section 2. 16 This act shall take effect immediately. 17 ACTING PRESIDENT LEICHTER: 18 Call the roll. 19 (The Secretary called the 20 roll. ) 21 SENATOR ONORATO: Explain my 22 vote. 23 ACTING PRESIDENT LEICHTER: 24 Senator Onorato. 25 SENATOR ONORATO: May I have 1 unanimous consent to vote you in the negative 2 on this bill? 3 ACTING PRESIDENT LEICHTER: You 4 may. Thank you. 5 THE SECRETARY: Ayes 60. Nays 6 one, Senator Leichter recorded in the 7 negative. 8 ACTING PRESIDENT LEICHTER: The 9 bill is passed. 10 Senator Breslin. 11 SENATOR BRESLIN: Yes, Mr. 12 President. I request to be recorded in the 13 negative on 7772, unanimous consent. 14 ACTING PRESIDENT LEICHTER: 15 Senator Breslin will be recorded in the 16 negative on Calendar 7772. Oh, 7772. 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 1554, by Senator Alesi, Senate Print 7381, an 20 act to amend the County Law, in relation to 21 authorizing. 22 ACTING PRESIDENT LEICHTER: 23 Home rule message at the desk. Read the last 24 section. 25 SENATOR PATERSON: Wait, 1 explanation. 2 ACTING PRESIDENT LEICHTER: Oh, 3 why don't you get somebody up here who knows 4 what they're doing? Where is Randy Kuhl? 5 Senator Alesi, an explanation 6 has been asked for. 7 SENATOR ALESI: I think I would 8 have to agree, you are a big help. Actually, 9 I'd like to withdraw all my bills while you're 10 in the Chair right now with all this racket. 11 This would allow the county of 12 Monroe to accept or entertain requests for 13 proposals rather than go through the 14 traditional bidding process for a specific 15 project in Monroe County, which is the Monroe 16 County Jail. 17 ACTING PRESIDENT LEICHTER: 18 Senator Abate. 19 SENATOR ABATE: Yes. Would 20 Senator Alesi yield for a few questions? 21 SENATOR ALESI: Yes, I will. 22 SENATOR ABATE: It's my 23 understanding of this bill -- maybe you can 24 clarify it -- this includes not only 25 construction, capital construction but also 1 covers services, performances within 2 contracting out and performances within the 3 physical plant of that jail; is that right? 4 SENATOR ALESI: Well, it's very 5 important that you asked that question because 6 we have to address that. 7 For the record, the Corrections 8 Law prohibits that from happening because the 9 Corrections Law specifically states that only 10 unionized help can be used in the operation of 11 the jail itself. The language may appear to 12 be ambiguous. It uses the word "maintain", 13 but that is a -- that is directed toward the 14 construction and design/build process, not 15 toward the operation of the jail itself. 16 Furthermore, we have clearances 17 from the County Executive in writing that that 18 was not the intent of the administration and, 19 if need be, when -- we can always do a chapter 20 amendment to make sure that that ambiguity is 21 cleared up. However, let me stress again 22 that, as I understand, the Corrections Law 23 prohibits us from using anything other than 24 unionized labor in the operation of a jail. 25 Furthermore, it is really the 1 intent of this bill, with the backing of all 2 of the labor and trade unions in the Monroe 3 County area, to make sure that local unionized 4 -- local, I should say local labor is used in 5 this effort to protect and grow local jobs 6 there. We will also be using the prevailing 7 wage as well as the modified elements of the 8 Wicks Law to make sure that this project is 9 done in accordance with that effort. 10 SENATOR ABATE: Mr. President, 11 would Senator Alesi continue to yield? 12 SENATOR ALESI: Yes, I will. 13 SENATOR ABATE: Senator, are 14 you aware that I've sponsored a bill calling 15 for the non-privatization of security 16 functions of a jail system, and I've done that 17 because it's my understanding that the law is 18 not clear, that right now a local correctional 19 facility or a state correctional facility can 20 contract out to a private firm to provide the 21 security functions within that jail in the 22 prison system. For instance, a correction 23 officer who is now doing the job could be 24 replaced by someone who is hired by a private 25 firm. Are you aware of that? 1 SENATOR ALESI: I'm aware of 2 Senator Nozzolio's efforts, ongoing efforts, 3 with the support of this Conference last year 4 and onto this year to make absolutely certain 5 that under no circumstances would we, in our 6 correctional facilities, use anything other 7 than unionized labor, and I'm fully supportive 8 of Senator Nozzolio's efforts and the efforts 9 of this Conference, and I applaud your 10 approach on that as well. 11 SENATOR ABATE: Senator 12 Nozzolio, could you tell me where in the law 13 it is clear that once this facility is 14 constructed in Monroe County, that the 15 correction officers could not legally be 16 replaced through contracting out with other 17 workers? I'm not aware of any law that exists 18 today. Maybe you can cite where that law 19 exists. 20 SENATOR ALESI: I'm not Senator 21 Nozzolio, but I'll answer the question any 22 way. 23 SENATOR ABATE: And I'm not 24 trying to put you on the spot. It's because 25 of a lack of clarification and the ambiguity 1 in the law that I have some question about 2 this particular bill. 3 SENATOR ALESI: Sure. 4 SENATOR ABATE: If you could 5 clarify it for me, I'd be more comfortable. 6 SENATOR ALESI: We don't have 7 that available, Senator, but in our research 8 and discussion of this very important effort 9 to create jobs for worthy families in Monroe 10 County, it is our understanding in ongoing 11 discussions with counsel earlier that the Cor 12 rections Law would preclude using non-union - 13 non-unionized labor, but also in discussions 14 with the county administration, and in 15 informal discussions with unionized trades 16 back in Monroe County, that we would be 17 precluded from doing anything other than using 18 unionized labor for the management and 19 operation of the jail. 20 SENATOR ABATE: Would you 21 consider, Senator Alesi, amending the bill to 22 clarify, because I think it's important that 23 we create jobs and the rest of the bill seems 24 very benign and helpful. Would you agree to 25 amend the bill so we're all clear that none of 1 the security functions can be contracted out? 2 SENATOR ALESI: I'm glad you 3 raised that issue because, in my earlier 4 comments I indicated that even though the 5 ambiguity could exist by using the word 6 "maintain", that we would be very willing to 7 do a chapter amendment to either eliminate the 8 word "maintain" or clarify even more the fact 9 that the Monroe County Jail, the administra 10 tion thereof would be done only with unionized 11 help which again, I say is part of the ongoing 12 effort of this Conference to make sure that 13 those people who would be in our prisons 14 working in our prisons and in our jails are 15 unionized. 16 SENATOR ABATE: So, Senator 17 Alesi, let me get some clarification. So 18 you're willing to amend this bill so that the 19 contracts are limited to the building and 20 design of the facilities, not the 21 maintenance. 22 SENATOR ALESI: That, Senator, 23 is the intent of the bill and as stated twice 24 now and for the third time we will do a 25 chapter amendment to make sure that, if there 1 is an ambiguity in the use of the word 2 "maintain" that we will change that ambiguity 3 by eliminating the word "maintain". 4 SENATOR ABATE: Thank you. 5 SENATOR ALESI: Or to be sure 6 just eliminating any language that would imply 7 that the operation of the jail would be 8 anything other than unionized. But let me say 9 this further. The language in this bill 10 should be interpreted to be specific to the 11 design and building of this jail in Monroe 12 County, and I'm stating that for the record, 13 so I couldn't be any more clear on that. 14 I'll reiterate again the 15 position of the county administration who have 16 in writing indicated that that is their 17 position. It is a position that is embraced 18 not only by myself and my co-sponsors, Senator 19 Nozzolio and Senator Maziarz. It is also a 20 position that is embraced by the local trade 21 unions, unionized trade unions, as well as the 22 local business community who definitely would 23 like to see this design/build procedure 24 followed so that we can save millions of 25 dollars on the project, save time and, most 1 importantly, make sure that the labor and the 2 professional work that goes into the building 3 and design of this $50 million project is 4 centered around local working families. That 5 was the short answer. 6 SENATOR ABATE: O.K. So let me 7 just restate it, that it is the legislative 8 intent, and a chapter amendment would 9 absolutely clarify, that none of the contracts 10 would include the security functions within 11 that jail system. That's another way of 12 stating what you just said, am I correct? 13 SENATOR ALESI: For the fourth 14 time, using my own words, we will do a chapter 15 amendment that will clarify that the language 16 in this bill is directly aimed at the process 17 of designing and building a jail and not in 18 any way, shape or form design -- or I 19 shouldn't use that word. Not in any way, 20 shape or form aimed at the operation of the 21 jail. 22 SENATOR ABATE: Thank you very 23 much, Senator. 24 SENATOR ALESI: You're very 25 welcome. 1 SENATOR NOZZOLIO: Mr. 2 President, on the bill. 3 Mr. President, my colleagues, 4 Senator Alesi has put forth this measure to 5 expedite a situation that is in dire need of 6 protection in Monroe County, to construct a 7 facility that's absolutely necessary for the 8 safety and security of the fine people of 9 Monroe County; that the policy discussion 10 which just took place between Senator Alesi 11 and Senator Abate regarding the security 12 function of the correctional facility is 13 extremely well taken. 14 I wish to only emphasize that 15 the security function of the maintenance of 16 this facility is not to be privatized. To do 17 so would be contrary to current state law. An 18 opinion by Attorney General Dennis Vacco has 19 clearly stated that to privatize the security 20 function of any correctional facility in this 21 state, whether it be a state facility or a 22 local facility, is against public policy and 23 the laws of this state, that the county 24 executive of Monroe certainly understands 25 that. He himself, a former judge, has no 1 intention of developing any facility which is 2 contrary to law and the policy of this state. 3 Senator Alesi's commitment to 4 enact a chapter amendment striking the 5 language providing maintenance, I think, is 6 certainly an excellent suggestion. I'm glad 7 Senator Alesi has made that suggestion, that 8 we certainly support him in that effort to 9 ensure that there is never a question that 10 this Legislature intends to put a crack in the 11 law and the policy of this state which for 12 bids the privatization of the security 13 function of our jail. 14 We've proven time and time 15 again in debates in this chamber that 16 privatizing that security function is 17 inappropriate. Governor Pataki has clearly 18 stated that he has no intention of allowing 19 privatization of state or local jails within 20 this state and that certainly we support and 21 applaud that effort. 22 I certainly will support the 23 chapter amendment that -- that Senator Alesi, 24 I thank you for bringing this issue to our 25 attention so that the county of Monroe can 1 expedite its needs to protect the citizens of 2 that great county. 3 Thank you, Mr. President. 4 ACTING PRESIDENT LEICHTER: 5 Senator Dollinger. Senator Dollinger? 6 SENATOR DOLLINGER: Mr. 7 President, excuse me. I'll yield the floor to 8 Senator Stachowski. 9 SENATOR STACHOWSKI: Mr. 10 President, would Senator Nozzolio yield to a 11 couple questions? 12 SENATOR HOLLAND: Mr. 13 President. Excuse me, there will be an 14 immediate meeting of the Rules Committee in 15 Room 332. 16 ACTING PRESIDENT LEICHTER: 17 Immediate meeting of the Rules Committee in 18 Room 332. 19 Senator Nozzolio, will you 20 yield to Senator Stachowski? 21 SENATOR NOZZOLIO: Yes. 22 SENATOR STACHOWSKI: If you 23 don't mind, two quick questions, and then I 24 got to run to Rules. 25 The first one is, if this is so 1 sure why is Council 82 so concerned about this 2 bill, even as late as this afternoon? 3 SENATOR NOZZOLIO: I think, Mr. 4 President, that Council 82's concerns are that 5 the word "maintain", that the intention was as 6 I understand it -- I wasn't part of the 7 drafting of this legislation -- but as I 8 understand that word, it was used to discuss 9 another operation or the maintenance of a 10 construction project, not the maintenance of 11 the operation of the jail itself, and that 12 their concern, Council 82's concerns, are that 13 any erosion which takes place in allowing the 14 security function of prisons is an erosion 15 that's against public policy. 16 I, for one, certainly agree 17 with Council 82 that they -- there should be 18 no erosion and that that's why I'm very 19 pleased that Senator Alesi has agreed to a 20 chapter amendment in the very near future to 21 ensure that there's no misunderstanding. 22 SENATOR STACHOWSKI: Mr. 23 President, I think this other question would 24 be better for Senator Alesi. 25 Thank you, Senator. 1 ACTING PRESIDENT LEICHTER: 2 Senator Alesi, would you yield? 3 SENATOR STACHOWSKI: I also 4 agree with what Senator Nozzolio says, and I 5 think our side does, and that's why we're 6 questioning the fact about the maintenance in 7 the bill, because we're concerned about any 8 privatization, but one other question that's 9 just for my own clarification. Couldn't we 10 accomplish the same end if we did a project - 11 a later agreement on this project rather than 12 going through a law that says accepting one 13 bid, wouldn't it be the same thing? 14 SENATOR ALESI: I think under 15 the circumstances this approach was being used 16 because it was being used at the federal level 17 and probably half of the states in this nation 18 right now, and has proven to be very effective 19 in saving time and saving costs and there was 20 an approach that was agreed upon by the unions 21 that would be providing the trade work as well 22 as county administration. 23 ACTING PRESIDENT LEICHTER: 24 Senator Dollinger. 25 SENATOR DOLLINGER: I want to 1 thank Senator Alesi for his courtesy in 2 discussing the bill before us, and I'm going 3 to vote against the bill and let me tell you 4 why. 5 I haven't seen the estimate of 6 where the $5 million in savings is going to 7 come from, but I'm not so sure that a design/ 8 build concept as proposed in this bill will 9 produce all that big a savings. I'm not sure 10 I see where the substantial savings will occur 11 and how we're going to arrive at it. Given 12 that fact, I don't see why we should have a 13 variation from the state's public bidding laws 14 which have been in place for a hundred years 15 which are designed to ensure fairness and lack 16 of bias in our awarding of public contracts. 17 This is the public's money. It 18 isn't the county's money. It isn't owned by 19 any organization. It's the public's money. It 20 seems to me that we have a public bidding law 21 in this state because we decided it as public 22 policy, in which the government should get the 23 best, lowest bid that it can; and what I'm 24 concerned about is this bill -- is that this 25 bill substitutes a point system, a best value 1 system, which will be determined by a weighted 2 criteria process. A weighted criteria process, 3 not by the lowest possible price but by a 4 weighted criteria process, a term nowhere 5 defined in this proposal, and then it says in 6 which a point grade will be established for 7 qualitative factors. 8 What are the qualitative 9 factors? Qualitative quality? I assume that 10 when you are making a judgment and evaluating 11 public bids, you take the lowest responsible 12 bidder. You assume that the quality is going 13 to be the same. This assumes that there's 14 going to be some qualitative factor that will 15 be put into this point rating system and there 16 will be a high quality contractor, a low 17 quality contractor, a middle level quality 18 contractor. That notion is nowhere in our 19 public bidding law. 20 We assume that, if there's the 21 lowest responsible bidder, they'll produce 22 quality for the lowest possible price. We can 23 insist on that for our lowest responsible 24 bidders. There's no definition of what the 25 qualitative factors will be. There's no 1 definition of what this weighted criteria 2 process will be, and yet this is the 3 discretion we're now vesting a government 4 entity in as a departure from the notion of 5 the lowest responsible bidder. 6 I would suggest to all of my 7 colleagues that this is no standard to use in 8 a design/build arrangement, that this is no 9 way to deviate from the public bidding law 10 which we have a hundred years worth of 11 experience and which has been demonstrated to 12 arrive at the quality that we need at the 13 lowest possible price. 14 This contract says that, even 15 if you're the lowest possible bidder and even 16 if you can guarantee, as you will in the 17 contract, that you will provide the best 18 quality for the lowest price, you won't get 19 this bid, because there's going to be a 20 weighted criteria process and there are going 21 to be qualitative factors as well as price 22 that may be even more important than price. 23 I suggest that this isn't a 24 good idea, Senator Alesi, and the county 25 administration, of trying to create jobs. 1 They're going to build a jail. I would 2 suggest that they use the public bidding law, 3 get the lowest responsible bidder, that we not 4 use this off-line approach, that we don't 5 deviate from what we've used time and time 6 again in Monroe County, which has, the best I 7 can tell, has served us well there. 8 Senator Alesi and I sat there 9 and approved contracts; sometimes we voted 10 with each other, sometimes we voted against 11 each other approving contracts to the lowest 12 responsible bidder. It's tried and true. It 13 will work. We'll create the jobs. I have a 14 real big question as to whether or not this 15 would save the money that it's intended to, 16 and remember we're -- we have the public 17 bidding laws and the Wicks Law and the theory 18 is we want to take the politics out of public 19 contracting. 20 I am fearful that this bill, 21 given the wide, wide scope of discretion that 22 it gives to this public entity will have the 23 temptation of interjecting that politics back 24 into the process to the detriment of the 25 people of the county I represent. 1 I'll be voting in the negative, 2 Mr. President. 3 ACTING PRESIDENT LEICHTER: 4 Senator Waldon was next. 5 SENATOR WALDON: Mr. President, 6 would the gentleman yield to a question, 7 please? 8 ACTING PRESIDENT LEICHTER: 9 Senator will yield. 10 SENATOR WALDON: Thank you, Mr. 11 President. 12 Senator Alesi, I see in this 13 proposal at line 26, it reads "best value will 14 be determined by a weighted criteria process 15 in which a point rating will be established 16 for qualitative factors as well as price." 17 Can you tell us what that means in layman's 18 terms? 19 SENATOR ALESI: I think the 20 language of the bill in all respects, Senator 21 Waldon - 22 ACTING PRESIDENT LEICHTER: 23 Excuse me just a second. Could we have a 24 little order, please. 25 SENATOR ALESI: Thank you, Mr. 1 President. 2 With all respect, Senator, I 3 think the language of the bill is fairly 4 straightforward. Practice will be established 5 by the county administration and, if you read 6 the opening sentences of the bill, through the 7 county legislature itself in cooperation with 8 the construction and design firm to establish 9 that procedure. 10 Mr. President, it's very diffi 11 cult for me to hear. 12 ACTING PRESIDENT LEICHTER: 13 Could we have order, please. If we could take 14 the conversations out of the chamber. 15 SENATOR ALESI: I think that, if 16 you compare the design/build process that 17 Senator Dollinger seems to be reluctant to 18 embrace, it's very similar to the very 19 beginning of this whole process, very similar 20 to what we see on almost every building 21 process where the -- where the bidding 22 procedure is used, similar to selecting a 23 consulting engineering firm, done on a 24 subjective basis. 25 The initial parts of this whole 1 process would be done similar to that, on a 2 subjective basis with a system that is 3 established by the county administration 4 working through its legislature; but I think 5 the important thing to -- for this body here 6 to understand is that bidding is not being 7 circumvented in any way, shape or form. In 8 fact, it's very clear in the legislation that 9 the design/builder will have to require a bid 10 process for all of the trades involved in 11 this, just as they would under Wicks, with the 12 exception, interestingly enough, that the 13 threshold will be $20,000 rather than the 14 $50,000 that we have with the Wicks process; 15 so the bidding process has not only been 16 preserved here, it's actually lowered to make 17 sure that the lowest possible bid is used, and 18 that's required in the legislation. 19 SENATOR WALDON: Thank you, 20 Senator. Thank you, Mr. President. 21 ACTING PRESIDENT LEICHTER: 22 Anybody else want to be heard on this bill? 23 Last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 1 ACTING PRESIDENT LEICHTER: Call 2 the roll. 3 (The Secretary called the 4 roll.) 5 ACTING PRESIDENT LEICHTER: 6 Senator Abate. 7 SENATOR ABATE: Yes, I'd like to 8 explain my vote. 9 On the commitment by the good 10 Senator Alesi that there will be a chapter 11 amendment to clarify the intention of this 12 bill to only include building and design 13 functions, not the security functions at the 14 jail, I vote yes on this bill. 15 ACTING PRESIDENT LEICHTER: 16 Senator Abate will be recorded in the 17 negative. Announce the results. I'm sorry, in 18 the affirmative. 19 Get somebody up here knows what 20 they're doing. 21 SENATOR NOZZOLIO: Mr. 22 President. 23 ACTING PRESIDENT LEICHTER: 24 Senator Nozzolio, to explain his vote. 25 SENATOR NOZZOLIO: I ask 1 unanimous consent to explain my vote as we're 2 taking the roll call, not to belabor this but 3 I just, too, as chairman of the Senate 4 Committee on Crime and Corrections, I wish to 5 also state that there is no intention by this 6 body in passing this bill to in any way alter 7 the steadfast opposition that we have to 8 privatizing the security function of prisons. 9 As such, I vote in the aye, knowing that there 10 will be a chapter amendment to rectify any 11 ambiguity which now exists in the measure. 12 ACTING PRESIDENT LEICHTER: 13 Thank you. Results. 14 THE SECRETARY: Those recorded 15 in the negative on Calendar Number 1554 are 16 Senators Breslin, Dollinger, Gentile, 17 Leichter, Onorato, Seabrook and Stavisky. 18 Excuse me, Senator Seabrook recorded in the 19 affirmative. Ayes 55, nays 6. 20 ACTING PRESIDENT LEICHTER: The 21 bill is passed. Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 on the main calendar, would you please call up 24 Calendar Number 268, by Senator Farley. 25 ACTING PRESIDENT LEICHTER: 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 268, by Senator Farley, Senate Print 1689-A, 4 an act to amend the Workers' Compensation Law 5 and the Public Officers Law. 6 SENATOR SKELOS: Mr. President, 7 is there a message at the desk? 8 ACTING PRESIDENT LEICHTER: Yes, 9 there is. 10 SENATOR SKELOS: Move to accept. 11 ACTING PRESIDENT LEICHTER: 12 Motion is to accept the message of necessity. 13 All those in favor, say Aye. 14 (Response of "Aye.") 15 Those opposed, say nay. 16 (There was no response.) 17 The motion is carried. Read the 18 last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect on the first day of 21 January. 22 ACTING PRESIDENT LEICHTER: Call 23 the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 61. 2 ACTING PRESIDENT LEICHTER: The 3 bill is passed. 4 SENATOR SKELOS: Mr. President, 5 on the main calendar, would you please call up 6 Calendar Number 1333, by Senator Alesi. 7 ACTING PRESIDENT LEICHTER: 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 1333, by Senator Alesi, Senate Print 7035-B, 11 an act to amend the Public Authorities Law and 12 the Executive Law, in relation to the 13 establishment. 14 SENATOR SKELOS: Mr. President, 15 is there a message at the desk? 16 ACTING PRESIDENT LEICHTER: 17 Yes, there is. 18 SENATOR SKELOS: Move to accept 19 the message. 20 ACTING PRESIDENT LEICHTER: 21 Motion is to accept the message of necessity. 22 All those in favor say aye. 23 (Response of "Aye.") 24 Those opposed, say nay. 25 (There was no response. ) 1 Message is accepted. 2 Read the last section. Oh, 3 there's also a home rule message at the desk. 4 Read the last section. 5 SENATOR PATERSON: Explanation. 6 ACTING PRESIDENT LEICHTER: 7 Explanation is asked for. 8 SENATOR ALESI: Thank you, Mr. 9 President. 10 In the event that we don't 11 build a jail, I thought maybe we'd do 12 something with a sports authority. 13 This will give the county of 14 Monroe the opportunity to create a sports 15 authority to take advantage of future 16 opportunities to expand, enlarge, manage or 17 own sporting activities in the county of 18 Monroe. 19 ACTING PRESIDENT LEICHTER: 20 Senator Paterson. 21 SENATOR PATERSON: Thank you, 22 Mr. President. 23 If Senator Alesi would yield 24 for a question. 25 SENATOR ALESI: Yes. 1 SENATOR PATERSON: Senator, do 2 you think that there's somewhat of a danger in 3 selected areas of the state of granting a 4 limited immunity which actually creates an 5 action in law that prohibits any kind of 6 recovery as is set forth in this bill that it, 7 in a sense, creates kind of a different 8 standard at different points and, in addition, 9 somewhat impinges upon the right of an 10 individual to bring a legal action? 11 SENATOR ALESI: I'm not certain 12 that there is, Senator. I think that the use 13 of an authority for whatever purpose has been 14 established to be beneficial for its intended 15 purpose, and I think that under the 16 circumstances that the county of Monroe is 17 trying to establish that it would be 18 beneficial for the county and the surrounding 19 regions. 20 SENATOR PATERSON: Thank you. 21 SENATOR DOLLINGER: Mr. 22 President. 23 ACTING PRESIDENT LEICHTER: 24 Senator Dollinger. 25 SENATOR DOLLINGER: Will 1 Senator Alesi yield just to a couple quick 2 questions, just to make sure I understand it? 3 SENATOR ALESI: I'd be happy 4 to. 5 SENATOR DOLLINGER: Again I 6 appreciate it. We've had lots of discussions 7 about this bill as well. 8 Through you, Mr. President, the 9 current authorization in this bill is 50 10 million, or is it more than that? Will the 11 authority have the power to borrow more than 12 $50 million? 13 SENATOR ALESI: $50 million, 14 Senator, with the provision that if, at any 15 time, it was the desire of the authority to 16 retire some outstanding debts that they could 17 simultaneously sell some bonds simultaneously, 18 but the threshold is $50 million. 19 SENATOR DOLLINGER: O.K. I 20 apologize, Mr. President. I didn't quite hear 21 that. Will they be able to borrow more than 22 50- at any time? 23 SENATOR ALESI: No, the limit 24 is $50 million. 25 SENATOR DOLLINGER: And that 1 would be -- again through you, Mr. President, 2 that would be rolling 50-, so if they retired 3 some, they could borrow some new. 4 SENATOR ALESI: That was my 5 point, yes, sir. 6 SENATOR DOLLINGER: The bill 7 also references an agreement between UDC and 8 the Empire State -- now known as the Empire 9 State Development Corporation, and says that, 10 despite that agreement that the authority can 11 acquire certain properties which may be held 12 by the county. 13 Are you familiar with that 14 agreement and can you tell me what the 15 agreement says that now prohibits that 16 transfer? 17 SENATOR ALESI: The agreement, 18 I'm sure, references what you and I are both 19 familiar with, the Frontier Field which is 20 owned by the County of Monroe. I'm sorry, 21 Frontier Field. 22 SENATOR DOLLINGER: Right, and 23 again so what - 24 SENATOR ALESI: Period. 25 SENATOR DOLLINGER: So what 1 does that agreement say about the not -- does 2 that agreement say that Frontier Field can't 3 be transferred? Is that why we need the 4 language in there to say, that in essence - 5 SENATOR ALESI: The language of 6 the existing bill -- the existing bill that is 7 before us will allow for that transfer. 8 SENATOR DOLLINGER: Right. 9 SENATOR ALESI: And the 10 language of the bill says notwithstanding any 11 agreement with Urban Development or the Empire 12 State Development Corporation. 13 SENATOR DOLLINGER: Again 14 through you, Mr. President, my question is the 15 agreement between the county and the Urban 16 Development Corporation, does that currently 17 prohibit the transfer of any portion of 18 Frontier Field? 19 SENATOR ALESI: The -- Senator, 20 as you know, because we were both involved 21 with this as it occurred over very lengthy and 22 tenuous agreement, that the language says that 23 it cannot be transferred to a third party, and 24 it's obvious that the language that's in the 25 bill addresses that by saying now that it can 1 be. 2 SENATOR DOLLINGER: O.K. And 3 just one final question through you, Mr. 4 President, if the Senator will yield. 5 SENATOR ALESI: I'd be happy 6 to. 7 SENATOR DOLLINGER: Again, I 8 think this is simply a clarification. My 9 understanding is that the authority will have 10 condemnation power and will not need the 11 approval of any locality in which the 12 condemnation occurs, and there is discussion 13 about a chapter amendment with respect to the 14 city of Rochester; is that correct? 15 SENATOR ALESI: That is true, 16 Senator. We also have written correspondence 17 from the County Executive. As I understand, 18 it has gone to our friends in the Assembly who 19 are in possession of that, clearly stating 20 that it is not the intent of the county to 21 condemn any property that might be owned by 22 the city. I think without identifying the 23 number of properties they were aimed at the 24 Rochester War Memorial, as you know, and that 25 as we approach the next session that we will 1 make sure that the intent of the county and 2 presumably the intent of the authority once it 3 is established, will be limited by a chapter 4 amendment that we will put in, in the up 5 coming session to clarify any uncertainties 6 about the condemnation process. 7 SENATOR DOLLINGER: Thank you, 8 Mr. President. 9 On the bill, and again I 10 appreciate, Senator Alesi and I have talked 11 about this bill on a number of occasions, and 12 he's been very helpful. On this bill, 13 however, I have just a disagreement with this 14 whole concept. 15 This is a step down the road to 16 doing exactly what the state of New York has 17 been severely criticized for by this Governor, 18 by the members of this house, and that is 19 authorizing an enormous new back-door 20 borrowing program in Monroe County. 21 We're about to go in and create 22 a new level of government unaccountable, 23 unelected, appointed by the County Executive 24 for a term that could last decades -- decades, 25 and they will have the authority to borrow $50 1 million. If they don't pay off the bonds they 2 have under the bill, the ability to go into 3 the county treasury and get money to fund off 4 to pay off debt. 5 They will have unlimited 6 condemnation power. They will have the 7 ability to go anywhere in Monroe County and 8 condemn any piece of property other than, and 9 Senator Alesi properly points out, they won't 10 be able to condemn the Rochester War Memorial 11 owned by the city of Rochester, but they will 12 be able to go in and take any tax-paying 13 property in any community and condemn it for a 14 sports facility, no matter what the tax 15 consequence of that is to the local 16 community. 17 They won't have to make 18 payments in lieu of taxes. They won't have to 19 be able to pay sales tax. They won't have to 20 pay mortgage taxes and they can go anywhere. 21 They can go to the town of Brighton, which I 22 represent. They can go to the town of Greece, 23 which I also represent. They can go to 24 Irondequoit, Perinton, any place, condemn the 25 land, not have to abide by zoning laws and not 1 have to seek the approval of the local 2 authority, the local community. 3 We're now going to create an 4 entity that's going to be building sports 5 facilities for which there is no limitation on 6 their power. They can borrow up to $50 7 million. They can take property any way they 8 want it. They can take that property without 9 the approval of the local authority, and I 10 appreciate the Senator's description of the 11 restrictions on the transfer of Frontier 12 Field, but my understanding of that agreement, 13 what happened is the state of New York loaned 14 the county of Monroe money to build the 15 Frontier Field, actually gave them money and 16 then through UDC also financed a portion of 17 it, and the deal that was struck at that time 18 was, we want the county to be on the hook for 19 the ownership of this facility. 20 We are now passing a bill that, 21 in essence, changes that agreement. That was 22 an agreement struck at arm's length between 23 the state protecting our interests and the 24 state taxpayers' money and the county 25 protecting county taxpayers. We're now going 1 to void that agreement with respect to 2 transfer. We're going to transfer it into 3 this appointed, unelected, mysterious 4 government with $50 million worth of bonding 5 authority, and they're going to continue to 6 back-door borrow. 7 From my point of view, this is 8 the equivalent of the Attica experiment, 9 widely criticized by people in this house, the 10 wrong thing for government to be doing. This 11 is the equivalent of selling the Attica 12 Prison. We're now going to sell Frontier 13 Field to an authority. We're going to get 14 cash back. It's the same kind of back-door 15 borrowing that's been justifiably criticized 16 by everybody in this house. It's criticized 17 and should be criticized when we do it as bad 18 public policy. It should be criticized as bad 19 public policy when it's done by Monroe County, 20 the county that I reside in as well. 21 This is a bad idea. It takes a 22 concept of sports improvement and does it the 23 wrong way. I would simply encourage all of my 24 colleagues to vote in the negative. 25 SENATOR SKELOS: Last section. 1 ACTING PRESIDENT LEICHTER: 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect in 30 days. 5 ACTING PRESIDENT LEICHTER: 6 Call the roll. 7 (The Secretary called the 8 roll. ) 9 THE SECRETARY: Those recorded 10 in the negative on Calendar Number 1333 are 11 Senators Abate, Breslin, Dollinger, Gold, 12 Leichter, Onorato, Oppenheimer, Paterson, 13 Santiago, Smith and Waldon. Ayes 50, nays 14 11. 15 ACTING PRESIDENT LEICHTER: The 16 bill is passed. 17 Senator Stachowski. 18 SENATOR STACHOWSKI: Mr. 19 President, I'd like to get unanimous consent 20 to be recorded in the negative on Calendar 21 Number 1554, please. 22 ACTING PRESIDENT LEICHTER: 23 Senator Stachowski, without objection, will be 24 recorded in the negative on Calendar Number 25 1554. 1 SENATOR ONORATO: Mr. 2 President. 3 ACTING PRESIDENT LEICHTER: 4 Senator Onorato. 5 SENATOR ONORATO: Mr. 6 President, I would like unanimous consent to 7 be recorded in the negative on Calendar Number 8 1545. 9 ACTING PRESIDENT LEICHTER: 10 Without objection, Senator Onorato will be 11 recorded in the negative on Calendar Number 12 1545. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 on the main calendar, would you please call up 16 Calendar Number 257, by Senator Johnson. 17 ACTING PRESIDENT LEICHTER: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 257, substituted earlier today, by member of 21 the Assembly Vitaliano, Assembly Print 4467-C, 22 an act to amend the Insurance Law, in relation 23 to authorizing. 24 ACTING PRESIDENT LEICHTER: 25 Read the last section. 1 THE SECRETARY: Section 2. 2 This act shall take effect immediately. 3 ACTING PRESIDENT LEICHTER: 4 Call the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 61. 8 ACTING PRESIDENT LEICHTER: The 9 bill is passed. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 on the main calendar, would you please call up 13 Calendar Number 715. 14 ACTING PRESIDENT LEICHTER: 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 715, by member of the Assembly DiNapoli, 18 Assembly Print 4675-A, an act to amend the 19 Retirement and Social Security Law, in 20 relation to authorizing. 21 ACTING PRESIDENT LEICHTER: 22 Read the last section. 23 THE SECRETARY: Section 5. 24 This act shall take effect January 1. 25 ACTING PRESIDENT LEICHTER: 1 Announce the results. Call the roll. 2 (The Secretary called the 3 roll. ) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT LEICHTER: The 6 bill is passed. 7 SENATOR SKELOS: Mr. President, 8 would you please call up Calendar Number 1392 9 on the main calendar. 10 ACTING PRESIDENT LEICHTER: 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1392, by Senator Skelos, Senate Print 6201, an 14 act to amend the Domestic Relations Law and 15 the Penal Law, in relation to the suspension 16 and revocation. 17 ACTING PRESIDENT LEICHTER: 18 Last section. 19 THE SECRETARY: Section 4. 20 This act shall take effect immediately. 21 ACTING PRESIDENT LEICHTER: 22 Call the roll. 23 (The Secretary called the 24 roll. ) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT LEICHTER: The 2 bill is passed. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 would you please call up Calendar Number 337. 6 ACTING PRESIDENT LEICHTER: 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 337, by Senator Velella, Senate Print 4422-B, 10 an act to amend the Public Health Law, in 11 relation to Human Immunodeficiency Virus 12 Infection. 13 SENATOR SKELOS: Mr. President, 14 is there a message at the desk? 15 ACTING PRESIDENT LEICHTER: 16 Yes, there is. 17 SENATOR SKELOS: Move to 18 accept. 19 ACTING PRESIDENT LEICHTER: 20 Motion is to accept the message of necessity. 21 All those in favor, say aye. 22 (Response of "Aye.") 23 All those against, say nay. 24 (There was no response.) 25 The message is accepted. 1 Read the last section. 2 THE SECRETARY: Section 7. 3 This act shall take effect on the 180th day. 4 SENATOR DOLLINGER: Hold on. 5 Wait. 6 ACTING PRESIDENT LEICHTER: 7 Hold on just a minute. Senator Santiago. 8 SENATOR SANTIAGO: Mr. 9 President, on the bill. 10 ACTING PRESIDENT LEICHTER: 11 Senator Santiago, on the bill. 12 SENATOR SANTIAGO: I would like 13 to explain my vote. 14 SENATOR DOLLINGER: Could we 15 lay that aside, Mr. President? 16 ACTING PRESIDENT LEICHTER: 17 Could we have some order, please. 18 SENATOR SKELOS: We have a roll 19 call and some individuals want to explain 20 their vote. 21 SENATOR PATERSON: Mr. 22 President. 23 ACTING PRESIDENT LEICHTER: 24 Secretary will call the roll. 25 Senator Santiago, to explain 1 her vote. 2 THE SECRETARY: I got to read 3 the last section. Section 7. This act shall 4 take effect - 5 SENATOR OPPENHEIMER: He's 6 trying to lay it aside. 7 SENATOR SANTIAGO: I am 8 confused. 9 ACTING PRESIDENT LEICHTER: O.K. 10 SENATOR SKELOS: Senator 11 Leichter, you're doing a great job. 12 ACTING PRESIDENT LEICHTER: 13 Call the roll. 14 Where is Randy Kuhl when we 15 need him? 16 O.K. Call the roll. 17 (The Secretary called the 18 roll. ) 19 ACTING PRESIDENT LEICHTER: 20 Senator Santiago, to explain her vote. 21 SENATOR SANTIAGO: O.K. 22 SENATOR OPPENHEIMER: Go ahead; 23 your light's on. 24 SENATOR SANTIAGO: My light's 25 on. 1 SENATOR WALDON: I don't even 2 see it on the calendar. Mr. President. Mr. 3 President, a point of personal privilege. 4 ACTING PRESIDENT LEICHTER: 5 Senator Waldon. 6 SENATOR WALDON: Mr. President, 7 a point of personal privilege. 8 ACTING PRESIDENT LEICHTER: 9 State your point of personal privilege. 10 SENATOR WALDON: I have no 11 awareness of what this bill is about. How can 12 we have an explanation of the bill? 13 SENATOR SKELOS: Mr. President, 14 what we're going to do we're going to 15 reconsider -- we're going to withdraw the roll 16 call, and then we'll be on the debate 17 calendar. 18 SENATOR WALDON: Thanks very 19 much, Senator Skelos. 20 ACTING PRESIDENT LEICHTER: 21 Withdraw the roll. 22 SENATOR PATERSON: Mr. 23 President. 24 ACTING PRESIDENT LEICHTER: 25 Senator Paterson. 1 SENATOR PATERSON: There's no 2 God. I think that we've asked for an 3 explanation, Mr. President. 4 ACTING PRESIDENT LEICHTER: 5 O.K. Explanation, Senator Velella. 6 SENATOR VELELLA: Yes, this is 7 the bill we passed the other day, which was 8 the department notification bill, and the 9 Assembly has seen fit to make some changes to 10 this bill that they, in their wisdom, thought 11 would improve it, and this merely is a bill 12 that's come back with those changes with the 13 amendments. 14 Some of the amendments are, we 15 changed the term "investigation" to "contact 16 tracing". The wording of the bill no longer 17 says "investigation". 18 ACTING PRESIDENT LEICHTER: 19 Excuse me, Senator Velella. Senator Velella, 20 will you excuse me just for a moment, please. 21 We need order. This is a very important bill. 22 Senator Velella. 23 SENATOR VELELLA: Yes, the 24 Assembly suggested, and we have concurred, 25 that rather than use the word "investigation" 1 they wish us to use the word "contact 2 tracing". It has eliminated some general 3 language intended to give local health 4 officials some flexibility which I felt was 5 necessary but which they felt was a little bit 6 too restrictive and might be interpreted to 7 allow quarantine which was not the intent of 8 the bill. 9 Some powers -- a new section 10 3127 has been added, which requires the 11 Department of Health in consultation with the 12 Office of the Prevention of Domestic Violence 13 to operate under the procedures which have 14 been set for domestic violence. The Assembly 15 felt that we needed to put those provisions in 16 so that in the event a Health Department 17 person had contacted a spouse, and I assume it 18 would be either spouse, but for purposes of 19 the illustration would assume that the 20 Department of Health contacted the female, 21 that if the husband would find out, he might 22 -- that she had been exposed to the HIV 23 virus, that he might tend to get violent and 24 be abusive to his female wife, and that we 25 ought to have the provisions of the Office of 1 Prevention of Domestic Violence be put into 2 this bill, and so we did that. 3 Those basically are the 4 amendments that the Assembly requested and 5 that's the purpose of having the bill back. 6 The Assembly has concurred with us that these 7 amendments will achieve the purpose that they 8 desire. 9 SENATOR DOLLINGER: Mr. 10 President, just to raise a point of order. 11 ACTING PRESIDENT LEICHTER: 12 Senator Dollinger. 13 SENATOR DOLLINGER: Is the bill 14 on our desk? 15 SENATOR SKELOS: Yes. 16 SENATOR SMITH: Yes. 17 SENATOR DOLLINGER: Where? The 18 bill that was just handed to us? The bill 19 that was just handed to us is a bill sponsored 20 by Senator Wright. 21 SENATOR VELELLA: I have the 22 bill that was sponsored by Senator Velella and 23 co-sponsored by several members. Perhaps on 24 your desk you mixed up some of the papers. 25 You might want to shuffle through the mess on 1 there, and you might find the right one. 2 SENATOR DOLLINGER: Mr. 3 President, with all due respect, I don't 4 believe the bill is on our desks. 5 ACTING PRESIDENT LEICHTER: 6 Senator Paterson. 7 SENATOR PATERSON: Mr. 8 President, we appreciate that Senator Velella 9 has the bill. He wrote the bill, but the 10 issue is that we honestly don't think that the 11 bill appears on any of the desks of the 12 members, and if we could just either pass 13 the - 14 SENATOR SKELOS: We're going to 15 lay the bill aside temporarily. 16 SENATOR PATERSON: O.K. 17 SENATOR SKELOS: Please go to 18 reports of standing committees. I believe 19 there's a report - 20 ACTING PRESIDENT LEICHTER: All 21 right. Lay the bill aside. 22 SENATOR SKELOS: There is a 23 report of the Rules Committee at the desk. I 24 ask it be read. 25 ACTING PRESIDENT LEICHTER: 1 O.K. Read the report of the Rules Committee. 2 Secretary will read. 3 THE SECRETARY: Senator Bruno, 4 from the Committee on Rules, offers up the 5 following bills directly for third reading: 6 Senate Bills 2880-B, by Senator 7 Holland, an act to amend the Administrative 8 Code of the city of New York; 9 3457-A, by Senator Velella, an 10 act to amend the Vehicle and Traffic Law; 11 6643, by Senator Leibell, an 12 act to amend the Public Authorities Law; 13 6835-B, by Senator Skelos and 14 others, an act to amend the Education Law; 15 7383, by Senator Saland, an act 16 to authorize the city school districts of the 17 city of Poughkeepsie; 18 7416, by Senator Larkin, an act 19 to amend the Retirement and Social Security 20 Law; 21 7452-A, by Senator Gold, an act 22 to amend the Tax Law; 23 7490, by Senator Rath, an act 24 to amend the Real Property Tax Law; 25 7541, by Senator Seabrook, an 1 act authorizing the city of New York to 2 reconvey; 3 7662, by Senator Kuhl, an act 4 in relation to the application; 5 7702, by Senator Lack, an act 6 to amend the General Business Law; 7 7710-A, by Senator Marcellino, 8 an act to amend the Environmental Conservation 9 Law; 10 7779, by Senator Present, an 11 act to authorize the city of Salamanca; 12 7805, by the Committee on 13 Rules, an act to amend the Tax Law; 14 7812, by Senator Stafford, 15 concurrent resolution of the Senate and 16 Assembly; and 17 Assembly Bill 10978, by the 18 Committee on Rules, an act to amend the 19 Highway Law. 20 All bills directly to third 21 reading. 22 SENATOR VELELLA: Move to 23 accept the Rules report, Mr. President. 24 ACTING PRESIDENT KUHL: The 25 motion is to accept the Rules report. All 1 those in favor signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response.) 5 The Rules report is accepted. 6 Senator Smith, why do you rise? 7 SENATOR SMITH: Mr. President, 8 I request unanimous consent to be recorded in 9 the negative on Calendar Number 1554. 10 SENATOR KUHL: 1554? 11 SENATOR SMITH: That's 12 correct. 13 ACTING PRESIDENT KUHL: Without 14 objection, hearing no objection, Senator Smith 15 will be recorded in the negative on Calendar 16 Number 1554. 17 Senator Nanula, why do you 18 rise? 19 SENATOR NANULA: I too would 20 like unanimous consent to be recorded in the 21 negative on Calendar Number 1554. 22 ACTING PRESIDENT KUHL: Without 23 objection, hearing no objection, Senator 24 Nanula will be recorded in the negative on 25 Calendar Number 1554. 1 SENATOR NANULA: Thank you. 2 ACTING PRESIDENT KUHL: Senator 3 Paterson, why do you rise? 4 SENATOR PATERSON: I just rose 5 to welcome you back, Mr. President. 6 ACTING PRESIDENT KUHL: Nice to 7 be back, Senator Paterson. 8 SENATOR PATERSON: Thank you. 9 This place was starting to look like a West 10 Side Club, Mr. President. 11 SENATOR GOLD: Does this mean 12 we're going to have a change of luck now? 13 Leichter didn't help us. 14 SENATOR SKELOS: Mr. 15 President. Mr. President, I believe Calendar 16 Number 337 has now been distributed. 17 SENATOR WALDON: Explanation, 18 please. 19 SENATOR SKELOS: I ask that you 20 call up Calendar Number 337, by Senator 21 Velella. 22 ACTING PRESIDENT KUHL: Before 23 we do that, before we do that, may we have a 24 little order in the chamber, please. A lot of 25 conversations going on. If we're going to 1 conclude this session by 5:00 o'clock, we've 2 got to have some quiet. 3 Senator Seabrook, why do you 4 rise? 5 SENATOR SEABROOK: Yes, Mr. 6 President. I'd like unanimous consent to be 7 recorded in the negative on 1554. 8 ACTING PRESIDENT KUHL: Without 9 objection, Senator Seabrook will be recorded 10 in the negative on Calendar 1554. 11 Secretary will read Calendar 12 Number 337. 13 THE SECRETARY: Calendar Number 14 337, by Senator Velella, Senate Print 4422-B, 15 an act to amend the Public Health Law. 16 ACTING PRESIDENT KUHL: Does 17 some member wish an explanation? 18 SENATOR DOLLINGER: Yes. 19 SENATOR MARKOWITZ: Yes. 20 SENATOR WALDON: Yes. 21 ACTING PRESIDENT KUHL: Senator 22 Velella, an explanation has been requested by 23 three members I see raising their hands, 24 Senator Markowitz, Senator Dollinger and 25 Senator Waldon. 1 SENATOR VELELLA: First, Mr. 2 President, I want to apologize to Senator 3 Dollinger. He was correct we did not 4 distribute the correct bill. So I apologize 5 for that. 6 Again, I would just make, 7 briefly, an outline of the amendments which 8 the Assembly has requested. The following 9 changes have been made: Section 2133, Senator 10 Dollinger, has been changed by deleting the 11 last two sentences which advocates claim 12 will - 13 ACTING PRESIDENT KUHL: Senator 14 Velella, Senator Velella, excuse me just a 15 minute. Really, there is a lot -- I don't 16 know how Senator Santiago could hear the 17 explanation. There are members who are 18 talking and having conversations and walking 19 around the chamber. We're going to have some 20 order in the chamber for the balance of this 21 session. 22 Thank you for the 23 interruption. 24 SENATOR WALDON: Mr. 25 President. 1 ACTING PRESIDENT KUHL: Senator 2 Waldon, why do you rise? 3 SENATOR WALDON: Would it be 4 possible to ask Senator Velella to speak more 5 directly into the mike and slow the pace down 6 a little bit? 7 SENATOR VELELLA: Would be nice 8 if they'd turn on my mike. 9 The following are the changes 10 that the Assembly has requested, and we've 11 concurred with. 12 Section 2133 has been changed 13 by deleting the last two sentences which 14 advocates claim would have permitted overly 15 broad investigative powers of public health 16 workers. There is, therefore, absolutely no 17 basis any longer for believing or claiming 18 that quarantines would be allowed under this 19 bill. No one will be able to be quarantined 20 under this bill, which was never that intent. 21 There has also been a request that the change 22 by adding language requiring notifications to 23 be done in accordance with domestic violence 24 protocols developed pursuant to a new Section 25 2137. The new Section 2137 has been added 1 which requires Department of Health in 2 consultation with the Office of Prevention of 3 Domestic Violence statewide, and community 4 organizations, to develop a protocol for the 5 identification of domestic violence against 6 individuals who may either be in contact or 7 protected individuals. 8 Again, as I said before, this 9 was at the request of advocates who said that 10 perhaps a female might be notified by a Health 11 Department officer that she had been exposed 12 to the HIV virus and they were fearful that 13 her spouse might turn violent over that 14 notification if he found out about it, so that 15 we would now put those added protections in. 16 Paragraph (c) of subdivision 3 17 of Section 2783 of the Public Health Law has 18 been restored so as to maintain the require 19 ment that physicians who disclose confidential 20 information must act in good faith and without 21 malice in order to avoid criminal or civil 22 sanctions. 23 Those are basically the changes 24 that the Assembly requested. Assemblywoman 25 Nettie Mayersohn, who is the sponsor over in 1 that house, agreed to these changes and asked 2 that the Senate concur, and we amended our 3 bill. Those are the changes. I'd like to 4 move the bill. 5 I believe the vote on the 6 original bill was only three negatives against 7 it, and the balance of the house in support. 8 ACTING PRESIDENT KUHL: Senator 9 Santiago. 10 SENATOR SANTIAGO: Mr. 11 President, on the bill. 12 ACTING PRESIDENT KUHL: Senator 13 Santiago, on the bill. 14 SENATOR SANTIAGO: It would be 15 easier for me to support name reporting if I 16 knew that there was protection from 17 discrimination for people with HIV. If we're 18 going to have the state collect names of 19 people who test positive for HIV, we should be 20 sure that they're protected from losing their 21 jobs, that they're protected from losing their 22 homes, that they're protected from losing 23 health care. 24 Presently, if names fall into 25 the wrong hands, this may be the consequence. 1 It has happened to countless people since the 2 AIDS epidemic began. The people who have been 3 affected by this bill, this procedure, have 4 come to my office in great numbers. What we 5 need is a civil rights bill. This would go a 6 long way to solving the problem. However, 7 presently there is no such protection from HIV 8 discrimination. 9 At the urging of the people in 10 my district, and many other people in the 11 districts that you live in, I urge you not to 12 support this legislation, and I have to vote 13 in the negative. 14 ACTING PRESIDENT KUHL: Senator 15 Waldon. 16 SENATOR WALDON: Thank you, Mr. 17 President. 18 Would the gentleman yield for a 19 question or two. 20 ACTING PRESIDENT KUHL: Senator 21 Velella, do you yield for a question from 22 Senator Waldon? 23 SENATOR VELELLA: Yes, Senator. 24 ACTING PRESIDENT KUHL: Senator 25 yields. 1 SENATOR WALDON: Thank you very 2 much, Mr. President. 3 Senator, I apologize for not 4 being more thoroughly aware of what this 5 proposal contains. As you know, Paul Revere 6 just ran around and dropped it on each of our 7 desks just a few minutes ago. But to be very 8 serious, is there anything in this proviso 9 which will create sanctions against someone 10 who improperly distributes the names of those 11 who are identified in this process as HIV 12 positive? 13 SENATOR VELELLA: Yes. The 14 same protections that we have in the law, 15 Senator, that would punish a doctor or person 16 who disclosed the names of a person who is 17 exposed to any of the venereal diseases, 18 whether it be syphilis or any of the other 19 diseases that are sexually transmitted, those 20 same protections that we have for the other 21 contagious diseases would also apply to this 22 if some doctor or someone disclosed them, a 23 health official, those same punishments would 24 continued to be there. 25 SENATOR WALDON: Would the 1 gentleman continue to yield, Mr. President? 2 ACTING PRESIDENT KUHL: Senator 3 Velella, do you continue to yield? 4 SENATOR VELELLA: Yes. 5 SENATOR WALDON: Senator 6 Velella, only you know the dialogue, if any at 7 all, which occurred between yourself and 8 Assemblywoman Mayersohn, for whom I also have 9 great respect as I do for you. In that 10 colloquy, if there was one, was there any 11 discussion as to the desire of the community 12 most affected by this proposal not to have 13 this information to be made so publicly free? 14 SENATOR VELELLA: Absolutely, 15 and I think there are adequate protections 16 here. In addition, we have provisions in this 17 bill, as I explained on the main -- on the 18 bill when we passed it the last time, this is 19 not a mandatory bill. If, for example, an 20 individual has the disease and the Health 21 Department person says, We want to know the 22 names of the contacts that you have had either 23 sexually or by trans... by sharing needles or 24 any of the other means that might transmit 25 this disease, and that person that's been 1 identified says, Mind your business, I don't 2 want to tell you and leave me alone, that's 3 it. There's nothing else that the health 4 official can do. 5 There are other bills in this 6 house that would confuse and that's why some 7 of the legislators got those erroneous 8 letters. There are other bills that prescribe 9 that if you fail to reveal the name of a 10 contact, that you be criminally responsible. 11 This bill does not, is not intended and will 12 never, under this law or the amendments to the 13 original bill or the present amendments, 14 require somebody. What it does is, it 15 encourages the Health Department to solicit 16 from the individual the names of people that 17 might have been exposed and those people will 18 be contacted personally, directly and in a 19 confidential way by a Health Department 20 individual who will tell them that we have 21 reason to believe you have been exposed to the 22 virus. They will not reveal the name of the 23 person who is the infected person that 24 originally had the virus that gave them the 25 name. They will just notify them, We believe 1 you've been exposed to the HIV virus. You 2 ought to go to your own doctor and immediately 3 be tested. That's it. 4 ACTING PRESIDENT KUHL: Senator 5 Waldon. 6 SENATOR WALDON: Yes, Mr. 7 President. Through you, perhaps just one or 8 two more questions. 9 ACTING PRESIDENT KUHL: Senator 10 Velella, you continue to yield? 11 SENATOR VELELLA: Yes, sir. 12 ACTING PRESIDENT KUHL: Senator 13 continues to yield. 14 SENATOR WALDON: Senator 15 Velella, please excuse my ignorance. I'm 16 reading on page 4, 1(a) 1(2), quote: "The 17 physician believes disclosure is medically 18 appropriate and there is a significant risk of 19 infection to the contact." What does that 20 mean? 21 SENATOR VELELLA: What - 22 SENATOR WALDON: Let me read it 23 again. Page 4, line 6, number 2, quote: "The 24 physician believes disclosure is medically 25 appropriate and there is a significant risk of 1 infection to the contact." Close quote. 2 SENATOR VELELLA: What's your 3 question? That's what it says. Now, what is 4 your question? 5 SENATOR WALDON: What does that 6 really mean? 7 SENATOR VELELLA: Well, it 8 means where the physician believes that it's 9 proper under the medical conditions, what it 10 says, that if this is to say someone else, if 11 it is something that will help to stop the 12 spread, then those disclosures would be 13 medically appropriate. 14 SENATOR WALDON: Thank you very 15 much, Senator Velella. Thank you very much, 16 Mr. President. 17 On the bill, if I may. 18 ACTING PRESIDENT KUHL: Senator 19 Waldon, on the bill. 20 SENATOR WALDON: I think we're 21 going along the same route that we traveled 22 last time on this issue with a similar 23 proposal and I think that Senator Santiago was 24 on the money. I think what will happen is that 25 a certain class of people will be 1 discriminated against in many forms of their 2 life, and that they will be segregated and 3 separated out to be treated disparately. 4 I have been in contact through 5 my office with many, many people from this 6 community and the thing that they ask me to 7 support most of all is to let the awareness of 8 their condition be made voluntarily between 9 themselves and those people that they are 10 interacting with. I respect that and I will 11 honor that, in terms of the commitment that 12 I've made to them. So I cannot support this. 13 I think that we're a little way away from 14 doing the right thing by our -- those in our 15 community who are HIV-positive or are subject 16 to becoming HIV-positive, so I will support 17 Senator Santiago. 18 I will vote no on this 19 proposal. 20 ACTING PRESIDENT KUHL: Senator 21 Markowitz. 22 SENATOR MARKOWITZ: Thank you 23 very much. 24 First off, I want to say, 25 Senator Velella and members of the Senate, 1 Republican and Democrat, and the members of 2 the Assembly that we all have, most of us have 3 a common purpose in seeing in the next few 4 years an eradication of HIV/AIDS forever more 5 to ensure that all human beings in our state 6 conduct themselves in a way that will not in 7 any way cause this terrible disease to 8 continue. We all agree on that. 9 We also know that HIV/AIDS 10 impacts the gay and lesbian community and it 11 impacts the heterosexual community. We agree 12 on that as well, and yet on this bill, you can 13 understand the concerns and passions, 14 especially those of the gay and lesbian 15 community in our state, and who cannot 16 understand. For years, Senator Connor, 17 Senator Paterson and most of us have tried to 18 pass a bias-related bill in this house, a 19 strong bias-related bill. 20 What has held up the enact 21 ment of that legislation? Not bias-related 22 towards Latinos or African-Americans or other 23 ethnics but because of the inclusion of gay 24 and lesbians in that legislation. Is it any 25 wonder that that community has little trust 1 for this house? 2 I agree with them, because that 3 trust has to be earned. They and anyone else 4 in this society that are impacted by this 5 dreaded disease have a right to know that 6 confidentiality will be respected because 7 there is ongoing discrimination against many 8 different types of people whose beliefs you 9 may not share and whose sexual orientation you 10 may not understand or want to understand. 11 Here we're talking about a bill 12 that the names of contacts will be released to 13 three different health agencies, state, local 14 and county, without any training or standards 15 for those government employees. Could you 16 imagine that a physician is required to give 17 the government the names of contacts even if 18 the physician tells the state that he or she 19 will be responsible for notification and 20 certifies that fact to the state to those 21 contacts, that the law would appear in 22 communicable diseases section of the code 23 which still has sweeping powers and that HIV 24 is not a communicable disease. 25 The bill provides no funding, 1 no new funding to carry out this massive 2 program. It's an unfunded mandate on local 3 government and, from what I hear, we are 4 trying to minimize unfunded local mandates 5 that require funding and lastly, contacts' 6 names are never destroyed, never destroyed; 7 and so my suggestion to the men and women of 8 our Legislature, let us reason together. 9 Before we ever pass this legislation, we are 10 all on the same path. We all want the same 11 goal, no matter where we say we want the same 12 goal. Let's be in inclusive and sit down 13 early in the legislative session in January 14 and bring in the communities that are 15 passionate and that are involved in this and 16 that are impacted in a major way, and let's 17 resolve this, come up with a piece of 18 legislation that meets the objective and the 19 approval of all of those concerned, and that 20 is the reason why, Senator Velella, I still 21 can't support this legislation. 22 ACTING PRESIDENT KUHL: Senator 23 Breslin. Senator Breslin, did you wish to 24 speak? 25 SENATOR BRESLIN: Yes, Mr. 1 President, through you. 2 Senator Velella, there's a new 3 Section 2137, and it talks about the 4 prevention of domestic violence and it talks 5 about a particular domestic violence 6 commission. Could you tell us what that is? 7 SENATOR VELELLA: The Office of 8 Prevention of Domestic Violence. 9 Senator, we use that in 2137 10 that you're talking about? 11 SENATOR BRESLIN: Yes. 12 SENATOR VELELLA: That requires 13 the council to involve the Office of Domestic 14 Violence statewide and community organization 15 to develop a protocol for the identification 16 of domestic violence against individuals who 17 may either be a contact or protected 18 individual. 19 The language was provided by 20 the New York State Coalition against Domestic 21 Violence, and it was at their request that 22 this language be inserted in here and at the 23 request of the Assembly, and we agreed to put 24 it in. 25 SENATOR BRESLIN: Through you, 1 Mr. President, is there an existing office - 2 ACTING PRESIDENT KUHL: Senator 3 Velella, do you continue to yield? 4 SENATOR VELELLA: Yes. 5 SENATOR BRESLIN: Is there an 6 existing Office for the Prevention of Domestic 7 Violence? 8 SENATOR VELELLA: You've really 9 got me. I mean I assume that there is because 10 we refer to it; everybody's asked for it to be 11 there, but do I personally, no. They've never 12 contacted me as a perpetrator of domestic 13 violence, so I don't know if they're there or 14 not, but I assume that we do have and, if you 15 want, I will check and find out. There must be 16 an Office of Domestic Violence. 17 Your side has informed me; 18 perhaps they're more familiar with the Office 19 of Domestic Violence. They have informed me 20 that there is such an office. 21 SENATOR BRESLIN: Through you, 22 Mr. President, if the sponsor would continue 23 to yield. 24 ACTING PRESIDENT KUHL: Senator 25 Velella, do you continue to yield? 1 SENATOR VELELLA: Yes. 2 SENATOR BRESLIN: Could you ask 3 my side where that office is located. 4 VOICE: It's in the Bronx. 5 SENATOR BRESLIN: No, in what 6 agency? 7 SENATOR VELELLA: Now, I'm a 8 little embarrassed. It's part of the 9 Executive Chamber. Carol Johnston is the head 10 of the Office. 11 SENATOR BRESLIN: Thank you. 12 ACTING PRESIDENT KUHL: 13 Secretary will read the last section. 14 Senator Dollinger, why do you 15 rise? 16 SENATOR DOLLINGER: Just for a 17 question of the sponsor, if I could. 18 ACTING PRESIDENT KUHL: Senator 19 Velella, do you yield to a question from 20 Senator Dollinger? 21 SENATOR VELELLA: Yes, 22 Senator. 23 ACTING PRESIDENT KUHL: Senator 24 yields. 25 SENATOR DOLLINGER: Senator, 1 when this bill came up the first time, I voted 2 in favor of it, but I did so, and I just want 3 to make sure I understand this. 4 Is it my understanding that a 5 physician will always be involved in the 6 discussion with the person who is diagnosed as 7 being HIV-positive? 8 SENATOR VELELLA: I could 9 conceive of a possibility where a physician 10 might not be involved. 11 SENATOR DOLLINGER: Where would 12 that occur, again through you, Mr. President. 13 SENATOR VELELLA: The only 14 thing I might think of if a person went into a 15 clinic and was tested and the person giving 16 them the result in that clinic would not be a 17 doctor or a physician but might be some kind 18 of a health -- a nurse or a -- or a technician 19 that was giving them the results of their 20 blood test that they had voluntarily taken. 21 We also do have in New York 22 State, and this bill does not touch, the 23 possibility that someone can go in and be 24 anonymously tested for the HIV virus if they 25 desire, but the person it is conceivable to me 1 that might give you the bad news could be 2 other than a physician, a physician's 3 assistant or a nurse. 4 SENATOR DOLLINGER: Again 5 through you, Mr. President. Under this bill, 6 the information could be passed to the state 7 of New York without the person who's diagnosed 8 even knowing; is that correct? 9 SENATOR VELELLA: I don't know 10 in your hypothetical. I would think not. I 11 would think it's when the person is notified 12 that the doctor also notifies the Commissioner 13 of Health, who then notifies the local health 14 officer, whether it be in a county, a county 15 health officer or, as in my case, the city of 16 New York, the City health officer would be 17 notified and would then contact any person 18 that was so diagnosed and say, We'd like to 19 know the people you had contact with. Will 20 you tell us so that we can notify them that 21 they have been exposed. 22 SENATOR DOLLINGER: But again - 23 SENATOR VELELLA: And if you 24 say no, it's no; if you tell them the name 25 they're contacted confidentially. 1 SENATOR DOLLINGER: Again 2 through you, Mr. President, but doesn't your 3 bill provide that the diagnostic testing lab 4 would notify the state even though they hadn't 5 notified the individual? 6 SENATOR VELELLA: Yes. 7 SENATOR DOLLINGER: So your 8 name could be, under your bill, or under this 9 bill, your name could be given to the state 10 Health Commissioner as testing positive even 11 though you didn't even know it; is that 12 possible? 13 SENATOR VELELLA: If you gave 14 your name and you asked for the HIV test and 15 it came back positive, the health -- the 16 agency that did the testing would notify the 17 state that they had an positive hit on this 18 name, and if you didn't ask what the results 19 of my test was, I guess it's conceivable that 20 you wouldn't know, but the Health Department 21 would know. I think it's a little bit strange 22 though, that you would go to get the tests. 23 There would be a result and then you would 24 never go back to get the result, but that, I 25 guess, could conceivably happen. 1 SENATOR DOLLINGER: Again 2 through you, Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Velella, do you continue to yield? 5 SENATOR VELELLA: Yes. 6 SENATOR DOLLINGER: What 7 happens if there's a false positive? 8 SENATOR VELELLA: If there's a 9 false positive, then you would be given a 10 false result. 11 SENATOR DOLLINGER: Again 12 through you, Mr. President, but what happens 13 if there's a false positive and the 14 information is transferred to the Health 15 Department, as it would be right from the 16 lab? 17 SENATOR VELELLA: Absolutely. 18 SENATOR DOLLINGER: Your bill 19 says immediately the lab has to send this 20 information forward and the individual doesn't 21 even know it, and the process goes on and it 22 turns out the test was false. 23 SENATOR VELELLA: The 24 individual would know in a relatively short 25 time because if there was a false positive and 1 in fact that testing agency notified the state 2 Health Department and that state Health 3 Department notified the local Health 4 Department and that local Health Department 5 official came over to visit the person and 6 said, By the way, you know that test you took, 7 it was positive. Then that person would find 8 out. It would be a little bit of a delay, but 9 they would find out all the same. 10 SENATOR DOLLINGER: And just 11 one final question through you, Mr. President, 12 to Senator Velella. 13 ACTING PRESIDENT KUHL: Senator 14 continues to yields. 15 SENATOR DOLLINGER: Who's going 16 to - 17 SENATOR VELELLA: And I might 18 add, Senator, it was just pointed out to me if 19 there is a false positive, the person would 20 notify the Health Department and the Health 21 Department would take them off the list. 22 SENATOR DOLLINGER: Is there a 23 provision for that in here? 24 SENATOR VELELLA: Yes. 25 SENATOR DOLLINGER: Could you 1 tell me where? 2 SENATOR VELELLA: It's existing 3 procedures. 4 SENATOR DOLLINGER: And again 5 through you, Mr. President, the procedure that 6 you described in which the testing lab would 7 notify the state Health Commissioner without 8 the persons's physician first notifying the 9 diagnosed person, is that the current 10 procedure used for other STDs? 11 SENATOR VELELLA: I honestly 12 don't know. I honestly don't know if that's 13 the current procedure. It is the procedure to 14 be developed under this bill. Whether it's 15 the current procedure, I honestly don't know. 16 SENATOR DOLLINGER: Thank you, 17 Mr. President. 18 I'm not sure what - 19 ACTING PRESIDENT KUHL: 20 Secretary will read the last section. 21 Senator Abate, you want to 22 explain your vote? 23 SENATOR ABATE: No, I would 24 like to ask some questions. 25 ACTING PRESIDENT KUHL: Senator 1 Velella, do you yield to a question from 2 Senator Abate? Senator yields. 3 SENATOR VELELLA: Yes, Senator. 4 SENATOR ABATE: Yes, Mr. 5 President, if Senator Velella will yield to 6 some questions. 7 SENATOR VELELLA: Sure. 8 SENATOR ABATE: I just am 9 reading the bill for the first time, so I have 10 a number of questions. 11 It's my understanding 12 understanding of the current law, Senator 13 Velella. 14 SENATOR VELELLA: Go ahead. 15 SENATOR ABATE: O.K. Under the 16 current law, doctors may now notify health 17 authorities if they feel that they have a 18 patient in fact, who is not being responsible 19 and they can actually notify the partners 20 themselves; is that right? 21 SENATOR VELELLA: I guess 22 technically you're correct, but it would be 23 very difficult for someone to notify a partner 24 of a person if, in fact, they didn't know the 25 name of that person, which is very possible 1 under existing law, or the individual didn't 2 let them know who their partners would be. 3 You know, if I don't tell you 4 who my partner is I shared a needle with, 5 you're never going to know how to contact them 6 if I'm a person that shares needles with 7 people and if I chose to be tested anonymously 8 as the law now provides, you wouldn't know who 9 I was anyway to notify anybody else, so - 10 SENATOR ABATE: Well, let's 11 make the assumption. Under the current law the 12 doctor knew who the partner was, and the 13 patient refused to notify his partner. The 14 doctor today could make that notification. 15 SENATOR VELELLA: Conceivably, 16 yes. 17 SENATOR ABATE: Could directly 18 tell the partner. 19 SENATOR VELELLA: Yeah, I 20 believe so, yes. 21 SENATOR ABATE: Yes, under the 22 law as it exists. 23 SENATOR VELELLA: Under 24 existing law, yes. 25 SENATOR ABATE: Under existing 1 law. Under this law how does it change that 2 practice? 3 SENATOR VELELLA: I don't 4 believe it does, Senator, unless you see 5 something in the bill that changes it. 6 SENATOR ABATE: So you're 7 saying now a doctor now who has a patient can 8 still notify? 9 SENATOR VELELLA: Can still 10 notify? 11 SENATOR ABATE: Can still 12 notify the partner. 13 SENATOR VELELLA: I'm saying we 14 do not change existing law for that procedure. 15 If the doctor knows and the doctor feels it's 16 medical necessity, they can under existing 17 law. 18 SENATOR ABATE: Right. 19 SENATOR VELELLA: And this law 20 does not change that. 21 SENATOR ABATE: All right. 22 Senator Velella, you raised a critical issue 23 that even under the existing law the doctor's 24 hands are handicapped because if the patient 25 doesn't tell them of the existing names of 1 partners, the doctor can't do anything; is 2 that right? 3 SENATOR VELELLA: Correct. 4 SENATOR ABATE: Now, what's 5 different under this proposed law? Let's say 6 that - 7 SENATOR VELELLA: I'm glad - 8 I'm glad you asked that question. 9 SENATOR ABATE: Yes, but I need 10 to understand. Let's say an individual is 11 tested, and that individual is asked, Do you 12 have any partners, and the individual let's 13 say, doesn't want to give that information, so 14 how are we at a better place under this law 15 than under the current law? 16 SENATOR VELELLA: Well, 17 Senator, I'm glad you asked that question 18 because now what we are going to do is we are 19 going to give the Health Department of your 20 local government, in our case the city of New 21 York, the power, the right and the impetus to 22 speak to that person who has been diagnosed as 23 affected by this disease and try to counsel 24 them and bring them about to tell us who else 25 might be exposed. 1 Now, we might not be 2 successful, but certainly I've heard you talk 3 about bills here dealing with HIV where you 4 have said that counseling is an important part 5 and you've been very strongly supportive of 6 that, and I have been too, because this is a 7 traumatic disease, it's a terrible disease and 8 we are going to try to get these people 9 counseled to reveal the names voluntarily. If 10 they tell us, mind your own business and get 11 out of here, there's not very much we can do 12 and this law will not force anybody to tell 13 but we are going to encourage the local health 14 departments to go for this goal. The best 15 possible way to control this disease is to 16 find out who the other people are that have 17 been affected and to discuss with them the 18 possibility for going for tests and to 19 convince them that they ought to find out if, 20 in fact, they are carrying the virus. 21 SENATOR ABATE: You're 22 absolutely right, Senator Velella. I have 23 been outspoken and I'd say absolutely 24 committed to mandatory counseling because I 25 believe when people are informed, most people 1 will be responsible about themselves and their 2 loved ones and their partners. 3 My question is, let's assume 4 counseling is beneficial. The more people 5 understand their responsibilities they'll 6 carry it out, but don't you think people would 7 react better to their individual doctor than 8 to a strange Health Department official who 9 calls them up on the phone? How are we going 10 to be in a better position so that we know 11 about more partners and more people come 12 forward so we can get more people in treatment 13 and they understand what their status is? 14 SENATOR VELELLA: Well, the 15 average -- your local doctor would not 16 normally have the time, probably the 17 inclination, to contact people. Let's assume 18 that, and not to attribute any moral 19 promiscuity amongst people. Let's assume 20 somebody is an IV user and has shared needles 21 with maybe 15 people. Well, if you told your 22 doctor these are the 15 people I shared - 23 these are the 15 people I shared needles with, 24 I don't know how many dedicated doctors would 25 have the time or the inclination to go out and 1 contact those 15 people. So the Health 2 Department officials who are trained, who are 3 sensitized to the problems of this disease 4 would have the time to go out and be employed 5 and do the contacts like they do with other 6 socially transmitted diseases; so that's one 7 of the benefits I think, that we would get, 8 that doctors, your family doctor might not 9 have the time, the inclination or the ability 10 to contact people. 11 For example, if you shared 12 needles with someone in Manhattan, and also up 13 in Albany while you're in Albany, would your 14 doctor travel to Albany to tell that person 15 personally that they might have been exposed 16 to the HIV virus because somebody shared a 17 needle with somebody who has been identified 18 as having the HIV virus so the Health 19 Department can make those transmissions and 20 those contacts, I think, more effectively, 21 more confidentially, and probably a little bit 22 more sensitively about making them. 23 SENATOR ABATE: Could you 24 clarify this issue? If I am contacted, I've 25 been tested, I test positive and I'm contacted 1 by the health care official, and I tell them I 2 don't have any partner, but I'm not believed 3 by the public health official. What can that 4 individual do? 5 SENATOR VELELLA: Nothing, and 6 this bill allows them to do nothing more than 7 ask you and possibly try to convince you. 8 Would you think about it again, please; would 9 you try to think; would you tell us if, in 10 fact, you have -- you say, Leave me alone; I 11 don't want you to bother me. I don't have any 12 contacts, and they can't do anything else. 13 SENATOR ABATE: And what will 14 the protocol be if, after I say no, and I say 15 to this health care official, Leave me alone, 16 what will the protocol; will there be a second 17 or third step by the official, or will the 18 file be closed. 19 SENATOR VELELLA: According to 20 this bill, if you read what's here, there will 21 be nothing to be done except to ask the person 22 who's been identified as HIV-positive to 23 reveal the names of possible contacts. After 24 that, the file is closed. 25 SENATOR ABATE: Is there 1 anything in this bill that provides for 2 explaining of the health care officials around 3 confidentiality, sensitivity, understanding of 4 the nature of this law? What is built into 5 there that there's enough money invested to 6 make sure the health care provider can carry 7 out this law in an appropriate and sensitive 8 and non-discriminatory way? 9 SENATOR VELELLA: There is 10 nothing in this bill that would add any 11 requirements because there is a system in 12 place already for socially sexually 13 transmitted diseases that the Health 14 Department has in place now. That same system 15 and those same criteria would be used in 16 contacting HIV-positive people and those 17 contacts that they have. In addition, the 18 Assembly, in these amendments that bring the 19 bill back to us, mandate something above and 20 beyond and that is that the Office of Domestic 21 Violence also be contacted, so that in the 22 event a spouse or a partner might be violent 23 over this if they hear about it, there will be 24 the properly trained people to respond to that 25 family need in giving that unfortunate in 1 formation to the family. 2 SENATOR ABATE: If I -- Mr. 3 President, would Senator Velella continue to 4 yield? 5 SENATOR VELELLA: Yes. 6 SENATOR ABATE: Thank you, 7 Senator. 8 What sanctions are available - 9 I'm not aware of what the sanctions are, 10 Senator, if I'm a health care provider, and I 11 raise after the individual I've contacted, I 12 think that individual is irresponsible, and I 13 disclose the health status of that individual? 14 What's the -- what is the sanction against me 15 as a health care provider? 16 SENATOR VELELLA: Well, you 17 would no longer be licensed as a health care 18 professional because you had violated a 19 professional -- a professional 20 confidentiality. I don't know that there is a 21 misdemeanor charge in the law, but it would be 22 whatever the same punishment would be for 23 revealing that you might have been exposed to 24 a venereal disease, or that you might have 25 smallpox or that you might have hepatitis, or 1 any other medical person who is licensed who 2 would reveal any of your medical information. 3 We don't raise this to a higher 4 level, but we don't bring it to a lower 5 level. 6 SENATOR ABATE: Would you 7 consider, Senator, putting forward a bill that 8 if someone does disclose this information 9 which is inconsistent with the law and in 10 violation of the law, that they would face 11 criminal charges because I submit that this is 12 very different from the other communicable 13 diseases. This is a transmissible disease. We 14 do not have a civil rights bill that protects 15 against discrimination against people who are 16 gay. Some of the very individuals that would 17 be affected by this could be gay men, and so I 18 would say that the chances of discrimination 19 are even greater. 20 Would you consider submitting a 21 bill that would outline sanctions that would 22 be tantamount to criminal charges? 23 SENATOR VELELLA: Well, 24 Senator, first of all, I want to correct 25 something you said. This is not a gay 1 disease. 2 SENATOR ABATE: It is not a gay 3 disease. 4 SENATOR VELELLA: Certainly 5 not. 6 SENATOR ABATe: I'm not 7 suggesting that. 8 SENATOR VELELLA: It's a 9 heterosexual disease, and it's transmitted in 10 many ways, so isolating and stigmatizing the 11 gay community, I think, is wrong, so we 12 shouldn't use that as an example. 13 SENATOR ABATE: I'm so glad 14 that you feel that we should end 15 discrimination against gays. 16 SENATOR VELELLA: We show a lot 17 of common sensitivity. 18 SENATOR ABATE: And we should 19 work vigorously in this chamber to pass that 20 law because, if we truly want to end 21 discrimination, but my suggestion is that 22 there is discrimination and that we may have 23 to take much more stringent approaches to 24 prevent the disclosure and why we don't do it 25 with sexually transmitted diseases or other 1 kinds of - 2 SENATOR VELELLA: On the bill, 3 talk on the bill. If you want to ask me a 4 question, ask me a question. 5 SENATOR ABATE: Yes. I just 6 asked will you be willing to sponsor a piece 7 of legislation with stronger sanctions if an 8 individual discloses confidential information? 9 SENATOR VELELLA: Certainly, 10 and we have a provision in here, line 22, page 11 3, which talks about some penalties for people 12 who no criminal or civil liability shall 13 attach to any protected individual - 14 SENATOR ABATE: I can't 15 understand you. 16 SENATOR VELELLA: -- solely due 17 to our failure -- failure. 18 SENATOR ABATE: Where are you 19 reading? 20 SENATOR VELELLA: -- to report 21 -- page 3, line 22 to 25, so we're not 22 forcing the people to disclose anything. If 23 someone does disclose confidential information 24 that's come their way, sure, we have 25 professional punishments for them. I'd be 1 happy to consider a bill if you were going to 2 put one in -- well, I don't know if you're 3 going to be here to do it. 4 SENATOR ABATE: Maybe in 5 another capacity, I'll be able to do it. 6 SENATOR VELELLA: Who? 7 SENATOR ABATE: Maybe in another 8 capacity I'll be able to do it. 9 SENATOR VELELLA: Oh, I doubt 10 that; I doubt that, Senator; I seriously doubt 11 that. 12 ACTING PRESIDENT KUHL: Senator 13 Abate we're not here for what you're 14 discussing. 15 SENATOR VELELLA: I seriously 16 doubt that. 17 ACTING PRESIDENT KUHL: Do you 18 have another question of Senator Velella? 19 SENATOR ABATE: Senator Velella, 20 would you continue to yield? 21 SENATOR VELELLA: Well, I would 22 refuse to think about that, and I would say 23 there are many, many protections for 24 discrimination against HIV-infected people in 25 the existing law. 1 One of the things we talked 2 about when I did the "baby AIDS" bill which we 3 debated, was the fact that there's something 4 like 15 pages of protections in the state 5 statutes for people who are HIV-positive or 6 have full-blown AIDS that are no protections 7 for any other known disease. I think some of 8 the other diseases may have a paragraph or two 9 for protection. We have bent over backwards 10 to make the laws and the provisions for 11 protecting people from discrimination who have 12 AIDS, in housing, if you look at some of the 13 forms. 14 All of the protections that we 15 could possibly do are there. Could we improve 16 on them? Probably. And would I be willing to 17 work with you on improving the protections? 18 Sure, but I think we also have to keep a 19 message in mind and that is that people ought 20 to know if they were exposed to this disease. 21 We're not stigmatizing people. We're not 22 categorizing them. We're simply saying, if 23 you've been exposed to this disease, you ought 24 to know. I think you would want to know. I 25 would want to know. 1 Think of the Magic Johnson 2 case. Years after he had had some sexual 3 contacts while he was in college he finds out 4 that he was was diagnosed with this HIV 5 virus. What about people he may have had 6 contacts with between then that had been 7 exposed to this? Wouldn't they want to know? 8 SENATOR ABATE: Senator, I just 9 have a couple - 10 SENATOR VELELLA: That's all 11 we're trying to do; we're not trying to hurt 12 anybody. We're trying to give someone a 13 private notification that you know what, 14 there's a chance you might have been exposed. 15 You better go to your doctor. 16 SENATOR ABATE: And I'm just 17 trying to understand the implications of this 18 bill. 19 ACTING PRESIDENT KUHL: Senator 20 Abate. 21 SENATOR ABATE: And again I'm 22 seeing it for the first time. 23 ACTING PRESIDENT KUHL: Senator 24 Abate. 25 SENATOR ABATE: Yes. Can I 1 continue? 2 ACTING PRESIDENT KUHL: Well, 3 if you ask the Chair to -- whether the Senator 4 yields or not, certainly we'll see. 5 SENATOR ABATE: Thank you. 6 Senator, are you asking Senator Velella to 7 yield? 8 SENATOR ABATE: Yes, I am. 9 ACTING PRESIDENT KUHL: Senator 10 Velella, do you yield? 11 SENATOR VELELLA: Yes. 12 ACTING PRESIDENT KUHL: Senator 13 yields. 14 SENATOR ABATE: Thank you. 15 Right now, there are contact tracing programs, 16 federal projects. I'm really trying to under 17 stand this bill. 18 SENATOR VELELLA: Yes. 19 SENATOR ABATE: Will those 20 voluntary contact tracing programs continue to 21 be funded, and these are the programs where 22 individuals say, I want on my own to notify my 23 partners? 24 SENATOR VELELLA: Senator, I 25 couldn't answer that with any degree of 1 certainty. If the money has been put into the 2 budget, if the funding process that was 3 previously in existence is still there, yes 4 there will continue to be funding. This bill, 5 I can tell you, will not affect it negatively 6 or positively. It has nothing to do with the 7 funding sources of people who voluntarily 8 participate in another program. It simply 9 tells -- it simply creates the law that says 10 the Health Department should reach out to 11 people, try to get them to reveal their 12 contacts and notify those people who have been 13 their contacts in a confidential manner. 14 That's it. 15 Whatever was funded was 16 funded. 17 SENATOR ABATE: But don't you 18 agree that we want to - 19 ACTING PRESIDENT KUHL: Senator 20 Abate, are you asking the Senator to yield? 21 SENATOR ABATE: Yes. 22 ACTING PRESIDENT KUHL: Senator 23 Velella, do you yield? 24 SENATOR VELELLA: Yes. 25 ACTING PRESIDENT KUHL: Senator 1 yields. 2 SENATOR ABATE: Senator, don't 3 we want to encourage people to take responsi 4 bility for themselves and encourage them to 5 voluntarily reach out to their partners and to 6 talk with their partners and disclose this 7 information? 8 SENATOR VELELLA: Absolutely, 9 and that's why you should vote for this bill 10 because this encourages that. 11 SENATOR ABATE: Well, this - 12 but I understand this will put people - 13 ACTING PRESIDENT KUHL: Senator 14 Abate. Senator Abate, are you asking Senator 15 Velella to yield? 16 SENATOR ABATE: Yes. Do you want 17 me, after every question, to ask you? 18 ACTING PRESIDENT KUHL: That is 19 the normal procedure. I've kind of let you go, 20 Senator Abate, because you weren't here the 21 other day when this bill was debated, and I 22 thought we could short-cut the debate, but 23 that doesn't appear to be happening, and the 24 sun is setting as you may know. 25 SENATOR ABATE: O.K. 1 ACTING PRESIDENT KUHL: 5:00 2 o'clock is fastly coming; so, Senator Velella, 3 do you continue to yield? 4 SENATOR VELELLA: Mr. 5 President, I would caution the questioner and 6 the Senator that I will yield to two more 7 questions and then I will cease yielding. 8 ACTING PRESIDENT KUHL: Senator 9 will yield to two more questions if you'll run 10 them through the Chair. 11 SENATOR VELELLA: So put them 12 carefully, Senator. 13 SENATOR ABATE: They'll be very 14 carefully chosen, Senator. 15 SENATOR VELELLA: Thank you. 16 SENATOR ABATE: Where in this 17 bill, if an individual says I want to be 18 responsible and talk to my partner, where can 19 they notify someone, the Health Commissioner, 20 and say I want to opt out of this mandatory 21 program? I want to do the notifying, not a 22 stranger from the Health Department? Where in 23 this bill allows me to take responsibility for 24 my actions? 25 SENATOR VELELLA: Senator, you 1 were born with that right to have 2 responsibility for your own actions. This 3 bill does not stop you from having that 4 right. It doesn't create a new right. It 5 just says you can be contacted, and that's 6 it. Hang up the phone, tell the person to get 7 out. You can be responsible for yourself. 8 We're going to only try to encourage those 9 people who are not responsible for 10 themselves. You were born with that right. I 11 would never take it away from you. 12 SENATOR ABATE: And my last 13 question. 14 ACTING PRESIDENT KUHL: Senator 15 Velella, do you continue to yield for one more 16 question? 17 SENATOR VELELLA: That's it, 18 the last one, Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 yields to one more question. 21 SENATOR ABATE: And my concern, 22 and you stated it very aptly, that we need to 23 make sure that the laws are enforced. There is 24 an Executive Law, a state Human Rights Law 25 that says people with disabilities cannot be 1 discriminated against, but we also have a 2 state Division of Human Rights that has no 3 funding and very little ability to prosecute 4 these cases to make sure that the law, whether 5 it's confidentiality or the human rights law, 6 is enforced. 7 What kind of assurance can you 8 give to me that we will diligently enforce the 9 law and protect people with disabilities 10 against discrimination? 11 SENATOR VELELLA: Senator, you 12 know, I wish we would try to confine ourselves 13 to the facts of this bill. This bill does 14 nothing to deal with the Human Rights 15 Commission. It doesn't propose to do that. It 16 doesn't stop any right anybody has. If you're 17 unhappy with the funding that's been provided 18 for one state agency or another, you have 19 never been shy to offer an amendment to the 20 budget. You've never been shy to offer any 21 proposals to this house. Do them, but let's 22 talk about what's on this bill and is printed 23 here. It in no way affects any of the funding 24 either negatively or positively to any other 25 state agency. 1 Let's stick to this bill. It 2 says, if you've been diagnosed with HIV and 3 you're HIV-positive a certified Health 4 Department professional will contact you, ask 5 you to reveal the names of the people you may 6 have infected and then when they are told you 7 will notify those people discreetly and not 8 even reveal your name that you are the person 9 that may have infected them. Just notify them 10 that they have may have been infected by 11 someone, there is reason to believe they may 12 have been exposed to this virus; they ought to 13 go get tested. Simple, clean, pure, not 14 hurting anybody, not violating anybody's 15 constitutional rights, and just a plain old 16 common sense solution to a very, very 17 difficult problem. 18 I refuse to yield any further, 19 Mr. President. 20 SENATOR ABATE: And - 21 SENATOR VELELLA: Read the last 22 section. 23 SENATOR ABATE: And, Senator 24 Velella, I have no further questions. Thank 25 you very much. 1 ACTING PRESIDENT KUHL: 2 Secretary will read the last section. 3 THE SECRETARY: Section 7. 4 This bill shall take effect on the 180th day. 5 ACTING PRESIDENT KUHL: Call 6 the roll. 7 (The Secretary called the 8 roll. ) 9 ACTING PRESIDENT KUHL: Record 10 the negatives. 11 THE SECRETARY: Those recorded 12 in the negative on Calendar Number 337 are 13 Senators Markowitz, Montgomery, Sampson, 14 Santiago, Seabrook, Smith -- correction, 15 Senator Smith in the affirmative -- and 16 Senator Waldon. Ayes 55, nays 6. 17 ACTING PRESIDENT KUHL: The 18 bill is passed. 19 Senator Velella. 20 SENATOR VELELLA: Mr. 21 President, there will be an immediate meeting 22 of the Rules Committee in the Senate 23 Conference Room. 24 ACTING PRESIDENT KUHL: There 25 will be an immediate meeting of the Rules 1 Committee in the Majority Conference Room, 2 Room 332. Immediate meeting of the Rules 3 Committee in the Majority Conference Room, 4 Room 332. 5 Senator Velella. 6 SENATOR VELELLA: Could we 7 proceed to Calendar Number 53C, and take it up 8 in the regular order. 9 ACTING PRESIDENT KUHL: The 10 members -- we have a little order in the 11 chamber, a little order in the chamber, 12 please. The members take their places, staff 13 take their places. If you have to have a 14 conversation, take it out of the chamber. 15 We'll do a controversial reading on Calendar 16 53C, starting with Calendar Number 1525, by 17 Senator Holland. 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 1525, in relation to Calendar Number 1525 21 Senator Holland moves to discharge from the 22 Committee on Rules Assembly Number 8264-C and 23 substitute it for the identical Senate Bill 24 2880-B. 25 ACTING PRESIDENT KUHL: 1 Substitution is ordered. Secretary will read. 2 THE SECRETARY: Calendar Number 3 1525, by the Assembly Committee on Rules 4 Assembly Print 8264-C, an act to amend the 5 Administrative Code of the city of New York. 6 ACTING PRESIDENT KUHL: There 7 is a home rule message at the desk. Secretary 8 will read the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 61. 16 ACTING PRESIDENT KUHL: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1571, in relation to Calendar Number 1571, 20 Senator Velella moves to discharge from the 21 Committee on Rules Assembly 668-A and 22 substitute it for the identical Senate Bill 23 3457-A. 24 ACTING PRESIDENT KUHL: 25 Substitution is ordered. Secretary will read. 1 THE SECRETARY: Calendar Number 2 1571, by member of the Assembly Seminerio, 3 Assembly Print 668-A, an act to amend the 4 Vehicle and Traffic Law. 5 ACTING PRESIDENT KUHL: 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect in 30 days. 9 ACTING PRESIDENT KUHL: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 61. 14 ACTING PRESIDENT KUHL: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1572, by Senator Leibell, Senate Print 6643, 18 an act to amend the Public Authorities Law, in 19 relation to the powers of the state of New 20 York Mortgage Agency. 21 ACTING PRESIDENT KUHL: 22 Secretary will read the last section. 23 THE SECRETARY: Section 4. 24 This act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT KUHL: The 6 bill is passed. 7 Senator Volker, why do you 8 rise? 9 SENATOR VOLKER: Mr. President, 10 would you read next Calendar Number 1585, 11 please. 12 ACTING PRESIDENT KUHL: 13 Secretary will read Calendar Number 1585. 14 THE SECRETARY: Calendar Number 15 1585, by the Assembly Committee on rules, 16 Assembly Print 10978, an act to amend the 17 Highway Law, in relation to the state highway 18 system. 19 ACTING PRESIDENT KUHL: 20 Secretary will read the last section. 21 Senator Connor, why do you 22 rise? 23 SENATOR CONNOR: Briefly to 24 comment on the bill. 25 This bill comes to us as an 1 orphan. It's a handdown from the Assembly, 2 Assembly Rules Committee, and, you know, in 3 the Senate here we uphold good family values. 4 We think that bills like this ought to come 5 with two parents, one in the Senate and one in 6 the Assembly, even a bill that's as weighty as 7 allowing the Commissioner to assume 8 jurisdiction of the section in East Chestnut 9 Street, et cetera, et cetera, in the city of 10 Rome. 11 Rome has a very, very fine 12 Senator. She does a wonderful job in 13 representing the citizens of Rome as well as 14 the other parts of her district, and it's 15 curious that a bill like this would come to us 16 in this fashion, and ordinarily a bill like 17 this without the appropriate sponsorship would 18 merit a lengthy debate by our colleagues on 19 this side of the aisle, and I would gladly 20 lead that debate, and something tells me that 21 at five minutes to ten on this evening, it 22 could be a fatal debate, fatal to the 23 prospects of the bill. 24 Be that as it may, Senator 25 Hoffmann has come to me and asked me to put 1 aside my understandable concern as the leader 2 of the Minority here that bills do have proper 3 sponsorship when they come over here and has 4 asked that, on behalf of the citizens of Rome, 5 she's asked I might add rather unselfishly 6 from a sponsorship standpoint and indeed her 7 service these many years to the citizens these 8 many years has been unselfish and in their 9 best interests, even when confronted with some 10 political peculiarities like the absence of 11 sponsorship on this bill. 12 So in deference to Senator 13 Hoffmann, and only because she has asked, I 14 will cease debating this bill with another 15 hour and 53 minutes of my time remaining and 16 ask that the last section be read. 17 ACTING PRESIDENT KUHL: 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 24 roll. ) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT KUHL: The 2 bill is passed. 3 Senator Volker. 4 SENATOR VOLKER: Mr. President, 5 if you will go back to 1573 on the regular 6 order. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read. 9 THE SECRETARY: In relation to 10 Calendar Number 1573, Senator Skelos moves to 11 discharge from the Committee on Rules Assembly 12 Bill 10311-B and substitute it for the 13 identical Senate Bill 6835. 14 ACTING PRESIDENT KUHL: The 15 substitution is ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1573, by member of the Assembly Glick, 19 Assembly Bill 10311-B, an act to amend the 20 Education Law. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT KUHL: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1574, by Senator Saland, Senate Print 7383, an 9 act to authorize the city school districts of 10 the city of Poughkeepsie. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. 14 This act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call 16 the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 61. 20 ACTING PRESIDENT KUHL: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1575, by Senator Larkin, Senate Print 7416, an 24 act to amend the Retirement and Social 25 Security Law and the Administrative Code of 1 the city of New York. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 8. 5 This act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call 7 the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 61. 11 ACTING PRESIDENT KUHL: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1576, by Senator Gold, Senate Print 7452-A, an 15 act to amend the Tax Law. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. 19 This act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call 21 the roll. 22 (The Secretary called the 23 roll.) 24 THE SECRETARY: Ayes 61. 25 ACTING PRESIDENT KUHL: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1577, by Senator Rath, Senate Print 7490, an 4 act to amend the Real Property Tax Law. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 61. 14 ACTING PRESIDENT KUHL: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1578, by Senator Seabrook, Senate Print 7541, 18 an act authorizing the city of New York to 19 reconvey. 20 ACTING PRESIDENT KUHL: There 21 is a home rule message at the desk. The 22 Secretary will read the last section. 23 THE SECRETARY: Section 5. 24 This act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT KUHL: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1579, by Senator Kuhl, Senate Print 7662, an 9 act in relation to the application. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 2. 13 This act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call 15 the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 61. 19 ACTING PRESIDENT KUHL: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1580, Senator Lack moves to 23 discharge from the Committee on Rules Assembly 24 Print 4775 and substitute it for the identical 25 Senate Bill 7702. 1 ACTING PRESIDENT KUHL: The 2 substitution is ordered. The Secretary will 3 read. 4 SENATOR VOLKER: Lay that aside 5 temporarily. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside temporarily. 8 THE SECRETARY: Calendar Number 9 1581, by Senator Marcellino, Senate Print 10 7710-A, an act to amend the Environmental 11 Conservation Law. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 6. 15 This act shall take effect on the first day of 16 November. 17 ACTING PRESIDENT KUHL: Call 18 the roll. 19 (The Secretary called the 20 roll.) 21 THE SECRETARY: Ayes 61. 22 ACTING PRESIDENT KUHL: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1582, by Senator Present, Senate Print 7779, 1 an act to authorize the city of Salamanca. 2 ACTING PRESIDENT KUHL: Senator 3 Volker. 4 SENATOR VOLKER: Is there a 5 message at the desk? 6 ACTING PRESIDENT KUHL: There 7 is. 8 SENATOR VOLKER: Move to accept 9 the message. 10 ACTING PRESIDENT KUHL: The 11 motion is to accept the message of necessity 12 on Calendar Number 1582. All those in favor 13 signify by saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The message is accepted. 18 The bill is before the house. 19 There is a home rule message at 20 the desk. 21 The Secretary will read the 22 last section. 23 THE SECRETARY: Section 3. 24 This act shall take effect on the same date as 25 the city of Salamanca. 1 ACTING PRESIDENT KUHL: Call 2 the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 61. 6 ACTING PRESIDENT KUHL: The 7 bill is passed. 8 SENATOR VOLKER: Is there a 9 message at the desk on 1583, please? 10 THE SECRETARY: Calendar Number 11 1583, by the Senate Committee on Rules, Senate 12 Print 7805, an act to amend the Tax Law. 13 SENATOR VOLKER: Move to accept 14 the message. 15 ACTING PRESIDENT KUHL: There 16 is. The motion is to accept the message of 17 necessity on Calendar Number 1583. All those 18 in favor signify by saying aye. 19 (Response of "Aye".) 20 Opposed, nay. 21 (There was no response.) 22 The message is accepted. 23 The bill is before the house. 24 The Secretary will read the 25 last section. 1 THE SECRETARY: Section 6. 2 This act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call 4 the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 61. 8 ACTING PRESIDENT KUHL: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1584, by Senator Stafford, Senate Print 7812, 12 concurrent resolution of the Senate and 13 Assembly, proposing an amendment to Section 25 14 of Article VI. 15 ACTING PRESIDENT KUHL: The 16 question is on the resolution. The Sec... 17 SENATOR DOLLINGER: Lay it 18 aside for an explanation. 19 ACTING PRESIDENT KUHL: We're 20 on debate. 21 SENATOR DOLLINGER: Can I have 22 an explanation? 23 ACTING PRESIDENT KUHL: Who do 24 you wish to handle the debate? Do you have an 25 explanation request, Senator Dollinger? 1 SENATOR DOLLINGER: Yes, I do, 2 Mr. President. I just have never seen this 3 bill before. I would just like to know -- it 4 deals with something with retirement for 5 judges. Brief explanation to just tell me 6 what it does. What does it do? 7 Mr. President, does this extend 8 the certification program for Supreme Court 9 judges to the Court of Claims? 10 ACTING PRESIDENT KUHL: That's 11 correct. 12 SENATOR DOLLINGER: No 13 objection. 14 ACTING PRESIDENT KUHL: 15 Explanation satisfactory. The Secretary will 16 call the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 61. 20 ACTING PRESIDENT KUHL: The 21 resolution is adopted. 22 SENATOR DOLLINGER: Thank you, 23 Mr. President. 24 ACTING PRESIDENT KUHL: Senator 25 Volker, that completes the controversial 1 reading, with the exception of 1580, on 2 Supplemental Calendar Number 53-C. 3 SENATOR VOLKER: Would you call 4 up Calendar Number 737, please. 5 SENATOR GENTILE: Mr. 6 President. 7 SENATOR VOLKER: The bill was 8 previously passed, recalled, and I think 9 restored. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the title to Calendar 12 Number 737. 13 THE SECRETARY: Calendar Number 14 737, by Senator Wright, Senate Print 7318-B, 15 an act to amend the Alcoholic Beverage Control 16 Law. 17 ACTING PRESIDENT KUHL: Senator 18 Volker. 19 SENATOR VOLKER: Is there a 20 message at the desk, please? 21 ACTING PRESIDENT KUHL: There 22 is. 23 SENATOR VOLKER: The motion is 24 to accept the message. 25 ACTING PRESIDENT KUHL: The 1 motion is to accept the message of necessity 2 on Calendar Number 737. All those in favor 3 signify by saying aye. 4 (Response of "Aye".) 5 Opposed, nay. 6 (There was no response.) 7 The message is accepted. 8 The bill is before the house. 9 Senator Dollinger. 10 SENATOR DOLLINGER: Mr. 11 President, rather than try to leap through the 12 piles on my desk, can I ask Senator Wright 13 what previous bill this is and what it does in 14 two seconds. 15 We already voted on this one 16 today, Mr. President? 17 ACTING PRESIDENT KUHL: 18 Correct. 19 SENATOR WRIGHT: 7318-B, it's 20 on your desk. The only change is made to line 21 number -- page 4, line 40, where we define the 22 scanning device. It's the scanning device 23 used to ID for sale of alcohol and tobacco to 24 minors. It's a Governor's bill. We've 25 redefined the device being utilized to 1 include - 2 SENATOR DOLLINGER: Explanation 3 satisfactory. Thank you. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 6. 7 This act shall take effect on September 1st. 8 ACTING PRESIDENT KUHL: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT KUHL: The 14 bill is passed. 15 Senator Volker. 16 SENATOR VOLKER: Motions and 17 resolutions, housekeeping. 18 SENATOR GENTILE: Mr. 19 President. Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Gentile. 22 SENATOR GENTILE: I would just 23 like unanimous consent to be recorded in the 24 negative on Calendar Number 1568. 25 ACTING PRESIDENT KUHL: Without 1 objection, hearing no objection, Senator 2 Gentile will be recorded in the negative on 3 Calendar Number 1568. 4 Senator Meier. 5 SENATOR MEIER: Mr. President, 6 on behalf of Senator Larkin, I wish to call up 7 his bill, Print Number 6781-B, recalled from 8 the Assembly, which is now at the desk. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Larkin, Senate Bill 6781-C, an act to amend 13 the Penal Law. 14 ACTING PRESIDENT KUHL: Senator 15 Meier. 16 SENATOR MEIER: I now move to 17 reconsider the vote by which this bill was 18 passed. 19 ACTING PRESIDENT LEICHTER: The 20 motion is to reconsider the vote by which the 21 bill passed the house. 22 The Secretary will call the 23 roll on reconsideration. 24 (The Secretary called the roll 25 on reconsideration.) 1 THE SECRETARY: Ayes 61. 2 ACTING PRESIDENT KUHL: Senator 3 Meier. 4 SENATOR MEIER: Mr. President, 5 I now offer the following amendments. 6 ACTING PRESIDENT KUHL: The 7 amendments are received. 8 Senator Volker. 9 SENATOR VOLKER: Is there 10 another Rules report at the desk? 11 ACTING PRESIDENT KUHL: There 12 is. 13 SENATOR VOLKER: Will you have 14 it read at this time, please. 15 ACTING PRESIDENT KUHL: We'll 16 return to the order of reports of standing 17 committees. There is a report of the Rules 18 Committee at the desk. I'll ask the Secretary 19 to read. 20 THE SECRETARY: Senator Bruno, 21 from the Committee on Rules, offers up the 22 following bills directly for third reading: 23 Senate Bill 7784, by the 24 Committee on Rules, an act to amend Chapter 54 25 of the Laws of 1998; 1 7786, by the Senate Committee 2 on Rules, an act making an appropriation to 3 the Office of Children and Family; 4 7787, by the Committee on 5 Rules, an act to amend Chapter 54 of the Laws 6 of 1998; 7 7788, by the Committee on 8 Rules, an act to amend Chapter 54 of the Laws 9 of 1998. 10 All bills directly for third 11 reading. 12 ACTING PRESIDENT KUHL: Senator 13 Volker. 14 SENATOR VOLKER: Move to accept 15 the Rules report. 16 ACTING PRESIDENT KUHL: The 17 motion is to accept the report of the Rules 18 Committee. All those in favor signify by 19 saying aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The report of the Rules 24 Committee is accepted. 25 SENATOR VOLKER: Could we take 1 up Supplemental Calendar 53-D now. 2 SENATOR DOLLINGER: Mr. 3 President, I don't have it. That's all. 4 SENATOR VOLKER: Yeah. They're 5 just handing them out. 6 ACTING PRESIDENT KUHL: For the 7 benefit of the members, we will be taking up 8 Supplemental Calendar Number 53-D, which is 9 being distributed right now, along with the 10 bills. As soon as those are distributed, we 11 will proceed. There are, I believe, the sum 12 of four bills on this calendar. 13 I believe the Calendars are 14 distributed, the bills are distributed. Any 15 member who does not have them? 16 (There was no response.) 17 I'll ask the Secretary to read 18 again controversial calendar reading number 19 53-D beginning with Calendar Number 1586, 20 Senate Print 7784. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1586, by the Committee on Rules, Senate Print 24 7784, an act to amend Chapter 54 of the Laws 25 of 1998. 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 3. 4 This act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes - 10 ACTING PRESIDENT KUHL: Senator 11 Dollinger, to explain his vote. 12 SENATOR DOLLINGER: Thank you, 13 Mr. President. 14 I'll be brief and I'll address 15 the other three bills that are on this Rules 16 Committee report. 17 I want to commend my colleagues 18 on the other side of the aisle for standing up 19 for the cost of living adjustment for probably 20 the workers who do the most work for the least 21 pay in this state. These are the people who 22 provide our direct services for those in the 23 alcoholism and substance abuse service field, 24 the family and children services, the mental 25 health field and the developmental 1 disabilities. 2 Frankly, Mr. President, I 3 regard this as the one veto which is -- I know 4 this is not an override, Mr. President, but 5 this is a veto that I believe was so wrong 6 headed. It just took away a two and a half 7 percent pay raise for some of the people who 8 do our most difficult work and do something 9 that is enormously difficult for any of us to 10 do. 11 I don't know what the second 12 floor was thinking when they did this. I am 13 glad that my colleagues on the other side of 14 the aisle, my colleagues in the Assembly 15 obviously convinced the man who sits on the 16 second floor who wielded his veto pen to put 17 that pen back in his pocket and let these 18 bills pass. 19 This is something that I never 20 understood. I don't understand to this day. 21 I'm happy to vote for it, Mr. President. I 22 salute my colleagues for making this happen. 23 This is simple justice and fairness for these 24 workers. 25 ACTING PRESIDENT KUHL: Senator 1 Dollinger will be recorded in the 2 affirmative. Announce the results. 3 THE SECRETARY: Ayes 61. 4 ACTING PRESIDENT KUHL: The 5 bill is passed. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: Calendar Number 9 1587, by the Committee on Rules, Senate Print 10 7786, an act making an appropriation to the 11 Office of Children and Family Services. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call 17 the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 61. 21 ACTING PRESIDENT KUHL: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1588, by the Committee on Rules, Senate Print 25 7787, an act to amend Chapter 54 of the Laws 1 of 1998. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 3. 5 This act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call 7 the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 61. 11 ACTING PRESIDENT KUHL: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1589, by the Committee on Rules, Senate Print 15 7788, an act to amend Chapter 54 of the Laws 16 of 1998. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 3. 20 This act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT KUHL: The 2 bill is passed. 3 Senator Volker, that completes 4 the controversial reading of Calendar Number 5 53-D. 6 SENATOR VOLKER: Stand at ease 7 momentarily. We're waiting for the next Rules 8 report that should be here post haste. 9 ACTING PRESIDENT KUHL: The 10 Senate will stand at ease for a brief moment. 11 (Whereupon, the Senate stood at 12 ease from 10:10 p.m. until 10:13 p.m.) 13 SENATOR VOLKER: Mr. President, 14 would you return to reports of standing 15 committees. 16 ACTING PRESIDENT KUHL: The 17 Senate will come to order. Ask the members to 18 take their chairs, the staff to take their 19 places. Return to the order of reports of 20 standing committees. 21 Senator Volker. 22 SENATOR VOLKER: Read the 23 report of the Rules Committee at the desk, 24 please. 25 ACTING PRESIDENT KUHL: There 1 is a report of the Rules Committee at the 2 desk. 3 I'll ask the Secretary to read. 4 THE SECRETARY: Senator Bruno, 5 from the Committee on Rules, offers up the 6 following bills directly for third reading: 7 Senate Bill 3302, by Senator 8 Johnson, an act to amend the Banking Law and 9 the Tax Law; 10 5384-A, by Senator Leibell, an 11 act to redistribute 1997 bond volume 12 allocations; 13 5584-A, by Senator Oppenheimer, 14 an act to amend the Vehicle and Traffic Law; 15 6066, by Senator Stachowski and 16 others, an act to amend the Education Law; 17 6498-B, by Senator Larkin, an 18 act to authorize the city of Newburgh; 19 6555-B, by Senator Farley, an 20 act to amend the Banking Law; 21 7258, by Senator Rath, an act 22 to amend the Education Law; 23 7379, by Senator Alesi, an act 24 to amend the Tax Law; 25 7585, by Senator Spano, an act 1 to amend Chapter 640 of the Laws of 1997; 2 7597-A, by Senator Alesi, an 3 act to authorize the city of Rochester; 4 7640, by Senator Marcellino, an 5 act to amend the Tax Law; 6 7649, by Senator Skelos, an act 7 to amend the Public Health Law; 8 7688, by Senator Leibell, an 9 act to amend the Public Authorities Law; 10 7747, by the Committee on 11 Rules, an act to amend the Retirement and 12 Social Security Law; 13 7749, by Senator Cook, an act 14 to allow certain police officers; 15 7754, by Senator Saland and 16 others, an act to amend the Education Law; 17 7759, by Senator Cook, an act 18 to amend the Real Property Tax Law; 19 7760, by Senator Larkin, an act 20 to amend the Real Property Tax Law; 21 7767, by the Committee on 22 Rules, an act to amend the Real Property Tax 23 Law; 24 7775, by Senator Velella, an 25 act to amend the Insurance Law; 1 7817, by Senator Bruno and 2 others, an act to amend the Labor Law; 3 7828, by the Committee on 4 Rules, an act to amend a chapter of the laws 5 of 1998. 6 All bills directly for third 7 reading. 8 ACTING PRESIDENT KUHL: Senator 9 Volker. 10 SENATOR VOLKER: Mr. President, 11 on everybody's desk is Senate Supplemental 12 Calendar 53-E and the bills are there also. 13 We'll start with the first bill and do the 14 non-controversial. 15 ACTING PRESIDENT KUHL: On 16 motion by Senator Volker to accept the report 17 of the Rules Committee, all those in favor 18 signify by saying aye. 19 (Response of "Aye".) 20 Opposed, nay. 21 (There was no response.) 22 The Rules report is accepted. 23 Non-controversial reading of 24 Calendar Number 53-E. 25 The Secretary will read 1 beginning with Calendar Number 1590 by Senator 2 Johnson. 3 THE SECRETARY: In relation to 4 Calendar Number 1590, Senator Johnson moves to 5 discharge - 6 ACTING PRESIDENT KUHL: Can we 7 please have a little order, a little order in 8 the chamber. The members please take their 9 seats, the staff please take their positions. 10 Take the conversations, if there are any, out 11 of the chamber. 12 The Secretary will read. 13 THE SECRETARY: In relation to 14 Calendar Number 1590, Senator Johnson moves to 15 discharge from the Committee on Rules Assembly 16 Print 5924 and substitute it for the identical 17 Senate Bill 3302. 18 ACTING PRESIDENT KUHL: The 19 substitution is ordered. 20 The Secretary will read the 21 title. 22 SENATOR VOLKER: Lay it aside 23 temporarily, please. 24 ACTING PRESIDENT KUHL: Lay the 25 bill aside temporarily. 1 THE SECRETARY: In relation to 2 Calendar Number 1592, Senator Oppenheimer 3 moves to discharge from the Committee on Rules 4 Assembly Bill 6517-A and substitute it for the 5 identical Senate Bill 5584-A. 6 ACTING PRESIDENT KUHL: The 7 substitution is ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1592, by member of the Assembly Matusow, 11 Assembly Print 6517-A, an act to amend the 12 Vehicle and Traffic Law. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section -- there 15 is a home rule message at the desk. The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT KUHL: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 1593, by Senator Stachowski, Senate Print 3 6066, an act to amend the Education Law, in 4 relation to authorizing. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 61. 14 ACTING PRESIDENT KUHL: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1594, by Senator Larkin, Senate Print 6498-B, 18 an act to authorize the city of Newburgh. 19 ACTING PRESIDENT KUHL: There 20 is a home rule message at the desk. The 21 Secretary will read the last section. 22 THE SECRETARY: Section 3. 23 This act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call 25 the roll. 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 61. 4 ACTING PRESIDENT KUHL: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1595, Senator Farley moves to 8 discharge from the Committee on Rules Assembly 9 Print 11220 and substitute it for the 10 identical Senate Bill 6555-B. 11 ACTING PRESIDENT KUHL: The 12 substitution is ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1595, by the Assembly Committee on Rules, 16 Assembly Print 11220, an act to amend the 17 Banking Law. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call 23 the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 61. 2 ACTING PRESIDENT KUHL: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 1596, Senator Rath moves to 6 discharge from the Committee on Rules Assembly 7 Bill 10205 and substitute it for the identical 8 Senate Bill 7258. 9 ACTING PRESIDENT KUHL: The 10 substitution is ordered. 11 The Secretary will read the 12 title. 13 THE SECRETARY: Calendar Number 14 1596, by member of the Assembly Ortiz, 15 Assembly Print 10205, an act to amend the 16 Education Law. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 ACTING PRESIDENT KUHL: Record 1 the negative. Announce the results. 2 THE SECRETARY: Ayes 60, nays 3 one, Senator Breslin recorded in the negative. 4 ACTING PRESIDENT KUHL: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1597, by Senator Alesi, Senate Print 7379, an 8 act to amend the Tax Law, in relation to 9 facilitating. 10 SENATOR PATERSON: Lay it 11 aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 1598, by Senator Spano, Senate Print 7585, an 16 act to amend Chapter 640 of the Laws of 1997. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT KUHL: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1599, Senator Alesi moves to 5 discharge from the Committee on Rules Assembly 6 Bill 11183-A and substitute it for the 7 identical Senate Bill 7597-A. 8 ACTING PRESIDENT KUHL: The 9 substitution is ordered. Read the title. 10 THE SECRETARY: Calendar Number 11 1599, by the Assembly Committee on Rules, 12 Assembly Print 11183-A, an act to authorize 13 the city of Rochester. 14 ACTING PRESIDENT KUHL: There 15 is a home rule message at the desk. The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT KUHL: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 1600, by Senator Marcellino, Senate Print 3 7640, an act to amend the Tax Law, in relation 4 to the establishment. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 3. 8 This act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 61. 14 ACTING PRESIDENT KUHL: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1601, by Senator Skelos, Senate Print 7649, an 18 act to amend the Public Health Law. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 4. 22 This act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call 24 the roll. 25 (The Secretary called the 1 roll.) 2 THE SECRETARY: Ayes 61. 3 ACTING PRESIDENT KUHL: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1602, by Senator Leibell, Senate Print 7688, 7 an act to amend the Public Authorities Law. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 3. 11 This act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call 13 the roll. 14 (The Secretary called the 15 roll.) 16 THE SECRETARY: Ayes 61. 17 ACTING PRESIDENT KUHL: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1603, Senator Bruno moves to 21 discharge from the Committee on Rules Assembly 22 Bill 10889-A and substitute it for the 23 identical Senate Bill 7747. 24 ACTING PRESIDENT KUHL: The 25 substitution is ordered. 1 Secretary will read the title. 2 THE SECRETARY: Calendar Number 3 1603, by the Assembly Committee on Rules, 4 Assembly Print 10889-A, an act to amend the 5 Retirement and Social Security Law. 6 ACTING PRESIDENT KUHL: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 61. 15 ACTING PRESIDENT KUHL: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1604, by Senator Cook, Senate Print 7749, an 19 act to allow certain police officers of the 20 town of Woodstock. 21 ACTING PRESIDENT KUHL: There 22 is a home rule message at the desk. The 23 Secretary will read the last section. 24 THE SECRETARY: Section 3. 25 This act shall take effect immediately. 1 ACTING PRESIDENT KUHL: Call 2 the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 61. 6 ACTING PRESIDENT KUHL: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1605, by Senator Saland, Senate Print 7754, an 10 act to amend the Education Law, in relation to 11 the protection. 12 SENATOR PATERSON: Lay it 13 aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 1608, by the Committee on Rules, Senate Print 18 7767, an act to amend the Real Property Tax 19 Law. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 3. 23 This act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call 25 the roll. 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 61. 4 ACTING PRESIDENT KUHL: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1609, by Senator Velella, Senate Print 7775, 8 an act to amend the Insurance Law. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 2. 12 This act shall take effect in 30 days. 13 ACTING PRESIDENT KUHL: Call 14 the roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 61. 18 ACTING PRESIDENT KUHL: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1610, by Senator Bruno, Senate Print 7817, an 22 act to amend the Labor Law, in relation to the 23 Unemployment Insurance Law. 24 ACTING PRESIDENT KUHL: Senator 25 Volker. 1 SENATOR VOLKER: Is there a 2 message at the desk? 3 ACTING PRESIDENT KUHL: There 4 is. 5 SENATOR VOLKER: Move to accept 6 the message. 7 ACTING PRESIDENT KUHL: The 8 motion is to accept the message of necessity 9 on Calendar Number 1610. All those in favor 10 signify by saying aye. 11 (Response of "Aye".) 12 Opposed, nay. 13 (There was no response.) 14 The message is accepted. 15 The bill is before the house. 16 Senator Dollinger? Lay the 17 bill aside. 18 THE SECRETARY: Calendar Number 19 1611, by the Committee on Rules, Senate Print 20 7828, an act to amend a chapter of the Laws of 21 1998. 22 SENATOR VOLKER: Is there a 23 message at the desk? 24 ACTING PRESIDENT KUHL: There 25 is. The motion is to accept the message on 1 Calendar Number 1611. All those in favor 2 signify by saying aye. 3 (Response of "Aye".) 4 Opposed, nay. 5 (There was no response.) 6 The message is accepted. 7 The bill is before the house. 8 The Secretary will read the 9 last section. 10 THE SECRETARY: Section 2. 11 This act shall take effect on the same date as 12 a chapter. 13 ACTING PRESIDENT KUHL: Call 14 the roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 61. 18 ACTING PRESIDENT KUHL: The 19 bill is passed. 20 Senator Volker, that completes 21 the reading of the non-controversial Calendar 22 Number 53-E. 23 Senator Libous, why do you 24 rise? 25 SENATOR LIBOUS: Thank you, Mr. 1 President. 2 I would like unanimous consent 3 to be recorded in the negative on Calendar 4 Number 1596. 5 ACTING PRESIDENT KUHL: Without 6 objection, hearing no objection, Senator 7 Libous will be recorded in the negative on 8 Calendar Number 1596. 9 Senator Volker, we do have a 10 little housekeeping at the desk. If we might 11 return to the order of motions and 12 resolutions. 13 The Chair recognizes Senator 14 Libous for a motion. 15 SENATOR LIBOUS: Thank you, Mr. 16 President. 17 On behalf of Senator Goodman, 18 on page -- there's no page. 19 ACTING PRESIDENT KUHL: On no 20 page, Senate Print - 21 SENATOR LIBOUS: On no page, I 22 offer the following amendments to Calendar 23 Number 1504, Senate Print Number 7776, and ask 24 that said bill retain its place on the Third 25 Reading Calendar. 1 ACTING PRESIDENT KUHL: The 2 amendments to Calendar Number 1504 will be 3 received and adopted. The bill will retain 4 its place on the Third Reading Calendar on no 5 page. 6 Senator Volker. 7 SENATOR VOLKER: Mr. President, 8 can we start non-controversial with Calendar 9 Number 1597, please -- controversial. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the controversial reading 12 of Supplemental Calendar Number 53-E, 13 beginning with Calendar Number 1597, by 14 Senator Alesi. 15 ACTING PRESIDENT KUHL: 16 Calendar Number 1597, by Senator Alesi, Senate 17 Print 7379, an act to amend the Tax Law. 18 SENATOR GOLD: Explanation, 19 please. 20 SENATOR ALESI: Lay it aside 21 for the day, Mr. President. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside for the day. 24 SENATOR GOLD: Then I don't 25 want an explanation. 1 THE SECRETARY: Calendar Number 2 1605, by Senator Saland, Senate Print 7754, an 3 act to amend the Education Law. 4 SENATOR GOLD: Explanation. 5 ACTING PRESIDENT KUHL: Senator 6 Saland, an explanation has been requested by 7 Senator Gold. 8 SENATOR SALAND: Thank you, Mr. 9 President. 10 Mr. President, this is a -- a 11 bill which attempts to deal with the subject 12 of abuse that occurs in a school setting. You 13 may recall earlier this week we dealt with a 14 bill, a bill which similarly attempted to deal 15 with this particularly troublesome and vexing 16 problem and in the ensuing days we've 17 attempted to try and negotiate some kind of an 18 agreement with the Assembly and unfortunately 19 as I stand here today, I can't in all candor 20 tell you that we have accomplished that, but 21 let me tell you what this bill does and why 22 this bill has been not only supported by the 23 School Boards Association but you may recall 24 that the bill which we previously dealt with 25 was opposed by the -- by NYSUT. 1 This particular bill, while it 2 doesn't bear a memo in support by NYSUT, the 3 objections that had previously been at the 4 heart of their concerns have been removed and 5 that primarily was the access to the central 6 registry for purposes of attempting part of 7 the screening process. 8 This bill does basically three 9 things: The first thing that it does is it 10 establishes that prospective employees of 11 school systems -- and when I say "school 12 systems", I exclude the city of New York 13 because currently the city of New York has a 14 fingerprinting mechanism. All employees in 15 the city of New York are screened. 16 This bill says elsewhere in the 17 state of New York, whether it be Long Island, 18 whether it be in the Mid-Hudson, whether it be 19 any area of upstate New York, if you are a 20 school employee, when you seek a position in 21 that school, you are going to be fingerprinted 22 and screened by DCJS to determine if you have 23 a criminal record. 24 Why would we do that? Well, 25 the reason we would do that is because, based 1 on the experience in New York City, based on 2 the experience that has occurred in other 3 states, we find that a significant number of 4 people with criminal records are screened out 5 by way of this fingerprinting criminal check. 6 In New York City, the last year 7 for which those complete records are 8 available, that is, from 25,000 screens, some 9 1200 of them came back with criminal records, 10 including homicides, including sex offenses. 11 We feel that by eliminating those people, we 12 are enhancing the likelihood of our children 13 being in a safer school environment. 14 Secondly, what we attempt to do 15 is to require reporting. When an incident 16 occurs, if a child has been abused physically 17 or sexually in a school setting, we don't want 18 that swept under the carpet. We don't want 19 that to go away. We don't want school 20 officials to investigate it and try to hush 21 it. What we want is we want it to be 22 reported, reported immediately, reported to 23 law enforcement and we want law enforcement to 24 investigate, and as part and parcel of this 25 same bill - 1 ACTING PRESIDENT KUHL: Senator 2 Saland, excuse me just a minute. 3 Senator Gold, why do you rise? 4 SENATOR GOLD: Well, I have one 5 question, but I figured he's almost finished 6 with the explanation, so I don't want to 7 interrupt the last part of his explanation. 8 SENATOR SALAND: Thank you very 9 much, Senator Gold. 10 As part and parcel of this same 11 bill, we also in effect criminalize so-called 12 "silent resignation". If there is an effort 13 by a school superintendent to avoid the 14 reporting process and that reporting process 15 -- incidentally, the failure to report would 16 be a misdemeanor -- if there's an effort to 17 avoid that reporting process, to look away and 18 accept the silent resignation, we criminalize 19 that act by making it a felony as well. 20 Keep in mind that there's over 21 two million students every day that are 22 attending our schools here in New York State. 23 Most parents, as I have said before, believe 24 when their children leave for school, they are 25 leaving to not only go to attend school for 1 purposes of obtaining a quality education but 2 they're going to be safe and they're not going 3 to have to contend with people who are sexual 4 abusers, who are predators. 5 This bill is an effort to, in 6 effect, level the playing field, to say that 7 people, children particularly, throughout New 8 York State are going to have that playing 9 field leveled. 10 New York City alone is not 11 going to have this fingerprinting mechanism. 12 We're going to do it throughout, from the tip 13 of Long Island to the Adirondacks to Western 14 New York. It's critical, absolutely critical, 15 and I would suggest to you, and I say this 16 with a very, very heavy heart, that over in 17 the Assembly I fear that what they are doing 18 is just waiting for an accumulation of numbers 19 and I would ask our friends in the Majority in 20 the Assembly, how many incidents is it going 21 to take? Are you waiting for 300? Are you 22 waiting for 200? Are you waiting for 100? 23 How many incidents before the Assembly is 24 concerned? How many children must be abused? 25 How many predators must escape? Are they 1 waiting for fatalities? What is it that 2 they're waiting for? They have chosen 3 specifically to turn their back on this 4 problem. 5 ACTING PRESIDENT KUHL: Senator 6 Gold. 7 SENATOR GOLD: Will Senator 8 Saland yield to one question? 9 ACTING PRESIDENT KUHL: Senator 10 Saland, do you yield to a question from 11 Senator Gold? 12 SENATOR SALAND: Certainly. 13 ACTING PRESIDENT KUHL: The 14 Senator yields. 15 SENATOR GOLD: Senator Paterson 16 and I are confused only on one issue. We are 17 getting some information that NYSUT is opposed 18 to this. You have said that there's no memo 19 in support. 20 SENATOR SALAND: No, no, no. I 21 did not say they had a memo in support. No, 22 no, no. 23 SENATOR GOLD: You said there 24 was no memo in support. 25 SENATOR SALAND: Correct. Nor 1 is there a memo in opposition, whereas they 2 had opposed the version that we debated 3 earlier this week. 4 SENATOR GOLD: Yes. 5 SENATOR SALAND: Now, one of 6 the provisions of this bill provides that if 7 there is a conviction of a child abuse crime, 8 that instead of going through a separate 9 procedure to have a license removed in the 10 case of a teacher -- and remember we're not 11 talking merely teachers here. We're talking 12 all school employees, whether they be 13 maintenance personnel, whether they be 14 clerical personnel, whether they be any school 15 employee, but what this says is in the case of 16 a teacher, that, if, in fact, you are 17 convicted of a sexual-related crime, child 18 abuse-related crime, that you would, 19 therefore, run the risk of having not -- let 20 me rephrase that. You would not have a second 21 hearing, a Part 83 hearing, which is a hearing 22 which deals with the subject of whether you 23 are of proper moral character to be a 24 teacher. By reason of the higher standard of 25 evidence, beyond a reasonable doubt, being in 1 effect, excused or denied the second hearing. 2 Now, there is some concerns - 3 and let me address this in response to your 4 question, Senator Gold. There are some 5 concerns that that standard should be limited 6 to felonies, that, in fact, that should only 7 occur where a felony has occurred, and I am 8 prepared inasmuch and would have been prepared 9 in negotiations with the Assembly to 10 specifically address that issue and limit its 11 application to felonies and would be prepared 12 to do that were we to have an agreement by way 13 of a chapter amendment. 14 SENATOR GOLD: Will the Senator 15 yield to one last question? 16 SENATOR SALAND: Yes. 17 ACTING PRESIDENT KUHL: The 18 Senator yields. 19 SENATOR GOLD: Senator, I -- I 20 have not been involved in this negotiation and 21 I was just talking to a reporter for a great 22 metropolitan newspaper who is asking whether 23 or not we've had changes in procedures, 24 healthy changes going back the way it used to 25 be, healthier, and it seems to me I've seen 1 some things going on today where I've seen 2 members negotiating and to me I think that's 3 great. I would always rather see a member 4 negotiate rather than a counsel, with all due 5 respect to counsels who I love but, Senator, I 6 think the record indicates that you have been 7 here most of the day. Are you saying that 8 there is no willingness to negotiate? I mean, 9 this is a situation where apparently we've had 10 changes in the prints. Apparently NYSUT has 11 changed their position so that what they were 12 concerned about has now apparently been 13 softened and are you telling us now that there 14 is no negotiation available on this issue? 15 SENATOR SALAND: These 16 negotiations have been effectively terminated 17 by the Assembly. The Assembly, in all candor, 18 has said they don't want to deal with the 19 issue of the reporting process and just 20 basically have walked away from attempting to 21 resolve this issue. 22 SENATOR GOLD: Thank you. 23 ACTING PRESIDENT KUHL: Senator 24 Paterson, why do you rise? 25 SENATOR PATERSON: Mr. 1 President, on the bill. 2 ACTING PRESIDENT KUHL: Senator 3 Paterson, on the bill. 4 SENATOR PATERSON: I debated 5 Senator Saland in this chamber and it was just 6 a couple days ago and for the benefit of 7 anyone who is coming over here asking what 8 time the session is ending, we have a number 9 of these bills that are renegotiated and 10 they're coming back and I am incredulous as to 11 why we're redebating them for an hour as we 12 have done several times this evening and then 13 there's a concern about what time the session 14 is going to end, but I would just like to say 15 that it appears that Senator Saland has 16 addressed a number of the issues that were 17 raised in that debate the other day and to the 18 extent that the only issue that I have heard 19 that's somewhat outstanding and no one has 20 written it down but there seems to be a 21 distinction between a felony and a misdemeanor 22 conviction where it would apply to the 23 revocation of a license, and I would just like 24 to say that when it comes to children, I think 25 if anything, our best interests have to be in 1 favor of the child and that if we err, we must 2 err in the direction of child safety because 3 in these particular situations, you aren't 4 dealing with individuals who have all the 5 options that adults would and because of 6 coercion and intimidation, these crimes are 7 often not reported. 8 So I would have to say that 9 after the work that Senator Saland has done to 10 try to accommodate on this particular issue, 11 where I voted against the bill the other day, 12 I'm going to vote in favor of it, Mr. 13 President. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 10. 17 This act shall take effect on the first day of 18 January. 19 ACTING PRESIDENT KUHL: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Senator 24 LaValle, to explain his vote. 25 SENATOR LAVALLE: Thank you, 1 Mr. President. 2 I rise to compliment Senator 3 Saland who has worked tirelessly for four, 4 five years on this legislation. 5 I had been a member of the 6 Senator's committee, had the opportunity to 7 attend hearings on this matter, and I must 8 tell you that we heard probably some of the 9 most riveting testimony about the need for 10 this kind of legislation to protect the 11 children of our state. 12 Senator Saland has reached out 13 time and time again, session after session to 14 bring closure to this issue. He has worked 15 again this session and to hear at this late 16 hour on the last day that there may be some 17 minor amendments that could again set aside 18 this important legislation, I think is 19 unconscionable, it really is. 20 We cannot continue to read that 21 our children are abused in our state even if 22 there's one more, and Senator Saland's talking 23 about numbers in the hundreds. It's 24 ridiculous and Senator Paterson's right. If 25 this body errs, it errs on the side of 1 children. 2 I vote yes. 3 ACTING PRESIDENT KUHL: Senator 4 LaValle will be recorded in the affirmative. 5 Announce the results. 6 THE SECRETARY: Ayes 61. 7 ACTING PRESIDENT KUHL: The 8 bill is passed. 9 The Chair recognizes Senator 10 Hoffmann. 11 SENATOR HOFFMANN: Yes, Mr. 12 President. I was out of the chamber at the 13 time Calendar 1554 was called up and passed 14 and had I been in the chamber, I would like to 15 be -- had I been in the chamber, I would have 16 been recorded in the negative. I request 17 unanimous consent to be recorded in the 18 negative at this time. 19 ACTING PRESIDENT KUHL: Without 20 objection. 21 SENATOR HOFFMANN: Thank you. 22 ACTING PRESIDENT KUHL: Hearing 23 no objection, Senator Hoffmann will be 24 recorded in the negative on Calendar Number 25 1554. 1 Senator Marcellino, why do you 2 rise? 3 SENATOR MARCELLINO: Mr. 4 President, can I have unanimous consent to be 5 recorded in the negative on Calendar Number 6 1596. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, Senator 9 Marcellino will be recorded in the negative on 10 Calendar Number 1596. 11 The Secretary will continue to 12 call the controversial calendar. 13 THE SECRETARY: Calendar Number 14 1610, by Senator Bruno, Senate Print 7817, an 15 act to amend the Labor Law, in relation to the 16 Unemployment Insurance Law. 17 SENATOR DOLLINGER: Just a 18 brief explanation, Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Spano, Senator Dollinger has requested a brief 21 explanation. 22 SENATOR SPANO: Mr. President, 23 this bill provides comprehensive reform on the 24 unemployment insurance system. It's designed 25 to do a number of things: Increase the 1 maximum weekly unemployment insurance benefit, 2 further help jobless workers return to the 3 work force. It streamlines the payment of 4 benefits and it ensures that employers who 5 continuously place workers into the UI system 6 pay a more proportionate share into that 7 system. 8 ACTING PRESIDENT KUHL: Senator 9 Dollinger. 10 SENATOR DOLLINGER: Yes, Mr. 11 President. Will the sponsor yield to just one 12 question? 13 ACTING PRESIDENT KUHL: Will 14 Senator Spano yield to a question? 15 SENATOR SPANO: Yes. 16 ACTING PRESIDENT KUHL: The 17 Senator yields. 18 SENATOR DOLLINGER: One of the 19 concerns I have heard expressed in my district 20 is you have long-term stable employers who 21 employ people for a long period of time, 22 several years. They leave the employment of 23 employer A. They go to work for employer B 24 for a short period of time and they are then 25 laid off or for some reason their employment 1 is discontinued. They apply for unemployment 2 insurance benefits and the way our system is 3 currently structured, the previous employer 4 with whom they had a long-term stable 5 employment, ends up paying a significant 6 portion of the unemployment insurance cost and 7 is back-charged a significant portion of that 8 cost even though their experience -- their 9 experience is very strong. 10 Does this bill deal with that 11 problem? 12 SENATOR SPANO: Yes, it does, 13 Senator, and on page 8 of the bill, the bottom 14 of the page, what we do is try to create an 15 incentive for the separating employer to keep 16 that worker employed and the way we do that is 17 that we would -- the last employer would be 18 charged seven times the benefit rate and that 19 would be a particularly appropriate incentive 20 for that separating employer to keep the 21 employees working for them. 22 SENATOR DOLLINGER: Again 23 through you, Mr. President. 24 ACTING PRESIDENT KUHL: Senator 25 Spano, do you continue to yield? 1 SENATOR SPANO: Yes. 2 SENATOR DOLLINGER: It's my 3 understanding that there's a significant 4 penalty for a significant surcharge on the - 5 I don't quite know how to phrase this; it's 6 late -- but you could say the less stable 7 employer than there would be on the more 8 stable long-term employer who's still included 9 in the surcharge, still included in the 10 premium rate purposes? 11 SENATOR SPANO: It's not 12 necessarily a penalty but it just applies a 13 higher rate which would really just be a 14 disincentive. 15 SENATOR DOLLINGER: A final 16 question, through you, Mr. President. 17 In all the discussions that you 18 have been involved in, Senator, what is, in 19 your judgment, the effect of the premiums and 20 the unemployment insurance rates for most 21 employers who fit that category of large 22 stable employers in which -- in the 23 manufacturing base in Rochester we have a hold 24 number. What can we reasonably anticipate in 25 terms of reduction in rates, if any? 1 SENATOR SPANO: It's 2 difficult. A number two corporation -- it all 3 depends on the size of the corporation, the 4 corporation and it would change the 5 corporation, but it would certainly be a 6 reduction in the rate on corporations across 7 the state, but it's very difficult for me, 8 Senator, to give you a more specific answer to 9 that. 10 SENATOR DOLLINGER: Again 11 through you, Mr. President. I apologize to 12 the Senator. 13 ACTING PRESIDENT KUHL: Senator 14 Spano yields. 15 SENATOR DOLLINGER: But 16 obviously there's some general average 17 anticipated premium reduction that would occur 18 to most employers across the state. It's the 19 kind of thing, Geez, Senator Spano, how much 20 are we going to reduce rates by this bill? 21 What would the answer be? 22 SENATOR SPANO: The obvious 23 answer is that the employers don't have a more 24 stable work force and will pay less and then 25 the others will have a continuously changing 1 work force. 2 SENATOR DOLLINGER: But - 3 again through you, Mr. President. Can we 4 anticipate a five, ten percent? Is there a 5 number attached to this in the discussions? 6 SENATOR SPANO: I would purely 7 be guessing if I tried to put a number on it, 8 Senator. It's a difficult number to come up 9 with. 10 SENATOR DOLLINGER: Again 11 through you, Mr. President. One final 12 question. 13 ACTING PRESIDENT KUHL: Senator 14 Spano yields to one question. 15 SENATOR DOLLINGER: There's no 16 question in your mind for the kind of stable 17 employers we're talking about, the rates go 18 down. 19 SENATOR SPANO: Absolutely. 20 SENATOR DOLLINGER: No further 21 questions. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 24 THE SECRETARY: Section 40. 25 This act shall take effect immediately. 1 ACTING PRESIDENT KUHL: Call 2 the roll. 3 (The Secretary called the 4 roll.) 5 THE SECRETARY: Ayes 61. 6 ACTING PRESIDENT KUHL: Senator 7 Volker. 8 SENATOR VOLKER: Mr. President, 9 we're going back to the regular calendar on 10 page 53, Senate -- Calendar Number 137 - 11 Calendar 137. 12 ACTING PRESIDENT KUHL: Senator 13 Fuschillo, why do you rise? 14 SENATOR FUSCHILLO: Mr. 15 President, I request unanimous consent to be 16 recorded in the negative on Calendar Number 17 1568. 18 ACTING PRESIDENT KUHL: Without 19 objection, hearing no objection, Senator 20 Fuschillo will be recorded in the negative on 21 Calendar Number 1568. 22 We'll return to the regular 23 calendar, first calendar of the day, 53. 24 The Secretary will read 25 Calendar Number 137. 1 THE SECRETARY: Calendar Number 2 137, by the Assembly Committee on Rules, 3 Assembly Print 11258, an act to amend the 4 Penal Law, in relation to establishing. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 6. 8 This act shall take effect November 1st, 1998. 9 ACTING PRESIDENT KUHL: Call 10 the roll. 11 (The Secretary called the 12 roll.) 13 THE SECRETARY: Ayes 61. 14 ACTING PRESIDENT KUHL: The 15 bill is passed. 16 SENATOR VOLKER: Is there any 17 housekeeping at the desk? 18 ACTING PRESIDENT KUHL: Yes, 19 Senator Volker. Hang on just a minute. 20 SENATOR VOLKER: Sure. 21 ACTING PRESIDENT KUHL: Senator 22 Volker. 23 SENATOR VOLKER: Can we return 24 to motions and resolutions. I understand 25 there's a couple privileged resolutions at the 1 desk. 2 ACTING PRESIDENT KUHL: There 3 are. We'll return to the order of motions and 4 resolutions. There are two privileged 5 resolutions at the desk. 6 I'll ask the Secretary to read 7 the titles, and we'll adopt them as one. 8 THE SECRETARY: By Senator 9 Farley, Legislative Resolution honoring the 10 109th Airlift Wing upon the occasion of its 11 50th Anniversary; also by Senator Farley, 12 Legislative Resolution honoring the town of 13 Princetown upon the occasion of its 14 Bicentennial. 15 ACTING PRESIDENT KUHL: The 16 questions are on the resolutions. All those 17 in favor signify by saying aye. 18 (Response of "Aye".) 19 Opposed, nay. 20 (There was no response.) 21 The resolutions are adopted. 22 Senator Volker. 23 SENATOR VOLKER: Mr. President, 24 there's nothing -- stand at ease just for a 25 second. I understand there's a list coming 1 shortly, so we can wait just a couple 2 minutes. Stand at ease. 3 ACTING PRESIDENT KUHL: The 4 Senate will stand at ease briefly. 5 (Whereupon, the Senate stood at 6 ease from 10:48 p.m. until 10:53 p.m.) 7 ACTING PRESIDENT KUHL: The 8 Senate will come to order. 9 SENATOR VOLKER: Mr. President. 10 ACTING PRESIDENT KUHL: Members 11 please take their places, the staff take their 12 places. Can we have a little order in the 13 chamber, please, so we may proceed. 14 Senator Volker. 15 SENATOR VOLKER: Mr. President, 16 on the original calendar of the day, Calendar 17 Number 477, would you please call up Calendar 18 Number 477. 19 ACTING PRESIDENT KUHL: The 20 Secretary -- on the original calendar, 21 Calendar Number 53, first calendar of the day, 22 the Secretary will read Calendar Number 477. 23 THE SECRETARY: On page 12, 24 Calendar Number 477, by member of the Assembly 25 Eve, Assembly Print 9322, an act to amend the 1 Local Finance Law, in relation to the sale of 2 municipal obligations. 3 ACTING PRESIDENT KUHL: There 4 is a home rule message at the desk. The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. 7 This act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT KUHL: The 14 bill is passed. 15 Senator Volker. 16 SENATOR VOLKER: Next would you 17 please call up Calendar Number 718. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 718, by member of the Assembly Vitaliano, 22 Assembly Print 6947-C, an act to amend the 23 General Municipal Law and the Retirement and 24 Social Security Law, in relation to benefits. 25 ACTING PRESIDENT KUHL: There 1 is a home rule message at the desk. The 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. 4 This act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 THE SECRETARY: Ayes 61. 10 ACTING PRESIDENT KUHL: The 11 bill is passed. 12 SENATOR VOLKER: Mr. President, 13 next would you please call up Calendar Number 14 722. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 722, by the Assembly Committee on Rules, 19 Assembly Print 7673-A, an act to amend the 20 Retirement and Social Security Law, in 21 relation to providing Suffolk County park 22 rangers. 23 ACTING PRESIDENT KUHL: There 24 is a home rule message at the desk. The 25 Secretary will read the last section. 1 THE SECRETARY: Section 2. 2 This act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call 4 the roll. 5 (The Secretary called the 6 roll.) 7 THE SECRETARY: Ayes 61. 8 ACTING PRESIDENT KUHL: The 9 bill is passed. 10 Senator Volker. 11 SENATOR VOLKER: Mr. President, 12 next would you please call up Calendar Number 13 731. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 731, by the Assembly Committee on Rules, 18 Assembly Print 10683, an act to amend the 19 Retirement and Social Security Law, in 20 relation to providing. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT KUHL: The 6 bill is passed. 7 SENATOR VOLKER: Mr. President, 8 next would you please call up Calendar Number 9 1413 on page - 10 ACTING PRESIDENT KUHL: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1413, by the Assembly Committee on Rules, 14 Assembly Print 10751, an act to amend the 15 Local Finance Law, in relation to the private 16 sale. 17 ACTING PRESIDENT KUHL: There 18 is a home rule message at the desk. The 19 Secretary will read the last section. 20 THE SECRETARY: Section 2. 21 This act shall take effect immediately. 22 SENATOR DOLLINGER: Mr. 23 President. 24 ACTING PRESIDENT KUHL: Senator 25 Dollinger. 1 SENATOR DOLLINGER: Can I ask 2 where that is, on which calendar? 3 SENATOR VOLKER: All these 4 bills we're doing now are on the original 5 calendar. 6 SENATOR DOLLINGER: 1413. 7 ACTING PRESIDENT KUHL: Page 8 37, Senator Dollinger. 9 SENATOR VOLKER: The Senator 10 behind you, it's his bill. 11 SENATOR DOLLINGER: Mr. 12 President, thank you for the direction on the 13 calendar. 14 ACTING PRESIDENT KUHL: It's 15 the right arm, Tony, the right arm. 16 Call the roll. 17 (The Secretary called the 18 roll.) 19 THE SECRETARY: Ayes 61. 20 ACTING PRESIDENT KUHL: The 21 bill is passed. 22 SENATOR VOLKER: Next please do 23 -- call up Calendar Number 1469. 24 ACTING PRESIDENT KUHL: The 25 Secretary will read. 1 THE SECRETARY: Calendar Number 2 1469, by Senator Larkin, Senate Print 7753, an 3 act to amend the Public Authorities Law, in 4 relation to the construction of certain 5 facilities. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 3. 9 This act shall - 10 SENATOR LEICHTER: Explanation. 11 ACTING PRESIDENT KUHL: Senator 12 Larkin, an explanation of Calendar Number 1469 13 has been requested by Senator Leichter. 14 SENATOR VOLKER: Would you hold 15 that one second, Franz? 16 SENATOR LARKIN: Mr. President, 17 Senator Leichter, this is a request that we 18 had from the Department of Army at the 19 University Military Academy. They wanted to 20 try to start doing more business with New York 21 State under major constructions. So they 22 approached the Dormitory Authority. In order 23 for them to do it with the Dormitory 24 Authority, we needed legislation. 25 We're hopeful that this will be 1 a first event for us. Heretofore it was 2 always done by the Army Corps of Engineers who 3 could bring in any contractors from anywhere 4 they wanted. We're hopeful that with this 5 joint venture we will have more of these 6 projects at the Military Academy done by the 7 labor force within the state of New York. 8 SENATOR LEICHTER: Mr. 9 President, if Senator Larkin would just yield 10 for one question. 11 ACTING PRESIDENT KUHL: Senator 12 Larkin, do you yield to a question? The 13 Senator yields. 14 SENATOR LARKIN: Yes, Mr. 15 President. 16 SENATOR LEICHTER: I'm sorry. 17 I forgot to ask you beforehand but with all 18 the hecticness, I didn't have a chance. What 19 I didn't understand in this, are we paying for 20 facilities of the United States military? 21 SENATOR LARKIN: No, no. Our 22 only part of this will be the construction 23 management. 24 SENATOR LEICHTER: In other 25 words - 1 SENATOR LARKIN: The federal 2 government will be doing all the footing of 3 all the bills. 4 SENATOR LEICHTER: Okay. And 5 they will use the Dormitory Authority to do 6 the construction. 7 SENATOR LARKIN: And the 8 management. 9 SENATOR LEICHTER: And the 10 management and they will enter into a contract 11 with the Dormitory Authority to repay the 12 Dormitory Authority, so there will be no cost 13 to the taxpayers of New York State. 14 SENATOR LARKIN: No cost to the 15 taxpayers of New York State. 16 SENATOR LEICHTER: Thank you. 17 ACTING PRESIDENT KUHL: The 18 Secretary will -- excuse me, Senator 19 Dollinger. 20 SENATOR DOLLINGER: Will the 21 sponsor yield to one question? 22 ACTING PRESIDENT KUHL: Senator 23 Larkin, do you yield to Senator Dollinger? 24 SENATOR LARKIN: Yes, Mr. 25 President. 1 ACTING PRESIDENT KUHL: The 2 Senator yields. 3 SENATOR DOLLINGER: What is the 4 financial benefit to the United States 5 Military Academy having the Dormitory 6 Authority? The federal government would seem 7 to have tremendous resources. 8 SENATOR LARKIN: Well, I think 9 if you think about it, not being associated 10 with the military like Franz and I were, you 11 will recognize the fact that this enables us 12 in the state of New York to be the partner 13 with them. Other than that, West Point has to 14 ship out everything it does through the Army 15 Corps of Engineers and they're on a delay. 16 They're on a pattern. This way here the 17 project will come up on the board. The 18 federal government will be funding it and they 19 will contract with the Dormitory Authority for 20 the project. No cost to us. The benefit 21 could be jobs in New York. 22 SENATOR DOLLINGER: Okay. 23 Again through you, Mr. President. 24 ACTING PRESIDENT KUHL: Senator 25 Dollinger. 1 SENATOR DOLLINGER: Will the 2 Dormitory, when it builds these buildings for 3 the Department of the Army, for the Department 4 of Defense - 5 SENATOR LARKIN: I can't hear 6 you, Senator. 7 SENATOR DOLLINGER: When the 8 Dormitory Authority manages the construction 9 -- I understand there's a going to be a 10 construction management relationship. When 11 they manage these projects for the Department 12 of Army, will they pay the prevailing federal 13 wage rate? 14 SENATOR LARKIN: They have to. 15 SENATOR DOLLINGER: They have 16 to. They'll be governed - 17 SENATOR LARKIN: It's done on a 18 military installation. 19 SENATOR DOLLINGER: That's my 20 question. They'll be - 21 SENATOR LARKIN: They will have 22 to comply with the Davis-Bacon and the 23 affirmative action and everything else. 24 ACTING PRESIDENT KUHL: The 25 Secretary will read the last section. 1 SENATOR DOLLINGER: No 2 objection, Mr. President. 3 SENATOR LARKIN: Thank you. 4 THE SECRETARY: Section 3. 5 This act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call 7 the roll. 8 (The Secretary called the 9 roll.) 10 THE SECRETARY: Ayes 61. 11 ACTING PRESIDENT KUHL: The 12 bill is passed. 13 Senator Volker. 14 SENATOR VOLKER: Mr. President, 15 can we go to Supplemental Calendar Number 53-E 16 -- 53-E and we want to -- it's Calendar 17 Number 1591. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read Calendar Number 1591 on 20 the last calendar of the day so far, 53-E. 21 THE SECRETARY: Calendar Number 22 1591, by Senator Leibell, Senate Print 5384-A, 23 an act to redistribute 1997 bond volume 24 allocations. 25 ACTING PRESIDENT KUHL: Senator 1 Volker. 2 SENATOR VOLKER: Mr. President, 3 is there a message at the desk? 4 ACTING PRESIDENT KUHL: There 5 is. 6 SENATOR VOLKER: Would you move 7 to accept the message. 8 ACTING PRESIDENT KUHL: The 9 motion is to accept the message of necessity 10 on Calendar Number 1591. All those in favor 11 signify by saying aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The message is accepted. 16 The bill is before the house. 17 The Secretary will read the 18 last section. 19 THE SECRETARY: Section - 20 SENATOR LEICHTER: Can we have 21 a brief explanation. 22 ACTING PRESIDENT KUHL: Senator 23 Leibell, an explanation of Calendar Number 24 1591 has been requested by Senator Leichter. 25 SENATOR LEIBELL: This bill, 1 Mr. President, would add a new section of the 2 unconsolidated laws to provide an allocation 3 mechanism for the private activity bond 4 ceiling established pursuant to the Federal 5 Tax Reform Act of 1986. Specifically this 6 bill would set aside one-third of the state's 7 IDB cap for the local Industrial Development 8 Agencies on a per capita basis and provides 9 for overlapping jurisdictions and 10 reallocations by municipalities. 11 This bond allocation will be 12 distributed one-third to state agencies, 13 one-third to be administered by the budget 14 director and one-third in a statewide bond 15 reserve to be used by the state or local 16 issuers when their initial allocations have 17 been exhausted. This allocation is based upon 18 the system established by New York State in 19 the early 1980s pursuant to the Federal Tax 20 Reform Act. 21 Basically this bill would give 22 the state more flexibility in allocation of 23 taxes and bonds for large scale multi-year new 24 construction development projects throughout 25 the state that require expenditures in excess 1 of $20 million. 2 This bill would accelerate and 3 promote the construction of affordable 4 housing, facilitate financial investments in 5 New York State and create new housing and 6 construction jobs. 7 SENATOR LEICHTER: Mr. 8 President, if Senator Leibell will yield. 9 ACTING PRESIDENT KUHL: Senator 10 Leibell, do you yield to a question? The 11 Senator yields. 12 SENATOR LEICHTER: Senator, I 13 think the state seems to have been pretty well 14 served and I think we have all been satisfied 15 with a one-third, one-third, one-third 16 allocation. Who now is going to make the 17 decision as to the modifications as to the 18 reallocation of some of the portion from one 19 of the thirds to the other third? How is that 20 going to be done? 21 SENATOR LEIBELL: There is no 22 reallocation of those thirds. 23 SENATOR LEICHTER: Okay. Then 24 I may have misunderstood you. Presently am I 25 correct in understanding it's one-third, 1 one-third, one-third? 2 SENATOR LEIBELL: That's 3 unchanged. 4 SENATOR LEICHTER: And did I 5 not hear you say this will give greater 6 flexibility, meaning there was some new 7 process whereby we were not going to be 8 following the one-third, one-third, 9 one-third? 10 SENATOR LEIBELL: It gives 11 greater flexibility for projects that will be 12 constructed over a different time span, over 13 two or three years. 14 SENATOR LEICHTER: But can that 15 flexibility reach the one-third, one-third, 16 one-third? 17 SENATOR LEIBELL: No. That's 18 the same. 19 SENATOR LEICHTER: That remains 20 the same. 21 SENATOR LEIBELL: Yes, 22 Senator. 23 SENATOR LEICHTER: So what are 24 you changing then? 25 SENATOR LEIBELL: We're 1 changing the way it would flow over a period 2 of years. 3 SENATOR LEICHTER: Well, if you 4 would be so good as to continue to yield. The 5 flow -- presently without this bill, the flow 6 over a number of years will be within the 7 one-third, one-third, one-third, is that 8 correct? 9 SENATOR LEIBELL: Yes. 10 SENATOR LEICHTER: Now if I 11 understood you correctly, the flow over the 12 number of years may now -- may no longer be 13 one-third, one-third, one-third. 14 SENATOR LEIBELL: The same. 15 SENATOR LEICHTER: You're 16 saying it's not going to change? 17 SENATOR LEIBELL: You will be 18 able to commit for multi-year projects in that 19 first year. 20 SENATOR LEICHTER: So by 21 committing to multi-year projects, does that 22 mean that the allocation may end up no longer 23 being one-third, one-third, one-third? 24 SENATOR LEIBELL: No. It does 25 not mean that. 1 SENATOR LEICHTER: Well, I - 2 then how -- if I may ask again and I guess 3 it's the lateness of the hour, and so on, but 4 I'm having difficulty understanding. On the 5 one hand you're saying, well, we're changing 6 it and then whenever I ask, how is it being 7 changed, you say, oh, well, we're not changing 8 anything, but it certainly seems to me that 9 the effect of, if you authorize somebody to 10 enter into a multi-year agreement, make the 11 allocation without possibly knowing how much 12 money you're going to have available in future 13 years, that could conceivably end up that 14 you're not going to be within one-third, 15 one-third, one-third. 16 SENATOR LEIBELL: You can make 17 the allocation, Senator, in the first year but 18 you're drawing the funds out over the 19 three-year period, over the multi-year period. 20 SENATOR LEICHTER: And if I 21 understand you correctly, Senator, over that 22 three-year period or whatever year period, 23 there still has to be an effort made to 24 maintain that one-third, one-third, one-third 25 allocation. 1 SENATOR LEIBELL: That's 2 correct. 3 SENATOR LEICHTER: Thank you. 4 ACTING PRESIDENT KUHL: 5 Secretary will read the last section. 6 THE SECRETARY: Section 17. 7 This act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT KUHL: The 14 bill is passed. 15 Senator Holland. 16 SENATOR HOLLAND: Senator 17 Stachowski wants to know if it's 5:00 o'clock 18 yet. Can we return to Supplemental Calendar 19 Number 2 and take up Calendar Number 1243, 20 please. 21 ACTING PRESIDENT KUHL: On the 22 regular calendar, regular calendar, first 23 calendar of the day, Calendar Number 1243. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number 1 1243, by Senator Wright, Senate Print 6238-B, 2 an act authorizing the city of Watertown. 3 ACTING PRESIDENT KUHL: There 4 is a home rule message at the desk. The 5 Secretary will read the last section. 6 THE SECRETARY: Section 6. 7 This act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT KUHL: The 14 bill is passed. 15 Senator Holland. 16 SENATOR HOLLAND: Stand at ease 17 for a minute, Mr. President. 18 ACTING PRESIDENT KUHL: The 19 Senate will stand at ease for a moment. 20 (Whereupon, the Senate stood at 21 ease from 11:08 p.m. until 11:19 p.m.) 22 ACTING PRESIDENT KUHL: I'll 23 ask the Senate to come to order, please. 24 Senator Holland. 25 SENATOR HOLLAND: Mr. 1 President, can we return to Senate 2 Supplemental Calendar 53-C and do Calendar 3 Number 1580, by Senator Lack. 4 ACTING PRESIDENT KUHL: On 5 Calendar 53-C -- 53-C, the Secretary will read 6 Calendar Number 1580, by Senator Lack. 7 THE SECRETARY: Calendar Number 8 1580, substituted earlier today, by member of 9 the Assembly Brodsky, Assembly Print 4775, an 10 act to amend the General Business Law, in 11 relation to defining actionable effects. 12 SENATOR DOLLINGER: Mr. 13 President, just a brief explanation. 14 ACTING PRESIDENT KUHL: Senator 15 Lack, an explanation -- a brief explanation 16 has been asked for by Senator Dollinger. 17 SENATOR LACK: Mr. President, 18 this bill amends the Donnelly Act. If you 19 don't mind, considering the lateness of the 20 night, I'll just address Senator Dollinger 21 personally. 22 Senator, this bill amends the 23 Donnelly Act in light of a 1977 Supreme Court 24 decision with respect to the Sherman Antitrust 25 Act on indirect purchasers and their ability 1 to be involved in derivative actions pursuant 2 to the Sherman Act. 3 Ten years later in California 4 v. Arc in 1987, the Supreme Court held that 5 state little Sherman Acts can be interpreted 6 with respect to allowing for indirect 7 purchasers to be part of actions commenced 8 with respect to the Sherman Act. There has 9 been New York case law which I disagree with 10 and I believe that this body disagrees with 11 with respect to the influence of the Donnelly 12 Act upon those decisions. 13 This, in effect, would reverse 14 Justice Glassman's latest decision which held 15 that our Donnelly Act is in conformance with 16 the Sherman Act and, therefore, not a vehicle 17 by which indirect purchasers could participate 18 in such actions. This corrects that. 19 SENATOR DOLLINGER: Through 20 you, Mr. President. This gives indirect 21 purchasers the ability to bring those actions 22 when there's been restraint of trade or 23 monopoly? 24 SENATOR LACK: Mr. President, 25 the answer is technically yes. However, as 1 you well know, Senator, 99.9 percent of those 2 actions are brought by direct purchasers. So 3 while you're technically correct, the 4 practical answer is it gives indirect 5 purchasers in this state the right to 6 participate in such federal class action suits 7 and seek a recovery based upon our state 8 Donnelly Act. 9 SENATOR DOLLINGER: Explanation 10 satisfactory. 11 Thank you. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 2. 15 This act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call 17 the roll. 18 (The Secretary called the 19 roll.) 20 THE SECRETARY: Ayes 61. 21 ACTING PRESIDENT KUHL: The 22 bill is passed. 23 Senator Holland. 24 SENATOR HOLLAND: Mr. 25 President, there will be an immediate meeting 1 of the Rules Committee in Room 332, please. 2 ACTING PRESIDENT KUHL: 3 Immediate meeting of the Rules Committee, 4 immediate meeting of the Rules Committee in 5 the Majority Conference Room, Room 332. 6 Senator Rath, why do you rise? 7 SENATOR RATH: Mr. President, I 8 request unanimous consent to be recorded in 9 the negative on Calendar 1608. 10 ACTING PRESIDENT KUHL: Without 11 objection, hearing no objection, Senator Rath 12 will be recorded in the negative on Calendar 13 Number 1608. The Senate will stand at ease. 14 (Whereupon, the Senate stood at 15 ease from 11:22 p.m. until 11:57 p.m.) 16 ACTING PRESIDENT KUHL: The 17 Senate will come to order. Ask the members to 18 find their places, the staff to find their 19 places. 20 Senator Holland. 21 SENATOR HOLLAND: Mr. 22 President, can we go to the first active list 23 of the day and do Calendar Number 1 by Senator 24 Libous. 25 ACTING PRESIDENT KUHL: On the 1 regular calendar, first calendar of the day, 2 Calendar 53, the Secretary will read Calendar 3 Number 1. 4 THE SECRETARY: Calendar Number 5 1, by Senator Libous, Senate Print 1122-B, an 6 act to amend the Vehicle and Traffic Law, in 7 relation to parking spaces. 8 ACTING PRESIDENT KUHL: Senator 9 Holland. 10 SENATOR HOLLAND: Mr. 11 President, is there a message of necessity at 12 the desk? 13 ACTING PRESIDENT LEICHTER: 14 There is. 15 SENATOR HOLLAND: I move we 16 accept the message. 17 ACTING PRESIDENT KUHL: The 18 motion is accept the message of necessity on 19 Calendar Number 1. All those in favor signify 20 by saying aye. 21 (Response of "Aye".) 22 Opposed, nay. 23 (There was no response.) 24 The message is accepted. 25 The bill is before the house. 1 The Secretary will read the 2 last section. 3 THE SECRETARY: Section 4. 4 This act shall take effect January 1. 5 ACTING PRESIDENT KUHL: Call 6 the roll. 7 (The Secretary called the 8 roll.) 9 SENATOR GOLD: Mr. President. 10 ACTING PRESIDENT KUHL: Do you 11 want to explain your vote? 12 SENATOR GOLD: Yes. 13 ACTING PRESIDENT KUHL: Senator 14 Gold, to explain his vote. 15 SENATOR GOLD: Mr. President, 16 I've got to say, 28 years I have never seen 17 such tenacity in my life. My congratulations 18 to Senator Libous, the first bill reported out 19 this year and he stuck with it all the way 20 through 'til 12:00 o'clock on the last day and 21 we're passing it and God bless him. I think 22 that's terrific. 23 I'm going to vote for it. 24 ACTING PRESIDENT KUHL: Senator 25 Gold votes for tenacity in the affirmative. 1 Announce the results. 2 THE SECRETARY: Ayes 61. 3 ACTING PRESIDENT KUHL: The 4 bill is passed -- excuse me. Senator Meier in 5 the negative. 6 THE SECRETARY: Ayes 60, nays 7 1, Senator Meier recorded in the negative. 8 ACTING PRESIDENT KUHL: The 9 bill is passed. 10 Senator Holland. 11 SENATOR HOLLAND: Mr. 12 President, on the same calendar, Calendar 13 Number 1446, please. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read Calendar Number 1446. 16 THE SECRETARY: Calendar Number 17 1446, by Senator Larkin, Senate Print 6781-C, 18 an act to amend the Penal Law, in relation to 19 misrepresentation. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 5. 23 This act shall take effect on the first day of 24 November. 25 ACTING PRESIDENT KUHL: Call 1 the roll. 2 (The Secretary called the 3 roll.) 4 THE SECRETARY: Ayes 61. 5 ACTING PRESIDENT KUHL: The 6 bill is passed. 7 Senator Holland. 8 SENATOR HOLLAND: Mr. 9 President, on the same calendar, Calendar 10 Number 867, please. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 867, substituted earlier today, by the 15 Assembly Committee on Rules, Assembly Bill 16 Number 10844-A, an act to amend the Public 17 Authorities Law, in relation to the powers of 18 the Educational Housing Services, 19 Incorporated. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. 23 This act shall take effect - 24 ACTING PRESIDENT KUHL: The 25 Secretary will call the roll. 1 (The Secretary called the 2 roll.) 3 THE SECRETARY: Ayes 61. 4 ACTING PRESIDENT KUHL: The 5 bill is passed. 6 SENATOR HOLLAND: Mr. 7 President. 8 ACTING PRESIDENT KUHL: Senator 9 Holland. 10 SENATOR HOLLAND: May we return 11 to reports of standing committees and read the 12 Rules report, please. 13 ACTING PRESIDENT KUHL: Return 14 to reports of standing committees. There is a 15 report of the Rules Committee at the desk. 16 I'll ask the Secretary to read. 17 THE SECRETARY: Senator Bruno, 18 from the Committee on Rules, reports the 19 following bills directly for third reading: 20 Senate Bill 2671, by Senator 21 Leibell, an act to amend the Real Property Tax 22 Law; 23 4536-D, by Senator LaValle, an 24 act to amend the Education Law; 25 5663-A, by Senator Skelos, an 1 act to amend the General Business Law; 2 6008-A, by Senator Seward, an 3 act in relation to authorizing; 4 6434, by Senator Breslin, an 5 act in relation to authorizing; 6 6750-A, by Senator Seward, an 7 act to amend the Tax Law; 8 7289-A, by Senator Leibell, an 9 act to amend the Volunteer Firemen's Benefit 10 Law; 11 7393, by Senator Skelos, an act 12 to amend the Retirement and Social Security 13 Law; 14 7488-A, by Senator Velella, an 15 act to amend the Insurance Law; 16 7502, by Senator Johnson, an 17 act to amend the Vehicle and Traffic Law; 18 7504, by Senator Skelos, an act 19 to amend the Penal Law; 20 7610, by Senator Connor, an act 21 to require preparation; 22 7708-B, by Senator Johnson, an 23 act to amend the Transportation Law; 24 7741, by the Committee on 25 Rules, an act to amend the Education Law; 1 7777, by Senator Goodman, an 2 act to amend the Tax Law; 3 7778, by Senator Hannon, an act 4 to amend the Public Authorities Law; 5 7799-A, by Senator Velella, an 6 act to amend the Insurance Law; 7 7813-A, by the Committee on 8 Rules, an act to amend the Insurance Law; 9 7829, by the Committee on 10 Rules, an act to amend the Real Property Tax 11 Law; 12 7835, by the Committee on 13 Rules, an act to amend the Insurance Law; 14 7838, by Senator Stafford, an 15 act to amend the Public Health Law; 16 7843, by Senator Hannon, an act 17 to amend the Public Health Law; 18 Assembly Bill 8534-B, by the 19 Assembly Committee on Rules, an act to amend 20 the Public Authorities Law; and 21 Assembly Bill 10061-C, by 22 Assemblyman Brennan, an act to amend the 23 Public Authorities Law. 24 All bills directly for third 25 reading. 1 ACTING PRESIDENT KUHL: Senator 2 Holland. 3 SENATOR HOLLAND: Move we 4 accept the report of the Rules Committee. 5 ACTING PRESIDENT KUHL: Motion 6 is to accept the report of the Rules 7 Committee. All in favor signify by saying 8 aye. 9 (Response of "Aye.") 10 Opposed, nay. 11 (There was no response.) 12 The report of the Rules 13 Committee is accepted. 14 Senator Holland. 15 SENATOR HOLLAND: Mr. 16 President, can we recall or call up again 17 1446. 18 ACTING PRESIDENT KUHL: We'll 19 call up Calendar Number 1446 which was 20 previously adopted but without a message. So 21 the Secretary will read the title to Calendar 22 Number 1446. 23 THE SECRETARY: Calendar Number 24 1446, by Senator Larkin, Senate Print 6781-C, 25 an act to amend the Penal Law. 1 ACTING PRESIDENT KUHL: Senator 2 Holland. 3 SENATOR HOLLAND: Is there a 4 message of necessity at the desk? 5 ACTING PRESIDENT KUHL: There 6 is. 7 SENATOR HOLLAND: Move we 8 accept the message. 9 ACTING PRESIDENT KUHL: Motion 10 is to accept the message of necessity. All 11 those in favor signify by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response.) 15 The message is adopted. The 16 bill is before the house. Secretary will read 17 the last section. 18 THE SECRETARY: Section 5. 19 This act shall take effect on the first day of 20 November. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 61. 1 ACTING PRESIDENT KUHL: The 2 bill is passed. 3 Senator Holland. 4 SENATOR HOLLAND: Could you go 5 to Calendar 53F and call up Calendar 1625, 6 please. 7 ACTING PRESIDENT KUHL: We'll 8 go to the calendar which was just placed on 9 the members' desks, Calendar 53F, Calendar 10 Number 1625. Secretary will read. 11 THE SECRETARY: Calendar Number 12 1625, by Senator Johnson, Senate Print 7708-B, 13 an act to amend the Transportation Law. 14 ACTING PRESIDENT KUHL: Senator 15 Holland. 16 SENATOR HOLLAND: Mr. 17 President, is there a message of necessity at 18 the desk. 19 ACTING PRESIDENT KUHL: There 20 is. 21 SENATOR HOLLAND: Move we 22 accept the message. 23 ACTING PRESIDENT KUHL: Motion 24 is to accept the message of necessity on 25 Calendar Number 1625. All those in favor 1 signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response.) 5 Message is accepted. Bill is 6 before the house. Secretary will read the 7 last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call 11 the roll. 12 (The Secretary called the 13 roll. ) 14 THE SECRETARY: Ayes 61. 15 ACTING PRESIDENT KUHL: The 16 bill is passed. 17 Senator Holland. 18 SENATOR HOLLAND: Mr. 19 President, same calendar, Calendar Number 20 1620, please. 21 ACTING PRESIDENT KUHL: O.K. 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 1620, by Senator Velella, Senate Print 7488-A, 25 an act to amend the Insurance Law, in relation 1 to authorizing. 2 ACTING PRESIDENT KUHL: Senator 3 Holland. 4 SENATOR HOLLAND: Is there a 5 message of necessity at the desk? 6 ACTING PRESIDENT KUHL: There 7 is. 8 SENATOR HOLLAND: Move we 9 accept the message. 10 ACTING PRESIDENT KUHL: Motion 11 is to accept the message of necessity on 12 Calendar Number 1620. All those in favor 13 signify by saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response.) 17 Message is accepted. Bill is 18 before the house. Secretary will read the 19 last section. 20 THE SECRETARY: Section 11. 21 This act shall take effect January 1st, 1999. 22 ACTING PRESIDENT KUHL: Call 23 the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 61. 2 ACTING PRESIDENT KUHL: The 3 bill is passed. 4 Senator Holland. 5 SENATOR HOLLAND: Calendar 6 1629, please. 7 ACTING PRESIDENT KUHL: 8 Secretary will read Calendar Number 1629. 9 THE SECRETARY: Calendar Number 10 1629, by Senator Velella, Senate Print 7799-A, 11 an act to amend the Insurance Law, in relation 12 to Holocaust victims. 13 ACTING PRESIDENT KUHL: Senator 14 Holland. 15 SENATOR HOLLAND: Is there a 16 message of necessity at the desk? 17 ACTING PRESIDENT KUHL: There 18 is. 19 SENATOR HOLLAND: Move we 20 accept the message, please. 21 ACTING PRESIDENT KUHL: Motion 22 is to accept the message of necessity on 23 Calendar Number 1629. All those in favor 24 signify by saying aye. 25 (Response of "Aye.") 1 Opposed nay. 2 (There was no response.) 3 Message is accepted. Bill is 4 before the house. Secretary will read the 5 last section. 6 THE SECRETARY: Section 5. 7 This act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call 9 the roll. 10 (The Secretary called the 11 roll.) 12 THE SECRETARY: Ayes 61. 13 ACTING PRESIDENT KUHL: The 14 bill is passed. 15 Senator Holland. 16 SENATOR HOLLAND: 1631, please, 17 Mr. President. 18 ACTING PRESIDENT KUHL: 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1631, by the Committee on Rules, Senate Print 22 7829, an act to amend the Real Property Tax 23 Law. 24 ACTING PRESIDENT KUHL: Senator 25 Holland. 1 SENATOR HOLLAND: Is there a 2 message of necessity at the desk? 3 ACTING PRESIDENT KUHL: There 4 is. 5 SENATOR HOLLAND: Move we accept 6 the message. 7 ACTING PRESIDENT KUHL: Motion 8 is to accept the message of necessity on 9 Calendar Number 1631. All those in favor 10 signify by saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response.) 14 The message is accepted. The 15 bill is before the house. Secretary will read 16 the last section. 17 THE SECRETARY: Section 3. 18 This act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call 20 the roll. 21 (The Secretary called the 22 roll.) 23 THE SECRETARY: Ayes 61. 24 ACTING PRESIDENT KUHL: The 25 bill is passed. 1 Senator Holland. 2 SENATOR HOLLAND: 1632, 3 please. 4 ACTING PRESIDENT KUHL: 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1632, by the Committee on rules, Senate Print 8 7835, an act to amend the Insurance Law. 9 ACTING PRESIDENT KUHL: Senator 10 Holland. 11 SENATOR HOLLAND: Is there a 12 message of necessity at the desk? 13 ACTING PRESIDENT KUHL: There 14 is. 15 SENATOR HOLLAND: Move we accept 16 the message, please. 17 ACTING PRESIDENT KUHL: Motion 18 is to accept the message of necessity on 19 Calendar Number 1632. All those in favor 20 signify by saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response.) 24 Message is accepted. Bill is 25 before the house. Secretary will read the 1 last section. 2 THE SECRETARY: Section 6. 3 This act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call 5 the roll. 6 (The Secretary called the 7 roll.) 8 THE SECRETARY: Ayes 61. 9 ACTING PRESIDENT KUHL: The 10 bill is passed. 11 Senator Holland. 12 SENATOR HOLLAND: 1633, 13 please. 14 ACTING PRESIDENT KUHL: 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 1633, by Senator Stafford, Senate Print 7838, 18 an act to amend the Public Health Law. 19 ACTING PRESIDENT KUHL: Senator 20 Holland. 21 SENATOR HOLLAND: Is there a 22 message of necessity at the desk? 23 ACTING PRESIDENT KUHL: There 24 is. 25 SENATOR HOLLAND: Move we 1 accept the message. 2 ACTING PRESIDENT KUHL: Motion 3 is to accept the message of necessity on 4 Calendar Number 1633. All in favor signify by 5 saying aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response.) 9 The message is accepted. Bill 10 is before the house. Secretary will read the 11 last section. 12 THE SECRETARY: Section 45. 13 This act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call 15 the roll. 16 (The Secretary called the 17 roll.) 18 THE SECRETARY: Ayes 61. 19 ACTING PRESIDENT KUHL: The 20 bill is passed. 21 Senator Holland. 22 SENATOR HOLLAND: 1634, 23 please. 24 ACTING PRESIDENT KUHL: 25 Secretary will read. 1 THE SECRETARY: Calendar Number 2 1634, by Senator Hannon, Senate Print 7843, an 3 act to amend the Public Health Law. 4 ACTING PRESIDENT KUHL: Senator 5 Holland. 6 SENATOR HOLLAND: Is there a 7 message at the desk? 8 ACTING PRESIDENT KUHL: There 9 is. 10 SENATOR HOLLAND: Move we 11 accept the message of necessity. 12 ACTING PRESIDENT KUHL: Motion 13 is to accept the message of necessity on 14 Calendar Number 1634. All in favor signify by 15 saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response.) 19 The message is accepted. Bill 20 is before the house. Secretary will read the 21 last section. 22 THE SECRETARY: Section 47. 23 This act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call 25 the roll. 1 (The Secretary called the 2 roll.) 3 ACTING PRESIDENT KUHL: Senator 4 Hannon, to explain his vote. 5 SENATOR HANNON: Mr. President, 6 to explain my vote. 7 I just wanted to note that this 8 is the successful conclusion of a lot of 9 process and consultation expanding the state's 10 Child Health Plus health insurance program, 11 that there has been a considerable amount of 12 effort by all parties involved, and I think 13 this is a very successful conclusion, that all 14 of the parties involved ought to be 15 congratulated, including this house. 16 Thank you. 17 ACTING PRESIDENT KUHL: Senator 18 Hannon will be recorded in the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes 61. 21 ACTING PRESIDENT KUHL: The 22 bill is passed. 23 SENATOR HOLLAND: Mr. 24 President, is there any housekeeping at the 25 desk? 1 ACTING PRESIDENT KUHL: No, the 2 desk is clean, Senator Holland. 3 SENATOR HOLLAND: There being 4 no further business, we adjourn until Friday, 5 June 19th, at 10:00 a.m. 6 ACTING PRESIDENT KUHL: Without 7 objection, the Senate stands adjourned until 8 tomorrow on the legislative calendar, June 9 19th, at - 10 SENATOR HOLLAND: 10:00 a.m. 11 ACTING PRESIDENT KUHL: - 12 10:00 a.m. 13 (Whereupon at 12:17 a.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25