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1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 3, 1997 10 3:07 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23

24 25

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1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would you please rise and join 4 with me in repeating the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 The invocation today will be 8 given by the Reverend Peter G. Young from the 9 Blessed Sacrament Church in Bolton Landing. 10 Reverend Young. 11 REVEREND PETER G. YOUNG: Let us 12 pray. Father of the poor, God of love, You 13 made us all Your people. We praise and we 14 thank You. Fill us with a sense of justice. 15 Help us in Your work to take the side of the 16 lonely, to defend the newcomer, to welcome the 17 stranger. Help us now to befriend the 18 friendless, protect the weak and work for the 19 rights for all. On our journey home, bring us 20 together in peace and in justice and in love. 21 Amen. 22 THE PRESIDENT: Amen. 23 The reading of the Journal,

24 please. 25 THE SECRETARY: In Senate,

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1 Sunday, February 2nd. The Senate met pursuant 2 to adjournment. The Journal of Saturday, 3 February 1, was read and approved. On motion, 4 the Senate adjourned. 5 THE PRESIDENT: Without 6 objection, the Journal stands approved as read. 7 Presentation of petitions. 8 Messages from the Assembly. 9 Messages from the Governor. 10 Report of standing committees. 11 Report of select committees. 12 The Secretary will read. 13 THE SECRETARY: Senator Velella, 14 from the Committee on Insurance, reports the 15 following bills: Senate Print 17, by Senator 16 Velella, an act to amend the Insurance Law, in 17 relation to the reduction of homeowners 18 insurance rates; 19 19, by Senator Velella, an act 20 to amend the Insurance Law, in relation to 21 increasing the line on the amount of credit 22 life insurance; 23 114, by Senator DeFrancisco, an

24 act to amend the Insurance Law, in relation to 25 the premium or compensation for giving bail

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1 bond; and 2 133, by Senator Velella, an act 3 to amend the Insurance Law, in relation to 4 expanding other expenses. 5 All bills ordered directly for 6 third reading. 7 THE PRESIDENT: All bills direct 8 to third reading. 9 Communications and reports from 10 state officers. 11 Motions and resolutions. 12 Senator Bruno. 13 SENATOR BRUNO: Madam President, 14 I believe there is a privileged resolution at 15 the desk. I would ask that it be read in its 16 entirety and move for its immediate adoption. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: By Senator 20 Bruno, Legislative Resolution congratulating 21 the Troy High School football team and Coach 22 Jack Burger upon the occasion of capturing the 23 New York State Class A championship.

24 WHEREAS, excellence and success 25 in competitive sports can be achieved only

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1 through strenuous practice, team play and team 2 spirit, nurtured by dedicated coaching and 3 strategic planning; and 4 WHEREAS, athletic competition 5 enhances the moral and physical development of 6 the young people of this state, preparing them 7 for the future by instilling in them the value 8 of teamwork, encouraging a standard of healthy 9 living, imparting a desire for success and 10 developing a sense of fair play and 11 competition; and 12 WHEREAS, the Troy High School 13 football team are the New York State Class A 14 Champions. The Flying Horses defeated 15 Whitesboro High School 27-13 at the Carrier 16 Dome in Syracuse, New York on Sunday, December 17 1, 1996; and 18 WHEREAS, the athletic talent 19 displayed by this team is due in great part to 20 the efforts of Coach Jack Burger, a skilled and 21 inspirational tutor, respected for his ability 22 to develop potential into excellence. 23 The team's overall record, 11

24 and 2, is outstanding, and the team members 25 were loyally and enthusiastically supported by

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1 family, friends, fans and the community at 2 large. 3 The hallmarks of the Troy High 4 School football team, from the opening game of 5 the season to participation in the 6 championship, were a brotherhood of athletic 7 ability, of good sportsmanship, of honor and of 8 scholarship, demonstrating that these team 9 players are second to none. 10 Athletically and academically, 11 the team members have proven themselves to be 12 of unbeatable combination of talent, reflecting 13 favorably on their school; and 14 WHEREAS, Coach Jack Burger has 15 done a superb job in guiding, molding and 16 inspiring the team members toward their goals. 17 Sports competition instills the 18 values of teamwork, pride and accomplishment, 19 and Coach Jack Burger and his 40 outstanding 20 athletes have clearly made a contribution to 21 the spirit of excellence which is a tradition 22 of their school; now, therefore, be it 23 RESOLVED, that this legislative

24 body pause in its deliberations to congratulate 25 the Troy High School football team and its

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1 members, D. Senior, D. Marble, B. Reo, T. 2 Renga, J. Canfield, R. Peterson, J. Mawad, J. 3 Halse, J. Kirkman, G. Osganian, G. Getbehead, 4 M. Hurteau, L. Senior, K. Carley, C. Breen, T. 5 DeWolfe, G. Halse, M. Gaunay, T. Ward, B. 6 Bocketti, J. Casale, A. Dipietro, G. Remarchuk, 7 P. Naimo, A. Lord, E. Rouleau, K. Graber, A. 8 Kirkman, M. Stockwell, B. Martone, N. Romeo, D. 9 Testo, K. Mitchell, M. Fosmire, A. Harbour, E. 10 Muellecker, M. Gutierrez, J. Tedesco, M. 11 Milanese, L. Battiste; Coach Jack Burger and 12 Assistant Coaches Jeff Sitterly, Jim Canfield, 13 Mark Galuski, Bill Mitchell and Charles Walker, 14 on their outstanding season and overall team 15 record; and, therefore, be it 16 RESOLVED, that copies of this 17 resolution, suitably engrossed, be transmitted 18 to Donald Hepp, Superintendent; Armand Reo, 19 Principal; James Bongo, Athletic Director; Jack 20 Burger, Head Coach and to the members of the 21 Troy High School football team. 22 THE PRESIDENT: Senator Bruno. 23 SENATOR BRUNO: Madam President,

24 thank you very much. 25 I am extremely pleased to

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1 welcome the Troy High football team to this 2 chamber. They are the Class A Champions of New 3 York State in the football season ending in 4 '96. So I am proud of them as constituents, 5 as athletes and as young citizens who know what 6 it is to compete and to excel. 7 Congratulations to you and to 8 Coach Jack Burger -- I think Jack is here - 9 and to the administrators -- there's Jack - 10 and they, in Syracuse, defeated Whitesboro 27 11 to 13 in what was their "Super Bowl". So they 12 are our -- the point spread -- they are our 13 "Super Bowl". That was their "Super Bowl". 14 They are our Green Bay Packers and they happen 15 to be in the 43rd Senatorial District, so they 16 make us very, very proud. 17 We're happy to have them here. 18 We congratulate them, and you just keep up that 19 good work as you go on with all of the things 20 that you do in your lives. 21 Congratulations and thank you 22 for representing the 43rd in New York State 23 with such, such distinction.

24 Thank you. 25 Thank you, Madam President.

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1 (Applause) 2 THE PRESIDENT: Senator Cook. 3 SENATOR COOK: Madam President, 4 I just wanted to say that a member of my staff 5 is a close relative of one of the members of 6 the team. We weren't able to suspend the rules 7 so that she could come here and make the speech 8 herself, but her pride is evident in having her 9 son as a member of this distinguished team, and 10 so in her behalf and in behalf of all of her 11 co-workers, we want to express our admiration 12 for your success as well. 13 THE PRESIDENT: On the 14 resolution, all in favor signify by saying 15 aye. 16 (Response of "Aye".) 17 Opposed, nay. 18 (There was no response.) 19 The resolution is adopted. 20 There is another privileged 21 resolution at the desk. 22 The Secretary will read. 23 THE SECRETARY: By Senator

24 Breslin, a Legislative Resolution 25 congratulating the Watervliet High School

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1 varsity football team and Coach Dan Reinfurt 2 upon the occasion of capturing the New York 3 State Class C Championship. 4 WHEREAS, excellence and success 5 in competitive sports can be achieved only 6 through strenuous practice, team play and team 7 spirit, nurtured by dedicated coaching and 8 strategic planning; and 9 WHEREAS, athletic competition 10 enhances the moral and physical development of 11 the young people of this state, preparing them 12 for the future by instilling in them the value 13 of teamwork, encouraging a standard of healthy 14 living, imparting a desire for success and 15 developing a sense of fair play and 16 competition; and 17 WHEREAS, the Watervliet High 18 School varsity football team are the New York 19 State Class C Champions. The Cannoneers 20 defeated LeRoy 20 to 19 at the Carrier Dome in 21 Syracuse, New York on Friday, November 29, 22 1996; and 23 WHEREAS, additionally,

24 quarterback Don Kehn was named New York State 25 Class C Co-Player of the Year; Lou Horan, 1st

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1 team all-state offensive tackle; Scott Heid, 2 1st team wide receiver and Greg Krikorian, 2nd 3 team running back; and 4 WHEREAS, the athletic talent 5 displayed by this team is due, in part, to the 6 efforts of Coach Dan Reinfurt, a skilled and 7 inspirational tutor, respected for his ability 8 to develop potential into excellence; and 9 WHEREAS, the team's overall 10 perfect record, 13 and 0, is outstanding and 11 the team members were loyally and 12 enthusiastically supported by family, fans, 13 friends and the community at large; and 14 WHEREAS, sports competition 15 instills the values of teamwork, pride and 16 accomplishment, and Coach Dan Reinfurt and his 17 34 outstanding athletes have clearly made a 18 contribution to the spirit of excellence which 19 is a tradition of their school; now, therefore, 20 be it 21 RESOLVED, that this legislative 22 body pause in its deliberations to congratulate 23 the Watervliet High School varsity football

24 team, its members, Don Kehn, John Postulka, 25 Bill VanPatten, Chris Lee, Scott Heid,

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1 co-captain, Gary Simmons, co-captain, Dave 2 DeCenzo, Tim Murphy, Bill Oliver, Greg 3 Kirkorian, Dom Romano, Josh Green, Brian Hyra, 4 Chad Carrozza, Brian Doyle, T.J. Testa, 5 co-captain, Shane Sportman, Aaron Sorell, 6 Jonathan Moffre, Brian Hoefer, Scott 7 Houseworth, Tim Pelech, Pat Doyle, Dan Gorr, 8 Robert Beston, Jeff Phillips, Mike Lee, Vince 9 Bagnardi, Jeremy Smith, co-captain, Joe Ryan, 10 Lou Horan, John Madison, John Daniele, Matt 11 Rymanoski, Coach Dan Reinfurt, Offensive Coach 12 Mike Manning and Defensive Coach Nick 13 Fitzgerald, on their outstanding season and 14 overall team record; and be it further 15 RESOLVED, that copies of this 16 resolution, suitably engrossed, be transmitted 17 to the Watervliet High School varsity football 18 team and Coach Dan Reinfurt. 19 THE PRESIDENT: Senator Breslin. 20 SENATOR BRESLIN: Thank you. 21 I would like to take this 22 opportunity to commend not only the wonderful 23 players from Watervliet High School, but their

24 coach, Coach Reinfurt and the entire city of 25 Watervliet, which has a way of coming together

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1 to support you as high school football players 2 but it has a way of supporting the entire 3 community as it has in the past when it's won 4 other state championships and, as Senator Bruno 5 so aptly stated for the Troy players, they won 6 their "Super Bowl". Well, you also won your 7 "Super Bowl", and you can be commended by 8 everyone in this chamber, the entire city of 9 Watervliet, the entire county of Albany and the 10 people of the state of New York. 11 We salute you. 12 THE PRESIDENT: Thank you, 13 Senator. 14 Senator Stachowski. 15 SENATOR STACHOWSKI: I just 16 wanted to rise to congratulate both teams, but 17 also I'm going to leave this with a question. 18 I was wondering if the coach, 19 maybe when he comes down, could tell me if Ed 20 Reinfurt really gave him as much advice as he 21 claims he did, particularly through the 22 playoffs. He said without his help, none of 23 this would have been possible, and I just

24 wanted to know if that was true or not. 25 THE PRESIDENT: This resolution

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1 was previously adopted. Congratulations. 2 (Applause) 3 Senator Bruno. 4 SENATOR BRUNO: Madam President, 5 can we now move to the non-controversial 6 calendar. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 4, by Senator Levy, Senate Print 64, an act to 11 amend the Criminal Procedure Law, in relation 12 to providing that commission of the traffic 13 infraction. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first day of 18 November. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 59. 22 THE PRESIDENT: The bill is 23 passed.

24 THE SECRETARY: Calendar Number 25 16, by Senator Tully, Senate Print 184, an act

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1 to amend the Vehicle and Traffic Law, in 2 relation to revoking or prohibiting the 3 issuance of a driver's license. 4 SENATOR PATERSON: Lay it aside. 5 THE PRESIDENT: Lay it aside, 6 please. 7 THE SECRETARY: Calendar Number 8 18, by Senator Levy, Senate Print 203-A - 9 SENATOR BRUNO: Lay it aside, 10 please. 11 THE PRESIDENT: Lay it aside, 12 please. 13 THE SECRETARY: Calendar Number 14 31, by Senator LaValle, Senate Print 35, an act 15 to amend the Education Law and the Public 16 Officers Law, in relation to the Board of 17 Regents. 18 SENATOR PATERSON: Lay it aside. 19 THE PRESIDENT: Lay it aside, 20 please. 21 THE SECRETARY: Calendar Number 22 32, by Senator Holland, Senate Print 205 - 23 THE PRESIDENT: Go ahead. I'm

24 sorry. 25 THE SECRETARY: -- an act to

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1 authorize the Salvation Army Eastern Territory 2 School for Officers' Training to change its 3 name to the Salvation Army Training College. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 59. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 37, by Senator Goodman, Senate Print 570, an 15 act to amend the Administrative Code of the 16 city of New York, in relation to the treatment 17 of thrift reserves. 18 THE PRESIDENT: Call the roll - 19 oh, sorry. Read the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.)

24 THE SECRETARY: Ayes 59. 25 THE PRESIDENT: The bill is

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1 passed. 2 THE SECRETARY: Calendar Number 3 46, by Senator DeFrancisco, Senate Print 485, 4 an act to amend the Penal Law, in relation to 5 the payment of reparation or restitution in 6 certain cases. 7 THE PRESIDENT: Read the last 8 section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 59. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 59, by Senator Larkin, Senate Print 459, an act 18 to amend the General Municipal Law, the State 19 Finance Law and the Municipal Home Rule Law. 20 THE PRESIDENT: Read the last 21 section, please. 22 THE SECRETARY: Section 4. This 23 act shall take effect on the 120th day.

24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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1 THE SECRETARY: Ayes 59. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 63, by Senator Present, Senate Print 528, an 6 act to amend the General Municipal Law, in 7 relation to municipal contingency. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 59. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 65, by Senator Stafford, Senate Print 121, an 19 act to amend the Environmental Conservation 20 Law, in relation to non-hazardous municipal 21 landfill closure. 22 THE PRESIDENT: Read the last 23 section, please.

24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 59. 4 THE PRESIDENT: The bill is 5 passed. 6 Senator Bruno, that completes 7 the reading of the non-controversial calendar. 8 SENATOR SKELOS: Madam 9 President, at this time, if you could take up 10 Calendar Number 18 by Senator Levy. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 18, by Senator Levy, Senate Print 203-A, an act 15 to amend the Highway Law, in relation to 16 designating the Bethpage State Parkway as the 17 Assemblyman Philip B. Healey Memorial Parkway. 18 SENATOR LEVY: Madam President. 19 THE PRESIDENT: Senator. 20 SENATOR LEVY: Yes, thank you 21 very much. 22 This is really a bittersweet 23 occasion. I'm pleased, and I know my

24 colleagues are, that Phil Healey's wife, Geneva 25 Healey, her daughter Laurette, her son Philip,

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1 Jr. and his lovely wife Betsy, their children 2 and that their son Ralph are with us this 3 afternoon for the occasion of the Legislature's 4 memorial and testimonial to our dear friend and 5 colleague, Assemblyman Philip Healey, and for 6 the passage of this bill, soon to be law, 7 renaming the Bethpage State Parkway. 8 Phil Healey was my friend for 9 more than 25 years. He was my legislative 10 partner since his Assembly District was located 11 within my Senatorial District. Phil always 12 reversed it when we talked about it. 13 Phil Healey was a uniquely 14 dedicated and successful legislator who 15 literally moved heaven and earth and mountains 16 to respond to his constituents' problems and/or 17 concerns at any level of government. He was a 18 genuine legislator, and the children are 19 saying, "Aye, aye." 20 There were few people that could 21 say that they got the late Governor Nelson 22 Rockefeller to say yes when he really wanted to 23 say no. Phil Healey was that legislator.

24 Back in the early 1970s, right 25 after Phil had come to Albany, the Governor

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1 rightfully wanted to eliminate the great 2 crossings on the south shore of Long Island, 3 and though Phil was for the eliminations, he 4 was opposed to the way it was proposed for 5 Massapequa Park, and I have to tell you that he 6 held up the appropriation. He held up the line 7 item to get Governor Rockefeller to agree to an 8 aesthetically pleasing and, believe me, one of 9 its kind, low stonewall -- designer stonewall 10 and granite wall with permanent landscaping 11 above it, and that wall, one of its kind in 12 this country and probably any place in the 13 world, stretches the length of Massapequa Park, 14 and the only way Phil -- the only way that Phil 15 would go along with that elimination project 16 moving forward is if Governor Rockefeller 17 agreed to it. 18 There are countless other 19 similar stories about Phil's special advocacy 20 and his concern, but it is suffice to say, when 21 Phil Healey wanted to achieve something for his 22 constituents, he would go around you, he would 23 go over you, he would go under you until he

24 achieved what he started out to do. 25 Phil Healey was the ultimate

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1 legislator, blending his warmth, his sense of 2 humor, his ability and his tenacity to get the 3 job done and to get the job done 4 extraordinarily for more than 30 years, first 5 as a town of Oyster Bay councilperson and then 6 as a New York State Assemblyman. 7 Phil Healey was loved by the 8 residents of his Assembly District who knew 9 that he was genuinely committed to serving them 10 and to the belief that government can and 11 should be a positive force for helping and 12 improving people's lives. 13 I'm so pleased that Geneva is 14 with us this afternoon as we take up this 15 special legislation and testimonial to Phil's 16 legacy, his achievements and his 17 accomplishments. 18 Phil was totally devoted to 19 Geneva and their loving children and their 20 family. When we were at an event on a Saturday 21 or Sunday, I would always ask him the same 22 question, "What are you going to do this 23 afternoon, Phil?" -- and I see Bob Woertz

24 smiling -- and he would always look at me and 25 he would say to me, "I'm going to spend it with

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1 the family." I know I speak for so many when I 2 say that we miss Phil more than words can ever 3 convey. 4 By designating the Bethpage 5 State Parkway which accesses a jewel of the New 6 York State park system and will be home to the 7 first public course in the country ever to host 8 the U.S. Open in the year 2000, we will be 9 establishing a living memorial which will keep 10 the memory of Phil Healey alive and provide an 11 ongoing tribute to his accomplishments. 12 I know that Phil's looking down 13 upon us today. He is the speaker of the 14 "chamber of angels" and I know, and certainly 15 those of you who were his friends, you know 16 he's trying to figure out how he can get the 17 chapter for this bill. 18 ACTING PRESIDENT KUHL: The 19 Chair recognizes Senator Waldon on the bill. 20 SENATOR WALDON: Thank you very 21 much, Mr. President. 22 To the Healey family, I had the 23 good fortune of meeting Phil when I arrived in

24 the Assembly in 1983, and though I cannot speak 25 as definitively as my colleague has, nor as I'm

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1 sure Bob Woertz would if he were given this 2 opportunity in this chamber, I can tell you 3 that he was one of the good guys. 4 I loved Phil not only because of 5 his sense of humor -- and he could really tell 6 a story. He was the raconteur's raconteur. He 7 had a kind of wit that was quick, that was 8 sharp, and if you sometimes tried to be smarter 9 than he he could cut you down to size, and in 10 this kind of business, meaning politics, you 11 admire and respect someone who can come back at 12 you with a quick turn of a phrase. 13 But I had more fun with Phil 14 than just telling jokes. We played softball 15 together, and those of you who knew him as the 16 great athlete that he was, we had a lot of fun 17 playing softball at that time against the 18 Senate, and I want to tell you, Mrs. Healey, 19 that when I was in the Assembly, the Senate 20 didn't stand a chance in terms of winning 21 games. Although they had great players like 22 Billy Stachowski and Manny Gold and a couple 23 other guys on that side, our secret weapon was

24 Phil Healey on the mound. 25 So I rise today out of

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1 friendship and out admiration and respect for 2 one of the icons who passed through these 3 chambers and who is somewhere looking down on 4 us now. 5 May God ever keep you in His 6 hands. 7 ACTING PRESIDENT KUHL: Senator 8 Farley. 9 SENATOR FARLEY: Thank you, Mr. 10 President. 11 I rise to say what a great guy 12 Phil Healey was and to offer my sympathy to the 13 sudden, and I think untimely, departing. 14 You know, this was a guy that 15 was beloved by everybody, legislators not only 16 from this state but as Bob Woertz, the former 17 national chairman of the Council of State 18 Governments could tell you, that Phil was 19 active in the Council of State Governments, and 20 everybody that knew him from around the 21 country, and so forth, also loved him. 22 You know, he was always taking 23 part in everything. Senator Waldon, you

24 mentioned playing softball. He played tennis. 25 He did whatever it took to participate and,

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1 incidentally, he was one of the most loyal and 2 active members of the Irish Legislators, and I 3 got a kick out of hearing one of -- I'm sure 4 one of his offspring, a grandchild there, 5 saying "aye" to everything that Senator Levy 6 was saying. 7 Phil Healey was a great 8 colleague, a tremendous, devoted legislator, 9 somebody that looked out for his district 10 constantly, never let up on that issue. On an 11 issue, he was like a dog on your pants leg. He 12 just kept there until he got it resolved, and 13 Phil was -- he made everybody feel good just 14 being around him and we'll all miss him 15 greatly, and I'll tell you, he leaves a legacy 16 not only here in the Legislature but with the 17 magnificent family that is in this chamber now. 18 I wish you well. 19 ACTING PRESIDENT KUHL: Senator 20 Marcellino. 21 SENATOR MARCELLINO: Thank you, 22 Mr. President. 23 I didn't know Phil as long as

24 many people in this chamber. I first met him 25 when I became the town clerk of the town of

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1 Oyster Bay and I needed some information on 2 state issues, and I called Phil's office and I 3 got the information mailed to me the next day, 4 and then following that I got about 17 phone 5 calls from Phil asking me if I got the 6 information and if it was correct, and each 7 time I said yes, he said, "Are you sure, 8 because if it isn't correct, I'll make sure it 9 is correct," and he wasn't kidding. It was 10 Phil's way. He just wanted to make sure you 11 got what you needed and it didn't make any 12 difference if it was a state issue you needed 13 the information on. 14 I found if I needed facts or if 15 I needed information on any level of 16 government, on any bill, on any piece of 17 legislation, I could call Phil's office because 18 Phil's philosophy was: Take care of your 19 constituents, take care of your neighbors. 20 They're the people that put you in office. 21 They're the people that keep you there and if 22 you respond to their needs and their concerns, 23 they'll never forget and they'll always

24 remember you on Election Day, but even more 25 importantly, they'll remember you year round,

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1 and Phil's philosophy of service, is one that 2 we all should take to heart because he 3 exemplified the best of us all. 4 He always remembered where he 5 came from. He always remembered that his 6 family was the key to it all, that his family 7 was his support, that his family was his base. 8 He never betrayed a friend. He would go out of 9 his way to protect a friend. There are many 10 stories that many of us know about Phil's 11 relationships with friends here and how we 12 defended them regardless of who was on the 13 other side. 14 He was a great person who was 15 willing to take on issues that were not always 16 popular but were important to his 17 constituents. He took them on. He was 18 fearless in a political sense. He would take 19 on anybody. It didn't make any difference if 20 it meant that it was doing the right thing as 21 he saw it. 22 So, ladies and gentlemen, I rise 23 on this bill and on this legislation, and I'm

24 grateful to vote yes to it and I'm grateful for 25 the period of time that I had to know Phil

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1 Healey because he was a fine man, and I hope I 2 become a small portion of the legislator that 3 he was. 4 God bless him. 5 ACTING PRESIDENT KUHL: Senator 6 Gold. 7 SENATOR GOLD: Thank you, Mr. 8 President. 9 I am sitting here a little 10 bewildered. I'm only a little Democrat. I 11 loved Phil Healey. I never exactly thought of 12 him as a dog on my pants leg, but I want you to 13 know that he was a terrific guy and whenever I 14 saw him, it would bring a smile to my face 15 except -- Mrs. Healey, I don't lie -- I didn't 16 exactly smile every time I was finished hitting 17 against him in the softball games. That was 18 one day which was not always so great, but 19 there is one thing with this particular piece 20 of legislation, Senator Levy, which is flawed, 21 because I take a look and my name isn't on it 22 and I feel badly, and I'm sending this over 23 because I'd appreciate it if you would sign me

24 on. 25 Phil, as everybody knows, was

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1 just a wonderful, decent man. He was a 2 delightful fellow, and it's incredible in this 3 day and age, those words ought to say it all 4 and, unfortunately, somehow in this day and age 5 words like that get belittled, but the people 6 who understand it most are the people who got 7 the benefit of it most, and so the Healey 8 family is very lucky because you lived with a 9 man who was wonderfully decent and you lived 10 with a man who was wonderfully delightful. So 11 you've had that blessing, and for all of us who 12 had the opportunity to deal with him in Albany, 13 I guess we were blessed a little too. 14 We really miss him. 15 ACTING PRESIDENT KUHL: Senator 16 Goodman. 17 SENATOR GOODMAN: Mr. President, 18 I can add a slightly different perspective to 19 these very appropriate remarks by pointing out 20 to the house that not too long ago, one among 21 us, Senator Tarky Lombardi, would organize 22 periodic trips to Europe on a bipartisan basis 23 strictly paid for out of the pocketbooks of the

24 participants -- not a junket in any sense, just 25 to set the record quite straight on that point

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1 -- and these trips to Europe would give one an 2 opportunity to get to know one's colleagues in 3 a manner that was quite unique. 4 Phil and Geneva were a wonderful 5 couple, and I can recall quite distinctly being 6 with them in Paris, seeing some of the sights 7 and sharing in their delight and our own with 8 the unique new experiences that we were all 9 having and enjoying immensely the sheer warmth 10 of their personalities. Not only would we 11 sightsee together, we would drink together, we 12 would eat together and we would have what I can 13 only describe as continental good fellowship in 14 its best sense. 15 Geneva Healey was a tremendous 16 help to Phil. With her glorious perspective 17 and her rare charm and beauty, she added just 18 what Phil needed to complete the picture of an 19 altogether wonderful Renaissance man. 20 Phil and Geneva and I spent some 21 time in the area surrounding Paris and we had 22 an opportunity to be together on many occasions 23 and then, whenever I would meet Phil in the

24 chambers in Albany, we would always stop 25 unfailingly to reminisce about some of the good

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1 times we'd had together. That was punctuated, 2 however, by some serious legislative business 3 because when Phil did, indeed, have matters 4 that required attention and action by the 5 house, he never hesitated to outline his views 6 and enlist one's support in the most genial and 7 effective manner. 8 This was a wonderful leprechaun 9 of a man, a man of terrific personality and 10 warmth, whose very presence in this chamber 11 always lit it up and always made us all feel a 12 little better for his presence. 13 We shall miss him greatly, and I 14 just want to extend a personal salute and wish 15 of condolence to Geneva and to his family. You 16 had a wonderful husband and a wonderful father, 17 and we all love you. 18 ACTING PRESIDENT KUHL: Senator 19 Johnson. 20 SENATOR JOHNSON: Yes. 21 Certainly I'm pleased to be associated with 22 this measure. It's this very slight tribute to 23 Phil, nevertheless the greatest tribute that we

24 can give to him. 25 We were acquainted many years.

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1 Phil and I and his wife and some of his 2 children went campaigning together in my first 3 campaign. We've been together through the 4 years at ALEC meetings and legislation. 5 We recently passed a bill just 6 last year providing a special institute at the 7 State University in Farmingdale to study the 8 needs of disabled people. Phil brought that 9 legislation to me. I helped to get it 10 adopted. I helped to get money in the budget 11 to get that going, and that's a nice tribute to 12 Phil too, I think, but his entire life is 13 really a tribute to himself and to his family, 14 to all who knew him. 15 You never were without a friend 16 if Phil was around. He would back you up every 17 time. He would fight for you. He made you 18 feel comfortable when you spoke with him. Just 19 a wonderful man, and I really lost a lot, as 20 the family did, when Phil departed, and 21 certainly my sympathies and my compassion go to 22 them because we all suffered a great loss but 23 we all have wonderful memories of a great man.

24 ACTING PRESIDENT KUHL: Senator 25 Volker.

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1 SENATOR VOLKER: Mr. President, 2 very briefly. 3 It's ironic. When I came to the 4 State of the State this year, one of the things 5 I said to one of my colleagues in Long Island, 6 I said, "You know, it just won't quite seem the 7 same without Phil Healey." 8 I, of course, came to the 9 Assembly with Phil many years ago, came over to 10 the Senate and, frankly, primarily had a lot of 11 dealings with Phil as regards to the 12 American-Irish Legislators but, of course, 13 dealt with Phil on criminal justice issues and 14 many other things. In fact, every once in a 15 while he would run into my office and talk 16 about our death penalty bill and various other 17 pieces of legislation when something came to 18 his head that he thought he ought to come in 19 and tell me about in some way, that he was sure 20 that he could sell it to the rest of the state. 21 I was just telling one of my 22 colleagues on Long Island that one of the 23 things that I think we really need around here

24 is more people like Phil Healey. He not only 25 was bright and tenacious but he also had a

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1 sense of humor and an ability to turn something 2 really stressful into something really 3 comical. 4 What I used to say about Phil 5 is, the worst thing you could do is ask him a 6 question because most of the time the answer 7 that he gave you, you had no idea what he was 8 talking about, if he didn't want you to know 9 what he was talking about, and he was a master 10 at it, he really was, but in that answer, 11 though, was his version of how he believed that 12 issue should go, because Phil Healey went 13 directly to the point in a way -- even though 14 he went around it in a rather roundabout way. 15 He was a good man. He was a 16 good legislator, as Norman said, and I commend 17 Norman for the bill because I think he 18 certainly is somebody who Long Island should 19 honor, and this Legislature should honor 20 because I think he was a man who typified the 21 kind of legislator that I think all of us would 22 like to be. 23 My hat's off to him and to his

24 family, and we will all say a prayer for him 25 because I'm sure that he's looking down on us

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1 and sort of laughing at us and trying to figure 2 out what we're trying to do here. 3 ACTING PRESIDENT KUHL: Senator 4 Skelos. 5 SENATOR SKELOS: Thank you, Mr. 6 President. 7 I'm delighted, Norman, that you 8 have passed this legislation -- or about to 9 pass this legislation, naming this parkway 10 after Phil. 11 One thing will be certain, 12 because Phil was truly a "pothole" Assemblyman, 13 and the best word that that parkway will be - 14 never will there ever be a pothole on it and, 15 Norman, it's going to be your responsibility as 16 long as you're a legislator, and all of us from 17 the Island will make sure, that that parkway is 18 a fitting tribute to Phil. 19 When I arrived here in 1981 20 elected to the Assembly, Phil told me, "Make 21 sure that you tend to your constituents. What 22 occurs in Albany is important, whether it's 23 legislation, whether it's the budget, but the

24 most important thing that you can do is stay in 25 touch with your constituents," and those of us

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1 who are in office -- we can be in a parade, we 2 can be walking door to door, we can just be 3 walking down the street -- will run into 4 constituents. Some of them will agree with us; 5 some of them will disagree with us. Some of 6 them will respect us; some of them may not 7 respect us, but when you were with Phil Healey 8 in his Assembly District, they loved him. They 9 respected him and loved him and they loved his 10 entire family because it was a family ethic 11 representing that Assembly District. 12 I know I'm personally going to 13 miss Phil a great deal. All of us from the 14 Nassau County delegation, Senate, Assembly - 15 and I know Bob Woertz is here from Suffolk 16 County. The entire Long Island delegation is 17 going to miss Phil because he represented the 18 best in government. Nobody was too small. No 19 issue was too small for Phil to deal with, and 20 that's why he was loved and that's why he is 21 the type of legislator -- was the type of 22 legislator we should all look to be. 23 So, to the family, your loss

24 obviously is so much more than ours, but all we 25 can say as a legislative body, the Senate -

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1 and he told me I should have stayed in the 2 Assembly. It was a lot more fun and active 3 over there, but I love the Senate. But you 4 know what? We love Phil Healey. He was a good 5 man. 6 God bless you all. 7 ACTING PRESIDENT KUHL: Senator 8 Hannon. 9 SENATOR HANNON: Mr. President, 10 one of the types of speeches I have really 11 never given in either chamber is a speech 12 remembering somebody, but this is Phil Healey. 13 He's definitely an individual for whom I should 14 make a major exception to that. I have never 15 felt that I have been able to say all the right 16 things that have to be said, but I've known 17 Phil since I came to Albany as representing the 18 county of Nassau as its lobbyist and served 19 with him in the Assembly and certainly got 20 affected by all of the projects he would take 21 on here in the Senate, and I thank you, Senator 22 Levy, for this legislation. 23 As Senator Skelos was reading

24 the -- telling you about the potholes, I said, 25 I'd better check where this highway is, and I

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1 realize it's in my district. So I'll take up 2 the cudgels that Phil would have left. I think 3 there's a few promises he has -- for sound 4 barriers, that he's made that I know we're 5 trying to still fulfill in the commitments 6 along here. 7 Phil was tenacious and he was 8 persistent, but also he had a vast 9 understanding of government. I knew that at 10 one point while we were discussing some of the 11 absolutely arcane intricacies of the government 12 of France and he demonstrated to me an 13 up-to-date, intricate knowledge of that system, 14 and I realized that what he had then been doing 15 in terms of representing so well his district 16 was trying to make sure that whatever he was 17 trying to bring forward in terms of government 18 was simple enough so that everybody would 19 understand what he was doing and they could 20 then react to it. 21 I know that he was successful in 22 that because when I had a chance to first run, 23 in where we overlapped, as I would go door to

24 door people would not even talk to me until 25 they were sure I was running for the Senate and

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1 I would swear I was not running against Phil 2 Healey and at that point, when I pointed out we 3 would be running on the same ticket, then they 4 would allow me to talk. 5 He was just great. It's really 6 unique that we do this type of bill in the 7 Senate, but then that's what Phil Healey was, a 8 unique person who moved policy, who moved us, 9 who moved my predecessor, John Dunne, when he 10 had this seat. 11 I know that one of our old 12 friends here in Albany who also has passed 13 away, Tim McCarthy, used to tell me, "Always 14 listen to Phil Healey. If you want to find out 15 what's happening in Nassau County and what 16 people were believing and what ought to be 17 done, listen to Phil Healey." 18 I did that, and I think all of 19 our service here in Albany was the better for 20 it, and I can only finish this speech by 21 finishing the speech in a way that Phil would 22 have done by saying, thank you very much. 23 ACTING PRESIDENT KUHL: Senator

24 Stafford. 25 SENATOR STAFFORD: Mr.

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1 President, I would like to join these very fine 2 remarks that have been made for a very fine 3 gentleman, a member of a very fine family. 4 As the Healeys know, Phil knew 5 the Lake Placid area very well, and I believe 6 he was elected in 1970 and, as a matter of 7 fact, in '74 we bid for the Olympics and it 8 wasn't a great thing in those days. In other 9 words, people didn't have the feeling for it 10 that we got as we won the game -- the hockey 11 game, and I needed a lot of help and Phil 12 Healey was there helping me to get the $100,000 13 that we got to bid for the Olympics to go to 14 Austria -- to put on the bid, and then we won 15 -- won the bid, and then, of course, had the 16 Olympic Games in 1980. 17 Also, he knew Whiteface. He 18 knew the area well and, as a matter of fact, we 19 have a number of other issues after the 20 Olympics. Forming the Olympic Development 21 Authority, we needed a lot of help and Phil 22 again knew the area, took an interest in it and 23 was very, very helpful to us, and he did that

24 on a number of issues. 25 We are better up in the Lake

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1 Placid region because of Phil Healey, and we 2 thank his family for sharing him with us, and 3 the state is much better too. 4 ACTING PRESIDENT KUHL: Senator 5 Tully. 6 SENATOR TULLY: Thank you, Mr. 7 President. 8 Phil Healey was a friend and a 9 colleague and a very fascinating softball 10 player. The times when the Senate had Warren 11 Anderson as its pitcher, the Assembly had the 12 Runyonesque "Fast Philly" as their pitcher and 13 they had some pretty good hitters on their 14 team. One of them was Billy Stachowski, and 15 sometimes even he, when he got up to bat, would 16 stand there fascinated by the pitches of Phil 17 Healey, because he had an enormous softball 18 pitch which went up in the air. By the time it 19 came down, you wondered where you were and what 20 you were doing, and I think he surprised a 21 number of us, including Billy Stachowski. 22 But, beyond that, Phil was 23 probably one of the most determined

24 bulldog-type legislators I ever met in my life 25 and on one of the first pieces of legislation

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1 that I helped to engineer in the Senate, I 2 remember that Phil Healey was on me every day 3 about this piece of legislation and I wasn't 4 really certain that I wanted to do it, but 5 every time I turned around he was in my face 6 and he kept on me and on me and on me, and 7 finally I went along with the legislation, only 8 to subsequently run into Senator Levy, who 9 said, "He's my Assemblyman. You stay away from 10 him," and that was a tribute to Phil Healey, in 11 the sense that Senator Levy knew that that 12 which Phil Healey brought forward after much 13 deliberation was good legislation and it 14 properly belonged to Senator Levy, but in the 15 sense that we are colleagues, we shared it in 16 the Senate and the public benefited. 17 I salute you, Senator Levy, for 18 presenting this legislation, and I know Geneva 19 and the family is very pleased that it's taking 20 place, and I'm going to be very happy to vote 21 for it. 22 ACTING PRESIDENT KUHL: Is there 23 any other Senator wishing to speak on the

24 legislation? 25 Senator Larkin.

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1 SENATOR LARKIN: Mr. President, 2 I think I had unique relations with Phil 3 Healey. The very first day I came here over 4 from the Assembly he reminded me who my 5 predecessor was and who my predecessor's 6 predecessor was, and he said, "We're going to 7 get along great as long as you take care of the 8 Hudson Valley and listen to us people from Long 9 Island," and I thought he was joking. He was 10 as serious as a day is long. 11 I remember one time when we were 12 being real rambunctious in the Assembly about 13 adding and subtracting, and Phil Healey said, 14 "You never got the message. No, no. You can 15 take it away from the Hudson Valley, but don't 16 touch Long Island," and he said it with a very 17 sincere -- I had a problem in my district at an 18 airport that Norman remembers. Everybody was 19 getting away on a getaway day. Phil Healey 20 called me and said, you know, "I've already 21 called Gen. I'm going to be home late." He 22 came to the airport and talked to the people in 23 the town and asked them how often they would

24 use the airport and what it would do to the 25 airport, and about three or four days later I

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1 get a call from Norman Levy, and he said, "Your 2 good friend, Phil Healey, has put together some 3 people from the Transportation Committee, some 4 of my own people, and we're going to come down 5 there and we'll hold a hearing," and my people 6 were amazed that this man from Long Island 7 would pay so much attention to another member's 8 area and, you know, if you really think about 9 it, that was Phil Healey, and I don't think, 10 even when I came to this house, there was ever 11 a day that he saw me that he didn't come by and 12 say, "How's Stewart doing?" 13 You know, when we opened 14 Stewart, Phil Healey came and it was sad that 15 he wasn't given the respect by somebody over 16 and above me, but Phil Healey didn't care. He 17 sat there and looked up, and he said, "I want 18 to see the plane go off." When American went 19 by, he put his arm around me and he said, 20 "That's progress. That's cooperation, and 21 don't you forget it. When somebody takes your 22 seat, you better be willing to help them," and 23 that was Phil Healey.

24 I remember, if you were in a 25 conference with him -- and, of course, you met

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1 his wife the first time and 16 times later, he 2 still reminded you this was this beautiful 3 wife, and, Gen, he always spoke of you as 4 something from heaven, and his family, and, you 5 know, we're all richer. We're better off 6 because during our lifetime we met Phil Healey. 7 Thank you. 8 ACTING PRESIDENT KUHL: Is there 9 any other Senator wishing to speak on the 10 bill? 11 (There was no response.) 12 Hearing none, the Secretary will 13 read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 61. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President,

24 if we could temporarily go back to motions and 25 resolutions.

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1 Please recognize Senator Norman 2 Levy. 3 ACTING PRESIDENT KUHL: We'll 4 return to the order of motions and resolutions. 5 The Chair recognizes Senator 6 Levy. 7 SENATOR LEVY: Yes, Mr. 8 President. I ask that the resolution be read. 9 ACTING PRESIDENT KUHL: There's 10 a privileged resolution at the desk. 11 I'll ask the Secretary to read 12 it in its entirety. 13 THE SECRETARY: By Senator Levy, 14 a Legislative Resolution memorializing the life 15 of Assemblyman Philip Healey. 16 WHEREAS, Assemblyman Philip 17 Healey, a distinguished and long-time public 18 official and resident of Massapequa, New York, 19 suddenly passed away on May 27, 1996 after 20 having just completed marching with fellow 21 veterans in the Massapequa's Memorial Day 22 Parade; and 23 WHEREAS, Assemblyman Philip

24 Healey was a tower of strength, support, 25 understanding and limitless love for his

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1 beloved wife Geneva, his daughter Laurette, his 2 sons Philip, Jr. and Ralph, his daughter-in-law 3 Betsy and his children -- his grandchildren 4 Corinne and Philip; and 5 WHEREAS, Assemblyman Philip 6 Healey's love, devotion, commitment and 7 responsiveness to his family, friends and all 8 who knew him were his hallmark, tradition and 9 legacy; and 10 WHEREAS, the death of 11 Assemblyman Philip Healey, a highly respected 12 and regarded public servant, leaves a great 13 void in the New York State Assembly and in the 14 communities of the 12th Assembly District he 15 served with such passion and dedication for 16 more than 25 years. 17 Assemblyman Philip Healey, a 18 retired business executive, began his career in 19 public office in 1967 with his appointment to 20 the town of Oyster Bay Town Board. 21 Assemblyman Philip Healey was a 22 man of strong convictions who believed deeply 23 in the value of encouraging open debate in the

24 development of public policy and in 25 facilitating the honest exchange of diverse

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1 viewpoints. 2 Assemblyman Philip Healey, 3 widely regarded as a gentleman who exemplified 4 all that is best about public service, was 5 deeply dedicated to his constituency and to the 6 belief that government can be a positive force 7 for improving people's lives; and 8 WHEREAS, Assemblyman Philip 9 Healey worked tirelessly throughout his 10 Assembly career to serve his constituency. 11 Assemblyman Philip Healey, 12 throughout his legislative career, held a 13 variety of important positions, including 14 Assistant Assembly Minority Whip, chair of the 15 Nassau County Republican Assembly Delegation 16 and membership on the Assembly Committees on 17 Aging, Commerce, Industry and Economic 18 Development, Rules and Governmental Operations. 19 Assemblyman Philip Healey was a 20 uniquely successful leader in both the private 21 and public sectors and left behind a myriad of 22 governmental achievements and accomplishments. 23 Assemblyman Philip Healey,

24 throughout his life, devoted his time and 25 energy to important community-related concerns,

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1 interests and activities, thereby leaving upon 2 them his own indelible and lasting mark; and 3 WHEREAS, Assemblyman Philip 4 Healey significantly contributed to improving 5 and bettering the quality of life of the 6 residents of the Massapequas, the town of 7 Oyster Bay, Nassau County and New York State by 8 always seeking to increase community pride, 9 respect and understanding through his community 10 efforts. 11 Assemblyman Philip Healey lived 12 his life with great dignity and genuine grace, 13 always demonstrating a deep continuing concern 14 for others and in doing so, he inspired others 15 to do the same. 16 Assemblyman Philip Healey's 17 record of unimpeachable fairness will endure as 18 an inspiration and living legacy to all who had 19 the privilege and honor of knowing him; and 20 WHEREAS, Assemblyman Philip 21 Healey was recognized as a pillar within his 22 home community of Massapequa, the town of 23 Oyster Bay, Nassau County and New York State,

24 always seeking to build the firmest foundations 25 upon which the Massapequas, the town of Oyster

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1 Bay, Nassau County, New York State and our 2 nation will continue to grow and prosper. 3 For those countless many who 4 knew and loved him, the death of Assemblyman 5 Philip Healey has most seemingly curtained the 6 world in darkness; and 7 WHEREAS, like the light at dawn 8 which so completely eclipses the brightness of 9 the night's stars, the life of Assemblyman 10 Philip Healey bears radiant testimony that the 11 ideals of honor, courage, loyalty and 12 dedication -- and of personal love -- yet 13 endure; and 14 WHEREAS, many years ago Robert 15 Ingersol wrote these words concerning the death 16 of his brother. "If everyone to whom he 17 rendered some loving service were to bring but 18 one blossom to the grave, he would sleep 19 beneath a wilderness of flowers"; and 20 WHEREAS, it is the sense of this 21 legislative body that Assemblyman Philip Healey 22 sleeps beneath a wilderness of flowers; now, 23 therefore, be it

24 RESOLVED, that this legislative 25 body pause in its deliberations in a moment of

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1 silent tribute to Assemblyman Philip Healey, a 2 warm, caring, loving and responsive man whose 3 unselfish concern for the welfare of others 4 endowed and yet enhanced the lives of those so 5 fortunate to call him family and friend, and to 6 express its deepest condolences to his beloved 7 wife Geneva, his daughter Laurette, his sons 8 Philip, Jr. and Ralph, his daughter-in-law 9 Betsy and his grandchildren Corinne and Philip; 10 and it be further 11 RESOLVED, that copies of this 12 resolution, suitably engrossed, be transmitted 13 to Assemblyman Philip Healey's family. 14 ACTING PRESIDENT KUHL: Senator 15 Levy, the Chair has had an inquiry as to 16 whether or not this is open for multiple 17 sponsorship. 18 SENATOR LEVY: Certainly. 19 ACTING PRESIDENT KUHL: Without 20 any objection from the chamber, we'll place all 21 the members on as multiple sponsors. 22 The question is on the 23 resolution. I'll ask all the members to stand

24 to recognize their affirmation in a moment of 25 silence.

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1 (A moment of silence was 2 observed.) 3 ACTING PRESIDENT KUHL: The 4 resolution is adopted. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 could you call up Calendar Number 16. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read Calendar Number 16, Senate 10 Print 184, by Senator Tully. 11 THE SECRETARY: Calendar Number 12 116, by Senator Tully, Senate Print 184, an act 13 to amend the Vehicle and Traffic Law, in 14 relation to revoking or prohibiting the 15 issuance of a driver's license. 16 SENATOR MONTGOMERY: 17 Explanation. 18 ACTING PRESIDENT KUHL: Senator 19 Tully, an explanation has been requested by 20 Senator Montgomery. 21 SENATOR TULLY: Thank you, Mr. 22 President. 23 This piece of legislation, which

24 passed twice in the Senate last year, is 25 sponsored in the Assembly by Assemblyman

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1 Lafayette and it provides for the suspension, 2 revocation or delay of the issuance of a 3 driver's license to persons for up to one year 4 for each conviction or adjudication of making 5 graffiti. 6 ACTING PRESIDENT KUHL: Senator 7 Montgomery. 8 SENATOR MONTGOMERY: Yes, Mr. 9 President. I wonder if Senator Tully would 10 yield for a question. 11 ACTING PRESIDENT KUHL: Senator 12 Tully, do you yield? 13 SENATOR TULLY: Yes, Mr. 14 President. 15 ACTING PRESIDENT KUHL: The 16 Senator yields. 17 SENATOR MONTGOMERY: Yes, 18 Senator Tully. I see where we have tried to 19 address this graffiti problem that you identify 20 on a couple of prior bills that we passed, one 21 of them being to make graffiti a crime 22 punishable as a Class A misdemeanor, and the 23 other one provides that if a person convicted

24 of making graffiti or possession of graffiti 25 instruments is sentenced to probation or

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1 conditional discharge, the court shall, where 2 appropriate, participate in a program designed 3 to remove graffiti from public or private 4 property. 5 So we seem to have two distinct 6 kinds of punishments to attempt to address 7 this. I'm just wondering if either of these 8 have worked to really reduce the problem of 9 graffiti over the areas. 10 SENATOR TULLY: Thank you, 11 Senator Montgomery. 12 Mr. President, that's exactly 13 the reason for this bill. The existing law 14 does provide that the making of graffiti is a 15 misdemeanor punishable by up to one year in 16 jail but, unfortunately, the fact that that 17 penalty exists makes it far different from the 18 fact that people are convicted of making 19 graffiti and then sent to jail. The judges 20 just aren't putting them in jail for making 21 graffiti even though that punishment exists. 22 This bill came about as the 23 result of communication with my office by many,

24 many chambers of commerce which are reflected 25 in the support memos and when we initially

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1 debated the bill when it was first introduced, 2 it did not have any provision for either 3 community service or conditional licenses. 4 As a result of the suggestions 5 of, in the one case, Senator Paterson with 6 respect to conditional licenses, we included a 7 provision for that under certain conditions of 8 medical employment and educational reasons and 9 in the case of community service, at the 10 recommendation of Senator Abate and Senator 11 Onorato, we included that as well. 12 So the bill which originally 13 passed 54 to 4 in the Senate subsequently came 14 back with those changes and passed 45 to 2, and 15 that's the bill that's before us today. 16 SENATOR MONTGOMERY: All right. 17 If the Senator would continue to yield, Mr. 18 President. 19 ACTING PRESIDENT KUHL: Senator 20 Tully, do you continue to yield? 21 SENATOR TULLY: Yes, Mr. 22 President. 23 ACTING PRESIDENT KUHL: The

24 Senator continues to yield. 25 SENATOR MONTGOMERY: Thank you.

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1 The bill that is before us which 2 requires suspension of a driver's license, it 3 is my perception that, at least for the urban 4 centers -- and I must say I'm thinking about 5 New York City in particular -- that most of the 6 people would not necessarily be driving. So 7 would this help in cities like New York where 8 we're not looking at graffiti artists who drive 9 cars? 10 SENATOR TULLY: Thank you, Mr. 11 President. 12 It's a good question, Senator, 13 and it does help in New York City. One of the 14 chambers of commerce that contacted us very 15 strongly on this was the Chamber of Commerce 16 for the borough of Queens, which is, as you 17 know, within the city of New York, and it is 18 not a mandatory situation. It's one where it 19 may be imposed and the concept is really one to 20 give the youngsters pause to think before they 21 commit such an act. 22 SENATOR MONTGOMERY: Thank you, 23 Mr. President.

24 Just briefly on the bill. I am 25 just really concerned that we're moving to

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1 further convict, if you will, people who do 2 graffiti, and one of the programs in New York 3 City that I know that has worked and quite 4 successfully, I believe, is particularly in 5 Harlem, and I certainly would leave the example 6 to be further delineated by my Harlem Senator, 7 but I believe that what people have done is to 8 allow for artwork to be placed on public 9 buildings. A lot of that has happened 10 certainly in my district and on those 11 buildings, including the ugly gates that are 12 used to protect businesses from vandalism, 13 where there is artwork done by so-called 14 graffiti artists, we do not see the defacing by 15 graffiti vandals. 16 So I believe that's probably a 17 much more sensible and successful, workable 18 solution to graffiti vandalism, and I would 19 hope that we would allow for more of that as 20 opposed to trying to figure out other ways to 21 punish graffiti artists. 22 Thank you. 23 ACTING PRESIDENT KUHL: Senator

24 Paterson. 25 SENATOR PATERSON: Mr.

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1 President, if Senator Tully would yield for a 2 question. 3 SENATOR TULLY: Yes, I will, Mr. 4 President. 5 ACTING PRESIDENT KUHL: The 6 Senator yields. 7 SENATOR PATERSON: Thank you. 8 First, Mr. President, Senator 9 Tully was quite responsive and quite sensitive 10 to some of the issues we raised last year, and 11 I would really like to commend him. 12 I certainly can live with the 13 legislation as it stands now, but if the 14 Senator would yield for this question. It's 15 just that in my opinion, the problem with the 16 legislation inherently is its unequal 17 enforcement in the sense that once the penalty 18 relates to a driver's license, you're now 19 talking about a class of the population that 20 has driver's licenses. Why they might have 21 those licenses might be different in different 22 ways. So I just think that the penalty would 23 be enforced in different values to whoever the

24 recipients would be. 25 Now, obviously if one commits a

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1 crime under our laws, the way that they're 2 affected may be unequal to others who would 3 similarly be convicted, but the point that I'm 4 trying to make is that in this case, we've gone 5 out of our way, Senator Tully, to write into 6 the law what is a distinction that, in my 7 opinion, doesn't even relate to the actual 8 crime. The relationship between graffiti and 9 driving is one I don't understand. I was 10 hoping you would clear that up for the record. 11 SENATOR TULLY: Yes. Thank you, 12 Mr. President. 13 The law currently, prior to the 14 passage of this bill, provides that in the 15 event you're convicted of making graffiti, that 16 a judge, in his infinite wisdom, can send you 17 away for up to one year in jail. That's 18 obviously not working, which is the reason and 19 the gravamen for the development of this bill 20 so that there would be another hook, so to 21 speak, to hang the individual on to preclude 22 them from doing this again, and that's why we 23 have this proposal which, again, is not

24 mandatory but it doesn't only include those who 25 have licenses. It includes those who might be

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1 looking to have one in the sense that it 2 provides for the delay in the issuance of a 3 license. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Thank you, 7 Mr. President. 8 If the Senator would yield for 9 just one more question. 10 ACTING PRESIDENT KUHL: Senator 11 Tully, do you continue to yield? 12 SENATOR TULLY: Yes, Mr. 13 President. 14 ACTING PRESIDENT KUHL: The 15 Senator yields. 16 SENATOR TULLY: You're looking 17 better all the time, Mr. President. I want you 18 to know that. 19 ACTING PRESIDENT KUHL: Thank 20 you, Senator Tully. 21 SENATOR PATERSON: On that, Mr. 22 President, Senator Tully and I heartily agree. 23 SENATOR TULLY: I also meant to

24 tell Senator Paterson, Phil Healey told me he 25 loved this bill.

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1 ACTING PRESIDENT KUHL: Is that 2 explanation satisfactory, Senator Paterson? 3 SENATOR PATERSON: Well, now, 4 Mr. President, Senator Tully has estopped me 5 from asking any more questions. I'll just say 6 this. 7 Up in Watkins Glen, Mr. 8 President, there was once a chicken and a pig 9 drag racing on the highway. They were pulled 10 over by a couple of state troopers and they 11 were talking about how they could get the state 12 trooper to stop them from being given a very 13 major ticket and the chicken said, "Well, you 14 know, we could offer him bacon and eggs" and 15 the pig said to the chicken, "What you see as a 16 penalty, I see as a mortal sacrifice.". 17 ACTING PRESIDENT KUHL: Thank 18 you, Senator Paterson. 19 The Secretary will read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first day of 23 November.

24 ACTING PRESIDENT KUHL: Call the 25 roll.

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1 (The Secretary called the roll.) 2 ACTING PRESIDENT KUHL: Announce 3 the results when tabulated. 4 THE SECRETARY: Those recorded 5 in the negative on Calendar Number 16 are 6 Senators Breslin, Mendez, Montgomery and 7 Waldon. Ayes 57, nays 4. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 Senator Holland. 11 SENATOR HOLLAND: Very nice to 12 see some more county clerks in the chamber, Mr. 13 President. 14 Could we star Calendar Number 31 15 at the request of the sponsor. 16 ACTING PRESIDENT KUHL: Calendar 17 Number 31 is starred at the request of the 18 sponsor. 19 Senator Holland. 20 SENATOR HOLLAND: And could we 21 return to motions and resolutions and recognize 22 Senator Leichter -- Senator Abate, rather, for 23 some comments on former Assemblyman

24 Passannante. 25 SENATOR ABATE: Yes. I'd like

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1 to speak on the floor in support of Resolution 2 195. I believe it was a resolution adopted 3 last Tuesday, but we did not have an 4 opportunity. Many of you knew - 5 ACTING PRESIDENT KUHL: The 6 resolution was previously adopted, Senator 7 Abate, and with unanimous consent of the 8 members of the chamber -- and I don't hear any 9 objections -- you're allowed the opportunity to 10 speak on the resolution. 11 SENATOR ABATE: Thank you. 12 Assembly member Bill 13 Passannante, many of you worked with him for a 14 number of years. The resolution that was 15 adopted celebrated his life and his work. 16 I was very lucky. I knew Bill 17 as a close friend, a colleague in the 18 community. I never had the opportunity to 19 serve with him in the Legislature, but I know 20 how well thought of and how many friends he 21 earned through the years. 22 One great attribute, if you knew 23 Bill well, he made you laugh, and there are

24 stories after stories of Bill driving to Albany 25 with his eyes closed and when parts of his car

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1 would fall off, he would put parts of his car 2 in the trunk, and he would collect these parts 3 over time. 4 So people loved Bill because he 5 made them laugh but people loved and respected 6 Bill because of his passion, his commitment to 7 issues and particularly in the community of 8 Greenwich Village, which is the community where 9 I've lived for many years, there's not a soul 10 who knew Bill that did not cherish his 11 leadership, his commitment to that community. 12 He brought dollars in support and championed 13 the institutions within Greenwich Village. If 14 ever there was someone who could call 15 themselves the mayor of Greenwich Village, it 16 would be Bill Passannante. 17 He was bigger than life. He 18 loved life. He loved food. He loved his 19 friends. He loved serving in the Legislature. 20 In many ways he was ahead of his time. 21 He was a champion of the arts 22 and of education. He talked about human rights 23 when other people were afraid about talking

24 about equal rights for all people in this 25 state, and he was someone that really cared

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1 about other people. 2 He loved his friends. He spent 3 time with his friends and he wanted to make 4 sure everyone in society had a voice, had 5 services and had support. So not only was he a 6 great legislator, he was a great friend to so 7 many people. He was also a great and decent 8 human being. 9 I know if Bill were here today, 10 he would say, carry on. He would miss every 11 moment of the times he spent in this 12 Legislature, but he would also be so 13 appreciative of hearing from his friends and 14 the words that we have to say about him that 15 are very heartfelt. 16 So, Bill -- and as many of us do 17 -- we'll miss you, but the legacy that you 18 leave us, the legacy of all your good work will 19 remain with us for many years to come, and so I 20 hope that other young people -- because he 21 certainly was my mentor as I was in local 22 politics -- I hope that he will inspire us, 23 through his legacy and good work, will inspire

24 us to remember his good work and inspire us to 25 do better for ourselves, for each other and to

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1 represent our communities better. 2 So thank you, Bill, for the 3 legacy you've left us, and in your name and in 4 your honor, we will try to continue your good 5 work. 6 ACTING PRESIDENT KUHL: Senator 7 Stavisky, with unanimous consent to speak on 8 the resolution. 9 SENATOR STAVISKY: I knew Bill 10 Passannante perhaps longer than any other 11 member of this Legislature because in 1954 12 during the first year of the Wagner 13 administration, I was deputy to the president 14 of the New York City Council. As a young 15 Harvard educated man, he was able to serve in 16 the office with me. 17 He was an inspiration in terms 18 of his decency. He was a knowledgeable 19 individual who did not flaunt his Harvard 20 affiliation. He was a person whom I served 21 with only for a year and then I tried my best 22 to assist him in his race to become a member of 23 the New York State Assembly.

24 He was successful in that race, 25 and I want to recall those days when he was a

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1 valued colleague, and then the days when we 2 served together in the Assembly, and I knew 3 that here was a committed individual who 4 deserved the support that he had received from 5 his constituents. 6 Later in life, Bill Passannante 7 was president of the National Conference of 8 State Legislators and it was a fitting tribute 9 to him that Republican and Democratic members 10 of this Legislature, as well as members from 11 legislative bodies throughout the country, 12 placed their trust in Bill Passannante. 13 I miss him as many of you also 14 do, and I would be honored if you would allow 15 me as well as others in this chamber to join in 16 the sponsorship -- or co-sponsorship of the 17 resolution that Assemblywoman -- that Senator 18 Catherine Abate has introduced. 19 Thank you. 20 ACTING PRESIDENT KUHL: Senator 21 Lachman. 22 SENATOR LACHMAN: I never had 23 the privilege of serving with Assemblyman

24 Passannante in this body, and I never had the 25 privilege of working for him or living in the

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1 same geographic area that he lived in, but I 2 did have the privilege of knowing him. 3 As you are probably aware, he 4 was deeply concerned about educational issues, 5 and when I was serving as a member and 6 president of the New York Board of Education 20 7 years ago, there was no one in the Assembly who 8 was more involved to better the education of 9 the public school children of the city of New 10 York, and though there might have been 11 differences of opinion between the assemblyman 12 and the members of the board, every single 13 member of the board respected his intelligence, 14 his integrity and his goals to give a superior 15 education to all of the children of the city of 16 New York, and I would be privileged and honored 17 to co-sponsor this resolution as well. 18 ACTING PRESIDENT KUHL: Senator 19 Leichter on the resolution. 20 SENATOR LEICHTER: Thank you 21 very much, Mr. President. 22 You know, there's so many things 23 that can be said about Billy Passannante, and

24 he was so much part of the life of this 25 Legislature for so many years. I think among

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1 -- in the whole history of the New York State 2 Legislature, very few legislators have served 3 longer than Billy Passannante did, but one 4 thing I'm sure that never has anybody served 5 with more joy, with more enthusiasm, with a 6 greater sense of collegiality than Billy 7 Passannante. 8 Billy was really so generous. 9 He was so committed to his work but never to 10 the point where he didn't see the human factor, 11 the relationship among members. He really goes 12 back to a time which I think is somewhat 13 different than what we have in the Legislature 14 now, a time certainly that Senator Marchi can 15 remember, Senator Stavisky, I guess in some 16 respects that I can, where there was a greater 17 sense of collegiality and less partisanship, 18 not that Billy wouldn't fight hard for the 19 things that he believed in. He fought very 20 strenuously and very vigorously, but I don't 21 think there was ever a member of the 22 Legislature all the years that Billy 23 Passannante served who would say, "I don't like

24 this guy. He's too partisan. He's taking 25 advantage of me", and so on.

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1 Really, the contrary was the 2 case, and Billy was incredibly effective as a 3 legislator and as somebody who represented his 4 community. Unfortunately, I missed the 5 beginning of the comments, and I didn't hear 6 what Senator Abate said, but I hope she talked 7 somewhat -- and it deserves to be said -- the 8 fact is that he came in a district originally 9 representing a very strong Italian community, 10 as the village changed, and yet he responded so 11 well to all his constituents. 12 I got into politics in the late 13 '50s and at that time there was a strong 14 effort within New York County to depose Carmine 15 DiSapio who was then the head of the New York 16 County democratic organization known as Tammany 17 Hall, and Billy was really the Assemblyman of 18 Carmine DiSapio, but in spite of all of that, 19 Billy adjusted and not in a craven way of 20 giving in but in a sense that everyone 21 appreciated that this was a true fine public 22 servant. So as the reformers took over in the 23 village, they continued to support Billy.

24 There was one challenge to him 25 in the primary some years ago. Ed Koch, a

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1 young, ambitious politician took on Billy 2 Passannante and Billy Passannante dispatched 3 him very effectively because Billy was loved by 4 all his constituents because they appreciated 5 this was somebody that really served them. 6 I sort of want to end by telling 7 one story about Billy Passannante because I 8 think that really captures the sort of strong, 9 wonderful human being he was. 10 I had to get down -- this was - 11 I was serving in the Assembly and session was 12 over. I had to desperately get down to New 13 York. I thought the whole fate of western 14 civilization depended upon my being in some 15 meeting and Billy said, "I'm driving down." I 16 said, "Good, but I got to be down there 17 quickly." "Come on. We'll speed down." So 18 we're moving along at a good clip and being 19 with Billy is always fun except you're nervous 20 because while he's driving, he's speaking, you 21 know, waving his hands, and so on, but we're 22 moving along. We hear the siren behind us. He 23 gets pulled over. The police officer stops

24 ahead of us. Billy gets out of the car, gets 25 into the car with the state trooper and one

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1 minute passes, five minutes passes, ten minutes 2 passes, fifteen minutes passes, all I can see 3 is Billy's arms waving and I'm desperate to get 4 to New York and I'm ready to go out of the car 5 and say, "Billy, I'll pay the ticket." Finally 6 he comes back and he gets in the car and he 7 says, "Gee, that was a nice state trooper." I 8 said, "You talked your way out of the ticket?" 9 He said, "Oh, no. I got a ticket but he was 10 just a wonderful guy to speak to." That was 11 really Billy Passannante. 12 He loved everybody. He 13 responded to everybody, and I think one other 14 thing needs to be said, his very special 15 relationship with Father Peter Young. In fact, 16 who can fail to forget almost any evening 17 seeing Father Peter Young and Tommy Laverne, of 18 course, who served with great distinction, and 19 they had been together. They really 20 represented, I think something that was so 21 special and so good about Albany. People who 22 care deeply about the institution, who care 23 about government, who want to be part of it,

24 who want to serve, Billy Passannante did for 25 many, many years and when the history of this

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1 Legislature is written, there has to be a 2 special note in there about Billy Passannante. 3 ACTING PRESIDENT KUHL: Senator 4 Marchi. 5 SENATOR MARCHI: It's certainly 6 with great sadness to think of Billy 7 Passannante not being with us. 8 I knew him back to the year you 9 mentioned and perhaps you might have known, 10 Senator Abate, Joe Holska. Joe Holska was very 11 close to him and many times I participated with 12 Billy and Joe Holska, ways of being of 13 assistance to him. He's a wonderful person. 14 He and Louis DiSalvio, I think held the record 15 of 38 years in the Legislature and -- until I 16 came along, but there's not very much that 17 separate us and the quality of the service that 18 he rendered the people of this city and this 19 state and nationally was brought out so 20 eloquently, his national service. 21 This name was known from the 22 Atlantic to the Pacific. A splendid person, 23 intelligent, brilliant, warm and oh, so

24 accessible to friendship and so -- just could 25 not tolerate the type of intolerance and

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1 nastiness that sometimes, not as often as most 2 people think, characterized public life. 3 He was certainly a wonderful 4 role model and you know that every time there 5 was a dissential census, they would shift the 6 thing around a bit in the hope of getting him, 7 but he was too strong for that and he came 8 through every time and came through well in a 9 perhaps under -- running under the most 10 difficult circumstances that I could see, just 11 shift -- because if you shift a few blocks, you 12 create some problems for the candidate in that 13 area. 14 So I certainly join completely 15 with those who have spoken to this great public 16 servant and -- well, he's in our prayers, and 17 I'm sure that if we can -- if there's some way 18 technically that we can join you, Senator 19 Abate, backwards -- your resolution passed last 20 week, didn't it -- but in any event, we're with 21 you in spirit on your initiative. It was 22 correct and appropriate. 23 ACTING PRESIDENT KUHL: Senator

24 Skelos. 25 SENATOR SKELOS: Thank you, Mr.

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1 President. 2 It's fitting today that we 3 memorialize two unique individuals, earlier 4 Phil Healey and now Bill Passannante. 5 I knew obviously Phil Healey 6 more intimately coming from Nassau County, and 7 I mentioned the way his constituents loved him 8 and that's something that affected me very 9 positively. 10 Bill Passannante -- and it's 11 interesting how people affect your lives. Bill 12 Passannante I first met when I was on staff as 13 a counsel in 1976 in the Assembly and -- on the 14 8th floor and he was around the corner, and 15 what impressed me was he was the Speaker Pro 16 Tempore at the time and the senior man, but he 17 would always take the time to talk to me. He 18 would always take the time to explain the 19 legislative process. 20 You know, after I was a counsel 21 for five years -- and I never thought I would 22 have the opportunity to run for office -- you 23 know, you would go and talk to Billy and he

24 would tell you, "Be patient. You know, your 25 time will come", and he would calm you down and

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1 give you some very sound advice. 2 You know, I probably disagreed 3 politically or philosophically with Bill on so 4 many issues, but he fought for his constituents 5 and he was always sincere in what he was doing 6 but, again, I remember him as a staff person 7 and the way he treated me. 8 He was a unique individual and 9 somebody that this Legislature should always 10 remember. 11 ACTING PRESIDENT KUHL: Senator 12 Volker. 13 SENATOR VOLKER: Mr. President, 14 I too want to rise. I did not realize that 15 Bill's resolution passed last Tuesday, but let 16 me just say something that I have not spoken of 17 before, but -- although Phil Healey was a 18 friend of mine and, of course, a fellow 19 Republican, I knew him very well, I knew Bill 20 Passannante much better, and the reason is that 21 when I came to the Assembly in 1973, I had 22 several people who kind of sort of watched over 23 me, one legislatively, I guess that was sort of

24 a fellow by the name of DiCarlo, Dom DiCarlo, 25 who was my chairman in Codes, and I was sort of

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1 a young firebrand, I guess, and he kind of 2 looked over me legislatively, but the fellow 3 who took care of a lot of other things and kind 4 of watched over me was Bill Passannante and 5 there was a reason for it, and it actually goes 6 back, I don't know how many years, to when my 7 father was in the Assembly with Bill and he 8 told me the story that -- he told me one night, 9 we were talking and he said that, "Your father 10 was sort of like a father to many of us in the 11 Assembly" and he said -- you got to realize 12 that in those days, when Nelson Rockefeller was 13 Governor and Republicans, of course, controlled 14 both houses -- although very few services 15 apparently were available to Democrats, and one 16 of the things that was totally unavailable, 17 apparently, was cars. At the time, I must say, 18 that there were a lot of cars around, I 19 remember that, but they weren't available to 20 Democrats. So Bill told me this story. He 21 said, "Your father" -- who was chairman of 22 Codes at the time, a very approachable man, a 23 very quiet man, he became sort of the fellow

24 who directed some of these cars to some of the 25 younger Assembly people and Bill told me the

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1 story, he said, "He was sort of a like a father 2 figure." He would say, 'Okay. I'll get the 3 car for you but make sure you're in at a 4 reasonable hour'", and he said that he was just 5 such a wonderful man. He said, "I remember 6 that" and he said, "When I saw you come to the 7 Assembly", he said, "I thought, you know, I got 8 to sort of repay the -- repay the favor anyway 9 because I saw you. We became very good friends 10 and remained friends, by the way, long after I 11 left the Assembly and came over here to the 12 Senate, and he come striding into my office 13 every once in a while with some problem that he 14 had, and I must admit to you that I even helped 15 him a few times on some pieces of legislation 16 maybe where I could where it wasn't exactly the 17 kind of thing that I would maybe be a big 18 supporter of, shall we say. 19 In fact, one time he came to me 20 with a mission impossible. As some of you know 21 -- and I haven't talked about this -- he was a 22 big sponsor of the gay rights bill. So one 23 time -- and this must have been probably in the

24 early '80s -- he came in and there was a big 25 uproar over it, and he had said to me, "I got

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1 to talk to you, Dale. I have got to talk to 2 you. I have got a deal for you. I got a deal 3 for you." So he came in one night and he sat 4 in my office and he said, "I have figured out 5 how we could make you a statewide figure and 6 you can be the head of the point on this issue" 7 and I said, "What issue is it, Bill", and he 8 said, "I think you should be the Senate sponsor 9 of the gay rights bill." I said, "Bill, think 10 about it. Do you know where I am from? I'm 11 from Western New York, a little conservative 12 Western New York just outside of Buffalo. That 13 might be a little difficult to sell to my 14 constituents." He said, "You know, you're 15 probably right. I was just thinking that, you 16 know, maybe if we could get an upstater to do 17 it, it would be a good idea", but he said, "You 18 know, you're absolutely right", he says, "You 19 know, Dale", he said, "I've thought about this 20 a lot", and he said, "You're my kind of guy 21 even though I know you can't do this" and he 22 said, "That's why I came to you", and that's a 23 true story and the only reason that I mention

24 it is because Bill Passannante was a tremendous 25 individual and somebody who, although he came

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1 from Greenwich Village, he could communicate 2 with people in any part of the state and in 3 that way, in a way, I think he was typical of 4 the best of the Legislature here because he was 5 the kind of guy, although he believed in things 6 and pushed for things that obviously many of us 7 weren't in support of or many weren't 8 enthusiastic about, that didn't matter because 9 he was a wonderful individual. He was a good 10 legislator and no question he represented 11 Greenwich Village and he represented it very 12 well and yet he knew how to treat people, and 13 he knew how to deal with individuals and he was 14 a lovely, warm man, and I know many of us are 15 going to miss him. 16 ACTING PRESIDENT KUHL: Senator 17 Skelos. 18 SENATOR SKELOS: That resolution 19 was adopted previously. 20 Is there any housekeeping at the 21 desk? 22 ACTING PRESIDENT KUHL: Nothing 23 at the desk yet until you hand up -

24 SENATOR SKELOS: On behalf of 25 Senator Bruno, I hand up the following Majority

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1 Leadership assignments and in consultation with 2 the Minority Leader, the Minority Leadership 3 assignments and ask that they be filed in the 4 Journal. 5 ACTING PRESIDENT KUHL: They are 6 filed. 7 SENATOR SKELOS: Minority 8 Leadership and committee assignments. 9 ACTING PRESIDENT KUHL: Thank 10 you, Senator Skelos. They are received and 11 filed. 12 Senator Skelos. 13 SENATOR SKELOS: There being no 14 further business, I move we adjourn until 15 Tuesday, February 4th, at 3:00 p.m. 16 ACTING PRESIDENT KUHL: Without 17 objection, the Senate stands adjourned until 18 tomorrow, February 4th, 3:00 p.m. 19 (Whereupon, at 4:38 p.m., the 20 Senate adjourned.) 21 22 23

24 25

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