Regular Session - May 17, 1994
3700
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8 ALBANY, NEW YORK
9 May 17, 1994
10 4:46 p.m.
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13 REGULAR SESSION
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17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
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3701
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Staff please take
4 their seats. Ask the members and the visitors
5 in the gallery to rise and join in the Pledge of
6 Allegiance.
7 (The assemblage repeated the
8 Pledge of Allegiance to the Flag.)
9 In the absence of clergy, I'd ask
10 that we all bow our heads in a moment of
11 silence.
12 (A moment of silence was
13 observed. )
14 Reading of the Journal.
15 THE SECRETARY: In Senate,
16 Monday, May 16th. The Senate met pursuant to
17 adjournment, Senator Cook in the Chair upon
18 designation of the Temporary President. The
19 Journal of Sunday, May 15th, was read and
20 approved. On motion, Senate adjourned.
21 ACTING PRESIDENT KUHL: Without
22 objection, the Journal stands as read.
23 Presentation of petitions.
3702
1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Secretary will read.
5 THE SECRETARY: Senator Stafford
6 from the Committee on Finance, reports the
7 following nominations:
8 Member of the Board of Directors
9 of the Roosevelt Island Operating Corporation:
10 David M. Kraut, of New York City; Joseph Mendez,
11 of New York City, and Willard L. Warren, of
12 Roosevelt Island;
13 Member of the Thousand Islands
14 State Park Recreation and Historic Preservation
15 Commission: Gary L. Bouchard, of Ogdensburg;
16 Member of the Board of Directors
17 of the New York State Science and Technology
18 Foundation: Walter Robb, of Schenectady;
19 Member of the Board of Visitors
20 of the Creedmoor Psychiatric Center: Alfred
21 Koral, of Jamaica;
22 Member of the Board of Visitors
23 of the Elmira Psychiatric Center: Judith
3703
1 Phillips, of Watkins Glen;
2 Member of the Board of Visitors
3 of the Hudson River Psychiatric Center: Patria
4 Mestey-Perez, of Marlboro;
5 Member of the Board of Visitors
6 of the Manhattan Psychiatric Center: Wilhelmina
7 Roberts Wynn, of New York City;
8 Member of the Board of Visitors
9 of the Mohawk Valley Psychiatric Center: Paul
10 D. O'Brien, of Rome;
11 Member of the Board of Visitors
12 of the South Beach Psychiatric Center: Barbara
13 Irolla Panepinto, Esq., of Staten Island;
14 Member of the Board of Visitors
15 of the J. N. Adam Developmental Center: Anne
16 Ray, of South Dayton;
17 Member of the Board of Visitors
18 of the Bernard M. Fineson Developmental Center:
19 Charles Naroff, of Flushing;
20 Member of the Board of Visitors
21 of the Staten Island Developmental Disabilities
22 Services Office: Matteo L. Lumetta, of Staten
23 Island.
3704
1 ACTING PRESIDENT KUHL: Question
2 is on the confirmation of the nominees. All
3 those in favor, signify by saying aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (There was no response. )
7 The nominees are confirmed.
8 Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions. Senator
12 DiCarlo.
13 SENATOR DiCARLO: Yes. Mr.
14 President, we're voting today on two resolutions
15 that I think are very important to this house.
16 One is on Armed Forces Day, and the other one is
17 on the 50th Anniversary of the Invasion of
18 Normandy.
19 I'd like -- I'd waive the reading
20 at the present time for the D-day resolution.
21 I'm told it will be read in its entirety on June
22 6th, but I'd like to open up both resolutions
23 for the members in the Senate. They are L.
3705
1 3650 for Armed Forces Day and L. 3649 for
2 D-day.
3 ACTING PRESIDENT KUHL: Senator
4 DiCarlo. You have a motion?
5 SENATOR DiCARLO: Mr. President,
6 I wish to call up Calendar Number 349, Assembly
7 Bill Number 8794-B, for Senator Velella.
8 ACTING PRESIDENT KUHL: Clerk
9 will read.
10 THE SECRETARY: By Senator
11 Velella, Senate Bill 5615-D, an act to amend the
12 Insurance Law.
13 SENATOR DiCARLO: I now move that
14 Assembly Bill 8794-B be recommitted to the
15 Committee on Rules and the original bill be
16 substituted on the calendar, and I offer the
17 following amendments.
18 ACTING PRESIDENT KUHL:
19 Substitution is reconsidered. The Senate bill
20 is recommitted, and the Assembly bill is
21 restored -- I'll get that right. We'll get this
22 right. The Assembly bill is recommitted and the
23 Senate bill is restored with amendments.
3706
1 Senator Holland.
2 SENATOR HOLLAND: I'd like to be
3 on those two resolutions, if I'm not.
4 ACTING PRESIDENT KUHL: Is there
5 a privileged resolution at the desk?
6 SENATOR HOLLAND: No, no, his two
7 resolutions, I'd like to be on those two.
8 Mr. President, amendments are
9 offered to the following Third Reading Calendar
10 bills:
11 By Senator Volker, page 16,
12 Calendar 475, Senate Print Number 6416;
13 By Senator Libous, page 32,
14 Calendar 849, Senate Print Number 6930-A;
15 By Senator Cook, page 39,
16 Calendar 925, Senate Print 5169-A;
17 By Senator Seward, page 42,
18 Calendar 950, Senate Print Number 7434;
19 By Senator Skelos, page 51,
20 Calendar 1014, Senate Print Number 6401-B;
21 And by Senator Velella, page 51,
22 Calendar 1018, Senate Print Number 7595.
23 ACTING PRESIDENT KUHL: So
3707
1 ordered on all bills.
2 Senator Cook.
3 SENATOR COOK: Mr. President, I
4 got a bunch of sponsor's stars we'd like to put
5 on: Senator Velella, Calendar 872; Senator
6 Bruno, Calendar 931; Senator Levy, 1006, 1010,
7 1028 and if you need a star to put on one of
8 those, you can take mine off from 416.
9 ACTING PRESIDENT KUHL: Sponsors'
10 stars ordered on all four bills, and one is
11 removed on Senator Cook's bill.
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: I'd like to
14 take one of those stars to use on my bill
15 Calendar Number 1007.
16 ACTING PRESIDENT KUHL: Sponsor's
17 star is placed on your bill, Senator
18 DeFrancisco.
19 Senator Nozzolio.
20 SENATOR NOZZOLIO: Mr. President,
21 I'd like to place a star on my bill, Calendar
22 Number 980, Bill Number -
23 ACTING PRESIDENT KUHL: Sponsor's
3708
1 star on Calendar Number 980.
2 SENATOR NOZZOLIO: And, Mr.
3 President, I have a privileged resolution at the
4 desk. Ask its consent to be read.
5 ACTING PRESIDENT KUHL: You're
6 asking that the title be read, Senator Nozzolio?
7 SENATOR NOZZOLIO: Yes, Mr.
8 President.
9 ACTING PRESIDENT KUHL: Clerk
10 will read the title of the sponsor's resolution.
11 THE SECRETARY: Legislative
12 Resolution, by Senator Nozzolio, honoring the
13 Auburn Association of Life Underwriters upon the
14 occasion of the organization's 50th anniversary.
15 ACTING PRESIDENT KUHL: Question
16 is on the resolution. All those in favor,
17 signify by saying aye.
18 (Response of "Aye.")
19 Opposed nay.
20 (There was no response. )
21 The resolution is adopted.
22 Senator Present, we have a
23 substitution at the desk.
3709
1 SENATOR PRESENT: Do the
2 substitution, please.
3 THE SECRETARY: On page 9 of
4 today's calendar, Senator DeFrancisco moves to
5 discharge the Committee on Rules from Assembly
6 Bill Number 6116-A and substitute it for the
7 identical Calendar Number 1071.
8 ACTING PRESIDENT KUHL:
9 Substitution is ordered.
10 Senator Present.
11 SENATOR PRESENT: Mr. President,
12 I move that we adopt the Resolution Calendar
13 with the exception of Resolution 3542.
14 ACTING PRESIDENT KUHL: Question
15 is on the resolution calendar.
16 Senator Galiber.
17 SENATOR GALIBER: Yes, just a
18 slight interruption. In regard to Calendar
19 3623, that's the resolution, I'd like to just
20 open that up for whoever the sponsor -- whoever
21 would be willing to go on it as a sponsor.
22 That's a Galiber-Goodman, but it has to do, very
23 briefly, with the young lady who works in the
3710
1 district attorney's office who helped -
2 ACTING PRESIDENT KUHL: It's
3 Resolution 3623?
4 SENATOR GALIBER: That's correct,
5 yeah.
6 THE SECRETARY: Galiber-Goodman.
7 SENATOR GALIBER: Yes.
8 ACTING PRESIDENT KUHL:
9 Sponsorship on Resolution Number 3623 is open to
10 the members who would indicate to the clerk that
11 they would like to be co-sponsors.
12 Question is on the Resolution
13 Calendar. All those in favor, signify by saying
14 aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response. )
18 The Resolution Calendar is
19 adopted with the exceptions as noted.
20 Senator Present.
21 SENATOR PRESENT: Would you
22 recognize Senator Galiber, please.
23 ACTING PRESIDENT KUHL: The Chair
3711
1 recognizes Senator Galiber.
2 SENATOR PRESENT: Mr. President.
3 ACTING PRESIDENT KUHL: Senator
4 Galiber waives at the present time.
5 Senator Present.
6 SENATOR PRESENT: Mr. President,
7 could we take up the non-controversial calendar.
8 ACTING PRESIDENT KUHL: Clerk
9 will read the non-controversial calendar.
10 SENATOR DiCARLO: Mr. President.
11 Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 DiCarlo.
14 SENATOR DiCARLO: Mr. President,
15 on behalf of Senator Libous, he'd like to star
16 Bill Numbers 847, 901, 932 and 987.
17 ACTING PRESIDENT KUHL: Sponsor's
18 stars placed on Calendar Numbers 901, 902 -
19 SENATOR DiCARLO: 901, 847, 932
20 and 987.
21 ACTING PRESIDENT KUHL: Sponsor's
22 stars are placed.
23 The Clerk will read the
3712
1 non-controversial calendar.
2 THE SECRETARY: On page 11 of
3 today's calendar, Calendar Number 304, by
4 Senator Goodman, Senate Bill Number 1622-C, an
5 act to amend the Social Services Law.
6 ACTING PRESIDENT KUHL: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 34.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 317, by Senator Skelos, Senate Bill Number
18 1985-C, an act to amend the Executive Law.
19 ACTING PRESIDENT KUHL: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
3713
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 36.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 583, by Senator Stafford, Senate Bill Number
8 439-B, an act to amend the Retirement and Social
9 Security Law.
10 ACTING PRESIDENT KUHL: Last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 37.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 712, by Senator Goodman, Senate Bill Number
22 7242, an act to amend the Executive Law.
23 ACTING PRESIDENT KUHL: Last
3714
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 38.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 746, by Senator Hannon.
12 SENATOR PRESENT: Lay it aside
13 for the day, please.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside for the day.
16 THE SECRETARY: Calendar Number
17 759, by Senator Holland, Senate Bill Number
18 3535, an act to relocate the Spring Valley Toll
19 Plaza of the New York State Thruway.
20 ACTING PRESIDENT KUHL: Read the
21 last section.
22 THE SECRETARY: Section 2 -
23 SENATOR LEICHTER: Lay aside.
3715
1 ACTING PRESIDENT KUHL: Lay the
2 bill aside at the request of Senator Leichter.
3 THE SECRETARY: Calendar Number
4 818, by Senator Skelos, Senate Bill Number
5 6344-A, an act to amend the General Municipal
6 Law, in relation to authorizing an "early bird"
7 bingo game.
8 SENATOR PRESENT: Lay aside for
9 the day, please.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside for the day.
12 THE SECRETARY: Calendar Number
13 851, by Senator Libous, Senate Bill Number 7036
14 A, an act to amend the Mental Hygiene Law.
15 ACTING PRESIDENT KUHL: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 38.
23 ACTING PRESIDENT KUHL: The
3716
1 bill's passed.
2 THE SECRETARY: Calendar Number
3 904, by member of the Assembly Cahill, Assembly
4 Bill number 10090, an act to amend the Public
5 Health Law and the Vehicle and Traffic Law.
6 ACTING PRESIDENT KUHL: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 38.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 906, by Senator Tully, Senate Bill Number 7740,
18 an act to amend Chapter 483 of the Laws of 1978,
19 amending the Public Health Law.
20 ACTING PRESIDENT KUHL: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
3717
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 38.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 908, by Senator Levy, Senate Bill Number 1405,
9 an act to amend the Vehicle and Traffic Law.
10 SENATOR GOLD: Senator Levy, can
11 we have one day on this bill?
12 SENATOR LEVY: Absolutely.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside for the day.
15 THE SECRETARY: Calendar Number
16 909, by Senator Volker, Senate Bill Number 1778,
17 an act to amend the Parks, Recreation and
18 Historic Preservation Law.
19 ACTING PRESIDENT KUHL: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
3718
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 38.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 910, by Senator Levy, Senate Bill Number 5551,
8 an act to amend the Vehicle and Traffic Law, in
9 relation to making it a felony to operate a
10 school bus while under the influence of
11 alcohol.
12 ACTING PRESIDENT KUHL: Read the
13 last section.
14 THE SECRETARY: Section 2. 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 for... ayes
20 39.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
3719
1 914, by Senator Levy, Senate Bill Number 7931,
2 an act to amend the Vehicle and Traffic Law, in
3 relation to the suspension and restoration of a
4 driver's license.
5 ACTING PRESIDENT KUHL: Last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 SENATOR GOLD: Lay it aside,
10 please.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 915, by Senator Wright, Senate Bill Number 7939,
15 an act to amend the Education Law and the Mental
16 Hygiene Law.
17 ACTING PRESIDENT KUHL: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
3720
1 THE SECRETARY: Ayes 39.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 916, by Senator Wright, Senate Bill Number 7947,
6 an act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT KUHL: Last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 42.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 918, by Senator Wright, Senate Bill Number 8373,
19 an act to amend Chapter 812 of the Laws of
20 1987.
21 ACTING PRESIDENT KUHL: Last
22 section.
23 THE SECRETARY: Section 2. This
3721
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 43.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 919, by Senator Skelos, Senate Bill Number 7372,
10 an act to amend the Executive Law.
11 ACTING PRESIDENT KUHL: Last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 43.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 920, by Senator Skelos, Senate Bill Number 7908,
23 an act to amend the Executive Law.
3722
1 ACTING PRESIDENT KUHL: Last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 44.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 922, by Senator Cook, Senate Bill Number 3034-A,
13 an act to amend the Executive Law, in relation
14 to state aid to rural areas.
15 ACTING PRESIDENT KUHL: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 SENATOR GOLD: Lay it aside,
22 please.
23 ACTING PRESIDENT KUHL: Lay the
3723
1 bill aside, please.
2 THE SECRETARY: Calendar Number
3 927, by Senator Skelos, Senate Bill Number
4 6538-C, Executive Law, in relation to reporting
5 duties with respect to missing children.
6 ACTING PRESIDENT KUHL: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 43, nays
14 one, Senator Kuhl recorded in the negative.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 928, by member of the Assembly Straniere,
19 Assembly Bill Number 9288, an act to amend
20 Chapter 759 of the Laws of 1973.
21 ACTING PRESIDENT KUHL: Read the
22 last section.
23 THE SECRETARY: Section 2. This
3724
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 46.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 934, by Senator Stafford, Senate Bill Number
10 7066, an act to amend the State Finance Law.
11 ACTING PRESIDENT KUHL: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 45, nays
19 one, Senator Kuhl recorded in the -- Senator
20 Kuhl recorded in the negative.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Also Senator
3725
1 Saland recorded in the negative on Calendar
2 Number 934.
3 Calendar Number 936, by Senator
4 Stafford, Senate Bill Number 7167, an act to
5 amend the State Finance Law.
6 ACTING PRESIDENT KUHL: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 45, nays
14 one, Senator Kuhl recorded in the negative.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 937, by member of the Assembly Colman, Assembly
19 Bill Number 10022, an act to amend Chapter 741
20 of the Laws of 1985.
21 ACTING PRESIDENT KUHL: Read the
22 last section.
23 THE SECRETARY: Section 2. This
3726
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 46.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 938, by Senator Stafford, Senate Bill Number
10 7328, an act to amend the Executive Law, in
11 relation to disclosure required at the time of
12 solicitation.
13 ACTING PRESIDENT KUHL: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 47.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
3727
1 939, by member of the Assembly Dinowitz,
2 Assembly Bill Number 10487, New York State
3 Printing and Public Documents Law.
4 ACTING PRESIDENT KUHL: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 47.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 940, by Senator Daly, Senate Bill Number 1095,
16 an act to amend the Environmental Conservation
17 Law.
18 ACTING PRESIDENT KUHL: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
3728
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 46, nays
3 one, Senator Leichter recorded in the negative.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 944, by Senator Daly.
8 SENATOR DALY: Lay aside for the
9 day.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside for the day.
12 THE SECRETARY: Calendar Number
13 960, by the Assembly Committee on Rules,
14 Assembly Bill Number 8483, an act to amend the
15 General Obligations Law.
16 ACTING PRESIDENT KUHL: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 47.
3729
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 961, by Senator DiCarlo, Senate Bill Number
5 7577, proposing an amendment to the
6 Constitution.
7 ACTING PRESIDENT KUHL: Read the
8 last section. Oops! Excuse me. No last
9 section. Call the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 47.
12 ACTING PRESIDENT KUHL: The
13 resolution is adopted.
14 THE SECRETARY: Calendar Number
15 964, by Senator Goodman, Senate Bill Number
16 1257-A, an act to amend the Alcoholic Beverage
17 Control Law.
18 ACTING PRESIDENT KUHL: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
3730
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 48.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 966, by Senator Skelos, Senate Bill Number 208
7 A, an act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT KUHL: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 48.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 968, by Senator Wright, Senate Bill Number 7301,
20 an act to amend the Tax Law, in relation to
21 refunds for over-payment of highway use tax.
22 ACTING PRESIDENT KUHL: Read the
23 last section.
3731
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 48.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 979, by Senator Levy, Senate Bill Number 787-B,
11 an act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT KUHL: Read the
13 last section.
14 THE SECRETARY: Section 2. 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 48.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 985, by Senator DiCarlo, Senate Bill Number
3732
1 7767, Vehicle and Traffic Law, in relation to
2 special distinctive license plates for New York
3 veterans.
4 ACTING PRESIDENT KUHL: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 49.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 988, by Senator Wright, Senate Bill Number 7417,
16 Education Law, in relation to apportionment of
17 aid to certain reorganizing school districts.
18 ACTING PRESIDENT KUHL: Read the
19 last section.
20 SENATOR WRIGHT: Lay that aside
21 for the day, please.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside for the day.
3733
1 THE SECRETARY: Calendar Number
2 991, by Senator Maltese, Senate Bill Number
3 3265-A, an act to amend the Social Services
4 Law.
5 ACTING PRESIDENT KUHL: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 49.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: I'm sorry. In
16 relation to Calendar Number 941, ayes 48, nays
17 one, Senator Galiber recorded in the negative.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1001, by Senator Levy, Senate Bill Number 785,
22 an act to amend the Vehicle and Traffic Law,
23 making technical corrections.
3734
1 ACTING PRESIDENT KUHL: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 50.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1002, by Senator Cook, Senate Bill Number 2551,
13 an act to amend the Highway Law, in relation to
14 the definition of the Southern Tier Expressway.
15 ACTING PRESIDENT KUHL: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 50.
23 ACTING PRESIDENT KUHL: The bill
3735
1 is passed.
2 THE SECRETARY: Calendar Number
3 1005, by Senator Lack, Senate Bill Number
4 4044-A, an act to amend the Public Authorities
5 Law.
6 ACTING PRESIDENT KUHL: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect -
10 SENATOR GOLD: Lay it aside.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 1008, by Senator Oppenheimer, Senate Bill Number
15 5112, an act to amend the Vehicle and Traffic
16 Law.
17 ACTING PRESIDENT KUHL: There's a
18 home rule message at the desk. Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
3736
1 (The Secretary called the roll. )
2 SENATOR DOLLINGER: Can I explain
3 my vote?
4 ACTING PRESIDENT KUHL: Sure.
5 Call the roll.
6 (The Secretary called the roll. )
7 ACTING PRESIDENT KUHL: Senator
8 Dollinger to explain his vote.
9 SENATOR DOLLINGER: Mr.
10 President, I just rise -- I understand what is
11 my colleague, Senator Oppenheimer's intent
12 behind this bill. I support this.
13 The people in Corn Hill and
14 downtown city of Rochester have been waiting for
15 a residential permit parking, I think, for about
16 a decade. Jack Perry carried the bill before I
17 did. It hasn't been acted on. If we're going
18 to do this, I think we ought to do it fair and
19 square across the state.
20 So I'm voting no until such time
21 as the people in Rochester get the same treat
22 ment as the people in Rye and other places
23 across this state.
3737
1 ACTING PRESIDENT KUHL: Announce
2 the results. Senator Dollinger in the negative.
3 THE SECRETARY: Ayes 49, nays
4 one, Senator Dollinger recorded in the
5 negative.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1012, by Senator Maltese, Senate Bill Number
10 5924, an act to amend the Vehicle and Traffic
11 Law.
12 ACTING PRESIDENT KUHL: Read the
13 last section.
14 THE SECRETARY: Section 2. 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 50.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1013, by Senator DeFrancisco, Senate Bill Number
3738
1 6393-A, an act to amend the Vehicle and Traffic
2 Law, in relation to license plates of rental
3 vehicles.
4 ACTING PRESIDENT KUHL: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 50.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1019, by Senator Levy, Senate Bill Number 7903,
16 an act to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT KUHL: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
3739
1 THE SECRETARY: Ayes 49, nays
2 one, Senator Cook recorded in the negative.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1022, by Senator Levy, Senate Bill Number 7946,
7 an act to amend the Vehicle and Traffic Law, in
8 relation to proof of repair of defective
9 equipment.
10 ACTING PRESIDENT KUHL: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 50.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1023, by Senator Levy, Senate Bill Number 7991,
22 an act to amend the Vehicle and Traffic Law.
23 ACTING PRESIDENT KUHL: Read the
3740
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 50.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 SENATOR PRESENT: Did we call the
11 vote on this one yet?
12 ACTING PRESIDENT KUHL: Yes.
13 SENATOR PRESENT: Reconsider the
14 vote.
15 ACTING PRESIDENT KUHL: On the
16 motion for reconsideration of the vote by which
17 this bill was passed, the clerk will call the
18 roll.
19 (The Secretary called the roll on
20 reconsideration. )
21 THE SECRETARY: Ayes 50.
22 SENATOR PRESENT: Lay it aside
23 for the day, please.
3741
1 ACTING PRESIDENT KUHL: Bill is
2 laid aside for the day.
3 SENATOR LEVY: Mr. President can
4 we star 1023.
5 ACTING PRESIDENT KUHL: Senator
6 Levy, we'll place a sponsor's star on Calendar
7 Number 1023.
8 SENATOR PATAKI: Mr. President.
9 ACTING PRESIDENT KUHL: Senator
10 Pataki.
11 SENATOR PATAKI: I'd request
12 unanimous consent to be recorded in the negative
13 on Calendar Number 934.
14 ACTING PRESIDENT KUHL: Without
15 objection, Senator Pataki will be recorded in
16 the negative on Calendar Number 934.
17 THE SECRETARY: Calendar Number
18 1025, by member of the Assembly A. Greene,
19 Assembly Bill Number 9241, Vehicle and Traffic
20 Law, in relation to requiring bicycle helmets.
21 ACTING PRESIDENT KUHL: Clerk
22 will read the last section.
23 THE SECRETARY: Section 2. This
3742
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 47, nays 3,
6 Senators Cook, Johnson and Rath recorded in the
7 negative.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1026, by Senator Levy, Senate Bill Number 8183,
12 an act to amend the Vehicle and Traffic Law, in
13 relation to preferential use lanes.
14 ACTING PRESIDENT KUHL: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 52.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
3743
1 THE SECRETARY: Calendar Number
2 1027, by Senator Levy, Senate Bill Number 8228,
3 Vehicle and Traffic Law, and the General
4 Business Law, in relation to bicycle helmets.
5 ACTING PRESIDENT KUHL: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 52.
13 ACTING PRESIDENT KUHL: The
14 bill's passed.
15 THE SECRETARY: Calendar Number
16 1029, by Senator Levy, Senate Bill Number 8301,
17 an act to amend the Vehicle and Traffic Law, in
18 relation to requirement to mandate full resident
19 address.
20 ACTING PRESIDENT KUHL: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
3744
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 52.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1030, by Senator Levy, Senate Bill Number 8302,
9 an act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT KUHL: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Those recorded in
18 the negative on Calendar Number 1030 are
19 Senators DeFrancisco, DiCarlo, Kuhl, Rath and
20 Spano, also Senator Larkin, also Senator Daly,
21 also Senator Sears -- wait a minute.
22 Those recorded in the negative on
23 calendar -- those recorded in the negative on
3745
1 Calendar Number 1030 are Senators Cook, Daly,
2 DeFrancisco, DiCarlo, Kuhl, Larkin, Libous,
3 Maltese, Present, Rath, Sears, Seward, Spano,
4 Stafford and Wright. Ayes -- also Senator
5 Saland. Ayes 36, nays 16.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 Senator Present, that completes
9 the non-controversial calendar.
10 SENATOR PRESENT: Mr. President,
11 can we return to motions and resolutions and
12 would you recognize Senator Galiber, please.
13 SENATOR GALIBER: Yes, thank you,
14 Mr. President.
15 ACTING PRESIDENT KUHL: Senator
16 Galiber.
17 SENATOR GALIBER: And thank you
18 for the consideration. Resolution 3542 was the
19 one which was set aside for -- for my benefit
20 and, Mr. President, would you have that
21 resolution, if it's in order, to be read in its
22 entirety.
23 ACTING PRESIDENT KUHL: Clerk
3746
1 will read the resolution.
2 THE SECRETARY: Legislative
3 Resolution, by Senator Galiber, commemorating
4 the 40th Anniversary of the Landmark Decision in
5 Brown versus the Board of Education, Topeka,
6 Kansas, upon the occasion of a Discussion with
7 the renowned Brown Family at the New York State
8 Museum in Albany, New York, on May 20th, 1994.
9 WHEREAS, it is the sense of this
10 legislative body that those who give positive
11 definition to the profile and disposition of
12 their communities do so profoundly strengthen
13 our shared commitment to the exercise of
14 freedom;
15 Attendant to such concern and
16 fully in accord with its long-standing
17 traditions, it is the intent of this legislative
18 body to commemorate this 40th anniversary of the
19 landmark decision of Brown versus the Board of
20 Education, Topeka, Kansas and commend the
21 courage and integrity of the brave men and women
22 who fought at great personal and professional
23 risk the doctrine of "separate but equal";
3747
1 To commemorate this landmark
2 decision, the New York African-American Research
3 Foundation of the University of the state of New
4 York is presenting a symposium and lecture,
5 including a discussion with the renowned Brown
6 family, entitled "A Matter of Access and
7 Equity," at the New York State Museum Cultural
8 Education Center in Albany, New York on May 20,
9 1994;
10 Having grown up in a country
11 which did not socially acknowledge its inherent
12 equality and having seen the effects of the
13 prejudice upon the community, Charles Houston
14 dedicated his life to a cause which inspired the
15 founders of this country, that of equality and
16 freedom;
17 Armed with this vision and an
18 intimate knowledge of the law, Charles Houston
19 took the position of vice dean of Howard Law
20 School in 1929, where he was able to train an
21 impressive legal team similarly devoted to the
22 cause of equality;
23 Although Houston was unable to
3748
1 see the fruits of his labors in his lifetime,
2 the strategy which he developed was carried
3 through by his students, most notably Thurgood
4 Marshall; his leadership melded together an
5 impressive legal team which simultaneously tried
6 numerous segregation cases, each carefully
7 constructed to prove that the presence of
8 segregated schools grossly denied the
9 constitutional claim to equal rights for all
10 citizens;
11 In 1954, the goals of this team
12 were finally realized in the decision of Brown
13 versus the Board of Education, Topeka, Kansas;
14 in a unanimous decision, the Supreme Court over
15 turned the legal basis for segregation and said,
16 in the words of Chief Justice Earl Warren, "We
17 conclude that, in the field of public education,
18 the doctrine of 'separate but equal' has no
19 place. Separate educational facilities are
20 inherently unequal. Therefore, we hold that the
21 plaintiffs and others similarly situated for
22 whom the actions have been brought are, by
23 reason of the segregation complained of,
3749
1 deprived of the equal protection of the laws
2 guaranteed by the Fourteenth Amendment...";
3 The victory of those who fought
4 this battle against injustice acted as a cata
5 lyst to highlight the issues of civil rights
6 within the national consciousness, reinvigorat
7 ing our nation's ongoing struggle to achieve
8 equality and freedom;
9 NOW, THEREFORE, BE IT RESOLVED
10 that this legislative body pause in its
11 deliberations to commend the brave men and women
12 who so ardently fought for the cause of justice
13 and commemorate the anniversary of the ruling of
14 Brown versus the Board of Education, Topeka,
15 Kansas, and
16 BE IT FURTHER RESOLVED that
17 copies of this resolution, suitably engrossed,
18 be transmitted to the New York African-American
19 Research Foundation, State University of New
20 York, and the Brown family.
21 ACTING PRESIDENT KUHL: Senator
22 Galiber on the resolution.
23 SENATOR GALIBER: Thank you, Mr.
3750
1 President.
2 Last week some of us recall the
3 historical event that happened in South Africa
4 and, at that time, Mr. President, I had thought
5 seriously about joining those resolutions
6 because there is a comparison to be made and, in
7 a sense, something which happened some time ago
8 in our country emphasized the fact that
9 apartheid was here first in this country of ours
10 and those of us recalled that in 19 -- 1857, the
11 Dred Scott decision. We must go back in history
12 a bit to fully appreciate what this Board of
13 Education -- Brown versus the Board of Education
14 is really all about.
15 In 1857, Judge Tenney, Chief
16 Judge, talked about citizenship and, up until
17 that particular time, this horrible decision
18 which said to us that there were some in our
19 communities and in our country who do not -- are
20 not recognized as citizens of this great nation;
21 and all of us can recall the Preamble: We, the
22 people of the United States, in order to form a
23 more perfect Union, establish justice and ensure
3751
1 domestic tranquility, provide for the common
2 defense, promote the general welfare and secure
3 the blessings of liberty for ourselves and our
4 prosperity, do ordain and establish this
5 Constitution for the United States of America.
6 Preamble of a great, great instrument.
7 Built into that instrument,
8 however, was some question as to whether we were
9 dealing with all citizens, and those of us who
10 recall our history, not to take you through a
11 course in constitutional law -- certainly not
12 qualified to do so -- recognize that there was a
13 segment of our community which was not included,
14 and that we talked about three-quarters of a
15 person, of a citizen; yet there was some hope
16 until this decision because it wasn't clear, we
17 weren't sure that three-quarters of a person or
18 a citizen for tax purposes really was in the old
19 days a set aside which we argue about, whether
20 it was a form of affirmative action, but we set
21 aside a particular group of people. That's a
22 set aside and it happened way back then.
23 But Judge Tenney said in his
3752
1 decision, "citizens" and he used two criteria
2 and in his criteria, he said Americans, persons
3 who were born here, they're O.K., and those
4 persons who came along thereafter who migrated
5 were O.K., but he made it crystal clear that
6 citizens of color were not included, and we had
7 that decision to live with for a long, long
8 while, and we were talking about the foundation
9 for institutional racism which has been a mark
10 upon this great nation of ours for so many
11 years.
12 Then came along some years later
13 the Fourteenth Amendment, and we started talking
14 about three categories of citizen. There was
15 some question there, and we finally came to the
16 conclusion that there was still some hope, but
17 by then the damage was done.
18 "Apartheid" means simply a
19 separation and, if you look to the definition,
20 it's a racial segregation, specifically a policy
21 of segregation and political and economic
22 discrimination against non-European groups in
23 the Republic of South Africa. And interestingly
3753
1 enough, that was coined in 1947 and the decision
2 I make reference to, the Dred Scott decision,
3 was 1857. So we started it, ladies and
4 gentlemen, this horrible notion of apartheid.
5 So today as we celebrate, if you
6 will, that on May 17th, 1954, Mr. President,
7 exactly four decades ago, the Supreme Court
8 handed down its decision in Brown versus the
9 Board of Education, and they were telling states
10 and localities they could no longer maintain
11 school systems that separated pupils by race,
12 and the court's reasoning, simply stated, was
13 that schools set aside for African-Americans
14 would always be inferior, and this did not
15 result from deficiency in terms of facilities,
16 although that was un... was usually the case.
17 Even if separate schools for
18 African-Americans were well financed showcases,
19 that would not have solved the problem. The
20 crucial fact, as the court saw it, was that
21 segregation based on race sent the message to
22 black children that whites did not want them in
23 their schools and that exclusion, the justices
3754
1 concluded, generates a feeling of inferiority as
2 to their status in the community that may affect
3 their hearts and minds in a way unlikely ever to
4 be undone.
5 The Supreme Court decision in
6 Brown versus the Board of Education was an
7 acknowledgement of conditions which had plagued
8 the nation's African-American population since
9 the Civil War and before. It was a hard-won
10 victory, one in which those fighting the battle
11 stood to lose all, from the lawyers arguing
12 against the societal ills to the children around
13 whose situations the case was argued, to the
14 communities which would need to find a means to
15 survive after the fighting in the European
16 American community which they had to interact
17 with on a daily basis.
18 Despite the odds, the persons of
19 courage took up the battle which, fueled by the
20 energy of those at the grass roots, the people
21 who daily faced the evils of discrimination,
22 channeling through their leadership of the NAACP
23 and the Legal Defense, they asked to show that
3755
1 separate schools would never be equal and those
2 fighting this battle had to prove legally what
3 was already known socially, that the
4 consequences of segregation, the psychological,
5 the intellectual and the financial damage
6 precluded equality.
7 The Legal Defense Fund lawyers
8 called on the NAACP officers to gather cases
9 from around this great nation to use as
10 ammunition for the constitutional cannon they
11 were about to fire. They wanted cases from
12 different states and different situations, a
13 broad attack, to make it harder for the court to
14 hand down a decision limited to a particular
15 case.
16 With 2.2 million African-American
17 students in the nation, all African-American
18 elementary schools, certainly the search did not
19 take long. The inequalities which occurred as a
20 result of separation, which apparently even the
21 most casual observers could take notice of in
22 some school districts in the country, the
23 disparities between the amount of money spent on
3756
1 European-American children was over four times
2 greater than that spent on African-American
3 children, overcrowding of our children in
4 African-American schools, left these children
5 with a pupil ratio of 40 to 1 compared to 20 to
6 1 for the European-American schools.
7 In addition, facilities were
8 rarely comparable. Simple things such as
9 gymnasiums and libraries were often in
10 accessible to the African-American children. To
11 argue that equality was theoretically possible
12 was to ignore the significance of a fact of
13 racism, that even were it financially possible
14 to provide separate and truly equal educational
15 opportunities, money for this cost would be
16 grudgingly, if at all, given by the dominant
17 European-American society.
18 The costs of racism, however,
19 were far more invidious than simple monetary
20 inequality. Psychologically the effects of
21 segregation took an enormous toll on the
22 children who lived within its boundaries. The
23 signal sent by a society which forbid the
3757
1 mingling of races was heard and interpreted by
2 African-American children in the only way it
3 could be, that they must be bad, less worthy or
4 not nice, and a series of sociological
5 experiments by Kenneth Clark on the self-image
6 of African-American children as related to their
7 race confirmed this fact.
8 Self-image naturally correlates
9 to the limits which a child sets for himself or
10 herself, so that by telling the child that he or
11 she was inferior, society also told the child
12 that she was incapable or he was incapable of
13 knowing certain things, incapable of learning
14 certain things, and after being told this many
15 times, the child becomes less likely to learn
16 and, with these and other arguments in mind, the
17 NAACP built its strategy and within the many
18 cases that the NAACP and the Legal Defense Fund
19 tried in an attempt to chip away, if you will,
20 at the legal basis of "separate but equal" was a
21 case concerning a 7-year-old girl named Linda
22 Brown.
23 Linda Brown lived in the town
3758
1 called Topeka, Kansas and had to cross railroad
2 tracks in a nearby switching yard and, in the
3 switching yard each day she took that trip to
4 get to school and this rickety bus would take
5 her to an African-American school.
6 Now, this wasn't the worst that
7 African-American children had to endure, but her
8 father was fed up with his child having to go to
9 school -- go to school across the tracks when
10 there was a school much closer to home, a
11 European-American school. The argument argues,
12 if you will, around Linda Brown was clear that
13 separate could never be equal regardless of
14 equality and resources or facilities.
15 Finally, the court did concur
16 and, with the arguments presented by the
17 plaintiffs and as the Chief Justice Earl Warren
18 noted in the court's decision, "To separate
19 African-American children from others of similar
20 age and qualification solely because of their
21 race generates a feeling of inferiority as to
22 their status in the community that may affect
23 their hearts and minds in a way very unlikely to
3759
1 be undone, and we conclude unanimously that in
2 the field of public education, the doctrine of
3 "separate but equal" has no place. Separate
4 educational facilities are inherently unequal."
5 In reaching this decision, the
6 court knew, and those fighting for the cases
7 knew that it would have a far-reaching impact on
8 American society. The rebuttal of the doctrine
9 of "separate but equal" in the schools led the
10 way for the demise of legal segregation in the
11 nation as a whole.
12 Similarly de facto segregation
13 was recognized, and the initial steps taken
14 against it. In all, this case served as a
15 catalyst by which issues of civil rights were
16 highlighted within the nation's consciousness,
17 reinvigorating our nation's ongoing struggle to
18 achieve equality and freedom.
19 So my colleagues, as we pause
20 today, we need to reflect, to reflect on the
21 sacrifices made by the individuals who made
22 these valuable contributions to the cause of
23 equality and freedom in the United States.
3760
1 In commemorating their victory,
2 we must remember that there is still much work
3 to be done to continue the struggle for which
4 they sacrificed so much and, even today, true
5 equality between races eludes us. Even today,
6 children are separated, if not by law, then
7 socially, economically and historically. We
8 must now focus our efforts toward achieving
9 balance in these areas so that all individuals
10 in society may contribute to the greatness
11 which, if presently unrealized, can be achieved
12 for this state and nation.
13 In this way we can remain true to
14 the legacy of the brave men and women who have
15 gone before us together.
16 Mr. President, I thank you and I
17 suggest that the resolution be open for all
18 those who are desirous of sharing this very
19 important day in this great history of the
20 country.
21 Thank you.
22 ACTING PRESIDENT KUHL: The Chair
23 recognizes Senator Present.
3761
1 SENATOR PRESENT: Why not use the
2 procedure we've used in the past and add every
3 body's names except those who have declined.
4 ACTING PRESIDENT KUHL: Everybody
5 will be placed on the resolution except those
6 people who would like to indicate to the clerk
7 that they don't wish to be on the resolution.
8 The Chair would recognize Senator
9 Espada on the resolution.
10 SENATOR ESPADA: Thank you, Mr.
11 President.
12 Like Senator Galiber, I would
13 like to rise to reflect back on last week's
14 bipartisan resolution which celebrated the birth
15 of a nation on the continent of Africa. We saw,
16 of course -- we were witness to history -- where
17 a segregated society finally decided to create
18 for itself a new moral authority, a new moral
19 force to guide its future, and many supporters
20 of that resolution hoped aloud that somehow the
21 influence would travel 8,000 miles and impact
22 upon the United States of America, New York
23 State and certainly in these chambers, and we
3762
1 wait.
2 Today, we commemorate a landmark
3 Supreme Court decision that 40 years ago
4 outlawed racially segregated schools. I, as a
5 youngster in the South Bronx, first learned
6 about this decision at P.S. 157. I have a
7 constituent Harry Briggs, Jr. His daughter
8 attends 157, the same school that I attended.
9 When I attended, we had about 20 to 22 students
10 in the classroom, some African-American, some
11 Puerto Rican Latinos, and some whites. Today
12 the daughter of my constituent Harry Briggs,
13 whose father, Harry Briggs, Sr., filed a lawsuit
14 in Summerton, South Carolina in 19 -- the early
15 1950s, and was the lawsuit that a young lawyer,
16 Thurgood Marshall, first used to make his
17 argument before the federal court that separate
18 education was inherently unequal, today the
19 great -- the granddaughter of Mr. Briggs who
20 attends 157, attends 157 with about 30 to 35
21 children in her classroom, none white.
22 To say that we've gone backwards
23 would be an under... an understatement. We have
3763
1 gone backwards, Mr. President, not solely
2 because our children cannot read or write, not
3 solely because the state educational formula
4 penalizes these children year in and year out
5 for being poor, but we, I think, most
6 regrettably have to take note of the fact that
7 throughout New York State and throughout this
8 country, but more focused on New York State, New
9 York State has the most segregated school system
10 in this nation where 85 percent of African
11 American students attend minority schools with
12 no whites enrolled in that school.
13 Hispanic Latino, Puerto Rican
14 students are perhaps the most segregated in that
15 certain linguistic cultural barriers have been
16 erected to create that isolation and alienation,
17 and while I maintain the ideal and the hope that
18 we can have mixed -- racially mixed schools,
19 economically mixed schools, I'd like to just
20 focus in on some reality checks.
21 This Senator from the South Bronx
22 would settle, in commemorating this 40th anni
23 versary, for an educational aid formula that
3764
1 recognizes -- truly recognizes -- need, poverty,
2 in the children of districts like the South
3 Bronx but all throughout the state, rural,
4 suburban, inner city, but after we get through
5 with fair resource allocation, let's just
6 reflect on one thing, that the cruelest thing of
7 all is that there are white children attending
8 white schools throughout this state and this
9 country that think that that's O.K., and I think
10 that bears more than reflection. It bears a
11 heavy burden on us to correct that, because I
12 was enriched by the diversity in my classroom, a
13 diversity that this young lady that I make
14 reference to, Miss Briggs, does not enjoy and,
15 quite honestly, given the demographics of the
16 area in New York City and the way we're headed,
17 will not enjoy.
18 What makes people in the early
19 1950s, before that and certainly now, brave in
20 this fashion without cause is the real issue if
21 we're going to correct this matter. I think, in
22 commemorating this decision, this Supreme Court
23 decision, we have to take note of the fact that
3765
1 we have the law on our side theoretically, that
2 things haven't changed.
3 I don't blame this on suburbia.
4 I don't blame this on the Republican Senate
5 Majority. I have, in the Bronx side by side,
6 school boards where they're scandal-ridden,
7 where minority parents, people that look like me
8 and others on the Democratic side of this aisle,
9 they have all the controls. They have
10 mismanaged; they have corrupted school systems,
11 so in no way am I pointing fingers. I think
12 we've all failed our children in one degree or
13 another, but some of us are in a better position
14 to change things than others.
15 Racism permeates not just our
16 educational institutions, Mr. President. It's
17 worse than that. Last week a colleague of mine
18 in the Assembly, Assemblyman Ramirez, held
19 hearings on discrimination in the provision of
20 health services in major hospitals in New York
21 City, to wit., we had Mount Sinai as the case in
22 point, and Mount Sinai had a practice that ended
23 recently, we're told, wherein maternity patients
3766
1 who had a certain type of insurance, say
2 Medicaid, were housed in one floor and patients
3 that had, quote, "private insurance" were housed
4 in another floor. We were led to believe, as
5 bad as it was, it was simply discrimination on
6 the basis of payment method. But the harsh
7 reality of it was that, given a lawsuit that was
8 filed recently by five African-American
9 maternity patients who had private insurance and
10 yet were steered to go to the Medicaid wing and
11 were not provided with the kind of patient
12 education and health care services that the
13 so-called private patients usually receive, had
14 filed that lawsuit, had brought right in front
15 of us hard evidence that, in fact, this practice
16 of separate and unequal, this practice of
17 ascribing inferior status to people on the basis
18 of who they are, racially and economically, is
19 still alive and well.
20 And so, in commemorating both
21 last week's resolution and this week's
22 resolution, I say that the best that we can do
23 is not to continue to pass resolutions but, in
3767
1 fact, I'd like to be as realistic and as
2 practical as anybody else.
3 I will settle, to summarize, for
4 a good and solid and fair educational aid
5 formula that would benefit my district and the
6 children who live in it, and I would also hope
7 that by virtue of these resolutions and the
8 things that we can actually do by way of law, by
9 way of budgetary priorities, that we would make
10 room to pass some legislation, implement some
11 programs that support family life and do not
12 destroy family life, that reward parity and
13 don't make it more difficult on parents to bring
14 their children up in a manner that we would all
15 be proud.
16 I think, and I fear that we will
17 find examples of legislation that would do the
18 opposite. Unfortunately, we'll have to get up
19 again. We'll have to put up our guard against
20 those efforts, but we should truly be ashamed in
21 this day and age we can support resolutions like
22 this and actually behave in ways that are
23 totally against the spirit and the law that we
3768
1 commemorate today.
2 Thank you so much.
3 ACTING PRESIDENT KUHL: The Chair
4 recognizes Senator Dollinger on the resolution.
5 SENATOR DOLLINGER: Mr.
6 President, I rise just in very brief echo of the
7 comments made by my colleague, Senator Galiber,
8 and my colleague, Senator Espada.
9 I only disagree with Senator
10 Espada about one thing, and that is it's my
11 personal, political and practical opinion that
12 the vision that you have of a school system in
13 this state that will achieve the dream of Brown
14 against the Board of Education, one that is not
15 separate but equal, but one that is uniformly
16 equal and high quality across the board, it is
17 my political opinion that that will not happen
18 here because the critical piece that's missing
19 is that those who have been excluded from the
20 political process will not have the political
21 power to make that happen, and that's why what
22 Brown against the Board of Education celebrates
23 is the constitutional framework in which we
3769
1 establish the principle that we would create
2 equal opportunity, we would create due process,
3 we would create a system in which we recognize
4 that the minority populations -- and we are all
5 at some time in our lives in that minority
6 populations when we have a traffic ticket, by
7 virtue of our religion, by virtue of our
8 ethnicity; at one time or another almost
9 everybody in this country has been in that
10 posture -- but it seems to me that what we
11 celebrate today is a constitutional system which
12 recognizes that there are certain fundamental
13 rights which transcend the legislative process,
14 and I reflect on Brown against the Board of
15 Education and realize that it was the brilliance
16 and the insight of the Supreme Court that took
17 the message of the Fourteenth Amendment to
18 heart, struck down a system for which there was
19 no constitutional requirement, but used their
20 own judgment and their own vision of what the
21 Constitution really meant, to strike down a
22 system that was no longer consistent with it.
23 It's that vision created by
3770
1 judges interpreting a Constitution that drove
2 away separate but equal, not a standing
3 Legislature, and that's the problem with our
4 entire system of government is that the minority
5 participation in those decisions by virtue of
6 the fact that it is a minority, it doesn't have
7 the majority political power to transform the
8 landscape.
9 So while I share your vision for
10 the school system in this state, it is my
11 personal reflection that it will happen because
12 of the constitutional principles set by the
13 people of this state, those broad principles in
14 which we recognize the quality of opportunity.
15 That is what will result in the creation of a
16 fair, truly equal, truly broad-based school
17 system and a truly broad-based fair opportunity
18 for all of us.
19 While I believe our conscience
20 should drive us to be in that position in this
21 Legislature, it is my personal opinion it will
22 happen much as it did in the Brown against the
23 Board of Education because of our constitutional
3771
1 principles and not because of our legislative
2 action.
3 It's those broad constitutional
4 principles that I celebrate today and when I
5 reflect upon Brown against the Board of
6 Education, I celebrate what was done by Earl
7 Warren in bringing nine votes to the table to
8 declare that a system of separate but equal had
9 no place in a Constitution that recognized
10 equality of opportunity for all, and that
11 constitutional system that I, as a lawyer,
12 celebrate today, it was vindicated in Brown
13 against Board of Education.
14 It changed something that the
15 legislatures would never have changed, and
16 that's what we celebrate today, the principles
17 it encompasses and the constitutional system set
18 up with great vision by our forefathers.
19 ACTING PRESIDENT KUHL: The Chair
20 recognizes Senator Connor.
21 SENATOR CONNOR: Thank you, Mr.
22 President.
23 I want to thank Senator Galiber
3772
1 for bringing this resolution to the floor and
2 causing, and I think we all probably have
3 personal recollections. I remember being nine
4 years old and having a touch of a virus on
5 Monday morning, and I wasn't in school in May
6 and watching TV, which program was interrupted
7 late in the morning with the news of what the
8 Supreme Court -- I remember it being happy,
9 because I was of the political opinion that
10 segregation was wrong and I could never concede
11 from the time I first learned of it that there
12 was a legal system in place anywhere in this
13 country that enforced segregation.
14 Subsequently, in my studies as a
15 lawyer, I had occasion to look quite a bit into
16 the history of this case, the people who made it
17 happen, a fine young lawyer named Thurgood
18 Marshall, who went on literally to become one of
19 the legal icons of this century, not just for
20 his people, but for all Americans, and the
21 argument -- somehow we may have forgotten the
22 case was actually argued twice, Marshall against
23 John Davis, and the Chief Justice died, the case
3773
1 was put over to the next term for re-argument.
2 It was argued once again.
3 Fascinating evidentiary record,
4 if you ever read the studies that Dr. Clark did
5 with dolls, with young children and dolls, it
6 would bring tears to your eyes because, as
7 Senator Galiber pointed out, it demonstrated the
8 kind of self-images that African-American
9 children had, not because they were born with
10 it, because this society laid it on them; and I
11 think it's been quite a 40 years.
12 Brown versus Board of Education
13 dealt with the school systems, but it dealt with
14 more. It was a moral statement about
15 segregation, and subsequent to that everything
16 from segregated buses to luncheon counters, to a
17 segregated way of life in large parts of America
18 vanished certainly as a legal entity and in many
19 places vanished as a reality, although there
20 remains much work to be done.
21 I think the most significant
22 thing about Brown versus Board of Education, and
23 I think we can all remember when President
3774
1 Eisenhower sent federal troops to Little Rock,
2 when federal marshalls went to Alabama, there
3 was massive resistance particularly in the south
4 to the principles set down by Brown versus the
5 Board of Education, and I think the most
6 gratifying thing that I've seen was to recently
7 read a poll that was done just in the last few
8 weeks on the 40th anniversary, that found the
9 overwhelming majority of Americans, in the 80s,
10 high 80 percents, support and applaud Brown
11 versus the Board of Education, and in the south,
12 I think it was some 68 percent of those polled
13 had a positive reaction and were glad for this
14 decision and supported its principles at least
15 as a political statement.
16 I think that's very, very
17 important because it does show something that I
18 think I mentioned last week when we had the
19 Mandela resolution, that in freeing some of the
20 people, the principles laid down by this case
21 and the people who followed in the civil rights
22 movement, in effect, freed everyone, the
23 oppressors as well as the oppressed.
3775
1 In a large step for democracy and
2 freedom for all Americans, not just those who
3 were enclosed in segregation, but those who were
4 its ostensible beneficiaries have actually been
5 lifted out of that and we have a far better
6 country that we live in now, albeit much remains
7 to be done.
8 So I applaud, again, Senator
9 Galiber for this moment to pause and reflect on
10 such a historic occasion.
11 ACTING PRESIDENT KUHL: Senator
12 Goodman, you wish to be recognized?
13 SENATOR GOODMAN: Yes, Mr.
14 President.
15 ACTING PRESIDENT KUHL: Senator
16 Goodman on the resolution.
17 SENATOR GOODMAN: Mr. President,
18 last week on the extraordinary occasion of the
19 South African election, I was strongly tempted
20 to say a word or two but, in fact, decided not
21 to do so since it seemed a day for us to
22 proclaim their really great exaltation at this
23 historic moment in history; and I don't want to
3776
1 be presumptuous at this moment, but I do want to
2 rise very briefly to say that I deeply
3 appreciate Senator Galiber's initiative in
4 bringing this resolution before us, and to say
5 further that, when I realized a few weeks ago
6 that this anniversary was coming up, I took out
7 of the library a biography of Chief Justice
8 Thurgood Marshall, and I found it an almost
9 astonishing experience to read this, not just as
10 a testament to the rise and development of an
11 amazing intellect in a stellar leader, but also
12 to match mentally as I progressed through this
13 book, the shocking conditions which existed
14 during the days of my youth and early adulthood
15 further, which today, looking back, seem so
16 grossly unacceptable and so amazingly repressive
17 that it's hard to imagine that, within the short
18 span of several of our lifetimes, the lifetime
19 of anyone within the sound of my voice, that
20 there were actually conditions that of the most
21 vicious type of segregation.
22 Obviously much remains to be
23 done, but it does seem to me that democracy's
3777
1 promise is reflected in some of the great
2 constitutional progress that we've made and
3 Brown versus Board of Education, with its
4 absolute insistence that separate but equal must
5 be banished from the American system, was only
6 one of the hallmarks in a series of events which
7 are aimed at trying to eliminate the horrors of
8 segregation.
9 And, Mr. President, I'd simply
10 like to say to Senator Galiber and my other
11 colleagues on both sides of the aisle that we,
12 as legislators, I think have a special
13 obligation to see that the forward momentum
14 which has been achieved so far is to be
15 maintained and to recognize that there is still
16 so much to be done.
17 I'm reminded of a little story
18 about Winston Churchill halfway through the
19 second World War. He was at a garden party or,
20 I don't know, an indoor party, at which a little
21 old lady arose and said, "Prime Minister, I
22 understand that all of the brandy you have
23 consumed thus far during the second World War,
3778
1 if it were poured into this room, that it would
2 reach this point on the side of the wall," and
3 she reached way above her head, about halfway up
4 the room, and Mr. Churchill looked at her and
5 with a little smile said, "So much accomplished,
6 my dear lady, but so much left to do."
7 ACTING PRESIDENT KUHL: Is there
8 any other Senator wishing to speak on this
9 resolution? If not, the question is on the
10 resolution. All those in favor, signify by
11 saying aye.
12 (Response of "Aye.")
13 Opposed nay.
14 (There was no response. )
15 The resolution is carried
16 unanimously.
17 Senator Holland.
18 SENATOR HOLLAND: Mr. President,
19 for Senator Skelos, on page 30, I offer the
20 following amendments to Calendar Number 818,
21 Senate Print Number 6344-A, and ask that the
22 said bill retain its place on the Third Reading
23 Calendar.
3779
1 ACTING PRESIDENT KUHL: Without
2 objection, so ordered.
3 Senator DiCarlo.
4 SENATOR DiCARLO: Mr. President,
5 I wish to call up bill 537, recalled from the
6 Assembly for Senator Kuhl, which is now at the
7 desk.
8 ACTING PRESIDENT KUHL: Secretary
9 will read.
10 THE SECRETARY: By Senator Kuhl,
11 Senate Bill Number 537, an act to amend the
12 Agriculture and Markets Law.
13 SENATOR DiCARLO: Mr. President,
14 I now move to reconsider the vote by which this
15 bill passed.
16 ACTING PRESIDENT KUHL: On the
17 motion for reconsideration, the clerk will call
18 the roll.
19 (The Secretary called the roll on
20 reconsideration. )
21 THE SECRETARY: Ayes 55.
22 ACTING PRESIDENT KUHL: The bill
23 is before the house.
3780
1 SENATOR DiCARLO: Mr. President,
2 I now offer the following amendments.
3 ACTING PRESIDENT KUHL:
4 Amendments are received and accepted.
5 Senator Cook.
6 SENATOR COOK: Mr. President, on
7 page 56, I offer the following amendments to
8 Calendar Number 416, Senate Print 2970, and ask
9 that said bill retain its place on the Third
10 Reading Calendar.
11 ACTING PRESIDENT KUHL: Without
12 objection, so ordered.
13 Senator Hoffmann.
14 SENATOR HOFFMANN: Request
15 unanimous consent, please, to be recorded in the
16 negative on Calendar Number 1030.
17 ACTING PRESIDENT KUHL: Without
18 objection, Senator Hoffmann in the negative on
19 Calendar Number 1030.
20 Senator Kruger.
21 SENATOR KRUGER: Mr. President, I
22 ask unanimous consent to be recorded in the
23 negative on Calendar Number 727.
3781
1 ACTING PRESIDENT KUHL: Without
2 objection, Senator Kruger will be in the
3 negative on Calendar Number 727.
4 SENATOR GOLD: Mr. President,
5 could we just recognize Senator Kruger.
6 ACTING PRESIDENT KUHL: Recognize
7 Senator Kruger.
8 SENATOR KRUGER: Yes, Mr.
9 President. On yesterday's calendar, if I had
10 been in the chamber, I would have been recorded
11 in the negative on Calendar 727.
12 SENATOR GOLD: Thank you very
13 much.
14 ACTING PRESIDENT KUHL: The
15 record will so reflect, Senator Kruger.
16 Senator Present.
17 SENATOR PRESENT: Mr. President,
18 let's take up the controversial calendar.
19 ACTING PRESIDENT KUHL: Clerk
20 will read the controversial calendar.
21 THE SECRETARY: On page 27,
22 Calendar Number 759, by Senator Holland, Senate
23 Bill Number 3535, relocate the Spring Valley
3782
1 Toll Plaza of the New York State Thruway.
2 ACTING PRESIDENT KUHL: Senator
3 Leichter.
4 SENATOR LEICHTER: Would Senator
5 Holland yield?
6 ACTING PRESIDENT KUHL: Senator
7 Holland, will you yield to Senator Leichter?
8 SENATOR HOLLAND: Yes.
9 ACTING PRESIDENT KUHL: Senator
10 Leichter, Senator Holland yields.
11 SENATOR LEICHTER: Senator, why?
12 SENATOR HOLLAND: Why?
13 SENATOR LEICHTER: Yes.
14 SENATOR HOLLAND: It really is
15 unfair, in my estimation, for the citizens of
16 Rockland and Orange County to have this toll
17 barrier in the middle of Rockland County. The
18 figures show that the Thruway's revenue last
19 year -- I'm sorry, 1992, was approximately $294
20 million. Of that, approximately one quarter was
21 collected from Harriman through the Yonkers toll
22 barrier. It's only 9 percent of the mileage,
23 but almost a quarter of the revenue is collected
3783
1 in that area.
2 It seems unfair to me as just a
3 -- I think it would help Rockland County if
4 that toll barrier was removed, people would go
5 on the Thruway; it would take traffic off of our
6 Route 59 and reduce the trip across Rockland
7 County from 45 minutes to less than 10 minutes,
8 but basically, Senator, my thrust is that it's
9 unfair to charge the people of Rockland County
10 and the people of Orange County almost 25
11 percent of the revenue for less than 9, or
12 approximately 9 percent of the mileage on the
13 Thruway.
14 SENATOR LEICHTER: But, Senator
15 Holland, if I understand it, the reason that so
16 much of the total revenue of the Thruway is
17 collected at these two tolls is because that's
18 the end of the Thruway, so when I'm riding down
19 the Thruway from Albany and other colleagues of
20 mine, that's where we pay our tolls.
21 SENATOR HOLLAND: No, sir, I'm
22 not including the tickets collected at Harriman,
23 I'm not including that. I understand your
3784
1 point. I'm carrying the 50 cents that's
2 collected at Harriman, the 40 cents that's
3 collected at Spring Valley, the two fifty that's
4 collected on the bridge and the 40 cents that's
5 collected at Yonkers to come to that almost 25
6 percent, approximately $70 million.
7 SENATOR LEICHTER: Well, Senator,
8 if we made the change that you propose, how much
9 would it cost the Thruway, one, to change the
10 tolls and, secondly, how much loss of revenue
11 would there be?
12 SENATOR HOLLAND: I can't tell
13 you how much it would cost to construct new toll
14 barriers at the entrance to 287, if that's your
15 point. You know, 287 is now the beltway around
16 the City. That would bring much, much more
17 passenger vehicles and 18 wheelers and all kinds
18 of vehicles through that area.
19 If the toll barrier was moved
20 back to the Jersey line to 287 and the toll is
21 collected there, I think the toll revenues would
22 go way up, way up, because of the increase in
23 traffic. However, what we're collecting now at
3785
1 Spring Valley is about $9 million, of the $294
2 million that was collected for 1992.
3 SENATOR LEICHTER: Senator
4 Holland, I understand your point about having a
5 toll plaza within a county for people traveling
6 within the county, but the same thing happens
7 with the county of Albany. I'm sure you run out
8 at Exit 23, going from Exit 24, and you pay a
9 toll when you go that distance. I imagine in
10 Erie County, there must be a number of tolls
11 that the residents of Erie County pay who travel
12 within Erie County. I'm not sure I have -- I
13 get a sense that there's real unfairness to the
14 people of Rockland. If there is, I would
15 certainly rectify it.
16 ACTING PRESIDENT KUHL: Senator
17 Leichter, are you asking Senator Holland to
18 please yield to a question?
19 SENATOR LEICHTER: Yes.
20 SENATOR HOLLAND: Yes, sir. But
21 the Spring Valley Toll Barrier is right in the
22 middle of the Thruway. It is not an exit; it is
23 not an entranceway; you have no option. Exit 23
3786
1 and Exit 24 here in Albany, you have an option
2 but you do not at Spring Valley, and you do not
3 at Yonkers, that's my point.
4 ACTING PRESIDENT KUHL: Clerk
5 will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 57.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 -- Calendar Number 914, by Senator Levy.
16 SENATOR PRESENT: Lay that aside
17 for the day, please.
18 ACTING PRESIDENT KUHL: Lay the
19 bill aside for the day.
20 THE SECRETARY: Calendar Number
21 922, by Senator Cook, Senate Bill Number 3034-A,
22 Executive Law, in relation to state aid to rural
23 areas.
3787
1 SENATOR CONNOR: Explanation.
2 ACTING PRESIDENT KUHL: Senator
3 Cook, an explanation has been asked for by
4 Senator Connor.
5 SENATOR COOK: Mr. President, one
6 of the concerns regarding rural municipalities,
7 rural communities, is that smaller communities
8 have part-time governments. They really don't
9 have very sophisticated governmental structures
10 and, consequently, the perception at least is
11 that when it comes to being able to make the
12 appropriate applications and qualify for various
13 types of state programs, that they are at a
14 great disadvantage.
15 Obviously, that is not something
16 that we can follow, and the purpose of this bill
17 is to try to get a handle on, frankly, just how
18 is the distribution made that's coming from the
19 various state agencies so that we can have a
20 better picture. Perhaps we're wrong even in our
21 perception; perhaps we are being adequately
22 served, but we don't know. We don't know what
23 specific programs may be short-changing rural
3788
1 communities. Some programs may be working very
2 well; others may not, and the whole point of
3 this is to have a mechanism by which we can
4 monitor some of the state agencies and find out
5 how they're dealing with the rural communities.
6 ACTING PRESIDENT KUHL: Senator
7 Connor.
8 SENATOR CONNOR: Yes, Mr.
9 President.
10 I certainly agree with Senator
11 Cook that we ought to know and we'd all like to
12 know, so if the Senator would yield for a
13 question.
14 ACTING PRESIDENT KUHL: Senator
15 Cook, do you yield? The Senator does.
16 SENATOR CONNOR: Senator, how
17 long do you think this report would be; how many
18 pages?
19 SENATOR COOK: I don't
20 anticipate, Senator, that it's going to be a
21 voluminous page report. I assume that in the
22 reports that are currently being issued by
23 agencies on various things that there will
3789
1 simply be some designation of what has gone in
2 that relates to rural communities.
3 SENATOR CONNOR: Senator, how
4 much -- if the Senator will yield for another
5 question?
6 ACTING PRESIDENT KUHL: Senator
7 does.
8 SENATOR CONNOR: How much will
9 the five copies that you're asking be submitted
10 here, how much will they cost to reproduce; is
11 there a fiscal impact here?
12 SENATOR COOK: I beg your pardon,
13 sir?
14 SENATOR CONNOR: How much will it
15 cost the Senate to reproduce these copies, to
16 send them to the Speaker, the Majority Leader,
17 the Governor, the Chair and the vice-Chair of
18 the New York State Legislative Commission on
19 Rural -
20 SENATOR COOK: Senator, I haven't
21 bought a ream of paper in a while. What is it,
22 $25 maybe?
23 SENATOR CONNOR: $25? So,
3790
1 Senator, how much would it cost to send a copy
2 to the two minority leaders?
3 SENATOR COOK: Probably about -
4 SENATOR CONNOR: Four or five
5 dollars?
6 SENATOR COOK: Yeah.
7 SENATOR CONNOR: Senator, may I
8 respectfully suggest that we, in the minority,
9 would also like to know what's going on -
10 SENATOR COOK: I'd be delighted.
11 SENATOR CONNOR: -- with these
12 programs?
13 SENATOR COOK: I'd be delighted
14 to do that, and I think that Senator Nolan and
15 the Republican sponsors in the Assembly would
16 also join in that and, while I don't intend to
17 amend this bill, certainly we'll try to
18 sensitize ourselves to that in the future.
19 SENATOR CONNOR: Well, Senator,
20 is there a rush on this?
21 SENATOR COOK: Not particularly.
22 SENATOR CONNOR: Well, couldn't
23 we have a small amendment?
3791
1 SENATOR COOK: Lay the bill
2 aside. Let me look and see how complicated this
3 becomes.
4 SENATOR CONNOR: Thank you,
5 Senator.
6 SENATOR COOK: I don't object to
7 it in principle, no.
8 ACTING PRESIDENT KUHL: Bill is
9 laid aside.
10 THE SECRETARY: Calendar Number
11 1005, by Senator Lack.
12 SENATOR PRESENT: Lay that aside
13 for the day.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside for the day.
16 Senator Present, we have one
17 substitution that we'd like to effect.
18 THE SECRETARY: On page 13,
19 Senator Velella moves to discharge the Committee
20 on Rules from Assembly Bill Number 8794-B and
21 substitute it for the identical Calendar Number
22 349.
23 ACTING PRESIDENT KUHL:
3792
1 Substitution is ordered.
2 Senator Bruno.
3 SENATOR BRUNO: Mr. President,
4 may I request unanimous consent to vote no on
5 calendar 1030?
6 ACTING PRESIDENT KUHL: Without
7 objection, Senator Bruno is recorded in the
8 negative on Calendar Number 1030.
9 SENATOR BRUNO: Thank you. Thank
10 you. Thank you.
11 Senator Present.
12 SENATOR PRESENT: Senator
13 Dollinger.
14 SENATOR DOLLINGER: May I have
15 unanimous consent to change my vote on 1030, yea
16 to nay.
17 ACTING PRESIDENT KUHL: Without
18 objection, Senator Dollinger will be recorded in
19 the negative on Calendar Number 1030.
20 SENATOR JONES: I would like to
21 also be recorded in the negative on Calendar
22 Number 1030, just for the principle of the
23 thing.
3793
1 ACTING PRESIDENT KUHL: Without
2 objection, Senator Jones will be recorded in the
3 negative on Calendar Number 1030. Senator
4 Dollinger, you are recorded in the negative on
5 Calendar Number 1030.
6 SENATOR DOLLINGER: Thank you,
7 Mr. President.
8 ACTING PRESIDENT KUHL: Senator
9 Present.
10 SENATOR PRESENT: Mr. President,
11 there being no further business, I move that we
12 adjourn until tomorrow at 11:00 a.m.
13 ACTING PRESIDENT KUHL: Senate
14 stands adjourned until tomorrow, Wednesday, at
15 11:00 a.m.
16 (Whereupon at 5:17 p.m., the
17 Senate adjourned. )
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