Regular Session - March 23, 1999
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NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 23, 1999
3:06 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order. I ask everyone present to rise
and repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence.
(Whereupon, a moment of silence was
observed.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, March 22nd. The Senate met pursuant
to adjournment. The Journal of Friday, March
19th was read an approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
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1274 The Secretary will read.
THE SECRETARY: Senator Fuschillo
from the Committee on Consumer Protection
reports:
Senate Print 896-A, by Senator
Marcellino, an act to amend of General
Business Law;
902-A, by Senator Skelos, an act to
amend the General Business Law and the Town
Law;
2100, by Senator Libous, an act to
amend the General Business Law;
2530, by Senator Velella, an act to
amend the General Business Law;
3372, by Senator Skelos, an act to
amend the General Business Law; and.
3766, by Senator Fuschillo, an act
to amend the General Business Law.
Senator Lack, from the Committee on
Judiciary reports:
Senate Print 3392, by Senator Lack,
a concurrent resolution of the Senate and
Assembly;
3393, by Senator Lack, an act to
amend the Estates, Powers and Trusts Law;
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3396, by Senator Lack, an act to
amend the Surrogates Courts Procedure Act.
3398, by Senator Lack, an act to
amend the Judiciary Law.
3400, by Senator Lack, an act to
amend the Estates, Powers and Trust Law.
3401, by Senator Lack, an act to
amend Surrogate Courts Procedure Act; and.
3402, by Senator Lack, an act to
amend the Domestic Relations Law.
Senator Hannon from Committee on
Health reports:
Senate Print 126, by Senator Rath,
an act to amend the Public Health Law.
1708, by Senator Trunzo, an act to
amend the Public Health Law.
1718, by Senator Hannon, an act to
amend the Public Health Law and the Education
Law;
3478, by Senator McGee, an act to
amend the Public Health Law; and
3882, by Senator Maziarz, an act to
amend Chapter 81 of the laws of 1995.
Senator Spano, from the Committee
on Labor reports:
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Senate Print 3704, by Senator
Maltese, an act to amend the Labor Law and the
Penal Law;
3883, by Senator Spano, an act to
amend Chapter 511 of the Laws of 1995; and
3909, by Senator Spano, an act to
amend the Labor Law and the Civil Service Law.
Senator Rath from the Committee on
Local Government reports:
Senate Print 24, by Senator Larkin,
an act to amend the Real Property Tax Law;
25, by Senator Larkin, an act to
amend the Real Property Tax Law;
631, by Senator Volker, an act to
amend the Local Finance Law;
735, by Senator Stafford, an act in
relation to the lease or rental, certain lands
in Warren County;
833, by Senator Marcellino, an act
to amend the Real Property Tax Law;
1061, by Senator Seward, an act to
amend the County Law;
1613, by Senator LaValle, an act
authorizing the Town of East Hampton;
1748, by Senator LaValle, an act to
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amend the General Municipal Law.
2794, by Senator Rath, an act to
amend the General Municipal Law.
2855, by Senator LaValle, an act to
establish the Island Volunteer Exempt
Fireman's Benevolent Association; and
3066, by Senator Skelos, an act to
amend the Real Property Tax Law.
Senator Saland from the Committee
on Children and Families reports:
Senate Print 1469, by Senator
Spano, an act to amend the Social Services
Law;
2976, by Senator Saland, an act to
amend the Social Services Law;
2977, by Senator Saland, an act to
amend the Social Services Law; and
3464, by Senator Holland, an act to
amend the Social Services Law.
Senator Wright from the Committee
on Energy and Telecommunications reports:
Senate Print 2423, by Senator
Wright, an act to amend the Public Service
Law; and
3612, by Senator Wright, an act to
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direct the Chairman.
Senator Goodman from the Committee
on Investigations, Taxation and Government
Operations reports:
Senate Print 1229, by Senator
Wright, an act to amend the Tax Law;
1230-A, by Senator Wright, an act
to amend the Tax Law;
1552, by Senator Kuhl, an act to
amend the Alcoholic Beverage Control Law;
2875, by Senator McGee, an act to
amend the Public Officers Law;
2885, by Senator Wright, an act to
amend the Tax Law;
2898, by Senator Seward, an act to
amend the Tax Law;
3304, by Senator Bonacic, an act to
amend the Tax Law.
Senator Nozzollio from the
Committee on Crime Victims, Crime and
Correction reports:
Senate Print 649, by Senator
Maziarz, an act to amend the Correction Law;
969, by Senator Skelos, an act to
amend the Correction Law and the County Law;
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972, by Senator Skelos, an act to
amend the Correction Law and the Executive
Law; and
1126, by Senator Maltese, an act to
amend the Executive Law.
Senator Holland from the Committee
on Social Services reports:
Senate Print 1348, by Senator
Holland, an act to amend the Social Services
Law;
1502, by Senator Padavan, an act to
amend the Social Services Law and the
Education Law;
3463, by Senator Holland, an act to
amend the Social Services Law; and
3933, by Senator Holland, an act to
amend the Social Services Law.
All bills ordered direct for third
reading.
THE PRESIDENT: Without objection
all bills ordered direct to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
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Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, on behalf of Senator Bonacic, on
page number 14, I offer the following
amendments to Calendar Number 261, Senate
Print Number 2324, an ask that said bill
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
SENATOR NOZZOLIO: Madam
President, on behalf of Senator Volker, I move
the following bill be discharged from its
respective committee and it be recommit with
instructions to strike the enacting clause,
Senate Number 2393.
THE PRESIDENT: So ordered.
Senator Bruno.
SENATOR BRUNO: Madam President,
I would move that we adopt the Resolution
Calendar with the exception of Resolutions
718, 728 and 729.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar with the
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exception of Resolution 718, 728 and 729,
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we, at this time, take up my Resolution
Number 728, have the title read and move for
its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution 728, commemorating Good
Joes Day 1999.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
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Senator Bruno.
SENATOR BRUNO: Madam President,
can we open sponsorship on this outstanding,
excellent resolution commemorating all the
good Joes in this chamber and throughout this
state in memory of the good Joes and Joseph,
Saint Joseph, our patron, at least my patron.
So anyone that would like to get on
this resolution, please indicate so at the
desk. This is a Good Joe resolution.
THE PRESIDENT: This resolution
will be open for sponsorship. All those who
wish to be on the resolution, please notify
the desk.
All those who wish not to be on the
resolution should notify the desks.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up the privileged
resolution at the desk by Senator Nozzolio,
Number 718, ask that it be read in its
entirety and move for its immediate adoption.
PRESIDENT: The Secretary will
read.
THE SECRETARY: By Senator
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Nozzolio, Legislative Resolution 718,
memorializing Governor George E. Pataki to
proclaim March 23, 1999 as New York Apple
Country Day in the State of New York.
Whereas, the $144 million apple
industry represents an important segment of
New York State's economy, ranking second in
the nation with an annual average production
of 25 million bushels, 650 family farms
provide employment to ten thousand direct
agricultural workers; and
Whereas apple processors form a
vital part of the economy in several New York
State communities, the apple processing
industry makes apple sauce, apple juice,
cider, apple slices, dried apples, vinegar,
and other apple products, utilizing 57 percent
of the total apple crop, the presence of these
industries supports packaging, ingredient,
equipment and transportation industries, and
Whereas, the fresh wholesale apple
industry supplies New York and many other
states with high quality apple country apples,
the fresh apple export business now exceeds
one million cartons per year, shipping to the
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United Kingdom, Canada, Israel, Central
America and the Caribbean, 7,500 indirect jobs
flow from this industry, including handling,
distribution, marketing, and shipping of
apples in the domestic and overseas markets,
New York State direct marketers sell their
apples, cider, pies, and other value added
apple products directly from the farm to the
consumer from upstate farm markets to the
green markets of New York City, these farm
markets provide an important link between the
farm and the consumer with economic, historic,
and cultural connections, and
Whereas, New York State has
remained in the forefront of innovations in
apple growing, the industry pioneered new
varieties, advanced integrated pest
management, growing techniques, and controlled
atmosphere storage, which allows consumers to
enjoy harvest fresh apples year round, New
York apple growers harvest more varieties than
any place in the nation. Apple country
growers continue to grow traditional favorites
such as Macintosh, while keeping an eye toward
to newer varieties such as Gala, Fuji and
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Ginger Gold. Some of today's most popular
apples such as Empire and Crispin grow very
well in the New York State's rich glacial soil
warmed by breezes from Lake Ontario, Lake
Champlain, and the Hudson River, and
Whereas, this Legislative Body
applauds the efforts of New York State's apple
industry and its non profit trade association,
the New York Apple Association, Incorporated,
to insure the continued growth and strength of
the industry, now therefore be it
Resolved that this Legislative Body
pause in its deliberations to memorialize
Governor George E. Pataki to proclaim March
23rd 1999 as New York Apple Country Day in the
State of New York, and be it further
Resolved that copies of this
Resolution, suitably engrossed, be transmitted
to the Honorable George E. Pataki, Governor
of the State of New York, and Michael V.
Durando, President, New York Apple
Association, Incorporated.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, my colleagues, there are many
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important things that this Legislative body
does from day to day, but there is no one more
important single industry than New York's
apple growing industry. $144 million each
year directly into the New York State economy.
And on each desk of every Senator today is a
small reminder of how important the apple
industry is to us in New York State, how
wonderful a product is grown in New York
State, and how we as a state need to promote
the wonderful work done here by the apple
farmers of this state.
Madam President, I know you know
first hand the importance of this industry and
that seated in the balcony today are members
of the New York State Apple Growers
Association. Farmers who work diligently from
every corner of this state producing a unique
product, our state's official fruit, but a
very important industry to all of Yorkers.
Madam President, I applaud those
who are supporting the resolution and that
certainly I know that the apple growers of
this state appreciate the attention given to
them today by the New York State Senate.
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THE PRESIDENT: Senator Connor.
SENATOR CONNOR: Will Senator
Nozzolio yield for a question?
THE PRESIDENT: Senator, will you
yield?
SENATOR NOZZOLIO: Yes.
SENATOR CONNOR: Senator, have
you contacted the Medical Society to see if
they support your resolution?
SENATOR NOZZOLIO: We understand
through their official memorandum sent around
that an apple a day helps them in their works.
SENATOR CONNOR: Thank you.
SENATOR STAFFORD: Madam
President.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Coming from
apple country, we support Senator Nozzolio's
resolution a thousand times.
THE PRESIDENT: Thank you. And
only once the question is on the resolution.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
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THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President.
I think there is another privileged
resolution at the desk by Senator Seward. It
is 729. I would ask that it be read in its
entirety and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Seward, Legislative Resolution 729, expressing
sincerest sympathy on the death of Town of
Oneonta Chief Constable Norman F. Carr, Jr.,
killed in the line of duty on December 3rd,
1998.
Whereas, it is the intent of this
Legislative Body to extend its grateful
appreciation and acknowledgement of the heroic
actions of those who give their lives in the
courageous performance of their duties, and
Whereas, this Legislative Body
takes this occasion to pay tribute to Town of
Oneonta Chief Constable Norman F. Carr, Jr.,
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who was killed in the line of duty on December
3, 1998.
Norman Carr, a native of Oneonta,
was chief constable and on-call fire fighter,
special sheriff's deputy, state employee, Viet
Nam era army veteran and devoted husband.
Constable Carr was on duty when he
was hit and killed while directing traffic on
State Route 23 in the Town of Oneonta after
responding to the scene of a motor vehicle
accident.
Directing traffic is among the most
dangerous responsibilities of law enforcement
officials; and
Whereas, Norman Carr was a man with
a wonderful sense of humor who gave his all to
his work, he was commended on August 1998 by
Captain Kevin Molinari of the State Police at
Oneonta for assisting a woman who was being
stalked by another vehicle on Interstate 88.
Norman Carr was praised as a
dedicated professional who unstintingly
provided emergency services for the citizens
of Oneonta.
Norman Carr knew every road and
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deer trail in Oneonta. He was generous with
his time and resources and turned the town's
constabulary from an untrained civilian
response unit to a proactive agency that
worked closely with local police agencies, the
sheriff's department and the New York State
Police.
Norman Carr was an operating
supervisor who managed buildings and grounds
for the State Department of Environmental
Conservation, where he had worked for 30
years. As operations manager in Stamford he
was responsible for crews that worked at
parking areas, boat launches, camp grounds and
recreational areas including Bear Spring
Mountain and Little Pond in Delaware County.
Norman Carr was in charge of the
sheriff's department boat control. In summers
during the past seven years he spent time in a
boat on Oswego, Goodyear and Canadarago Lakes
as the special deputy on boat patrol, and
Whereas, Norman Carr, survived by
his wife Norma is sorely missed by his family,
friends and associates, Chief Constable Carr's
name will be added to the National Law
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Enforcement Memorial in Washington, D.C. on
May 13, 1999, one of only two officers in New
York. Now, therefore, be it
Resolved, that this Legislative
Body pause in its deliberations to express
sincerest sympathy on the death of Town of
Oneonta Chief Constable Norman F. Carr, Jr.,
killed in the line of duty on December 3,
1998, and be it further,
Resolved, that a copy of this
Resolution, suitably engrossed, be transmitted
to Mrs. Norman F. Carr, Jr.
THE PRESIDENT: Senate Seward.
SENATOR SEWARD: Thank you, Madam
President, and my colleagues.
On behalf of the family of Norman
F. Carr, Jr., his many colleagues and friends
and associates and all of the people in the
area that I represent, I rise to thank you for
this is a very kind expression of sympathy
through your support of this resolution.
By day Norman F. Carr, Jr., was a
30 year devoted state employee, employed by
the Department of Environmental Conservation,
a base in the Stamford office, but in his off
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hours as a state employee, Norm Carr gave of
himself through various; an on call fire
fighter, a special sheriff's deputy, and most
notably as the Chief Constable of Town of
Oneonta.
And during Norm Carr's tenure with
the constable's office in the Town of Oneonta
he brought that from an untrained civilian
response unit to a very well trained response,
very pro active agency that worked very, very
closely with all of the other police agencies
in the Oneonta area, worked very closely in
order to provide protection and assistance to
the people of the area.
Norm Carr was known for his sense
of humor, his common sense approach to law
enforcement, and his firm but fair way in
which he carried out his duties.
And so I rise to thank my
colleagues for the support of this resolution.
I know that it will mean a great deal to
Norm's family and friends in the Oneonta area.
We have lost a good friend, a very devoted
public servant, and we miss him very much.
THE PRESIDENT: The question is
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on the resolution.
All in favor, signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we return to reports of Standing
Committees?
I believe there is a report of the
Finance Committee at the desk.
THE PRESIDENT: Reports of
Standing Committees.
The Secretary will read.
THE SECRETARY: By Senator Bruno,
Concurrent Resolution 765, adopting a budget
resolution proposing amendments to the
1999-2000 Executive Budget submission.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
thank you.
We have before us the Budget
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Resolution that we are presenting through the
Senate and to the public. And this resolution
is $73.3 billion worth of spending an revenue
in it. It is 2.7 percent over last year's
budget.
In this budget we restore some of
the important items that were not in the
Governor's budget proposal to us. And in that
we add overall funds of about $750 million to
secondary education, close to $180 million in
higher education, restoring TAP, and funding
the CUNY an SUNY contracts.
In Medicaid to a total of over 800
million all funds in restorations.
Transportation over 200 million for roadside,
for bridges.
We have in this resolution over a
billion one hundred million in tax cuts
including the earned income tax for people out
there that need this kind of support with
incomes of 25,000 and less.
We restored the BOCES cuts that
took place in the proposal by the Governor.
So we think that the resolution
before us is responsible, it is prudent, it
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does the kinds of things that are necessary to
keep our economy growing, to keep job creation
in place here in the state and to fund the
necessities for the standard of living that
all you of us enjoy here in this state.
We have to be careful and I say
prudent and responsible because I think this
is the year for all of us to be careful. We
have a surplus in this state this year. We
inherited, all of us five years ago, a $5
billion deficit. That deficit was the result
of over spending. And not resulting from
anything other than an irresponsible over
spending binge, and had we spent only the
inflation rate in terms of increases over the
previous year during the previous
administration we would have had five years
ago a $5 billion surplus, $15 billion surplus
instead of a $5 billion deficit. So I am just
suggesting that this is the time for us to be
focused, to be responsible and to be prudent.
Now, would we like to spend another
couple billion, yes. But we are taking 2.7
plus billion and putting it into a reserve
fund to fund the STAR program, the real estate
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tax cuts that are critically important to all
of the seniors of this state and to all of the
citizens of this state and all of the other
tax cuts that are now law, so that if this
economy takes a little dip or a large dip we
will have a reserve. And prudently any
family, any individual, when times are good,
what do you do. I know what Senator Stafford
does as chair of Finance, he puts something
aside for emergencies. He shared that with me
while he was working diligently on this
resolution. And that's what we have to do as a
state. We have to put money aside when times
are good for any contingency, any emergency
that may -- that might exist next year or the
year after.
I am concerned as you are about the
out years. And that's why we have this 2.7
billion reserve.
Now, we differ from the other
house. In the other house their reserve
account gets added to by 600 million, a
billion two with the reserve that is already
there. So as I said, our spending is 2.7
percent. We think it is realistic. It is
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reasonable, it is affordable, its prudent. So
I would urge my colleagues here in the Senate
to be realistic and to be supportive.
Thank you, Madam President.
THE PRESIDENT: Senator Connor.
SENATOR CONNOR: Thank you, Madam
President.
Thank you, Senator Bruno for
bringing this resolution forth so we can move
forward in the budget process.
Let me say right now with respect
to your tax cut proposals, they are good.
I would point out to the Majority
that the earned income tax credit was offered
as an amendment on this floor by the Senate
Minority in 1994 and 1995 and again last year,
and voted down by the Majority, which just
proves that redemption is always possible.
We're delighted that you have embraced this.
Imitation is the best form of flattery, and we
saw that with the STAR program a couple of
years ago, and now we see it with the EITC.
As I have said many times since I
have been leader, we Senate Democrats rarely
see a tax cut we don't like. We do have a
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little bit more conservative approach than the
Majority. We like to pay for them when we see
them and embrace them. In the past five years
we have -- this house has done tax cuts
totalling $7.7 billion but we have only paid
for $1.3 billion of those tax cuts and sooner
or later they have to be paid for.
I recognize the Majority here says
they are spending less than the Assembly, but
you know, tax cuts are spending too and you
propose $1.1 billion in tax cuts. That's
good. But you only pay for $45 million of it
this year, a year when we have a couple
billion dollars surplus. That is not good.
That offends our inherent fiscal
responsibility, sense of fiscal responsibility
and conservative fiscal approach.
I guess it is Republican fiscal
policy, I don't understand it, the fact that
you are making a small down payment is better
than our Governor proposed when he proposed
billions in tax cuts that wouldn't kick in
until after his term of office was over. I
guess that is the extreme Republican fiscal
view point, pass the press release now and let
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somebody pay for the tax cuts three or four
years from now.
You know, ultimately the budget is
about choices. It is about choices. Where do
you choose to invest the people's money. And
I will say this for the, Assembly they put
their money where their mouth is. They put up
money now to invest in education, health care
and other needs of the State as opposed to
incurring liabilities that don't get paid,
substantial liabilities that get paid in the
future.
Meanwhile we have a surplus. Last
year the Senate Minority, faced with a surplus
said lets give everybody a rebate. We thought
that was a very conservative approach. Oh, we
took in more than we needed, give it back to
the people. Frankly, there was no ground
swell for this, but it remains a conservative
approach and I would point out maybe for
another day that we ought to consider
something like Governor Ventura in Minnesota
has proposed, a sales tax rebate. It avoids
all sorts of federal complications and it is a
good way to use part of a surplus.
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We proposed other things and we -
I'm not saying this is a bad resolution at
all. In fact I intend to vote for it. There
are things in there I like; tax cuts,
restoring TAP, some of the restorations don't
go far enough, but they are better than no
restorations. It is better than the Governor
proposed. So I intend to vote for it. But we
do have amendments to offer.
Madam President, we have amendments
to offer to try to make this is a better
resolution and I hope at the end of today I
can vote for this resolution as amended by
some of our ideas.
The amendments we are putting
forward try to reflect our values. You know,
isn't the budget really about where you choose
to spend your money, who you are for, what you
care about and what your priorities are. So
our amendments will try and articulate some of
these priorities. Some of the other proposals
that we have made, I would not note made it
last year, you will hear it again, a mortgage
recording tax holiday for a year. Let our
homeowners refinance at new lower interest
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rates. The cost to us is nothing compared to
what they will save, thousands of dollars in
interest payments as well as the mortgage
recording tax. This was a proposal this
conference made last year. It seemed to be
rejected. I don't understand why even in
Nassau County the Republicans there are
proposing increasing the mortgage recording
tax. I say let those homeowners save money,
let them refinance. Lets put of this state
surplus into making that possible, into
reimbursing the localities and letting people
refinance. Let's have a one year moratorium
on that tax.
We will also propose amendments to
end the marriage penalty. We think that is a
good family values way to cut taxes and cut
the tax burden on New York families.
I applaud your tuition tax credit.
We will have an amendment to make it even
better and it won't cost much. For another $5
million you can make that meaningful. Instead
of a credit or a deduction, just make an
adjustment to income. Lower middle class
working families can then get full advantage
1302
of that tuition tax credit thing. And I
commend it to you. It is not a lot more money
and it will help a lot more people. So we
will officer that amendment.
Now, something we proposed in the
past because we think it helps generate jobs
in New York were energy tax cuts and I applaud
the Majority for now proposing energy tax
cuts, except frankly, and I have never -- I
have said it before, I don't like gross
receipts taxes at all, forget lowering them.
They are a bad way to go. They are a bad
feature. They are an economic disincentive.
They are a cost of doing business rather than
a tax on productive wealth.
I hate to say this, I think the
Governor is right in his approach to this. I
think the Governor's approach to the energy
tax is the right way, lets take a whole new
approach.
Now, some of the other amendments
you will hear from, Madam President, concern
debt reduction, debt reduction. For example,
we have this big surplus and everybody is
setting up a reserve. The Assembly has there
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reserves, the Majority has a whole lot in
reserve, the Governor has his reserves. Well,
why don't we use some of these reserves in a
productive way to reduce debts.
For example, we all know that out
standing to communities upstate, the school
districts upstate as well as to New York City
are prior year claims on education aid. Why
don't we take some of this reserve fund money,
cut a deal, reduce prior year claims and maybe
they will even use it for school construction
and we'll shoot two birds with one shot. We
will be proposing that.
While the Majority proposes to
restore money for education, frankly we feel
that the level at which you are restoring the
education money is woefully inadequate
because, in effect, you are embracing what the
Governor tried with pre-K and the other
things, the block grant, and you are blocking
a whole lot of money for education and you are
going to say, well, that is for the teacher
support aid and that is for the school aid
formula and so on, but you know what, when you
add up the numbers, if you have really
1304
restored teacher support aid, if you have
really restored building maintenance, pre-K,
categorical stuff then you are short about 407
million dollars in formula aid. So I asked my
colleagues, which one of your districts, you
have school runs, which one of your districts
is taking the hit? You are short $407
million. And if you really restored pre-K,
building maintenance, teacher support and so
on, then you are short 407 and it must be
coming out of the school aid formula that
drives the money to your districts.
So we think we can't walk away from
education that way and we will be offering an
amendment at $407 million to take that total
education pot up to a full restoration of
teaching support, pre-K, building maintenance,
as well as what the school aid formula would
drive to all of your districts.
So these in some are our approach
to this budget. I regret, I regret that the
Majority has not addressed some of the fiscal
controls and reforms that the Comptroller has
recommended. We really -- and I applaud the
Assembly, and it may be surprising, but they
1305
at least have measures to step away from the
past practice of back door borrowing. I think
we ought to embrace that because it is a bad
way to go and a year of surplus is a good year
to get our hands around that issue and stop
the fiscal games. And I would, again, I
intend to vote for this resolution. I hope,
at the end of the day we are able to vote for
this resolution as amended. Why wait. Why
wait and come back next year or the next year
with some of our good ideas and your budget
the way you are doing with the EITC. Take it
now in the spirit of collegiality. Hopefully
this is, I recognize, almost not quite the
budget process, but early, I hope the later
stages can be quick. When we get to the
conference committees lets take some of these
ideas, and I might point out, we have other
amendments that will address some other
serious needs and the sponsors will be
addressing those, for example we have a tax
cut to benefit farmers that's very important
to us in this conference. We have some other
measures and some of them you have heard from
before and we'll offer them.
1306
Mr. President, I thank you. Let
the festivities begin.
ACTING PRESIDENT KUHL: The chair
recognizes Senator Marchi.
SENATOR MARCHI: Mr. President, I
want to compliment the Minority leader on at
least one point. He recognizes the strictures
and the limits that were not reflected in the
product by the Assembly, which would blow the
-- our chances and expose us to serious danger
in the future if we accepted its implications.
I certainly welcome his endorsement
of proceeding so that we may embrace the
conference committees and their deliberations
and perhaps some of this maybe reflected, but
let us reflect very seriously on the basics
that are involved here. We're close to the
closure of the 20th Century. We are not going
to have a more serious responsibility facing
us this year than the one that we're
addressing today. I don't mean this
particular item, because I think it is a very
fine, prudent temperate response to a very
skidish situation, but if we fail to recognize
the warning signals and the clouds that are on
1307
the horizon we will have made a horrendous
mistake.
As Yogi Berra said, we can make
mistakes as long as they are not the wrong
mistakes. And the wrong mistake would be to
ignore fiscal realities that confront us
throughout the world.
Senator Bruno and the Majority and
Senator Stafford and his valiant staff, all of
them have cooperated and we have had liberal
exchange within our own conferences on the
constitution of something that will meet that
challenge. Is it on anybody's preference
list? No, there are 211 people, we all have
our priorities. And I could suggest some.
And there are some things you said that did
not offend me at all. But I would suggest
that we reflect seriously on some of the
warning clouds that are on the horizon.
I would suggest to those of you who
have missed the report that was made several
weeks ago by Alan Greenspan, chairman of the
Federal Reserve to Congress. He said, quote,
it appears stretched, meaning our economy, in
a number of dimensions, nationally.
1308
This is a problem we all face.
Europe is on questionable grounds right now
and we enjoy somewhat of a benefit because
we're able to get cheap imports as a result of
their distress. Asia is in the same position.
Other areas in the world are suffering the
same experience.
He has said somewhat earlier, we
can not remain in an oasis of prosperity.
Doesn't anybody listen to what he is saying?
Celebrated economists such as
Warren Buffet and Robert Solo, a Nobel
economist, economist lauriate, said that,
quote, we have had three awfully good years
now and an incredible fourth quarter. Who
knows what is next. Do you know? I do not
know, but I know that we can not go over
board.
Bare in government -- bear in mind
that the government -- the federal government
has many options that we don't have. They can
monitorize their debt. And you know how easy
that is. I was reading recently that the
total gross product of bras was something like
$11 billion. You ran World War II at the
1309
height of its activity with that amount of
money, so what do you do with the money that
you borrowed? You monitorize it. You give it
back in water.
You can pump -- prime the pump as
they say, you can raise taxes and I have voted
for an increase in taxes at some occasions in
my life when I thought that it was necessary
and you can reduce them when especially after
1986 when we had the tax reform act and we no
longer had Uncle Sam. And it was started by
President Kennedy incidentally back in the
60's. We no longer had Uncle Sam as a partner
in our deductability.
Putting us at a competitive
disadvantage with 49 other states, inducing as
it did, as our Majority leader Senator Bruno
reminded us that if we wanted to stay in this
ball game and remain competitive we had to
take those very painful steps.
Alan Greenspan helped me 30 years
ago when I ran unsuccessfully for mayor with
economic planning. I did a fundless campaign.
But a lot of the things that were said at that
time came to fruition and we had to respond to
1310
them and we did later on.
I do not know how many of you
remember Mike Press, the same Mike Press who
is a senior researcher for Alan Greenspan, the
same Mike Press that worked with Senate
Finance when I was chairman many years ago, 20
years ago, over. He said as one of his top
lieutenants made the point, might people,
business managers, consumers, investors be
taking risks that we would not have taken were
it not for an exaggerated confidence in the
ability of the fed to cushion the economy.
Oh, they will rescue us in financial markets
against any and all shots. What do you need?
What do you need by way of warning and asking
us to be prudent and not to be reckless. And
I ask you to reflect on five factors that were
featured recently in an article by Louis
Ukatel in the New York Times, five factors
that sustain a strong economic hand, a soaring
stock market, low inflation, the consequences
of people becoming richer, spending more money
and making the economy stronger. And the
observation is made, we're aware of the fact
that if any one of these factors collapse that
1311
whole house of cards will also collapse.
Do we know what we're playing with?
Do you know and what we know and appreciate
what the risk is if we act imprudently?
We are aware that these factors are
vulnerable. Have you reflected on the fact
that wages have risen, people are spending
their new wealth by selling stocks or
borrowing against it? And savings and
liquidity is not very robust.
The stock is not actually
collateral in the borrowing process. And the
confidence is placed in the belief that homes
as collateral may be sold to repay if
necessary.
The stock market has become a way
of extracting equity from housing and it is at
its highest level according to the federal
reserve and the reputable Jerome Levy
institute.
Since the economic slow down in
Europe, Asia and Russia, as I said before, the
run off benefits sometimes increase our
ability to purchase foreign commodities at
bargain prices. They are plain inference that
1312
this condition will not rest and the height of
folly that we could engage in as I have said
to many of my acquaintances and people in
discussing this, we should not play Russian
roulette with the economic and fiscal
integrity of the people of this state and we
will be doing exactly that, not by some of the
disputes that we may have and some of the
differences we may have in ordering our
priorities within the limitation of our
avails. But by engaging in the folly that was
passed in its aggregated by the Assembly.
The perpetual motion economy was a
headline that was in the Times weekend review.
The stronger it gets the sweater the palms, so
the hands that are on the throttle are not
sweating, if you act prudently. If you don't
act prudently. But if you say full speed
ahead under those circumstances where there
are so many voices pleading us -- pleading
with us to be realistic, to face up to our
responsibilities, then indeed we have a
serious problem to answer to before we become
speculative and reckless.
I would suggest that the commitment
1313
that you are making not foreclosing other
options and reordering priorities because that
is the objective that we all have to be able
to address them, but to bring this process in
the context of responsibility to do it so we
can move forward to the conferences and make
those orderly decisions.
I believe each and every one of you
have a serious sense of responsibility with
respect to the events that are taking place.
I believe that each and every member of this
house is anxious to see the process go forward
under the aegis of conferences responsibly
conducted. And you have your motions and you
have your amendments. This is all part of a
process. I'm not against saying that. But
let's keep our eye on the big picture. Let's
keep our eye on those awesome considerations
that we must engage in before we go willy
nilly and spend billions beyond that which can
be reasonably predicted under any given
scenario. So I invite your cooperation and I
believe with the historic experience we have
had we're going to get it.
ACTING PRESIDENT KUHL: Senator
1314
Paterson, why do you rise.
SENATOR PATERSON: Mr. President,
would you recognize Senator Nanula?
ACTING PRESIDENT KUHL: Senator
Nanula.
SENATOR NANULA: Thank you, Mr.
President.
I believe there is an amendment at
the desk. I would like to ask that its
reading be waived and I would like to speak on
the amendment.
ACTING PRESIDENT KUHL: Senator
Nanula, there is a resolution amendment at the
desk. Reading of it is waived and you now
have the opportunity to explain it.
SENATOR NANULA: Thank you, Mr.
President.
I want to start by thanking our
esteemed senior member for his economics
lesson. Senator, I only hope that this
economy continues to roll along at least at a
moderate pace, because we in upstate New York,
in particular western New York, have not seen
really any growth unlike so many other parts
of the country and I couldn't imagine a down
1315
turn of the economy and what it could do to us
in the Buffalo area. And with respect to
that, my resolution addresses what I believe
to be an investment in our future. A
restoration of in the engineering services
fund. It is a $63 million piece, and it would
be a restoration of the Governor's cut to last
years funding level.
These dollars are critical to cover
all aspects of design and construction of
roads and bridges on the state's highway and
bridge system. And in my opinion it is a
critical restoration for two reasons; number
one, it reinforces the importance of
investment in our New York State
infrastructure, and again with respect to
western New York in particular, but really
across New York State, our infrastructure is
the key to commerce and growth and as well
with respect to the federal T-21 funding, it
is absolutely critical that we, as a result of
the T-21 federal funding that our Governor,
Governor Pataki, fought to get out our pieces
for in New York State that we'll be receiving
next year in the year 2000, that that funding
1316
we have done the infrastructure work for,
meaning we have designed the infrastructure,
we have engineered for the roadside and
bridges. This funding in effect will leverage
significant additional investment in
facilitating construction in this state.
It is a responsible restoration and
it is one that is critical to not only the
infrastructure of our state but the future of
our economy in New York. With that, I thank
you, Mr. President.
ACTING PRESIDENT KUHL: Any other
members wishing to speak in the amendment?
The question is on the amendment to
the resolution. All those in favor, signify
by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
1317
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Paterson.
SENATOR PATERSON: Mr. President,
would you please acknowledge Senator Smith?
ACTING PRESIDENT KUHL: The chair
recognizing Senator Smith.
SENATOR SMITH: Thank you. Mr.
President, I believe there is an amendment at
the desk. I request that the reading of the
amendment be waived and I would like to be
heard on the amendment.
ACTING PRESIDENT KUHL: If you
will give me just a minute Senator, let me
just take a quick look at the proposed
amendment.
Senator Smith, the reading of the
amendment is waived and your now afforded the
opportunity to explain it.
SENATOR SMITH: Thank you, Mr.
President.
I believe that this amendment to
the transportation budget is self explanatory.
First, it increases a total transit aid of 95
million, which would eliminate the one person
1318
trains for the New York City transit authority
operation for the amount of $5 million. It
would also increase the school fair assistance
program for young people for the New York City
transit authority in the amount of 15 million.
It also would give additional
transit aid to downstate in the amount of $50
million, and to upstate in the amount of $25
million, but I would like to add that the fund
balances of the ENTOA funds would cover that
$75 million, which would not really be an
increase to the budget.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Hearing none, the question is on
the amendment. All those in favor, signify by
saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll, record the party
line votes and announce the results.
(The Secretary called the roll.)
1319
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost. Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President. I believe there is an
amendment at the desk. I would ask that its
reading be waived and I would ask to explain
the amendment.
ACTING PRESIDENT KUHL: If you
will give me just a minute, Senator.
Senator Dollinger, I will direct
the clerk to waive the reading of the
amendment and you are now afforded the
opportunity to explain.
SENATOR DOLLINGER: Thank you,
Mr. President.
This amendment has two parts. Two
years ago, in 1997, when we didn't have a
booming economy, it was still growing, we took
$200 million from nursing homes and hospitals
through cost containment measures. We pinched
them because we didn't have the funds.
What this amendment seeks to do is
to restore those $200 million in Medicaid cuts
1320
to nursing homes and hospitals because this
year we do have the money to pay those and we
ought to pay our past bills, give back to
people that we took something from, give back
to our hospitals and nursing homes the ability
to care for the people in this state to the
tune of $200 million before we announce
billions of dollars in tax cuts.
And secondly what this amendment
does is this amendment keeps a promise that we
made to local communities that we all
represent. The Governor proposed reducing the
states contribution to Medicaid and increasing
local communities. That's known as cost
shifting. That is known as an unfunded
mandate. That is known as shifting part of
our responsibility, something we paid for to
require local counties to pay for by raising
their property taxes. This amendment would
restore the state share to 25 percent keeping
our promise to local communities. It is
$228.5 million, Mr. President, and I strongly
suggest, lets keep our promise to local
communities and lets give back to the
hospitals and nursing homes whom we took funds
1321
from and effected their quality of care, lets
give it back to them now this year when we can
afford to do it.
I move the amendment, Mr.
President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Hearing none, the question is on the
amendment.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll, record the party
line votes and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Gentile.
SENATOR GENTILE: Mr. President,
I believe there is an amendment at the desk.
I ask that the reading be waived and allow me
1322
to explain.
ACTING PRESIDENT KUHL: If you
will give me just a minute.
I direct the clerk to waive the
reading and you are now afforded an
opportunity to explain it.
SENATOR GENTILE: Thank you, Mr.
President.
As of January 1st this year we have
a new form of refugee in New York among our
senior population, those are the HMO refugees,
those seniors, 55,000, seniors in the State of
New York who were dropped by their HMOs as of
January 1st of this year. Many of those
55,000 seniors cannot afford a drug
prescription plan. As a result we now have
tens of thousands of seniors without drug
prescription coverage. And when that happens
we have a choice between seniors buying food
or buying drugs. Let not that be the choice
here in New York State.
The amendment that I propose raises
the EPIC pharmaceutical drug program
eligibility limit to $30,000 for individuals,
$35,000 thousand for couples. Under those
1323
limits, which is something we can afford in
this state, many of those seniors who were
dropped as of January 1st by their HMOs can
join this program.
It is an on going, running program.
It is something that we should do for our
senior population. Let not this state turn
its back on the seniors who can not afford a
drug prescription program.
I ask you, Mr. President and the
rest of this body to vote for this amendment.
ACTING PRESIDENT KUHL: Is there
any other Senator wishing to speak on the
amendment? Hearing none, the question is on
the amendment.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll and record the
party line vote and announce the results.
(The Secretary called the roll. )
THE SECRETARY: Ayes 24, nays 35.
Party vote.
1324
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. I believe that there is an
amendment at the desk.
ACTING PRESIDENT KUHL: Senator
Duane, give me just a moment and let me take a
look at your proposed amendment.
SENATOR DUANE: As you do that, I
would request that the reading of the
amendment be waived.
ACTING PRESIDENT KUHL: Would you
would like an opportunity to explain it too?
SENATOR DUANE: Very much so.
ACTING PRESIDENT KUHL: I direct
the Secretary to waive the reading of the
amendment and you are now afforded an
opportunity, Senator, to explain the
amendment.
SENATOR DUANE: Thank you, very
much.
This amendment would, for the most
part, restore funds for programs for families
and seniors and community health services that
1325
were vetoed last year and in a few instances
for programs it would add a modest additional
amount of money in addition to what the
Majority already has in their proposal.
I think that these services
provided by these programs are so critical
that we must include them in our budget plan.
ACTING PRESIDENT KUHL: Is there
any other Senator wishing to speak on the
amendment? Hearing none, the question is on
the amendment.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll, record the party
line vote and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
1326
President, I believe there is an amendment at
the desk and I would request the reading of
the amendment be waived.
ACTING PRESIDENT KUHL: I direct
that the reading of the amendment be waived
and you are now afforded an opportunity to
explain the amendment.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
The amendment that I am offering is
very small. I think if there is one theme
throughout the amendments that the Minority is
offering today is a theme of investment,
investment in most cases in the economic
health of our state.
The amendment I am offering is a
million dollars for a different kind of
investment. It is really an investment in
saving lives. It is a small amount of money
in the context of the State Budget, but this
is an amendment that I think is very
important. It would provide for safety
equipment at family planning clinics, bullet
proof glass, bomb detection equipment, and
other things that unfortunately are necessary
1327
in our state because of the continued violence
against the providers and recipients of
reproductive health services.
I am hopeful hope that we will take
other steps in this session to protect the
doctors and the workers and the women who are
attempting to exercise their constitutional
rights and who deserve the treatment in the
State of New York, the protection of the State
of New York as law abiding citizens, but I
think this amendment will be a very important
step and a signal that we are not silent on
this is issue and that people should not have
to risk being shot or blown up and that we do
take the rule of law in this state very
seriously.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Hearing none, the question is on the
amendment.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT KUHL: The
1328
Secretary will call the roll, record the party
line vote, and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35,
party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
The chair recognizes Senator Waldon
for the purposes of an amendment.
SENATOR WALDON: Thank you, very
much, Mr. President.
I believe there is an amendment at
the desk. I ask that its reading be waived
and I respectfully request an opportunity to
explain the amendment.
ACTING PRESIDENT KUHL: Senator,
if you will just give me a couple seconds
here. Senator Waldon, I will direct that
Secretary waive the reading of the proposed
amendment and you are afforded an opportunity
to explain.
SENATOR WALDON: Thank you very
much, Mr. President. My colleagues, I have a
golden opportunity for our chamber. We can do
something that is only is not -- is righteous,
1329
but is right. This is something that will
save lives into the millennium. If there is
ever a time that we needed to look at
diversity training amongst our police it is
now. Post Diallo, plus a whole host of other
confrontations with our police departments not
only in New York City but across the state.
The district I represent alone can be
characterized as a polyglot. There is just so
many languages in the district, so many
cultures represented. Now, I think that is
true across the width and breadth of New York
State. Our police need to know more about the
people they are constitutionally bound to
serve. We need to have also more community
policing grants for our police officers so
that the CPOP teams in uniform will get to
know the people they serve. O. W. Wilson and
all the great writers in law enforcement say
that when uniformed officers have a chance
interface constantly with the people they
serve they are able to render better service.
And I believe we need to enhance that in New
York State at this time. The fastest growing
population in our criminal justice system is
1330
our youth and if we are to interdict that
problem we need to create very creative
situations for our youth to occupy themselves.
My grandmother Maude Barbara Wallace said,
"idle hands is the devil's playground." And I
believe that is true even in 1999. And so if
we can have creative programs in the schools
that last not just until 7:00 but until
midnight and after. If we can have centers
everywhere a young person needs to involve him
or herself, we will go a long way in
preventing bad decisions being made regarding
the criminal justice system. And I believe
that our woman and children who suffer
constantly in this state from domestic
violence, need to have a friend. And we, the
Legislature can be that friend. And I want us
to creates 375 additional beds for them and
the necessary legal services to ensure that
the battered woman and children of this state
are adequately cared for. And I offer this
for our consideration more mere pittance,
$26.45 million. I ask my colleagues to join
me in taking care of business on behalf of the
youth and the mothers and children of this
1331
state. Thank you very much, Mr. President
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Hearing none. Question is on the amendment.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll, record the party
line votes and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: Amendment
is lost. The chair recognized Senator
Oppenheimer for the purposes of an amendment.
SENATOR OPPENHEIMER: Do you have
the amendment at the desk -
ACTING PRESIDENT KUHL: We do,
Senator.
SENATOR OPPENHEIMER: Okay. Then
I -- I would request that the reading would be
waived and I would explain it.
ACTING PRESIDENT KUHL: The
1332
reading of the amendment is waived, Senator,
and you are now afforded an opportunity to
explain it.
SENATOR OPPENHEIMER: Well,
unlike my previous colleague, mine is not a
pittance, mine is big, but it is important.
It's $407 million this amendment. I -- I
concur completely with Senator Marchi who said
that we have to be responsible and not be
reckless. But I can't believe that there is a
better investment in the world than investing
in the kids of our country and our state.
What this amendment would do is it would deny
the block grant. Many of us know that block
grant is merely a synonym for funding
reduction. That's always been true and
probably always will be. This amendment would
add school aid, the amount of $300 million.
That is amount that would be there were the
formula and categoricals brought forth into
this year and not reduced. This would also
include $91 million which would be for teacher
centers and teacher support aid. I do not
know how these teachers would be able to teach
to the new standards if they are not given
1333
assistance themselves. And as far as
technology, our teachers certainly need the
assistance in the technological advancements.
Without teacher centers and without teacher
support aid, this isn't going to happen. And
the last piece is $156 million and that's for
universal pre-k, for day -- full-day
kindergarten for minor maintenance at schools
and for class size reduction. We made a
commitment last year we said there would be a
program for these for items for four years.
And here we are, one year later saying,
whoops, we must have made a mistake. I can
only tell you that in my school districts,
several of my school districts did start pre-k
and they are at a total loss to figure out
what are they going to do now that the state
has turned it's back on them. So I say make
your reductions where you want to, but please
do not reduce our investment in our children.
ACTING PRESIDENT KUHL: Any other
Senator wish to speak on the amendment?
Hearing none, the question is on the
amendment.
SENATOR PATERSON: Party vote in
1334
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: Secretary
call the roll and record the party line votes,
announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: Amendment
is lost. The chair recognized Senator Hevesi
for the purposes of an amendment.
SENATOR HEVESI: Mr. President, I
believe there is an amendment at the desk. I
request that the reading of the amendment be
waived and that I be heard on the amendment.
ACTING PRESIDENT KUHL: Senator,
the amendment is at the desk. I direct the
Secretary to waive the reading of it and you
are now afforded the opportunity to explain
the amendment.
SENATOR HEVESI: Thank you, Mr.
President. Mr. President, this is the largest
of the amendments that we are offering up
today. This amendment would allocate $600
1335
million in consideration of prior year school
aid receivables. I have been heard on this
issue before on the floor of this institution.
New York City is owed 700 -- owed a minimum of
$725 million of prior year school aid. And
many, many school districts throughout the
State of New York, all over the state are all,
are owed in the aggregate $95.3 million.
$95.3 million. Compounding this problem the
executive budget this year includes a woefully
inadequate $36 million in consideration of
these receivables. And New York City with 88
percent of the claims currently pending is
capped at 40 percent of the allocation.
Making matters even worse if the City of New
York does not receive $39 million by June 30th
of this year, the New York City Board or
Education will forfeit, write-off $39 million.
Mr. President, we face extraordinary
educational challenges. We are trying to
implement universal pre-k. We are trying to
reduce class sizes. We are trying to reduce
student-teacher ratio we are trying to better
prepare our students for the standards that we
have recently and wisely implemented. And
1336
most pressingly Mr. President, we have a
crisis in overcrowding in my home county.
There are currently 22,000 students that do
not have seats in the classroom and over the
next five to seven years we are getting an
additional 60,000 students into the classroom.
The amendment before us today is not a New
York City aid package. I will remind
everybody in this institution that this
package will provide money immediately that is
due for counties throughout the entire state
including $1.1 million, for example, for the
Binghamton school district, $1.6 million for
the Auburn school district, $207,000 for
Northern Adirondack school district. And in
conclusion, this proposal today, a $600
million allocation does a series of things
that we must move in the -- in the direction
of doing, including reducing the state's
long-term obligations. At the same time that
we correct an injustice that has been before
us for many years. And lastly, allocating
those funds as a consequence of this policy to
address our most pressing educational
challenges where ever they are in the state of
1337
New York. I move that this motion be adopted
and that my colleagues support it. Thank you.
ACTING PRESIDENT KUHL: Is there
any other Senators wishing to speak on the
amendment? Hearing none, the questions on the
amendment.
SENATOR LACKMAN: I have an
amendment at the desk, Mr. President.
ACTING PRESIDENT KUHL: Hold on
just -
SENATOR LACHMAN: Oh.
ACTING PRESIDENT KUHL: Hold on,
Senator. Senator, let's take a vote. The
question is on the amendment.
All those in favor signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: Secretary
will call the roll and record the party line
votes announce the result.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
1338
Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost. Chair recognizes Senator
Lachman for the purposes of an amendment.
SENATOR LACHMAN: I have an
anticipatory amendment at the desk, Mr.
Chairman, and I request that the reading be
waived and I be heard on the amendment. Okay.
We in New York State -
ACTING PRESIDENT KUHL: Senator
Lachman, Senator Lachman, excuse me, just -
I'm checking just to see that it is germane to
the issue before the house. Okay. So give me
just a minute. Senator Lachman, I will direct
the Secretary to waive the reading of the
amendment. You are now afforded an
opportunity to explain the amendment.
SENATOR LACHMAN: I thank you,
Mr. President. We in this chamber are justly
proud of SUNY, the largest state public
university in the nation and CUNY the largest
university in urban area in the nation. But
quantity is not the sole measure of greatness.
It's quality. And even though there are -
have been some restorations, there can be more
1339
restorations. We want to maintain these two
jewels in our state. Now, my amendment which
is an addition of $25 million, accomplishes
many things. But want to stress on thing and
one thing only, the Republican Majority in
this chamber last year added an additional 150
faculty positions to SUNY and an additional
150 faculty positions to CUNY. And I'm just
asking you, appealing to you to exercises the
same wisdom that you did in '98, in '99.
Please, we need these faculty positions even
more than that. Thank you.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Hearing none, the questions on the amendment.
All those in favor signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: Secretary
will call the roll, record the party line
vote, announce the results.
(The Secretary called the roll.)
1340
THE SECRETARY: Ayes 24, nays 35,
party vote.
ACTING PRESIDENT KUHL: Amendment
is lost. Senator Lachman for purposes of an
amendment.
SENATOR LACHMAN: This amendment
that I'm requesting that the reading be waived
and be heard on deals with community colleges.
As you can see I believe you have it at the
chair.
ACTING PRESIDENT KUHL: Senator
Lachman, it does appear to be germane so I
will direct the Secretary to waive the reading
of the amendment. You are afforded an
opportunity to explain the amendment.
SENATOR LACHMAN: Okay. This is
an amendment that will only cost $28.5
million. It concerns community colleges in a
very important way. The New York State
community colleges charge the second highest
tuition in the nation and this is outrageous,
because this is a means of upward mobility to
enter the middle class. This is also a means
of fueling the economies of many communities
in the state. And what my amendment does,
1341
very briefly, is it attempts to eliminate any
future increase in tuition for students
attending community colleges. Initially there
was an unspoken agreement of a one-third,
one-third, one-third, state-local-student
participation in funding community colleges.
This no longer exists. It's imperative that
we have as many young people entering the
middle class, entering the main stream as
possible, and the community colleges of this
state, both SUNY and CUNY are the vehicle for
this. Thank you.
ACTING PRESIDENT KUHL: Any other
member wishing to speak on the amendment.
Hearing none, the question is on the
amendment. All those in favor signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: Secretary
call the roll, record the party line vote,
announce the results.
(The Secretary called the roll.)
1342
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: Amendment
is lost. Chair recognizes Senator Stachowski
-- excuse me, Senator Dollinger for the
purposes of an amendment.
SENATOR STACHOWSKI: Thank you
very much, Mr. President. I believe there is
an amendment at the desk. I'd ask that it's
reading be waived and that I'd be heard on the
amendment.
ACTING PRESIDENT KUHL: Waive the
reading of the amendment. Senator Dollinger
now afforded the opportunity to explain the
amendment.
SENATOR DOLLINGER: Mr.
President, I take my lead from Senator Marchi,
who talked about a historic moment. Fire, the
alphabet, Gutenberg press and the computer.
Probably the four most important things that
have happened to mankind that we can now see
the benefit of. Fire that got us started.
The alphabet which brought us language. And
printing, and the concept of transmission by
paper. The Gutenberg press, which
1343
revolutionized the way we think and the way we
look. And computers, which are radically
changing this continent, this planet, and in
fact, our whole perception of ourselves. The
amendment is simple, Mr. President. It takes
the same principal we've used with respect to
clothing and use it for computers. They're so
important to education of our children. So
important to an understanding of our world.
So important to our ability to communicate
that for one week every year, we ought to give
everybody that buys a computer that is worth
less than $2,000, a one-week sales tax
holiday. Give then $160 savings on their
computer so that they can buy the portal to
the 21st century that Senator Marchi talked to
us standing on the verge of. If we want to
get to the 20th century, get there quicker and
be sure that this insure state and students in
it and the families in it are ready for that
century, let's encourage everybody to buy a
computer. Let's give them a one-week sales
tax holiday on the purchase of a computer so
that we'll prepare New Yorkers for the 21st
century. That's my amendment and I move it,
1344
Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment
hearing none the question is on the amendment.
All those in favor signify by
saying aye.
Opposed, nay.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll, record the party
line votes, and announce the result.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost. The chair recognizes
Senator Stachowski for the purpose of an
amendment.
SENATOR STACHOWSKI: Mr.
President, I believe I have an amendment at
the desk.
ACTING PRESIDENT KUHL: There is
1345
one, Senator.
SENATOR STACHOWSKI: I would like
to request that I waive the reading and that I
be heard on the amendment.
ACTING PRESIDENT KUHL: I'll
direct the Secretary to waive the reading of
the amendment. You are now afford the
opportunity, Senator Stachowski, to explain
the amendment.
SENATOR STACHOWSKI: This
amendment would eliminate what is known as a
turnover tax on business. Turnover taxes are
taxes that are charged on either other goods
or services that are used to produce the
product that businesses then in turn sells.
This turnover tax as it currently exists in
New York is an unfair -- unfair business tax
on the businesses that are located in New York
and gives them an unlevel playing field when
competing with out-of-state business on
bidding contracts and just the everyday sales
of their products. This amendment would
eliminate these turnover taxes and make
business better in New York State, therefore I
move the amendment.
1346
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Hearing none the question is on the amendment.
All those in favor signify by saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
THE PRESIDENT: The Secretary
will call the roll, record the party line
votes, announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: Amendment
is loss. The chair recognizes Senator
Stachowski for the purposes of an amendment.
SENATOR STACHOWSKI: Mr.
President, I believe I have another amendment
at the desk.
ACTING PRESIDENT KUHL: There is.
SENATOR STACHOWSKI: I would also
like that waive that -- the reading of that
amendment and be heard on it.
ACTING PRESIDENT KUHL: The
1347
reading of the amendment is waived. Senator
Stachowski, you are now afforded the
opportunity to explain it.
SENATOR STACHOWSKI: Now, in the
package that was presented to us by the
Majority, they took out part of the truck tax.
The problem with only taking out a part of the
tax is the same problem we had last year with
the truck tax. And that is if you leave part
of it in, then they still have all the
paperwork. The biggest objection they have
was never the money. It was the paperwork.
So by taking out another portion of it and
still leaving a portion of it existing, we
still leaving them with all that paperwork and
all those headaches. And the fact is that
out-of-state truckers don't have to do that
paperwork and some New York truckers just
ignore doing and don't fill the requirement
and don't pay the tax. What the trucker
brought to us this year and what this
amendment includes is revenue neutral position
where they would pay an increased fee at
registration in exchange for the removal of
this tax. This is a good idea. It is revenue
1348
neutral. I don't understand why it wasn't
included in your package. It was proposed by
the truckers themselves. So you know they are
not against it. And therefore I move the
amendment.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Hearing none the question is on the amendment.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: Secretary
call the roll, record the party line votes,
announce the results.
(The Secretary calls the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: Amendment
is lost. Chair recognizes Senator Gentile for
the purposes of an amendment.
SENATOR GENTILE: Mr. President,
I believe there is an amendment at the desk.
ACTING PRESIDENT KUHL: There is.
SENATOR GENTILE: I ask that the
1349
reading be waived and allow me to explain.
ACTING PRESIDENT KUHL: The
reading of the amendment is waived, Senator,
and you are now afforded the opportunity to
explain the amendment.
SENATOR GENTILE: Thank you, Mr.
President. This amendment would repeal the
sales tax on clothing and shoes effective
January 1st of 2000. We have all seen over
the last several years that the sales tax free
weeks have worked. The experiments have
worked. The -- it has been good for business,
for small businesses. It has been good for
consumers, it has been good for families. And
most of all it has been good for our economy.
Indeed, the sales -- the repeal of the sales
tax during the sale tax free weeks that we've
had has shown that we can create as many as
20,000 new jobs in New York City alone, just
20,000 new jobs by repealing the sales tax on
clothing and shoes. It is time we stop the
experiments and make it a permanent repeal,
completely repeal the sales tax on clothing
and shoes. Call it my conservative view but
my conservative view is that creating jobs in
1350
the free market is a much better jobs program
and a much better use of those sale tax
dollars then giving those dollars to the
government and allowing the governments decide
how to spend it. Give the money back to the
people. So I ask you to join me and my
colleagues on this side of the aisle and
Republican mayor Rudy Guiliani and Staten
Island borough president, Guy Molinari, in
calling for the repeal of the sales tax on
clothing and shoes.
ACTING PRESIDENT KUHL: Is there
any other Senator wishing to speak on the
amendment? Hearing none the question is on
the amendment.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: Secretary
call the roll, record the party line vote,
announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
1351
THE PRESIDENT: Amendment is
lost. Chair recognizes Senator Gonzalez for
the purposes of an amendment.
SENATOR GONZALEZ: Mr. President,
I request that the amendment -- the reading of
the amendment be waived and that I would be
heard on the amendment.
ACTING PRESIDENT KUHL: Senator
Gonzalez, I'll direct the Secretary to waive
the reading of the amendment. You are now
afforded an opportunity to explain the
amendment.
SENATOR GONZALEZ: Thank you, Mr.
President. Very short and sweet. Eliminate
the marriage penalty by increasing the
standard deduction for married joint filers
from 13,000 to 15,000. Thank you Mr.
President.
ACTING PRESIDENT KUHL: Any other
senator wishing to speak on the amendment?
Hearing none the question is on the amendment.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
1352
ACTING PRESIDENT KUHL: Secretary
call the roll, record the party line votes,
announce results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: Amendment
is lost. The chair recognizes Senator
Stachowski for the purposes of an amendment
does.
SENATOR STACHOWSKI: Mr.
President, I believe I have an amendment at
the desk. I request that that amendment be
waived -- that the reading be waived and that
I be heard on it.
ACTING PRESIDENT KUHL: The
Secretary will waive the reading of the
amendment. Senator Stachowski, you are now
afforded an opportunity to explain the
amendment.
SENATOR STACHOWSKI: As many in
this room will remember last year the Senate
Minority brought forth an idea to cut the
energy taxes on farmers, a rebate so to speak
on any expense incurred by farmers in using
1353
different energies, for example, oil or gas.
ACTING PRESIDENT KUHL: Senator
Stachowski, excuse me just a minute.
SENATOR STACHOWSKI: Yes.
ACTING PRESIDENT KUHL: It is
getting awfully noisy. We have members out of
their seats and talking. We have staff
running back and forth. So let's just get a
little control in this chamber. Thank you.
Senator Stachowski.
SENATOR STACHOWSKI: To continue.
This would be a rebate to farmers who would
help them. As you know agriculture is still
our number one industry. One of the largest
expenses that farmers incur is their energy
cost. The cost of electricity, natural gas,
gasoline, oil and other energy products
continue to rise while often times the money
that farmers get for their products doesn't.
So giving them a rebate, this 10 percent
credit that we call for in this amendment is a
very good idea. It would be a great stimulus
to the agricultural industry, a great help to
our family farms and all farms in the New York
State. And I think that it was a good idea
1354
last year and it's a great idea this year. So
therefore, I move for the amendment.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment?
Hearing none, the question is on the
amendment.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
THE PRESIDENT: Secretary will
call the roll, record the party line votes,
and announce the results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
THE PRESIDENT: The amendment is
lost. The chair recognizes Senator Montgomery
for the purpose of an amendment.
SENATOR MONTGOMERY: Yes, Mr.
President, I believe you have an amendment at
the desk.
ACTING PRESIDENT KUHL: I do,
Senator.
SENATOR MONTGOMERY: I request
1355
that the reading of the amendment be waived
and I would like to be heard on the amendment.
ACTING PRESIDENT KUHL: Reading
of the amendment is waived. Senator, you are
afforded an opportunity to explain the
amendment.
SENATOR MONTGOMERY: All right.
My amendment is to the -- amend the tax -
tuition tax break in our budget. As we know,
tuition payments advance an educated and
skilled citizenry and work force. It improves
the economic development and standards of
living in our state. And affords an
opportunity to higher education for people in
our state no matter what their income. So my
amendment would simply allow tuition payments,
under the tuition tax break program to be
excluded from income. My amendment would make
it a fairer and simpler process and thereby
more accessible by taxpayers in our state.
ACTING PRESIDENT KUHL: Any other
senator wishing to speak on the amendment?
Hearing none, the question is on the
amendment.
SENATOR PATERSON: Party vote in
1356
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: Secretary
call the roll, record the party line vote,
announce results.
(The Secretary called the roll.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost. The chair recognizes
Senator Onorato for the purposes of an
amendment.
SENATOR ONORATO: Mr. President,
I believe there is an amendment at the desk.
I request that the reading of the amendment be
waived and I would like the opportunity to
explain my amendment.
ACTING PRESIDENT KUHL: This one
is definitely germane, Senator. And your
reading is waived and you are afforded the
opportunity of explaining the amendment.
SENATOR ONORATO: All right.
Thank you Mr. President. Due to the, you
know, the rising cost of entertainment today,
1357
it is becoming increasingly difficult for our
people of our state to entertain themselves at
the few available public beaches and parks
throughout the state. My amendment would
reject the Governor's proposal to increase the
day use of parking fees from $4 to $5 at most
parks. And from $5 to $7 at most beaches. It
would also reject the Governor's proposal to
increase the annual charge for Empire
passports from $39 per car to $49 per car.
And also to reject the Governor's proposal to
double pool admissions fees from the current
$1 for adults and 50 cents for children. It
would double our rates. But most importantly,
the Governor also plans to propose an
increases of golf fees by 20 percent and to
create an additional $10 golf surcharge on
nonresidents. I think this is reprehensible,
Mr. President, and I urge that we adopt this
resolution.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the amendment.
Questions on the amendment.
SENATOR PATERSON: Party vote in
the affirmative.
1358
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT KUHL: Secretary
, call the roll, record the party line votes,
announce the results.
(The Secretary called the role.)
THE SECRETARY: Ayes 24, nays 35.
Party vote.
THE PRESIDENT: The amendment is
lost. The chair recognizes Senator Stachowski
to close for the Minority on the resolution.
SENATOR STACHOWSKI: Mr.
President, I rise to close for the Minority on
the resolution. I think that, although we
believe that our package of amendments had
some good ideas, and we are sorry that they
all lost, we hope that the mention of all of
them will at least be fresh in everybody's
mind when we start the conference committees.
And that some of them or at least part of them
will move forth in conference committee
procedure. We think that the package in front
of us is an improvement over the Governor's
budget as a whole. We like some of the
increases. In some cases obviously we wish
1359
they were more. But any increase is better
then the sever cuts that the Governor proposed
in his budget to many of the areas of the
budget that we have to deal with as we have
been hearing from all our constituents that
have been coming up. For example, today when
we had the students up and the library people,
people from the colleges. There is cuts all
over. There is some put backs here. It's a
good starting point. We look forward to
moving ahead with the budget process. We are
anxiously awaiting the start of the conference
committees and hopefully we can do the same
good work we did last year only without the
bad result of the Governor's vetoes that took
out all of the good work that we did. And
hopefully if he should veto it, that this year
will return to override many of those vetoes
and put back the things if we happen to do the
good work that we did last year. So with that
I would like move that we -- we help with
this. This is a good package. I think that
I'm going to support it. I know that Senator
Connor already said that he was going to
support it. Thank you Mr. President.
1360
ACTING PRESIDENT KUHL: Senator
Stafford to close for the Majority.
SENATOR STAFFORD: Thank you, Mr.
President. They have me closing because I'm
brief. We are closed.
(Applause)
ACTING PRESIDENT KUHL: Secretar
y, call the roll.
SENATOR STAFFORD: Mr. President,
I believe we are not supposed to applaud in
the chamber, but thank you. I would just
second what has been said very well here
today. Mr. President, it is a very complex
state. We have to be very, very carefully
that we don't get discouraged and we don't get
is cynical. I share with you very briefly,
that although there are sever differences to
the point that we feel there are certain
proposals that have been made here that are
irresponsible -- and I say that. Still, where
we are in the budget process right now -- and
I mean this -- is so far ahead of where we
were 30 years ago when we used to consider
this issue. Granted we have to sit down now
on the anvil of discussion, on the anvil of
1361
reason and get this done. As has been
mentioned very clearly here, we acknowledge
work to be done in education, work to be done
in health care, work to be done in the
infrastructure. That will be done. Mr.
President, I close by reminding us that many
of us were here when this locomotive -- if we
want to call the state that -- when the engine
was about ready to run out of fuel. That we
remember that. When rather than arguing about
a 2 to $3 billion deficit that we are arguing
about today, we were talking about a 5 -
excuse me. 2 to $3 billion surplus that we're
arguing about today. We were talking about a
5 sometimes $6 billion deficit and this state
was going down the drain. We simply could not
function and I says to all who are so
concerned about this budget -- and they should
be -- that unless we have reason and
sensibility and don't fall for any
irresponsibility. We will not be able to meet
the needs of this state so many that have been
mentioned today. So with that I move the
resolution and has been mentioned on both
sides of the aisle, we're moving toward
1362
getting the job done. Thank you.
ACTING PRESIDENT KUHL: Secretary
, call the role on Resolution 765.
(The Secretary called the roll.)
THE PRESIDENT: Senator Padavan,
explain his vote.
SENATOR PADAVAN: Thank you, Mr.
President. And knowing how long and hard
we've deliberated on this issue, I will be
very brief. The Majority leader earlier
started this discussion by saying that this
plan that is before us, the resolution, is
both prudent, reasonable, and a proper
approach. And I fully agree with that and
comments made by our distinguished chairman of
finance obviously were right to the mark. And
the characteristically intellectually superior
observations of Senator Marchi were also more
than beneficial to all of us. However, there
is one part of this resolution that is neither
prudent nor desirable. And that relates to
the continuation of something that is called
Quick Draw. Quick Draw as you all know is a
Keno game played in casinos. Several years
ago it was adopted by this Legislature for the
1363
benefit of those new members by tying it
together with a tax cut bill. Because most of
us, if not virtually all of, found that the
idea was somewhat displeasing to say the
least, it became law. It became law however
with several provisions. One that a report
should be given prior its renewal at its
sunset of three years. So the report to
rendered by the state lottery division in
conjunction with the Office of Mental Health
on the impact of Quick Draw. Well, I haven't
see this report, I assume neither have you. I
will get a report with, but OMH -- and I have
direct communication with the commissioner -
will not have been involved, totally
uninvolved. It will come from a marketing
firm, the Goldfarb and Company under contract
with the state lottery. In addition, the
state counsel on problem gambling was suppose
to be involved, totally uninvolved. And the
director of that agency has communicated with
us and I've shared that with all of you so I
won't bore you by reading it. Simply saying,
this is a big mistake, they haven't done it
and when they do say they've done it, it won't
1364
be worth the paper it is written on. Now the
fact remains, this is not economic
development, the profits from the lottery last
year were $147 million by their accounting.
And that's $147 million worth of problems. 18
percent of the people calling the hot line
that's set up by the counsel relate to the
lottery and quick draw as their problem. The
reason they got to that very critical point,
and I suggest to you anyone who dials an 800
number, pleaing, calling for help, pleading
for help, is in bad shape. The issues here
are rather lengthy and involved. And there
will be a time when we deal with the budget
bills where we will address it once again.
But I just want this body to know and to think
as we work toward that, hopefully, near term
solution to a budget, that Quick Draw should
come to an end. We didn't wanted it in the
first place and we certainly don't want to
continue it for another two years. I will
vote for this resolution, however.
ACTING PRESIDENT KUHL: Senator
Padavan will be recorded in affirmative and
announce the results.
1365
THE SECRETARY: Ayes 58, nays 1.
Senator Duane recorded in the negative. Also
Senator Schneiderman.
Ayes 57, nays 2.
THE PRESIDENT: The resolution is
adopted. Senator Velella.
SENATOR VELELLA: Mr. President,
let there be an immediate meeting of the
Economic Development Committee in the Majority
Conference Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Commerce and Economic
Development Committee in the Majority
Conference Room, Room 332. Immediate meeting
of Commerce and Economic Development Committee
in the Majority Conference Room, Room 332.
SENATOR LARKIN: Do the
non-controversial calendar, Mr. President.
ACTING PRESIDENT KUHL: Sir,
before we do that we have a couple
substitutions at the desk and we return to
motions and resolutions.
SENATOR LARKIN: Excuse me, Mr.
President.
ACTING PRESIDENT KUHL: Return to
1366
motions and resolutions. The Secretary will
read the substitutions.
THE SECRETARY: On page 15,
Senator Trunzo moves to discharge from the
Committee on Transportation, Assembly Bill
Number 5181 and substitute for the identical
Third Reading Calendar 266.
On page 17, Senator Hannon moves to
discharge from the Committee on Civil Service
and Pensions Assembly Bill No. 3440A and
substitute for the identical Third Reading
Calendar 296.
ACTING PRESIDENT KUHL: Substitut
ions are ordered. The Secretary will read the
non-controversial calendar.
THE SECRETARY: Calendar Number
152, by Senator LaValle, Senate Print 27, an
act to amend the Education Law, in
relationship to the membership of professional
licensing boards.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
1367
roll.
(The Secretary calls the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
215, by Senator Alesi, Senate Print 1605, an
act to amend the General Business Law, in
relation to recordkeeping.
ACTING PRESIDENT KUHL: Secretary
read the last section.
THE SECRETARY: Section 7. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
300, by Senator Kuhl, Senate Print 1725, an
act to amend Agriculture and Markets Law, in
relation to duties of the Commissioner of
Agriculture and Markets.
1368
ACTING PRESIDENT KUHL: Secretary
read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes 57, nays 2.
Senators Duane and Oppenheimer recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
301, by member of the Assembly Magee, Assembly
Print 3097, an act to amend the Agriculture
and Markets Law, in relation to making
technical amendments.
ACTING PRESIDENT KUHL: Secretary
read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
1369
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
302, by Senator Kuhl, Senate Print 2728, an
act to amend the Agriculture and Markets Law
and the Vehicle and Traffic Law, in relation
to exempting farm vehicles.
ACTING PRESIDENT KUHL: Secretary
, read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives, announce the results. Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, just to explain my vote, this is a
bill that we -
THE PRESIDENT: Senator Dollinger
to explain his vote.
SENATOR DOLLINGER: We have
1370
debated on a number of occasions and I think
there were a number of my colleagues who voted
against it in the past Senator Breslin,
myself, Senator Kruger, Senator Lachman,
former Senator Leichter, Senator Nanula, and
Senator Stavisky. So we've just -- we'll let
the bill go on the non-controversial calendar
and have them vote and express their's.
ACTING PRESIDENT KUHL: Senator
Dollinger, recorded in the negative.
SENATOR DOLLINGER: Thank you,
Mr. President.
THE SECRETARY: Those recorded in
the negative on Calendar Number 302 are
Senators Breslin, Dollinger, Duane, Kruger,
Montgomery, Schneiderman, and Stavisky. Ayes
52, nays 7.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
303, by Senator Kuhl, Senate Print 2729, an
act to amend the Agriculture and Markets Law,
in relation to the producer referendum under
the Rogers-Allen law.
ACTING PRESIDENT KUHL: Secretary
1371
read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
304, by Senator Johnson, Senate Print 2785, an
act to amend the Agriculture and Markets Law,
in relation to creating an advisory counsel on
seafood policy.
ACTING PRESIDENT KUHL: Secretary
read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1372
310, by Senator Skelos, Senate Print 2622, an
act to amend the Education Law, in relation to
notification to parents of an elementary
school pupil's absence from school.
ACTING PRESIDENT KUHL: Secretary
read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 1st day of
September.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.
THE SECRETARY: Ayes 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
321, by Senator Kuhl, Senate Print 3244, an
act to amend the Vehicle and Traffic Law, in
relation to authorizing the operation of farm
motor vehicles.
ACTING PRESIDENT KUHL: Secretary
read the last section.
THE SECRETARY: Section 2, this
act shall take effect immediately effect.
ACTING PRESIDENT KUHL: Call the
1373
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58, nays 1.
Senate Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
323, by Senator Farley, Senate Print 1917, an
act to amend the Environmental Conservation
Law, in relation to making technical
correction thereto.
ACTING PRESIDENT KUHL: Secretary
read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
THE SECRETARY: Ayes 59.
ACTING PRESIDENT KUHL: The bill
is passed. Senator Montgomery, why do you
rise.
SENATOR MONTGOMERY: Yes, Mr.
President. I would like to have unanimous
consent to be in the negative on Calendar 310.
ACTING PRESIDENT KUHL: Without
1374
objection. Hearing no objection Senator
Montgomery will be recorded in the negative on
Calendar Number 310. Senator Lachman, why do
you rise.
SENATOR LACHMAN: I'd like to
have unanimous consent to be recorded in the
negative on 302.
ACTING PRESIDENT KUHL: Without
objection. Hearing no objection, Senator
Lachman is recorded in the negative on
Calendar Number 302. Senator Larkin?
SENATOR LARKIN: Is there any
other housekeeping at the desk, Mr. President.
ACTING PRESIDENT KUHL: There is
none. The desk is clean.
SENATOR LARKIN: Mr. President,
then I recommend that we adjourned until
Wednesday, March the 24th at 11:00 a.m.
ACTING PRESIDENT KUHL: Without
objection, the Senate stands adjourned until
tomorrow, Wednesday, March 24 at 11:00 a.m.
(Whereupon, at 4:58 the Senate
adjourned.)