Regular Session - April 14, 1999
2055
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 14, 1999
11:10 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary.
2056
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, please.
(A moment of silence was observed.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, April 13th, the Senate met pursuant
to adjournment. The Journal of Monday, April
12th was read and 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.
Reports of select committees.
The Secretary will read the report
2057
from the standing committees.
SENATOR SKELOS: Madam President,
if I could just interrupt for a minute.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Civil Service
Committee in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Civil Service
Committee in the Majority Conference Room.
The Secretary will read reports of
the standing committees.
THE SECRETARY: Senator Volker,
from the Committee on Codes, reports:
Senate Print Number 643-A, by
Senator Nozzolio and others, an act to amend
the Penal Law and the Vehicle and Traffic Law.
Directly for third reading.
THE PRESIDENT: Without objection
the bill will be reported direct to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
2058
Senator Meier.
SENATOR MEIER: Madam President,
on behalf the Senator Saland, on page number
6, I offer the following amendments to
Calender Number 102, Senate Print 1404 and 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
Third Reading Calendar.
SENATOR MEIER: Madam President,
also on behalf of Senator Saland on page
number 30, I offer the following amendments to
Calendar Number 526, Senate Print 3813, and
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
Third Reading Calendar.
SENATOR MEIER: Madam President,
on behalf of Senator Stafford, on page number
26, I offer the following amendments to
Calendar Number 492, Senate Print 4550, and
ask that said bill retain its place on the
Third Reading Calendar.
2059
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
SENATOR MEIER: Madam President,
on behalf of Senator Maltese, I move that the
following bill be discharged from its
respective committee and be recommitted with
instructions to strike the enacting clause,
Senate Print 4425.
THE PRESIDENT: So ordered.
SENATOR MEIER: Madam President,
on behalf of Senator Saland, I wish to call up
Senate Bill Print Number 1013, recalled from
the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Saland, Senate Print 1013, an act to amend the
Family Court Act.
SENATOR MEIER: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will call the roll on reconsideration.
(The Secretary called the roll.)
2060
THE SECRETARY: Ayes 45.
SENATOR MEIER: I now offer the
following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR MEIER: Thank you, Madam
President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there is a privileged resolution at
the desk by Senator Volker. May we please
have it read in its entirety and move for its
for immediate adoption.
THE PRESIDENT: Secretary will
read. Title only.
THE SECRETARY: By Senator
Volker, legislative resolution commending
George Gates for his 42 years of dedicated
service in the field of journalism to be
celebrated on April 14th, 1999.
SENATOR SKELOS: Move its
adoption.
THE PRESIDENT: The question is
on the resolution.
All favor signify by saying aye.
2061
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: At this time may
we please take up the non-controversial
calendar. Madam President, I believe there
are a couple of substitutions if we could do
that first.
THE PRESIDENT: The Secretary
will read the substitutions.
THE SECRETARY: On page 27,
Senator Spano moves to discharge from the
Committee on Labor, Assembly Bill Number 3735
and substitute it for the identical third
reading 499.
On page 35, Senator Goodman moves
to discharge from the Committee on
Investigations, Taxation and Government
Operations, Assembly Bill 2103 and substitute
it for the identical third reading 584.
THE PRESIDENT: The substitutions
are ordered.
2062
SENATOR SKELOS: Now if we could
take up the non-controversial calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
96, by Senator Spano, Senate Print 1370-A, an
act to amend the Labor Law, in relation to
felonies on a public works project.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
175, by Senator Wright, Senate Print 1232-A,
an act to amend the Penal Law, in relation to
including possession of an automated teller
machine card.
THE PRESIDENT: Read the last
section.
2063
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
240, by Senator Farley, Senate Print 2925, an
act to amend the Banking Law, in relation to
increasing the penalty.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
278, by Senator Kuhl, Senate Print 3152, an
act to amend the Tax Law, in relation to
extending the additional one percent rate of
2064
sales and compensating use taxes.
SENATOR DOLLINGER: Lay that bill
aside for a question from Senator Breslin
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
295, by Senator Leibell, Senate Print 2663, an
act to amend the Retirement and Social
Security Law, in relation to the maximum
amount.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
296, by Member of the Assembly Weisenberg,
Assembly Print 3440-A, an act to amend the
Civil Service Law, in relation to the
eligibility to be a police officer.
THE PRESIDENT: Read the last
2065
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.).
THE SECRETARY: Ayes 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
335, by Senator Bonacic.
SENATOR DOLLINGER: Lay the bill
aside for the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
342, by Senator Hoffmann, Senate Print 3541,
an act to amend the Agriculture and Markets
Law, in relation to the assessment of
penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
2066
THE SECRETARY: Ayes 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
368, by Senator Maltese, Senate Print 3704, an
act to amend the Labor Law and the Penal Law,
in relation to the certain employment of
minors.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.).
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, if I
could just speak to explain my vote.
THE PRESIDENT: To explain your
vote, go ahead, Senator.
SENATOR DUANE: Thank you. While
I think the idea of this legislation is noble
and I agree with the intent I do have concerns
about the language in the bill. It seems over
broad to me. I'm not sure that people would
2067
be attending dances or plays where children
would be performing in an obscene way. So
because of those misgivings I am going to vote
no on this.
Thank you, Madam President.
THE PRESIDENT: You will be
recorded as voting in the negative, Senator
Duane.
The Secretary will announce the
results, please.
THE SECRETARY: Ayes 49, nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
384, by Senator McGee, Senate Print 2875, an
act to amend the Public Officers Law, in
relation to residency requirement.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 49, nays 1.
2068
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
407, by Senator Skelos, Senate Print 1022, an
act to amend the Civil Practice Law and Rules,
in relation to causes of action.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
October.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
409, by Senator Meier, Senate Print 1265, an
act to amend the Civil Rights Law, in relation
to the right of public petition.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2069
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
463, by Senator LaValle, Senate Print 1626, an
act to amend the General Municipal Law, in
relation to creating the Town of Southhampton
industrial development agency.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
466, by Senator Farley, Senate Print 2369, an
act to amend the Real Property Tax Law and the
Social Services Law, in relation to holding
social services rent.
2070
SENATOR DOLLINGER: Lay that bill
aside, please, Madam President.
THE PRESIDENT: The bill is laid
aside.
Senator Skelos, that completes the
reading of the non-controversial calendar.
SENATOR SKELOS: I ask you to
take up the controversial calendar, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
278, by Senator Kuhl, Senate Print 3152, an
act to amend the Tax Law, in relation to
extending the additional one percent rate of
sales in compensating use taxes.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Madam
President, through you, will the sponsor yield
to a question?
THE PRESIDENT: Senator Kuhl,
will you yield to a question from Senator
Breslin?
SENATOR KUHL: Certainly.
THE PRESIDENT: You have the
floor, Senator Breslin.
2071
SENATOR BRESLIN: Madam
President, thank you, very much.
THE PRESIDENT: Your welcome.
SENATOR BRESLIN: Senator Kuhl,
has Steuben County made a request for that
extension?
SENATOR KUHL: Senator Breslin,
they have made not only one this year but they
have made several over the course of the last
several years.
They initially made a request back
in, I believe it was 1992, when the county
realized they needed some additional revenues
and in fact they elected to go the sales tax
routine as far as raising that revenue rather
than levy additional real property taxes.
When they made that request they
made really a request for authority to raise
that sales tax, but this Legislature, most
notably the Assembly, would not consent to a
indeterminal length of time for which them to
do that, and insisted that it only be a two
year extension, so the will of the Legislature
was imposed upon the legislature of Steuben
County. So we have to, every year, every two
2072
years come back and ask for reauthorization.
I know that is a long response to
your question, but I thought that you should
best be informed that the Assembly has been
unwilling to grant this authority without any
conditions.
SENATOR BRESLIN: Thank you, very
much, Senator Kuhl. And I tell you that two
years from now, if I am still here, I won't
ask that question.
Thank you, very much, Madam
President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50, nays 2.
Senators Dollinger and Gentile recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
466, by Senator Farley, Senate Print 2369, an
2073
act to amend the Real Property Tax Law and the
Social Services Law, in relation to
withholding social service rents.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
We will waive the explanation of
this bill. This bill has been debated before
at length in this house and I think the spirit
of this legislation is sound. It would be a
way, as we understand it, to insure that
landlords who are in arrears in their property
taxes would pay those taxes.
However, I think nine of my
colleagues in the past have voted against this
bill because the problem is that it does so,
it requires the payment of those taxes or
diverts the payment of those taxes directly to
the municipality, potentially at the expense
of tenants. And the danger is that landlords
will either refuse to rent to tenants in this
situation or they will be unable to adequately
maintain their apartments and it will put
further pressure on their ability to complete
2074
them.
There have been nine of our members
who have voted against it. Senators Connor,
Lachman, Leichter, Markowitz, Montgomery,
Onorato, Paterson, Santiago and Seabrook and I
simply speak on their behalf and would
encourage them to continue to vote their
conscience on this bill.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
Senator Dollinger, I appreciate
that. I did just want to say that the nine
Senators that did vote against it are all from
New York City. New York City is excluded from
this bill. It does not affect the City of New
York.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect or the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar 466 are Senators
2075
Connor, Duane, Lachman, Markowitz, Montgomery,
Santiago.
Ayes 46, nays 6.
THE PRESIDENT: The bill is
passed. Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Thank you, Madam
President.
At this time if we could take up
Calendar Number 492, Senate 4550-A.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
492, by the Committee on Rules, Senate Print
4550-A, an act making appropriations for the
support of government.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity and
appropriation at the desk?
THE PRESIDENT: Yes, Senator
Skelos, there is.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: All in favor of
accepting the messages of necessity and
2076
appropriation, signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay
(No response.)
THE PRESIDENT: The messages are
accepted.
Read the last section.
THE SECRETARY: Section 37. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up Calendar Number 493,
Senate 4551.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
493, by the Committee on Rules, Senate Print
4551, an act making appropriations for the
support of government.
SENATOR SKELOS: Madam President.
2077
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Is there a
message of necessity and appropriation at the
desk?
THE PRESIDENT: Yes, Senator
Skelos.
SENATOR SKELOS: I move to
accept.
THE PRESIDENT: All in favor of
accepting the messages of necessity and
appropriations signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The messages are
accepted.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect April 1st, 1999.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 54, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
2078
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If we could
return to reports of standing committees, I
believe there is a report of the Civil Service
and Pension Committee at the desk. I ask that
it be read at this time.
THE PRESIDENT: Reports of
standing committees, we will return.
The Secretary will read.
THE SECRETARY: Senator Leibell
from the Committee on Civil Service and
Pension reports:
Senate Prints Number 1656-A, by
Senator Spano, an act to amend the Retirement
and Social Security Law;
2079
2076, by Senator Farley, an act to
amend Chapter 729 of the Laws of 1994;
2343, by Senator Volker, an act to
amend the General Municipal Law;
2468-A, by Senator Trunzo, an act
to amend the Retirement and Social Security
Law;
3133, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
3158, by Senator Leibell, an act to
amend the General Municipal Law;
4114, by Senator Spano, an act to
amend the Chapter 666 of the Laws of 1990;
4266, by Senator LaValle, an act to
amend the Education Law and the Retirement and
Social Security Law;
4545, by Senator Leibell, an act to
amend Chapter 41 of the Laws of 1997 relating
to providing retirement incentive.
All bills directly for third
reading.
THE PRESIDENT: Without
objection, bills ordered direct to third
reading.
Senator Skelos.
2080
SENATOR SKELOS: Madam President,
the Senate will stand at ease at this time
pending the report of the Finance Committee.
But I also want to point out to the members of
the Majority that there will be a conference
following session today, a short conference in
the Majority Conference Room.
THE PRESIDENT: The Senate will
stand at ease, and there will be a meeting of
the Majority conference in the Majority
Conference Room immediately following session.
(The Senate stood at ease from
11:31 a.m. until 11:39 a.m.)
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there is a report of the
Finance Committee at the desk. I ask that it
be read at this time.
THE PRESIDENT: We will return to
the report of standing committee.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
2081
following bill directly for third reading;
Senate Print 4584, by the Committee on Rules,
an act making an appropriation relating to
services and expenses.
THE PRESIDENT: Without
objection, bills reported direct to third
reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could call up Calendar Number 591,
Senate 4584, at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
591, by the Committee on Rules, Senate Print
4584, an act making an appropriation relating
to services and expenses.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity and
appropriation at the desk?
THE PRESIDENT: Yes, there is,
Senator Skelos.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: All in favor of
2082
accepting the message of necessity and
appropriation signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(Response of nay.)
THE PRESIDENT: The messages are
accepted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could just wait a minute I believe
Senator Paterson has a couple questions to
ask.
THE PRESIDENT: All right.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If we could now
read the last section on Calendar Number 591.
THE PRESIDENT: Read the last
section.
SENATOR CONNOR: Explanation.
THE PRESIDENT: Senator Stafford,
an explanation has been requested.
SENATOR STAFFORD: Madam
President, as we move through the systems and
as we have these situations that we have at
2083
the present time there are many commitments
made, there are many situations where people
are banking, planning, lives are affected.
And this is an appropriation for a cultural
exchange with Israel and the Harlem Boys Choir
will be able to go to Israel.
It is the understanding of all of
us that this is good for the State. It is
good for the Harlem Boys Choir.
THE PRESIDENT: Senator
Stachowski, why do you rise?
SENATOR STACHOWSKI: As soon as
he finishes explaining, Madam President, I
would like to ask a question.
SENATOR STAFFORD: Go ahead.
THE PRESIDENT: Senator, do you
yield to a question?
SENATOR STAFFORD: Yes.
SENATOR STACHOWSKI: I think he
pretty much explained it.
Madam President, through you, I
would just like to know if the Senator is
aware that if the Harlem Boys Choir has ever
received State money before, and if in fact
without it have they traveled all over the
2084
world?
SENATOR STAFFORD: The
interesting point is I can remember, and it
was a time that a late Stanley Steingut was
speaker, the late Steingut, and it happens, I
don't have that much in my head but believe it
or not I looked at the budget that year and
there was an appropriation for the Harlem Boys
Choir and I would then venture to say that the
answer is in the affirmative.
SENATOR STACHOWSKI: Another
question, Madam President.
THE PRESIDENT: Senator Stafford,
do you yield to an additional question?
SENATOR STAFFORD: Yes.
THE PRESIDENT: Go ahead,
Senator.
SENATOR STACHOWSKI: The question
is that, okay, since they got money once but
we don't know if it was for a trip or if it
was just for some kind of support or whatever,
would you know, would you believe it is true
that they have made trips all over the worlds
without any state money?
SENATOR STAFFORD: I had many
2085
organizations in my district that have made
trips with public funds, without public funds,
with public funds and without public funds,
private funds. So I would say the answer is
yes.
SENATOR STACHOWSKI: One last
question and it probably going to be -- the
answer will be probably be purely conjecture
on Senator Stafford's part, but I would like
to ask him one more question.
SENATOR STAFFORD: I certainly
will answer it.
THE PRESIDENT: Go ahead,
Senator.
SENATOR STACHOWSKI: Thank you,
Madam President.
Senator, do you believe that if
this trip, if this piece of legislation does
not pass and the $60,000 is not available from
the Senate, do you believe that throughout the
whole Jewish community in the City of New York
they might be able to raise $60,000 to send
this choir to Israel since it seems to be of
great interest not only to the Harlem Boys
Choir to go, but also to the people of Israel
2086
and the people from the Jewish community in
New York City that want to send them to Israel
to get them there?
SENATOR STAFFORD: Well, as the
Senator point out, this question does raise
vagaries and viscisitudes [phonetic]. No
question about that.
THE PRESIDENT: Senator Connor.
SENATOR CONNOR: Thank you, Madam
President.
I rise against, to speak against
this bill because I don't subscribe to that
political philosophy that says consistency is
the hobgoblin of small minds. And a week ago,
two weeks ago, whenever, we opposed the money
for the luge on the grounds that it was not
truly an emergency. I think this
appropriation fits into the same category,
worthy though it maybe.
The Harlem Boys Choir is a world
renowned institution. They have traveled
around the world. I am confident that with or
without this bill they will get to make this
trip to Israel. They are not scheduled to go
until May 22nd. I am sure, and I would be
2087
happy to assist in the efforts to -- I don't
mean personally, I mean by making telephone
calls -- I am sure this money can be raised
privately to make sure that this trip takes
place.
I think if you have been reading
the press and the rhetoric of the last three
days, my colleagues, I think we all understand
the attempted political squeeze play here, the
attempt to embarras the Speaker and other
people.
Frankly it is sophomoric. It is
really -- I have to believe it is some junior
staff member on the second floor who thinks he
or she is a great political genius, and Oh
Boy, this is one Shelly Silver is going to get
stuck with, it is the Harlem Boys Choir going
to Israel.
Come on. Everybody I have talked
to who represents the various communities
involved or are concerned about this has just
laughed and said they did what. Whoever
thought this was a great political play, have
fun with it, but really it is not a budgetary
emergency. It is not anything more than it
2088
appears to be; a not even veiled attempt to
divide the State. I can see the questions
raised if this were to pass upstate about,
well, how come they wouldn't do the funds for
the Adirondacks or Lake Placid but they are
willing to do the Harlem Boys Choir goes to
Israel. That attempt to divide our state is
frankly more than just sophomoric, that is
deplorable. And I urge a vote in the
negative. And the reason I am speaking is
because my deputy was temporarily indisposed
and he does represent the Harlem community and
I would therefore, Madam President, yield the
floor to Senator Paterson.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President.
THE PRESIDENT: On and bill,
Senator?
SENATOR PATERSON: On the bill.
THE PRESIDENT: Go ahead.
SENATOR PATERSON: It is very
unfortunate that we have to be discussing this
issue at this particular time. Just two weeks
ago we raised the issue of bringing other
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factors and other issues into the budget
process at that time when we have many
problems in this State that we are trying to
cure; poor housing, substance abuse, crime,
unemployment and under employment, poor and
inadequate health care facilities, and an
educational system that needs many resources.
And at this moment to have, in lieu of passing
the budget try to piece together some type of
alternative budget in a way that does not
demonstrate any real prioritization, we got up
and we discussed was not right.
So now I see that the luge comes to
Harlem. Now we are going to have an
opportunity for a person like myself who has
been a supporter of the Boys Choir of Harlem
for 15 years, someone who has allocated
resources to them from my own discretionary
member item budget and someone who has fought
for wide services for the choir not only from
State government but from New York City
government and from the federal administration
will get the opportunity to vote against
legislation that would provided for $60,000
for the Boys Choir of Harlem to visit Israel.
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And isn't it interesting that at a time when
there has often been a great deal of
controversy about the relationships between
the African-American and the Jewish community
that this very noble attempt to bring people
together and get young people to understand
the greater world that is around them and to
really, in the formative stages nurture
relationships that might last a lifetime that
this effort is manipulated into a budgetary
process to enable to put those of us who voted
the way we did two weeks ago in a position of
having to choose between a service provider
that we all endorse and what is right in terms
of budget policy.
Madam President, we accept that
undertaking and we will vote against this
bill. It is not out of any malice or any
desire not to see the Boys Choir of Harlem
flourish. In fact, right after I finish
debating today I will be part of any kind of
effort to raise the money privately so that
the Boys Choir will be able to go there and
whoever's idea it was to put this into the
budget I think that they might want to join
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me. Although I'm really not sure whose idea
it was to put this type of addendum to
legislation into this bill. And I think it
really demonstrates in many ways the problem
we have in government right now.
This is not an attempt just to give
$60,000 to a choir to sent them to a foreign
county so they might perform and interact and
learn about that country and bring that
country together with ours a little closer.
No, this is a highly developed and organized
political strategy to try to put individuals
on the spot because the Executive Branch is
unable to bring ancillary items into the
budget process.
If we really want to make an issue
of the budget why don't we just come here
everyday such as we learned in Washington they
did at the impeachment hearings, every day at
one o'clock excepting for religious holidays
until we pass the budget. We could do that.
How much more foresighted would that have been
to take that position. But no, we're going to
try to find something that either some
consultant or some shaman or somebody thought
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up this is idea to create a situation that
would try to embarras people or in many ways
try to be divisive, not only upstate, down
state, but even within some of the ethnic
groups that comprise New York State.
It think it is an absolute outrage
to take sometimes sensitive relationships and
challenge them in order to foster a private
agenda. And that is the reason that we have
problems in government today and that is the
reason that public opinion polls show more and
more the people lose confidence in us.
We are really going to need leaders
who acknowledge what is right about this State
politically, economically, socially and
judicially, as well as what is wrong. And we
are going to need leaders who are going to
really try to build a viable, workable,
sensible and achievable condition rather than
to engage in what is really the panoply of
wealth and the arrogance of power. There is
no telling what, if this type of strategy were
to be effective, what types of divisions it
could create, what types of derision it could
foster.
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But the fact is that I think the
public is somewhat fed up with this type of
tinkering with people's feelings and people's
emotions, and also the good will that a lot of
these types of trips and these organizations
that sponsor them are trying to achieve.
I am hopeful that the State will
see through this rather transparent, almost
naked political act and will recognize that
those of us who vote against it are doing it
out of some principle, some desire to engage
in an budget process out of a strategy that is
higher than just what looks interesting and
what can get a rise out of reporters or in the
news media for a day or two.
And so, Madam President, I am going
to vote against this bill and I'm going to
vote against it proudly. I don't know if
those who are associated with the Boys Choir
will quite understand the reason why I take
this position today. But I am sure that as
time goes on they will understand that it is a
gesture that is consistent with what we did a
couple weeks ago and is continuing because we
will continue to vote against these private,
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almost ancillary items being put into the
emergency budget every two weeks.
THE PRESIDENT: Read the last
section.
SENATOR DOLLINGER: Madam
President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Just very
briefly, Madam President.
My only question to everyone in
this hall is what is next? It was the luge
sought to divide us from our north country
friends. It is the Harlem Boys Choir trip to
Israel that seeks to divide us along ethnic
and racial lines.
I would just suggest, Madam
President, that what this house needs to do to
stop this foolishness from the second floor is
to stand up and come up with a veto proof
budget that we can sent to the Governor that
we know we can force him to accept.
Regretfully that is something that the
Majority in this house can not do all on its
own. That is something that we all need to do
2095
working together perhaps in a bipartisan
spirit that has at least in the seven years I
have been here never characterized our
deliberations.
But if we really want to assert our
power in the budget process let put together a
veto proof budget, lets agree that we will
override a gubernatorial veto and lets get the
budget done now.
In the mean time we are simply
going to have a Governor who believes in an in
your face politics quite frankly that will pit
us against one another and seeks to divide us
rather than bring us together.
We hold the power if we come
together to exercise the power to bring the
Executive back to the table and to get what
the people of this State want done. It will
take an enormous change in this house in its
otherwise heavy partisanship to accomplish
that. But I would suggest that the Senate
itself will be more powerful if we do that.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
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act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
SENATOR DOLLINGER: Party vote in
the negative.
SENATOR SKELOS: Party vote in
the affirmative.
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 35, nays 22.
Party vote.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
THE PRESIDENT: No, there is not,
Senator Skelos.
SENATOR SKELOS: There being no
further business, I move we adjourn until
Monday, April 19th at 3:00 p.m. intervening
days being legislative days and a reminder
that there will be an immediate meeting of the
Majority in the Majority Conference Room.
THE PRESIDENT: There will be a
2097
meeting of the Majority in the Majority
Conference Room.
On motion, the Senate stands
adjourned until Monday, April 19th at 3:00
p.m. intervening days being legislative days.
(Whereupon, at 12:00 noon, the
Senate adjourned.)