Regular Session - April 21, 1999
2219
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 21, 1999
11:10 a.m.
REGULAR SESSION
SENATOR JOHN R. KUHL, JR, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT KUHL: I'd ask
the staff to find their places, the members to
find their places.
And I'd ask everybody in the
chamber to rise and join with me in saying the
Pledge of Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT KUHL: The Chair
recognizes Senator Bruno.
SENATOR BRUNO: Mr. President,
colleagues and visitors.
As we start the session today, I
just want to focus our attention for a minute
on the tragedy that took place in Littleton,
Colorado, yesterday. Sixteen young people
that we know of lost their lives; many more,
injured.
So that it seems fitting that we
just pause in our deliberations here and just
be thoughtful of the families, of the friends,
of those that are injured, and that we
recognize that the most meaningful thing that
we can do is to be supportive in every way
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that we can and to remember all of these
people in our prayers and just remember, for
all of us, just how fragile life is, and as we
start a day, we never know what life will
bring before us.
And so I would ask that we just,
for a moment, bow our heads and focus our
thoughts and prayers on those people in
Littleton.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT KUHL: If the
members would remain standing.
We're very pleased today to be
joined by the Chaplain, Colonel Herbert
McChrystal, of the United States Military
Academy at West Point, to provide the prayer.
Chaplain McChrystal.
CHAPLAIN McCHRYSTAL: Thank you,
sir.
Would you bow with me.
Almighty God, as we celebrate West
Point Day here in Albany, New York, we pause
to give You praise and thanksgiving for making
this opportunity possible. May the activities
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of this day strengthen the bonds of
friendship, of understanding, of cooperation
between the United States Military Academy and
the wonderful leaders and citizens of this
magnificent state.
God, we pray that the men and women
of the Long Gray Line continue to epitomize,
through selfless service, the ideals of duty,
honor and country, for the sake of our
families, for our military, for this great
state, for our nation.
Lord, I add -- and certainly
hopefully with his permission, that of Senator
Bruno -- our thoughts and prayers about this
situation. We do pray for the students,
parents and families, faculty, friends of
Columbine High School in Littleton, Colorado.
As the Father of all comfort, we ask that You
bring Your healing touch to everyone directly
affected by this event and to millions across
our land who are deeply saddened by this
event.
One more thing, Father. I think
it's also appropriate to mention the situation
in Kosovo. Again, Lord, You understand the
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complexities involved far more than any of us.
In addition to bringing comfort to the
thousands of refugees, to the American
soldiers being held as POWs, help us as a
nation to join with the NATO alliance in
bringing this tragedy to an end.
Toward this goal, grant our nation
and all nations involved the wisdom, the
knowledge and the courage to do the right
thing. Help us to make our world a place
where all people everywhere are treated with
genuine dignity and respect.
God, we pray all of this in Your
strong name. Amen.
ACTING PRESIDENT KUHL: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, April 20th, the Senate met pursuant
to adjournment. The Journal of Monday,
April 19, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT KUHL: Hearing
no objection, the Journal stands approved as
read.
Senator Bruno.
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SENATOR BRUNO: Mr. President,
can we go directly to motions and resolutions
at this time.
ACTING PRESIDENT KUHL: We'll
turn to the order of motions and resolutions.
The Chair recognizes Senator Bruno.
SENATOR BRUNO: I believe that
there is a privilege resolution at the desk by
Senator Larkin. I would ask that that
resolution be read in its entirety and move
for its immediate adoption.
ACTING PRESIDENT KUHL: There is
a privilege resolution at the desk. The
Secretary will read it in its entirety.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 1076,
memorializing Governor George E. Pataki to
proclaim April 21, 1999, as West Point Day in
New York State.
WHEREAS, This Legislative Body is
justly proud to celebrate the establishment of
the United States Military Academy at West
Point and to call upon Governor George E.
Pataki to proclaim April 21, 1999, as "West
Point Day" in New York State; and
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WHEREAS, By an act of Congress, on
March 16, 1802, the United States Military
Academy was established within the borders of
New York State, on the banks of the Hudson
River; and
WHEREAS, The Academy and its
graduates are an integral part of the proud
history of this State and Nation;
The leadership and sacrifices of
the members of the Long Gray Line have helped
this country withstand countless threats to
our cherished democratic way of life;
The alumni have excelled not only
on the battlefield but in many fields of
endeavors; and
WHEREAS, The Academy continues to
provide our country with able and dedicated
future leaders;
Its scenic campus is a mecca each
year for thousands of visitors from across our
State, continent and other countries; and
WHEREAS, The United States Military
Academy is in the forefront of our State's
outstanding institutions of higher learning;
Forty-seven years ago, the late
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James T. McNamara, then a member of the New
York State Assembly, and a member of the
Academy's class of 1939, was the author of the
State Legislature's first "West Point Day"
Resolution;
For decades our Nation has enjoyed
the legacy of freedom and the United States
Military Academy at West Point has played a
vitally significant role in the maintenance of
peace and freedom; and
WHEREAS, The members of this
Legislative Body are equally proud to
commemorate this event, marking April 21,
1999, as "West Point Day" in New York State;
now, therefore, be it
RESOLVED, That this Legislative
Body pause in its deliberations to celebrate
the establishment of the United States
Military Academy at West Point and to
memorialize Governor George E. Pataki to
proclaim April 21, 1999, as "West Point Day"
in New York State; and it be further
RESOLVED, That a copy of this
Resolution, suitably engrossed, be transmitted
to Governor George E. Pataki.
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ACTING PRESIDENT KUHL: The Chair
recognizes Senator Bruno on the resolution.
SENATOR BRUNO: Thank you,
Mr. President.
Mr. President, it's my honor and my
privilege, on behalf of our colleagues here in
the Senate and the visitors, to welcome
General Dan Christman, Commander at West
Point, his 15 cadets that are here, his staff.
The cadets, led by First Captain Rob Shaw of
Virginia, Constituent Paul LaVigna, Saratoga
Springs -- that's here. Ensign General of the
National Guard, Jack Fenimore. And Lieutenant
General, Retired, David Traub, who sits here
on my left, who is celebrating, I believe, and
close to his 98th birthday, and retired as the
Comptroller of the U.S. Army.
And he is the type person that we
might be able to use in our budget
negotiations as we go forward.
(Laughter.)
SENATOR BRUNO: This is a very
happy occasion for us here in this chamber,
because it gives us a chance to really
recognize the brightest and the best of our
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young people, who take upon themselves a
responsibility to represent the United States
throughout the world and to represent the
United States in places -- in the Far East,
maybe Kosovo -- anyplace where there is a
problem, where there is trouble. And it is
always to be representative of peace and
democracy.
And as you face your future, the
future is uncertain presently. But we here
just welcome you, applaud you, congratulate
you on the dedication and the commitment that
you all have to greatness.
And that's what this is all about:
your personal, your individual
accomplishments, your greatness. And as you
go forward, as you represent your own state,
your own community and your entire country.
You are a credit to the General, to
all the people that have affected your lives.
You're a credit to all of us here in the
Senate, in the Legislature, the Executive
Branch, and to all the people in the United
States.
And God bless you all.
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ACTING PRESIDENT KUHL: The Chair
recognizes Senator Larkin on the resolution.
SENATOR LARKIN: Thank you,
Mr. President.
It is my honor and privilege that
we offer this resolution today honoring the
United States Military Academy at West Point
and all that it stands for. I am proud to
continue a tradition that we've done in this
house for 45 years.
First, I would like to welcome
Lieutenant General Dan Christman; his personal
staff; and a dear friend here of the Capital
Region, as Senator Bruno said it, Lieutenant
General David Traub, the Class of 1928 at the
United States Military Academy.
(Applause.)
SENATOR LARKIN: I would also
like to welcome, most standing behind us, the
West Point Society of the Capital Region, who
make a major contribution to the Academy.
I would also like to recognize
General Fenimore, the Adjutant General of the
State of New York, and the Deputy Adjutant
General, Bill Martin.
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But most of all, I want to welcome
the cadets of the United States Military
Academy who are joining us here today.
The Long Gray Line began in Orange
County 198 years ago. The United States
Military Academy today is the oldest active
military post in the United States. Many of
its structures and institutions predate those
here of this noble house.
During the past two centuries,
Orange County has been called home to such
military greats as Ulysses Grant, Robert E.
Lee, Douglas MacArthur, General Dwight
Eisenhower, George Patton, General
Westmoreland, and General Norman Schwarzkopf.
These leaders knew that the strength and
security of the United States military must
rest on a solid foundation of individual honor
and integrity.
Mr. President, this lesson was
first taught by them years ago when General
Sylvanus Thayer became the first
Superintendent of the Academy at West Point.
As an Army engineer, Colonel Thayer knew how
to build foundations for both a military and a
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nation. His vision was a class of highly
educated, highly trained engineers who could
support the rapid westward movement,
expansion, of the United States.
It is appropriate, therefore, that
this house give special recognition today to
another Army engineer and very distinguished
West Point graduate, Lieutenant General Dan
Christman, Class of 1965.
Upon graduation from the Academy he
now commands, General Christman served as a
decorated combat engineer with some of the
Army's most elite units -- the Second Infantry
Division in Korea, the 101st Air Mobile
Division in Vietnam. After leading troops in
such places as Korea, Vietnam, and Germany,
General Christman served his country in upper
echelons in military commands in our nation's
capital and abroad.
He is a very distinguished
individual. In addition to being a graduate
of the Academy, he holds a master's degree in
both civil engineering and public affairs from
Princeton University and a law degree from
George Washington. He is a recipient of many
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decorations, of which he truly earned.
At this time, ladies and gentlemen,
I would like to ask General Christman to rise
and for us to personally recognize you.
General Christman.
(Applause.)
SENATOR LARKIN: But today's Day
of West Point is truly special-purpose, for we
are here to give recognition to the Corps of
Cadets, the future leaders of the United
States Army and our nation. It has been often
said that the Army is the backbone of the
United States Armed Forces. If the Army is
the backbone, then her officers are its heart
and minds.
I have the pleasure, Mr. President,
of introducing these young hearts and minds,
New York contingent at the United States
Military Academy, which are led by General
Christman.
I would ask that each cadet briefly
rise as his or her name is read so that my
colleagues may acknowledge your presence here
and the contributions you've made and will
make in the future.
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First, First Captain Robert Shaw.
We would like to recognize everybody that
Mr. Shaw, 38 days to be a second lieutenant,
was originally a constituent of Senator
Skelos.
Cadet Jennifer Brand, Cornwall.
Cadet Clayton Cohn, of Lynbrook.
Cadet Brandon Duck, Syracuse.
Cadet Joseph Faiella, Holbrook.
Cadet Daniel Ganci, of Staten
Island.
Cadet Donna Ingram, of Syracuse.
Cadet Matthew Johnson, Middletown.
Cadet Paul LaVigna, from Saratoga
Springs.
Cadet Elizabeth Lawney, of Albany.
Cadet Timothy Maneval, of
Horseheads.
Cadet John McNally, Eastchester.
Cadet James Nati, Elmira.
Cadet Marisa Pace, Woodside.
Cadet Gregory Szulis, of Liverpool.
Ladies and gentlemen, this is the
Corps of Cadets: duty, honor and country.
Gentlemen, ladies, please rise as a
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body.
(Applause.)
SENATOR LARKIN: The cadets at
West Point have always been America's best and
brightest. Let there be no doubt in this
chamber that any of these cadets could have
chosen or pursued a different career, some
outside of the military that offer higher pay,
shorter hours and, some of us remember, even
better food.
These cadets chose their country
instead. And undoubtedly their country, our
country, will ask them to lead troops into
harm's way.
Mr. President, as you and I and
many in this room know, there is no more
difficult task than leading people in combat.
Today, in a chamber very similar to ours, the
United States Congress debates the use of
ground forces in a place called Kosovo. As a
veteran of 23 years, I do not envy those in
the Capitol or the Pentagon who have the
responsibility of sending young American men
and women into combat.
However, Mr. President, I do
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welcome the opportunity to express my full
confidence in the cadets of the Long Gray
Line, the young men and women here today and
leaders of our nation tomorrow.
God bless you all.
ACTING PRESIDENT KUHL: The Chair
recognizes Senator DeFrancisco on the
resolution.
SENATOR DeFRANCISCO: I rise
proudly in support of the resolution.
If you were listening carefully to
Senator Larkin, you would have heard that
three of the individuals are from the 49th
Senate District, 20 percent of the people that
are here. It shows the character of the
people in our community and how we are the
leaders among leaders in the state of New
York.
And what's also very interesting to
learn, when you look at the resumes of these
various individuals, one of those students is
a woman from the city schools, one is a
student, a male, from the suburban schools,
and one is a student from a private school
that -- a Christian school, the Christian
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Brothers Academy, that I attended.
So it's a cross-section of our
community, showing that we are providing our
best to the service of this country.
And being a veteran myself, I'm so
proud of each of these individuals and so
proud of all of the people who came here from
West Point today.
You are the best. We have an
obligation, a duty, and a strong desire to
help you in any way that we possibly can.
Congratulations. And I know all of
you are going to have wonderful, successful
futures.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the resolution?
Senator Seabrook -
SENATOR SEABROOK: Yes.
ACTING PRESIDENT KUHL: -- on the
resolution.
SENATOR SEABROOK: Mr. President,
I'd like to commend these young people and
hope that they will follow also in the
tradition of a West Point graduate like
Benjamin O. Davis, Jr., the first
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African-American general to -- also as a
graduate from West Point, and that they can
continue in the tradition of the American
spirit of being a proud American and make us
all proud.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the resolution?
Senator Meier, on the resolution.
SENATOR MEIER: Thank you,
Mr. President.
As Chair of the Senate Committee on
Veterans Affairs, I want to welcome the cadets
here today.
And I just wanted to underscore
that we in the Senate recognize that the
careers that you are about to embark on are
really the highest form of public service.
It is a rare individual indeed who
is willing to answer the call to a career in
service to one's country, where you fully
understand up front that part of the calling
may well be to place yourself in harm's way
and to accept the awesome responsibility of
accepting responsibility for the lives and
safeties of those who will follow you.
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We recognize that. We honor you
for answering that call. And we wish you
Godspeed with your careers and your very
important duties.
God bless, and welcome to the
Senate.
ACTING PRESIDENT KUHL: Senator
Marchi, on the resolution.
SENATOR MARCHI: Mr. President,
I'm a combat veteran of World War II, which
happened a little after the Spanish-American
War.
(Laughter.)
SENATOR MARCHI: I stayed in the
reserves until they threw me out 15 years ago
because I had aged out. And now I am in the
retired reserve. If any of you hear that I've
been reactivated and called back, please know
that we're in deep trouble.
(Laughter.)
SENATOR MARCHI: I take further
consolation from seeing all of the cadets,
especially Cadet Ganci, who is from Staten
Island. And I'm proud of the fact that at
each and every circumstance through the years
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when we've been having this observance, that
we've always had people from the Island
represented here.
So I want to join my colleagues.
God bless you all, and you have our prayers
and our -- certainly our full-hearted support
and -- and not commiseration, because
you're -- if I could only change places with
you, but I can't. And you wouldn't want to.
Thank you.
ACTING PRESIDENT KUHL: Senator
Paterson, on the resolution.
SENATOR PATERSON: Thank you,
Mr. President.
On behalf of Senator Connor and
everyone here in the Senate Minority, we want
to congratulate the Academy, all of those who
have graduated, all of those who are still
seeking that rank, for all of their service.
And at this time it probably is
important to recognize that there are human
beings involved in representing our country in
this conflict that we're in right now. And
that quite often we become more interested in
the ideological debate over whether or not we
2240
should be there than the recognition for our
neighbors who go to defend our country and
defend other places that our country deems is
important.
We had a war that was quite
controversial a couple -- a few decades ago in
which that happened. And even today, those
who served in our armed forces that are now
back in the States are not receiving nearly
what they would deserve in services based on
the fact that they put their lives on the line
for this country.
And so having these types of
services here in our chamber annually is
something that we're very grateful to Senator
Bruno and certainly to Senator Larkin for
establishing. And I am personally very happy
to have been here to witness it.
ACTING PRESIDENT KUHL: The Chair
recognizes Senator Waldon, on the resolution.
SENATOR WALDON: Thank you very
much, Mr. President.
Years ago, as a child, my parents
often took my brothers and I to the parades
where the military was in full glory, marching
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across the streets of this nation -- MacDill
Air Force Base, in Florida, where we grew up;
Fifth Avenue in New York. Everyone was very
proud to see our military on display. There
was an excitement in the air because America
was strong and, through its military force,
had maintained the freedom that we all
appreciate and we all are blessed to receive.
We've gone through some changes
since those years. And Vietnam and other
conflicts that were not perhaps properly
resolved in our mind's eye have caused us to
blink, so to speak, in terms of what is really
important about maintaining freedom.
And so many young people who years
ago would have jumped to the military, taken
that opportunity, are not doing so in great
numbers today, because, one, we no longer have
conscription, and perhaps because of this
attitude, this change in attitude of America.
And so I am very proud today of
these young people who have decided -- despite
whatever differences in our psyche have
occurred since the days of Vietnam, Korea,
Kuwait, still want to make sure that the air
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that we breathe will be as free as it always
has been.
And so we owe them a great debt.
It's nice that we honor them today. It's
great that they come to the chamber. It's
great that we have a chance to be caught up in
the ambiance of their presence.
But recognize that the commitment
is not just to march on graduation day. Their
commitment is to give their lives, if
necessary and if called upon, so that we can
do the business of the people of this state in
this chamber and all across this nation.
And I think an appropriate round of
applause and a thank-you to them is really
necessary. I thank Senator Bruno, in his
wisdom, for bringing them here, and Senator
Larkin, our military maven in residence, for
doing this.
But I really thank the men and
women at the Academy who are the students and
who will be the leaders of tomorrow, and the
administration which is teaching them how to
ensure that all of us can be free.
Thank you, Mr. President.
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ACTING PRESIDENT KUHL: Senator
Maltese, on the resolution.
SENATOR MALTESE: Mr. President,
I join my good colleagues in honoring the
young cadets and General Christman and, of
course, the delegation from West Point.
I join my good colleague, Senator
Waldon, in commending Senator Larkin and
Senator Bruno and Governor Pataki and all
those who participate in bringing this
delegation to Albany and to the State Capitol
and continuing this long, sacred tradition.
I think at a time when our country
faces conflicts on so many fronts and is
actually engaged in combat in various areas of
the world, it takes a rare person to volunteer
to go to West Point and serve in our Military
Academy or in any of the Academies.
I think we -- by paying honor to
these New York residents who are presently
cadets in the Academy, we pay honor not only
to all the cadets at West Point, and to their
instructors and their commanders, but all
those who have preceded them in that Long Gray
Line.
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I welcome particularly a young lady
from my own district, Marisa Pace, who not
only is a constituent but also a student at
Christ the King -- or was a student at Christ
the King Regional High School, where I have
the honor to be chairman of the board.
Again, I congratulate these young
people. I certainly congratulate General
Christman and all the instructors for
producing or having such a great part in the
lives and the characters of these fine young
people.
ACTING PRESIDENT KUHL: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is unanimously adopted.
Senator Bruno has asked that
General Christman be provided the opportunity
to acknowledge the resolution and appreciation
that this body has been giving, over the
2245
years, West Point for being a very, very
participant member in this state.
So I offer General Dan Christman
the opportunity to address the body. General
Christman.
GENERAL CHRISTMAN: I am very
honored.
This is my third visit. It's the
first opportunity, however, to have a chance
to address you. And I'm indeed humbled to be
here, humbled to represent our student body,
and deeply appreciative for the resolution,
for the support, for this wonderful
environment in the Empire State which you
nurture.
I mentioned last year that we
entertain dozens of foreign dignitaries at
West Point. Tomorrow the Polish prime
minister and his cabinet arrives. Next week,
the Chinese defense minister and his
entourage. Seemingly half of the People's
Liberation Army will arrive at West Point.
And they are there, amongst other things, to
understand how the army in a democracy relates
to its society.
2246
And I would simply tell them -
have them visit Albany, look at this day, see
the relationship of those in uniform to those
whom we serve, our citizens. And I would tell
them, as I tell you, these officers-to-be, I,
pledge allegiance to a principle, not to a
person. We will raise our hands to support
and defend the Constitution of the United
States. You, the people's elected
representatives, we do your bidding.
And it is indeed a pleasure to do
that in an environment in which the support is
so deep and is so moving as you have provided
here, as you have provided since West Point
was founded in 1802, and as you manifest in
each time that we are graced and blessed to
come here at Albany and to meet you and to
receive your lovely words.
I salute all of you. I wish you
the very, very best, and God bless you. Thank
you.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will read the privilege resolution
by Senator Marcellino.
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Before we do that, the Chair
recognizes Senator Bruno.
SENATOR BRUNO: Mr. President, on
behalf of Senator Larkin, could we put all the
members in the chamber on that resolution.
And if you'd prefer not to be on
it, would you please let the clerk know at the
desk.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: The Chair
will direct that all the members will be
placed as sponsors of the resolution which was
just unanimously passed, unless they elect not
to participate.
SENATOR BRUNO: Mr. President,
thank you.
Could we ask for an immediate
meeting of the Rules Committee in Room 328.
Immediate meeting of the Rules Committee in
Room 328.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Rules
Committee, immediate meeting of the Rules
Committee in -- note the room -- Room 328.
Room 328.
2248
Senator Bruno.
SENATOR BRUNO: And,
Mr. President, I believe there's another
privilege resolution at the desk by Senator
Marcellino. I would ask that it be read in
its entirety and move for its immediate
adoption.
ACTING PRESIDENT KUHL: The
Secretary will read the privilege resolution
by Senator Marcellino in its entirety.
THE SECRETARY: By Senator
Marcellino, Legislative Resolution Number
1077, commemorating the 29th Anniversary of
Earth Day on April 22, 1999.
WHEREAS, It is the sense of this
Legislative Body to recognize and pay tribute
to those organizations dedicating their
purposeful work to increasing public awareness
of, and appreciation for, the natural
resources of New York; recognizing the role
all citizens have in protecting the
environment and the quality of life in this
Empire State; and
WHEREAS, On April 22, 1970,
approximately 25 million Americans
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participated in the first Earth Day
demonstration to express their concerns over
the environment and the fate of the planet;
and
WHEREAS, In the 29 years that have
passed since the original Earth Day, the
planet has been subjected to the continued
burdens of world population growth, increasing
commercial and residential development, ocean
pollution, increasing stores of toxic and
nuclear waste, and other similar assaults
which have exacerbated the growing dangers of
global climate change, ozone depletion, toxic
poisoning, deforestation, and mass species
extinctions;
Following the first Earth Day, and
the demonstrations of concern of over
20 million Americans, a collective national
action has resulted in the passage of sweeping
new laws to protect the invaluable resources
of air, land and water;
April 22, 1999, marks the 29th
Anniversary of Earth Day, a day set aside to
celebrate the beauty and bounty of our
environment and to revitalize the efforts
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required to protect, and maintain respect for,
the environment and its resources; and
WHEREAS, Earth Day 1999 activities
and events will educate all citizens on the
importance of acting in an environmentally
sensitive fashion by recycling, conserving
energy and water, using efficient
transportation, and adopting more ecologically
sound lifestyles;
Earth Day 1999 activities and
events will educate all citizens on the
importance of supporting the passage of
legislation that will help protect the
environment, and will highlight the importance
of a heightened awareness of environmental
concerns amongst our State's leaders; and
WHEREAS, The goal of Earth Day 1999
is not to plan only one day of events and
activities, but to continue worldwide efforts
to protect all aspects of the environment;
now, therefore, be it
RESOLVED, That this Legislative
Body pause in its deliberations to commemorate
the 29th Anniversary of Earth Day on April 22,
1999; and be it further
2251
RESOLVED, That this Legislative
Body congratulate all the concerned citizens
of New York State who have embraced the
responsible work of protecting and preserving
the environment for future generations.
ACTING PRESIDENT KUHL: Senator
Marcellino, I know that you'd like to speak on
this resolution.
But I just thought I'd give the
time -- take a short period of time here for
the members to find their places. It seems
like there's a lot of business going out and
around in the chamber. And for us to be able
to hear you. Even though we're a mere 30 feet
away, I know that I'll have a very difficult
time hearing you unless there is some order in
this chamber.
The Chair recognizes Senator
Marcellino on the resolution.
SENATOR MARCELLINO: Thank you,
Mr. President.
It's my pleasure to rise and speak
on this important resolution. We've been
passing this resolution and commemorating
Earth Day for many, many years. And each year
2252
it becomes even more important.
Our environment, our precious
environment, is the only one we have. Our
planet is the only one we live on. There is
no place else to go for us. If we foul our
nest, we destroy our planet, we destroy our
peace, we destroy everything these young
people from West Point have sworn to protect
and defend.
So it's our obligation to maintain
our planet and do all we can to preserve and
protect its environment so that all of our
citizens, past, present and future, can have
an opportunity to partake and enjoy.
This state, I'm very proud to say,
has led the nation in its environmental
endeavors, and will continue to do so for
many, many years to come. Our Governor and
our Leader, Joe Bruno, are true
environmentalists who care and wish to protect
and preserve our environment, doing it in a
safe and appropriate manner.
We will continue those processes.
We have many good pieces of legislation to
come up before us. And I will be proud to, as
2253
Chair of the Environmental Conservation
Committee of the New York State Senate, assist
our leadership in those endeavors.
Mr. Chairman, I would also request
that every member in the chamber be placed on
the resolution. And anyone not wishing to be
on it, notify the desk of your concerns.
Thank you, sir.
ACTING PRESIDENT KUHL: Senator
Bruno, is it your desire -- Senator Bruno, is
it your desire at Senator Marcellino's request
that we place all of the members as cosponsors
on this Earth Day Resolution with the -
SENATOR BRUNO: Yes. And if
anyone, again, would care not to be on it,
would you please notify the desk.
Thank you, Senator.
ACTING PRESIDENT KUHL: The
Secretary will be directed to do so. If
there's any member who does not wish to be on
the resolution, please indicate to the desk.
The desk will remove your name.
The Chair recognizes Senator
Schneiderman, on the resolution.
SENATOR SCHNEIDERMAN: Thank you,
2254
on the resolution. Thank you, Mr. President.
I commend Senator Marcellino for
bringing forward this resolution. I actually
was a youthful participant in the first Earth
Day celebration or march or whatever it was.
At that point in time, it was a little less
focused. And our environmental -- the
environmental movement was really not
particularly evolved at that point in time.
I'm really very pleased, in my
first year in the Senate, to realize and
recognize the fact that there does appear to
be a broad bipartisan consensus across this
state that we have to have a strong commitment
to the environment.
And I'm honestly refreshed and
pleased about that. I look forward to working
with all of you, and I appreciate the fact
that we're all allowed on this resolution.
And I urge any of you who have not
been to the Earth Day celebration, with the
amazing floats, animals, and displays, to try
and attend that in New York City this coming
week.
Thank you very much.
2255
ACTING PRESIDENT KUHL: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Bruno, we have a couple of
substitutions at the desk we'd like to take up
at this time, if that's permissible.
SENATOR BRUNO: Please take the
substitutions up at this time.
ACTING PRESIDENT KUHL: The
Secretary will read the substitutions.
THE SECRETARY: On page 4,
Senator McGee moves to discharge, from the
Committee on Alcoholism and Drug Abuse,
Assembly Bill Number 7126 and substitute it
for the identical First Report Calendar, 614.
On page 8, Senator Maziarz moves to
discharge, from the Committee on Environmental
Conservation, Assembly Bill Number 2045 and
substitute it for the identical First Report
2256
Calendar, 655.
ACTING PRESIDENT KUHL: The
substitutions are ordered.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 5000, by Senator
Meier, an act to afford tax relief to
individuals serving in a qualified hazardous
duty area.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Motion to accept
the rules report, Mr. President.
ACTING PRESIDENT KUHL: The
motion is to accept the rules report. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
2257
(No response.)
ACTING PRESIDENT KUHL: The rules
report is accepted and the bills are ordered
directly to third reading.
The Secretary will continue to read
reports of standing committees.
Before we do that, Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
671, Senate 5000.
ACTING PRESIDENT KUHL: We move
to the calendar. The Secretary will read
Calendar Number 671.
THE SECRETARY: Calendar Number
671, by Senator Meier, Senate Print 5000, an
act to afford tax relief to individuals
serving in a qualified hazardous duty area.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk from the Governor, Mr.
President?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move we accept
the message.
2258
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 671. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
house. The Secretary will 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.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno. Return to the order
of reports of standing committees?
SENATOR BRUNO: Can we return to
standing committees and continue with the
regular order, Mr. President.
2259
ACTING PRESIDENT KUHL: We will
return to the reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
follow nominations:
As a member of the Battery Park
City Authority, Lewis Bart Stone, Esquire, of
New York City.
SENATOR BRUNO: Move the
nominations, Mr. President.
ACTING PRESIDENT KUHL: The
question is on the nomination of Lewis Bart
Stone to become a member of the Battery Park
City Authority. All those in favor of the
nomination signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As members of the
2260
Dormitory Authority, José Alberto Corvalan,
M.D., of Armonk, and George A. Kellner, of New
York City.
SENATOR BRUNO: Move the
nominations, Mr. President.
ACTING PRESIDENT KUHL: The
question is on the nomination of José Corvalan
and George Kellner to become members of the
Dormitory Authority. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominations are confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
Alfred E. Werner, of Bayport.
ACTING PRESIDENT KUHL: The
question is on the nomination of Alfred E.
Werner, of Bayport, to become a member of the
Metropolitan Transportation Authority. All
2261
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Ogdensburg Bridge and Port Authority, Gary
R. Alford, Esquire, of Ogdensburg.
ACTING PRESIDENT KUHL: The
question is on the nomination of Gary Alford,
Esquire, of Ogdensburg, to become a member of
the Ogdensburg Bridge and Port Authority. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
2262
THE SECRETARY: As a member of
the Board of Directors of the New York State
Science and Technology Foundation, Anthony H.
Gioia, of Buffalo.
ACTING PRESIDENT KUHL: The
question is on the nomination of Anthony
Gioia, of Buffalo, to become a member of the
Board of Directors of the New York State
Science and Technology Foundation. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Taconic State Park, Recreation and
Historic Preservation Commission, George T.
Ilse, of Rye.
ACTING PRESIDENT KUHL: The
question is on the nomination of George Ilse
of Rye, New York, to become a member of the
2263
Taconic State Park, Recreation and Historic
Preservation Commission. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Thousand Islands State Park, Recreation
and Historic Preservation Commission, T.
Urling Walker, of Watertown.
ACTING PRESIDENT KUHL: The
question is on the nomination of T. Urling
Walker, of Watertown, New York, to become a
member of the Thousand Islands State Park,
Recreation and Historic Preservation
Commission. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
2264
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
Reports of select committees.
Senator Bruno, that brings us to
the calendar.
SENATOR BRUNO: Mr. President,
can we at this time take up the
noncontroversial calendar.
ACTING PRESIDENT KUHL: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
242, by Senator Spano, Senate Print 3314, an
act to amend the Workers' Compensation Law, in
relation to tolling.
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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
2265
is passed.
THE SECRETARY: Calendar Number
297, by Senator Leibell, Senate Print 3256, an
act to amend the Retirement and Social
Security Law, in relation to death benefits.
ACTING PRESIDENT KUHL: The
Secretary will 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.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
316, by Senator Saland, Senate Print 3080, an
act to amend the Public Health Law, the Tax
Law and the State Finance Law, in relation to
the Alzheimer's Research Fund.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the 31st day of
December.
2266
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
324, by Senator Spano, Senate Print 1494, an
act to amend Chapter 677 of the Laws of 1977
amending the Civil Service Law and others.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
408, by Senator Marcellino, Senate Print 1127,
an act to amend the Criminal Procedure Law, in
relation to designation as peace officers.
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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
2267
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 441, Senator Libous moves to
discharge, from the Committee on Mental
Hygiene and Developmental Disabilities,
Assembly Bill Number 6982A and substitute it
for the identical Third Reading Calendar, 441.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
441, by Member of the Assembly Brennan,
Assembly Print 6982A, an act to amend Chapter
720 of the Laws of 1979.
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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
2268
THE SECRETARY: Calendar Number
451, by Senator Larkin -
SENATOR PATERSON: Lay it aside.
THE SECRETARY: -- Senate Print
3035, an act to amend the General Municipal
Law.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
475, by Senator Seward, Senate Print 3534A, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
ACTING PRESIDENT KUHL: The
Secretary will 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.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
482, by Senator Farley, Senate Print 1958, an
2269
act to amend the Election Law and the State
Finance Law, in relation to requiring
proposition authorizing.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
496, by Senator Balboni, Senate Print 3889, an
act to amend the Soil and Water Conservation
Districts Law, in relation to district petty
cash funds.
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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
544, by Senator Padavan, Senate Print 2005, an
act to amend the Penal Law, in relation to the
disposal of allegedly stolen motor vehicles.
2270
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. 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, 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
552, by Senator Skelos, Senate Print 3070, an
act to amend the Civil Practice Law and Rules,
in relation to additional time to appeal.
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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT KUHL: The bill
is passed.
2271
Senator Bruno, that completes
the -- sorry.
THE SECRETARY: Calendar Number
587, by the Assembly Committee on Rules,
Assembly Print 5843, an act to amend the Tax
Law, in relation to extending the
effectiveness.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
There's a home rule message at the
desk. The Secretary will read the last
section.
SENATOR DOLLINGER: Lay the bill
aside.
ACTING PRESIDENT KUHL: Lay the
bill aside at the request of the Acting
Minority Leader.
Senator Bruno, that completes the
reading of the noncontroversial calendar.
SENATOR BRUNO: Mr. President,
can we at this time take up the controversial
calendar.
ACTING PRESIDENT KUHL: The
Secretary will read the controversial
calendar, beginning with Calendar Number 324,
2272
Senate Print 1494, by Senator Spano.
THE SECRETARY: Calendar Number
324, by Senator Spano, Senate Print 1494, an
act to amend Chapter 677 of the Laws of 1977.
SENATOR DOLLINGER: Explanation,
Mr. President.
ACTING PRESIDENT KUHL: Senator
Spano, an explanation has been requested of
Calendar Number 324 by the Acting Minority
Leader, Senator Dollinger.
SENATOR SPANO: Mr. President,
this is the extender of the Agency Shop Law,
and it extends for two years the provisions of
agency shop for public employee unions under
the Taylor Law.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: Mr.President,
will the sponsor yield to a question?
ACTING PRESIDENT KUHL: Senator
Spano, do you yield to a question from Senator
Dollinger?
SENATOR DOLLINGER: Through you,
Mr. President, if I don't get the thunder
through the microphone.
2273
Was any consideration, Senator
Spano, given that we have done this in
two-year increments for, I believe, more than
10 or 15, 20 years, some period of time? Is
that correct?
SENATOR SPANO: There is a bill
that I'm also sponsoring that would provide
for a permanent extender of agency shop,
Senator Dollinger.
But the -- yes, we -- there are a
number of provisions of the law that we do
extend every two years. You know, like the -
like binding arbitration or pension
supplementation, the heart bill, the cancer
bill. And the -- these are -- they're all not
made permanent. It's not quite clear why
they're not.
But yes, there is a bill that would
make it permanent.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, I'd yield the remainder of my time
to Senator Connor.
ACTING PRESIDENT KUHL: The Chair
2274
recognizes Senator Connor.
SENATOR CONNOR: Yes. Thank you,
Mr. President.
I have an amendment at the desk.
And I'd like to call it up now, waive its
reading, and explain it.
ACTING PRESIDENT KUHL: If you'll
give me just a moment, Senator Connor.
SENATOR CONNOR: Right.
ACTING PRESIDENT KUHL: Senator
Connor, I acknowledge your request to waive
the reading of the amendment. You're now
afforded an opportunity to explain the
amendment.
SENATOR CONNOR: Thank you, Mr.
President.
This amendment is rather
straightforward. It's, I don't know, probably
the tenth time I've moved this amendment.
It's the same as in a bill that I sponsored
for many years. It's the same, I think, as -
perhaps Senator Spano has a similar bill. And
it would take this experiment of agency shop
and make it a permanent feature of law.
When agency shop first passed some,
2275
now, is it 24 years ago, it was a two-year
bill. It was quite controversial. The
controversial nature of it has certainly waned
over the succeeding decades. And frankly,
Mr. President, it's quite -- I believe it's
unseemly, politically, to just keep doing
two-year extenders on something that is so
very, very important to ensuring
representation for all of our public employee
work force.
And it's just not right to force
this to be a major issue every two years, to
have many of the labor organizations in the
state worrying every two years is agency shop
going to be extended. Because the fees that
agency shop payers generate are very important
to the operations of these collective
bargaining organizations.
So the amendment, Mr. President,
would simply, very simple, make it permanent.
I suggest that we pass this. It's very
simple. It will be aged by next Monday or
Tuesday. And we can get this issue behind us
early in the session. And in other years,
with other leaders, it's been a
2276
last-day-of-the-session thing. But thanks to
our Majority Leader, we're dealing with this
up front, which is good.
And I think we ought to go the
whole way and just make it permanent and end
this 24-year history of making believe we're
experimenting. The experiment is over.
Indeed, I doubt there are many members in the
house -- I know there are some -- who were
here when this experiment began. And I'd
certainly like to see this experiment end as
an experiment before another whole generation
of Senators are sitting here wondering why
they've been doing the same thing over and
over again every two years for 40 years
instead of 24 years.
So I would urge my amendment be
adopted.
ACTING PRESIDENT KUHL: Is there
any other Senator wishing to speak on the
amendment?
Hearing none, the -- Senator
Marchi, on the amendment.
SENATOR MARCHI: I have no -- I
certainly believe in the principle, and I
2277
believe and support this legislation
wholeheartedly. On the other hand, I think
it's a -- it's an act of prudence and a
reassurance to members of these entities that
this undergirds the integrity, the integrity
of the whole process. I don't -- I can't
think of a single member who knows that -- it
has the continuous approval and scrutiny of
this legislative body, on that and other
kindred issues.
And I don't know whether I would
vote for a permanent bill. But I know that
this is all right, and I feel that it does
assure and protect the integrity of the
process by having it on a continuous basis
under public scrutiny. And so I have no
difficulty with it.
I respect the motivation of those
who have introduced this amendment, because it
does strike so -- a strong resonance with all
of us. On the other hand, I still think that
putting it on the biennial basis should be a
note of assurance to everybody that's
affected.
ACTING PRESIDENT KUHL: The
2278
question is on the amendment. All those in
favor of the amendment -
SENATOR CONNOR: I vote in the
affirmative.
ACTING PRESIDENT KUHL: The
Secretary will call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Record the
party-line vote and announce the results.
THE SECRETARY: Ayes, 22; nays,
34. Party vote.
ACTING PRESIDENT KUHL: The
amendment is lost.
The Secretary will 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, 56.
ACTING PRESIDENT KUHL: The bill
is passed.
Record the negatives on Calendar
Number 324 and announce the results.
2279
THE SECRETARY: Those recorded in
the negative on Calendar Number 324 are
Senators Fuschillo, Hannon, Maltese,
Marcellino, and Skelos. Ayes, 51. Nays, 5.
ACTING PRESIDENT KUHL: The bill
is passed.
The Secretary will continue to read
the controversial calendar.
THE SECRETARY: Calendar Number
451, by Senator Larkin, Senate Print 3035, an
act to amend the General Municipal Law, in
relation to -
SENATOR CONNOR: Lay it aside for
the day.
ACTING PRESIDENT KUHL: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
482, by Senator Farley, Senate Print 1958, an
act to amend the Election Law and the State
Finance Law.
SENATOR DOLLINGER: Mr. President.
ACTING PRESIDENT KUHL: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Thank you,
Mr. President. On the bill.
2280
I'll dispense with the questions
for Senator Farley. He and I have discussed
this, I think, every year it's been on the
calendar. I always sort of politely chide my
colleague from the Mohawk Valley and tell him
that we've had several opportunities in this
house to put this into effect -- when we did
the Environmental Bond Act, when we did the
Jobs Act -- and we never quite get to putting
it. It's a great idea, we've just never
followed through.
And I know this will put it into
statute and give it statutory force. I would
only recommend it's such a good idea, the next
time we do a bond issue, let's do it then.
That's the time to really put the meat with
it.
The only other concern I have,
Mr. President -- and I'm not quite sure how I
interpret the bill. But I'm concerned about
the suggestion in the second part of the bill
that there could be promotion by the
government of a bond act. And at least my
understanding is that under current law, we
cannot promote yes or no votes on bond acts.
2281
We can't use the taxpayers' money to encourage
them to vote yes. We can tell them what it is
and we can tell them what it's about and we
can tell them what it's going to cost them,
but we shouldn't be in the business of
promoting yes or no votes with the taxpayers'
money.
And I know Senator Farley knows,
there's a long line of cases about the
constitutional restrictions on using taxpayer
money to fund promotional materials. There's
a reference to promotional materials in the
second part of the bill.
If this comes back again, I would
ask that that section be deleted, because I
think we should only talk -- it's a great
idea, to tell them what it's really going to
cost. But we shouldn't be out promoting yes
and no votes. That's not the way we should
use our tax dollars.
I'll vote in the negative, as I've
done in the past, Mr. President. And I would
expect I may be the only one.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
2282
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negative vote and announce the results.
THE SECRETARY: Ayes, 55. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Balboni, why do you rise?
SENATOR BALBONI: Mr. President,
I was wondering if you would check to see how
I was recorded on Calendar Number 242, Bill
Number 3314 -- I'm sorry. I'm sorry, wrong
bill.
ACTING PRESIDENT KUHL: Senator
Balboni -
SENATOR BALBONI: 324, Calendar
Number 324, Senate Bill Number 1494. How was
I recorded?
ACTING PRESIDENT KUHL: The
Secretary informs me, Senator Balboni, that
2283
you were recorded in the affirmative.
SENATOR BALBONI: I'm sorry,
Mr. President, I believe that's in error. I'd
like to be recorded in the negative. Is that
possible?
ACTING PRESIDENT KUHL: Without
objection -- hearing no objection, Senator
Balboni will be recorded in the negative on
Calendar Number 324.
The Secretary will continue to read
the controversial calendar.
THE SECRETARY: Calendar Number
587, by the Assembly Committee on Rules,
Assembly Print Number 5843, an act to amend
the Tax Law, in relation to extending.
ACTING PRESIDENT KUHL: There is
no home rule message at the desk, which was
previously announced.
But the Chair recognizes Senator
Breslin.
SENATOR BRESLIN: Then through
you, Mr. President, I'd like to ask the
sponsor a question or two.
ACTING PRESIDENT KUHL: Senator
Meier, do you respond to a question from
2284
Senator Breslin?
SENATOR MEIER: Certainly,
Mr. President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR BRESLIN: Are there any
home rules attached to this request for a tax?
SENATOR MEIER: Although there is
not a formal home rule message, there is a
resolution from the county legislature
requesting the introduction and passage of
this legislation.
SENATOR BRESLIN: Thank you very
much, Mr. President.
ACTING PRESIDENT KUHL: Senator
Breslin, also the desk would simply inform
you, in addition to what Senator Meier has
announced to you, that there was a home rule
that was necessary when the bill passed the
Assembly. The Assembly bill is actually
before the house.
That's just for your information.
SENATOR BRESLIN: Thank you very
much, Mr. President.
ACTING PRESIDENT KUHL: The
2285
Secretary will 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.)
ACTING PRESIDENT KUHL: Record
the negative and announce the results.
THE SECRETARY: Ayes, 54. Nays,
2. Senators Dollinger and Gentile recorded in
the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno, that completes the
reading of the controversial calendar.
SENATOR BRUNO: Mr. President, is
there any housekeeping at the desk that we
should take up before we -
ACTING PRESIDENT KUHL: The
housekeeping has all been taken care of,
Senator.
SENATOR BRUNO: Thank you,
Mr. President.
And there being no further business
to come before the Senate, I would move that
2286
we adjourn until April 26, 3:00 p.m.,
intervening days to be legislative days.
Enjoy the weekend.
ACTING PRESIDENT KUHL: Without
objection, the Senate stands adjourned until
Monday, April 26, at 3:00 p.m., intervening
days to be legislative days.
(Whereupon, at 12:15 p.m., the
Senate adjourned.)