Regular Session - May 26, 1999
3337
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 26, 1999
11:04 a.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
3338
P R O C E E D I N G S
ACTING PRESIDENT McGEE: The Senate
will come to order. I ask everyone present to
please rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: In the
absence of clergy may we bow our heads in a
moment of silence.
(Whereupon a moment of silence was
observed.)
ACTING PRESIDENT McGEE: Reading of
the Journal.
THE SECRETARY: In Senate,
Tuesday, May 25th, the Senate met pursuant to
adjournment. The Journal of Monday, May 24th
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Madam President,
can we at this time ask for an immediate
meeting of the Rules Committee in Room 332.
ACTING PRESIDENT McGEE: There will
3339
be an immediate meeting of the Rules Committee
in Room 332.
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.
Communications and reports of state
officers.
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
On behalf of Senator Velella,
please remove the sponsor star on Calendar
Number 329.
ACTING PRESIDENT McGEE: So
ordered. The star is removed.
SENATOR MARCELLINO: Thank you.
Madam President, I wish to call up Calendar
Number 824, Assembly Print Number 6547.
ACTING PRESIDENT McGEE: The
Secretary will read.
3340
THE SECRETARY: By member of the
Assembly Magee, Assembly Print 6547, an act to
amend the Agriculture and Markets Law.
SENATOR MARCELLINO: Madam
President, I now move to reconsider the vote
by which this Assembly Bill was substituted
for Senator McGee's bill, Senate Print Number
3424, on 5/4.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
SENATOR MARCELLINO: Madam
President, I now move that Assembly Bill
Number 6547 be committed to the Committee on
Rules and Senator McGee's Senate Bill be
restored to the order of the Third Reading
Calendar.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR MARCELLINO: Madam
President, I now offer the following
amendments.
ACTING PRESIDENT McGEE: Amendments
received.
3341
SENATOR MARCELLINO: Madam
President, I move the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause, specifically Senator
Alesi's Bill, Senate Number 5692.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR MARCELLINO: Thank you,
Madam President.
On page number 54, I offer the
following amendments to Calendar Number 1046,
Senate Print Number 4903, and ask that said
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
Again, on page number 38, I offer
the following amendments to Calendar Number
846, Senate Print Number 4719, and ask that
said bill retain its place on the Third
3342
Reading Calendar.
ACTING PRESIDENT McGEE: The
amendment is received and the bill will retain
its place on the Third Reading Calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
On page number 27, I offer the
following amendments to Calendar Number 662,
Senate Print Number 3868-A, and ask that said
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT McGEE: The
amendment is received and the bill will retain
its place on the Third Reading Calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Madam President,
are there any substitutions at the desk?
ACTING PRESIDENT McGEE: We have
one.
SENATOR BRUNO: Please make the
substitution.
ACTING PRESIDENT McGEE: The
3343
Secretary will read.
THE SECRETARY: On page 20,
Senator Bruno moves to discharge from the
Committee on Rules, Assembly Bill 996-A, and
substitute it for the identical Third Reading
528.
ACTING PRESIDENT McGEE: The
substitution is ordered.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe that there is a privileged
resolution at the desk. I would that -- by
Senator Goodman. I would ask that the title
be read and move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Goodman, Legislative Resolution Number 1577,
celebrating the life and accomplishments of
Leon Hess.
ACTING PRESIDENT McGEE: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT McGEE: Opposed
3344
Nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there is another privileged
resolution by Senator Gentile. I would ask
that the title be read and move for its
immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Gentile, Legislative Resolution Number 1576,
honoring New York Mets pitcher John Anthony
Franco upon the occasion of his outstanding
athletic achievement to become the first left
handed reliever to reach 400 saves.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT McGEE: Opposed
nay.
(No response.)
3345
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we ask for an immediate meeting of the
Labor Committee in Room 332.
ACTING PRESIDENT McGEE: There will
be an immediate meeting of the Labor Committee
in Room 332.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up the
non-controversial reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
246, by Member of the Assembly Englebright,
Assembly Print 4995, an act relating to
employees effected by the transfer of funds of
the Veteran's Education Program.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
3346
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
436, by Member of the Assembly Eve, Assembly
Print 6758, an act to amend Chapter 198 of the
Laws of 1978.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
437, by Senator Farley, Senate Print 3532, an
act in relation to the calculation of average
daily attendance.
ACTING PRESIDENT McGEE: Read the
last section.
3347
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
549, by Senator Goodman, Senate Print 2753-B,
an act to amend the Penal Law, the Criminal
Procedure Law and the Family Court Act.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
700, by Senator Lack, Senate Print 3644, an
act to amend the Lien Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3348
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
756, by Senator Skelos, Senate Print 1609, an
act to amend the Correction Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
764, by Senator Meier, Senate Print 4866, an
act to amend the Town Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
3349
is passed.
THE SECRETARY: Calendar Number
775, by Senator Alesi, Senate Print 4554-B, an
act to amend the Highway Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Just to
explain my vote, I am going to vote for this
bill but I guess I find it still amazing that
a highway is going to be renamed which is
entirely, entirely within the 54th Senate
District and for some reason the person who
represents the 54th Senate District isn't even
asked to be a sponsor.
I guess that's the way this system
works. I find it astounding that it works
that way, but I don't know whatever happened
to sort of senatorial courtesy or whatever we
call it. I have heard it referred to a lot
here, but it just doesn't seem to happen.
I will vote in favor. This isn't a
3350
bad idea, but I am astounded that these things
happen and I can only consider them frankly as
the opposite.
ACTING PRESIDENT McGEE: Senator
Dollinger will be recorded in the affirmative.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
856, by Senator Skelos, Senate Print 4649-A,
an act to amend the Bay Park Library Service
Act.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
3351
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
878, by Senator Lack, Senate Print 5062, an
act to amend the Estates, Powers and Trust
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Section 32, Part A, of Chapter 389 of the Laws
of 1997.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
882, by Senator Velella, Senate Print 5544,
an act to amend the Judiciary Law and the
State Finance Law.
ACTING PRESIDENT McGEE: Read the
last section.
3352
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
974, by Senator Marcellino, Senate Print 5404,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
roll.
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
975, by Senator Marcellino, Senate Print 5406,
an act to amend the Environmental Conservation
3353
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
976, by Senator Marcellino, Senate Print 5407,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 38.
3354
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
977, by Senator Marcellino, Senate Print 5408,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
989, by the Assembly Committee on Rules,
Assembly Print 8225, an act to amend the
Criminal Procedure Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3355
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 39.
ACTING PRESIDENT McGEE: The bill
is passed. Senator Bruno that completes the
non-controversial reading of calendar.
SENATOR BRUNO: Can we at this
time take up the controversial reading of the
calendar?
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
549, by Senator Goodman, Senate Print 2753-B.
SENATOR BRUNO: Lay the bill
aside for the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
756, by Senator Skelos, Senate 1609, an act to
amend the Correction Law.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Skelos, an explanation has been requested.
SENATOR SKELOS: Madam President,
3356
This is bill would require that an inmate make
a co-pay of $2.00 for each inmate initiated
medical or dental visit. An inmate would not
be denied care because of lack of funds and it
would be optional on the individual counties
throughout the State or the City of New York
to opt into this program.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, with some of the problems with HMOs
and managed care, I have considered having
myself imprisoned to get some of my health
care services, but short of that, Senator
Skelos, don't you think that the cost to the
municipality to determine whether or not the
defendant is indigent or in position to pay
their own medical expenses probably exceeds
the system that provides the medical care to
them?
SENATOR SKELOS: This question,
as you know, was eloquently asked last year by
Senator Waldon when this was brought to the
floor for a vote, and I responded that -- I
believe I responded that the counties or the
3357
city would obviously not opt into it if they
felt it would cost them more money, and it
passed 56 to five, with Senators Paterson,
Leichter, Montgomery, Stavisky and Waldon
against the bill.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, I think Senator Skelos is gaining
momentum. I don't think that Senator Leichter
is going to vote against the bill this year,
but the four of us that did probably will
continue.
SENATOR SKELOS: Maybe Senator
Schneiderman. I believe it would perhaps
continue in that tradition.
SENATOR PATERSON: It is
possible. If the Senator would yield for one
question?
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Yes.
SENATOR PATERSON: Senator, once
you have a system in place, and actually I
like the work that has been done on the bill,
3358
the idea of giving the municipalities the
opportunity to opt out because we have had
this a few years and have talked about it at
some length and one of the things that Senator
Waldon had also somewhat touched upon is, once
you have a system where you are investigating,
does that in some respect impinge upon the
actual standard for which would be
determinative of whether or not the individual
can actually pay. In other words, once you
are actively looking for people who can not
afford it, wouldn't it be if there is any
finding that there are any resources at all on
the part of the defendant that it would then
be considered that those resources could be
contributed to their own health care?
SENATOR SKELOS: It would be used
for them to pay the co-pay of two dollars.
And I think there are other bills that have
been passed concerning payments for probation
costs, which I have passed, payments for
medical cost for non indigent prisoners, which
we have passed, and unfortunately the other
house has not seen fit to follow the lead of
the Senate and pass this legislation also.
3359
SENATOR PATERSON: Thank you,
Senator.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 756 are
Senators Duane, Paterson, Rosato and Santiago.
Ayes 36, nays 4.
ACTING PRESIDENT McGEE: The bill
is passed.
Also Senator Smith will be recorded
in the negative.
Senator Bruno, that completes the
reading of the controversial calendar.
SENATOR BRUNO: Madam President,
can we now return to the reports of standing
committees. I believe there is a report at
the desk.
ACTING PRESIDENT McGEE: Reports of
standing committees.
3360
The Secretary will read.
THE SECRETARY: Senator Bruno
from the Committee on Rules reports the
following bill directly for third reading;
Senate Print 5655, by Senator Bruno, an act to
amend the Tax Law, in relation to earned
income credit.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Rules
Committee, signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT McGEE: Opposed
nay.
(No response.)
ACTING PRESIDENT McGEE: The report
is accepted.
Senator Bruno.
SENATOR BRUNO: Can we at this
time take up Senate Number 5655.
ACTING PRESIDENT McGEE: The
Secretary will read.
3361
THE SECRETARY: Calendar Number
1087, by Senator Bruno, Senate Print 5655, an
act to amend the Tax Law, in relation to the
earned income credit.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes -
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: To explain my
vote, Madam President.
ACTING PRESIDENT McGEE: Senator
Dollinger to explain his vote.
SENATOR DOLLINGER: Thank you,
Madam President.
This bill which I have voted for in
several previous versions presented to this
chamber would expand the earned income tax
credit in New York State from 20 percent to an
eventual 30 percent in the year 2001.
3362
I rise today simply to say that
this is an idea that found its genesis on this
side of the aisle, which has taken about 18
months to make its way the ten foot distance
from Senator Connor's chair to Senator Bruno's
chair in the chamber. I think that is a good
thing. I wish it had been done a year earlier
because I think the expansion of the State
earned income tax credit does good things for
the people of this State. This expansion and
the whole concept of the earned income tax
credit has been praised by everyone as one of
the critical tools to allow people to escape
from welfare. And it is only through the
expansion of this that we end up with a
program that has been described as, in a
federal report in the Center for Budget and
Policy Priorities, as the single program for
moving the largest number of children from
poverty.
It is too bad it has taken a year
to get that far. I am pleased that it finally
has, and my only hope is that having adopted
this idea from the Democratic portion of this
house, that other ideas from the Democratic
3363
Party with respect to increasing tax cuts and
providing a better balance in our tax cuts
will be a part of the future of this State,
part of the future deliberations of this
house, and maybe even part of a budget in New
York State.
Thank you, Madam President.
ACTING PRESIDENT McGEE: The
Secretary will announce the results.
THE SECRETARY: Ayes 44.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Waldon.
SENATOR WALDON: Thank you, Madam
President.
I was out of the chamber when we
dealt with Calendar Number 756, I respectfully
request unanimous consent to be recorded in
the negative.
ACTING PRESIDENT McGEE: Without
objection, Senator Waldon will be recorded in
the negative.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like to be recorded in the
3364
negative on Calendar Number 756.
ACTING PRESIDENT McGEE: Without
objection, Senator Montgomery will be recorded
in the negative.
Senator Bruno.
SENATOR BRUNO: Is there any
housekeeping at the desk, Madam President?
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Madam President,
on behalf of Senator Skelos, on page number
33, I offer the following amendments to
Calendar Number 783, Senate Print Number
5075-A, and ask that said bill retain its
place on Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendment is received and the bill will retain
its place on the Third Reading Calendar.
Senator Bruno.
SENATOR BRUNO: Madam President,
I would like to ask for an immediate,
following the conclusion of this session,
immediate conference of the Majority in the
Conference Room.
And there being no further business
3365
to come before the Senate I would move that we
stand adjourned until Tuesday, June 1st at
3:00 p.m., intervening days being legislative
days.
I wish you all a safe and happy and
pleasant holiday.
ACTING PRESIDENT McGEE: There will
be an immediate meeting of the Majority
Conference in the Conference Room.
On motion, the Senate stands
adjourned until Tuesday, June 1st at 3:00
p.m., intervening days being legislative days.
(Whereupon, at 11:25 a.m., the
Senate adjourned.)