Regular Session - August 3, 1999
6636
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
August 3, 1999
11:41 a.m.
REGULAR SESSION
SENATOR JOHN R. KUHL, JR., Acting President
STEVEN M. BOGGESS, Secretary
6637
P R O C E E D I N G S
ACTING PRESIDENT KUHL: The
Senate will come to order.
I ask the members to take their
seats, staff to take their seats.
At this time I ask everyone in the
chamber to please stand and recite with me the
Pledge of Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT KUHL: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT KUHL: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, August 2nd, the Senate met pursuant to
adjournment. The Journal of Sunday,
August 1st, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT KUHL: Hearing
no objection, the Journal stands approved as
read.
6638
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
think it would be appropriate at this time to
stand at ease. Sit at ease. Anything you
want, stand or sit at ease.
ACTING PRESIDENT KUHL: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:44 a.m.)
(Whereupon, the Senate reconvened
at 11:47 a.m.)
ACTING PRESIDENT KUHL: Senate
will come to order.
Senator Skelos.
SENATOR SKELOS: Would you please
recognize Senator Nozzolio.
ACTING PRESIDENT KUHL: Senator
6639
Nozzolio.
SENATOR NOZZOLIO: Thank you,
Mr. President.
There will be an immediate meeting
of the Crime Victims, Crime and Corrections
Committee in the Majority Conference Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Crime, Crime Victims and
Corrections Committee in the Majority
Conference Room, Room 332. Immediate meeting
of the Crime, Crime Victims and Corrections
Committee in the Majority Conference Room,
Room 332.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT KUHL: We have.
If we could return to the order of
motions and resolutions, the Chair would
recognize Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
I wish to call up Senator
Stafford's bill, Print Number 1602B, recalled
from the Assembly, which is now at the desk.
6640
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1205, Senate Budget Bill, Senate Print 1602B,
an act making appropriations for the support
of government.
ACTING PRESIDENT KUHL: Senator
Meier.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT KUHL: Senator
Meier.
SENATOR MEIER: Mr. President, I
now move to recommit the bill to the Committee
on Finance.
ACTING PRESIDENT KUHL: The bill
is recommitted to the Committee on Finance.
Senator Meier.
SENATOR MEIER: Mr. President, I
6641
wish to call up Senator Stafford's bill, Print
Number 3286A, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1207, Senate Budget Bill, Senate Print 3286A,
an act making appropriations for the support
of government.
ACTING PRESIDENT KUHL: Senator
Meier.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT KUHL: Senator
Meier.
SENATOR MEIER: Mr. President, I
now move to recommit the bill to the Committee
on Finance.
ACTING PRESIDENT KUHL: The bill
6642
is recommitted.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
I wish to call up Senator Bruno's
bill, Print Number 2A, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1214, by Senator Bruno, Senate Print 2A, an
act to amend the Tax Law.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which this bill was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
6643
President, I now move to recommit the bill to
the Committee on Finance.
ACTING PRESIDENT KUHL: The bill
is recommitted to the Committee on Finance.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I wish to call up another bill of
Senator Bruno's, Print Number 3A, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1215, by Senator Bruno, Senate Print 3A, an
act in relation to enacting the Jobs 2000 for
New York State.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
6644
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I move to recommit the bill to the
Committee on Finance.
ACTING PRESIDENT KUHL: The bill
is recommitted to the Committee on Finance.
SENATOR MARCELLINO: Thank you.
ACTING PRESIDENT KUHL: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Stafford, I
wish to call up Print Number 3287A, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1209, Senate Budget Bill, Senate Print 3287A,
an act making appropriations for the support
of government.
ACTING PRESIDENT KUHL: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
6645
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT KUHL: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
recommit the bill to the Committee on Finance.
ACTING PRESIDENT KUHL: The bill
will be recommitted to the Committee on
Finance.
Senator Fuschillo.
SENATOR FUSCHILLO: I wish to
call up Senator Stafford's bill, 3288A,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1211, Senate Budget Bill, Senate Print 3288A,
an act making appropriations for the support
of government.
ACTING PRESIDENT KUHL: Senator
Fuschillo.
6646
SENATOR FUSCHILLO: I now move to
reconsider the vote by which this bill was
passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT KUHL: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
recommit the bill to the Committee on Finance.
ACTING PRESIDENT KUHL: The bill
will be recommitted to the Committee on
Finance.
Senator Rath.
SENATOR RATH: Mr. President, I
wish to call up my bill, Print Number 4036,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1015, by Senator Goodman, Senate Print 4036,
an act to amend the Public Officers Law.
6647
ACTING PRESIDENT KUHL: Senator
Rath.
SENATOR RATH: Mr. President, I
wish to reconsider the vote by which this bill
was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT KUHL: Senator
Rath.
SENATOR RATH: Mr. President, I
now move to recommit the bill to the Committee
on Rules.
ACTING PRESIDENT KUHL: The bill
is recommitted to the Committee on Rules.
Senator Rath.
SENATOR RATH: Mr. President, I
wish to call up my bill, Print Number 5114A,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
6648
920, by Senator Rath, Senate Print 5114A, an
act to amend the Real Property Tax Law.
ACTING PRESIDENT KUHL: Senator
Rath.
SENATOR RATH: Mr. President, I
now move to reconsider the vote by which the
bill was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT KUHL: Senator
Rath.
SENATOR RATH: I now move to
recommit the bill to the Committee on Rules.
ACTING PRESIDENT KUHL: The bill
is recommitted to the Committee on Rules.
Senator Skelos.
SENATOR SKELOS: Mr. President,
the Crime and Corrections Committee is meeting
now on one nomination. When they return, we
will call an immediate meeting of the Finance
Committee. So we will stand at ease for about
five more minutes.
6649
ACTING PRESIDENT KUHL: The
Senate will stand at ease for approximately
five minutes.
(Whereupon, the Senate stood at
ease at 11:54 a.m.)
(Whereupon, the Senate reconvened
at 11:59 a.m.)
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room. And the Senate will stand at ease
again.
ACTING PRESIDENT KUHL: Immediate
meeting of the Senate Finance Committee in the
Majority Conference Room, Room 332. Immediate
meeting of the Senate Finance Committee in the
Majority Conference Room, Room 332.
The Senate will continue to stand
at ease.
(Whereupon, the Senate stood at
ease at 12:00 p.m.)
(Whereupon, the Senate reconvened
at 12:27 p.m.)
6650
ACTING PRESIDENT KUHL: The
Senate will come to order.
Members please take their places,
staff their places.
Senator Skelos.
SENATOR SKELOS: If we could
return to reports of standing committees, I
believe there's a report of the Finance
Committee at the desk. I ask that it be read.
ACTING PRESIDENT KUHL: We will
return to the order of reports of standing
committees. There is a report of the Finance
Committee at the desk. The Secretary will
read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As a member of the State Board of
Parole, Daizee D. Bouey, of Huntington.
ACTING PRESIDENT KUHL: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
I'm so pleased that I can again stand today
and state that we have excellent nominations.
And it is a pleasure for me now to
6651
yield to a Senator who I'm sure is on his way
in. I'm sure he'll be here in just a second.
So -- he's not here, so it will be a pleasure
for me to move the nomination of Ms. Bouey.
I will say to you, Mr. President,
that the Governor is to be complimented on the
professionals that he is putting in various
positions of responsibility; in this case the
Parole Board.
The Crime and Correction Committee
reviewed the credentials of this fine nominee,
and also the nominee appeared before the
Finance Committee and gave an excellent
statement. And to her credit, there was no
discussion and no questions. And the nominee
was moved to the floor, and it is a pleasure
for me now to move the nomination.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the nomination?
Hearing none, the question is on
the nomination of Daizee D. Bouey of
Huntington, New York, to become a member of
the State Board of Parole. All those in favor
signify by saying aye.
(Response of "Aye.")
6652
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is unanimously confirmed.
We're very, very pleased to have
Ms. Bouey with us here today, together with
her mother, Ora. And they're in the gallery
to your left.
Congratulations; good luck.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: As a member of
the State Board of Parole, Joseph J. Gawloski,
of Yonkers.
ACTING PRESIDENT KUHL: Senator
Stafford.
SENATOR STAFFORD: We have three
here taking care of the papers, and sometimes
three can't do it as well as one.
But, Mr. President, again, Joseph
Gawloski appeared before our committee this
morning, and had appeared before. It is a
renomination. And Joseph has done a fine job,
6653
and this nominee also fits right perfectly
into what I said about having professionals
being appointed to these positions of
responsibility. The nominee has done an
excellent job in his previous
responsibilities, and has done an excellent
job on the board.
And with that, it's a pleasure to
yield -- yield to Senator Nozzolio, who I'm
sure will want to also move the nomination,
due to the fact that he carries out the
responsibilities of Crime and Correction so
well, with sensitivity, with professionalism,
and with a great deal of commitment. So I now
yield to the Senator who is chair of Crime and
Corrections, Senator Nozzolio.
ACTING PRESIDENT KUHL: The Chair
recognizes Senator Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President.
Mr. President, my colleagues, I am
indeed humbled by Senator Stafford's
recommendation. And thank you very much,
Senator, for those kind words. I return the
compliment to you for all you do on behalf of
6654
this house.
Ladies and gentlemen of this house,
that as we have three members of the parole
board that are seeking nomination or
renomination to that board, I rise in support
of all three. I was inadvertently out of the
chamber when Ms. Bouey was so nominated and
confirmed by this house. I just would like to
say, with your -- without objection,
additional comments in praise of her
nomination as a member of the City
administration, one who has worked in
corrections, one who has a great deal of
background and training in the criminal
justice system.
Indeed, she is a fine nomination,
and I praise Governor Pataki for making this
step and certainly congratulate Ms. Bouey on
her confirmation. She will be an excellent
member of the Parole Board.
Before us now is the renomination
of Joe Gawloski, that because of Joe's filling
an unexpired term, it was just six weeks
ago -- although to many of us, that six weeks
really seems like six months or six years -
6655
since Joe Gawloski was confirmed by the
Senate, that I certainly could take out the
good things I said about him then and put them
in his renomination.
But, Joe, you certainly, during
these last six weeks and during the
twenty-some-odd years that you have worked for
parole -- in the parole system, you are
certainly to be congratulated and thanked for
all you do.
Mr. President, I just also would
like to state a word, if it's not too out of
order, on behalf of Ileana Rodriguez, another
renomination, that she will be on the agenda
very shortly for consideration by this body.
I think it appropriate, since I am
up, I'd also like to say a word about her,
that she has been a true star on the Parole
Board during her tenure, that her creativity
and energy is exceeded by no one, and that she
certainly has been a tremendous addition.
And Governor Pataki is very wise -
was very wise to nominate her, and we're
certainly glad that she is accepting her
renomination by this -- by the Parole
6656
Commission and by the Governor.
Mr. President, we have very
outstanding candidates serving in this
important criminal justice capacity. And I
compliment them, I compliment the Governor. I
also would like to say a word about Brion
Travis, who is chairman of the board, who is
also here today. That this is a team that has
worked very well together, they are working
very, very hard. And we will do all we can to
continue helping them and assisting them in
their efforts.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Is there
any other Senator wishing to speak on the
nomination?
Senator Spano.
SENATOR SPANO: Thank you, Mr.
President.
It's my pleasure once again to get
up to speak in favor of the nomination of Joe
Gawloski. It was just a few months ago when
we -- I had an opportunity to speak on the
floor for his appointment.
And Joe Gawloski is a person who
6657
is -- started with parole some twenty -- back
in 1968, in 1969, as a trainee, has put all
that experience within the field of parole to
work during a period when he served as the
executive director of the Division of Parole
for five years.
I was very pleased to see the
Governor appoint Mr. Gawloski as a member of
the State Board of Parole. He will make us
proud, as he has. He's been a dedicated
public servant for the last twenty years and
will continue to do well in the position as a
member of the State Board of Parole.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Velella.
SENATOR VELELLA: Mr. President,
I too would like to add my voice to those to
confirm the current nominee.
He has exercised very, very sound
judgment in choosing to live in the right part
of Yonkers, the part represented by Senator
Velella rather than by Senator Spano. So
anyone who could exercise that type of
judgment I think deserves another term on the
6658
Parole Board.
Congratulations. I'm happy to
second your nomination.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the nomination?
The question is on the nomination
of Joseph J. Gawloski, of Yonkers, to become a
member of the State Board of Parole. 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.
We're very pleased to have
Mr. Gawloski in the chamber with us today.
Good luck and congratulations.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will continue to read.
THE SECRETARY: As a member of
the State Board of Parole, Ileana Rodriguez,
Ph.D., of New City.
ACTING PRESIDENT KUHL: Senator
6659
Stafford.
SENATOR STAFFORD: Mr. President,
it's a pleasure -- for, again, a professional,
excellent nominee -- it's a pleasure to yield
to Senator Morahan.
SENATOR MORAHAN: Thank you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Morahan.
SENATOR MORAHAN: Thank you,
Senator Stafford.
I rise in honor and in pleasure to
nominate -- or to second the nomination of a
most qualified constituent, Dr. Ileana
Rodriguez. The doctor is a member of the New
York State Parole Board and, as testified to
by Senator Nozzolio, has shown creativity,
energy, and dedication to the task at hand,
and is eminently qualified to continue to
serve in this important position.
Her doctorate is in clinical
psychology, and she is currently affiliated
with the Department of Community Mental Health
in Westchester County. She has been a
published author and, in addition to her
6660
professional activities and affiliations, she
has been a contributing member of the
community. Dr. Rodriguez has served on the
Cuban National Planning Council, as a member
of the Cuban-Haitian Task Force amongst other
high positions of importance.
As I said, it's my pleasure and
honor to nominate Dr. Rodriguez for a
continuing term on the New York State Parole
Board.
And I'm delighted to meet you, it's
good to see you, and good luck.
Thank you, Mr. Senator.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the nomination?
Senator Spano.
SENATOR SPANO: Thank you, Mr.
President.
It is my pleasure also to get up
and speak in favor of the nomination of
Dr. Ileana Rodriguez. Dr. Rodriguez, before
moving to New City, was a resident of the city
of Yonkers, and we will not hold that against
you -- in my portion of the city of Yonkers.
And Dr. Rodriguez has got the type
6661
of background in terms of psychology and
psychotherapy that is very similar to the
background of Daizee Bouey, who we just
confirmed. And these three individuals, with
Joseph J. Gawloski, will be a part of a great
team working with the chairman of our Division
of Parole, Brion Travis.
It is my pleasure to second the
nomination, to join with my colleague, Senator
Morahan, in seconding the nomination of
Dr. Rodriguez, and to say that I know that she
will put her valuable background and knowledge
and continue to be a valuable asset to the
State Division of Parole.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Mendez, on the nomination.
SENATOR MENDEZ: Yes,
Mr. President, I also rise in support of the
nomination of Dr. Ileana Rodriguez.
First, I want to mention that the
Governor has submitted the names, for all
these different positions, of very highly
qualified candidates.
I am taken aback by the fact that
6662
here we have today -- we are confirming two
women, Daizee Bouey and Dr. Rodriguez, an
African-American woman and a Cuban-American
woman. Both of them, with extensive knowledge
of the criminal justice field, are very
deserving of that position that they have been
nominated for.
And with the nice gentleman over
there, they will make an extremely wonderful
team to make the board function even more so
efficiently and competently than it did
before.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the nomination?
The question is on the nomination
of Ileana Rodriguez, of New City, to become a
member of the State Board of Parole. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is unanimously confirmed.
6663
We're very pleased to have
Dr. Rodriguez with us. Dr. Rodriguez, good
luck.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: As a member of
the New York State Employment Relations Board,
Richard A. Torrey, of East Greenbush.
ACTING PRESIDENT KUHL: Senator
Stafford.
SENATOR STAFFORD: Thank you, Mr.
President.
An excellent reappointment.
Richard and I go way back. And I certainly am
pleased to yield to the Senator from
Westchester.
ACTING PRESIDENT KUHL: Senator
Spano.
SENATOR SPANO: It's my day
today. Thank you, Mr. President.
It is my pleasure to second the
nomination of Dick Torrey as a member of the
State Employment Relations Board. His
credentials are well-known to those members of
6664
the Labor Committee in the Senate as well as
representatives from organized labor across
the state, having served for 12 years as the
associate director of legislation for the
state AFL-CIO. He has got extensive
experience with labor and management
negotiations through his service on the State
Employment Relations Board, serving subject to
the -- at the recommendation of the Speaker of
the Assembly.
And it's my pleasure to second his
nomination.
ACTING PRESIDENT KUHL: Is there
any other Senator wishing to speak on the
nomination?
Hearing none, the question is on
the nomination of Richard A. Torrey of East
Greenbush to become a member of the New York
State Employment Relations Board. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
6665
nominee is confirmed.
We're very pleased to have
Mr. Torrey with us in the chamber today, to
your left.
Congratulations and good luck.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
James H. Harding, Jr., of New York City.
ACTING PRESIDENT KUHL: The
question is on the nomination of James H.
Harding, Jr., of New York City, to become a
member of the Metropolitan Transportation
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.
6666
THE SECRETARY: As a member of
the Board of Directors of the New York State
Science and Technology Foundation, Morris I.
Stoler, of Greenlawn.
ACTING PRESIDENT KUHL: The
question is on the nomination of Morris I.
Stoler, of Greenlawn, 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 read.
THE SECRETARY: As a member of
the Long Island State Park, Recreation and
Historic Preservation Commission, John Fuchs,
of Huntington.
ACTING PRESIDENT KUHL: The
question is on the nomination of John Fuchs,
of Huntington, to become a member of the Long
Island State Park, Recreation and Historic
6667
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 read.
THE SECRETARY: As a member of
the Veterans Affairs Commission, Ben E. Peets,
of Tupper Lake.
ACTING PRESIDENT KUHL: The
question is on the nomination of Ben E. Peets,
of Tupper Lake, to become a member of the
Veterans Affairs Committee. 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 read.
THE SECRETARY: As members of the
6668
Empire State Plaza Art Commission, Barbara
Kaiser Bray, of Albany; Marijo Dougherty, of
Schenectady; and J. Stanley Yake, of Rexford.
ACTING PRESIDENT KUHL: The
question is on the multiple nominees to become
members of the Empire State Plaza Art
Commission. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominees are confirmed.
The Secretary will read.
THE SECRETARY: As director of
the Municipal Assistance Corporation for the
City of New York, Joseph H. Holland, of New
York City.
ACTING PRESIDENT KUHL: The
question is on the nomination of Joseph H.
Holland, of New York City, to become the
director of the Municipal Assistance
Corporation of the City of New York. All
those in favor signify by saying aye.
6669
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Public Health Council, Reverend Monsignor
Dennis M. Regan, of Commack.
ACTING PRESIDENT KUHL: The
question is on the nomination of Reverend
Regan of Commack to become a member of the
Public Health Council. 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 read.
THE SECRETARY: As a member of
the Board of Visitors of the Queens Children's
Psychiatric Center, Jeanne S. Riger, of
6670
Whitestone.
ACTING PRESIDENT KUHL: The
question is on the nomination of Jeanne S.
Riger, of Whitestone, to become a member of
the Board of Visitors of the Queens Children's
Psychiatric Center. 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 read.
THE SECRETARY: As a member of
the Board of Visitors of the Western New York
Developmental Disabilities Services Office,
Kay F. Cook, of Batavia.
ACTING PRESIDENT KUHL: The
question is on the nomination of Kay F. Cook,
of Batavia, to become a member of the Board of
Visitors of the Western New York Developmental
Disabilities Services Office. All those in
favor signify by saying aye.
(Response of "Aye.")
6671
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
Senator McGee.
SENATOR McGEE: Mr. President,
will you please recognize Senator Dollinger.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
There will be an immediate
conference of the Minority in the Minority
Conference Room, Room 314.
Mr. President, my understanding is
that the Majority will report a bill out
before we go to conference. We'd consent to
that, Mr. President.
Thank you.
ACTING PRESIDENT KUHL: The
Secretary will continue to read the report of
the Finance Committee.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
6672
following bill direct to third reading:
Senate Print 6077, by the Senate
Committee on Rules, an act to amend the Social
Services Law.
ACTING PRESIDENT KUHL: Without
objection, the bill is ordered directly to
third reading.
Now, Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
With that in mind, we'd like to
repeat the call for a Minority conference,
conference of the Minority, in Room 314.
Immediately, Mr. President.
ACTING PRESIDENT KUHL: There
will be an immediate conference of the
Minority, immediate conference of the Minority
in the Minority Conference Room, Room 314.
Senator McGee.
SENATOR McGEE: Mr. President,
the Senate will stand at ease.
ACTING PRESIDENT KUHL: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 12:49 p.m.)
6673
(Whereupon, the Senate reconvened
at 1:05 p.m.)
ACTING PRESIDENT KUHL: Senator
McGee.
SENATOR McGEE: Mr. President,
there will be an immediate conference of the
Senate Majority in the Senate Majority
Conference Room, please.
ACTING PRESIDENT KUHL: Immediate
meeting of the Senate Majority Conference,
immediate meeting of the Senate Majority
Conference in the Majority Conference Room,
Room 332. Immediate meeting of the Senate
Majority in the Majority Conference Room, Room
332.
And the Senate continues to stand
at ease.
(Whereupon, the Senate stood at
ease at 1:06 p.m.)
(Whereupon, the Senate reconvened
at 1:50 p.m.)
ACTING PRESIDENT KUHL: The
members will come to order. If the staff
could find their places.
Senator Skelos.
6674
SENATOR SKELOS: If we could
return to the order of motions and
resolutions.
ACTING PRESIDENT KUHL: We will
return to the order of motions and
resolutions.
The Chair recognizes the
distinguished Senator from the western part of
New York, Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
I move that the following bills be
discharged from their respective committees
and be recommitted, with instructions to
strike the enacting clause. And this is on
behalf of Senator Marcellino. Senate Number
823, Senate Number 832, Senate Number 1499,
Senate Number 3221, Senate Number 5409.
ACTING PRESIDENT KUHL: The
enacting clauses on those bills will be
stricken. The bills will be recommitted.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Skelos.
6675
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1645.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1645, by the Senate Committee on Rules, Senate
Print 6077, an act to amend the Social
Services Law, in relation to medical
assistance exclusion.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT KUHL: An
explanation has been requested of Calendar
Number 1645, Senator Farley, by Senator
Dollinger.
SENATOR FARLEY: Senator
Dollinger, this is a Rules bill that we pass
every year. Actually, this talks about
Medicaid abortions.
All this is is a conformity bill
that puts us in conformity with almost the
vast preponderance of states, 40 some odd
states, that follow the federal guidelines for
Medicaid funding for abortions.
It provides that Medicaid will not
pay for an abortion unless it's necessary to
6676
save the mother's life, where a pregnancy is a
result of rape or incest which was reported by
a law enforcement agency, or under conditions
required by federal law as a condition of
continued state participation in the federal
matching funding.
New York is only one of 14 states
which funds abortion on demand. This means
that New York taxpayers bear a hundred percent
of the cost of Medicaid abortions, as federal
Medicaid funds are only available in medically
indicated abortions. Nearly half, 43.4
percent, of the 145,000 abortions performed
annually in New York are paid by Medicaid, at
a cost of $33 million. A vast majority of
Medicaid funded abortions, 92 percent, are for
nonmedical, convenience reasons.
Most New Yorkers oppose abortions.
A New York Times poll found that 72 percent of
those polled believed that costs should be
paid directly by the women who have the
abortions.
I realize this is for poor women.
We're not saying that poor women can have -
cannot have abortions. This does not ban
6677
abortions. The Supreme Court has spoken on
that issue. But it does say that, for
instance, for elective abortions that are not
medically necessary, that that person either
should be paid for by a private fund or by the
individual.
We're not talking a great deal of a
situation. It's a conformity bill. It's how
most of the nation feels. New York is out of
step here. This Senate has for years and
years, for the 24 years that I've been here,
has always supported this legislation.
Actually, in years past, I guess my
first 10 or 15 years here, maybe 10 or 12,
they used to do an amendment -- I think many
of us believe that -- where we held up the
budget until this was taken out. Then other
people would have to jump off so that we'd
have to pass a budget. We always wanted to
pass this bill, but it never really happened.
This is a bill that passes, goes
over to the Assembly. Unfortunately, they
don't even take it up. But it is -- this is
not a political issue. This is not an issue
that follows party lines. As a matter of
6678
fact, some of the most devout pro-life people
are on the other side of the aisle.
And with that, I can recall over
the years the debate that's been on this
issue. It is an emotional issue. But more
and more, it's just an issue that we're making
a statement that Medicaid funding of elective
abortions will be only funded by the federal
guidelines, which I think is reasonable. It's
not -- it's not banning abortions.
Always during the debate of this
bill, they say "We don't want to go back to
the coat hangers. We don't want to go back to
women not having -- being able to have
abortions in the back rooms," and all of this.
Abortions are legal in this state. They're
allowed. And there's no reason to go into a
back room. You can go to a doctor, to a
clinic.
And all of the money that is spent
by the pro-choice people -- and they are very
heavy contributors, and we realize that -
they ought to be able to pay for some of these
abortions for poor women.
I can recall Senator Nolan, who
6679
served in this Legislature for a number of
years, he said to me -- he said on the floor
of the Senate, he says, "You know, I have one
of the more affluent districts in the Senate."
He says, "And I also have a lot of poor women.
They come into my office all the time.
They've got a lot of problems. They have
problems with their rent. They have problems
with paying their bills. They have all kinds
of problems. I've never had a poor woman come
into my office and say, 'We need more
abortions.'" "What I do have," he says, "is a
lot of my most affluent women coming in and
saying, 'These poor women need their
abortions. They've got to have lots of
abortions, these poor women.'"
I kind of think that's an elitist
statement. And I can recall a Congressman
once saying that "You know what? Either pay
for them now, or you pay for them later." And
the press asked me what I thought about that
statement. I said, "A lot of people grew up
poor, and they didn't end up on welfare, they
didn't end up as a -- on the dole." I said,
"I think that's very much of an elitist
6680
statement."
And I think that unfortunately so
many people feel that it's necessary for the
poor and the minorities, to make sure they
have lots of abortions. I think it's wrong.
I personally feel very, very strongly, being
one of six children, that -- and my mother,
who was the most feminine -- incidentally, my
mother was a suffragette. And my mother felt
very, very deeply on this subject.
And I remember when she was in her
nineties, she was never impressed with the
fact that I was a Senator, but she was very
impressed that I had a vote on this issue.
And she reminded me every year that I was in
office how I should vote on this issue. And
even though my mother is not alive today, Mom,
I'm bringing up in the -- I'm explaining this
bill, even though it's not my bill. It's the
bill of the people in this Senate that feel
deeply on this subject.
I respect other people's opinions
on this. I don't think because you feel
you're pro-choice and you feel that you should
fund all abortions that you're a murderer. I
6681
don't feel that way. I don't feel that all
kinds of abortions should be outlawed, even.
I think -- I don't think that anybody,
including my faith, feels that where the life
of a mother is in danger, that that woman has
to sacrifice her life for that fetus. I
certainly wouldn't feel that way with my wife
and my children.
I know that my daughters and my
wife feel as deeply and as strongly on this
subject as I do, and they're certainly very -
in my judgment, very fine women.
With that, I'd be happy to answer a
question. But I think everybody knows this
issue and everybody intends to vote their
conscience and what they think is right here.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Higher Education Committee in the Majority
Conference Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Higher Education Committee,
immediate meeting of the Higher Education
6682
Committee in the Majority Conference Room,
Room 332.
Senator Dollinger, does that answer
your question?
SENATOR DOLLINGER: That
explanation is sufficient.
I'd ask that you recognize Senator
Oppenheimer.
ACTING PRESIDENT KUHL: Senator
Dollinger yields the floor to Senator
Oppenheimer.
Senator Goodman, why do you rise?
SENATOR GOODMAN: Is there a list
on this? And if so, may I -
ACTING PRESIDENT KUHL: You are
on the list, Senator Goodman. You're -
immediately after Senator Oppenheimer, you'll
be recognized for purposes of discussion.
SENATOR GOODMAN: Thank you very
much, Mr. President.
ACTING PRESIDENT KUHL: Senator
Dollinger will be speaking a second time.
Senator Oppenheimer.
SENATOR OPPENHEIMER: Well, like
Senator Farley, I certainly don't hold any ill
6683
will to people who certainly oppose this -
support this issue. I, for one, oppose it.
It almost sounds, in listening to
Senator Farley, like a poor woman would choose
abortion because of the Medicaid funding. The
choice on whether to bring a child in this
world or not is not decided because of
Medicaid funding being available. It might
make the difference between having a clean,
safe abortion and one that might cost
considerably less and be considerably less
safe. But it sounded almost like the decision
to abort would be made by poor women because,
oh, yes, there's Medicaid.
That isn't why women make this
decision. They make this decision because
they feel they are not in a position to
support an infant, to nurture an infant.
Perhaps they're young and have a lifetime
ahead of them where they have to gain
education and gain some job skills before they
feel they're in a position to parent a child.
All this sounds very logical to me,
and something that I would like to see. I
would like to see these younger women
6684
certainly have an opportunity to fulfill the
potential of their lives, even though at the
current time of their pregnancy they may be
poor and they may be young and maybe the only
way for them to access their future in their
lives is to have this abortion and have it
paid for by Medicaid.
I was looking through a paper that
I just came across of a few things I said
about 13 years ago on the Senate floor, and I
think I'll extrapolate a few of the things.
I'm currently rehabbing my house, and I'm
finding all kinds of interesting old papers.
"Once again, I'm supporting poor
women in need of abortions to assure that they
have equal access to safe medical care. This
freedom must apply equally to all women, both
rich and poor. We must not allow the freedom
to exist only for the privileged of this
state.
"Prior to 1970, the poor suffered
disproportionately high maternal mortality due
to high-risk childbearing and due to illegal
abortion. The data proves beyond a doubt that
affluent women could always manage to avail
6685
themselves of needed abortion services, while
the poor gained access only through government
subsidy.
"As we look at the information that
has become public about the difficulties faced
by poor single mothers and their children, it
is even more clear that using funding as a
means to bribe poor women to bear unwanted
children is senseless and inhumane public
policy. It causes many mothers to become
dependent on the community for the rest of
their lives instead of staying in school and
getting job training and holding down a decent
job and hopefully becoming self-supporting
members and contributing members to our
society.
"We can never allow New York State
to return to the disproportionate suffering,
ill health, and deaths that poor women faced
prior to the legalization of abortion services
and to the provision of funding for poor women
to receive these services. We should be very
proud that New York State's long-standing and
enlightened policy ensures that the
constitutional right to choice is not
6686
predicated on the ability to pay for care.
"Impartial coverage for both
maternal care and abortion services safeguard
poor women's health and benefits the state as
a whole and adds luster to this state's
government, which is humane and caring for all
women and treats women as mature human beings
who know what's best for them and who want to
have babies when they can have them and can
love them and can provide for them.
"And therefore, I urge people
within my hearing that they should come to the
chamber and vote against this bill.
ACTING PRESIDENT KUHL: Senator
Goodman.
SENATOR GOODMAN: Mr. President,
once again this year we go through a procedure
which is completely fruitless and without
purpose, since it is generally known and
understood that the Assembly will never pass
this bill. Nonetheless, it seems as though we
are required each year to debate this on its
merits, and so I will proceed to try to give
you the perspective which it seems to me is
relevant in this case.
6687
First of all, let's be very clear
that when Roe versus Wade passed in 1973, it
passed for the purpose of making it possible
for women of all economic groups to have the
right of choice. Through the restrictions
which this bill would propose, that right of
choice is now limited only to those who can
afford the luxury of having an abortion if
they believe it is necessary. That, in my
opinion, is rank discrimination, and it's
inappropriate for our party on this side of
the aisle to identify with such an attempt to
prevent the equal application of law.
Now, there are some other aspects
of this that we should consider very
carefully. Keep in mind, Mr. President, that
the number of unwanted births which occur each
year, would occur each year, and did occur
prior to Roe v. Wade were very substantial
indeed, and that as a result of those unwanted
births we had a situation in which the state
was required to pay significant amounts of
welfare to youngsters whose birth might not
have occurred if they had been given the
opportunity to have been aborted before
6688
quickening -- that is to say, before they
became human beings, before they were anything
that could remotely resemble on actual human
individual.
And what we are saying is that if
we are in a position to provide services of
abortion to people of all income groups at an
early enough stage, prior to the quickening of
the fetus, it's not -- we're not taking a
human life. We're not doing anything of the
kind. And those who would suggest that this
is murder are obviously not acquainted with
the medical aspects of this situation.
So I respectfully suggest to you
that it becomes extremely important for us to
realize the cost to society by not permitting
women who can otherwise not afford abortions
to have them.
Now, Mr. President, each year when
this comes up we fail to realize, I think,
adequately the fact that we're imposing upon
the public rolls enormous numbers of unwanted
births if we do not make abortion available to
poor women. Let me say to you that the
implications of this economically to the state
6689
could be disastrous. The unwanted births that
occur as a result of poor women being unable
to seek abortions and obtain them would result
in spreading upon the public rolls thousands
and thousands of babies. Instead of being in
a position that their births could have been
prevented due to timely reaction prior to the
quickening of the fetus, to be placed in
society in such fashion as to make it
impossible for us to do anything other than to
support them at a minimum rate of no less than
$5,000 a year. This, contrasted to the very
modest investment of an early abortion.
But obviously this is not simply an
economic question. Mr. President, the benefit
of New York's decision to legalize abortion
and to fund it under Medicaid were immediate
after the adoption of Roe v. Wade, and more
precisely the action that we took preceding
the adoption of Roe v. Wade. In the first two
years after legislation that we passed, the
annual rate of abortion-related deaths in the
state fell over 50 percent. As the procedure
became both legally and financially accessible
to women of all socioeconomic backgrounds,
6690
death from abortion complications became
almost unheard of.
In states where public funds do not
cover the cost of abortions, 23 percent of
Medicaid-eligible women are forced to carry
unwanted pregnancies to term because they
cannot afford the procedure, and 22 percent of
Medicaid-eligible women having second
trimester abortions are forced to undergo
these later, riskier procedures because of
their need to raise the necessary money.
New York State legislators have
long understood it is not the function of
government to control people's reproductive
choices. Let me stress that those of who take
this view are not pro-abortion. We are very
strongly in favor of the notion that women
have the right to free choice.
Mr. President, if we stop to think
about this matter objectively, it becomes
increasingly clear that the attempt to pass
this bill each year is simply an attempt to
try to discriminate against those whose
economic position places them at a distinct
disadvantage. Why we should think that this
6691
is judicious policy is very much beyond me.
I think it's really a most
regrettable torture of logic to reach such a
conclusion, and I urge strongly that the house
take its own initiative in defeating this. If
it does not do so, fortunately we will have
the safety net of negative action by the
Assembly, because they will never pass this
bill. And with that in mind, this seems to be
a complete charade, which I trust we will not
try at too great length to pursue.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
I agree with much of what Senator
Goodman and Senator Oppenheimer have said on
this bill, that we do this bill every year, we
discuss its merits, and I think at least from
my point of view, the fundamental argument
that Senator Goodman makes with respect to the
unfairness of having a health-care system that
would begin to have two tiers, one tier for
those who can afford to exercise their rights
6692
under Roe against Wade and a second tier for
those who will not be able to, by virtue of
their economic status, and not be able to
access that care through the Medicaid system.
I'd just like to clarify three
quick things. First of all, Senator Goodman
is correct that Roe against Wade was a
constitutional principle established under the
right to privacy. But remember, Senator
Goodman, what exactly Roe against Wade did.
It set about a principle that said
criminalizing abortion was unconstitutional
because it interfered with the right to
privacy, and that there was a right to privacy
that the government could not interfere with.
That's what Roe against Wade was all about.
And I think that what this bill
does is this plunges us into the possibility
that the great danger that Roe against Wade
was designed to prevent, which is women who
want to have abortions not getting them from
competent physicians, will again be a part of
our landscape in this country.
Senator Farley makes reference to
the very notorious metaphor of the coat
6693
hanger. And thank God that that time is
behind us. The great danger, Senator Farley,
is that without funding for poor women who
elect to exercise their rights under Roe
against Wade, we will go back to a coat-hanger
day. We will go back to a day when poor women
will simply say, "Boy, I would -- for some
reason, I want to take advantage of my
choice." But they will be told that it cannot
be paid for, and as a consequence of that,
they will go to other alternatives.
With all due respect, Senator
Farley, I think that's the one great danger,
is that without access to funds to pay for
abortion, poor women will be left with no
alternative but the coat hanger, and we'll
plunge ourselves, for a large number of women
in New York, right back to their status before
Roe against Wade.
I'll conclude, Senator Farley, with
one other note. My grandmother was a
suffragette. My grandmother -- we have a
wonderful picture of my grandmother in 1920,
wearing a suffragette banner, walking down
Main Street in Rochester, New York. And,
6694
Senator Farley, you know why she got the right
to vote? Because the men who controlled the
voting process in this nation said, "We trust
the women of this nation to do exactly what we
do every year, which is walk in a voting booth
and vote for someone -- Republican, Democrat,
independent, or whatever variety -- we trust
them to go in and vote, not only in their own
interest, but to do what's right for them."
And I would just suggest, Senator
Farley, as your family traces its past -- you
come from a large family, as do I. As your
family traces its history back to a
suffragette, so do we. And all I would ask
you, Senator Farley, is give the women of this
state, the poor women of this state, the same
respect that men in 1920 gave the women of
this state when they recognized that you can
trust women to make the right judgment for
themselves.
Let them make that choice. Let
them make it in the context of their
relationship with their physician and their
family. And don't, please don't put the
barrier of economics between that choice and
6695
their judgments. Don't erect a barrier that
says if you happen to be too poor to afford to
exercise your right to choose, we're going to
take that right away from you. Because that's
as a practical matter what we're doing.
A good suffragette, it seems to me,
would stand up in this chamber and say, as
Senator Oppenheimer said, "Trust the women of
this state. Trust them if they don't have
enough economic funds to pay for this health
care. Trust them if they do. Let them make
that judgment by themselves." I think under
our Medicaid system, we ought to continue to
pay for that choice.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR DOLLINGER: Slow roll
call, Mr. President.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Can we lay the
bill aside temporarily.
ACTING PRESIDENT KUHL: The bill
6696
will be laid aside temporarily.
Senator Skelos.
SENATOR SKELOS: We'll stand at
ease, Mr. President.
ACTING PRESIDENT KUHL: The
Senate will continue to stand at ease.
(Whereupon, the Senate stood at
ease at 2:16 p.m.)
(Whereupon, the Senate reconvened
at 2:53 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: There will be an
immediate conference of the Majority in the
Majority Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate conference of the
Majority in the Majority Conference Room, Room
332. Immediate conference of the Majority in
the Majority Conference Room, Room 332.
The Senate will continue to stand
at ease.
(Whereupon, the Senate stood at
ease at 2:54 p.m.)
6697
(Whereupon, the Senate reconvened
at 6:23 p.m.)
ACTING PRESIDENT KUHL: Senator
Larkin.
SENATOR LARKIN: Mr. President,
there will be an immediate meeting of the
Majority in the Majority Conference Room, 332,
immediately.
ACTING PRESIDENT KUHL: There
will be an immediate conference of the
Majority, immediate conference of the Majority
in the Majority Conference Room, Room 332.
Immediate conference of the Majority in the
Majority Conference Room, Room 332.
And the Senate will continue to
stand at ease.
(Whereupon, the Senate stood at
ease at 6:24 p.m.)
SENATOR MENDEZ: Mr. President, I
want to announce an immediate Democratic
conference of the Minority in Room 314 at a
quarter to 7:00. Thank you.
(Whereupon, the Senate reconvened
at 7:58 p.m.)
ACTING PRESIDENT KUHL: The
6698
Senate will come to order. I ask the members
to find their places, staff to find their
places.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe there's some housekeeping. So if we
could return to motions and resolutions.
ACTING PRESIDENT KUHL: We'll
return to the order of motions and
resolutions. The Chair recognizes Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President. I wish to call up my bill,
Print Number 5406, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
975, by Senator Marcellino, Senate Print 5406,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I move to reconsider the vote by
6699
which this bill was passed and ask that the
bill be -- and ask that the bill be restored
to the order of third reading.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: Senator
Marcellino, the bill is before the house.
SENATOR MARCELLINO: Mr.
President, I now move to commit Senate Print
Number 5406, Calendar Number 975, on the order
of third reading, to the Committee on Rules,
with instructions to said committee to strike
out the enacting clause.
ACTING PRESIDENT KUHL: The
enacting clause is stricken, and the bill will
be committed.
SENATOR MARCELLINO: Mr.
President, I wish to call up my bill, Print
Number 5408, recalled from the Assembly, which
is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
6700
THE SECRETARY: Calendar Number
977, by Senator Marcellino, Senate Print 5408,
an act to amend the Environmental Conservation
Law.
SENATOR MARCELLINO: Mr.
President, I move to reconsider the vote by
which this bill was passed, and I ask that the
bill be restored to the order of third
reading.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I now move to commit Senate Print
Number 5408, Calendar Number 977, on the order
of third reading, to the Committee on Rules,
with instructions to said committee to strike
out the enacting clause.
ACTING PRESIDENT KUHL: The
enacting clause will be stricken. The bill is
recommitted.
6701
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I wish to call up my bill, Print
Number 5805, recalled from the Assembly, which
is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1402, by Senator Marcellino, Senate Print
5805, an act to amend the Environmental
Conservation Law.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I move to reconsider the vote by
which the bill was passed and ask that the
bill be restored to the order of third
reading.
ACTING PRESIDENT KUHL: The
Secretary will read.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
6702
President, I now move to recommit Senate Print
Number 5805, Calendar Number 1402, on the
order of third reading, to the Committee on
Rules, with instructions to said committee to
strike out the enacting clause.
ACTING PRESIDENT KUHL: The
enacting clause will be stricken. The bill
will be committed.
SENATOR MARCELLINO: Thank you,
sir.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President, I
believe there's a privileged resolution at the
desk by Senator Seward. I ask that the title
be read and move for its immediate adoption.
ACTING PRESIDENT KUHL: The
Secretary will read the privileged resolution
by Senator Seward, the title only.
THE SECRETARY: By Senator
Seward, Legislative Resolution commending
Donna Bostwick for her 25 years of dedicated
service as a professional childcare provider,
to be celebrated Sunday, September 26, 1999.
ACTING PRESIDENT KUHL: The
6703
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 Skelos.
SENATOR SKELOS: Mr. President, I
move that we adopt the Resolution Calendar in
its entirety.
ACTING PRESIDENT KUHL: The
motion is to adopt the Resolution Calendar
which is on the members' desks. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on behalf of Senator Bruno, I hand up the
6704
following committee changes for filing, and
also the following leadership assignment, and
ask that it be filed in the Journal.
ACTING PRESIDENT KUHL: The
notice is received and will be filed, made
part of the record.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar 1645, that
was previously debated. And I believe the
Minority is going to ask for a slow roll call.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1645, get
it before the house.
THE SECRETARY: Calendar Number
1645, by the Senate Committee on Rules, Senate
Print 6077, an act to amend the Social
Services Law.
ACTING PRESIDENT KUHL: Read the
last section.
SENATOR DOLLINGER: Request a
slow roll call, Mr. President.
ACTING PRESIDENT KUHL: Let's get
to that point first, Senator Dollinger.
Read the last section.
6705
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
SENATOR DOLLINGER: Slow roll
call, Mr. President.
ACTING PRESIDENT KUHL: Are there
five members, one of the Minority? One, two,
three, four, five. Just made it.
SENATOR DOLLINGER: One more than
four, Mr. President.
ACTING PRESIDENT KUHL: A slow
roll has been requested. The Secretary will
ring the bells and call the roll slowly.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: I know we're
about to commence the slow roll call, but I
just want to urge members who are interested
in voting on this bill to please come to the
chamber.
And, on behalf of Senator Bruno,
just to let the members know we're hopefully
6706
going to be very active in our voting this
evening, so please they should come to the
chamber so that we can complete this evening's
work at a reasonable hour.
ACTING PRESIDENT KUHL: Thank
you, Senator Skelos.
The Secretary will call the roll.
THE SECRETARY: Senator Alesi.
(No response.)
THE SECRETARY: Senator Balboni.
SENATOR BALBONI: Aye.
THE SECRETARY: Senator Bonacic.
SENATOR BONACIC: No.
THE SECRETARY: Senator Breslin.
SENATOR BRESLIN: No.
THE SECRETARY: Senator Bruno.
(Senator Bruno was indicated as
voting in the affirmative.)
THE SECRETARY: Senator Connor.
(Senator Connor was indicated as
voting in the negative.)
THE SECRETARY: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes.
THE SECRETARY: Senator
6707
Dollinger.
SENATOR DOLLINGER: No.
THE SECRETARY: Senator Duane.
SENATOR DUANE: No.
THE SECRETARY: Senator Farley.
SENATOR FARLEY: Aye.
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: Aye.
THE SECRETARY: Senator Gentile.
SENATOR GENTILE: No.
THE SECRETARY: Senator Gonzalez.
SENATOR GONZALEZ: No.
THE SECRETARY: Senator Goodman.
(No response.)
THE SECRETARY: Senator Hannon.
SENATOR HANNON: Yes.
THE SECRETARY: Senator Hevesi.
SENATOR HEVESI: No.
THE SECRETARY: Senator Hoffmann.
SENATOR HOFFMANN: No.
THE SECRETARY: Senator Johnson.
SENATOR JOHNSON: Aye.
THE SECRETARY: Senator Kruger.
SENATOR KRUGER: (No response.)
6708
THE SECRETARY: Senator Kuhl.
SENATOR KUHL: Aye.
THE SECRETARY: Senator Lachman.
(No response.)
THE SECRETARY: Senator Lack.
(No response.)
THE SECRETARY: Senator Larkin.
SENATOR LARKIN: Aye.
THE SECRETARY: Senator LaValle.
SENATOR LAVALLE: Aye.
THE SECRETARY: Senator Leibell.
(No response.)
THE SECRETARY: Senator Libous.
SENATOR LIBOUS: Aye.
THE SECRETARY: Senator Maltese.
SENATOR MALTESE: Aye.
THE SECRETARY: Senator
Marcellino.
SENATOR MARCELLINO: Aye.
THE SECRETARY: Senator Marchi,
excused.
Senator Markowitz.
SENATOR MARKOWITZ: No.
THE SECRETARY: Senator Maziarz.
SENATOR MAZIARZ: Yes.
6709
THE SECRETARY: Senator McGee.
SENATOR McGEE: No.
THE SECRETARY: Senator Meier.
SENATOR MEIER: Aye.
THE SECRETARY: Senator Mendez.
(No response.)
THE SECRETARY: Senator
Montgomery.
SENATOR MONTGOMERY: No.
THE SECRETARY: Senator Morahan.
SENATOR MORAHAN: Yes.
THE SECRETARY: Senator Nanula.
(No response.)
THE SECRETARY: Senator Nozzolio.
SENATOR NOZZOLIO: Aye.
THE SECRETARY: Senator Onorato.
SENATOR ONORATO: Aye.
THE SECRETARY: Senator
Oppenheimer.
SENATOR OPPENHEIMER: No.
THE SECRETARY: Senator Padavan.
SENATOR PADAVAN: Yes.
THE SECRETARY: Senator Paterson.
(No response.)
THE SECRETARY: Senator Rath.
6710
SENATOR RATH: Aye.
THE SECRETARY: Senator Rosado.
(No response.)
THE SECRETARY: Senator Saland.
(No response.)
THE SECRETARY: Senator Sampson.
SENATOR SAMPSON: No.
THE SECRETARY: Senator Santiago.
(No response.)
THE SECRETARY: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: No.
THE SECRETARY: Senator Seabrook.
SENATOR SEABROOK: No.
THE SECRETARY: Senator Seward.
SENATOR SEWARD: No.
THE SECRETARY: Senator Skelos.
SENATOR SKELOS: Yes.
THE SECRETARY: Senator Smith.
(No response.)
THE SECRETARY: Senator Spano.
SENATOR SPANO: No.
THE SECRETARY: Senator
Stachowski.
SENATOR STACHOWSKI: Yes.
6711
THE SECRETARY: Senator Stafford.
SENATOR STAFFORD: Aye.
THE SECRETARY: Senator Trunzo.
SENATOR TRUNZO: Yes.
THE SECRETARY: Senator Velella.
SENATOR VELELLA: Yes.
THE SECRETARY: Senator Volker.
SENATOR VOLKER: Yes.
THE SECRETARY: Senator Waldon.
SENATOR WALDON: No.
THE SECRETARY: Senator Wright.
SENATOR WRIGHT: Aye.
ACTING PRESIDENT KUHL: Call the
absentees.
THE SECRETARY: Senator Alesi.
SENATOR ALESI: Yes.
THE SECRETARY: Senator Goodman.
(No response.)
THE SECRETARY: Senator Kruger.
(No response.)
THE SECRETARY: Senator Lachman.
SENATOR LACHMAN: No.
THE SECRETARY: Senator Lack.
SENATOR LACK: Aye.
THE SECRETARY: Senator Leibell.
6712
SENATOR LEIBELL: Aye.
THE SECRETARY: Senator Mendez.
(No response.)
THE SECRETARY: Senator Goodman.
SENATOR GOODMAN: No.
THE SECRETARY: Senator Nanula.
SENATOR NANULA: No.
THE SECRETARY: Senator Paterson.
(No response.)
THE SECRETARY: Senator Rosado.
(No response.)
THE SECRETARY: Senator Saland.
SENATOR SALAND: Aye.
THE SECRETARY: Senator Santiago.
(No response.)
THE SECRETARY: Senator Smith.
(No response.)
ACTING PRESIDENT KUHL: Announce
the results.
THE SECRETARY: Ayes, 31. Nays,
22.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
6713
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Finance Committee, immediate
meeting of the Finance Committee in the Senate
Majority Conference Room, Room 332. Immediate
meeting of the Senate Finance Committee in the
Majority Conference room, Room 332.
Senator Skelos.
SENATOR SKELOS: Stand at ease
pending the report of the Finance Committee.
ACTING PRESIDENT KUHL: The
Senate will stand at ease awaiting the report
of the Finance Committee.
(Whereupon, the Senate stood at
ease at 8:16 p.m.)
(Whereupon, the Senate reconvened
at 8:30 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
to find their places, staff to find their
places.
Senator Bruno.
SENATOR BRUNO: Mr. President,
6714
can we at this time return to the reports of
standing committees. I believe there's a
report from the Finance Committee. I ask that
that be read.
ACTING PRESIDENT KUHL: We'll
return to the order of reports of standing
committees. The Secretary will read the
report of the Finance Committee.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 1602D, Senate Budget
Bill, an act making appropriations for the
support of government;
3286C, Senate Budget Bill, an act
making appropriations for the support of
government;
3287C, Senate Budget Bill, an act
making appropriations for the support of
government;
6106, by the Senate Committee on
Rules, an act to amend the Executive Law;
6108, by the Senate Committee on
Rules, an act to provide for the use of
petroleum overcharge restitution funds;
6715
And 6107, by the Senate Committee
on Rules, an act to amend the Executive Law.
All bills ordered direct for third
reading.
ACTING PRESIDENT KUHL: The bills
are ordered directly to third reading.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
1205.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1205, Senate Budget Bill, Senate Print 1602D,
an act making appropriations for the support
of government, on General Government Budget.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Ask the message
be accepted.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1205. All those in favor
signify by saying aye.
6716
(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.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes, 54. Nays,
2. Senators Dollinger and Duane recorded in
the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we call up Calendar Number 1207.
ACTING PRESIDENT KUHL: The
6717
Secretary will read.
THE SECRETARY: Calendar Number
1207, Senate Budget Bill, Senate Print 3286C,
an act making appropriations for the support
of government: Transportation, Economic
Development, and Environmental Conservation
Budget.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Ask that the
message be accepted.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1207. 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.
6718
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.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes, 54. Nays,
2. Senators Dollinger and Duane recorded in
the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1209.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1209, Senate Budget Bill, Senate Print 3287C,
an act making appropriations for the support
of government: Public Protection, Health, and
Mental Hygiene Budget.
6719
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Ask that the
message be accepted.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1209. 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 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
6720
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes, 53. Nays,
3. Senators Breslin, Dollinger, and Duane
recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1655.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1655.
THE SECRETARY: Calendar Number
1655, by the Senate Committee on Rules, Senate
Print 6106, an act to amend the Executive Law.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk, Mr. President?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move the message
be accepted.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
6721
on Calendar Number 1655. 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 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives.
THE SECRETARY: Ayes, 53. Nays,
3. Senators Dollinger, Duane, and
Schneiderman recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
6722
can we at this time call on Senator
Schneiderman.
ACTING PRESIDENT KUHL: The Chair
recognizes Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I request unanimous request to be
recorded in the negative on Calendars 1205,
1207, and 1209.
ACTING PRESIDENT KUHL: Without
objection -
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT KUHL: -
hearing no objection, Senator Schneiderman
will be recorded in the negative on Calendar
Numbers 1205, 1207, and 1209.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Number 1656.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1656.
THE SECRETARY: Calendar Number
1656, by the Senate Committee on Rules, Senate
Print 6108, an act to provide for the use of
petroleum overcharge restitution funds.
6723
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message of necessity from the Governor at the
desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1656. 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.
6724
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes, 54. Nays,
2. Senators Dollinger and Duane recorded in
the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1657.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1657, by the Senate Committee on Rules, Senate
Print 6107, an act to amend the Executive Law.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Mr. President, is
there a message of necessity from the
Governor?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move we accept
the message.
6725
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1657. 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.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1657 are
Senators Dollinger, Duane, and Schneiderman.
Ayes, 53. Nays, 3.
ACTING PRESIDENT KUHL: The bill
6726
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we ask for a immediate meeting of the
Finance Committee in Room 332.
ACTING PRESIDENT KUHL: Immediate
meeting of the Senate Finance Committee in the
Majority Conference Room, Room 332. Immediate
meeting of the Senate Finance Committee,
Majority Conference Room, Room 332.
Senator Bruno.
SENATOR BRUNO: Mr. President,
may we ask for an immediate meeting of the
Rules Committee in Room 332.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Rules
Committee, immediate meeting of the Rules
Committee in the Majority Conference Room,
Room 332. Immediate meeting of the Rules
Committee, Majority Conference Room, Room 332.
The Senate will continue to stand
at ease.
(Whereupon, the Senate stood at
ease at 9:15 p.m.)
(Whereupon, the Senate reconvened
6727
at 9:33 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we return to the reports of standing
committees. I believe there's a report from
the Finance Committee at the desk. I ask that
it be read at this time.
ACTING PRESIDENT KUHL: Return to
the order of reports of standing committees.
There is a report of the Finance Committee at
the desk. The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 3288C, Senate Budget
Bill, an act making appropriations for the
support of government;
3B, by Senator Bruno, an act to
enact the Jobs 2000 for New York State Act;
And Senate Print 1600B, Senate
Budget Bill, an act making appropriations for
the support of government.
All bills ordered direct for third
6728
reading.
ACTING PRESIDENT KUHL: The bills
are ordered directly to third reading.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we call up Calendar Number 1211.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1211.
THE SECRETARY: Calendar Number
1211, Budget Bill, Senate Print 3288C, an act
making appropriations for the support of
government: Education, Labor and Family
Assistance Budget.
Senator Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1211. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
6729
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 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes, 54. Nays,
2. Senators Dollinger and Duane recorded in
the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we now call up Calendar Number 1215.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1215.
THE SECRETARY: Calendar Number
6730
1215, by Senator Bruno, Senate Print 3B, an
act in relation to enacting the Jobs 2000 for
New York State Act.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk, Mr. President?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1215. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Those
opposed, nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
house.
The Chair recognizes Senator Bruno.
SENATOR BRUNO: Mr. President,
the bill that's before the house now is the
legislation that we have been referring to as
6731
J2K, Jobs 2000. This is one of the most
innovative, far-reaching, insightful pieces of
legislation that will be enacted into law as
part of this budget.
I want to at the offset highlight
Senator Ken LaValle, who has been instrumental
in helping construct what results tonight over
the last several years.
This will put New York State in the
forefront in competing for high-tech jobs
throughout the United States and throughout
the world. New York State has been lagging
California, Texas, Massachusetts, many other
states, through the entire previous
administration.
We have watched other states, other
universities -- like the University of
California, that has been in the forefront in
attracting researchers of the highest caliber
with the greatest research facilities and
attracting literally billion dollars in
research that have turned into businesses.
Around SUNY California, 2,000 new businesses
have sprung up, creating hundreds of thousands
of high-tech jobs. Around Massachusetts and
6732
their university system, there are over 4,000
companies over the last several years. In New
York State, we have had something like 140
companies as a result.
So J2K brings us into the 21st
century in the right way. This is a program
that will allow New York State to partner with
over $600 million of state resources. It's in
several parts. And the main part creates a
new Office of Science Technology here in the
state. It will be headed up by a board of 11
people, with a chair, and with an executive
director that be confirmed by the Senate.
In one part of this, dollars will
be made available to attract the best
researchers in the world. Because the
billions of dollars in research, as I've said,
follow many of these people that are in the
forefront in research. But to get these
people you need facilities that are
world-class. So there's over a $135 million
worth to attract personnel, to upgrade the
facilities. We have Centers for Advanced
Technology here in the state that we created
in the good wisdom of this chamber, the other,
6733
and the Executive Branch. This will add
$10 million to those centers.
And the end result will be that we
would be putting millions of dollars into
technology transfer, so the research that is
developed will be turned into jobs through the
assistance of helping businesses get into
existence.
Part of this package is
$280 million worth of venture capital money.
And that will come from the public funds that
have been investing all over the world. They
will now be investing to the tune of $280
million in companies that will be created in
New York State that will eventually create
tens of thousands of new jobs.
Another part of this is referred to
as Pipeline for Progress. Many of the
high-tech companies need fresh water. We talk
about chip fab plants. A chip fab plant
that's located in California, Texas -- none in
New York State -- they need about 6 million
gallons of fresh water a day. We have
$100 million in this, private and public
money, to help get water where it will do the
6734
most good, to help businesses get established
and create jobs.
We have a large piece called the
retraining -- Workers Retraining, Reemployment
Act of 1999. Part of this money was already
used to help retain Delphi Harrison in the
western part of the state, 19 million. This
is a total of close to a hundred million
dollars. And it corrects an omission here in
this state where people who needed to be
retrained to stay in the high-tech area, with
new machines, new equipment, could not be
trained with any state dollars.
We have over a billion dollars in
state money available to train people, but
they had to be on welfare. They had to be
unemployed. So that people literally had to
be laid off or fired and be on unemployment or
welfare before dollars could be used. This
program corrects that, so that companies will
get dollars to train people to keep on the
leading edge of technology.
The last part of this program is
called the Entrepreneurship Program, where
youngsters in grammar school will be taught
6735
what it means to go into business, how to get
into a business. There will be seminars for
adults. There will be a college degree, for
the first time, in entrepreneurship, through
the Empire State College, which will be the
end result. There's approximately $5 million
that's earmarked for that plan.
So in the package we refer to this
as J2K, New York STAR, Science, Technology and
Research. This is a credit to Governor George
Pataki, who has had the vision, who has had
the wisdom to support and help initiate what
we are voting on here tonight. Speaker Silver
has partnered in what we are doing, in having
recognized the necessity of helping get New
York State in the forefront as we go into the
next century.
So there's plenty of credit to go
around for everyone that has participated in
getting us to where we are. And again, I want
to single out Senator Ken LaValle, who has for
years been a voice out there preaching that
this was the way to go and this is the
direction that we should take. And finally
people listened, and we are where we are.
6736
So I want to thank you,
Mr. President, my colleagues, for your support
of this program that will finally get New York
State on the road where we should have been
and where we will be, going into this next
century.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
LaValle.
SENATOR LAVALLE: Thank you,
Mr. President.
I think Senator Bruno really spoke
quite eloquently -- and, for those who were
listening, again, I mention, extemporaneously,
without a note, because this bill has been
very, very important to him. He has truly
been a visionary in understanding why this is
important in marrying higher education and
economic development together.
Senator Bruno and I, along with
Senator Farley, are in the class of '76. We
were elected in that election. Senator Bruno
and I have, from the time we were elected,
talked about economic development and higher
education and how we bring these things
6737
together.
And to show you that what has
culminated in 1999 in an important piece of
legislation, if you look at Senator Bruno's
district, in which he brought together RPI and
development of the North Greenbush campus of
high-technology development and corporations
there, and all of the things that have taken
place in and around that enterprise. And
downstate also, with high-tech parks and using
State University at Stony Brook and
Polytechnic and Centers of Advanced
Technology, we have very deliberately and
slowly built a foundation in which we put this
legislation today.
So many times we in this chamber,
we hear words, we look at a piece of
legislation, and it is not until things
develop before our eyes in our own districts
that it has relevance. What Senator Bruno
said today, each member in this chamber and
the people of the State of New York will see
job creation in the area of high technology,
where there are good-paying jobs, educational
opportunities for people to be trained or
6738
retrained so that what they're doing is
relevant to the time.
And so truly this measure brings
together our fiscal, physical, and
intellectual resources, and will empower our
economic development strategies in this state
to be competitive with California, North
Carolina, Massachusetts. We will no longer
take a back seat to any of those states.
And, Senator Bruno, you have today
put forth what I think will be truly a legacy
for you that will go forward into New York
State's history. Congratulations.
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.
Senator Bruno.
SENATOR BRUNO: Mr. President,
6739
can we at this time return to reports of
standing committees. I believe there's a
report from the Rules Committee. I ask that
the report be read at this time.
ACTING PRESIDENT KUHL: We'll
return to the order of reports of standing
committees. There is a report of the Rules
Committee at the desk. The Secretary will
read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 3089B, by Senator
Kuhl, an act to amend the Agriculture and
Markets Law;
6100, by Senator Skelos, an act to
amend the Corrections Law, the Criminal
Procedure Law, and the County Law;
And Senate Print 6101, by Senator
Nozzolio, an act to amend the Correction Law.
All bills ordered direct for third
reading.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Move to accept
6740
the report of the Rules Committee.
ACTING PRESIDENT KUHL: The
motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
motion is adopted. The bills are ordered
directly to third reading.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we ask for an immediate conference of the
Majority in the Conference Room, 332.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Majority
Conference, immediate meeting of the Majority
Conference in the Majority Conference Room,
Room 332.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, there will be an immediate
conference of the Minority in Room 314.
6741
Immediate.
ACTING PRESIDENT KUHL: Immediate
meeting of the Minority Conference in the
Minority Conference Room, Room 314.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 9:54 p.m.)
(Whereupon, the Senate reconvened
at 10:36 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we call up Calendar Number 1660.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1660.
THE SECRETARY: In relation to
Calendar Number 1660, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5747B, and substitute it
for the identical third reading calendar,
1660.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read.
6742
THE SECRETARY: Calendar Number
1660, by Member of the Assembly Magee,
Assembly Print Number 5747B, an act to amend
the Agriculture and Markets Law.
ACTING PRESIDENT KUHL: 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.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar 1661.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1661, by Senator Skelos, Senate Print 6100, an
act to amend the Correction Law, the Criminal
Procedure Law, and the County Law.
ACTING PRESIDENT KUHL: Senator
Bruno.
6743
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1661. 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 29. This
act shall take effect on the first day of
January.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
6744
the negative and announce the results.
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we call up Calendar 1662.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1662, by Senator Nozzolio, Senate Print 6101,
an act to amend the Correction Law, in
relation to the use of local government
institutions.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1662. All those in favor
6745
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 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.
Senator Bruno.
SENATOR BRUNO: Mr. President, we
ask for an immediate meeting of the Finance
Committee in Room 332.
ACTING PRESIDENT NOZZOLIO: An
immediate meeting of the Senate Finance
Committee in Room 332.
The house will stand at ease.
6746
(Whereupon, the Senate stood at
ease at 10:57 p.m.)
(Whereupon, the Senate reconvened
at 11:05 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order. Members please
take their places.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time return to reports of
standing committees. I believe there's a
report from the Finance Committee. I ask that
it be read at this time.
ACTING PRESIDENT KUHL: We'll
return to the order of reports of standing
committees. There is a report from the Senate
Finance Committee at the desk. The Secretary
will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills direct to third reading:
Senate Print 6109, by the Senate
Committee on Rules, an act to amend the Real
Property Tax Law;
And Senate Print 6110, by the
6747
Senate Committee on Rules, an act to amend the
Tax Law.
ACTING PRESIDENT KUHL: The bills
are ordered directly to third reading.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we call up Calendar Number 1658.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1658.
THE SECRETARY: Calendar Number
1658, by the Senate Committee on Rules, Senate
Print 6109, an act to amend the Real Property
Tax Law.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk, Mr. President?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1658. All those in favor
signify by saying aye.
(Response of "Aye.")
6748
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 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, 55. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT KUHL: Senator
Padavan, do you wish to be recorded in the
negative on Calendar Number 1658?
SENATOR PADAVAN: Mr. President,
may we have the roll call withdrawn, please.
ACTING PRESIDENT KUHL: The
motion is to reconsider the vote on which the
6749
bill was passed in the house.
The Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1.
ACTING PRESIDENT KUHL: The bill
is before the house. The Chair recognizes
Senator Padavan.
SENATOR PADAVAN: Thank you,
Mr. President. I appreciate your indulgence.
I'll be very, very brief.
Contained within this particular
bill is the issue which we're all familiar
with, referred to as Quick Draw. Back in 1995
when it was first adopted by the Legislature,
there was a specific requirement, among
others, that called for a study to be done by
the State Lottery Division, with the Office of
Mental Health, to evaluate both the economic
and the social impact of Quick Draw. We were
supposed to have received that study prior to
Quick Draw's expiration on March 31st, earlier
this year. We're now here in August, and
we've not seen that study.
6750
There are two things we know. It
was contracted for with a marketing firm that
does work in the area of lottery; and OMH, the
Office of Mental Health, has not been involved
in any way, shape or form. Beyond that, we
can only speculate. Was the study done and
it's kept suppressed because the information
it contains will tell us that Quick Draw is
all the things that experts have told us that
it is, none of them positive? Has the study
not been done?
But the fact still remains, we
don't have it. And why and how and the
justification for renewing it without that
study is something that I believe we should
consider.
Now, other studies have been done.
Our State Council on Problem Gambling did two
studies, and they indicate quite clearly that
Quick Draw is a factor, a significant factor
in our serious problem in this state involving
compulsive gambling and problem gambling. And
on a per-capita basis, we are the worst state
in the nation across the board, and the
lottery is one of the primary culprits. And
6751
among that lottery, Quick Draw stands out as
the most insidious of all the games that are
sponsored by any state.
The other study that was done is by
the National Gambling Impact Study Commission.
And for two years they have studied all issues
related to gambling throughout the nation,
including New York, where they've had many
hearings and meetings. There are a whole host
of recommendations, but the one that stands
out and is pertinent to what we're doing now
relates specifically to Quick Draw.
And I'm just going to read their
recommendation, their conclusion. The
commission found that gambling in neighborhood
outlets provides fewer economic benefits and
creates potentially greater social costs.
Their recommendation: States should not
authorize any further convenience gambling
operations and should cease and roll back
existing operations.
So we have a national commission,
we have our state council, both telling us -
and these are experts, people well-studied in
all aspects of the problem -- telling us don't
6752
do it. And if you've done it, stop it.
Because you're not gaining anything
economically, and you're causing a great many
social problems.
But we're ignoring that. There's
one other fact that we know very well, and
that is the total handle on Quick Draw on an
annualized basis is about half a billion
dollars. That's a half a billion dollars
being taken out of the economy better spent on
goods and services, true economic development,
and not going into this bottomless pit.
There is one entity and only one
entity that is making a profit, in the purest
sense of that word, and that is G-Tech and
their four lobbyist firms representing them
here in the capital.
As far as I am concerned, and as
far as the experts are able to tell us, there
is no economic benefit to this type of
gambling. It's insidious because it is such a
rapid-fire type of operation, every five
minutes numbers shooting across the screen.
Generally the 3200 outlets in the main are
places where alcohol is served. People can
6753
lose their paycheck in the blink of an eye.
You can fill out a card, bet a hundred dollars
every five minutes. You don't even have to
pick the numbers; you can let the computer do
it for you. It's a game you find in casinos.
And that's where it belongs, not in our
neighborhoods.
And where are those neighborhoods?
Predominantly in communities where the
economic level, the earning level is in the
middle-to-low-income category. In other
words, the people who can least afford it.
And those are the ones the State of New York
has become a predator upon.
And we ought to stop it. We ought
to accept these recommendations. We ought to
step back.
Now, I wish to acknowledge the fact
that our leadership and others have done two
things for us that are positive. Number one,
they prevented the Governor from expanding the
number of outlets, expanding the hours, and
eliminating some of the controls that we put
on it relative to food being served and size
of the establishment. The Governor proposed
6754
we do away with all that.
And the other is that instead of a
four-year extender, we have one until next
March. Which means that we'll be back again
revisiting this issue. And I hope between now
and then we come to our senses and say we're
not really making money on this deal, in the
next sum of it all, we're losing money, and
most certainly in the process we're hurting a
lot of people.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, just very briefly.
I applaud Senator Padavan for his
views with respect to Quick Draw. I would
just add two other real quick ones.
Senator Padavan, this is in essence
a poor person's tax. There are those who say
that this is a game you participate in
voluntarily, and therefore it's not compulsory
in the nature of the tax. I think the
experience that's drawn on for the report both
of the national commission and the state
commission demonstrates that too often this is
6755
obsessive behavior. This is behavior that
becomes all but compulsive.
And this therefore becomes a
compulsory tax, which, as Senator Padavan
properly points out, is unfortunately largely
confined to poorer neighborhoods in this
state. It becomes a poor person's tax.
It strikes me as unusual, Senator,
that this year when we're going to increase
the benefits from an earned income tax credit
to give more people in the lower levels of our
economic sphere a better opportunity to move
up, we're doing that with one hand and with
the second hand we're throwing this temptation
in front of them by putting in their local
bar, by putting in their local facility, the
temptation of compulsory gambling. I couldn't
think of a worse idea.
And the notion somehow, Senator,
that we're generating $175 million in revenue
off the incomes of people in modest incomes in
this state seems to me a travesty.
I'll conclude with one other
thought, Mr. President. I'm not one of those
who believes in a dollar and a dream. I don't
6756
believe in a dollar and picking five numbers.
I believe that if you're going to make it in
this state or anywhere else, there's no
substitute for hard work and commitment.
Unfortunately, gambling sends the message to
those people who should move up the economic
ladder, who should use hard work and
diligence, determination and education to move
up the economic ladder -- this sends a message
that if you just happen to pick the right five
numbers, you can somehow overcome all that.
You don't have to work hard, you don't have to
get a good education.
By allowing Keno, by allowing Quick
Draw to continue, we are sending the absolute
wrong message to the people of this state. As
public officials in this state, we are sending
the wrong message to the people in this state,
and that is that they can make it on a dollar
and a dream, when we all know that isn't true.
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
6757
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1658 are
Senators Dollinger, Duane, Montgomery,
Padavan, and Schneiderman.
Ayes, 51. Nays, 5.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we go to Calendar Number 1250.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1250.
THE SECRETARY: Calendar Number
1250, Senate Budget Bill, Senate Print 1600B,
an act making appropriations for the support
of government: Legislature and Judiciary
Budget.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk, Mr. President?
6758
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1250. 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 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, 55. Nays,
1. Senator Duane recorded in the negative.
6759
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we take up Calendar Number 1659.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1659.
THE SECRETARY: Calendar Number
1659, by the Senate Committee on Rules, Senate
Print 6110, an act to amend the Tax Law.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk, Mr. President?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1659. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
6760
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
house.
The Secretary will read the last
section.
SENATOR DUANE: Explanation.
Explanation.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: Could I have an
explanation on 1659?
ACTING PRESIDENT KUHL: Senator
Bruno, an explanation has been requested by
Senator Duane on Calendar Number 1659.
SENATOR BRUNO: Mr. President,
the bill before us is the tax cut package that
contains over 300-some million dollars in tax
cuts that will be added to the 12 billion plus
passed in this state, in this chamber, over
the last several years. Tax cuts that relate
to sales taxes on clothing under $500 for
two-week periods. The earned income tax
credit that goes up 5 percent, $125 million
worth, for people with incomes of $30,000 or
less here in the state.
6761
ACTING PRESIDENT KUHL: Senator
Duane, is the explanation satisfactory?
SENATOR DUANE: Satisfactory.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR BRUNO: Thank you, Mr.
President.
ACTING PRESIDENT KUHL: Excuse
me. Senator Connor, why do you rise?
SENATOR CONNOR: Just a brief
comment on the bill.
I'm certainly delighted that the
EITC is contained in here. It's something
that the Senate Democrats advocated both last
year and the year before, I believe. We
offered amendments on it. I'm glad it's been
adopted. It will help low-income families.
Some of the other tax cuts that are in here I
think will also help our economy.
I regret that the truck tax isn't
repealed. I think that's an important thing
we ought to address next year. I also think
the marriage penalty ought to be something
that we address next year, and we will
continue to advocate for it.
6762
As I've said before, this
Democratic Minority is generally disposed in
these kind of economic times to support
sensible tax cuts that help our families and
help our economy. I do regret the Nassau
situation. That's a tax increase that Nassau
County is asking for. Frankly, Mr. President,
it absolutely baffles me, you know -- and with
all due respect to those who are in upstate
and western New York, because I know the
economy of this state has not been booming in
those regions, but in the New York City
metropolitan area, which includes Long Island,
the economy has been booming for years now.
All the other counties in New York City have
been realizing billion-dollar surpluses even
while they cut taxes.
And frankly, I note this just comes
as a tax increase requested by Nassau County
without the kind of supervisory mechanism that
was imposed on other municipalities, including
New York City, when they seemed to be in bad
fiscal straits.
My warning to Nassau County is
this: If you're running big deficits in good
6763
times like this and you're raising taxes when
everyone else is lowering taxes, you have a
problem. Whether you have a fiscal control
board or not, you have a problem that you
ought to -- a structural problem that you
ought to address, or you're going to be in big
trouble when the economy is not so good. Big,
big trouble. You're headed in the wrong
direction.
This conference many years ago, I
think under the leadership of Senator
Gallagher, for example, examined the school
districts in Nassau County and found that
there were school districts with only five,
six, eight schools, yet maintaining a very
high overhead.
I think it's time for perhaps
Nassau County to look to more conservative
government, more conservative delivery of
services, less duplication among
municipalities. And believe me, I never
advocate layoffs. But certainly through
attrition, they ought to cut back on the size
of government. That's the good kind of
conservative philosophy that -- particularly
6764
with respect to Nassau County, that my
conference is proud to support.
So I'm going to vote for this bill,
but it really, really is a shame that Nassau
County sees a necessity to raise taxes when
the state, the city, and everyone else has
great surpluses even though they've been able
to significantly reduce taxes.
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.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes, 54. Nays,
2. Senators Duane and Schneiderman recorded
in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President, I
am proud to say that this chamber has just
6765
passed the budget for the people of this
state, one that we can be proud of.
And there being no further business
to come before the Senate at this time, I move
that we stand adjourned until 1:00 p.m.
tomorrow.
ACTING PRESIDENT KUHL: Without
objection, the Senate stands adjourned until
tomorrow, August 4th, at 1:00 p.m.
(Whereupon, at 11:29 p.m., the
Senate adjourned.)