Regular Session - January 31, 2000
436
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 31, 2000
3:17 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us today to
give the invocation is the Reverend Peter G.
Young, from Blessed Sacrament Church in Bolton
Landing, New York.
REVEREND YOUNG: Let us pray.
Dear God, as we dig ourselves out
of the snow, we again see Your awesome power
of nature that maintains Your state's balance
and the beauty.
We humbly thank You for the gifts
of your balance, and pray that our elected
representatives from the New York State Senate
will enjoy good health and accomplishment in
their dedicated service to the citizens of our
Empire State.
Amen.
THE PRESIDENT: Reading of the
438
Journal.
THE SECRETARY: In Senate,
Sunday, January 30th, the Senate met pursuant
to adjournment. The Journal of Saturday,
January 29th, was read and approved. On
motion, Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Spano,
from the Committee on Labor, reports the
following bills:
Senate Print 3315, by Senator
Spano, an act to amend the Workers'
Compensation Law;
4359, by Senator Spano, an act to
amend the Workers' Compensation Law;
And 4360, by Senator Spano, an act
to amend the Workers' Compensation Law.
Senator Alesi, from the Committee
439
on Commerce, Economic Development, and Small
Business, reports the following bills:
Senate Print 1385, by Senator
Padavan, an act to amend the State
Administrative Procedure Act;
4578, by Senator Bonacic, an act to
amend the Economic Development Law;
4579, by Senator Bonacic, an act to
amend the Economic Development Law;
5108, by Senator Nozzolio, an act
to amend the Economic Development Law;
5180, by Senator Maziarz, an act to
amend the State Administrative Procedure Act;
5294, by Senator Hoffmann, an act
to amend the Economic Development Law;
And 5299, by Senator Marcellino, an
act to amend the Economic Development Law and
the Public Authorities Law.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if I could just interrupt, there will be an
immediate meeting of the Finance Committee in
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the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
The Secretary will continue the
reports of standing committees.
THE SECRETARY: Senator Volker,
from the Committee on Codes, reports the
following bills:
Senate Print 111A, by Senator
Volker, an act to amend the Criminal Procedure
Law;
537, by Senator DeFrancisco, an act
to amend the Criminal Procedure Law;
728, by Senator Volker, an act to
amend the Criminal Procedure Law;
743A, by Senator Alesi, an act to
amend the Penal Law;
757, by Senator Johnson, an act to
amend the Penal Law;
822, by Senator Marcellino, an act
to amend the Criminal Procedure Law;
1012, by Senator Saland, an act to
amend the Criminal Procedure Law and the
Executive Law;
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1016, by Senator Skelos, an act to
amend the Penal Law;
1109, by Senator Goodman, an act to
amend the Penal Law;
1589, by Senator Johnson, an act to
amend the Penal Law;
1803, by Senator Padavan, an act to
amend the Criminal Procedure Law;
1830, by Senator Saland, an act to
amend the Penal Law;
4252, by Senator Volker, an act to
amend the Criminal Procedure Law;
4332, by Senator Saland, an act to
amend the Penal Law;
And 6173, by Senator Rath, an act
to amend the Criminal Procedure Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to Third
Reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
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Senator Wright.
SENATOR WRIGHT: Mr. President, I
offer the following amendments to the Third
Reading Calendar bills as follows:
Sponsored by Senator Maziarz, page
Number 5, Calendar Number 19, Senate Print
3665;
Sponsored by Senator Alesi, page
Number 7, Calendar Number 41, Senate Print
3483;
Sponsored by Senator Alesi, page
Number 7, Calendar Number 43, Senate Print
Number 3485;
Sponsored by Senator McGee, page
Number 9, Calendar Number 83, Senate Print
Number 4314;
Sponsored by Senator Hoffmann, page
12, Calendar Number 114, Senate Print Number
6175;
Sponsored by Senator Skelos, page
Number 13, Calendar Number 127, Senate Print
11B;
Sponsored by Senator Trunzo, page
Number 14, Calendar Number 137, Senate Print
Number 5016.
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Mr. President, I now move that
these bills retain their place on order of
third reading.
ACTING PRESIDENT MEIER: The
amendments are received, and the bills will
retain their place on the Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial
calendar, please.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
13, by Senator Maltese, Senate Print 4810, an
act to amend the Environmental Conservation
Law, in relation to penalties.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
16, by Senator Balboni, Senate Print 860, an
act to amend the Vehicle and Traffic Law, in
relation to aggravated unlicensed operation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
53, by Senator Spano, Senate Print 3909, an
act to amend the Labor Law and the Civil
Service Law, in relation to prohibiting state
funding.
ACTING PRESIDENT MEIER: Read the
last section.
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THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
79, by Senator Marcellino, Senate Print 3170,
an act to amend the Vehicle and Traffic Law,
in relation to aggravated unlicensed
operation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
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91, by Member of the Assembly Sanders,
Assembly Print Number 9284, an act to amend
the Education Law, in relation to the use of
certain federal funds.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
104, by Senator Larkin, Senate Print 681A -
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
112, by Senator Hoffmann, Senate Print 3541,
an act to amend the Agriculture and Markets
Law, in relation to the assessment of
penalties.
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ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
146, by Senator Farley, Senate Print 1917, an
act to amend the Environmental Conservation
Law, in relation to making technical
corrections.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
448
THE SECRETARY: Calendar Number
152, by Senator Morahan, Senate Print -
SENATOR GENTILE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
154, by Senator Lack, Senate Print 6362, an
act to amend Chapter 83 of the Laws of 1995
amending the State Finance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Mr. President,
if we could go to the controversial calendar,
I understand that only Calendar 152 is left to
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be debated. I believe the Minority has some
questions to ask, and then Senator Dollinger
who is in Finance, also has questions to ask.
So if we finish the initial round of
questions, we'll wait for Senator Dollinger.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
152, by Senator Morahan, Senate Print 6200, an
act to amend the Executive Law, in relation to
cost-sharing responsibilities of eligible EPIC
program participants.
SENATOR GENTILE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Morahan, an explanation has been requested of
Calendar 152 by Senator Gentile.
SENATOR MORAHAN: Yes, Mr.
President. Thank you very much.
This bill, called EPIC Plus, will
increase the eligibility of the Elderly
Pharmaceutical Insurance program in the State
of New York for single people from 18,500 to
35,000 and for married couples from 24,400 to
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50,000. In addition to that, it will increase
the number of people eligible for the program.
ACTING PRESIDENT MEIER: Senator
Gentile.
SENATOR GENTILE: Mr. President,
on the bill, please.
ACTING PRESIDENT MEIER: Senator
Gentile, on the bill.
SENATOR GENTILE: Thank you, Mr.
President.
I believe this is a -- quite a day
for the New York State Senate. I believe it's
a day that we can be proud of. The fact that
Senator Morahan has this bill on the floor is
something that I think marks a great step
forward for the seniors of this state and for
everyone who's interested in protecting
seniors over the cost of prescription drugs.
As you know, as some of my
colleagues know, I have been a tireless
advocate in this area for quite some time,
given what I know about the seniors in my
district and given what we all found out at
about October or November of 1998 when we were
informed that 55,000 seniors would be dropped
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from their HMO prescription drug coverage come
January 1st of 1999.
As a result of those factors,
Mr. President, I began a campaign similar to
the one that Senator Morahan now so well puts
on the floor, to get this Legislature to
increase the EPIC eligibility limits so that
many of those seniors in our state which were
not covered and were dropped as of January 1st
of 1999 would then be covered under the
increased eligibility limits that I proposed
in my legislation that I filed, with the
cosponsorship of my Senate Democratic
colleagues, on January 6th of 1999.
I filed that bill to increase those
eligibility limits in January of 1999. I'm
not -- unfortunately, once that bill was
filed, this house chose not to act on that
bill. And as a result, I moved, in a budget
resolution amendment in March of 1999, to
again include the increased eligibility limits
in the budget of 1999. Again, this house said
no.
In June of 1999, I tried again. In
an amendment to the one-house budget bill, I
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again introduced the increased eligibility
limits on EPIC. Again, this house said no.
And that is with knowing the budget surplus
and the tobacco money that was available to
us.
While this house said no, I had
heard from my discussions with seniors in my
district and around this state stories like
this one from a senior in upstate New York who
told me that she has no coverage for
prescription drugs. She gets $300 a month -
or she spends $300 a month on drugs just to
maintain her quality of life. And after
spending that $300 a month on prescription
drugs, she, with her fixed income, whatever
was left over in that fixed income, bought cat
food to eat. She bought cat food to eat.
This is New York State in 1999,
with a huge budget surplus and with tobacco
money coming in our way. That's outrageous in
our state. And yet we had the concerns and
the trouble of passing this legislation
earlier this year.
So what we did was, in addition to
our fight here on the floor of the Senate, we
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began a campaign with the public, with the
seniors of this state and with those who care
for seniors of this state, and we began a
grass-roots campaign throughout the state of
New York.
We, for example, hooked up with the
New York State Coalition for Seniors and
Medicare Improvement, known as COSAMI. And
that was led by a dynamic woman by the name
Eve Encina, who also dealt with Senator
Morahan. And Eve began her campaign to make
this bill a reality much about the same time
that we did.
I also worked with the Statewide
Senior Action Council and Michael Burgess, and
his great support is evident in this bill here
today. We worked with the Interagency
Councils on Aging throughout this state. We
worked with the AARP. All these groups
together were supportive of increasing the
eligibility limits on the EPIC program.
Indeed, in one case there was even
a coupon clipout in the Warwick Advertiser
asking people to send back these coupons
supporting Senator Gentile's bill, 724, to
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increase the eligibility limits in the EPIC
program.
This was a statewide effort, a
statewide, grass-roots effort that began early
last year and culminates here in the Senate
today. Now, with this bill, this bill -
filed almost a year later, because I checked
the filing date. I believe it's January 5th
of 2000. Almost a year later. But this bill,
with this bill, we now all, all of us, are on
board on increasing the EPIC eligibility
levels.
And I think the lesson that we
learned, I think the lesson we learned from
this past year is that you can make a
difference. You can make a difference with
strong commitment and strong community support
and a grass-roots effort. And we had those
things on EPIC. We had the community support,
we had the grass-roots effort. And as a
result, we can be heard, we're being heard
today.
You as seniors, as a statewide
community of seniors, and we as legislators,
working together and being persistent -- and
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that is the key, working together and being
persistent -- we can compel seismic changes in
the state government. And this is the first
important step in that seismic change in state
government for senior citizens.
So in protecting seniors from being
unable to afford prescription drugs, we as a
Legislature, we as Senators fulfill our
obligation to do what we can to protect the
health and quality of life of our senior
population.
And in that regard, I might add
that my good colleague and my good friend from
Staten Island, Senator John Marchi, has
another bill which we need to consider and
look at on capping drug prices. Those two
bills, these two bills are not mutually
exclusive. I believe that Senator Marchi's
bill can very well be a complement to our EPIC
legislation here today. And so I applaud
Senator Marchi for putting that issue on the
floor.
But for now, for now, this much we
can say, Mr. President: That from Suffolk to
Syracuse, from Brooklyn to Binghamton and
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Buffalo, from Staten Island to New York's
North Country, we can say that this is a great
day in the Senate for all seniors and all
those who have seniors in their families.
Hallelujah, hallelujah, Mr. President. Better
late than never.
Thank you.
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Maziarz, on the bill.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
First, I want to join with my
colleague Senator Gentile in his initial
remarks in congratulating Senator Morahan for
all the hard work that he's done on the EPIC
program since he has been a member of the
Senate. And I know that, chairing the Aging
Committee and having the Aging Committee staff
work directly in my office, Senator Morahan
has been a tireless advocate.
Senator Gentile was correct with
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the advertisement that went out, not only in
the Warwick Advertiser but in many other
newspapers across this state, sending in
coupons and getting this bill off of dead
center and moving.
And I think that Senator Morahan
deserves a great deal of the credit from
having worked with Eve Encina and her group in
Rockland County and in Orange County and in
bringing this bill finally to the floor of the
Senate.
I would have to disagree a little
bit with my colleague in that nothing was done
over the last couple of years. Apparently he
must not have remembered the changes that we
made to the EPIC program, all of us made to
the EPIC program in June of 1998, which took
effect on January 1st of last year, January 1
of 1999, which for the first time in I think
almost its 15-year history stopped the
disenrollment of seniors into the EPIC program
and actually turned the program around and
started the enrollment figures going up.
Which actually raised the income eligibility
levels, which decreased the copayments that
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were required.
That was a small step that this
body, along with the Assembly and along with
the Governor, took in 1998. But this, I have
to agree with my colleague, is a major step.
And of course I'm sure that in all of the tens
of thousands, maybe hundreds of thousands of
pieces of mail that go out from all of us,
we're all going to take credit. But I think
that the credit is particularly due to the
perseverance, quite frankly, of Senator
Morahan.
And I for one -- and I know I speak
for my Aging Committee staff -- are going to
be happy that we will not hear from Senator
Morahan on a daily basis about what's going on
with the EPIC program.
And I also have to of course
mention Senator Bruno, who basically gave the
impetus to Senator Morahan to carry on this
fight, and also to Senator Larkin, whose staff
and whose office have contributed a great
deal, through the Aging Committee, to this
final bill. And also Senator Hannon, who's
chairman of the Senate Health Committee.
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This bill is going to mean that
approximately another hundred thousand plus
seniors, really, seniors from the low-income
levels up to the middle-income levels of
24,000 for a single and 50,000 for -- I'm
sorry, 35,000 for a single and 50,000 for a
married couple, are going to be eligible for
financial assistance to purchase what has
become the most burdensome financial
arrangement that they have to do, and that's
to purchase prescription medication.
So I join Senator Gentile in
congratulating Senator Morahan and his staff
for all the fine work that they've done on
this bill.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: Mr. President,
we certainly take great encouragement from the
fact that there is universal pointing with
pride in this membership, the New York State
Senate, in the positive results achieved by
Senator Morahan and by all that is implicit.
We should reflect on the fact that
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the fastest rising element of health costs in
the United States is in the area of
prescription drugs. It is the one industry
that leads all industries in terms of profit
increment in the nation, of all the giant
industries, that, percentagewise, they have
achieved the most direct and the heaviest
gains. And also, as I say, in reference to
the total operational impact that produces
this phenomenon.
On the other hand, we do still
have, with this first step -- it gives us
encouragement. And Senator Kemp Hannon did
hold a public hearing some time back. We held
a hearing on the bill that was referred to on
both sides of the aisle relating to the cost
of medicines that come from this country, the
majority of them starting here. And we see we
can draw invidious comparisons between what is
charged, say, in Niagara and across the border
or in California and across the border in
Mexico.
There are dramatic differences in
prices which were never resolved in the
hearing that we had in the summer of 1999 and
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which Senator Bruno has assured us will be the
subject of further legislative inquiry.
We cannot abide this condition.
And when it's paired with a solid first step,
indicative as it is of the determination of
this body to continue exercising the
leadership that it has always asserted in the
delivery of health services, that we are going
to make further progress and elicit further
facts to give greater substance and
credibility and support to legislative efforts
in this state to point the proper way for
general reductions that are reflected across
the board on the pricing of pharmaceuticals.
And this would be a benefit, of
course, that would run to everyone in the
United States, irrespective of age or any
other classification that we can think of.
But it's a happy day indeed. And
I'm sure that, Senator, you feel very solid
about this, and you have every right to be.
And we are proud to have been part of this
effort.
ACTING PRESIDENT MEIER: Senator
Skelos.
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SENATOR SKELOS: Mr. President,
thank you.
Senator Morahan, I want to
congratulate you on this bill. We were
elected to the Assembly in 1981 together, and
we had the opportunity to serve. And little
did I know a number of years later that once
again our paths would cross, and they would
cross in a way that's very special to me.
Since you ran for election to the
Senate, and serving as a Senator right here,
you've made a difference. You made a
difference in motivating many to see the
justice in repealing the commuter tax. And
now, in your first couple of months of this
legislative session, you are passing the EPIC
Plus program.
Why is that important to me? As
the original sponsor of the bill, we fought as
a Majority to make sure that middle-income
seniors, moderate-to-middle-income seniors
were included in the program, when at that
time the Majority in the other house wanted to
limit it to those just above the Medicaid
eligibility level. This is a program and one
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of the first programs ever to reach out to
moderate-to-middle-income seniors and
recognize that they need assistance.
What you have done with this bill,
you've continued to reach to that group of
people that are so important to all of us and
to the State of New York, and you've
simplified the program.
Unfortunately, way back, the
Assembly and the former Speaker felt that you
needed a very complicated program, in order,
perhaps, to keep seniors out. What you've
done now is you've created, with these
changes, a program that will be easy for
seniors to understand, easy for people to
enroll, increase eligibility level, and reduce
copays.
So congratulations. Some people
talk the talk; other people are effective.
You've been effective as a State Senator. And
this is just wonderful for our senior
population.
ACTING PRESIDENT MEIER: To close
debate, Senator Morahan.
SENATOR MORAHAN: Thank you, Mr.
464
President.
This is indeed a particularly
wonderful day for me, because I'm now closing
a commitment that I made last spring to the
seniors of my senatorial district. They had
come to me through COSAMI, they came to me
through the Senior Coalition from Rockland
County and told me about the plight of
seniors, and particularly those middle-class
seniors. And those in the middle economic
bracket were totally ineligible for this vital
program for people over 65 who have no other
means of getting their pharmaceuticals at a
reasonable price.
Yes, this does a lot of things. We
heard a few minutes ago about another plan
that had been introduced last year which would
have increased the numbers of people to
140,000. This bill increases the enrollments
or will increase the enrollments to
approximately 230,000. The premiums now being
paid by those 18,500 singles will be $222, as
opposed to $240. And if the previous bill
that was talked about a little bit earlier had
passed, it would have been $260. And it goes
465
on.
This is a very solid bill. And
yes, Senator Skelos, I thank you for your
words of congratulations. But I -- well, I'll
yield.
ACTING PRESIDENT MEIER: Senator
Dollinger, we understand that you had some
questions. And Senator Morahan indicates that
he'll yield to those questions.
SENATOR DOLLINGER: Thank you
very much, Mr. President.
First, I apologize. I was in the
Finance Committee meeting, and I apologize for
not being on the floor.
Will Senator Morahan yield to a
couple of questions?
SENATOR MORAHAN: Mr. President,
I'll yield.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Thank you,
Mr. President.
This bill has been the topic of
some debate throughout this state for a
significant period of time. And I just rise
466
to ask whether you would entertain adding
additional sponsors to the bill.
SENATOR MORAHAN: I believe today
we're just going to deal with the merits of
the bill, Senator Dollinger, and get on with
the vote.
SENATOR DOLLINGER: Well, again
through you, Mr. President, if Senator Morahan
will continue to yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: I yield. Mr.
President, I continue to -
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: The reason
why I raise this issue, Senator, is it's my
understanding that at a forum back a year ago
with Senator Gentile, who had worked on the
EPIC issues -- and I understand there's some
differences in your bill and the bill that he
put forward -- my understanding is that you
told him that you'd put him on the bill, that
it wasn't a question of who got the credit,
that everybody should get the credit.
467
And my question to you is, as I
understand having sort of made that promise at
one point, could it be fulfilled today by
putting someone who worked on the same issue,
who worked very hard on it, putting him on the
bill and perhaps putting other sponsors on the
bill as well?
SENATOR MORAHAN: I think we all
can take credit with our vote, Senator
Dollinger. When we all vote yes, we're all
part of this success and all can take credit.
I really don't want to politicize
this. I'd like to move on with this. I
really don't believe that this is a portion of
the debate.
SENATOR DOLLINGER: Well, let me
ask you, if we had -
ACTING PRESIDENT MEIER: Senator
Dollinger, are you asking Senator Morahan to
continue to yield?
SENATOR DOLLINGER: Yes, through
you, Mr. President, if -
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: I continue to
468
yield, yes, sir.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Senator
Morahan, we have a copy of the buck slips from
I believe all the members of the Democratic
Conference. And I'd like to just have them
delivered to you and ask you again if you
would allow them to go on the bill.
And frankly, Senator, I appreciate
that you don't want to make it political. But
doesn't only one party appearing on the bill
make it in fact that?
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If Senator
Dollinger wishes to harass Senator Morahan, I
don't think it's appropriate. I believe he's
answered the question, and I think now we
should move on and vote on the bill.
SENATOR DOLLINGER: Through you,
Mr. President.
SENATOR SKELOS: There will be an
immediate meeting of the Education Committee
469
in the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Education Committee
in the Majority Conference Room.
SENATOR DOLLINGER: Through you,
Mr. President. If Senator Morahan will just
yield and respond to that question, I'd
appreciate it.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: I continue to
yield, yes, Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Through you,
Mr. President.
My intention is not to harass
Senator Morahan. Frankly, this bill is one
that I think at least one member of our
conference has done a great deal of work on
the same topic. And, frankly, I think a
number of members here would like to be on the
bill.
And my question is having submitted
the buck slips, having gone through the
470
process that we usually go through to join on
to a bill, will Senator Morahan allow them to
be added to the bill?
SENATOR MORAHAN: Well, let me
just say this for the moment. Okay? This is
the first time this group of requests have
been handed to me. That's number one.
I would believe that there are many
bills that the Minority Senators would like to
get on. I would imagine that there's many
bills and many ideas that have come and have
been explored both in the Majority and in the
Minority side of the house. And I don't know
if that establishes a priority, frankly.
So at this time I really would like
to say I would consider these, but at this
particular time I'm not entertaining them.
I'd like to move on with my closing remarks
about the bill and bring this debate to a
conclusion.
I really don't want to hold up for
another moment what we're going to do for
seniors in New York. And whether this takes
five minutes or ten minutes, people are still
waiting for this bill to leave this house.
471
And I believe we ought to move on the bill,
Senator Dollinger, with all due respect.
SENATOR DOLLINGER: Through you,
Mr. President, I believe we have a chance to
make this bill law faster than his proposal -
ACTING PRESIDENT MEIER: Well,
Senator Dollinger, do you want to pose a
question to the sponsor?
SENATOR DOLLINGER: I would, Mr.
President, if I could. Just one final
question.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Does the fact
that Senator Maziarz in the Aging Committee
sat down and said to the three members of the
Democratic Conference who were there -
Senator Onorato, Senator Gentile, and I
believe Senator Stavisky -- that he said to
them, "You can go on the bill," does that
affect your decision to either entertain the
472
buck slips or put anybody else on the bill?
SENATOR MORAHAN: Mr. President,
Senator Maziarz certainly can speak for
himself. He has been an integral partner with
me in getting this bill to the floor, with
Senator Bruno and other members of the
Legislature.
ACTING PRESIDENT MEIER: Senator
Dollinger -
SENATOR MORAHAN: Am I
interrupted? No, I'm not finished.
I didn't know if I was interrupting
you fellows up there.
ACTING PRESIDENT MEIER: Not at
all. Senator Morahan, you have the floor.
SENATOR MORAHAN: And I think
Senator Maziarz can answer for himself,
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, I have an amendment that I'm going
to ask to be delivered to the desk. And I ask
that we waive its reading and that I be
allowed to be heard on the amendment.
ACTING PRESIDENT MEIER: Give us
a moment to look at it.
473
Senator Dollinger, it's my
understanding you've waived the reading. And
at this time you're recognized for the purpose
of explaining your proposed amendment.
SENATOR DOLLINGER: Thank you,
Mr. President.
This amendment does two very simple
things. It addresses the issue that Senator
Morahan wanted us to address, which is how can
we make this bill law for the seniors of this
state faster. We shouldn't wait another
second, Senator Morahan said.
This amendment does exactly that.
It changes the effective date of this bill
from 120 days after it's signed into law to 90
days. Moves it up 30 days, gets these
assistance to the seniors 30 days quicker than
the bill Senator Morahan wanted. It does
exactly what he said we ought to do, gets it
right out there.
And it does one other thing. It
adds as sponsors of this bill people who have
been involved in this issue. It starts with
Senator Gentile and adds other members of the
Democratic Conference.
474
It seems to me that this is just
the kind of thing we ought to be doing. We
have bipartisan support on increasing EPIC
eligibility. Senator Morahan, I'll give you
credit. It's a great idea. I'll give the
credit to Senator Gentile. It's a great idea.
I'll give the credit to Senator Maziarz. It
was a great idea. It got through your
committee. I think it was a wonderful idea.
What better way to suggest that
it's not only a good idea, Senator Morahan,
but that we can take the politics out of it.
You suggest that by putting other names on it,
we would be adding politics to it. I suggest
you're wrong. Instead, what we would do is we
would take the politics out of this by
allowing members of the Democratic Conference
to be joined on the bill.
And I'd just close with one other
thought, Mr. President. I've stood here for
years now -- far too long, some people
think -- and I've heard people say to me,
"We've got to respect this house. We've got
to respect this institution. We've got to
respect what this great institution does for
475
the people of the State of New York."
Well, with all due respect to all
of my colleagues, what I see in this, keeping
members of the Democratic Conference off this
bill, especially the one who stood up two
years ago and said, "It's such a good idea, we
should have done it two years ago" -- by
keeping him off the bill, we don't have the
rules of a house of governance, we're acting
more like little kids in the schoolyard when
we were kindergarten age. And we're simply
saying, "We've got the marbles, we can take
them, we're going to take them all away."
I don't understand that, quite
frankly. It frankly makes me, as someone
who's tried to respect rules his whole life,
look around and say if these are the rules of
the house, they aren't worth respecting. Much
like Henry David Thoreau did on the shores of
Walden Pond when he said, "If a rule isn't
right, you're not morally obligated to follow
it."
I would suggest that the rule of
this house in this case, where a Democratic
Senator who two years ago stood up and said,
476
"We've got to increase EPIC eligibility to
fill in the gap of lost Medicare money,"
somebody who stood up two years ago, who went
to the forum with the sponsor a year ago in
which the forum sponsor said, "It's not
political, we can all get credit," he's not
going to get that credit.
And then, when we go to an Aging
Committee meeting, we're told that there's new
era that we're approaching in the state,
because the chair of the Senate Aging
Committee -- rightfully so, as a gesture of
respect for his colleagues -- said, "You can
be on the bill." Now they're not on the bill.
I would suggest it's difficult for
me, as someone who wants to respect this
house, to accord it respect when it doesn't
accord all of its members that same respect.
If that's the rule in this animal
house, in this Animal Farm, that there's one
rule for those who have two legs and another
rule for those who have four legs, or there's
one rule for those who have two legs and can
walk and another for those that only have
three legs and can't walk -- if that's the
477
rule, I would just suggest that there's no
respect for any rules in this house.
And again, with all due respect, I
can't be expected -- I don't think anyone
should be expected to follow rules that aren't
reasonably and fairly applied. If what you do
is make me into a Henry David Thoreau, sitting
on the shores of Walden Pond and figuring
about how I can avoid those rules or fail to
respond to them, that's what you do when you
cast this rule against me and enforce it
against people who in my judgment are being
punished for one thing, Senator Morahan:
They're Democrats. That's unfair.
I move the amendment, Mr. Chair.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye.
(Response of "Aye.")
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll on party vote.
478
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
34. Party vote.
ACTING PRESIDENT MEIER: The
amendment fails.
Senator Morahan, for the purpose of
closing debate.
SENATOR MORAHAN: Thank you, Mr.
President. I thought I had started this a few
moments ago, but I will continue.
As I said earlier, this is a good
day for the senior citizens. It's a good day
for me, being able to fulfill a campaign
promise and a commitment to the seniors that I
represent and the seniors around the state of
New York.
As I started to point out, we were
talking a lot about ideas. If Senator
Dollinger wants to sit by Walden Pond and
ponder rules, that's okay. But I know what
the rules of this Legislature say at this
moment, and that's if the main sponsor does
not acquiesce to the sponsorship or the adding
of sponsors, then that speaks for itself.
In addition, too, the 120 days,
479
this is to give the Health Department adequate
time and those agencies around the state, the
Offices of the Aging, adequate time to
implement the program in a nonchaotic way.
When we look at the comparison of
the bills, speaking to an idea, as to what it
said, and to getting something done and what
it says, there's a vast difference in these
bills. I hear that certain Senators have been
fighting for this bill for years. But I note
the bill was only submitted -- any other bill
was submitted in January of '99. The Senator
Majority announced this bill in December of
'99, a much improved bill.
I also note that other legislators
who have worked on this, allegedly, have also
been here for an extended period of time
before the entering of the bill. I point out
that this sponsor is here approximately eight
months, and this pledge to the community that
I represent is being concluded.
I would believe that a lot of
credit is due to a lot of people. Yes,
Senator Gentile, you and I debated this issue
back in May. And yes, Senator Maziarz, you
480
helped me when I arrived to get meetings with
Senator Bruno, with Eve Encina, other members
of that organization, COSAMI, and convince not
only Senator Bruno but a majority of our
colleagues that this is what we had to do and
we had to find the money for it.
This is $129 million bill. It's a
vast commitment. And hopefully -- and I know
we will have to revisit this in the future as
the economy grows and the cost of living goes
up.
And there was mention of Senator
Marchi's bill, which I'm a cosponsor also.
Something has to be done with the
pharmaceuticals and the problems that we face
as citizens of this state.
And I'm grateful to Senator Bruno,
who has scheduled and is in the process of
scheduling hearings around the state to deal
with this particular issue so we can come back
again to this chamber with more legislation,
hopefully, that will help all of our citizens
cope, including those who are disabled who
have difficulty paying for their
pharmaceuticals.
481
So, Mr. Chairman or Mr. President,
in closing, I thank my colleagues who have
helped me. I thank the colleagues on both
sides of the aisle. I thank my leader,
Senator Bruno; Senator Maziarz. And I thank
Senator Marchi for your kind words.
And I ask for a vote on the bill.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Nozzolio, to explain his vote.
SENATOR NOZZOLIO: Mr. President,
thank you. Thank you and my colleagues for
recognizing this important matter.
I especially wish to congratulate
the sponsor, Tom Morahan. Senator Morahan has
taken this issue and has secured the support
necessary to realize what is a tremendous
victory for the senior citizens of our state.
482
No senior citizen should have to make the
decision to pay for needed medicine or food or
heat.
We're helping those senior
citizens, now opening up a new avenue for a
hundred thousand senior citizens in this state
to be able to afford prescription medicine.
This will, in the long run, reduce health
costs and ensure that our seniors are
healthier for a longer period of time because
they will be able to obtain needed
prescription medicine.
Mr. President, I support this
legislation and am proudly in its sponsorship.
It's a victory not for us in this chamber but
for the senior citizens of our state.
ACTING PRESIDENT MEIER: Senator
Nozzolio will be recorded in the affirmative.
To explain his vote, Senator
Onorato.
SENATOR ONORATO: Mr. President,
I rise also to join my colleagues on this
momentous occasion, to support this
legislation and also to express my frustration
as perhaps the most senior member on the Aging
483
Committee. I've never missed a meeting of the
Aging Committee in 18 years that I'm a member
of this Senate body.
And on the day that this
legislation came to our committee, I
congratulated everyone present and asked for
permission to be a cosponsor of the bill. I
was informed at that time that we are engaging
in a new era of copartisanship and cooperation
and there would be absolutely no problem with
me going on as a cosponsor.
And contrary to the statement made
earlier that there were no buck slips issued,
I made the buck slips the very same day that
the committee meeting ended and presented
them. They may have gotten lost somewhere
along the line. If that was the case, I state
now for the record I wish that they hadn't
been lost and that I too could have been a
cosponsor of this very, very worthwhile
legislation.
I vote aye.
ACTING PRESIDENT MEIER: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Mr.
484
President, I -
ACTING PRESIDENT MEIER: I'm
sorry, first the record will reflect that
Senator Onorato will be recorded in the
affirmative.
Senator Dollinger, to explain his
vote.
SENATOR DOLLINGER: Thank you,
Mr. President. I'll be very brief.
This is a good bill. It was a good
bill back on March 23, 1999, when Senator
Gentile attempted to bring it to the floor and
then the Republicans in this house unanimously
voted against it. It was a pretty good idea
then. It was also a pretty good idea on
June 8th of 1999 when he again tried to bring
it back to the floor, and for some reason, for
some reason it wasn't a good enough idea to
draw the support of the Republican Conference.
But I thought it was a pretty good idea then.
I think it's a better idea now,
Senator Morahan. You've actually taken
Senator Gentile's concept and refined it.
It's a good idea. It's a better idea, I'm
even willing to acknowledge. Your bill
485
expands the income level a little bit higher
than what it was under Senator Gentile's bill.
It's a good idea. It was a good
idea a year ago. It was a good idea when we
had a chance to twice vote on it earlier.
But, Senator Morahan, my problem
with this whole process is you can only draw
one conclusion from that experience. It's
being produced today, and the Democrats can't
get on the bill as sponsors. I even respect
the rule of a sponsor controlling a bill. But
why is it in Congress Republicans and
Democrats get on bills? Why is in other
states Republicans and Democrats get on bills?
Why is it only in the New York State Senate
that Democrats can't get on a bill like this?
Absolutely inconceivable to me,
except for one thing. One thing. This bill
doesn't take politics out of the process.
This bill is absolute, irrefutable proof that
politics is the only thing that drives this
house.
I'll vote yes, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the affirmative.
486
Senator Paterson, to explain his
vote. Senator Paterson.
SENATOR PATERSON: Mr. President,
to explain my vote.
I think that there may have been
certainly an implication of a lack of
integrity on the part of some members of this
chamber when it was clearly stated that some
representations were made and were not
honored.
I think, rather, that those members
of this body who made any representations did
it in good faith. I think at the time that
they made those representations, they fully
intended to include people on the bill who had
worked hard on the bill -- people like Senator
Gentile, who had worked on this bill since the
latter part of 1997, which is over two years
ago.
But unfortunately, I think that our
body, which is reflected in our leadership, is
going to have to take responsibility for the
fact that we have a piece of legislation that
over the past couple of years has been borne
out by political polling to be very important
487
to the seniors of this state. But the point
that I want to make is it was very important
to the seniors of this state even before
Senator Gentile started working on it.
And so therefore, if we really
wanted to be nonpartisan and we really wanted
to respect not only those in the Minority but
those in the Majority who recognize this, that
the best way to have handled this would have
been to put everyone else on the bill.
And finally, the reason I think
that would be so important is that we don't
want to send a message, I assume, to the
residents of New York State that we're sitting
around thinking about what's popular rather
than what's right.
ACTING PRESIDENT MEIER: Senator
Paterson will be recorded in the affirmative.
Senator Gentile, to explain his
vote.
SENATOR GENTILE: Thank you, Mr.
President.
I may just add that if indeed -
and it is true that the bill that we voted on
today has certain refinements and certain
488
enhancements to the bill that I introduced in
January of 1999. And to that extent, that
there are refinements and enhancements on the
bill that we voted on today, I only might say
that it appears that our grass-roots efforts
worked better than we even anticipated to get
a bill that we voted on here today.
So of course I vote in the
affirmative. And I thank COSAMI and the
Statewide Senior Action Council, the
Interagency Councils on the Aging, the AARP,
and all those statewide and local groups that
coordinated this statewide effort, this
grass-roots effort to get us to the point
where we are here today. Together, we made a
difference.
The fact that some of our
colleagues want to play politics in terms of
who sponsors this bill is a pity. But those
groups and the people who care, the people who
know, know that together -- together -- we
made a difference. It took us one year, it
took us one year, but together we made a
difference.
I vote aye.
489
ACTING PRESIDENT MEIER: Senator
Gentile will be recorded in the affirmative.
Senator Maziarz, to explain his
vote.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
I just -- you know, while everyone
is tripping over themselves to take credit
here and talking about when the -- when this
bill actually came about, I again want to
remind my colleagues on the other side of the
aisle that it was a very significant EPIC
amendment or amendment to the EPIC program
done last year, all initiated by this side of
the aisle, which really started this process
rolling. And it came to fruition when Senator
Morahan and the groups from Rockland County,
Eve Encina and others, came up here.
But there's one person who quite
frankly really deserves a whole lot more
credit than Senator Gentile or Senator
Dollinger -- who thinks he deserves a lot of
credit for it -- and anybody else over there,
or even more credit than Senator Morahan. And
that is the late Rose Kryzak, who passed away
490
last year at the ripe age of 99 years old. It
was really the efforts in 1986, when I believe
Senator Skelos was chair of the Senate Aging
Committee, it was really Rose Kryzak and the
New York State Senior Action Council that
really brought the EPIC program about here in
New York State.
So we may disagree today on who
deserves credit for it, and I'm sure that when
the mailings go out we're all going to
disagree on who gets the credit for it. But
the one person who really deserves an awful
lot of credit is the late Rose Kryzak.
Thank you, Mr. President. Read the
last section.
ACTING PRESIDENT MEIER: Senator
Libous.
I'm sorry, Senator Maziarz will be
recorded in the affirmative.
Senator Libous, to explain his
vote.
SENATOR LIBOUS: Thank you, Mr.
President. I'd like to rise to explain my
vote.
And I have to stand here and smile
491
a little bit to hear some of my colleagues
fighting to take credit over this legislation
when indeed the legislation is so badly needed
in this state. I can tell you that on at
least twice, three times a week, when I visit
the grocery store or go out of my district,
I'm stopped by a senior who asks, "When you
are going to increase the limits on the EPIC
program? I can't afford to pay any longer my
prescription costs."
And that's really the issue here.
It's not who should get credit, it's the
people who need the program. And that's what
this body is supposed to be all about. I'm
somewhat disappointed, actually, to hear from
my colleagues on the other side of the aisle
who are somewhat worried as to who is going to
credit for this. The bottom line is there's a
need in this state. We are elected to help
people in this state.
And in this case, I think the EPIC
program should be increased. It is an
outstanding program. And it is one that I
would encourage our colleagues on the other
side of the house, the Assembly, to follow
492
through on.
Mr. President, I vote aye.
ACTING PRESIDENT MEIER: Senator
Libous will be recorded in the affirmative.
Senator Stavisky, why do you rise?
I'm sorry, Senator Connor.
SENATOR CONNOR: Thank you, Mr.
President. To explain my vote.
ACTING PRESIDENT MEIER: Senator
Connor, to explain his vote.
SENATOR CONNOR: Just let me say,
I agree with what Senator Libous said. This
is sorely needed. Credit doesn't matter. And
that's why I'm really, really sad that we
didn't do this last year or the year before
when there were motions to bring this bill to
the floor and the Majority voted against it.
Because as Senator Libous said,
Mr. President, this is really about our
seniors. And they've really been hurting for
this and needing this. So I agree that
politics shouldn't matter here. This should
have been done two years ago by the Majority,
yet they all voted to reject bringing this
bill to the floor at the time.
493
I vote aye.
ACTING PRESIDENT MEIER: Senator
Connor will be recorded in the affirmative.
Senator Stavisky, to explain her
vote.
SENATOR STAVISKY: Yes, Mr.
President.
I commend Senator Maziarz for
mentioning the name of Rose Kryzak. Rose,
who, if she had been elected to the
Legislature, I assure you she would have been
sitting on this side of the aisle -- Rose
Kryzak was a most remarkable woman. She
passed away at the age of 99. She was an old
Socialist, and she was a very good friend of
mine.
And I'm proud today to cast my vote
with Rose Kryzak in mind.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Stavisky will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
494
is passed.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Mr. President,
if we can 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 MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nomination.
As Executive Director of the New
York State Office of Science, Technology and
Academic Research, Russell W. Bessett, M.D.,
of East Amherst.
SENATOR SKELOS: Move the
nomination.
ACTING PRESIDENT MEIER: Senator
Hannon, why do you rise?
SENATOR SKELOS: Excuse me,
Mr. President, I believe a few members wish to
speak on the confirmation.
495
I just want to point out to the
members of the Majority that there is going to
be a conference in the Majority Conference
Room following session.
ACTING PRESIDENT MEIER: Senator
Hannon.
SENATOR SKELOS: Mr. President,
if you could recognize Senator Rath first.
ACTING PRESIDENT MEIER:
Certainly.
Senator Rath.
SENATOR RATH: Thank you, Mr.
President.
And I thank my colleagues for
extending me the courtesy, inasmuch as
Dr. Bessett, who we are going to be
confirming, I believe, today, is a resident of
my district. And so thank you, Senator Hannon
and Senator Skelos, my colleagues.
And Dr. Bessett, Mrs. Bessett,
welcome. This has been a long day in coming.
I would like to set the stage just
a little bit by saying when you're here for
five years, as I have been, some of your
colleagues will say to you, "This piece of
496
legislation has been a long time in coming."
Senator Maziarz just spoke about Senator
Skelos's history with the senior bill we just
passed. Others will talk about others in
those kinds of terms.
And when large parts of this J2K
passed out of the Higher Education Committee
last year, I looked at Senator LaValle and
said, "This is really something, isn't it?"
And he said, "Yeah, it's about twenty years of
work." At which point I just kind of shrugged
and said, "Wow, that's impressive."
And so first of all, I think the
thought has to go to Senator Bruno and, with
the assist of Senator LaValle, Senator Bruno's
leadership on having J2K pass this house, move
forward, be embraced by the Governor and the
Assembly, and move forward into the law of
this state. Which is going to give us the
opportunity which is going to be led by
Dr. Bessett, who I believe is the best person
in the state to be leading the board and
leading it as the director, along with
Dr. Schmidt, who is going to be the chairman
of the board, I believe his title will be, as
497
Dr. Bessett leads the agency.
As you look at anyone's resume, and
as you know someone personally because they
live in your district -- and so often on this
floor people will say, I have known so-and-so
for twenty years, for forever. I will tell
you, I don't know how long I've known
Dr. Bessett. It's like I've always known him,
because he has always been there as part of
what was going on with the science and health
affairs in our community in Western New York.
If you look at his resume, you'd
see how long and deep his resume is, not only
with his education, the clinical side of his
work as a dentist and a plastic surgeon, the
research work, the public/private work that
he's done. But when I see how much
Dr. Bessett has published, I know how serious
you are about what it is that you are going to
be doing and what you bring to the effort by
way of background, thoughtful hard work.
But I'll tell you what I would like
to leave you all with as you're thinking about
this confirmation, and to say to Dr. Bessett
that was extraordinarily important when I
498
talked with you at length one day about this
effort and this new board who is going to lead
New York State in this new effort that's going
to lead New York State into the future of the
science and technology, that we know the
marriage and blending of them together will
work so well to enhance New York State's
economy.
What impressed me the most was his
understanding between the technical work and
the research work and the day-to-day people
who are actually doing the work. And putting
in the prostheses that are made and will be
the economic development pieces that move
forward.
And so there is a very special
place in the hierarchy, if you will, of an
effort as it goes forward. You've got a lot
of the base effort, then you get to the very
top. And if you haven't got all the pieces
leading to it, you're not going to -- it's not
going to happen.
Dr. Bessett understands that. He
knows where the strong parts are and he knows
where the weak parts are, and he will be there
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to fill the gaps and make this thing work the
way it has been dreamed of and the way New
York State knows it should work for all the
resources that we have all across this state.
And so it is with a great deal of
pleasure that I second the nomination of a
constituent, of a friend, and of a doctor and
a soon-to-be public servant who will be more
than able to do a wonderful job and lead New
York State into this wonderful future that
should be so bright and shiny for technology
and research.
Thank you.
ACTING PRESIDENT MEIER: Senator
Hannon.
SENATOR HANNON: Thank you, Mr.
President. I just want to rise and support
this wonderful appointment, confirmation.
Dr. Bessett has -- it seems like
just yesterday we confirmed Dr. Bessett for
chair of the Public Health Council. And it -
probably the same way that he is, there's been
so many different issues that have come up
along the way.
And for the residents of this
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state, the issues that he helped guide, the
studies that he helped develop and bring
things to the forefront have benefited
everybody.
So I just wanted to commend the
Governor for making the appointment. And
while I don't have the long list of
accomplishments Dr. Bessett already has made
in his life, I do know they are considerable
and they show that he has all of the abilities
in the world to carry out this new slot.
And thanks for braving Albany on
our snowstorm day.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you,
Mr. President.
Mr. President, I rise to support
this excellent nomination and to thank Senator
Rath and Senator Volker from Western New York,
who were particularly strong advocates for the
candidacy of Dr. Bessett.
As one who represents Rochester and
the Central Finger Lakes, we are excited by
this appointment. The Governor has done an
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excellent job in having such a high-quality
person to serve in this very important office,
an office that we view in the Rochester
region, in particular, as an office that will
be extremely important in future economic
development projects.
That I would be also remiss if I
didn't compliment my former roommate, now
Congressman Tom Reynolds, who is also
extremely supportive of Dr. Bessett in this
endeavor.
And that we welcome Dr. Bessett to
this new endeavor and certainly pledge our
full support to him as he undertakes what will
be very significant and exciting challenges.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you, Mr.
President.
I rise to join my colleagues in
seconding the nomination of Dr. Bessett. This
is an agency that I think is going to lead
New York State into the 21st century of
economic rebirth. And I can't think of a
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person who, quite frankly, I would rather see
heading this agency than Dr. Russ Bessett. As
Senator Rath pointed out, he has a wide
background in science and academic research,
and particularly as it deals with health care.
And I think that -- I know that
Dr. Bessett is -- will look at the entire
state of New York. But I have to say it's a
great honor that Governor Pataki chose someone
from Western New York to be the executive
director of this agency.
And, Doctor, we expect great things
in Western New York from you, and sincerely
congratulate you and your wife and your
family. This is a great honor, and it's a
great honor for us, quite frankly, to have
someone as qualified as you on board. Thank
you.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
let me just say very quickly that I want to
commend the Governor for this appointment of
Russ Bessett -- one of the few people I have
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ever met who is a dentist, a doctor, a
surgeon, a businessman. He has been in all
sorts of areas. In fact, if you read his
curriculum vitae here, you'll see that he has
been in some research studies, some of which,
if I tried to pronounce what they are, I would
be in deep, deep trouble. I'm only a lawyer,
and I'm not into that sort of stuff.
But I think what this shows, I
think, is that the Governor I think has
nominated a person to be the executive
director of an agency that is designed to help
bring the economies of this state in the
research area and in the high-tech area back
into New York in a way in which I think is
really not understood, unfortunately, because
there's so much cynicism out there.
All -- you know, as I've said on a
number of occasions, all we've done is cut
taxes more than any other state in the Union,
reform Medicaid and welfare, and we've been
trying to bring jobs to the state, and we have
succeeded in many ways.
But we have a long way to go. The
federal government, with all the changes that
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they've brought on us with free trade and with
the Marshall Plan and all those sorts of
things, tremendously impacted on Western New
York. It's not well understood in the Western
New York area as to why manufacturing left our
area, but it was really federal policies that
created a huge problem for Western New York.
So we're not saying, by the way,
that Dr. Russ Bessett, that his job is to take
care of Western New York. His job is to take
care of the State of New York, the entire
state. We are confident, obviously, that
somebody of his magnitude and intellectual
ability will be able to help direct enormous
amounts of job potential to the whole state,
but also to Western New York, where we
certainly need it.
He's also a fine gentleman and
just, by the way, participated -- this was not
mentioned, but I think it should be, that he
oversaw the medical staff for the county
executive in Erie County, Joel Giambra, who's
just gone through some rather tough times.
And he's doing extremely well. I might add he
went to Sloan-Kettering to have some treatment
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done, because the people down there were
expert people in the area that he had to deal
with.
And Russ Bessett was the person who
was chosen to oversee that, because he has the
experience, the expertise, and the confidence
of people not only in the Giambra
administration, obviously, but in the medical
community in Western New York.
So, Russ, I wish you the very best.
I congratulate you on this position. And I
know you'll do an excellent job and will help
us to bring much-needed additional help to
this state and especially to Western New York.
ACTING PRESIDENT MEIER: The
question is on the -- I'm sorry, Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
I'm going to vote in favor of this
nominee. I do it with two caveats attached,
neither of which affect this particular
candidate's qualifications. And we did have a
chance to talk about them both in the Finance
Committee. I just wanted to repeat them
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briefly.
One is to make sure that the
Manufacturing Extension Partnership -- which
is a critical piece of High Technology of
Rochester, as it is for many of the other high
technology centers around New York State.
This year, for some reason, and I don't know
what accounted for it, and I don't hold anyone
accountable for it, but there was a loss of
$2.3 million in state funding.
My understanding is the Governor is
going to produce a 30-day amendment to put
that $2.3 million back into the budget so that
High Technology of Rochester, as well as the
other high technology centers, will have
enough to do the work that they do in
supporting new businesses.
Rochester, New York, is very
fortunate. I represent the community. And a
hundred years ago George Eastman could have
used a little science and technology help. So
could the Bausches and the Lombs. Back in the
mid-fifties, there's no question that Chester
Carlson and Joseph Wilson could have used it
as well. If one of those businesses is
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delivered, at any time in the next ten years,
to our community, it will be an enormous
blessing to everyone in upstate New York.
So it's good to hear the Governor
has put that money in. Dr. Bessett, I hope
that you use that money as the sprinkling to
grow many new rising businesses, not only in
Rochester but throughout upstate New York.
And the second thing I'll close
with -- and again, I mentioned it very
briefly -- is I think we made a mistake last
year in the J2K program when we abolished the
Office of Science and Technology in New York
State and created the NYSTAR without creating
an obligation that NYSTAR file a report with
the Legislature on the activities that it has
undertaken in a given year.
I know Dr. Bessett has assured the
members of Senate Finance Committee that will
be done. I continue to think, Mr. President,
in this state where Lord knows the Governor,
Democrat or Republican, already has tons and
tons and tons of power, that we somehow, every
time we give him control over another agency
that was at one time part of the
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legislative/executive power-sharing, when we
cede even a tiny bit of that power over to the
Governor, I think we diminish our own role and
we run the potential that we'll never get that
power back.
So I think having this
organization, NYSTAR, report to the
Legislature is a good idea. Dr. Bessett has
assured me that he will report on an informal
basis. I know that Senator Bruno, this is his
stepchild, and that he will make sure that
those reports come. But I would just look to
that day when perhaps there's a different
Majority Leader, there's a different Governor:
We may no longer have the ability to get that
information, and we may, unfortunately,
diminish our own power.
Dr. Bessett, I will support your
nomination. I look forward to the day when
you come to Rochester and we'll entertain you
at High Technology of Rochester.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Dr. Russell
Bessett as Executive Director of the New York
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State Office of Science, Technology and
Academic Research. All in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is unanimously confirmed.
Dr. Bessett is with us today in the
gallery. He's accompanied by his wife,
Melissa.
Dr. Bessett, on behalf of the
Senate, we wish you well and good luck with
your important duties.
(Applause.)
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Education Committee at the desk. I ask that
it be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
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THE SECRETARY: Senator Kuhl,
from the Committee on Education, reports the
following bills:
Senate Print 2622, by Senator
Skelos, an act to amend the Education Law;
3590, by Senator Bonacic, an act to
amend the Education Law;
4650A, by Senator Farley, an act to
amend the Education Law;
5589, by Senator Marchi, an act to
amend the Education Law;
5725, by Senator Morahan, an act to
amend the Education Law;
6272, by Senator Meier, an act in
relation to adjusting certain state aid
payments;
6285, by Senator Bonacic, an act
authorizing the Delaware Valley Central School
District;
And 6297, by Senator Bonacic, an
act in relation to adjusting certain state aid
payments.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
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objection, all bills will go directly to Third
Reading.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
don't believe there's any housekeeping at the
desk.
ACTING PRESIDENT MEIER: That's
correct.
SENATOR SKELOS: And there being
no further business to come before the Senate,
I move we adjourn until Tuesday, February 1st,
at 11:00 a.m. sharp.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, February 1st, at 11:00 a.m.
(Whereupon, at 4:31 p.m., the
Senate adjourned.)