Regular Session - March 15, 2000
1305
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 15, 2000
11:12 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to rise and
repeat with me the Pledge of Allegiance to the
Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: 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 MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, March 14th, the Senate met pursuant
to adjournment. The Journal of Monday,
March 13th, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Senator Bruno.
SENATOR BRUNO: Mr. President,
1307
can we ask for an immediate meeting of the
Finance Committee in Room 332.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
Room 332.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator LaValle,
from the Committee on Higher Education,
reports:
Senate Print 2709A, by Senator
LaValle, an act to amend the Education Law;
4944, by Senator LaValle, an act to
amend the Education Law;
5253, by Senator Maltese, an act to
amend the Education Law;
5377, by Senator LaValle, an act to
amend the Education Law;
And 6453, by Senator LaValle, an
act to amend the Education Law.
All bills ordered direct to third
reading.
1308
ACTING PRESIDENT MEIER: Without
objection, all bills reported directly to
third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
I wish to call up Senator Wright's
bill, Calendar Number 393, Assembly Print
Number 9408.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
393, by Member of the Assembly Tonko, Assembly
Bill Number 9408, an act to amend the Public
Authorities Law.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which this Assembly bill was substituted
for Senator Wright's bill, Senate Print Number
6481, on 3/14.
ACTING PRESIDENT MEIER: Call the
1309
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I now move that Assembly Bill
Number 9408 be recommitted to the Committee on
Energy and Telecommunications and Senator
Wright's Senate bill be restored to the order
of the Third Reading Calendar.
ACTING PRESIDENT MEIER: The bill
is recommitted, and Senator Wright's bill will
be restored to the Third Reading Calendar.
SENATOR MARCELLINO: And, Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER:
Amendments received.
SENATOR MARCELLINO: Mr.
President, on page number 27 I offer the
following amendments to Calendar Number 410,
Senate Print Number 1962A, and I ask that said
bill retain its place on the Third Reading
Calendar.
1310
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MARCELLINO: Mr.
President, on behalf of Senator Skelos, on
page number 30 I offer the following
amendments to Calendar Number 437, Senate
Print Number 972, and I ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MARCELLINO: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President, I
believe that there is a privilege resolution
at the desk by Senator Goodman. I would ask
that the title be read and move for its
immediate adoption.
ACTING PRESIDENT MEIER: The
1311
Secretary will read.
THE SECRETARY: By Senator
Goodman, Legislative Resolution Number 3371,
memorializing Governor George E. Pataki to
declare Tuesday, March 21, 2000, as "Arts Day
in New York 2000."
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
SENATOR GOODMAN: Mr. President,
may I comment briefly on the resolution, if
you please.
ACTING PRESIDENT MEIER: Of
course. Senator Goodman.
SENATOR GOODMAN: Mr. President,
it has long been noted that the New York State
Senate has played a leadership role in the
matter of advancing the arts in New York
State.
And the resolution before us simply
once again reiterates our very enthusiastic
support for a day in which, symbolically, all
the supporters of the arts from the state of
New York gather here in the Capitol to present
their very strong support for the arts and for
1312
doing everything we can to emphasize two key
points about them.
The first is the obvious spiritual
and cultural enrichment which the arts of all
kinds provide in the state. The second is the
fact that the arts are a powerful economic
engine, which in totality, it's recently been
revealed, aggregate $14 billion of economic
support all around the state. Whether in
relation to the tourist industry or retail
sales, hotels, attendance, and all the rest of
it, we note that the arts constitute a major
economic engine which must be given every
future encouragement for the good of the state
as a whole.
I invite you warmly, ladies and
gentlemen, to attend on the morning of next
Tuesday a rally in Hearing Room A in which
there will be presentations made by both the
Senate arts leaders and the Assembly, and we
shall be distributing once again the revised
version of the Arts Handbook, which I commend
to all Senators and which I will be
distributing to your offices, which
constitutes really an encyclopedia of arts in
1313
the state, giving you insights into every
aspect of the state participation in the arts
and their great importance to all of us.
Thank you very much, Mr. President.
I hope that all within the sound of my voice,
both in the chamber and through the squawk
box, will make it a point to note in your
calendar 10:00 a.m. Tuesday, it will be March
the -- let's see precisely what it will be.
Tuesday, March the 14th, on which date we
shall report -- no, sorry, Tuesday, March
the -- I've got my April calendar in front of
my nose -- March the 21st, at which time we
shall warmly welcome you and be glad to join
arms with you in saluting the arts and in
seeking an increase in the appropriations
devoted to the arts in the coming year.
My colleague Senator Lack -- who is
co-chairman of the Senate Culture Committee -
and I invite you to this event and look
forward to seeing you at that time.
Thank you.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
1314
I'd like to rise just to make a note. And
Senator Roy Goodman stands and says that the
New York State Senate has been a leader in
support of the arts. Well, in actuality,
though there are many here who support the
efforts for the arts, there is no greater
champion in the state than Senator Roy
Goodman.
And he has played a personal role
in giving me an appreciation for the arts.
And in working with the Council for the
Humanities, as I sit on the board of directors
for that group and see the incredible talent
there that is the true resource for the State
of New York, I think that if it wasn't for the
efforts of Roy Goodman and my former employer,
Senator John Dunne, who's in the chamber with
us today, I would not have had the
appreciation for the arts.
It is incredibly important that we
continue New York State's commitment to
promote the arts and further this great
treasure that we all -- well, not only do we
enjoy today, but our children will enjoy
tomorrow.
1315
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Anyone in the
chamber that would like to be on this
resolution, Senator Goodman expressed that you
let the front desk know.
ACTING PRESIDENT MEIER: Senator
Bruno, should we follow our usual custom that
those who do not want to be on can notify the
desk?
SENATOR BRUNO: Thank you, Mr.
President, yes.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Can we at this
time take up the noncontroversial calendar,
1316
Mr. President.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
27, by Senator Balboni, Senate Print 853A, an
act to amend the Civil Rights Law, in relation
to confidentiality.
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
40, by Senator LaValle, Senate Print 2063, an
act to amend the Public Authorities Law, in
relation to the definition of technology.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
1317
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
70, by Senator Volker, Senate Print 3421, an
act to amend the Criminal Procedure Law, in
relation to pretrial motions.
SENATOR PADAVAN: Read the last
section.
THE SECRETARY: Section 7. 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
108, by Senator Farley, Senate Print 3554, an
act to amend the Banking Law, in relation to
1318
the voluntary and involuntary liquidation of
investment companies.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 17. 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
119, by Senator Wright, Senate Print 3900, an
act to amend the Public Service Law, in
relation to avoiding unnecessary delays.
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.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
1319
is passed.
THE SECRETARY: Calendar Number
207, by Senator Saland, Senate Print 2721, an
act to amend the Family Court Act, in relation
to procedures for the temporary removal of a
child with consent.
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, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
226, by Senator Bonacic, Senate Print 4139, an
act to amend the Public Housing Law, in
relation to the sale or lease of a housing
project.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
1320
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
284, by Senator Marcellino, Senate Print 4157,
an act to amend the Environmental Conservation
Law, in relation to the importation,
possession and sale of fish and wildlife taken
outside the state.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect January 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
323, by Senator Marchi, Senate Print 4622, an
1321
act to amend the Public Authorities Law and
the Environmental Conservation Law, in
relation to the Water Pollution Control
Revolving Fund Program.
ACTING PRESIDENT MEIER: Just
hold on a second.
Can we have some order in the
chamber, please.
The Secretary will 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, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
345, by Member of the Assembly Vitaliano,
Assembly Print Number 2845C, an act to amend
the Education Law and the Vehicle and Traffic
Law, in relation to prohibiting standing
passengers on school buses.
ACTING PRESIDENT MEIER: Read the
1322
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, 51. Nays,
2. Senators Meier and Wright recorded in the
negative. Also Senator Farley. Ayes, 50.
Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
352, by Senator DeFrancisco, Senate Print
4416A, an act to amend the Parks, Recreation,
and Historic Preservation Law and the Vehicle
and Traffic Law, in relation to the use of
police and emergency snowmobiles.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
SENATOR PADAVAN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
1323
Senator Bruno, that concludes the
reading of the noncontroversial calendar.
SENATOR BRUNO: Mr. President,
can we at this time take up the controversial
reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
352, by Senator DeFrancisco, Senate Print
4416A, an act to amend the Parks, Recreation
and Historic Preservation Law and the Vehicle
and Traffic Law.
SENATOR DeFRANCISCO: You would
like an explanation?
SENATOR PADAVAN: Maybe you can
just answer a brief question, Senator, if you
would.
SENATOR DeFRANCISCO: Okay.
SENATOR PADAVAN: Does the
Senator yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PADAVAN: Who designates
1324
the vehicle as an emergency snowmobile?
SENATOR DeFRANCISCO: It all
depends on the circumstances. For example, in
the case of a negligence case, a defense to a
claim of negligence -- in an assault case, for
example, there may be an emergency situation
that you get out of an area. And in order to
get out of that area, you may have to take the
type of steps that normally would be
considered assault.
So it's an emergency situation you
determine based on a case-by-case analysis.
SENATOR PADAVAN: If the Senator
would yield.
So it's the operator-owner of the
snowmobile?
SENATOR DeFRANCISCO: I'm sorry?
SENATOR PADAVAN: So, from what
you're telling me, if I'm correct, it is the
owner-operator of the snowmobile who makes a
judgment at that point in time that "I now am
riding an emergency vehicle"?
SENATOR DeFRANCISCO: No, if it's
an emergency situation.
SENATOR PADAVAN: Based on the
1325
situation, makes that judgment.
SENATOR DeFRANCISCO: That's
correct. Right.
SENATOR PADAVAN: So he can tear
through someone's farmland, back yard, or
whatever, and say "I'm on an emergency"?
SENATOR DeFRANCISCO: That's
correct. But -
SENATOR PADAVAN: Okay, that's
all I really needed.
SENATOR DeFRANCISCO: But if it
turns out that it's not an emergency, then
he's going to be liable, either under the
criminal trespass laws or for trespass
civilly.
SENATOR PADAVAN: Thank you,
Senator.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1326
1. Senator Padavan recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno, that completes the
reading of the controversial calendar.
SENATOR BRUNO: Mr. President,
can we return to reports of standing
committees. I believe there is a report from
the Finance Committee at the desk. I ask that
that be read at this time.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: By Senator Bruno,
Concurrent Resolution Number 3370, adopting a
budget resolution proposing amendments to the
2000-2001 Executive Budget submission.
ACTING PRESIDENT MEIER: On the
resolution. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
SENATOR CONNOR: Explanation,
please.
1327
ACTING PRESIDENT MEIER: Senator
Bruno, an -
(Laughter.)
SENATOR BRUNO: Well, it's nice
to know, Mr. President, that there are some
people alert in this chamber and ready to be
informed about this Senate Republican Majority
resolution to help start towards enacting an
on-time budget for the people of this state.
And that means by April 1st.
A key to what will be in this
resolution, and is in this resolution, is $1.9
billion in tax cuts; an EPIC program,
$125 million worth, to help seniors pay for
the cost of prescriptions and drugs, relief
for middle-income families, a huge boost to
education at every level, to reform state
borrowing practices and eliminate back-door
borrowing, to help improve the business
climate here in upstate New York and
throughout the state.
It includes aid to municipalities
and $2.5 billion for roads and bridges that we
will present to the voters of this state
primarily for a bond issue, a general
1328
obligation bond, front-door borrowing to help
finance roads and bridges.
What we're presenting here is truly
a blueprint to help New York State continue
the economic prosperity that we presently
enjoy, with businesses coming to New York
State, growing in New York State, with people
employed at the highest levels that we have
enjoyed in decades.
It's a responsible plan for
returning to taxpayers part of the $5 billion
surplus and reserves. And that reserve and
this surplus has been built on the platform of
the things that we have done together in this
chamber, with the other house, partnering with
the Governor of this state.
We return, in the very first year,
$515 million of this surplus to the taxpayers
of this state, who paid these taxes in the
first place to help us create the surplus. It
increases spending by a little under
$500 million over the Governor's budget
proposal that he submitted in January and
amended up till the middle of February.
We believe that this will represent
1329
the foundation for us to enact the conference
committees that we have all agreed will allow
us to discuss this budget in public so that
everyone can understand what we're advocating
for or against.
And we are asking the Assembly to
join us in debating this budget, in
negotiating this budget as soon as tomorrow.
If that's feasible, we would start with the
general committee tomorrow.
Now, with the tax cuts, I think
we've all known, because we have announced
some of this previously, we eliminate the
4 percent tax on gasoline and on diesel fuel
for passenger cars. That's about $300 million
worth. Abolishes the gross receipts tax on
utilities, $700 million worth. All of us know
that one of the great inhibitors to business
growth is the cost of power here in New York
State, which is considered to be among the
highest costs in all of the United States.
Very important.
In '87, in the previous
administration, we took away the
thousand-dollars-per-person personal exemption
1330
from the taxpayers of this state. We restore
that. And we think that's critically
important.
We expand the EPIC program to
double, double the seniors that would be
participating in that plan. We eliminate all
of the fees that have been proposed for water,
sportsmen, professionals, to the tune of about
$11 million.
Education. Again, we approach a
record for education, that's been a priority
of the Senate. And we have together, two
years in a row, set records in funding
education. This year we add up to
$875 million into education.
We have announced a College-Bound
Program. And the College-Bound Program, as
you all know, for the first time in this
country would allow people to deduct the full
cost of tuition anywhere in the United States,
any college of their choice, public or
private.
It also increases the TAP awards
from 4,150 max to 5,000, income levels from
50,000 to 80,000. We think that's critically
1331
important to help people increase their
education and benefit from their ability to
contribute greater and greater to our society.
TEACH, that we announced earlier.
We help attract teachers, we help retain
teachers, and it's a very comprehensive
program. But one of the really keys to it is
that you all know that teachers can retire in
this state at age 55. And when they retire,
they get their pension. And we create an
incentive for them to retire. One-quarter of
our teachers, 25 percent of them, are going to
be out of the system in five years.
We have a crisis. 11,000 teachers
are teaching in New York City that aren't
certified. We're suggesting and recommending
that we allow teachers at age 55, who are in
the prime of their life, to continue to teach
at full pay and set their pension aside in an
account so that that money will accumulate.
And, when they retire five years later, ten
years later, they get the benefit of the
increased pension amounts.
We also penalize teachers who come
in from Connecticut, New Jersey and
1332
surrounding states who want to teach in New
York. Some of them are very experienced -
they have 10, 12, 15 years in the system.
When they come to New York, they start over.
We are suggesting that when they
come to New York, they continue the pension
benefit. If they have 14 years, they start
their 15th year in New York. And again, the
objective is to get teachers here, to retain
the teachers.
There is an experienced Senior
Teacher Program that gives bonuses up to
$3,400 for teachers that get nationally
certified. There's $10,000 per teacher if
they will teach in districts where they're
desperately needed and we have trouble
attracting teachers.
And the program goes on. Those are
the highlights. We increase community college
aid, Bundy aid, and funding of the arts.
One of the things that we have
always passed in this chamber have been bills
that indicate that we will not pass unfunded
mandates. We've done that every year. In
this proposal, we do it again. And we
1333
indicate that we will not do unfunded
mandates. And for some of those that we have
already passed and it's past six months, we
protect the local taxpayer by providing relief
to counties, to cities, and to municipalities
at record levels.
And with transportation, there's a
proposal out there that puts $16.5 billion in
mass transit for a five-year plan which ceases
to exist at the end of this year. Everyone
knows that for the last years that anyone can
remember, we've always had parity with roads
and bridges and mass transit.
So we support the $16.5 billion,
and we ask for your support to take the 14.2
for roads and bridges in the Governor's budget
to 16.58. And for that $2.5 billion
difference, approximately, that that be what
goes to the taxpayers for their approval or
disapproval. And we're confident that the
people will recognize the importance of that.
We have a program in here that
talks -- New York Soars. It's money that goes
into airports throughout this state, 40
percent of it into New York City. Why?
1334
Because we all recognize that if a state is
going to be prosperous, you have to give
people the ability to get in and out of that
state reasonably, safely, and economically.
And some of our flights have been prohibitive
in some of the smaller airports.
So New York Soars puts about
$650 million into the system to help our
airports do what they need to do in capital
construction. And it offers a subsidy to
small airports where we will actually
subsidize the fares when an airline proves
that they can't afford to fly in and out of
some of our upstate communities.
$34.9 million is in this in
restoring CHIP funding for roads throughout
municipalities that are a direct cost to the
local taxpayers if we don't provide it.
In the summary, there's about 162
pages. All of you have a copy of this. That
summarizes about 1400 pages. Senator
Stafford, our Finance chair, the staff in
Finance, in the program offices, member
staffs, have worked diligently to condense
this in some way that all of us can absorb
1335
what's there. So I want to thank them here
publicly for having stayed up nights, weekends
to get us to where we are today.
And I am going to ask everyone in
this chamber, both sides of the aisle, to join
us for the first time in 15 years, starting
tomorrow, to get in an open public discussion
on our differences, if we have any, and get a
budget in place for the people of this state
by April 1st.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Connor.
SENATOR CONNOR: Thank you, Mr.
President.
Let me say at the outset there's
much in Senator Bruno's budget resolution that
we in the Minority like. And I also concur
with him that we should move the process.
We're under the gun, as they say, with respect
to the time here in getting to April 1st. So
since we're under the gun, we should move
forward rapidly.
Mr. President, the thing that we've
observed the most the last couple of years in
1336
the budget process and in the legislative
process is that ideas do count. And good
ideas brought forth by the Minority aren't
always adopted posthaste by the Majority. But
I have observed over the years that good ideas
that persist in being advanced somehow end up
coming to fruition.
So we particularly like the
Majority's EPIC proposal. It's something that
Senator Gentile sponsored in past budget
amendments over the years -- which were turned
down, but a good idea is irresistible.
We certainly like the Majority's
initiative on repealing the gross receipts
tax. But as we said last year, there's a
better way to do it -- in fact, it's the
Governor's proposal. And we will advance that
later in an amendment, because we did that
last year, and actually that approach was
included in the final budget.
We certainly are concerned with
respect to education. We will be offering
amendments that we feel better address the
educational needs of the state than does the
Majority's proposal.
1337
At the end of the day, this is a
process that has to move along. I certainly
wouldn't vote against this resolution, but I
do urge the Majority to pay careful attention
to our amendments, because as we've seen in
the past, it may provide some ideas for those
who are struggling in the Majority to come up
with something new.
So without really going into any
more detail, I think the first amendment we
have -- and I would like to yield to Senator
Dollinger.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President. I believe there's an amendment
at the desk. I'd waive its reading and ask
that it be considered by the house.
ACTING PRESIDENT MEIER: The
reading is waived, and you're now given the
opportunity to explain your amendment.
SENATOR DOLLINGER: Thank you,
Mr. President. This is the simplest
explanation you'll probably ever hear.
This repeals the marriage tax
1338
penalty in New York, creates fairness for
couples that are married that file jointly and
use a standard deduction. It's being done
everywhere. Catch the wave. It's being done
in Washington, by Republicans and Democrats
and the President; it's being done in Albany
by the Assembly.
Let's do it here. Let's make it
law and create tax fairness for married
couples. It's so long overdue. Here's our
chance.
I move the amendment, Mr.
President.
ACTING PRESIDENT MEIER: On the
amendment. All those in favor -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 21. Nays,
33. Party vote.
ACTING PRESIDENT MEIER: The
1339
amendment is defeated.
Senator Connor.
SENATOR CONNOR: Mr. President, I
have an amendment at the desk. I'd like to
call it up, waive its reading, and explain my
amendment.
ACTING PRESIDENT MEIER: Reading
of the amendment is waived, and you're now
recognized to explain your amendment.
SENATOR CONNOR: Thank you.
Let me point out to the Majority
something that I'm proud -- and I know Senator
Bruno rightly congratulated the staff in the
Majority, and I'd like to on the floor
congratulate the Minority Finance staff.
You know, we first saw your
proposal yesterday afternoon, as well as the
Assembly proposal, and our staff prepared a
comprehensive chart comparing the Governor,
the Assembly, and the Senate proposals on
virtually every issue. And a lot of people
stayed up all night to do that.
So this is a tool that will be
posted on our website, for the benefit of the
press and others who wish to really analyze
1340
what the differences are in the budget.
What? Oh, yes. And copies can be
obtained for a modest fee.
(Laughter.)
SENATOR CONNOR: Mr. President,
my amendment addresses school aid. And
fundamentally what it does is it provides $1.3
billion more than last year in school aid
money.
And let me address, first of all,
if anybody cares about avails, admittedly in
the revenue, consensus revenue forecasting, we
were low. Lo and behold, though, what we've
observed these past couple of weeks -- and
perhaps the Majorities are right, because
they're ready to spend the money, so it must
be there. Really, employment numbers are up;
that's good news. Revenues are rolling in.
So we're prepared to take this money and put
it where it belongs, in the future of the City
of New York, in education.
Now, there will be a later
amendment that addresses capital needs as well
as standards. Everybody's talking about
standards. No one's putting any money in to
1341
get us to standards. So that will be
addressed in a later amendment by Senator
Lachman.
But my amendment would basically
put -- provide for $1.3 billion more, similar
to the Assembly. 81 million more would go to
helping children meet higher standards,
smaller classes, universal pre-K. The LADDER
programs would get $287 million.
And one of the things we've done is
we've taken transitional aid, which is
somewhat controversial, and applied to it also
a wealth factor. So that we've done something
that I haven't seen anybody else do. We
actually, on this amendment, we have school
runs, district by district. And I can tell
you like what school districts, if our
amendment were adopted, how much more they
would get.
For example, if this amendment were
adopted, Yonkers would get another
$26,306,000. That would be good for Yonkers,
obviously. Westbury School District would get
$3,688,000. Riverhead, $2,214,000.
Levittown, $4,600,000. Freeport, $3,900,000.
1342
Rockville Centre would get $1,295,000.
Brentwood would get $15,526,000.
And on and on and on. We have it
district by district how much more money this
amendment would mean to those districts.
Mr. President, education is the
priority for New York. It ought to be.
Certainly the public has indicated the focus
is on education. It's time to put real money
up for education. The money is there. Let's
spend it. This amendment, while it comes out
at the same dollar figure as the Assembly, is
slightly different. But more importantly,
very importantly, different than the Assembly
because of the way we've dealt with the
transition aid formula to generate money for
these school districts.
And it will mean so much more for
the districts I indicated as well as many
others in here. I mean, I guess I could stand
here all day -- but I won't -- going through
how much more money it means for all the
districts that many of us in this house
represent.
So I urge, Mr. President, that this
1343
amendment be adopted. It means far more for
education, far more for school districts than
does the Majority proposal.
ACTING PRESIDENT MEIER: The
question is on the amendment.
Oh, sorry. Senator Oppenheimer.
SENATOR OPPENHEIMER: I just want
to tack on a little bit to what Marty has
said.
I've been looking very closely at
transition aid adjustments. And it was very
interesting, I looked at the head of the
Senate, Senator Bruno's districts. And
because of transition aid caps, Rensselaer is
losing over a million dollars; Troy, over 3½
million. In Saratoga, in Schuylerville, over
1½ million.
And these transition aid caps are
so arbitrary and unpredictable that it's very
hard for a school district to make any plans
for the future.
And I think in the long run we are
going to have to deal with the transition aid
caps. Because the Campaign for Fiscal Equity
that is now in the courts is going to make, I
1344
believe, certain demands on us. And I think
we have to focus our attention on the
transition aid caps.
Though I am concerned on the
transition aid ads, that they not be taken
away, because over half of our districts in
the state are now on save harmless and are
benefitting from the ads.
But we really have to look at those
caps. They're dangerous.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 21. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
1345
Senator Lachman.
SENATOR LACHMAN: Yes,
Mr. Chairman. I have an amendment which I'd
like to have the reading waived so I can speak
on it.
ACTING PRESIDENT MEIER: The
reading is waived, and you're recognized to
explain your amendment.
SENATOR LACHMAN: Okay. I
believe everybody in this chamber, whether we
come from suburban, urban, or rural areas of
New York State, realize the importance of
education. And I commend the Majority Leader
for taking an initiative in this area.
What I would like to do is make
certain that we set aside funds, in both a new
standards aid reserve fund and a new school
construction reserve fund, for the future.
This is very important. I don't believe it's
been done before.
Now, some of my colleagues in the
Education and Higher Education Committee have
been fearful that the new standards set by the
New York State Board of Regents are excellent,
but how are we going to meet them? How will
1346
children who have not lived up to the
standards that are anticipated for them, how
will they now meet them?
As many of my colleagues have told
me, there are no free lunches in our society.
We realize that. Therefore, we have to put
aside a reserve fund. And the Campaign for
Fiscal Equity has demanded that we put aside
these funds.
We have these funds. This is a
good economic year. So what my amendment
recommends is that we put aside $315 million
for this fiscal year in the new standards
reserve fund, which would come to $450 million
during a school year.
Standards is excellence, but
standards also means economic development in
the State of New York, through children who
can read, who can write, who can measure up to
excellence.
Now, also I believe that eventually
this fund should, in a few years, dovetail
with the Lottery. Now, the money from the
Lottery is dedicated to education. But we
really must identify where this money is
1347
coming from and where it's going to. And
eventually I hope that this reserve fund would
grow to $1.5 billion.
On the other amendment, we cannot
have buildings that are rotting, that are in
disrepair, that were built a hundred years
ago. We can't have children attending summer
school where the temperature is 120 degrees.
And with the simple act of this
amendment, which would increase the school
construction reserve fund by $500 million, we
will alleviate that problem and create even
greater excellence among the students of the
State of New York.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
THE SECRETARY: Ayes, 21. Nays,
1348
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Breslin.
SENATOR BRESLIN: Mr. President,
I believe there is a motion at the desk. I
would waive reading and request that I be
allowed to speak on the motion.
ACTING PRESIDENT MEIER: The
amendment is at the desk. The reading is
waived, and you're recognized to explain the
amendment.
SENATOR BRESLIN: Thank you, Mr.
President.
The motion takes nursing home care,
home health care, and personal care -- which
as you know, back in the early '80s, this
body, with the Assembly, reduced the local
share, the unfunded mandate share, to
10 percent. In the early '90s, we took
another step, reducing that share to
9 percent.
But that unfunded 9 percent still
remains as a burden to Albany County and the
remaining 61 counties. And we talk about
1349
unfunded mandates, but we should act on
unfunded mandates. The future viability,
economically, prosperity to our counties,
rests on these unfunded mandates. And we're
obligated to do away with them.
So I urge your support of this
amendment to take away that 9 percent and
allow the state to pick up that Medicaid
portion for nursing home care, personal care,
and home health care.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 21. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
1350
Senator Gentile.
SENATOR GENTILE: Mr. President,
I believe I have an amendment at the desk. I
ask that the reading be waived and you allow
me to explain it.
ACTING PRESIDENT MEIER: The
amendment is at the desk. The reading is
waived, and you're recognized to explain the
amendment.
SENATOR GENTILE: Thank you, Mr.
President.
Much like my fight to help New
Yorkers with covering prescription drug costs,
I've also been active in the fight for repeal
of the sales tax. So my amendment in this
resolution is what I call a family sales tax
package. And it does two things.
Particularly, in one, it eliminates
the sales tax on purchases of health, hygiene,
and safety items, because those items are not
luxuries, those items are necessities. And we
feel that those items should not be taxed:
Health items, like aspirin and pain relievers
and vitamins; hygiene items, particularly
feminine hygiene products; and safety items,
1351
like bicycle helmets. Those are the types of
things we want people to buy. We should not
tax people for those items.
Number two, my amendment would
eliminate, completely eliminate the sales tax
on clothing effective January 1, 2001. We
made a good move this year by allowing the
first $110 of purchases on clothing and
footwear to be exempt as of March 1st this
year. That's a good move. But it's not the
best move.
The best move is to fuel this
economy by eliminating the sales tax on
clothing and shoes completely, so that we can
create jobs in this state and fuel this
economy to keep it going.
I urge this chamber to be fair, to
be bold, and to be in the affirmative on this
motion.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
1352
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 21. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Stavisky.
SENATOR STAVISKY: Mr. President,
I have an amendment at the desk. I waive its
reading and I would like the opportunity to
explain it.
SENATOR PADAVAN: The amendment
is at the desk. The reading is waived, and
you're recognized to explain your amendment.
SENATOR STAVISKY: The Senate
Majority added $3 million for CUNY and
$10 million for SUNY in its -- for the faculty
lines in the proposed budget resolution. My
amendment will add an additional $16 million
over the $13 million that the Majority
resolution includes.
In the last five years, SUNY has
1353
lost over a thousand full-time faculty,
resulting in a full-time faculty percentage
approaching 60 percent. And CUNY, though, is
less than 50 percent. But it's in the
community colleges where there's an astounding
30 percent ratio of full-time faculty.
Full-time faculty are needed to
meet with students, to participate in college
activities, and so on. And the need for
full-time faculty, particularly at the
community college level, is urgent.
Secondly, the community college
advocates have asked for a $150-per-FTE line
for one year. My amendment -- the Senate has
included a $75 FTE, and my amendment would
include an additional $75 per FTE, phased in
over one year, so that the need for tuition
increases will be reduced, the program cuts
and the local tax increases to prevent the
diminishing state cost of tuition will be
reduced.
And I urge its adoption.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: I'd like to add
1354
a 30-second addendum to -- I wanted to say
Professor Stavisky -- to Senator Stavisky. It
is unconscionable that the teaching hospitals
of the State of New York have a $116 million
structural deficit. Whether it's Stony Brook,
whether it's Syracuse, whether it's Downstate
Medical Center in Brooklyn, this must be
eliminated.
And this amendment will eliminate
that this year. Thank you.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye. Opposed -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 21. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Dollinger.
1355
SENATOR DOLLINGER: Thank you,
Mr. President. I believe there's an amendment
at the desk. I'd waive its reading and ask to
be heard briefly.
ACTING PRESIDENT MEIER: The
amendment is at the desk. The reading is
waived, and you're recognized to explain.
SENATOR DOLLINGER: I didn't
think I could be briefer than I was on the
marriage tax penalty, but this is even easier.
This is the Governor's idea.
Repeal the franchise tax on gross receipts for
our utilities. Do it now. Don't wait till
2004. We've got the ability to do it now,
we've got the money to do it now.
The time has come to fulfill the
promise that we've made about repealing the
gross receipts tax. Why wait four years? Do
it now. We can do it now in this presidential
year before we elect the next president. It
seems now is the time to do it.
I urge the adoption of this
amendment.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
1356
favor signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 21. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Duane.
SENATOR DUANE: Thank you very
much, Mr. President.
I believe there's an amendment at
the desk.
ACTING PRESIDENT MEIER: Your
amendment is at the desk. Do you wish to
waive the reading?
SENATOR DUANE: I do.
ACTING PRESIDENT MEIER: The
reading is waived, and you're recognized to
explain.
SENATOR DUANE: Thank you very
1357
much.
The amendment that I'm putting
forward would restore $1.8 million for
community-based organizations and community
service programs which provide outreach, risk
reduction, case management, referrals,
training and other support services for people
providing services for people with AIDS and
people at risk of HIV.
Also a restoration of $1 million
for permanency planning. This is a very, very
sorely needed program. I can't imagine why it
is that this was eliminated. I don't think
anyone could ever deny that there's an
enormous need for permanency planning. And to
eliminate any funding for it is just a
tragedy.
Also, a million dollars for HIV
prevention and outreach to substance abusers.
This is also a restoration. I would hope that
this would make it so that no one has to be in
the same fix I am in terms of having HIV.
Also, a restoration of $1 million
for treatment compliance. We know, because of
our work in tuberculosis, that treatment
1358
compliance is critically important,
particularly with the complications -- the
complicated timing needed for drugs which keep
people alive who have AIDS. It's a $1 million
restoration, and obviously that's money that
we need. We actually need even more money
than that.
Also, I'm calling for new funding,
$1.4 million for nonmedical community-based
organizations. This particularly would
prevent infection of young people with HIV.
That's one of the most rapidly increasing
groups of people who are being infected with
HIV, young people. Let's try to not have
another generation of people who are infected
with HIV.
And, finally, $1.8 million for the
multiservice agencies who again do prevention
work and outreach work and provide services
for people with HIV.
And finally, because we're talking
about people at risk, while I know that the
Senate Majority put forward a million dollars
over the Governor's budget for the SNAP
program, the supplemental nutritional program
1359
for older people, advocates tell us that
nearly 75 percent of people who could use this
program are not getting access to it.
And I think it would behoove us to
put an additional $2 million into the budget
over the million dollars that the Senate
Majority has already suggested, and bring that
funding up to $19.2 million. That way we
could reach a part of that 75 percent of older
New Yorkers who are not getting the nutrition
that they need and providing for the quality
of life which I believe we owe them.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye. Opposed -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
1360
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Breslin.
SENATOR BRESLIN: Mr. President,
I believe there's a motion at the desk. I
would waive reading and request that I be
allowed to be heard on the motion.
ACTING PRESIDENT MEIER: The
amendment is at the desk. The reading is
waived, and you're recognized to explain it.
SENATOR BRESLIN: Mr. President,
briefly, this is a three-part motion.
The first part is to allow people
who are coming out of jails and mental
institutions to be presumptively eligible for
Medicaid. People are coming out and having a
strong inability to reapply; they fall through
the cracks. This is a cost-saving measure and
a measure that helps us in society.
The second part of the motion is to
allow a Medicaid buy-in for people with
disabilities. People with disabilities rely
strongly on their health insurance through
Medicaid. So they're really discouraged from
working. If they were allowed to work and
1361
paid into a buy-in to Medicaid on a graduated
level, it would put people on the tax rolls,
paying taxes, as paying citizens.
The third part of the motion deals
with Kendra's Law. Which, as you know, is the
assisted outpatient treatment law. We passed
that law, but by doing that, we passed on an
unfunded mandate to the counties. And that
unfunded mandate tells the counties that they
must pay the costs associated with Kendra's.
And it's up to us to say no again to another
unfunded mandate.
I request and urge each of you to
support this motion.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye. Opposed -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
1362
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Seabrook.
SENATOR SEABROOK: Yes, Mr.
President. I think there's an amendment at
the desk. I'd like to waive its reading and
be heard on this amendment.
ACTING PRESIDENT MEIER: Your
amendment is at the desk. The reading is
waived, and you're recognized to explain it.
SENATOR SEABROOK: Yes. This
program is the Community -- City University
Police Cadet Program. And the goal of the
City University Police Cadet Program is to
recruit a thousand qualified and trained
cadets for service in the New York City Police
Department.
The program combines formal
education and training with hands-on NYPD
internships. Those who graduate from the
program will be better equipped to serve as
police officers.
The CUNY Police Cadet Program is
designed to prepare candidates for the
1363
complexities of modern police work in an
ethnically diverse community. The program
combines college education, specialized
coursework in law enforcement, skills
development training, and supervised public
safety internship. CUNY represents the ethnic
and gender distribution of the city's
population.
The cost of this program is
$4 million. And this program has been a
tremendous success. It has not been funded,
but it should be funded. Perhaps we would not
have had situations of Amadou Diallo and
others who have actually had problems with the
Street Crime Unit and with the profiling that
takes place within police departments in the
City University and the City of New York.
There's a way in which we can solve this, by
better training and equipping our police
officers.
This program at John Jay College is
a tremendous asset, and it certainly will
serve to better the relationship with the New
York City Police Department and the
communities which it serves.
1364
Therefore, I would urge my
colleagues to vote for this amendment. It
would best serve the City of New York as well
as the NYPD.
ACTING PRESIDENT MEIER: Senator
Sampson.
SENATOR SAMPSON: At this point I
rise in support of Senator Seabrook's
amendment to restore $4 million to the cadet
program in the CUNY system.
We have a crisis in New York State,
and that is the relationship between our
communities and the police departments. And
this program in and of itself allows us to
recruit a thousand officers to enter a program
to not only receive a formal education, but
also a formal training from the New York
Police Department.
And what this better does is it
better prevents situations such as Abner
Louima, Diallo, Eleanor Bumpers, and Baez.
So I rise in support of the
restoration of the $4 million to the CUNY
cadet program.
Thank you.
1365
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Smith.
SENATOR SMITH: Mr. President, I
believe that there's an amendment at the desk.
I request that the reading of the amendment be
waived and I be permitted to explain my
amendment.
ACTING PRESIDENT MEIER: The
amendment is at the desk. The reading is
waived, and you're recognized to explain the
amendment.
SENATOR SMITH: Thank you, Mr.
1366
President.
Senator Seabrook has explained the
need for a program at CUNY, but the city of
New York is not the only place within our fair
state. Therefore, my request is that we add
$2 million to the DCJS budget which would
allow state police and municipal police, by
grants only, to implement programs of training
in ethnic diversity and other needs where
there is a diverse population.
So that those police officers in
places like Rochester and Buffalo will also
have the kinds of training that is necessary
to deal with people of all colors, races, and
religions.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye. Opposed -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
1367
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Stachowski.
SENATOR STACHOWSKI: Mr.
President, I believe I have an amendment at
the desk. I'd like to waive that reading, and
I'll explain the amendment.
ACTING PRESIDENT MEIER: The
amendment is at the desk. The reading is
waived, and you're recognized to explain it.
SENATOR STACHOWSKI: Basically,
this amendment would increase the size of the
bond act for the Bridge and Highway Trust Fund
Program. It's estimated by all the experts
that more than the amount in the bond act was
necessary to get our roads and bridges up to
speed and also finish any infrastructure
programs that are necessary to help with the
economic viability of New York State.
This amendment would take the bond
act from -- up to a $6 billion total, which we
believe is the necessary amount to accomplish
all the building of roads and bridges that are
1368
necessary in New York State.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye. Opposed -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President.
I believe there's an amendment at
the desk. I ask that its reading be waived,
and I wish to be heard on the amendment.
ACTING PRESIDENT MEIER: Your
amendment is at the desk. The reading is
waived, and you're recognized to explain it.
SENATOR HEVESI: Thank you.
1369
Mr. President, if we were so given
to naming amendments, this amendment would be
named the "Fiscal Equity for the City of New
York Amendment." It essentially has two
components.
In the first component, the City of
New York would receive an additional
$20,500,000 in funding that is in recognition
of the fact that the city is denied that exact
dollar amount in funding, in revenue-sharing
assistance. That is a direct consequence of
DHCR, the Department of Housing and Community
Renewal's inability to certify as reimbursable
money for which the city spends on
administration for provisions of the Rent
Regulation Law and the Emergency Tenants
Protection Act.
There's no real reason why the city
should be denied this funding. It is an
inequity which we must address, and we can do
it here today.
The second component of this
amendment is an issue that the Senate
Democratic Conference has been talking about
for many, many years. I have been heard on
1370
this issue countless numbers of times. This
part of the amendment would add an additional
$7.3 million in recognition of prior-year
school aid claims owed to the City of New
York, which would bring the total aggregate
amount provided in the Executive Budget, plus
what we're amending today, up to $27.8
million -- the amount at which, in the current
fiscal year that we are in, prior-year school
aid claims are funded.
This would go some way to
addressing the terrible injustice that has
been bestowed on the City of New York for many
years. But unfortunately, it wouldn't even go
far enough. This is essentially analogous
with only paying the minimum payment on your
credit card debt when you have thousands and
thousands of dollars in credit card debt. It
doesn't solve the problem.
We're going to attempt to solve the
problem in a more global way in the near
future. This is certainly a step in the right
direction, and I urge all of my colleagues to
support this amendment.
ACTING PRESIDENT MEIER: The
1371
question is on the amendment. All those in
favor signify by saying aye. Opposed, nay.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I believe there's an amendment
at the desk. I request that its reading be
waived so that I may be heard.
ACTING PRESIDENT MEIER: Your
amendment is at the desk. The reading is
waived, and you're recognized to explain the
amendment.
SENATOR SCHNEIDERMAN: Thank you
very much.
My amendment, to continue a theme
1372
set forth by my colleague Senator Hevesi,
relates to the inadequate treatment of New
York City and the suburbs in the state's
budget.
And I hope no one on the other side
of the aisle will be offended if I venture to
criticize the Governor. He portrays himself
as an environmentalist, but in fact what we've
got in New York State is an urban
environmental crisis, an urban environmental
crisis relating to our two most precious
resources, our water and our air.
This amendment would help us
protect the precious watershed that provides
drinking water for New York City and many
suburban communities. The entire budget for
the Inspector General, who has responsibility
for protecting our watershed, is $110,000. We
have one lawyer trying to protect tens of
thousands of acres. This amendment would add
$500,000 to that budget and make the Inspector
General's office a direct appropriation.
We also would seek to expand the
funds in the Environmental Protection Fund
available for urban projects, open space, to
1373
protect our air. Many of you know we have a
crisis of children with asthma in New York
City and in other urban areas. This is
something we have to address. The Governor
says he's an environmentalist. When it comes
to putting aside land in the Adirondacks, he's
been pretty good. But the closer we get to
the city, the worse he gets.
It's time to put an end to that.
This amendment will take a big step forward.
I urge everyone to vote yes.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye. Opposed, nay.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
1374
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I have an amendment at the desk,
and I would like to waive the reading of the
amendment for purposes of explaining it.
ACTING PRESIDENT MEIER: Your
amendment is at the desk. The reading is
waived, and you're recognized to explain the
amendment.
SENATOR MONTGOMERY: Thank you.
Mr. President, we often hear many
people quote this famous African proverb, that
"it takes a village to raise a child." So my
amendment will create the village that is
necessary in order to both protect our
children, give them a quality childcare
program, as well as make it possible for
parents to work and/or go to school.
My amendment simply does this. It
proposes that we put $20 million into the
Childcare Facilities Development Program for
the purpose of construction and
rehabilitation, so that we can actually in
fact increase the number of spaces available
for childcare.
1375
I would also urge my colleagues to
consider putting $100 million of the federal
temporary assistance to needy families surplus
fund -- that's the TANIF program funds -- to
provide more subsidy for families who are at
or below 250 percent of the federal poverty
level.
In addition, I would request
$4 million in additional funding for what we
consider the childcare resource and referral
agencies. Those are the agencies that are out
there in our various communities working with
family daycare providers and childcare
providers to help them meet the licensing
requirements, receive training, and to help
families identify where to place their
children. So that is a crucial missing piece
in our childcare program.
Additionally, I would like to see
$1 million for the restoration and enhancement
of caseworker training programs; $50 million
for a wage enhancement initiative. It means,
then, that we're no longer considering people
who work with children the lowest-paid people
in the state.
1376
And I would also request, finally,
that we put $2.5 million in our SUNY and CUNY
childcare programs.
This, Mr. President, is a
well-thought-out, well-rounded, comprehensive
approach to providing childcare for children
and working parents. Thank you. I hope that
we will all vote yes on this amendment. It's
very important.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Stachowski.
1377
SENATOR STACHOWSKI: Mr.
President, I believe I have an amendment at
the desk. Could I waive the reading of the
amendment and give a brief explanation?
ACTING PRESIDENT MEIER: The
amendment is at the desk. The reading is
waived, and you're recognized to explain the
amendment.
SENATOR STACHOWSKI: This
amendment merely eliminates the motor fuels
tax throughout the summer tourist season, from
Memorial Day to Labor Day. And it also
provides that the State General Fund shall
reimburse the Dedicated Highway and Bridge
Trust Fund, the Emergency Highway
Reconditioning and Preservation Fund, and the
Emergency Highway Construction and
Reconstruction Fund for loss of revenues
during this period.
I hope everyone can support this
amendment.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I can't think of a better idea than the one
1378
Senator Stachowski just raised to eliminate
the motor fuels tax, particularly at this time
in our state's development. And so I stand up
to proudly support it.
And I notice that we've had 15
previous amendments, and they all lost. And
so like any legislator that wants to feel a
part of things, I thought that maybe I could
make a difference. Maybe on the 16th
amendment, we might pass this amendment.
Now, I come to this occasion having
lost, as Senator Connor's deputy, over 90
amendments in my time. But Senator Connor, I
think, displayed wisdom by allowing me to sit
here every day, because I can handle it. I
attended Columbia University. We set the NCAA
record for losing 43 straight college football
games. Even the year that I was installed as
quarterback, we lost every game.
(Laughter.)
SENATOR PATERSON: And the fact
is that behind all of the mirth and frivolity,
the point is that we played.
We in the Minority believe in the
process. We had ideas, ideas that in the past
1379
we have seen come to fruition with others'
names on it, sometimes as if we never even
participated in the process. And I think
personally perhaps a few people felt a little
dissuaded.
But the fact is that these are
ideas that help to change government. These
are ideas that we actually needed.
So I'm actually here to help the
Majority, particularly the Majority Leader,
Senator Bruno. I don't know if you know this,
Senator Bruno, but I am an angel. And I'm
here to help you fulfill your own prophesy of
inclusion and the curriculum that gives
opportunity and ideas to people who may be in
the Minority but come every day, work hard,
and want to be a part of things.
So I think on this last motion, one
that would eliminate the fuel taxes that
Senator Stachowski described, the motor fuels
taxes, this is an opportunity to show what a
cooperative body this is.
So I support Senator Stachowski's
motion. I support all the motions that we
heard today. I think it occurs when a group
1380
of legislators -- in this case, 14 have
spoken -- possess new ideas. And we come from
neighborhoods around this state, from Buffalo
to Brooklyn, that need them.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye. Opposed, nay.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
For the purpose of closing, Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President. Thank you, colleagues.
I want to really thank the Minority
for having proposed the 16 amendments, and
many of them very well thought out. And many
1381
of them I'm sure we will -- when properly
discussed, reviewed, dealt with, will appear
on the floor. And you can then take full
credit. Just as we now take full credit for
what you're about to approve.
I want to just caution you, because
while many of your proposals truly are very
meritorious -- we're cognizant of that. But I
have to think about $6 billion bond issue. Do
we need it? Sure. $3 billion, calculating
what you've just proposed, increase in the
General Fund.
What comes to my mind is what I
used to see in the commercials all the time:
Where's the beef? Where does the money come
from? We in the Majority can add, I guarantee
you without even leaving the chamber, another
6½ billion dollars to your very well thought
out proposals.
What we love to do is spend money.
Why? Because we make life better. In
education, higher ed, health care, roads and
bridges, mass transit, we all love to spend
money. We join you in that.
But we are in the Majority. We
1382
have to have some responsibility. We have to
make the tough decisions. And that's why the
people of this state put us here, that's why
they will keep us here, and that's why we will
continue to negotiate and debate and welcome
your input. Because I truly believe that when
we hear and we debate and we discuss, we end
up with a better product.
And when we do our budget by
April 1, we will have a better product.
Because many of the things that you've talked
about will be incorporated. So we welcome the
debate. We look forward to working together.
And we look forward to an on-time
budget if you can get your colleagues in the
Assembly that are in the Majority to recognize
that what got this state in trouble six years
ago, when we in this chamber had to deal with
a $5 billion deficit, was overspending. We've
recited the numbers. In the previous
administration, if spending had gone up only
the inflation rate, we would have ended up 12
years later with a $15-plus billion surplus
instead of a $5 billion deficit.
So the word of caution to all of us
1383
is that we contain our enthusiasm for spending
because the policies that are in place with
this Governor, with we partnering with him,
have created the largest surplus in the
history of this state. We want to make sure
next year we're saying the same thing and the
year after we're saying the same thing.
So thank you for the thoughts, the
ideas, and the further discussion, and we look
forward to continuing that through the budget
process and concluding by April 1st.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
The Secretary will record the
negatives and announce the results.
THE SECRETARY: Ayes, 54. Nays,
3. Senators Dollinger, Duane, and
Schneiderman recorded in the negative.
ACTING PRESIDENT MEIER: The
resolution is adopted.
1384
Senator Bruno.
SENATOR BRUNO: Mr. President, is
there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes, we
have a motion, Senator Bruno.
Senator Nozzolio.
SENATOR NOZZOLIO: Mr. President,
on page 10 I offer the following amendments to
Calendar Number 131, on behalf of Senator
Maziarz.
ACTING PRESIDENT MEIER: The
amendment are received.
Senator Bruno.
SENATOR BRUNO: Mr. President,
I'd like to announce that there will be an
immediate meeting of the Republican Conference
in Room 332 after session, after session
concludes.
And for purposes of further
business on the floor, I would ask you to
recognize Senator Schneiderman.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Senator Bruno.
1385
Mr. President, there is a motion at
the desk. I ask that its reading be waived
and that I be heard on the motion to
discharge.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senate Print
6253A, by Senator Schneiderman, an act to
amend the Public Health Law, in relation to
emergency contraception in cases of rape.
ACTING PRESIDENT MEIER: The
motion is at the desk. The reading is waived,
and you're recognized to explain.
SENATOR SCHNEIDERMAN: Thank you.
I am sorry that I have to be here
moving to discharge this legislation to the
floor, because this is something that the New
York State Department of Health could have and
should have dealt with, in my view. And it
relates to a disgraceful situation in the
hospitals of the state of New York.
Unfortunately, we had to wait for a
private public-interest organization to come
forward and expose this situation last
November. The New York NARAL issued a report
1386
relating to the treatment of rape survivors by
the emergency rooms in the hospitals of the
state of New York.
For 20-plus years, we have had
available emergency contraception that can
prevent pregnancy if you are a rape survivor.
It has been provided in many hospital
emergency rooms for a long time, part of the
accepted protocols of the best hospitals.
Astonishingly, NARAL's report last
November revealed that 54 percent of the
hospital emergency rooms in this state do not
even make available emergency contraception to
rape survivors.
The State Health Department, when
we tried to reach out to them, refused to
change its policy to require this, and that's
why we're here today with legislation. There
is a bill in the Assembly that will pass, and
I urge that we take action to deal with this.
Emergency contraception is not
something that produces an abortion. It
prevents conception. It's something that is
acceptable even in Catholic hospitals. There
is no reason other than neglect and the
1387
failure of public policy for the State
Department of Health to fail to take action on
this. There is no reason for us as a
Legislature to fail to take action on this.
Taken within 24 hours, emergency
contraception is almost 95 percent effective.
After that, its effectiveness declines every
hour. The state's policy right now is to
inform rape survivors that they can go
somewhere else and get emergency
contraception. That's not acceptable. That's
not reasonable.
And all -- those of you in this
house who are opposed to abortions, who want
to reduce the number of abortions, I urge you
that if you vote against this bill, you are
increasing the number of abortions in this
state. You are essentially forcing rape
survivors to get pregnant against their will,
and many of those people will have to have
abortions.
This is a disgraceful situation. I
urge that this motion be passed, this bill be
brought to the floor, and this situation be
remedied. And I urge bipartisan support for
1388
this important issue.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I believe that Senator Schneiderman made a
point in his discussion that deserves to be
stated and restated. The fact is that a
majority of those who would describe
themselves as pro-life, in that they oppose a
woman's right to choose in these type of
situations, still make an exception for cases
of incest and in the cases of rape survivors.
That being the case, it would seem
as if it would ease the burden for all
concerned and reduce the number of abortions
in this state if we mandated that these
policies are carried out by our hospitals
around the state.
It's appalling that our Department
of Health has not seen fit to make an
immediate change after being given this
information by NARAL. It's not only
appalling, but it's disturbing and certainly
piques my curiosity as to why such action
wouldn't be taken.
1389
Well, Senator Schneiderman is
taking action in this chamber today, and he's
using what some might term a procedural
motion. Of course it's a procedural motion,
because it's listed in the rules of the
Senate. It's a procedure. It is a way to get
this piece of legislation right out and vote
on it right now. Opposing it is tantamount to
opposing the bill. It's not opposing a
motion. This is what the motion is for, to
make that change.
So I couldn't urge my colleagues
any more, lest the situation visit all of us
personally or in our families, that we can
speak right now by voting to sustain Senator
Schneiderman's motion to discharge this
legislation.
ACTING PRESIDENT MEIER: The
question is on the motion to discharge. All
those -
I'm sorry, Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I just want to rise to support
Senator Schneiderman's bill, his motion to
discharge a bill.
1390
And let me just say that I'm only
sorry that we're not in fact discussing a bill
that would allow women in this state access to
RU 486. That might really prevent us from
having these annual rituals of this
disgraceful discussion about whether or not
women should have a choice for determining
what happens to their own lives and bodies.
However, short of that, Senator
Schneiderman is proposing that we at least
provide women access to this important
contraception which would help to relieve at
least some of the crisis around a person who
has been raped.
And so, Senator Schneiderman, I
support this and I certainly hope that all of
my colleagues would support this humane
legislation, or your attempt to get the
legislation on the floor.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the motion. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
1391
nay.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
motion is defeated.
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President. I believe there's a motion to
discharge at the desk. I'd ask that I waive
its reading and be heard on the motion.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Dollinger, Senate Bill Number 6771, an act to
amend the Executive Law, in relation to
enacting the safe-burning cigarette act.
ACTING PRESIDENT MEIER: Reading
is waived, and you're recognized to explain.
1392
SENATOR DOLLINGER: Thank you,
Mr. President.
This is an opportunity to stop a
killer. This is an opportunity to stop a
product that kills people. This is an
opportunity right now to do something that
we've needed to do for the better part of 13
years.
For some reason, we in this nation
and in this state have unconscionably allowed
cigarettes to not only kill people over a
longer term, as I believe they do, but we've
allowed them to kill people in horrible ways,
by being the major cause of fires in this
state.
This bill would create a standard
for safe-burning cigarettes in this state and
in essence say that if you fail to puff the
cigarette, if you weren't smoking it, it would
extinguish itself. And as a consequence, the
following things would never have happened.
On February 28th, in Ossining, 76-year-old
Agnes Morris was burned to death in her
apartment when a cigarette ignited her
clothing. On the same day in Yonkers,
1393
Lieutenant Barry Stetchers was injured trying
to put out a cigarette fire. The day before,
in Woodbury, an 83-year-old named Pauline
Sayers was in critical condition after being
rescued from a cigarette fire initiated by one
of her careless neighbors. On the 22nd of
February, Maria Martinez, a wheelchair-bound
63-year-old, died when she was burned to death
by a cigarette. And then on January 31st, the
famous author -- lived down the hall from my
father at Cornell in the late 1930s -- Kurt
Vonnegut sustained critical burns as a result
of a cigarette igniting the study in his
Manhattan apartment.
You want to see the litany of
people that are dying in cigarette fires?
It's right here. I'd be glad to give it to
anyone. It's a list of tragedies, all of
which could be prevented.
In 1987, the National Institute of
Science and Technology said that there is
technology available to build a safe
cigarette. They can change the density of the
tobacco, they can change the porosity of the
paper, and they can build a cigarette that
1394
functions in a manner that it goes out if you
don't puff it. And therefore, it's not going
to be left on someone's couch or fall on
someone's clothing when they fall asleep, and
they're not going to die in a fire that could
be easily preventable.
And I would suggest to everybody in
this chamber, look at the list of people who
support this act. And the list is enormous,
from volunteer fire companies across this
state who are sick and tired of putting their
members' lives in jeopardy to go into the
homes of careless smokers, to fire companies,
professional fire companies, to public
interest groups. They're all on one side of
the ledger.
There is only one name on the other
side: some obscure Virginian named Philip
Morris who opposes this bill. Why should
Philip Morris stand in the way of doing the
right thing for the people of our state and
protecting them from the greatest cause of
fire deaths in this state?
There are seven members of the
Majority who are on a bill that Senator
1395
Padavan has in the house which is identical,
virtually identical to this bill. This is the
right thing to do. Now is the right time to
do it.
And I'm going to take one final
point of personal privilege. We've named lots
of bills after lots of people in this house.
Well, I'm going to name this bill after Kurt
Vonnegut's character that appears in all of
his novels. This is Kilgore Trout's Law.
And it's about time that we stood
up and said that we're going to pass a law
that's going to protect everyone in this state
from unsafe cigarettes. Here's your chance.
Stand up and be counted. Say to the people of
this state that we stand to protect them from
unsafe cigarettes. Pass the Trout Law.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. I rise to support Senator
Dollinger in his quest to enact this amendment
and protect people in New York State.
Before I was elected to the New
York State Senate, I served as director of
1396
management analysis in the office of the
Queens borough president, where one of my
responsibilities was to serve as the liaison
to the New York City Fire Department.
So let me just share with you one
brief sentiment or statement that I believe is
particularly germane, and may come as a
surprise to some people in this chamber.
Civilian fire deaths are entirely preventable.
Not sometimes -- not 60 percent of the time or
70 percent or 80 or 90 or 95 or 98 percent -
100 percent of the time, no one ever has to
die in a fire. Period.
And this is commonsense
legislation. It's really a travesty that we
have not seen the enactment of this
legislation in New York State. And, frankly,
I believe this should be done at a federal
level so that every state has the protection
that we're trying to afford to citizens here
in New York State.
But I also want to take this
opportunity, on the same subject, to address a
problem that -- and I'm not really speculating
here. I can say with some confidence,
1397
somebody's going to die in the state of New
York in a residential dorm in a college or
university in this state, because it was
revealed recently at the joint fiscal
committees' hearings that at least 25 percent
of SUNY residential dorms are not equipped
with automatic sprinkler systems. I don't
even know what percentage of dorms at private
universities throughout New York State are not
sprinkler-equipped.
But let me tell everyone in this
chamber something. There has never, in the
history of this country, been a multiple fire
fatality in any facility that has been fully
automatically sprinkler-equipped, ever. No
multiple deaths. There have been single
deaths, but no multiple deaths ever. Ever.
What does it mean? It means that
if in Seton Hall early in January there had
been sprinklers in those dorm rooms, those
students would not have been killed, those
three students. And I believe it was five or
six others who were critically injured, both
with burns and smoke inhalation, casualties.
This is something that is
1398
completely preventable. And I know that
Senator LaValle has two pieces of legislation
in right now to try and address this issue.
I believe that this is a
responsibility of the taxpayers of New York
State to foot the bill, not only for CUNY and
SUNY dormitories, because there is one
residential dorm at CUNY, but for all of the
private universities. And I know this is
brutally expensive. This is hundreds of
millions of dollars we're talking about.
But as sure as we are all here in
this chamber today, if we don't do this,
someone's going to die in a residential dorm,
and they don't have to. Because if there is a
sprinkler in that dorm, they won't die. In
very much the same way that if we educate
people better on a whole series of subjects,
we can prevent deterioration of their quality
of life or on fire safety issues.
I'll give you another example, just
for the edification of everybody right here.
If you are able to, in a fire -- let's say
there was a fire in this chamber. If you were
able to exit through one of the doors, the
1399
simple act of closing the door decreases the
spread of that fire exponentially, thereby
saving other people's lives.
If you have it in people's heads,
as we have indoctrinated young children with
the "stop, drop and roll" concept, to just
close the door after you exit from a fire,
you're going to save people's lives. Not just
the people who didn't know that or the people
living next door in the building or what have
you, but firefighters.
And every single year, with
frightening regularity, firefighters across
this country die. And they die as a
consequence of fires, almost all of which are
completely preventable. Almost all of them.
Three New York City firefighters
died in a fire in Brooklyn last year. They
didn't have to die in that fire. And it was
exposed, in the investigation subsequent to
that, that had a door been closed, it would
have prevented the rapid expansion of the
fire, to the point where these heroic
individuals, putting their lives on the line,
all died. When a backdraft blew down the
1400
hallway, they lost their bearings, couldn't
find the exits, and burned to death. Happened
in about 30 seconds.
So we want to prevent not only
people who are smoking in bed, who shouldn't
be doing that in the first place, but we want
to protect them with Senator Dollinger's
legislation.
And in doing that, we will also
protect every single professional and
volunteer firefighter in New York State who's
got to deal with the consequences of
cigarettes, where we have the technology now
to stop them from burning when you're no
longer taking drags on them -- from burning,
igniting the bed, and causing, in 4 or 5 or 6
minutes -- as is the response time in New York
City, or even longer in some of the suburban
and upstate areas -- firefighters who are
responding to a conflagration where now they
have a responsibility to go into that
building, putting their lives in jeopardy, and
they die as a result.
Firefighters will be saved as a
consequence of Senator Dollinger's amendment.
1401
How can we not support this? It's criminal
not to support it. It's criminal.
So, Mr. President, I urge all of my
colleagues, for once let's put the
partisanship aside. Pass Senator Padavan's
legislation; we don't care. We're relegated
to that role. We understand that, as
Democrats, the way the rules are set up here,
we need to propose legislation that never
passes with the sponsorship of the original
person who had the idea. But those ideas can
be coopted for the benefit of the people of
New York State. We're okay with that.
The Majority has done that
countless times this year. It appears that we
may be seeing that on gun control, with
Governor's Pataki's sudden revelation on the
issue. That's fine. Because at the end of
the day, we're going to have policy that
protects people's lives. Here's one of those
policies.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Just by way of
1402
correction, Senator Hevesi, this bill began in
collaboration with a member of the Assembly by
the name of Grannis, and a member of this
house by the name of Padavan. That's where it
started, a number of years ago.
And I share everything you have
said here about the efficacy and the
importance of this legislation. But I don't
think it serves any useful purpose to try and
impugn the fact that on occasion we do have a
good idea in the Majority, which is what you
just said. Was not the case, hopefully.
In any event, I'm convinced that
before this session ends in the
not-too-distant future, based on more recent
reports that we've received from not only fire
officer organizations but other reliable
entities that deal with fire safety in
general, which indicates -- just the other
day, a report came out that cigarette smoking,
smoldering cigarettes is the leading cause of
death when fires occur.
As that information comes out, as
more people become aware of it, I think we
will have an excellent chance of passing this
1403
legislation in an appropriate, meaningful way.
And we have been in constant contact with our
Assembly counterpart in developing memoranda,
public meetings, public awareness. We're
doing all the things that appropriately should
be done.
Regrettably, a motion to discharge
is procedural, in that we're not moving this
bill in the proper way. And at the right
time, I feel we will be. And on that
occasion, certainly we would welcome all your
support.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Mr. President, I
would like to apologize to Senator Padavan.
In my comments earlier, I failed to recognize
properly that Senator Padavan is the sponsor
of this legislation. And if my comments
seemed to imply that the idea for this
legislation was a Democratic idea, I
apologize. That wasn't my intention.
My intention was to obviate the
situation whereby, if a Democrat is
championing an idea, that that idea will never
1404
see the light of day in this house.
So, Senator Padavan, I certainly
appreciate and commend your advocacy on this
issue and hope that with the vigor I have seen
you champion other issues, that you continue
to advocate for this particular issue and, as
a consequence, we will see it enacted and made
the law of the land.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, I just want to respond to Senator
Padavan too.
I know and am well aware of Senator
Padavan having carried, although not this
particular bill, which has my name on it, but
certainly an almost identical measure which
accomplishes the same goal.
And all I want to recognize is, Mr.
President, I hope by this motion today the
message that we give to Senator Padavan, and
discussions that he may have both with his
Assembly colleagues or other colleagues in the
Republican Conference, is that there are at
least 23 today and I hope by the end of this
1405
month there will be 25 members of the
conference who stand with you to support what
is the right idea.
This is the right idea, the right
thing to do. I know that there have been
discussions in the past about whether it could
be done. It appears we are now over that
hurdle.
And I would just strongly suggest
to Senator Padavan and his colleagues in the
Republican Conference that this is something,
when Senator Padavan comes into the conference
and says "We ought to do it this year,"
Senator Padavan, don't be afraid to say that
there are 25 Democrats who stand with you,
because this is the right thing to do this
year.
ACTING PRESIDENT MEIER: The
question is on the motion. All those in favor
signify by saying aye. Opposed, nay.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT MEIER: The
1406
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
motion is defeated.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I believe that there is a
motion at the desk. I request that the
reading be waived so that I may be heard.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Schneiderman, Senate Bill Number 6773, an act
to amend the Insurance Law.
ACTING PRESIDENT MEIER: The
reading is waived, and you're recognized to
explain the motion.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
This is a motion to discharge a
bill. And if I may say so, based on this
discussion today, I hope we're looking at a
trifecta. I have reason to believe that the
1407
emergency-contraception-for-rape-victims bill
may have found a distinguished sponsor and we
may actually get it passed this year. I'm
encouraged by Senator Padavan's comments about
the safe cigarettes bill.
The motion that I'm bringing now is
to move to the floor a bill that will do a lot
to eliminate the systematic discrimination
against the women of the state of New York by
our insurance industry.
And, very simply, it requires that
insurance plans make contraception coverage
available to all people who enroll in those
plans. 97 percent of the traditional
insurance plans in New York include
prescription medication, but 70 percent of
those plans do not include the reversible
methods of birth control.
We cover Viagra; we won't cover
birth control. We voted earlier this session
to mandate coverage for fertility, but we
won't cover birth control. And I assure you
that if men had to take oral contraceptives,
this would have been covered a long time ago.
This is just discrimination.
1408
Birth control is the best way to
meet the objective of keeping abortion safe,
legal and rare. It is a way to ensure
healthier babies, because planned-for babies
are healthier. And more than that, it really
is a fundamental element of personal freedom
to be able to choose when you're going to have
a child.
We can take action on this. I know
there are some members of the Majority who
have signed on to the Omnibus Women's Health
and Wellness Act, which includes coverage for
contraception. It is critical that that
piece -- Senator Bonacic, I believe, is the
lead sponsor of it. It is critical that this
element not fall out of that bill as
negotiations go forward.
Let's make it a trifecta today.
Let's do something to end this bias against
women and a second, more insidious bias which
many people I don't think are aware of.
Insurance in New York State discriminates and
favors surgical rather than nonsurgical means
of birth control. More insurance -- I think 9
out of 10 insurers cover sterilization.
1409
Two-thirds cover abortion. Very few cover
birth control.
It's time to end this. It's time
to get the cheapest, safest means of birth
control into the hands of the women who pay
for it every month and resent the hell out of
a male-dominated house standing in their way.
Let's do something to do it. Let's
make this a trifecta. I'm sure we have some
distinguished Republican sponsors willing to
step up to the plate and provide birth control
for the women of the state of New York and
mandate that our insurance industry stop this
discrimination.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
once again, an excellent idea whose time has
come but will not see its way to fruition, at
least today in this particular house, under
the guise that the motion for discharge that
we are bringing would not be proper.
The fact is that I would not want
to say that our foreparents who established
1410
our State Constitution and provided for the
original rules of both houses would have acted
with such impropriety. It is not fair to say
that it is not proper when what you really
want to say is you don't want to do it.
So the fact is that people can do
or not do what they want to do, but I think
that we should firmly establish that these
motions are all very much within the rules.
And in a real democracy where we weighed ideas
and opinions rather than structure and
function, we would actually pass them.
Now, based on the considerable
opposition that I don't understand why I'm
getting in this chamber today, I'm also
tempted to vote this conference as a party
vote in the negative, just to see what would
happen. Maybe that might get the bill on the
floor. But we will party vote in the
affirmative.
SENATOR SKELOS: Party vote in
the negative.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, thank
1411
you, Mr. President. Just briefly.
You know, women pay more for
everything. It just costs us more to live on
a par with men in every single way, and most
especially as it relates to health care. And
for me to hear and understand that an
insurance company would dare to cover Viagra
for men and not -- and not -- cover
contraception for women, to me is simply an
outrage. And it just is one more indication
that women are still viewed as second-class
citizens.
So let's please consider this
proposal that Senator Schneiderman has before
us as an urgent, urgent issue for all of us to
address, that we will no longer allow
insurance companies to discriminate against
women simply because of their sex.
Thank you.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
1412
the negative.
THE SECRETARY: Ayes, 22. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
motion is defeated.
Senator Skelos.
SENATOR SKELOS: Mr. President,
just a reminder that there will be a Majority
conference following session.
And there being no further business
to come before the Senate, I move we adjourn
until Monday, March 20th, at 3:00 p.m.,
intervening days being legislative days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, March 20, at 3:00 p.m. Intervening
days will be legislative days.
(Whereupon, at 1:00 p.m., the
Senate adjourned.)