Regular Session - April 30, 2003
2169
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 30, 2003
3:10 p.m.
REGULAR SESSION
SENATOR THOMAS P. MORAHAN, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MORAHAN: The
Senate will come to order.
I ask everyone to rise and repeat
with me the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MORAHAN: Today
our invocation will be given by the Reverend
Peter G. Young of the Blessed Sacrament Church
of Bolton Landing.
Reverend.
REVEREND YOUNG: Thank you,
Senator.
Let us pray.
When we meet in session, sometimes
we stop listening and use our own
communication skills to advocate for owning
our constituents' agenda. God, You want us to
communicate with respect and care to each
other and to every Senator in this chamber, so
we might show our New York State citizens and
constituents our example of togetherness for
the common good of New York State.
Help us to have open ears and
2171
hospitable minds as we listen, share and build
community instead of disunity for New York
State citizens. We ask You this in Your name
now and forever.
Amen.
ACTING PRESIDENT MORAHAN:
Reading of the Journal.
THE SECRETARY: In Senate,
Tuesday, April 29, the Senate met pursuant to
adjournment. The Journal of Monday, April 28,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MORAHAN:
Without objection, the Journal stands approved
as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
2172
President.
On page number 31 I offer the
following amendments to Calendar Number 462,
Senate Print Number 3827, and ask that said
bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received and adopted, and the
bill will remain in its present position on
the calendar.
SENATOR McGEE: Thank you, Mr.
President.
Mr. President, on behalf of
Senator Volker, please place a sponsor's star
on Calendar Number 111.
ACTING PRESIDENT MORAHAN: The
bill will be starred.
SENATOR McGEE: Thank you, Mr.
President.
And, Mr. President, I move that the
following bills be discharged from their
respective committees and be recommitted with
instructions to strike the enacting clause:
Bill Number 2102, on behalf of
Senator Marcellino.
2173
ACTING PRESIDENT MORAHAN: So
ordered.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MORAHAN:
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
On behalf of Senator Seward, I wish
to call up his bill, Senate Print 3467, which
was returned from the Assembly, which is now
at the desk, if the Secretary will read it.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
348, by Senator Seward, Senate Print 3467, an
act to amend the Insurance Law and others.
SENATOR FARLEY: Mr. President, I
now move that the Senate not concur in said
amendments and move to reconsider the vote by
which this bill was passed.
ACTING PRESIDENT MORAHAN: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 53.
SENATOR FARLEY: The bill is now
on third reading. Mr. President, I further
move that this bill be recommitted to the
Committee on Insurance.
ACTING PRESIDENT MORAHAN: So
ordered.
Senator Brown.
SENATOR BROWN: Thank you, Mr.
President.
On behalf of Senator Lachman, I
move that the following bill, Senate Print
4655, be discharged from its respective
committee and be recommitted with instructions
to strike the enacting clause.
ACTING PRESIDENT MORAHAN: So
ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MORAHAN: Yes,
there is.
SENATOR SKELOS: I ask that they
be made at this time.
ACTING PRESIDENT MORAHAN: The
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Secretary will read.
THE SECRETARY: On page 4,
Senator Rath moves to discharge, from the
Committee on Judiciary, Assembly Bill Number
7487 and substitute it for the identical
Senate Bill Number 4508, First Report Calendar
520.
On page 7, Senator Golden moves to
discharge, from the Committee on Civil Service
and Pensions, Assembly Bill Number 5790 and
substitute it for the identical Senate Bill
Number 3975, First Report Calendar 549.
And on page 9, Senator Marcellino
moves to discharge, from the Committee on
Environmental Conservation, Assembly Bill
Number 6988 and substitute it for the
identical Senate Bill Number 3522, First
Report Calendar 572.
ACTING PRESIDENT MORAHAN: The
substitutions are ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution at the desk by
Senator Fuschillo. I ask that the title be
read and move for its immediate adoption.
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ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: By Senator
Fuschillo, Legislative Resolution Number 1453,
commending outgoing Chief James Johnston for
his ceaseless, dedicated service to the
Wantagh Fire Department.
ACTING PRESIDENT MORAHAN: All in
favor of the resolution will signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution at the desk by
Senator Breslin. I ask that the title be read
and move for its immediate adoption.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: By Senator
Breslin, Legislative Resolution Number 1431,
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commemorating the 120th Anniversary of
Congregation Beth Abraham-Jacob of Albany,
New York.
ACTING PRESIDENT MORAHAN: All in
favor of the resolution will signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there are three resolutions at the desk by
Senator Krueger. If we could have the titles
read and move for their immediate adoption.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: By Senator Liz
Krueger, legislative resolution honoring Kathy
Goldman upon the occasion of her designation
for special recognition by the Community Food
Resource Center on May 1, 2003.
By Senator Liz Krueger, legislative
2178
resolution honoring Agnes Molnar upon the
occasion of her designation for special
recognition by the Community Food Resource
Center on May 1, 2003.
And by Senator Liz Krueger,
legislative resolution honoring Patricia
Caldwell upon the occasion of her designation
for special recognition by the Community Food
Resource Center on May 1, 2003.
ACTING PRESIDENT MORAHAN: All in
favor of the resolutions signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolutions are adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Rules
2179
Committee in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
419, by Senator Kuhl, Senate Print 3412, an
act to amend the Highway Law, in relation to
establishing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
433, by Senator Saland, Senate Print 480, an
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act to authorize the Union Vale Fire District
to contract with a community ambulance
service.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
439, by Senator Skelos, Senate Print 2659, an
act authorizing the assessor of the County of
Nassau to accept an application.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
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(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
440, by Senator LaValle, Senate Print 2743, an
act to amend the Town Law, in relation to
exemption.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
449, by Senator Volker, Senate Print 608, an
act to amend the Penal Law, in relation to the
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issuance of junior licenses.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: Lay it
aside.
THE SECRETARY: Calendar Number
454, by Senator Morahan, Senate Print 3048, an
act to amend the Penal Law, in relation to
providing certain criminal penalties.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
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475, by Senator Leibell, Senate Print 2069A,
an act in relation to creating the Pound Ridge
Library District.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
476, by Senator Farley, Senate Print 2555, an
act to amend the Town Law, in relation to
including the Empire State Chapter Number 120
of the Retired Enlisted Association.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
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the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
521, by Senator Mendez, Senate Print 2638A, an
act to amend the Workers' Compensation Law, in
relation to the penalty.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
522, by Senator Mendez, Senate Print 2683A, an
act to amend the Workers' Compensation Law, in
relation to the provision of claim forms.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MORAHAN: Lay it
aside.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President.
ACTING PRESIDENT MORAHAN: That
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completes the reading of the noncontroversial
calendar.
SENATOR KUHL: Could we now have
the controversial reading of the calendar.
ACTING PRESIDENT MORAHAN:
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. We'd like to announce that there
will be an immediate meeting of the Senate
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Senate
Finance Committee in the Majority Conference
Room.
The Secretary will read.
THE SECRETARY: Calendar Number
449, by Senator Volker, Senate Print 608, an
act to amend the Penal Law, in relation to the
issuance of junior licenses.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MORAHAN:
Senator Volker, an explanation has been
requested.
Whenever you're ready, Senator
2186
Volker.
SENATOR VOLKER: Okay. I just
wanted to wait until things settled down a
little.
This is a bill that deals with
the --
ACTING PRESIDENT MORAHAN: Keep
the conversations outside the chamber, please.
SENATOR VOLKER: This is a bill
that deals with an issue that frankly was
supposed to be dealt with when we did a gun
bill some years ago and changed the licensing
requirements. Which, you know, was a somewhat
historic attempt to match federal requirements
and so forth on guns.
And the issue here is a junior
license. It allows a person between the ages
of 14 and 20 to undergo firearms training and
target practice, shooting competition, and so
forth.
This does not allow a person who is
under 21 years of age to possess or carry a
gun. What it does, however, is allow a person
to lawfully train with a gun as long as that
person is involved with a parent, guardian, or
2187
person who has the right to possess and train
with a weapon. It does not allow this
licensee to own a pistol. It is not a license
to carry a weapon.
This has created a great deal of
stir because it involves probably the most
restrictive junior license situation in the
country. Most states allow target shooting
and the ability to fire weapons under 21 years
of age.
In fact, the law here before we
passed the statute that raised the age limit
to 21 actually was not 18, as some people
thought it was. It wasn't 16. There actually
was no law. All it said was that a pistol
permit could be given to someone, and the
general statute was allowed at 18. But
technically speaking, there was no actual age
limit for someone to apply for a gun permit.
Many of the people, young people in
this state who used to participate in Olympic
shooting and in various pistol events in
colleges and the various events across the
country, and in fact sometimes international,
technically cannot participate because it is
2188
technically illegal to even handle a gun for
someone under 21 years of age.
There is, obviously, some violation
of this statute, because there still are
people who participate in other states. But
it really does make sense.
The one thing I did notice about
this bill -- which, by the way, came to me
from the Assembly -- is there is a provision
in this bill which was supposed to say that a
local licensing agent could not change the
rules on junior licenses. However, the bill
says that you can't change any license.
I realize -- and by the way, you're
going to get a bill like that shortly, because
I think it's Senator Johnson has a bill that
rumor has it may be on next week's Codes
agenda. But it has been suggested to me, and
I frankly didn't realize -- and I'm being as
honest as I usually am. I should probably
tell you that I knew exactly what was in this
bill. But when we really looked at the bill,
thanks to one of your staff people, we
realized that it does have a provision in it
that extends not only to junior licenses but
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also to general licenses in general.
So, Senator Paterson, in keeping
with our new process here of coming up with
ways to pass bills, I would suggest to you
that I would be more than willing to take the
provision out of this bill that says it
applies to all licenses and let it apply just
to junior licenses. And if that would make
you happier, I'd be happy to do that.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Volker.
Senator Paterson.
SENATOR PATERSON: Mr. President,
I'm shocked. You don't know the exhilaration
I feel to be here for 18 years and finally get
this offer. It's like nirvana for me.
That was the concern that we had,
the part in Section 1 where it says that a
local licensing agent cannot impose any
restrictions on the licensee otherwise
expressed by law. That is a problem in
New York City.
And one of the reasons that
New York City expressed their opposition in a
memo -- [sound of telephone] -- that's my
2190
biographer calling. The reason that New York
City opposed the bill was exactly for that
reason, Mr. President. And obviously we would
advise the city, who was concerned about the
number of licenses issued, concerned about the
types of guns that are used, we would look
differently on that.
And we in all seriousness very
happily accept Senator Volker's offer. He has
been most cooperative to all of us and really
tries to listen and understand some of our
criticisms. And we finally persuaded him of
one. So it's a day I'll remember here in the
Senate.
But quite seriously, the City of
New York really would appreciate it, Mr.
President, if Senator Volker would take a
second look at that.
SENATOR VOLKER: Mr. President,
I'm going to star this bill for the time
being, because we will amend it just to
include the junior licenses.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
The bill is starred at the
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sponsor's request.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
521, by Senator Mendez, Senate Print 2638A, an
act to amend the Workers' Compensation Law, in
relation to the penalty for failure to post.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MORAHAN:
Senator Mendez, an explanation has been
requested.
SENATOR MENDEZ: Mr. President,
today the bill that we're considering is --
2683? Which one is it? 2638.
Basically what this bill does is
that it would place a fine of up to $250 if an
employer in a firm fails to post notices to
the farmworker about the right to workmen's
compensation.
I really think that at this point
it's very important to go to deal with a
little bit of history. We all know that
during the Depression, the New Deal, it was
the first time that all the workers in the
United States, they really -- the rights and
2192
protections were granted by the federal
government. Like, for example, in the
National Labor Relations Act. The only group
that was not included in that -- in those --
to ensure protection were the farmworkers.
Why did that occur? Precisely
because in the first initial bill, drafted in
1935, it included the farmworkers. But at the
time, the lobby of agribusiness -- well,
everybody was told that the cost of
transportation and mechanical agriculture were
expensive. So in the final version of that
bill that gave the right to bargain to the
workers, the farmworkers were excluded.
But the interesting thing to me is
yes, all the workers in the United States did
in fact get a new deal, but the farmworkers
got a raw deal. And who gave the farmworkers
a raw deal? A Congress, a House of
Representatives that was overwhelmingly
Democratic at the time. A U.S. Senate that
also was overwhelmingly controlled by the
Democratic Party. With a president also from
the Democratic Party. They excluded the
farmworkers from those protections.
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Then it was left all to the states
to decide what to do to redress that
unfairness. In New York State, consistently,
we have been able to exclude the farmworkers
in terms of providing to them the rights and
protections, because in the definition of what
an employee is, as it refers to services in a
farm, they were excluded.
Here in the Senate we've been
trying very hard. And I must say that the
reason -- even though I do not have any
farmworkers in my district, the reason why I
have taken up their cause is because we live
in the greatest country of the entire world
and we believe in equal treatment for all.
And it upsets me enormously that the
farmworkers are being treated as second-class
citizens. When we provide subsidies to the
farmers, we do not give the barest protection
to the farmworkers.
So this is a bill that will
establish a little parity with other workers,
my God, for the farmers to post signs advising
the farmworkers that they would be entitled to
workmen's compensation. It is not a big
2194
thing, but it makes parity with that same
situation with other workers.
I hope that -- I know that all the
men and women who serve in this Senate are
true Americans and they really believe in
equal rights of everybody. So I assume that
all of us here will unanimously vote for this
bill, because we will be starting in -- we are
starting in redressing some things that should
have been redressed a long time ago.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Paterson.
SENATOR PATERSON: Mr. President,
the explanation is satisfactory.
ACTING PRESIDENT MORAHAN: Any
other Senators wish to be heard on this bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
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THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
522, by Senator Mendez, Senate Print 2683A, an
act to amend the Workers' Compensation Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MORAHAN:
Senator Mendez, an explanation has been
requested.
SENATOR MENDEZ: This second
bill, what it basically does is that if a
farmworker gets injured on the job, then the
foreman or the laborer contractor must advise
the employer about the farmworker that was --
the injury that the farmworker suffered. Then
the employer has three days to provide to the
farmworker the claim forms that that person
needs to start receiving workmen's
compensation.
Again, if the employer does not
abide by this, then fines of $250 will be
levied against the employer.
Again, it is not the greatest bill
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in the whole world, but it is a start in
dealing with situations at work that affect
enormously people who are dedicated to plant
our food, harvest our food, and that they are
entitled to safe conditions at work and to
equal treatment like all the other workers in
the state of New York.
I hope that all my colleagues here
will in fact support this bill. Thank you.
ACTING PRESIDENT MORAHAN:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would yield to a question.
ACTING PRESIDENT MORAHAN:
Senator Mendez, will you yield for a question?
SENATOR MENDEZ: Yes.
ACTING PRESIDENT MORAHAN: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Mr. President.
Senator Mendez, do you think your
bill goes far enough to help farmworkers? I
appreciate both the bills you've brought to us
today. But do you truly believe this is
2197
really what the farmworkers need and what
they've marched here to Albany today to ask us
for?
SENATOR MENDEZ: You know,
Senator Krueger, there was a span of time of
many, many years when not one single bill
redressing the inequities for farmworkers ever
saw the light of day in this chamber. It was
very recently, just five or six years ago.
I will tell you, no, it doesn't go
far enough. But there is an omnibus bill that
the reason why I have not tried to get it out
of committee, you know what it is? Because it
has to be refined a little bit more.
For example, since what we want is
parity, the omnibus bill that you're probably
referring to would require fines to be up to
$500. I amended the previous two bills that
originally had $500 as a fine, I amended them
to $250 so it would be exactly the same amount
in the fine to be paid that it is for other
workers as well.
So that that other bill that
everybody loves so very much and that is also
my bill -- I should say our bill, because all
2198
of us believe in social justice -- has to be
cleaned up a little bit.
So, yes, I agree that this doesn't
go far enough. I wish we were talking about
the omnibus bill, because that would bring us
true parity.
You know, at times -- Senator
Krueger, you know what I think? It's a
fascinating thing when we look back and we try
to interpret history. It bothered me, this
inequity, first it bothered me enormously that
how, originally, the problem how the Congress
of the United States and a great president,
all Democrats, how could they at the time, you
know, give a new deal to all the workers in
the United States except the farmworkers.
And you know what? I figured why
did they do that, besides the strength of the
lobbyists of the agribusiness. But, you know,
it may be coincidence. At the time -- it is
very fascinating. At the time, the
farmworkers were African-American. And at the
time there was not any civil rights movement.
Now the majority of the farmworkers, you know
who they are? They are Spanish-speaking
2199
people from Honduras and South America, mainly
from Mexico.
So it doesn't go far enough as I
would like to and you would like to and all of
us here would like to. But at least we're
making a little bit of progress in an area
where there were years and years and years
when nothing, nothing was done about it.
And I must say, I must say that I
appreciate enormously working with
Assemblywoman Nolan. Since day one, she has
been there supporting this cause. And also
with Senator Bruno, because he has been very
cooperative in the whole endeavor.
So the ending is -- with this bill
passing, it's not going to be the end of it
all. We have to work some more, but we have
to be optimistic. And you have to keep the
eye on the prize.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
I believe that there is an amendment at the
desk, a Calendar 522, S2683 amendment. And I
2200
would waive reading and ask to be heard on my
amendment.
ACTING PRESIDENT MORAHAN: The
reading is waived, and you can speak on the
amendment.
SENATOR LIZ KRUEGER: Thank you
very much.
I do appreciate Senator Mendez's
highlighting the fact that she had an omnibus
bill and it went farther. And in fact, I
would argue it too doesn't go far enough, but
it is surely the minimum we should be doing
here today on the floor of the Senate.
So I have introduced an amendment
to the Senator's bill that in fact is the
Senator's previous bill, 3351, an omnibus bill
to address parity for migrant farmworkers and
their rights.
In Section 3 of my amendment, it
would require every farm laborer to be allowed
24 consecutive hours of rest every week, which
might be voluntarily refused by the employee.
Can you imagine that if you were a
farmworker today in New York State you don't
have the right to have one day off per week?
2201
It violates people's religious needs, it
violates common sense to require that workers
must work seven days a week or lose their
jobs.
In Section 6 and Section 7 of my
amendment it would require that eight hours
shall constitute a legal day's work, with
overtime being paid at one and a half times
the worker's normal wage rate for above eight
hours a day.
In Sections 11 and 12 of this
amendment we would guarantee the rights of
collective bargaining to farm laborers. They
have no right to organize or to negotiate for
themselves as other workers throughout this
state have. There is no parity.
In Section 13, we'd ensure that
there would be a sanitary code that would be
applied to all farm and food processing labor
camps intended to house migrant farmworkers.
I'm afraid there are too many stories about
the horrendous situations that farmworkers
find themselves in, living in unsanitary,
unsafe, and unhealthy labor camps, with their
children and their belongings with them.
2202
In Section 15 of my amendment, I
would include all of the sections of Senator
Mendez's bill today, S2683, because I do not
disagree with her proposal to offer claim
forms to employees who are injured on the job.
But that is a bare minimum and not
satisfactory.
And as Senator Mendez highlighted,
she said it was Democrats in Congress who
failed to do the right thing. And I would
argue that here we are, Republicans sponsoring
this bill and Democrats supporting this bill
but adding more, an amendment that goes
further. And that that's exactly what we
should do here today on the floor of the
Senate. We should take my amended version of
Senator Mendez's bill, her own bill
previously, and pass that.
And I would argue that today is the
historic day to do this, because today is the
day that farmworkers are marching on Albany
from as far as 330 miles away, representing
50,000 farmworkers in New York State -- as the
Senator highlighted, the majority of whom are
Hispanic.
2203
The amendment we are offering today
would, if passed, if her bill with my
amendment was passed -- and I would give her
all credit if we passed the whole package
today -- would in fact address the things that
the farmworkers are begging from us today
outside of these halls. The reason that they
have marched to Albany is to demand the right
to have collective bargaining, an eight-hour
workday, a day off of rest, that their work
sites follow health and safety standards.
This amendment -- and as Senator
Mendez knows, because she said it herself --
would create an even playing field for
farmworkers and parity with other workers.
These are the employees in New York State who
need our protection. They work in our fields.
They're already often marginalized in our
society.
We've set up a two-tiered system of
separate but unequal laws for farmworkers and
other workers in this state. No one in this
chamber, regardless of the party, can believe
that that's a just and fair system.
These individuals need our
2204
protection. I believe it is unconscionable to
allow the system to continue as is, imagining
no day off per week for the right to worship
or rest, no overtime pay, no OSHA standards.
It's the equivalent of endorsing sweatshop
labor in our farm fields.
We have addressed some very
important concerns in recent years. We
granted the farmworkers the same minimum wage
and the right to drinking water and toilets in
the fields. Can we imagine we had to fight to
get drinking water and toilets? We need to
end this piecemeal approach and vote for the
amended version of the Senator's bill to
ensure that farmworkers have equal protections
and equal rights as workers in the State of
New York.
I know that is what the people who
have marched on Albany today need, what they
expect, and what they deserve. This is about
their dignity and their rights as workers in
our state. They've come 330 miles to ask us
for this. I urge all of my colleagues to
support my amendment and then pass the
Senator's bill through in its amended format.
2205
Thank you very much.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Krueger.
All those in favor of the amendment
please signify by raising your hands.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Breslin,
Brown, Duane, Hassell-Thompson, L. Krueger,
Montgomery, Onorato, Oppenheimer, Paterson,
Sabini, Sampson, A. Smith, and Stavisky.
ACTING PRESIDENT MORAHAN: The
amendment is lost.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Kuhl, that completes the
controversial reading of the calendar.
2206
SENATOR KUHL: Yes, Mr.
President. Could we return to the order of
motions and resolutions.
I understand that there's a
privileged resolution by Senator Saland at the
desk. Could we ask that the title of that be
read, and I move for its adoption.
ACTING PRESIDENT MORAHAN: We
will return to motions and resolutions.
There's a privileged resolution by
Senator Saland.
The Secretary will read the title.
THE SECRETARY: By Senator
Saland, Legislative Resolution Number 1468,
commending the members of the Berkshire
Bulldogs Basketball Team upon the occasion of
their designation for special honor at the
Annual Interscholastic Banquet on April 30,
2003.
ACTING PRESIDENT MORAHAN: The
resolution is before the house. All those in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
2207
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: Could we now go to
reports of standing committees.
I understand there's a report of
the Rules Committee at the desk. I ask the
Secretary to read that.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 4864, by the Senate
Committee on Rules, an act to amend the Tax
Law.
ACTING PRESIDENT MORAHAN:
Senator Kuhl.
SENATOR KUHL: Move we adopt the
report of the Rules Committee.
ACTING PRESIDENT MORAHAN: All in
favor of adopting the Rules Committee report
signify by saying aye.
(Response of "Aye.")
2208
ACTING PRESIDENT MORAHAN: Nays.
(No response.)
ACTING PRESIDENT MORAHAN: The
report is adopted.
SENATOR KUHL: Mr. President, is
there a report of the Finance Committee at the
desk?
ACTING PRESIDENT MORAHAN: Yes,
there is.
SENATOR KUHL: If we could have
that read.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 1403B, Senate Budget
Bill, an act making appropriations for the
support of government and to amend a chapter
of the Laws of 2003.
ACTING PRESIDENT MORAHAN: The
bill is reported directly to third reading.
Senator Kuhl.
SENATOR KUHL: Yes, could now we
take up Calendar Number 596. It's the bill
2209
that came out of Rules.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
596, by the Senate Committee on Rules, Senate
Print 4864, an act to amend the Tax Law, in
relation to authorizing the County of
Sullivan.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Could we take up
Calendar Number 585 now.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
2210
THE SECRETARY: In relation to
Calendar Number 585, Senator Johnson moves to
discharge, from the Committee on Finance,
Assembly Bill Number 2103B and substitute it
for the identical Senate Bill Number 1403B,
Third Reading Calendar 585.
ACTING PRESIDENT MORAHAN: The
substitution is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
585, Assembly Budget Bill, Assembly Print
Number 2103B, an act making appropriations for
the support of government and to amend a
chapter of the Laws of 2003.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MORAHAN:
Senator Johnson, an explanation has been
requested.
SENATOR JOHNSON: This bill
appropriates money for education, labor, and
family assistance agencies, bringing a total
of $14.4 billion. In general support for
public schools, that's an increase of
2211
$1.1 billion. Over $410 million in higher
education restoration, including full
restoration of TAP. $40 million to other
labor and family assistance agencies. Private
colleges, $18.7 million, Bundy aid;
$4.9 million in merit and Regents
scholarships. Community-college-based aid, a
$2,300 increase in the community college aid,
and so forth, which were reduced by the
Governor, and so other additions and so forth
for the disadvantaged.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Johnson.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I just want to thank Senator
Johnson for that explanation.
And I think that it's been a very
difficult time trying to come up with a
resolution that I believe is the best that we
could possibly do for the constituents in our
state, for the people who depend on us to work
out some agreement that we can hopefully live
with, that we don't lose so much of the
infrastructure of the important programs in
2212
our state -- higher education, health,
education. So I'm pleased.
I just have one question for
Senator Johnson, if he will yield.
ACTING PRESIDENT MORAHAN:
Senator Johnson, do you yield for a question?
SENATOR JOHNSON: Yes, Mr.
President.
SENATOR MONTGOMERY: Senator
Johnson, you know, one of the areas that many
of us are concerned about -- I know, I'm sure
that you are as well as many of us on this
side and the other side, your side of the
aisle -- STEP and C-STEP, would you explain
what happens with that one more time?
Because I just want to make sure I
understand what is happening with that.
That's the one small thing that it seems that
we were only restoring half of the funding for
that. But am I misunderstanding what is
happening?
SENATOR JOHNSON: Yes, Senator.
The $5 million which is in there is the fiscal
year, balance of the fiscal year. But the
full-year restoration is $10 million. So
2213
those programs will continue as before.
SENATOR MONTGOMERY: Okay, thank
you.
ACTING PRESIDENT MORAHAN:
Senator Montgomery.
SENATOR MONTGOMERY: Again, thank
you. And I'll be voting yes on this budget,
Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Any other Senator wish to be heard?
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If the sponsor would yield to
a question.
ACTING PRESIDENT MORAHAN:
Senator Johnson, will you yield for a question
from Senator Krueger?
SENATOR JOHNSON: Yes, Mr.
President.
SENATOR LIZ KRUEGER: Thank you,
Senator.
I too have to say that while I
appreciate what a difficult set of situations
we are in -- and we are all, of course, being
2214
attacked from the outside for even considering
going as far as we are in restorations on
education -- I have to ask, were there any
other options that were considered to avoid a
$950 increase in tuition for CUNY and SUNY?
I heard your explanation to Senator
Montgomery. I know that the protection of TAP
and the restoration of the final third of TAP
that in the Governor's budget he cuts out will
help enormously and will result in some of the
lowest-income students for CUNY and SUNY not
having to absorb that.
But I was just curious whether
there is anything else we could do at the last
minute to avoid 28 percent increases in our
CUNY and SUNY tuition rates. Because I am so
fearful of the fact that we will have
thousands of students who will no longer able
to afford college in any of our districts.
And is there any other possibility that we
could do something more, today or beyond this
bill, to address that?
SENATOR JOHNSON: Well, there was
no way to get additional money into the
educational systems, CUNY and SUNY, without
2215
that increase. And as you know, that was a
lower increase than the Governor requested.
So we think that the committee, all
in all, has done their best in both houses,
really, to make a balanced presentation --
school aid, aid for individuals, college aid,
and so forth. And this is the best solution
we could come up with, quite frankly.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Johnson.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT MORAHAN:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I want to highlight some of the
things that are in this bill that I think is
important for the public and all of us to be
aware of. We're being asked to vote very
quickly. We're being asked to vote on these
bills in very difficult fiscal situations.
Yesterday I voted against both
budget bills because we didn't know anything
2216
about our revenue situation. Today, at least
since last night, we've had an opportunity to
review the proposed revenue package.
And the fact is that there are
people on the outside, there are press,
there's a governor who believe that we are
being irresponsible by making these
restorations to education. But I have to say
I believe just the opposite, that it would be
irresponsible for us not to be making the
restorations we are making.
And I would still argue that this
is not a budget bill for education, labor, and
family assistance that any of us would truly
want if we were writing it ourselves in a
perfect world.
Because if we don't do the
restorations in this bill, not only will we
see the increased tuition above and beyond
$950 that Senator Johnson just articulated the
Governor had proposed, we would see a loss for
our SEEK program of $7.3 million. We would
see an additional loss of almost $15 million
to our community-college-based aid in the City
University.
2217
We are, despite these restorations,
still going to have to live with an almost
$82 million reduction of operating aid to the
CUNY system, and I think an equivalent number,
if not higher, to the SUNY system.
We, despite the restorations today,
are still not providing the level of funding
for our public education system, K through 12,
that we ought to. Putting us, in my opinion,
further behind our commitments to assuring
that our children grow up, graduate, and have
the skills to move into our economy in the
21st century.
We are, happily -- happily, I
say -- going to restore the funding for
universal pre-K, keep us on track for smaller
school size, school class reduction, avoid
some of the worst cuts that the Governor
proposed for our public school system. I'm
also pleased to see that we have reversed some
of the Governor's proposals for the Department
of Labor as well as for Temporary and
Disability Assistance.
So again, it is not a great budget
bill. It is not a budget bill for education,
2218
labor, and family assistance that I think any
of us should say was the ultimate bill. It's
a bill I am uncomfortable with because there
is in fact not enough being done for
education.
And I worry very much about the
ability of students in my city to continue, to
go into CUNY and to graduate in a timely way.
Because they're already working and going to
school, and will they be able to work enough
additional hours to pay the tuition hikes and
still be able to keep up with their studies
and graduate?
So I hope that we will revisit the
tuition issue in some other context as the
days go on and do whatever we can to try to
assure that no child in New York State goes
without the public education they deserve,
K through 12, and the opportunity to complete
our public college system. Because our
employers are telling us they need people with
college degrees. We need to be able to make
sure the young people in our state can get
those college degrees.
So I will vote yes today, but I
2219
know that the business here is not done yet on
these issues.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Krueger.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. Just one moment on the
bill.
Senator Krueger has talked about
the fact that this bill certainly does not go
as far as perhaps we need to go in the areas
of education and healthcare. But what I would
like to say, I want to commend the courage
that it has taken for us to do this
restoration.
And I know that over these next few
weeks as we battle to complete the budgetary
process, we still will be able to say to some
of our constituents that we have begun the
process of restoring to them the services that
they expect that we will provide in the State
of New York.
It has been very difficult to tell
our constituents that 9/11 has had such a
2220
tremendous impact. It has been very difficult
to tell our constituents that the economic
downturn that has occurred in our community
has caused them to lose services.
But I certainly am very pleased to
be able to say to those in our naturally -- to
our programs that this money is going to be
restored. I am very pleased to say that in
the Bronx that we're not going to be closing
our mental health facilities. I am very
pleased to be able to say to our children that
we have at least made a first step toward
restoring some of their educational needs.
And certainly for those who have
been my supporters over the years in Head
Start and daycare, I am very pleased to be
able to say that we have restored money for
those very well needed services.
So yes, we need to go forward. But
I want to commend us for the courage that it
has taken to take this step.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Stavisky.
2221
SENATOR STAVISKY: Thank you, Mr.
President.
Yesterday I voted no for those two
budget bills because the revenue sources were
not presented to us. Today we have been
informed what the projected revenues are. I
was delighted to see that the financial aid
programs have been restored, the opportunity
programs, the SEEK and the TAP and so on.
However, the increase of nearly
30 percent in tuition has me very, very
troubled. I think this is the wrong direction
to go, to have CUNY tuition go up to $4,150
per child and CUNY to go up to $4,350 per
child.
New York State has become the 15th
most expensive place to get an education at a
public college. And when it comes to the
two-year community colleges, we rank number
sixth in the nation.
The cost of a college education is
becoming prohibitive. And unfortunately, the
burden is falling upon the students. The
fees, another aspect of the costs that the
students have to bear, have gone up
2222
128 percent over the last eight years.
In the last ten years, New York
State's share of the cost of higher education
has only increased by approximately one-third,
while nationally the states have a contributed
increase of approximately 60 percent.
So this, to me, is the wrong
direction. We are placing more and more
burden on the actual students themselves.
Now, let's remember that not every
student receives a TAP award. Part-time
students don't get TAP. After you complete
eight semesters, you no longer are eligible
for TAP assistance. And not every student can
complete college in four years. We have more
and more people working, we have more and more
people forced to borrow money to attend
college.
Lastly, middle-income people. And
more and more people are falling in this
classification. And they're going to -- if
somebody earns $40,000 a year, the TAP award
is going to be $730, forcing the student to
pay $3,620 at a SUNY institution. And for
upwardly mobile immigrant families, this is
2223
becoming a burden.
Now, the other point I want to make
is that the last time we raised tuition, in
1995, over the two-year period we lost 30,000
students in the SUNY and CUNY educational
system. Did these students go to private
colleges? No. They just did not go to
college.
And we lost more than just their
productivity, the higher income that they
would be earning, the taxes that they would be
paying. These students were victims of what I
think are another form of the job-killing
taxes. And by raising tuition in the City
University and in the State University by
$950, not only is this a job-killing tax, but
I think, even perhaps potentially more
damaging, this is a hope-killing tax where
students can no longer aspire to a higher
education. And that, I think, is the future
of young people in New York State.
I have thought about this bill.
And I certainly don't like the increase in
tuition. That sort of sticks. I wish we had
a multiple-choice test here where we could
2224
pick the parts we like and reject the parts
that we don't. However, that's not the case.
Mr. President, I intend to vote for
this bill, but I am very troubled by the
increase in tuition and the loss of students
which I think we're going to find over the
next couple of years to the SUNY and CUNY
system.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Stavisky.
Senator Brown.
SENATOR BROWN: Thank you, Mr.
President. Through you, would Senator Johnson
yield for a question?
ACTING PRESIDENT MORAHAN:
Senator Johnson, will you yield for a question
from Senator Brown?
SENATOR JOHNSON: Yes, Mr.
President.
ACTING PRESIDENT MORAHAN: The
Senator yields.
SENATOR BROWN: I want to thank
Senator Johnson for being kind enough
yesterday to speak to my concern about the
fiscal difficulty that the City of Buffalo and
2225
the Buffalo School District is facing. There
is a scheduled payment to the Buffalo School
District of $30.6 million, which we have been
informed if the school district does not
receive that money on May 1st or around
May 1st, that the following week, May 6th, the
school district might not be able to and the
city might not be able to meet its payroll.
Yesterday Senator Johnson was kind
enough to say in this $1.1 billion education
funding appropriation bill that there would be
money to address the needs of the City of
Buffalo. Does that still look like that will
be the case, Senator Johnson, to avert this
fiscal crisis in the City of Buffalo?
SENATOR JOHNSON: Senator Brown,
all we have to do is pass this bill -- the
other house passed it -- pass our revenue bill
and have it signed by the Governor and the
money will flow.
Thank you.
SENATOR BROWN: I want to thank
Senator Johnson for his response. I want to
thank Senator Johnson and the other members of
this house for their hard work on this budget.
2226
It is an understatement to say that
this has been a very difficult, the most
difficult fiscal situation this state has
dealt with in decades. But I think we are
moving forward in a positive direction today.
As others who have spoken before me have said,
I'd like to see us go farther. I wish we
could go farther.
But under the difficult fiscal
circumstances that we are dealing with, I too
will be supporting this appropriation bill.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Ada Smith. You don't have
to rise. You can speak from your chair.
SENATOR ADA SMITH: Thank you,
Mr. President.
I think Senator Stavisky has said
it all --
ACTING PRESIDENT MORAHAN: Thank
you.
(Laughter.)
SENATOR ADA SMITH: -- because
the SUNY and CUNY system has been the road for
2227
upward mobility for those people that I
represent.
It is with great trepidation that I
do vote for this bill, because it's necessary.
Some parts have been restored. But I'm
greatly concerned with the tuition increase,
and I wonder how many young people will not be
able to further their education because of
that increase.
To us it may seem like a very small
amount. But to a young student at SUNY or
CUNY, the $100, $200, whatever the amount may
be, may be the difference between obtaining an
education or not obtaining an education.
Mr. President, I do vote yes.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Smith.
Any other Senator wish to be heard?
Senator Sabini.
SENATOR SABINI: Thank you, Mr.
President. On the bill.
I voted against the extenders
because I thought it was bad policy. I voted
against yesterday's appropriation because I
thought it was string budgeting, to paraphrase
2228
a poker term.
But now we have a revenue bill in
front of us that is one that, while it's not
something we're all going to enjoy supporting,
is at least a proposal. And I congratulate
the members of the Senate Majority for moving
things forward and acting as responsible
partners in government. That hasn't always
been the case in this town by all parties, and
in fact it seems in some cases still isn't the
case.
So I think that we're acting
responsibly. And while there are some
substantial restorations in this proposal that
make whole the pre-K and early childhood
education that concerns me so much for my
district, which is filled with people arriving
from other countries, that pre-K and
kindergarten is really necessary for their
children to make sure that their kids are
competitive in school. It's their children's
first exposure to the alphabet, to the
numbering system, to people that come from
other places. Because in areas like mine,
it's immigration from many different places on
2229
the globe.
So it's so essential that pre-K and
kindergarten continue in neighborhoods like
Jackson Heights and Corona and Elmhurst and
the part of Queens I represent. And in fact,
we now have in my district, I was happy to be
part of setting up three early childhood
centers, which are now going to probably
appear all over the state, where young
children will go for their first classroom
experience through third grade.
So we've done a lot here to make
those whole. And while I'm not happy about
some of the increases in tuition in the CUNY
and SUNY system, we can't be happy with
everything. Any budget proposal I've ever
worked on at any level of government, they're
never perfect.
So I think this is, under a tough
situation, as good as we could hope for. I
congratulate those that worked hard to put it
together. And for that reason, since we now
have a revenue bill, as Senator Krueger said,
I will be voting in the affirmative as well.
Thank you.
2230
ACTING PRESIDENT MORAHAN: Thank
you, Senator Sabini.
Senator LaValle.
SENATOR LaVALLE: Thank you, Mr.
President.
I rise, as chairman of the Senate
Committee on Higher Education, to thank our
Majority Leader, Senator Bruno, who has had
the commitment to make sure that there were
restorations for higher education, his
steadfastness to make sure that the commitment
of access and choice for our students was
maintained and the programs for student
financial aid, whether it be TAP or the
opportunity programs, were restored.
I also want to thank the members of
this chamber for their support and the members
of the Higher Ed Committee for really being
very, very focused on what we needed to do and
how to prioritize it. I think all together we
have ensured that students will have the best
opportunity to move forward with their higher
education.
But with restoration at the
community college level of base aid, those
2231
students who are beginning at the gateway of
their higher education careers will have the
best opportunity for the lowest possible
tuition to begin that career and also have the
student financial aid programs to assist them.
Senator Bruno has recognized that
higher education is very important to the
economic development and vitality of our
state. Whether it is upstate or in the
cities, each higher education institution
plays a very vital role to the local economy.
And he also has recognized, with his
sponsorship and leadership, along with those
of us in this chamber, that there is a partner
with business in terms of high technology,
continuing to make those investments in
high-tech that will produce dollars for our
economy.
So as every speaker has indicated,
we are in a very, very difficult environment.
But I think, in terms of higher education, we
did an outstanding job together.
ACTING PRESIDENT MORAHAN: Thank
you, Senator LaValle.
Senator Andrews.
2232
SENATOR ANDREWS: Mr. President,
on the bill.
ACTING PRESIDENT MORAHAN:
Senator Andrews, on the bill.
SENATOR ANDREWS: First of all,
let me take this opportunity to congratulate
all of my colleagues on both sides of the
aisle for putting together this historic
budget.
As some of my colleagues have
indicated, this is not a perfect bill. In my
short tenure as a state senator, I have never
seen a perfect bill. And maybe a miracle will
happen one day and I will see a perfect bill.
But what I do see in this bill is a bill
that's restored needed money to education, to
my constituents and the constituents
throughout the city and the state of New York.
What I see in this bill is a bill that
continues to bring the necessary resources to
make sure that education takes place in this
state.
I'm very disappointed, as a
graduate of CUNY and SUNY, to see the
increases in tuition. Because as a student in
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the '70s, I can remember when tuition went up
from $55 to 300-and-something dollars and the
number of students who were not able to afford
that drastic increase. And with a 30 percent
increase, I know that there will also be a
reduction of students who will not have the
opportunity to continue their education and
achieve a higher education.
So I'd like to urge my colleagues
that in the up and coming days of session, and
maybe even next year, maybe we can do
something that's historic and reduce tuition
to react to the loss of students that we're
going to see with this increase in the budget.
So when this bill comes up to vote,
I will be voting in the affirmative. But as I
said before, there is no such thing as a
perfect bill or a perfect budget. But this
budget is pretty good, considering the
circumstances we have to work under today.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Any other Senator wish to be heard?
Read the last section.
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THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Senator DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: I just
would like to explain my vote.
You know, the bulk of the
restorations that this legislative budget
calls for are restorations in education. And
I think there's no one who would disagree that
education is the priority of everyone, every
elected official in this state.
You have to pay for it somehow.
And the question of whether we are
overspending in paying for education I think
is a bit misleading, because it's going to be
paid for either by some statewide revenue or
by property taxes.
And I think it's very important to
recognize that we're not only funding
education with the bulk of the restorations
which we've done, but also we're giving
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property tax relief, real property tax relief
to all of our constituents. And I think
that's an important message that hopefully
will come out of this legislative budget.
ACTING PRESIDENT MORAHAN: Thank
you, Senator DeFrancisco.
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MORAHAN: No,
Senator.
SENATOR SKELOS: There being no
further business to come before the Senate,
I'd like to announce first that there will be
a conference of the Majority tomorrow at
11:00 a.m., and then session will reconvene at
noon.
So I move we adjourn until
Thursday, May 1st, at 12:00 noon.
ACTING PRESIDENT MORAHAN: On
motion, the Senate stands adjourned until
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Thursday, May 1st, at 12:00 noon.
Senator Smith, why do you rise?
SENATOR ADA SMITH: There will be
a Minority conference tomorrow at 11:30 in the
Minority Conference Room.
ACTING PRESIDENT MORAHAN: There
will be a meeting of the Minority tomorrow at
11:30 a.m. in the Minority Conference Room.
(Whereupon, at 4:26 p.m., the
Senate adjourned.)