Regular Session - May 1, 2003
2237
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 1, 2003
12:10 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
2238
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone present to
please 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 each 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,
Wednesday, April 30, the Senate met pursuant
to adjournment. The Journal of Tuesday,
April 29, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: Mr. President,
2239
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
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 Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President. On behalf of Senator McGee,
please place a sponsor's star on Calendar
Number 414.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FUSCHILLO: Mr.
President, I wish to call up Senate Print
Number 4864, recalled from the Assembly, which
is now at the desk.
2240
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
596, by the Assembly Committee on Rules,
Senate Print Number 4864, an act to amend the
Tax Law.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Kuhl, on
page number 37 I offer the following
2241
amendments to Calendar Number 255, Senate
Print Number 2308, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Spano, on
page number 30 I offer the following
amendments to Calendar Number 431, Senate
Print Number 3129, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Little, I move
the following bill on the order of second
report be committed to the Committee on
Finance: Senate Print Number 2625A, Calendar
Number 542.
2242
ACTING PRESIDENT MEIER: So
ordered.
Thank you, Senator.
Senator Alesi.
SENATOR ALESI: Are there any
substitutions at the desk?
ACTING PRESIDENT MEIER: We have
one, Senator.
The Secretary will read the
substitution.
THE SECRETARY: On page 4,
Senator Morahan moves to discharge, from the
Committee on Elections, Assembly Bill Number
7229 and substitute it for the identical
Senate Bill Number 4143, First Report Calendar
589.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Alesi.
SENATOR ALESI: Mr. President,
may we stand at ease pending the return of the
Rules Committee.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Rules Committee.
2243
(Whereupon, the Senate stood at
ease at 12:14 p.m.)
(Whereupon, the Senate reconvened
at 12:15 p.m.)
SENATOR ALESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Mr. President, if
we can return to reports of standing
committees, I believe there is a report from
the Rules Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 4877, by the Senate
Committee on Rules, an act to amend the Social
Services Law.
ACTING PRESIDENT MEIER: Without
objection, direct to third reading.
Senator Alesi.
SENATOR ALESI: Move to accept
the report of the Rules Committee.
2244
ACTING PRESIDENT MEIER: Sorry, I
jumped the gun on you, Senator Alesi.
All those in favor of accepting the
report of the Rules Committee signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Alesi.
SENATOR ALESI: Mr. President, if
we can bring Senate Bill 4877 and open up the
roll for anyone who wishes to vote on it at
this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
599, by the Senate Committee on Rules, Senate
Print Number 4877, an act to amend the Social
Services Law, in relation to medical
assistance exclusion.
ACTING PRESIDENT MEIER: Read the
last section.
2245
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Order in
the chamber.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. Now that we have so many members
present, for clarification, we opened the roll
call only so certain members could vote, and
then we will be withdrawing the roll call.
ACTING PRESIDENT MEIER: Would
those members who wish to vote now, prior to
the roll call being withdrawn, indicate by
raising your hand. You'll be recognized one
at a time.
SENATOR CONNOR: Mr. President,
point of order. It's always been done as a
slow roll call when members have to leave.
That's how you get to record them, set it
aside and finish the slow roll call later on,
Mr. President.
ACTING PRESIDENT MEIER: Senator,
2246
in terms of your point of order, the members
are voting individually.
SENATOR CONNOR: Right. They
have to call the individual names out.
ACTING PRESIDENT MEIER: Well,
Senator, that's what -- Senator, if you don't
mind, I'm presiding right now, and that's what
I'm going to do.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: Senator
Wright.
SENATOR WRIGHT: Aye.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Mr. President,
I wish to be recorded in the affirmative.
Aye.
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: I wish to be
recorded in the negative.
ACTING PRESIDENT MEIER: Senator
Mendez.
SENATOR MENDEZ: No.
2247
ACTING PRESIDENT MEIER: Senator
Connor.
SENATOR CONNOR: Thank you, Mr.
President. No.
ACTING PRESIDENT MEIER: Senator
Smith.
SENATOR MALCOLM SMITH: No.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: No.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: No. Thank
you.
SENATOR ALESI: Mr. President,
may we withdraw the roll call at this time and
lay the bill aside temporarily.
ACTING PRESIDENT MEIER: The roll
call is withdrawn.
The bill is laid aside temporarily.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we stand at ease until 2:15
this afternoon.
ACTING PRESIDENT MEIER: The
2248
Senate will stand at ease until 2:15 this
afternoon.
(Whereupon, the Senate stood at
ease at 12:20 p.m.)
(Whereupon, the Senate reconvened
at 3:08 p.m.)
ACTING PRESIDENT MORAHAN: The
Senate will please come to order.
Senator Skelos.
SENATOR SKELOS: If we could
return to motions and resolutions, I believe
there's some housekeeping at the desk.
ACTING PRESIDENT MORAHAN: We'll
return to motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
On behalf of Senator Hoffmann,
Mr. President, I wish to call up her bill,
Print Number 2127, which was recalled from the
Assembly, which is now at the desk.
The Secretary will read the title.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
2249
252, by Senator Hoffmann, Senate Print 2127,
an act to amend the Public Officers Law.
SENATOR FARLEY: Mr. President, I
now 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.)
THE SECRETARY: Ayes, 58.
SENATOR FARLEY: Thank you, Mr.
President. I now offer the following
amendments.
ACTING PRESIDENT MORAHAN: The
amendments are received.
Senator Bonacic.
SENATOR BONACIC: Thank you, Mr.
President.
On behalf of Senator LaValle, I
offer, on page 17, the following amendment to
Calendar Number 151, Senate Print Number 924B,
and ask that said bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received, and the bill will
2250
retain its place on the Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President,
can we go to the noncontroversial reading of
the calendar, please.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
441, by Senator Skelos, Senate Print 2843, an
act to amend Chapter 371 of the Laws of 2002.
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
445, by Senator LaValle, Senate Print 487, an
2251
act to amend the Education Law, in relation to
the disclosure of gifts.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of August.
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
451, Senator Leibell, Senate Print 2360, an
act to amend the Criminal Procedure Law, in
relation to orders of recognizance or bail.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
2252
(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
459, by Senator Volker, Senate Print 3506, an
act to amend the Penal Law, in relation to
trespassing in a motor vehicle.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. 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
460, by Senator Trunzo, Senate Print 3705, an
2253
act to amend the Penal Law, in relation to
prohibiting.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. 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, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
477, by Senator Maziarz, Senate Print 2627,
an act to authorize the town of Newfane,
Niagara County, to change the method of
raising revenue.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
2254
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Finance
Committee in the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
479, by Senator Little, Senate Print 3818, an
act to amend Chapter 719 of the Laws of 1980.
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.)
2255
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
498, by Senator Robach, Senate Print 3905, an
act to amend the Labor Law and the Workers'
Compensation Law, in relation to prohibiting.
ACTING PRESIDENT MORAHAN: 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.
THE SECRETARY: Calendar Number
503, by Senator Fuschillo, Senate Print 1780,
an act to amend Chapter 820 of the Laws of
1955.
2256
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, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
Mr. President. I rise to request unanimous
consent to be recorded in the negative on
Calendar Number 414.
ACTING PRESIDENT MORAHAN:
Senator, that was starred for today, so we
didn't vote on it.
SENATOR HASSELL-THOMPSON: Okay.
Thank you.
ACTING PRESIDENT MORAHAN:
Somebody was thinking about you.
SENATOR SKELOS: Mr. President.
2257
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: If we could go
to Calendar Number 599 and have the last
section read for the purposes of Senator
Bonacic and Senator Andrews voting.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
599, by the Senate Committee on Rules, Senate
Print 4877, an act to amend the Social
Services Law.
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:
Senator Bonacic.
SENATOR BONACIC: Mr. President,
I'd like to be recorded in the negative on
this vote, please.
ACTING PRESIDENT MORAHAN: You
2258
will be so recorded, Senator.
SENATOR BONACIC: Thank you, Mr.
President.
SENATOR SKELOS: Please recognize
Senator Andrews.
ACTING PRESIDENT MORAHAN:
Senator Andrews.
SENATOR ANDREWS: On this
historic occasion, I want to vote the same way
Senator Bonacic voted.
ACTING PRESIDENT MORAHAN: You
will be recorded in the negative, Senator.
SENATOR ANDREWS: Thank you.
SENATOR SKELOS: Please withdraw
the roll call.
ACTING PRESIDENT MORAHAN: The
roll call is withdrawn.
The bill is laid aside.
Senator Golden, why do you rise?
SENATOR GOLDEN: I rise to vote
aye on that bill, sir.
ACTING PRESIDENT MORAHAN: We
have to call it up again.
Senator Skelos.
SENATOR SKELOS: Mr. President,
2259
if we could go back to Calendar Number 599.
And we have one more individual that would
like to vote at this time.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
599, by the Senate Committee on Rules, Senate
Print 4877, an act to amend the Social
Services Law.
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:
Senator Golden.
SENATOR GOLDEN: I vote aye, sir.
Thank you.
SENATOR SKELOS: Withdraw the
roll call.
ACTING PRESIDENT MORAHAN:
Senator Golden will be recorded in the
affirmative.
2260
The roll call is withdrawn.
The bill is laid aside.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk. I ask that it
be read at this time.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bills:
Senate Print 1401A, Senate Budget
Bill, an act making appropriations for the
support of government, legislature and
judiciary budget.
And Senate Print 1404B, Senate
Budget Bill, an act making appropriations for
the support of government, in relation to
appropriations made thereto, health and mental
hygiene budget.
Both bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
2261
Without objection, both bills are ordered
directly to third reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
at this time if you could take up Calendar
Number 597.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 597, Senator Johnson moves to
discharge, from the Committee on Finance,
Assembly Bill Number 2101A and substitute it
for the identical Senate Bill Number 1401A,
Third Reading Calendar 597.
ACTING PRESIDENT MORAHAN:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
597, Budget Bill, Assembly Print Number 2101A,
an act making appropriations for the support
of government.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
2262
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 598, Senator Johnson moves to
discharge, from the Committee on Finance,
Assembly Bill Number 2104B and substitute it
for the identical Senate Bill Number 1404B,
Third Reading Calendar 598.
ACTING PRESIDENT MORAHAN:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
598, Budget Bill, Assembly Print Number 2104B,
an act making appropriations for the support
of government.
SENATOR ONORATO: Explanation.
ACTING PRESIDENT MORAHAN:
Senator Johnson, an explanation has been
requested.
2263
SENATOR JOHNSON: Mr. President,
this bill includes a state shared Medicaid
restoration of $1 billion to provide critical
funding for hospitals, nursing homes,
healthcare providers, a variety of other
important health programs.
It restores $18.5 million to the
Office of Mental Health to keep five
psychiatric centers open, $11.8 million to
restore funding for the Institute for Basic
Research and the Office of Mental Retardation
and Developmental Disabilities, and restores
$6.4 million in funding for critical programs
that serve senior citizens throughout our
state.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Johnson.
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:
2264
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Meier.
SENATOR MEIER: Senator Morahan,
I'm sorry, I was called out of the chamber.
Did we just vote on S1404B?
ACTING PRESIDENT MORAHAN: Yes.
SENATOR MEIER: I request
unanimous consent to be recorded in the
negative on 1404B.
ACTING PRESIDENT MORAHAN:
Senator Meier will be recorded in the negative
on Calendar 1404B, without objection --
Calendar Number 598.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Number 459.
ACTING PRESIDENT MORAHAN:
Without objection, Senator Duane will be
recorded in the negative on Calendar 459.
Senator Skelos.
2265
SENATOR SKELOS: Mr. President,
if we could return to Calendar Number 599 at
this time.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
599, by the Senate Committee on Rules, Senate
Print Number 4877, an act to amend the Social
Services Law, in relation to medical
assistance exclusion.
SENATOR OPPENHEIMER:
Explanation.
ACTING PRESIDENT MORAHAN:
Senator Farley, an explanation has been
requested.
SENATOR FARLEY: If there's
anybody else that would like to explain it,
feel free.
But let me just say, this is a bill
that we pass every single year for the last
twenty-some-odd, maybe 30 years or more. It's
a bill that basically addresses Medicaid
funding for abortion.
The Supreme Court of the United
States has said that you cannot outlaw
2266
abortion. We understand that. What this does
is basically bring New York State into
conformity with the other 43 states in the
nation that say that you'll pay for abortions
for rape, incest, and where the life or health
of the mother is in jeopardy.
Now, I think this is rather
significant that we pass this legislation,
because every year this house has spoken to
it. It is never even taken up on the Assembly
floor, which is unfortunate.
There's a number of people in this
chamber that vote for this bill that consider
themselves pro-choice, such as Governor
Pataki, when he was here, and so many others,
but they feel that abortion is a personal and
a private decision and public funds should not
necessarily pay for elective abortions.
Poll after poll, including the
New York Times poll, has addressed this. And
the majority of people feel very deeply on
this subject. And I respect the opinions of
people. And myself, I happen to feel very
strongly as far as life is concerned.
But I do want to recall the
2267
statement, because many of you are new here,
of a senator who served here for a number of
years and who was a leader in this area,
Senator Howard Nolan from Albany, who Senator
Breslin took his place.
Senator Nolan used to always
address this, and he addressed it, I thought,
with a very poignant point of view. He says,
"You know, I have a lot of poor people and a
lot of affluent people in my district, and I
have a lot of affluent people that come in and
say, 'We need to provide these abortions for
these poor women.'"
He says, "I have a lot of poor
women that come into my office. They have
problems with their rent, they have problems
with this and with that." He says, "I try to
help them. I've never had one of them come in
and say, 'We need more abortions.'"
I think that really sends a
message. There's a lot of groups in this area
that -- Planned Parenthood -- that could pay
for these elective abortions if they wish. I
think as a taxpayer, and as so many of us,
that we ought to come into conformity with the
2268
rest of the nation and what the federal
government says is the reality here, that we
only pay for a poor women in an incident for
rape, incest, or where the health or life of
the mother is in danger.
You know, this is an issue that is
very emotional with many people. It's always
a slow roll call. I respect anybody's
judgment in this area, no matter how you feel,
and I would hope that you respect mine.
There's a lot of people that
generally speak on this. I suppose you could
mail in the things that you said last year.
But in essence, what I ask is that you
consider voting for this legislation because I
think, particularly in this time of fiscal
constraints, we could use the money. And it's
a piece of legislation, in my judgment, whose
time has come.
In 1994, a poll by the Journal of
American Medical Association found that
69 percent of Americans opposing abortion
coverage in any healthcare reform package.
And of course we do provide that also.
But basically, I think that this
2269
legislation is reasonable, it's modest, and
it's something that is supported by a number
of people. And I urge its passage.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Oppenheimer.
SENATOR OPPENHEIMER: Thank you,
Senator Farley, for your moderate approach to
this issue.
And actually I would like to just
correct one figure that my colleague offered,
when you said that 43 states are prohibiting
state funding for choice, state Medicaid
funding. Actually, just to be specific, it's
32 states. The other states are providing
state Medicaid funding.
ACTING PRESIDENT MORAHAN:
Senator Farley, do you wish to respond?
SENATOR FARLEY: I could name
them for you.
SENATOR OPPENHEIMER: I will give
this to you afterwards.
SENATOR FARLEY: Okay. 42.
SENATOR OPPENHEIMER: I'd like to
speak on the bill, if I may.
2270
ACTING PRESIDENT MORAHAN:
Senator Oppenheimer, on the bill.
SENATOR OPPENHEIMER: And as
Senator Farley has said, many of us do feel
that all women, irrespective of their wealth,
should have access to a medically safe and a
legal abortion. And that's why we support
this bill. And the majority of people in
New York State have been found to support this
thinking.
New York State did take very bold,
bold steps, because we believed this, in 1970.
And at that time, poor women were suffering
disproportionately very high maternal and
infant losses both. There were a great deal
of deaths due to illegal abortions and
high-risk, very closely spaced pregnancies.
But New York has protected
reproductive freedom for its poorest women
ever since then, and we've done it through the
state Medicaid funding for abortion, as the
federal funding cannot go towards that.
You know, today we hear a great
deal about early detection, early intervention
in our healthcare, because we recognize that
2271
early identification is going to mean less
costly procedures, less complicated
procedures, and provide for better health for
the patient. And the fact is that many women
are delaying abortion because they don't have
the money to pay for the procedure.
A study by the Kaiser Family
Foundation Report reveals that almost half the
women who obtain abortions after 15 weeks of
pregnancy were delayed by problems in
obtaining the services or raising the money or
finding or getting a provider.
Abortion after the first trimester
of pregnancy is more complicated and is more
expensive, and there are far fewer providers
who will perform the procedure. And poor
women who are able to raise the money needed
for this abortion do it at a great sacrifice
to themselves and to their families, very
often having to do without funds for food, for
clothing, paying the rent.
And if you're looking to compare
the people, the Medicaid recipients and the
non-Medicaid-eligible women who are looking to
abortion for their -- to resolve this problem,
2272
60 percent of Medicaid recipients say that
they're paying for the abortion but that it is
entailing very serious hardships. Whereas the
non-Medicaid-eligible women, only 26 percent
of them said that it was a serious financial
hardship for them. So clearly it is the poor
women who are suffering if we cannot provide
them with this Medicaid funding.
The time it takes to raise the
money for an abortion increases the delay
between when you decide to have an abortion
and when you, the woman, actually are having
the procedure done. And this problem was
focused on by the Alan Guttmacher Institute,
which found that Medicaid-eligible women wait
an average of two to three weeks longer than
other women to have the abortion.
And the cost of the abortion of
course increases the longer that a woman
waits. While the average cost of a first
trimester, non-hospital abortion in 1997 --
that's the last time we have these figures --
was a little over $300, the charge jumped to a
bit over $600 at 16 weeks of gestation. And
the charge then more than tripled to over
2273
$1,100 at twenty weeks.
So it's more costly. And of course
we all know it's a more serious procedure as
time goes on. And there are health
implications the longer the delay.
This house really should be proud
of the historic work it did many years ago,
and it has done, to ensure that the health of
all women is protected. And I think it would
be sad and shameful to turn back the clock and
to turn our backs on poor women. And I
believe it would be violating our
responsibilities under Article 17 of our State
Constitution, which says that we should
provide aid, care, and support of the needy.
So I would urge all my colleagues
to vote against this. It's in the best
tradition of our state.
ACTING PRESIDENT MORAHAN:
Senator Stavisky.
SENATOR STAVISKY: Thank you, Mr.
President.
As surely as May arrives, we have
another perennial; in addition to our Tulip
Festival, we have the Medicaid funding for
2274
abortion. And this is indeed a perennial bill
which surfaces each year.
I agree with Senator Farley, this
is not a choice issue. It's an economic
issue. And it's an economic issue because we
are denying a procedure to somebody because
they are poor. We're denying a procedure to
them because they can't afford medical care.
I think that's wrong, and I urge my
colleagues to vote no.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, thank
you, Mr. President.
I would just like to respond to one
of the issues that Senator Farley raised with
regard to how many poor women come into a
legislator's office and request anything. I
would really be very surprised if many poor
women came into a legislative office to ask
for anything. Because they generally don't,
unfortunately.
So that is not any indication that
2275
I can use to assume that poor women are not
interested in access to healthcare. And,
right, it's a private issue for them, they
feel. Thank you.
In addition, Mr. President, I want
to just say to Senator Farley and my
colleagues that I know that this is a very
highly tinged emotional issue, the question of
whether or not a woman has a right to services
that lead to abortion. I think even the
question of whether or not women have a right
to full and complete reproductive services is
even a question.
But the fact of the matter is that
is not the question before us. And so since
we are not arguing that right -- because the
New York State Constitution allows it, the
U.S. Supreme Court decision has allowed it.
And so we're not really arguing whether or not
we have the right. Some of us obviously are
arguing what we believe should be the right or
should not be. But certainly that is not the
question.
The question is simply will we deny
equal access to all reproductive services for
2276
every woman in the state. That's the question
before us. And so whether or not we agree
with what the service should be, we all agree,
I believe, that it is a constitutional right
for every woman to have equal access.
And since we provide -- we try, we
attempt to, we wish to provide access to
health services to all of our citizens, to
whatever extent possible, and since
reproductive rights is a right of every
citizen, even men have it, and hopefully we
want to maintain the same right to every woman
in our state.
So I hope that my colleagues who
are voting today are voting based on your
understanding of whether or not you agree that
all women, no matter their income, should have
the same rights to the same health services,
the same level of healthcare as every other
woman. That's simply the question.
And, Mr. President, I certainly
will be opposing this legislation.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Montgomery.
Is there any other Senator wishing
2277
to be heard on this bill?
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President. Just briefly.
This is a matter that I think a lot
of people bring great emotion to when we
debate it. And it is an issue that I've risen
to talk about on many other occasions.
The perspective that those who vote
in favor of this come from is that we are
dealing with a human life that deserves to be
respected and protected from that moment.
That is a point of view that not everyone
shares. That is a point of view about which
reasonable people and people of goodwill can
differ.
But the motivation that comes from
those of us who will vote for this bill is
simply that, that we believe we are dealing
with voting on the application of funds
extracted from the taxpayers of this state to
pay for the destruction of life. And that is
our perspective.
And we understand, by the way, that
that is perhaps not a perspective even shared
2278
by a majority of those who live in this state.
Probably not. It is one, though, that we feel
compelled by that point of view to advance.
And I would also say this. And I
say this, if I may, without sounding as if I'm
bragging, I think I have established some
credibility in this chamber in terms of
representing the interests of poor people as
chairman of the Social Services Committee: I
would hope that we could offer poor women a
vision for the future of their children more
inspiring and more ennobling than
taxpayer-financed abortions.
I would like to close, maybe, if I
could, on this note. So often it seems that
debate that deals about the issue of abortion
consists of people on extreme ends of the
spectrum screaming at each other and hurling
invective and raising dire kinds of insults,
almost, about who is a murderer or about who
on the other side would turn women back to the
dark ages. And I think for the most part it
is only the extremists who really qualify for
those labels.
We bring this bill to the floor
2279
today, and Senator Farley brings it to the
floor, out of moral conviction. We will vote
on moral conviction.
I would suggest, though, that what
would be helpful is if many of us who consider
ourselves to be pro-life and carry that label
proudly, and those of you who choose the label
pro-choice, if we could sometimes spend a
little more time talking about what's good for
children, talking about how we can help people
who choose life to take care of their
children, talking about how we can help people
who choose abortion to choose life and to give
these children a chance to be born, talking
about how we can lift the poor out of poverty,
how they can obtain jobs and prosperity and a
real future for their children, and so that
the future we can offer these poor women is
more ennobling and more inspiring than
taxpayer-funded abortions.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Meier.
Any other Senator wishing to be
heard on this bill?
SENATOR MONTGOMERY: Slow roll
2280
call.
ACTING PRESIDENT MORAHAN: You
want to speak on the bill, Senator Diaz?
SENATOR DIAZ: If you allow me to
explain my vote when my time comes, then --
ACTING PRESIDENT MORAHAN: Yes.
SENATOR DIAZ: Yes.
SENATOR MONTGOMERY: Slow roll
call.
SENATOR ADA SMITH: Slow roll
call.
SENATOR STAVISKY: Slow roll
call.
ACTING PRESIDENT MORAHAN: Since
there is a sufficient number of Senators
asking for a slow roll call, the clerk will
call the roll slowly.
Read the last section first.
THE SECRETARY: Section 2. This
act shall take effect immediately.
Senator Alesi.
SENATOR ALESI: Yes.
THE SECRETARY: Senator Andrews
voting in the negative earlier today.
Senator Balboni.
2281
SENATOR BALBONI: Yes.
THE SECRETARY: Senator Bonacic
voting in the negative earlier today.
Senator Breslin.
SENATOR BRESLIN: No.
THE SECRETARY: Senator Brown.
SENATOR BROWN: No.
THE SECRETARY: Senator Bruno.
(Senator Bruno was indicated as
voting in the affirmative.)
THE SECRETARY: Senator Connor
voting in the negative earlier today.
Senator DeFrancisco voting in the
affirmative earlier today.
Senator Diaz.
SENATOR DIAZ: Mr. President, I'd
like to explain my vote.
ACTING PRESIDENT MORAHAN:
Senator Diaz is recognized to explain his
vote.
SENATOR DIAZ: Thank you. Thank
you, Mr. President.
I am a new Senator, only five
months here. And I have a Minority Leader who
tells us: Vote your conscience. And I'm also
2282
a Democrat from the City of New York, from the
County of the Bronx, representing one of the
poorest districts in New York City. I'm also
the president of a New York Hispanic clergy
organization composed of more than 150
ministers who represent thousands and
thousands of poor people in the City of
New York.
And I'm glad that I see children in
the balcony today. But then, now is one of
those times when you have to decide, do you go
with the majority or do you follow your
Minority Leader's advice and vote your
conscience? Which one will you go? Will you
act as a Democrat and vote with all your
colleagues from the City of New York? Or will
you vote your conscience?
Abortion is a choice that people
make. And in life, when you make a choice,
sometimes the choice you make is good,
sometimes the choice you make is bad. But you
have to live with the choice that you make.
But it is a choice. It is your choice, and
you are the one that makes that choice.
We are now dealing with a budget
2283
where we are trying to increase taxes to
working people. Now we are asking those
working people: Work, so out of your work we
take money to pay for someone's abortion.
And they will use the term we are
trying to defend poor women. And I represent
poor women. I represent a poor district. But
ladies and gentlemen, abortion is wrong no
matter how you put it. And to use the working
people's money to pay for someone that
knowingly made a choice, knowingly made a
choice -- I know that if I go to bed with this
woman, that woman could get pregnant. And
that women knowingly went to bed with that
man, knowing that if she goes to bed with that
man, she could become pregnant. And now
you're asking me to pay for it?
That is wrong. Morally wrong. We
are grownups. The children in the balcony are
listening to me. And people have to make
choices. You make a choice, you live with it.
You decide to go out --
ACTING PRESIDENT MORAHAN:
Senator Diaz. Excuse me, Senator.
SENATOR DIAZ: My two minutes are
2284
up? Allow me one minute. I am voting --
(Shouting from other Senators.)
SENATOR DIAZ: Okay, give me all
the one you want. I'm on fire here.
(Laughter.)
SENATOR DIAZ: I'm on fire. Give
me all the one you want.
(Shouting from other Senators.)
ACTING PRESIDENT MORAHAN: On a
rare occasion I'll ask --
SENATOR DIAZ: When I get on
fire, I --
ACTING PRESIDENT MORAHAN: On the
rare occasion, I just asked Senator Skelos to
sit down. Now you can continue.
(Laughter.)
ACTING PRESIDENT MORAHAN: You
can continue, Senator.
SENATOR DIAZ: So I am
representing poor people and poor people that
make that choice, make a choice to go out with
a man and have a good time.
And you make that choice to have a
good time, you pay for that. It is your
choice. Nobody asked you to do it. Nobody
2285
asked you to, nobody forced you to do it. You
desired it. Now you have to live up to the
consequences of that choice.
I'm a married man, happily married.
And I could decide, it's my choice, it is my
choice to decide if I go out with another
woman or not. It is my choice. If I make a
choice to go out with another woman, I know
that that woman could get pregnant. But I
decide to go out with her. And now that woman
becomes pregnant, and I want the State of
New York to pay for the abortion.
That is wrong, morally wrong.
Ladies and gentlemen --
ACTING PRESIDENT MORAHAN:
Senator Diaz, we'd like to hear the end of
that story, but I think we're going to have to
ask you to vote at this time.
SENATOR DIAZ: So you're telling
me to be quiet.
ACTING PRESIDENT MORAHAN: No,
just asking for your vote.
SENATOR DIAZ: No, no, what I'm
saying, I want to explain my vote. I've got
to explain my vote.
2286
ACTING PRESIDENT MORAHAN: Okay.
But the rules say that --
SENATOR DIAZ: And the way how to
explain my vote, ladies and gentlemen, I'm
telling you all these things, and I'm voting
affirmative on this thing.
Thank you.
(Scattered applause.)
ACTING PRESIDENT MORAHAN:
Senator Diaz will be recorded in the
affirmative.
Any other Senator wish to be heard?
I'm sorry, I got so swept up.
Okay.
(Laughter.)
ACTING PRESIDENT MORAHAN:
Continue to call the roll, please.
THE SECRETARY: Senator Dilan.
SENATOR DILAN: No.
THE SECRETARY: Senator Duane.
SENATOR DUANE: No.
THE SECRETARY: Senator Farley.
SENATOR FARLEY: Aye. Si.
(Laughter.)
THE SECRETARY: Senator Flanagan.
2287
SENATOR FLANAGAN: Yes.
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: Yes.
THE SECRETARY: Senator Golden
voting in the affirmative earlier today.
Senator Gonzalez.
SENATOR GONZALEZ: No.
THE SECRETARY: Senator Hannon.
SENATOR SPANO: Aye.
THE SECRETARY: Senator
Hassell-Thompson.
ACTING PRESIDENT MORAHAN:
Senator Hassell-Thompson, to explain her vote.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President, to explain my vote.
Each of us is representative, we
are representatives of more than 300,000
people who elected us to office. Not one of
them elected us to be the moral arbiter of
their behavior. But what they did elect us to
do was to give them equal access.
And voting no against this bill
does not have anything to do with my personal
and moral obligation to myself and my choices.
2288
But it does say that I have the obligation to
make equal access to the people who sent me to
the Senate chambers.
Therefore, I will vote no.
ACTING PRESIDENT MORAHAN:
Senator Hassell-Thompson will be recorded in
the negative.
Continue the roll call.
THE SECRETARY: Senator Hoffmann
voting in the negative earlier today.
Senator Johnson.
SENATOR JOHNSON: Aye.
THE SECRETARY: Senator L.
Krueger voting in the negative earlier today.
Senator C. Kruger.
(No response.)
THE SECRETARY: Senator Kuhl.
SENATOR KUHL: Aye.
THE SECRETARY: Senator Lachman
voting in the negative earlier today.
Senator Larkin.
SENATOR LARKIN: Aye.
THE SECRETARY: Senator LaValle.
SENATOR LaVALLE: Aye.
THE SECRETARY: Senator Leibell.
2289
SENATOR LEIBELL: Aye.
THE SECRETARY: Senator Libous.
SENATOR LIBOUS: Aye.
THE SECRETARY: Senator Little.
SENATOR LITTLE: Aye.
THE SECRETARY: Senator Maltese.
SENATOR MALTESE: Aye.
THE SECRETARY: Senator
Marcellino.
SENATOR MARCELLINO: Aye.
THE SECRETARY: Senator Marchi.
SENATOR MARCHI: Aye.
THE SECRETARY: Senator Maziarz.
SENATOR MAZIARZ: Aye.
THE SECRETARY: Senator McGee.
SENATOR McGEE: No.
THE SECRETARY: Senator Meier.
SENATOR MEIER: Aye.
THE SECRETARY: Senator Mendez
voting in the negative earlier today.
Senator Montgomery.
ACTING PRESIDENT MORAHAN:
Senator Montgomery, to explain her vote.
SENATOR MONTGOMERY: Yes, Madam
President -- Mr. President, excuse me. I'm
2290
sorry.
ACTING PRESIDENT MORAHAN: Close.
(Laughter.)
SENATOR MONTGOMERY: To explain
my vote.
I must say I'm a little jolted by
Reverend Dr. Senator Diaz.
But I just want to say to you, Mr.
President, and my colleagues and Senator Diaz,
that, you know, notwithstanding the issues
that you have raised regarding how people make
choices, what choices they make and who pays
for them, this issue is really not about that.
Because the fact of the matter is
41 percent of all of the abortions performed
in New York State are done so in New York
City. So your constituents certainly are
availing themselves, as well as mine.
But moreover, even if we do not
provide access to those services, they will
figure out how to get them, it's just that
they will have to pay for them in other ways.
And that is what we want to avoid. Not the
question of whether or not they will or that
you will prevent them from doing it, because
2291
they are -- we don't provide the funding.
They will do it. It's just at a greater
price.
Mr. President, I'm voting no to
this legislation.
ACTING PRESIDENT MORAHAN:
Senator Montgomery will be recorded in the
negative.
Continue the roll call.
THE SECRETARY: Senator Morahan.
SENATOR MORAHAN: Yes.
THE SECRETARY: Senator Nozzolio
voting in the affirmative earlier today.
Senator Onorato.
SENATOR ONORATO: Aye.
THE SECRETARY: Senator
Oppenheimer.
SENATOR OPPENHEIMER: To explain
my vote, Mr. President, if I may.
ACTING PRESIDENT MORAHAN:
Senator Oppenheimer, to explain her vote.
SENATOR OPPENHEIMER: I would
like to mention to Senator Diaz -- oh, he's
left -- that I believe nationwide the majority
of abortions are performed on married women.
2292
Because one of the problems that has been
found is that if your children are too closely
spaced, it can severely impact your -- the
woman's health. So that is a statistic I'll
be happy to search out for Senator Diaz.
For Senator Meier, I think I would
have to say that the people that are speaking
on behalf of this issue -- against this issue,
excuse me, are the very people that have
spoken out so loudly and clearly on issues
such as early childhood healthcare, early
childhood education, support for families that
need literacy training, that need job skills
development, that need education remediation.
We are the very people that want to see the
families of these poor women supported as much
as we possibly can.
So I don't think you have people
yelling at each other in this chamber. We
fully understand what each other is saying.
And we also understand we come from different
philosophies and different backgrounds. And I
have four nuns who come to see me every year
and say: "We have five issues to discuss, but
we won't discuss the first." And then we sit
2293
down and talk about the things that we can
work together on.
And I think that is something that
we see in this chamber. We try and work
together on both sides, coming from different
philosophies.
But I personally would hate to see
women delay this procedure because of a lack
of funds, have a less healthy opportunity for
a safe procedure, perhaps not in a safe and
clean environment. It worries me. And
therefore, I'll be voting against this.
And -- that's all.
ACTING PRESIDENT MORAHAN:
Senator Oppenheimer will be recorded in the
negative.
Continue to call the roll.
THE SECRETARY: Senator Padavan.
SENATOR PADAVAN: Yes.
THE SECRETARY: Senator Parker.
SENATOR PARKER: Mr. President,
if I can, on the bill.
ACTING PRESIDENT MORAHAN:
Senator Parker, to explain his vote.
SENATOR PARKER: It's interesting
2294
to me that earlier this year, a couple of
months ago, we were here and many folks on the
other side of the aisle talked very
patriotically about this country and about the
war and about veterans and about how important
it was for us to deal with antiterrorism
because we are Americans.
Many people in this chamber support
the troops and, you know, many of us supported
a war that was supposed to be about protecting
American freedoms.
But interestingly enough that we
are willing to go and bomb other countries to
protect American freedoms, but we're not
willing to cast a vote that will protect
freedom and particularly the freedom of choice
right here in this chamber.
I am appalled, because this is
really about not whether we think it's right
or wrong. We're not here to cast a moral
vote. We're here to cast a vote for equality,
to allow people access. And that's exactly
what this bill denies.
Mr. President, I'm voting no on
this bill because this bill is, one, out of
2295
step with what our Constitution has really set
up and what the U.S. Supreme Court in
Roe versus Wade has established, which is that
this is, you know, something that's legal.
And we should not try to make it illegal or
make it unaccessible by the actions that we
take here on the state level.
And so I'm asking my colleagues on
the other side of the aisle and my colleague
here on this side of the aisle to change your
votes, to vote for freedom, to vote for
democracy, and to vote for America.
Thank you. I'm voting no.
ACTING PRESIDENT MORAHAN:
Senator Parker will be recorded in the
negative.
Continue to call the roll.
THE SECRETARY: Senator Paterson.
SENATOR PATERSON: No.
THE SECRETARY: Senator Rath
excused.
Senator Robach.
SENATOR ROBACH: Yes.
THE SECRETARY: Senator Sabini.
SENATOR SABINI: Mr. President,
2296
to explain my vote.
ACTING PRESIDENT MORAHAN:
Senator Sabini, to explain his vote.
SENATOR SABINI: Whether or not
one agrees with the Supreme Court decision,
the fact of the matter is it's the law of the
land now that abortion is legal.
And in addressing Senator Farley's
remarks, I'd like to point out that I don't
want to be in a position where someone has to
come to my office and ask for help in
obtaining an abortion because they can't
afford it. I don't want to put a constituent
in that position.
I don't believe that a constituent,
a woman, would make that decision
capriciously. It's not plastic surgery. It's
not something that one would do very lightly.
And if someone is in a position of making that
decision and making that decision to seek an
abortion, I want them to have it as safely and
ably as they can.
And if they can't afford it, I
believe it's our responsibility to pay for it.
So I'll be voting no on this.
2297
Thank you.
ACTING PRESIDENT MORAHAN:
Senator Sabini will be recorded in the
negative.
Continue to call the roll.
THE SECRETARY: Senator Saland.
SENATOR SALAND: Aye.
THE SECRETARY: Senator Sampson.
(No response.)
THE SECRETARY: Senator
Schneiderman excused.
Senator Seward.
SENATOR SEWARD: No.
THE SECRETARY: Senator Skelos.
SENATOR SKELOS: Yes.
THE SECRETARY: Senator A. Smith.
ACTING PRESIDENT MORAHAN:
Senator Smith, to explain her vote.
SENATOR ADA SMITH: Thank you,
Mr. President.
I too believe very strongly that we
have a moral obligation to vote our
conscience. Therefore, I -- even more so
after hearing the Reverend Dr. Diaz -- realize
that we are morally responsible for our
2298
sisters, our sisters who cannot afford to have
the same luxuries that we may have under the
Constitution of this country.
Therefore, I will be voting no,
because every woman should have the right to
have the freedom of choice.
ACTING PRESIDENT MORAHAN: Thank
you, Senator. You will be recorded in the
negative.
Continue to call the roll slowly.
THE SECRETARY: Senator M. Smith
recorded in the negative earlier today.
Senator Spano.
SENATOR SPANO: No.
THE SECRETARY: Senator
Stachowski.
SENATOR STACHOWSKI: Yes.
THE SECRETARY: Senator Stavisky.
ACTING PRESIDENT MORAHAN:
Senator Stavisky, to explain her vote.
SENATOR STAVISKY: Mr. President,
I too believe in equality of opportunity for
everyone. And I vote no.
ACTING PRESIDENT MORAHAN:
Senator Stavisky will be recorded in the
2299
negative.
Continue to call the roll.
THE SECRETARY: Senator Trunzo.
SENATOR TRUNZO: Yes.
THE SECRETARY: Senator Velella.
SENATOR VELELLA: Yes.
THE SECRETARY: Senator Volker.
SENATOR VOLKER: Yes.
THE SECRETARY: Senator Wright
voting in the affirmative earlier today.
ACTING PRESIDENT MORAHAN: Call
the absentees.
THE SECRETARY: Senator C.
Kruger.
(No response.)
THE SECRETARY: Senator Sampson.
(No response.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 34. Nays,
24.
ACTING PRESIDENT MORAHAN: The
bill is passed.
SENATOR BALBONI: Mr. President.
ACTING PRESIDENT MORAHAN:
2300
Senator Balboni.
SENATOR BALBONI: Is there any
housekeeping at the desk?
ACTING PRESIDENT MORAHAN: There
is no housekeeping at the desk, Senator
Balboni.
SENATOR BALBONI: Then, Mr.
President, I would like to advise the Majority
members that there is a Majority conference
immediately following session.
And tomorrow there will be a
conference of the Majority in the Majority
Conference Room at 10:30, with session at
11:00 o'clock.
There being no further business, I
move that the Senate stand adjourned until
11:00 o'clock tomorrow morning.
ACTING PRESIDENT MORAHAN:
Senator Ada Smith.
SENATOR ADA SMITH: Thank you,
Mr. President.
There will be a Minority conference
tomorrow at 10:45 in the Minority Conference
Room.
ACTING PRESIDENT MORAHAN: Thank
2301
you.
There will be an immediate meeting
of the Majority in the Majority Conference
Room.
There will be a conference of the
Majority at 10:30 tomorrow morning, after
which session will resume. We are now in
adjournment until 11:00 o'clock tomorrow,
May 2nd.
(Whereupon, at 4:02 p.m., the
Senate adjourned.)