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.)