Tuesday, May 17, 1994

3700 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 17, 1994 10 4:46 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 3701 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Staff please take 4 their seats. Ask the members and the visitors 5 in the gallery to rise and join in the Pledge of 6 Allegiance. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 In the absence of clergy, I'd ask 10 that we all bow our heads in a moment of 11 silence. 12 (A moment of silence was 13 observed. ) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Monday, May 16th. The Senate met pursuant to 17 adjournment, Senator Cook in the Chair upon 18 designation of the Temporary President. The 19 Journal of Sunday, May 15th, was read and 20 approved. On motion, Senate adjourned. 21 ACTING PRESIDENT KUHL: Without 22 objection, the Journal stands as read. 23 Presentation of petitions. 3702 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Secretary will read. 5 THE SECRETARY: Senator Stafford 6 from the Committee on Finance, reports the 7 following nominations: 8 Member of the Board of Directors 9 of the Roosevelt Island Operating Corporation: 10 David M. Kraut, of New York City; Joseph Mendez, 11 of New York City, and Willard L. Warren, of 12 Roosevelt Island; 13 Member of the Thousand Islands 14 State Park Recreation and Historic Preservation 15 Commission: Gary L. Bouchard, of Ogdensburg; 16 Member of the Board of Directors 17 of the New York State Science and Technology 18 Foundation: Walter Robb, of Schenectady; 19 Member of the Board of Visitors 20 of the Creedmoor Psychiatric Center: Alfred 21 Koral, of Jamaica; 22 Member of the Board of Visitors 23 of the Elmira Psychiatric Center: Judith 3703 1 Phillips, of Watkins Glen; 2 Member of the Board of Visitors 3 of the Hudson River Psychiatric Center: Patria 4 Mestey-Perez, of Marlboro; 5 Member of the Board of Visitors 6 of the Manhattan Psychiatric Center: Wilhelmina 7 Roberts Wynn, of New York City; 8 Member of the Board of Visitors 9 of the Mohawk Valley Psychiatric Center: Paul 10 D. O'Brien, of Rome; 11 Member of the Board of Visitors 12 of the South Beach Psychiatric Center: Barbara 13 Irolla Panepinto, Esq., of Staten Island; 14 Member of the Board of Visitors 15 of the J. N. Adam Developmental Center: Anne 16 Ray, of South Dayton; 17 Member of the Board of Visitors 18 of the Bernard M. Fineson Developmental Center: 19 Charles Naroff, of Flushing; 20 Member of the Board of Visitors 21 of the Staten Island Developmental Disabilities 22 Services Office: Matteo L. Lumetta, of Staten 23 Island. 3704 1 ACTING PRESIDENT KUHL: Question 2 is on the confirmation of the nominees. All 3 those in favor, signify by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response. ) 7 The nominees are confirmed. 8 Reports of select committees. 9 Communications and reports from 10 state officers. 11 Motions and resolutions. Senator 12 DiCarlo. 13 SENATOR DiCARLO: Yes. Mr. 14 President, we're voting today on two resolutions 15 that I think are very important to this house. 16 One is on Armed Forces Day, and the other one is 17 on the 50th Anniversary of the Invasion of 18 Normandy. 19 I'd like -- I'd waive the reading 20 at the present time for the D-day resolution. 21 I'm told it will be read in its entirety on June 22 6th, but I'd like to open up both resolutions 23 for the members in the Senate. They are L. 3705 1 3650 for Armed Forces Day and L. 3649 for 2 D-day. 3 ACTING PRESIDENT KUHL: Senator 4 DiCarlo. You have a motion? 5 SENATOR DiCARLO: Mr. President, 6 I wish to call up Calendar Number 349, Assembly 7 Bill Number 8794-B, for Senator Velella. 8 ACTING PRESIDENT KUHL: Clerk 9 will read. 10 THE SECRETARY: By Senator 11 Velella, Senate Bill 5615-D, an act to amend the 12 Insurance Law. 13 SENATOR DiCARLO: I now move that 14 Assembly Bill 8794-B be recommitted to the 15 Committee on Rules and the original bill be 16 substituted on the calendar, and I offer the 17 following amendments. 18 ACTING PRESIDENT KUHL: 19 Substitution is reconsidered. The Senate bill 20 is recommitted, and the Assembly bill is 21 restored -- I'll get that right. We'll get this 22 right. The Assembly bill is recommitted and the 23 Senate bill is restored with amendments. 3706 1 Senator Holland. 2 SENATOR HOLLAND: I'd like to be 3 on those two resolutions, if I'm not. 4 ACTING PRESIDENT KUHL: Is there 5 a privileged resolution at the desk? 6 SENATOR HOLLAND: No, no, his two 7 resolutions, I'd like to be on those two. 8 Mr. President, amendments are 9 offered to the following Third Reading Calendar 10 bills: 11 By Senator Volker, page 16, 12 Calendar 475, Senate Print Number 6416; 13 By Senator Libous, page 32, 14 Calendar 849, Senate Print Number 6930-A; 15 By Senator Cook, page 39, 16 Calendar 925, Senate Print 5169-A; 17 By Senator Seward, page 42, 18 Calendar 950, Senate Print Number 7434; 19 By Senator Skelos, page 51, 20 Calendar 1014, Senate Print Number 6401-B; 21 And by Senator Velella, page 51, 22 Calendar 1018, Senate Print Number 7595. 23 ACTING PRESIDENT KUHL: So 3707 1 ordered on all bills. 2 Senator Cook. 3 SENATOR COOK: Mr. President, I 4 got a bunch of sponsor's stars we'd like to put 5 on: Senator Velella, Calendar 872; Senator 6 Bruno, Calendar 931; Senator Levy, 1006, 1010, 7 1028 and if you need a star to put on one of 8 those, you can take mine off from 416. 9 ACTING PRESIDENT KUHL: Sponsors' 10 stars ordered on all four bills, and one is 11 removed on Senator Cook's bill. 12 Senator DeFrancisco. 13 SENATOR DeFRANCISCO: I'd like to 14 take one of those stars to use on my bill 15 Calendar Number 1007. 16 ACTING PRESIDENT KUHL: Sponsor's 17 star is placed on your bill, Senator 18 DeFrancisco. 19 Senator Nozzolio. 20 SENATOR NOZZOLIO: Mr. President, 21 I'd like to place a star on my bill, Calendar 22 Number 980, Bill Number - 23 ACTING PRESIDENT KUHL: Sponsor's 3708 1 star on Calendar Number 980. 2 SENATOR NOZZOLIO: And, Mr. 3 President, I have a privileged resolution at the 4 desk. Ask its consent to be read. 5 ACTING PRESIDENT KUHL: You're 6 asking that the title be read, Senator Nozzolio? 7 SENATOR NOZZOLIO: Yes, Mr. 8 President. 9 ACTING PRESIDENT KUHL: Clerk 10 will read the title of the sponsor's resolution. 11 THE SECRETARY: Legislative 12 Resolution, by Senator Nozzolio, honoring the 13 Auburn Association of Life Underwriters upon the 14 occasion of the organization's 50th anniversary. 15 ACTING PRESIDENT KUHL: Question 16 is on the resolution. All those in favor, 17 signify by saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response. ) 21 The resolution is adopted. 22 Senator Present, we have a 23 substitution at the desk. 3709 1 SENATOR PRESENT: Do the 2 substitution, please. 3 THE SECRETARY: On page 9 of 4 today's calendar, Senator DeFrancisco moves to 5 discharge the Committee on Rules from Assembly 6 Bill Number 6116-A and substitute it for the 7 identical Calendar Number 1071. 8 ACTING PRESIDENT KUHL: 9 Substitution is ordered. 10 Senator Present. 11 SENATOR PRESENT: Mr. President, 12 I move that we adopt the Resolution Calendar 13 with the exception of Resolution 3542. 14 ACTING PRESIDENT KUHL: Question 15 is on the resolution calendar. 16 Senator Galiber. 17 SENATOR GALIBER: Yes, just a 18 slight interruption. In regard to Calendar 19 3623, that's the resolution, I'd like to just 20 open that up for whoever the sponsor -- whoever 21 would be willing to go on it as a sponsor. 22 That's a Galiber-Goodman, but it has to do, very 23 briefly, with the young lady who works in the 3710 1 district attorney's office who helped - 2 ACTING PRESIDENT KUHL: It's 3 Resolution 3623? 4 SENATOR GALIBER: That's correct, 5 yeah. 6 THE SECRETARY: Galiber-Goodman. 7 SENATOR GALIBER: Yes. 8 ACTING PRESIDENT KUHL: 9 Sponsorship on Resolution Number 3623 is open to 10 the members who would indicate to the clerk that 11 they would like to be co-sponsors. 12 Question is on the Resolution 13 Calendar. All those in favor, signify by saying 14 aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The Resolution Calendar is 19 adopted with the exceptions as noted. 20 Senator Present. 21 SENATOR PRESENT: Would you 22 recognize Senator Galiber, please. 23 ACTING PRESIDENT KUHL: The Chair 3711 1 recognizes Senator Galiber. 2 SENATOR PRESENT: Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Galiber waives at the present time. 5 Senator Present. 6 SENATOR PRESENT: Mr. President, 7 could we take up the non-controversial calendar. 8 ACTING PRESIDENT KUHL: Clerk 9 will read the non-controversial calendar. 10 SENATOR DiCARLO: Mr. President. 11 Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 DiCarlo. 14 SENATOR DiCARLO: Mr. President, 15 on behalf of Senator Libous, he'd like to star 16 Bill Numbers 847, 901, 932 and 987. 17 ACTING PRESIDENT KUHL: Sponsor's 18 stars placed on Calendar Numbers 901, 902 - 19 SENATOR DiCARLO: 901, 847, 932 20 and 987. 21 ACTING PRESIDENT KUHL: Sponsor's 22 stars are placed. 23 The Clerk will read the 3712 1 non-controversial calendar. 2 THE SECRETARY: On page 11 of 3 today's calendar, Calendar Number 304, by 4 Senator Goodman, Senate Bill Number 1622-C, an 5 act to amend the Social Services Law. 6 ACTING PRESIDENT KUHL: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 34. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 317, by Senator Skelos, Senate Bill Number 18 1985-C, an act to amend the Executive Law. 19 ACTING PRESIDENT KUHL: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 3713 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 36. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 583, by Senator Stafford, Senate Bill Number 8 439-B, an act to amend the Retirement and Social 9 Security Law. 10 ACTING PRESIDENT KUHL: Last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 37. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 712, by Senator Goodman, Senate Bill Number 22 7242, an act to amend the Executive Law. 23 ACTING PRESIDENT KUHL: Last 3714 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 38. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 746, by Senator Hannon. 12 SENATOR PRESENT: Lay it aside 13 for the day, please. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside for the day. 16 THE SECRETARY: Calendar Number 17 759, by Senator Holland, Senate Bill Number 18 3535, an act to relocate the Spring Valley Toll 19 Plaza of the New York State Thruway. 20 ACTING PRESIDENT KUHL: Read the 21 last section. 22 THE SECRETARY: Section 2 - 23 SENATOR LEICHTER: Lay aside. 3715 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside at the request of Senator Leichter. 3 THE SECRETARY: Calendar Number 4 818, by Senator Skelos, Senate Bill Number 5 6344-A, an act to amend the General Municipal 6 Law, in relation to authorizing an "early bird" 7 bingo game. 8 SENATOR PRESENT: Lay aside for 9 the day, please. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside for the day. 12 THE SECRETARY: Calendar Number 13 851, by Senator Libous, Senate Bill Number 7036 14 A, an act to amend the Mental Hygiene Law. 15 ACTING PRESIDENT KUHL: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 38. 23 ACTING PRESIDENT KUHL: The 3716 1 bill's passed. 2 THE SECRETARY: Calendar Number 3 904, by member of the Assembly Cahill, Assembly 4 Bill number 10090, an act to amend the Public 5 Health Law and the Vehicle and Traffic Law. 6 ACTING PRESIDENT KUHL: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 38. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 906, by Senator Tully, Senate Bill Number 7740, 18 an act to amend Chapter 483 of the Laws of 1978, 19 amending the Public Health Law. 20 ACTING PRESIDENT KUHL: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 3717 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 38. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 908, by Senator Levy, Senate Bill Number 1405, 9 an act to amend the Vehicle and Traffic Law. 10 SENATOR GOLD: Senator Levy, can 11 we have one day on this bill? 12 SENATOR LEVY: Absolutely. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside for the day. 15 THE SECRETARY: Calendar Number 16 909, by Senator Volker, Senate Bill Number 1778, 17 an act to amend the Parks, Recreation and 18 Historic Preservation Law. 19 ACTING PRESIDENT KUHL: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 3718 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 38. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 910, by Senator Levy, Senate Bill Number 5551, 8 an act to amend the Vehicle and Traffic Law, in 9 relation to making it a felony to operate a 10 school bus while under the influence of 11 alcohol. 12 ACTING PRESIDENT KUHL: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes for... ayes 20 39. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 3719 1 914, by Senator Levy, Senate Bill Number 7931, 2 an act to amend the Vehicle and Traffic Law, in 3 relation to the suspension and restoration of a 4 driver's license. 5 ACTING PRESIDENT KUHL: Last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 SENATOR GOLD: Lay it aside, 10 please. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 915, by Senator Wright, Senate Bill Number 7939, 15 an act to amend the Education Law and the Mental 16 Hygiene Law. 17 ACTING PRESIDENT KUHL: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 3720 1 THE SECRETARY: Ayes 39. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 916, by Senator Wright, Senate Bill Number 7947, 6 an act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT KUHL: Last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 42. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 918, by Senator Wright, Senate Bill Number 8373, 19 an act to amend Chapter 812 of the Laws of 20 1987. 21 ACTING PRESIDENT KUHL: Last 22 section. 23 THE SECRETARY: Section 2. This 3721 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 43. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 919, by Senator Skelos, Senate Bill Number 7372, 10 an act to amend the Executive Law. 11 ACTING PRESIDENT KUHL: Last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 43. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 920, by Senator Skelos, Senate Bill Number 7908, 23 an act to amend the Executive Law. 3722 1 ACTING PRESIDENT KUHL: Last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 44. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 922, by Senator Cook, Senate Bill Number 3034-A, 13 an act to amend the Executive Law, in relation 14 to state aid to rural areas. 15 ACTING PRESIDENT KUHL: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 SENATOR GOLD: Lay it aside, 22 please. 23 ACTING PRESIDENT KUHL: Lay the 3723 1 bill aside, please. 2 THE SECRETARY: Calendar Number 3 927, by Senator Skelos, Senate Bill Number 4 6538-C, Executive Law, in relation to reporting 5 duties with respect to missing children. 6 ACTING PRESIDENT KUHL: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 43, nays 14 one, Senator Kuhl recorded in the negative. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 928, by member of the Assembly Straniere, 19 Assembly Bill Number 9288, an act to amend 20 Chapter 759 of the Laws of 1973. 21 ACTING PRESIDENT KUHL: Read the 22 last section. 23 THE SECRETARY: Section 2. This 3724 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 46. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 934, by Senator Stafford, Senate Bill Number 10 7066, an act to amend the State Finance Law. 11 ACTING PRESIDENT KUHL: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 45, nays 19 one, Senator Kuhl recorded in the -- Senator 20 Kuhl recorded in the negative. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Also Senator 3725 1 Saland recorded in the negative on Calendar 2 Number 934. 3 Calendar Number 936, by Senator 4 Stafford, Senate Bill Number 7167, an act to 5 amend the State Finance Law. 6 ACTING PRESIDENT KUHL: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 45, nays 14 one, Senator Kuhl recorded in the negative. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 937, by member of the Assembly Colman, Assembly 19 Bill Number 10022, an act to amend Chapter 741 20 of the Laws of 1985. 21 ACTING PRESIDENT KUHL: Read the 22 last section. 23 THE SECRETARY: Section 2. This 3726 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 46. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 938, by Senator Stafford, Senate Bill Number 10 7328, an act to amend the Executive Law, in 11 relation to disclosure required at the time of 12 solicitation. 13 ACTING PRESIDENT KUHL: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 47. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 3727 1 939, by member of the Assembly Dinowitz, 2 Assembly Bill Number 10487, New York State 3 Printing and Public Documents Law. 4 ACTING PRESIDENT KUHL: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 47. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 940, by Senator Daly, Senate Bill Number 1095, 16 an act to amend the Environmental Conservation 17 Law. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 3728 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 46, nays 3 one, Senator Leichter recorded in the negative. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 944, by Senator Daly. 8 SENATOR DALY: Lay aside for the 9 day. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside for the day. 12 THE SECRETARY: Calendar Number 13 960, by the Assembly Committee on Rules, 14 Assembly Bill Number 8483, an act to amend the 15 General Obligations Law. 16 ACTING PRESIDENT KUHL: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 47. 3729 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 961, by Senator DiCarlo, Senate Bill Number 5 7577, proposing an amendment to the 6 Constitution. 7 ACTING PRESIDENT KUHL: Read the 8 last section. Oops! Excuse me. No last 9 section. Call the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 47. 12 ACTING PRESIDENT KUHL: The 13 resolution is adopted. 14 THE SECRETARY: Calendar Number 15 964, by Senator Goodman, Senate Bill Number 16 1257-A, an act to amend the Alcoholic Beverage 17 Control Law. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 3730 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 48. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 966, by Senator Skelos, Senate Bill Number 208 7 A, an act to amend the Vehicle and Traffic Law. 8 ACTING PRESIDENT KUHL: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 48. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 968, by Senator Wright, Senate Bill Number 7301, 20 an act to amend the Tax Law, in relation to 21 refunds for over-payment of highway use tax. 22 ACTING PRESIDENT KUHL: Read the 23 last section. 3731 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 48. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 979, by Senator Levy, Senate Bill Number 787-B, 11 an act to amend the Vehicle and Traffic Law. 12 ACTING PRESIDENT KUHL: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 48. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 985, by Senator DiCarlo, Senate Bill Number 3732 1 7767, Vehicle and Traffic Law, in relation to 2 special distinctive license plates for New York 3 veterans. 4 ACTING PRESIDENT KUHL: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 49. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 988, by Senator Wright, Senate Bill Number 7417, 16 Education Law, in relation to apportionment of 17 aid to certain reorganizing school districts. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 SENATOR WRIGHT: Lay that aside 21 for the day, please. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside for the day. 3733 1 THE SECRETARY: Calendar Number 2 991, by Senator Maltese, Senate Bill Number 3 3265-A, an act to amend the Social Services 4 Law. 5 ACTING PRESIDENT KUHL: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 49. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: I'm sorry. In 16 relation to Calendar Number 941, ayes 48, nays 17 one, Senator Galiber recorded in the negative. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1001, by Senator Levy, Senate Bill Number 785, 22 an act to amend the Vehicle and Traffic Law, 23 making technical corrections. 3734 1 ACTING PRESIDENT KUHL: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 50. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1002, by Senator Cook, Senate Bill Number 2551, 13 an act to amend the Highway Law, in relation to 14 the definition of the Southern Tier Expressway. 15 ACTING PRESIDENT KUHL: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 50. 23 ACTING PRESIDENT KUHL: The bill 3735 1 is passed. 2 THE SECRETARY: Calendar Number 3 1005, by Senator Lack, Senate Bill Number 4 4044-A, an act to amend the Public Authorities 5 Law. 6 ACTING PRESIDENT KUHL: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect - 10 SENATOR GOLD: Lay it aside. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 1008, by Senator Oppenheimer, Senate Bill Number 15 5112, an act to amend the Vehicle and Traffic 16 Law. 17 ACTING PRESIDENT KUHL: There's a 18 home rule message at the desk. Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 3736 1 (The Secretary called the roll. ) 2 SENATOR DOLLINGER: Can I explain 3 my vote? 4 ACTING PRESIDENT KUHL: Sure. 5 Call the roll. 6 (The Secretary called the roll. ) 7 ACTING PRESIDENT KUHL: Senator 8 Dollinger to explain his vote. 9 SENATOR DOLLINGER: Mr. 10 President, I just rise -- I understand what is 11 my colleague, Senator Oppenheimer's intent 12 behind this bill. I support this. 13 The people in Corn Hill and 14 downtown city of Rochester have been waiting for 15 a residential permit parking, I think, for about 16 a decade. Jack Perry carried the bill before I 17 did. It hasn't been acted on. If we're going 18 to do this, I think we ought to do it fair and 19 square across the state. 20 So I'm voting no until such time 21 as the people in Rochester get the same treat 22 ment as the people in Rye and other places 23 across this state. 3737 1 ACTING PRESIDENT KUHL: Announce 2 the results. Senator Dollinger in the negative. 3 THE SECRETARY: Ayes 49, nays 4 one, Senator Dollinger recorded in the 5 negative. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1012, by Senator Maltese, Senate Bill Number 10 5924, an act to amend the Vehicle and Traffic 11 Law. 12 ACTING PRESIDENT KUHL: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 50. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1013, by Senator DeFrancisco, Senate Bill Number 3738 1 6393-A, an act to amend the Vehicle and Traffic 2 Law, in relation to license plates of rental 3 vehicles. 4 ACTING PRESIDENT KUHL: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 50. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1019, by Senator Levy, Senate Bill Number 7903, 16 an act to amend the Vehicle and Traffic Law. 17 ACTING PRESIDENT KUHL: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 3739 1 THE SECRETARY: Ayes 49, nays 2 one, Senator Cook recorded in the negative. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1022, by Senator Levy, Senate Bill Number 7946, 7 an act to amend the Vehicle and Traffic Law, in 8 relation to proof of repair of defective 9 equipment. 10 ACTING PRESIDENT KUHL: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 50. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1023, by Senator Levy, Senate Bill Number 7991, 22 an act to amend the Vehicle and Traffic Law. 23 ACTING PRESIDENT KUHL: Read the 3740 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 50. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 SENATOR PRESENT: Did we call the 11 vote on this one yet? 12 ACTING PRESIDENT KUHL: Yes. 13 SENATOR PRESENT: Reconsider the 14 vote. 15 ACTING PRESIDENT KUHL: On the 16 motion for reconsideration of the vote by which 17 this bill was passed, the clerk will call the 18 roll. 19 (The Secretary called the roll on 20 reconsideration. ) 21 THE SECRETARY: Ayes 50. 22 SENATOR PRESENT: Lay it aside 23 for the day, please. 3741 1 ACTING PRESIDENT KUHL: Bill is 2 laid aside for the day. 3 SENATOR LEVY: Mr. President can 4 we star 1023. 5 ACTING PRESIDENT KUHL: Senator 6 Levy, we'll place a sponsor's star on Calendar 7 Number 1023. 8 SENATOR PATAKI: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Pataki. 11 SENATOR PATAKI: I'd request 12 unanimous consent to be recorded in the negative 13 on Calendar Number 934. 14 ACTING PRESIDENT KUHL: Without 15 objection, Senator Pataki will be recorded in 16 the negative on Calendar Number 934. 17 THE SECRETARY: Calendar Number 18 1025, by member of the Assembly A. Greene, 19 Assembly Bill Number 9241, Vehicle and Traffic 20 Law, in relation to requiring bicycle helmets. 21 ACTING PRESIDENT KUHL: Clerk 22 will read the last section. 23 THE SECRETARY: Section 2. This 3742 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 47, nays 3, 6 Senators Cook, Johnson and Rath recorded in the 7 negative. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1026, by Senator Levy, Senate Bill Number 8183, 12 an act to amend the Vehicle and Traffic Law, in 13 relation to preferential use lanes. 14 ACTING PRESIDENT KUHL: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 52. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 3743 1 THE SECRETARY: Calendar Number 2 1027, by Senator Levy, Senate Bill Number 8228, 3 Vehicle and Traffic Law, and the General 4 Business Law, in relation to bicycle helmets. 5 ACTING PRESIDENT KUHL: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 52. 13 ACTING PRESIDENT KUHL: The 14 bill's passed. 15 THE SECRETARY: Calendar Number 16 1029, by Senator Levy, Senate Bill Number 8301, 17 an act to amend the Vehicle and Traffic Law, in 18 relation to requirement to mandate full resident 19 address. 20 ACTING PRESIDENT KUHL: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 3744 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 52. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1030, by Senator Levy, Senate Bill Number 8302, 9 an act to amend the Vehicle and Traffic Law. 10 ACTING PRESIDENT KUHL: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1030 are 19 Senators DeFrancisco, DiCarlo, Kuhl, Rath and 20 Spano, also Senator Larkin, also Senator Daly, 21 also Senator Sears -- wait a minute. 22 Those recorded in the negative on 23 calendar -- those recorded in the negative on 3745 1 Calendar Number 1030 are Senators Cook, Daly, 2 DeFrancisco, DiCarlo, Kuhl, Larkin, Libous, 3 Maltese, Present, Rath, Sears, Seward, Spano, 4 Stafford and Wright. Ayes -- also Senator 5 Saland. Ayes 36, nays 16. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Senator Present, that completes 9 the non-controversial calendar. 10 SENATOR PRESENT: Mr. President, 11 can we return to motions and resolutions and 12 would you recognize Senator Galiber, please. 13 SENATOR GALIBER: Yes, thank you, 14 Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Galiber. 17 SENATOR GALIBER: And thank you 18 for the consideration. Resolution 3542 was the 19 one which was set aside for -- for my benefit 20 and, Mr. President, would you have that 21 resolution, if it's in order, to be read in its 22 entirety. 23 ACTING PRESIDENT KUHL: Clerk 3746 1 will read the resolution. 2 THE SECRETARY: Legislative 3 Resolution, by Senator Galiber, commemorating 4 the 40th Anniversary of the Landmark Decision in 5 Brown versus the Board of Education, Topeka, 6 Kansas, upon the occasion of a Discussion with 7 the renowned Brown Family at the New York State 8 Museum in Albany, New York, on May 20th, 1994. 9 WHEREAS, it is the sense of this 10 legislative body that those who give positive 11 definition to the profile and disposition of 12 their communities do so profoundly strengthen 13 our shared commitment to the exercise of 14 freedom; 15 Attendant to such concern and 16 fully in accord with its long-standing 17 traditions, it is the intent of this legislative 18 body to commemorate this 40th anniversary of the 19 landmark decision of Brown versus the Board of 20 Education, Topeka, Kansas and commend the 21 courage and integrity of the brave men and women 22 who fought at great personal and professional 23 risk the doctrine of "separate but equal"; 3747 1 To commemorate this landmark 2 decision, the New York African-American Research 3 Foundation of the University of the state of New 4 York is presenting a symposium and lecture, 5 including a discussion with the renowned Brown 6 family, entitled "A Matter of Access and 7 Equity," at the New York State Museum Cultural 8 Education Center in Albany, New York on May 20, 9 1994; 10 Having grown up in a country 11 which did not socially acknowledge its inherent 12 equality and having seen the effects of the 13 prejudice upon the community, Charles Houston 14 dedicated his life to a cause which inspired the 15 founders of this country, that of equality and 16 freedom; 17 Armed with this vision and an 18 intimate knowledge of the law, Charles Houston 19 took the position of vice dean of Howard Law 20 School in 1929, where he was able to train an 21 impressive legal team similarly devoted to the 22 cause of equality; 23 Although Houston was unable to 3748 1 see the fruits of his labors in his lifetime, 2 the strategy which he developed was carried 3 through by his students, most notably Thurgood 4 Marshall; his leadership melded together an 5 impressive legal team which simultaneously tried 6 numerous segregation cases, each carefully 7 constructed to prove that the presence of 8 segregated schools grossly denied the 9 constitutional claim to equal rights for all 10 citizens; 11 In 1954, the goals of this team 12 were finally realized in the decision of Brown 13 versus the Board of Education, Topeka, Kansas; 14 in a unanimous decision, the Supreme Court over 15 turned the legal basis for segregation and said, 16 in the words of Chief Justice Earl Warren, "We 17 conclude that, in the field of public education, 18 the doctrine of 'separate but equal' has no 19 place. Separate educational facilities are 20 inherently unequal. Therefore, we hold that the 21 plaintiffs and others similarly situated for 22 whom the actions have been brought are, by 23 reason of the segregation complained of, 3749 1 deprived of the equal protection of the laws 2 guaranteed by the Fourteenth Amendment..."; 3 The victory of those who fought 4 this battle against injustice acted as a cata 5 lyst to highlight the issues of civil rights 6 within the national consciousness, reinvigorat 7 ing our nation's ongoing struggle to achieve 8 equality and freedom; 9 NOW, THEREFORE, BE IT RESOLVED 10 that this legislative body pause in its 11 deliberations to commend the brave men and women 12 who so ardently fought for the cause of justice 13 and commemorate the anniversary of the ruling of 14 Brown versus the Board of Education, Topeka, 15 Kansas, and 16 BE IT FURTHER RESOLVED that 17 copies of this resolution, suitably engrossed, 18 be transmitted to the New York African-American 19 Research Foundation, State University of New 20 York, and the Brown family. 21 ACTING PRESIDENT KUHL: Senator 22 Galiber on the resolution. 23 SENATOR GALIBER: Thank you, Mr. 3750 1 President. 2 Last week some of us recall the 3 historical event that happened in South Africa 4 and, at that time, Mr. President, I had thought 5 seriously about joining those resolutions 6 because there is a comparison to be made and, in 7 a sense, something which happened some time ago 8 in our country emphasized the fact that 9 apartheid was here first in this country of ours 10 and those of us recalled that in 19 -- 1857, the 11 Dred Scott decision. We must go back in history 12 a bit to fully appreciate what this Board of 13 Education -- Brown versus the Board of Education 14 is really all about. 15 In 1857, Judge Tenney, Chief 16 Judge, talked about citizenship and, up until 17 that particular time, this horrible decision 18 which said to us that there were some in our 19 communities and in our country who do not -- are 20 not recognized as citizens of this great nation; 21 and all of us can recall the Preamble: We, the 22 people of the United States, in order to form a 23 more perfect Union, establish justice and ensure 3751 1 domestic tranquility, provide for the common 2 defense, promote the general welfare and secure 3 the blessings of liberty for ourselves and our 4 prosperity, do ordain and establish this 5 Constitution for the United States of America. 6 Preamble of a great, great instrument. 7 Built into that instrument, 8 however, was some question as to whether we were 9 dealing with all citizens, and those of us who 10 recall our history, not to take you through a 11 course in constitutional law -- certainly not 12 qualified to do so -- recognize that there was a 13 segment of our community which was not included, 14 and that we talked about three-quarters of a 15 person, of a citizen; yet there was some hope 16 until this decision because it wasn't clear, we 17 weren't sure that three-quarters of a person or 18 a citizen for tax purposes really was in the old 19 days a set aside which we argue about, whether 20 it was a form of affirmative action, but we set 21 aside a particular group of people. That's a 22 set aside and it happened way back then. 23 But Judge Tenney said in his 3752 1 decision, "citizens" and he used two criteria 2 and in his criteria, he said Americans, persons 3 who were born here, they're O.K., and those 4 persons who came along thereafter who migrated 5 were O.K., but he made it crystal clear that 6 citizens of color were not included, and we had 7 that decision to live with for a long, long 8 while, and we were talking about the foundation 9 for institutional racism which has been a mark 10 upon this great nation of ours for so many 11 years. 12 Then came along some years later 13 the Fourteenth Amendment, and we started talking 14 about three categories of citizen. There was 15 some question there, and we finally came to the 16 conclusion that there was still some hope, but 17 by then the damage was done. 18 "Apartheid" means simply a 19 separation and, if you look to the definition, 20 it's a racial segregation, specifically a policy 21 of segregation and political and economic 22 discrimination against non-European groups in 23 the Republic of South Africa. And interestingly 3753 1 enough, that was coined in 1947 and the decision 2 I make reference to, the Dred Scott decision, 3 was 1857. So we started it, ladies and 4 gentlemen, this horrible notion of apartheid. 5 So today as we celebrate, if you 6 will, that on May 17th, 1954, Mr. President, 7 exactly four decades ago, the Supreme Court 8 handed down its decision in Brown versus the 9 Board of Education, and they were telling states 10 and localities they could no longer maintain 11 school systems that separated pupils by race, 12 and the court's reasoning, simply stated, was 13 that schools set aside for African-Americans 14 would always be inferior, and this did not 15 result from deficiency in terms of facilities, 16 although that was un... was usually the case. 17 Even if separate schools for 18 African-Americans were well financed showcases, 19 that would not have solved the problem. The 20 crucial fact, as the court saw it, was that 21 segregation based on race sent the message to 22 black children that whites did not want them in 23 their schools and that exclusion, the justices 3754 1 concluded, generates a feeling of inferiority as 2 to their status in the community that may affect 3 their hearts and minds in a way unlikely ever to 4 be undone. 5 The Supreme Court decision in 6 Brown versus the Board of Education was an 7 acknowledgement of conditions which had plagued 8 the nation's African-American population since 9 the Civil War and before. It was a hard-won 10 victory, one in which those fighting the battle 11 stood to lose all, from the lawyers arguing 12 against the societal ills to the children around 13 whose situations the case was argued, to the 14 communities which would need to find a means to 15 survive after the fighting in the European 16 American community which they had to interact 17 with on a daily basis. 18 Despite the odds, the persons of 19 courage took up the battle which, fueled by the 20 energy of those at the grass roots, the people 21 who daily faced the evils of discrimination, 22 channeling through their leadership of the NAACP 23 and the Legal Defense, they asked to show that 3755 1 separate schools would never be equal and those 2 fighting this battle had to prove legally what 3 was already known socially, that the 4 consequences of segregation, the psychological, 5 the intellectual and the financial damage 6 precluded equality. 7 The Legal Defense Fund lawyers 8 called on the NAACP officers to gather cases 9 from around this great nation to use as 10 ammunition for the constitutional cannon they 11 were about to fire. They wanted cases from 12 different states and different situations, a 13 broad attack, to make it harder for the court to 14 hand down a decision limited to a particular 15 case. 16 With 2.2 million African-American 17 students in the nation, all African-American 18 elementary schools, certainly the search did not 19 take long. The inequalities which occurred as a 20 result of separation, which apparently even the 21 most casual observers could take notice of in 22 some school districts in the country, the 23 disparities between the amount of money spent on 3756 1 European-American children was over four times 2 greater than that spent on African-American 3 children, overcrowding of our children in 4 African-American schools, left these children 5 with a pupil ratio of 40 to 1 compared to 20 to 6 1 for the European-American schools. 7 In addition, facilities were 8 rarely comparable. Simple things such as 9 gymnasiums and libraries were often in 10 accessible to the African-American children. To 11 argue that equality was theoretically possible 12 was to ignore the significance of a fact of 13 racism, that even were it financially possible 14 to provide separate and truly equal educational 15 opportunities, money for this cost would be 16 grudgingly, if at all, given by the dominant 17 European-American society. 18 The costs of racism, however, 19 were far more invidious than simple monetary 20 inequality. Psychologically the effects of 21 segregation took an enormous toll on the 22 children who lived within its boundaries. The 23 signal sent by a society which forbid the 3757 1 mingling of races was heard and interpreted by 2 African-American children in the only way it 3 could be, that they must be bad, less worthy or 4 not nice, and a series of sociological 5 experiments by Kenneth Clark on the self-image 6 of African-American children as related to their 7 race confirmed this fact. 8 Self-image naturally correlates 9 to the limits which a child sets for himself or 10 herself, so that by telling the child that he or 11 she was inferior, society also told the child 12 that she was incapable or he was incapable of 13 knowing certain things, incapable of learning 14 certain things, and after being told this many 15 times, the child becomes less likely to learn 16 and, with these and other arguments in mind, the 17 NAACP built its strategy and within the many 18 cases that the NAACP and the Legal Defense Fund 19 tried in an attempt to chip away, if you will, 20 at the legal basis of "separate but equal" was a 21 case concerning a 7-year-old girl named Linda 22 Brown. 23 Linda Brown lived in the town 3758 1 called Topeka, Kansas and had to cross railroad 2 tracks in a nearby switching yard and, in the 3 switching yard each day she took that trip to 4 get to school and this rickety bus would take 5 her to an African-American school. 6 Now, this wasn't the worst that 7 African-American children had to endure, but her 8 father was fed up with his child having to go to 9 school -- go to school across the tracks when 10 there was a school much closer to home, a 11 European-American school. The argument argues, 12 if you will, around Linda Brown was clear that 13 separate could never be equal regardless of 14 equality and resources or facilities. 15 Finally, the court did concur 16 and, with the arguments presented by the 17 plaintiffs and as the Chief Justice Earl Warren 18 noted in the court's decision, "To separate 19 African-American children from others of similar 20 age and qualification solely because of their 21 race generates a feeling of inferiority as to 22 their status in the community that may affect 23 their hearts and minds in a way very unlikely to 3759 1 be undone, and we conclude unanimously that in 2 the field of public education, the doctrine of 3 "separate but equal" has no place. Separate 4 educational facilities are inherently unequal." 5 In reaching this decision, the 6 court knew, and those fighting for the cases 7 knew that it would have a far-reaching impact on 8 American society. The rebuttal of the doctrine 9 of "separate but equal" in the schools led the 10 way for the demise of legal segregation in the 11 nation as a whole. 12 Similarly de facto segregation 13 was recognized, and the initial steps taken 14 against it. In all, this case served as a 15 catalyst by which issues of civil rights were 16 highlighted within the nation's consciousness, 17 reinvigorating our nation's ongoing struggle to 18 achieve equality and freedom. 19 So my colleagues, as we pause 20 today, we need to reflect, to reflect on the 21 sacrifices made by the individuals who made 22 these valuable contributions to the cause of 23 equality and freedom in the United States. 3760 1 In commemorating their victory, 2 we must remember that there is still much work 3 to be done to continue the struggle for which 4 they sacrificed so much and, even today, true 5 equality between races eludes us. Even today, 6 children are separated, if not by law, then 7 socially, economically and historically. We 8 must now focus our efforts toward achieving 9 balance in these areas so that all individuals 10 in society may contribute to the greatness 11 which, if presently unrealized, can be achieved 12 for this state and nation. 13 In this way we can remain true to 14 the legacy of the brave men and women who have 15 gone before us together. 16 Mr. President, I thank you and I 17 suggest that the resolution be open for all 18 those who are desirous of sharing this very 19 important day in this great history of the 20 country. 21 Thank you. 22 ACTING PRESIDENT KUHL: The Chair 23 recognizes Senator Present. 3761 1 SENATOR PRESENT: Why not use the 2 procedure we've used in the past and add every 3 body's names except those who have declined. 4 ACTING PRESIDENT KUHL: Everybody 5 will be placed on the resolution except those 6 people who would like to indicate to the clerk 7 that they don't wish to be on the resolution. 8 The Chair would recognize Senator 9 Espada on the resolution. 10 SENATOR ESPADA: Thank you, Mr. 11 President. 12 Like Senator Galiber, I would 13 like to rise to reflect back on last week's 14 bipartisan resolution which celebrated the birth 15 of a nation on the continent of Africa. We saw, 16 of course -- we were witness to history -- where 17 a segregated society finally decided to create 18 for itself a new moral authority, a new moral 19 force to guide its future, and many supporters 20 of that resolution hoped aloud that somehow the 21 influence would travel 8,000 miles and impact 22 upon the United States of America, New York 23 State and certainly in these chambers, and we 3762 1 wait. 2 Today, we commemorate a landmark 3 Supreme Court decision that 40 years ago 4 outlawed racially segregated schools. I, as a 5 youngster in the South Bronx, first learned 6 about this decision at P.S. 157. I have a 7 constituent Harry Briggs, Jr. His daughter 8 attends 157, the same school that I attended. 9 When I attended, we had about 20 to 22 students 10 in the classroom, some African-American, some 11 Puerto Rican Latinos, and some whites. Today 12 the daughter of my constituent Harry Briggs, 13 whose father, Harry Briggs, Sr., filed a lawsuit 14 in Summerton, South Carolina in 19 -- the early 15 1950s, and was the lawsuit that a young lawyer, 16 Thurgood Marshall, first used to make his 17 argument before the federal court that separate 18 education was inherently unequal, today the 19 great -- the granddaughter of Mr. Briggs who 20 attends 157, attends 157 with about 30 to 35 21 children in her classroom, none white. 22 To say that we've gone backwards 23 would be an under... an understatement. We have 3763 1 gone backwards, Mr. President, not solely 2 because our children cannot read or write, not 3 solely because the state educational formula 4 penalizes these children year in and year out 5 for being poor, but we, I think, most 6 regrettably have to take note of the fact that 7 throughout New York State and throughout this 8 country, but more focused on New York State, New 9 York State has the most segregated school system 10 in this nation where 85 percent of African 11 American students attend minority schools with 12 no whites enrolled in that school. 13 Hispanic Latino, Puerto Rican 14 students are perhaps the most segregated in that 15 certain linguistic cultural barriers have been 16 erected to create that isolation and alienation, 17 and while I maintain the ideal and the hope that 18 we can have mixed -- racially mixed schools, 19 economically mixed schools, I'd like to just 20 focus in on some reality checks. 21 This Senator from the South Bronx 22 would settle, in commemorating this 40th anni 23 versary, for an educational aid formula that 3764 1 recognizes -- truly recognizes -- need, poverty, 2 in the children of districts like the South 3 Bronx but all throughout the state, rural, 4 suburban, inner city, but after we get through 5 with fair resource allocation, let's just 6 reflect on one thing, that the cruelest thing of 7 all is that there are white children attending 8 white schools throughout this state and this 9 country that think that that's O.K., and I think 10 that bears more than reflection. It bears a 11 heavy burden on us to correct that, because I 12 was enriched by the diversity in my classroom, a 13 diversity that this young lady that I make 14 reference to, Miss Briggs, does not enjoy and, 15 quite honestly, given the demographics of the 16 area in New York City and the way we're headed, 17 will not enjoy. 18 What makes people in the early 19 1950s, before that and certainly now, brave in 20 this fashion without cause is the real issue if 21 we're going to correct this matter. I think, in 22 commemorating this decision, this Supreme Court 23 decision, we have to take note of the fact that 3765 1 we have the law on our side theoretically, that 2 things haven't changed. 3 I don't blame this on suburbia. 4 I don't blame this on the Republican Senate 5 Majority. I have, in the Bronx side by side, 6 school boards where they're scandal-ridden, 7 where minority parents, people that look like me 8 and others on the Democratic side of this aisle, 9 they have all the controls. They have 10 mismanaged; they have corrupted school systems, 11 so in no way am I pointing fingers. I think 12 we've all failed our children in one degree or 13 another, but some of us are in a better position 14 to change things than others. 15 Racism permeates not just our 16 educational institutions, Mr. President. It's 17 worse than that. Last week a colleague of mine 18 in the Assembly, Assemblyman Ramirez, held 19 hearings on discrimination in the provision of 20 health services in major hospitals in New York 21 City, to wit., we had Mount Sinai as the case in 22 point, and Mount Sinai had a practice that ended 23 recently, we're told, wherein maternity patients 3766 1 who had a certain type of insurance, say 2 Medicaid, were housed in one floor and patients 3 that had, quote, "private insurance" were housed 4 in another floor. We were led to believe, as 5 bad as it was, it was simply discrimination on 6 the basis of payment method. But the harsh 7 reality of it was that, given a lawsuit that was 8 filed recently by five African-American 9 maternity patients who had private insurance and 10 yet were steered to go to the Medicaid wing and 11 were not provided with the kind of patient 12 education and health care services that the 13 so-called private patients usually receive, had 14 filed that lawsuit, had brought right in front 15 of us hard evidence that, in fact, this practice 16 of separate and unequal, this practice of 17 ascribing inferior status to people on the basis 18 of who they are, racially and economically, is 19 still alive and well. 20 And so, in commemorating both 21 last week's resolution and this week's 22 resolution, I say that the best that we can do 23 is not to continue to pass resolutions but, in 3767 1 fact, I'd like to be as realistic and as 2 practical as anybody else. 3 I will settle, to summarize, for 4 a good and solid and fair educational aid 5 formula that would benefit my district and the 6 children who live in it, and I would also hope 7 that by virtue of these resolutions and the 8 things that we can actually do by way of law, by 9 way of budgetary priorities, that we would make 10 room to pass some legislation, implement some 11 programs that support family life and do not 12 destroy family life, that reward parity and 13 don't make it more difficult on parents to bring 14 their children up in a manner that we would all 15 be proud. 16 I think, and I fear that we will 17 find examples of legislation that would do the 18 opposite. Unfortunately, we'll have to get up 19 again. We'll have to put up our guard against 20 those efforts, but we should truly be ashamed in 21 this day and age we can support resolutions like 22 this and actually behave in ways that are 23 totally against the spirit and the law that we 3768 1 commemorate today. 2 Thank you so much. 3 ACTING PRESIDENT KUHL: The Chair 4 recognizes Senator Dollinger on the resolution. 5 SENATOR DOLLINGER: Mr. 6 President, I rise just in very brief echo of the 7 comments made by my colleague, Senator Galiber, 8 and my colleague, Senator Espada. 9 I only disagree with Senator 10 Espada about one thing, and that is it's my 11 personal, political and practical opinion that 12 the vision that you have of a school system in 13 this state that will achieve the dream of Brown 14 against the Board of Education, one that is not 15 separate but equal, but one that is uniformly 16 equal and high quality across the board, it is 17 my political opinion that that will not happen 18 here because the critical piece that's missing 19 is that those who have been excluded from the 20 political process will not have the political 21 power to make that happen, and that's why what 22 Brown against the Board of Education celebrates 23 is the constitutional framework in which we 3769 1 establish the principle that we would create 2 equal opportunity, we would create due process, 3 we would create a system in which we recognize 4 that the minority populations -- and we are all 5 at some time in our lives in that minority 6 populations when we have a traffic ticket, by 7 virtue of our religion, by virtue of our 8 ethnicity; at one time or another almost 9 everybody in this country has been in that 10 posture -- but it seems to me that what we 11 celebrate today is a constitutional system which 12 recognizes that there are certain fundamental 13 rights which transcend the legislative process, 14 and I reflect on Brown against the Board of 15 Education and realize that it was the brilliance 16 and the insight of the Supreme Court that took 17 the message of the Fourteenth Amendment to 18 heart, struck down a system for which there was 19 no constitutional requirement, but used their 20 own judgment and their own vision of what the 21 Constitution really meant, to strike down a 22 system that was no longer consistent with it. 23 It's that vision created by 3770 1 judges interpreting a Constitution that drove 2 away separate but equal, not a standing 3 Legislature, and that's the problem with our 4 entire system of government is that the minority 5 participation in those decisions by virtue of 6 the fact that it is a minority, it doesn't have 7 the majority political power to transform the 8 landscape. 9 So while I share your vision for 10 the school system in this state, it is my 11 personal reflection that it will happen because 12 of the constitutional principles set by the 13 people of this state, those broad principles in 14 which we recognize the quality of opportunity. 15 That is what will result in the creation of a 16 fair, truly equal, truly broad-based school 17 system and a truly broad-based fair opportunity 18 for all of us. 19 While I believe our conscience 20 should drive us to be in that position in this 21 Legislature, it is my personal opinion it will 22 happen much as it did in the Brown against the 23 Board of Education because of our constitutional 3771 1 principles and not because of our legislative 2 action. 3 It's those broad constitutional 4 principles that I celebrate today and when I 5 reflect upon Brown against the Board of 6 Education, I celebrate what was done by Earl 7 Warren in bringing nine votes to the table to 8 declare that a system of separate but equal had 9 no place in a Constitution that recognized 10 equality of opportunity for all, and that 11 constitutional system that I, as a lawyer, 12 celebrate today, it was vindicated in Brown 13 against Board of Education. 14 It changed something that the 15 legislatures would never have changed, and 16 that's what we celebrate today, the principles 17 it encompasses and the constitutional system set 18 up with great vision by our forefathers. 19 ACTING PRESIDENT KUHL: The Chair 20 recognizes Senator Connor. 21 SENATOR CONNOR: Thank you, Mr. 22 President. 23 I want to thank Senator Galiber 3772 1 for bringing this resolution to the floor and 2 causing, and I think we all probably have 3 personal recollections. I remember being nine 4 years old and having a touch of a virus on 5 Monday morning, and I wasn't in school in May 6 and watching TV, which program was interrupted 7 late in the morning with the news of what the 8 Supreme Court -- I remember it being happy, 9 because I was of the political opinion that 10 segregation was wrong and I could never concede 11 from the time I first learned of it that there 12 was a legal system in place anywhere in this 13 country that enforced segregation. 14 Subsequently, in my studies as a 15 lawyer, I had occasion to look quite a bit into 16 the history of this case, the people who made it 17 happen, a fine young lawyer named Thurgood 18 Marshall, who went on literally to become one of 19 the legal icons of this century, not just for 20 his people, but for all Americans, and the 21 argument -- somehow we may have forgotten the 22 case was actually argued twice, Marshall against 23 John Davis, and the Chief Justice died, the case 3773 1 was put over to the next term for re-argument. 2 It was argued once again. 3 Fascinating evidentiary record, 4 if you ever read the studies that Dr. Clark did 5 with dolls, with young children and dolls, it 6 would bring tears to your eyes because, as 7 Senator Galiber pointed out, it demonstrated the 8 kind of self-images that African-American 9 children had, not because they were born with 10 it, because this society laid it on them; and I 11 think it's been quite a 40 years. 12 Brown versus Board of Education 13 dealt with the school systems, but it dealt with 14 more. It was a moral statement about 15 segregation, and subsequent to that everything 16 from segregated buses to luncheon counters, to a 17 segregated way of life in large parts of America 18 vanished certainly as a legal entity and in many 19 places vanished as a reality, although there 20 remains much work to be done. 21 I think the most significant 22 thing about Brown versus Board of Education, and 23 I think we can all remember when President 3774 1 Eisenhower sent federal troops to Little Rock, 2 when federal marshalls went to Alabama, there 3 was massive resistance particularly in the south 4 to the principles set down by Brown versus the 5 Board of Education, and I think the most 6 gratifying thing that I've seen was to recently 7 read a poll that was done just in the last few 8 weeks on the 40th anniversary, that found the 9 overwhelming majority of Americans, in the 80s, 10 high 80 percents, support and applaud Brown 11 versus the Board of Education, and in the south, 12 I think it was some 68 percent of those polled 13 had a positive reaction and were glad for this 14 decision and supported its principles at least 15 as a political statement. 16 I think that's very, very 17 important because it does show something that I 18 think I mentioned last week when we had the 19 Mandela resolution, that in freeing some of the 20 people, the principles laid down by this case 21 and the people who followed in the civil rights 22 movement, in effect, freed everyone, the 23 oppressors as well as the oppressed. 3775 1 In a large step for democracy and 2 freedom for all Americans, not just those who 3 were enclosed in segregation, but those who were 4 its ostensible beneficiaries have actually been 5 lifted out of that and we have a far better 6 country that we live in now, albeit much remains 7 to be done. 8 So I applaud, again, Senator 9 Galiber for this moment to pause and reflect on 10 such a historic occasion. 11 ACTING PRESIDENT KUHL: Senator 12 Goodman, you wish to be recognized? 13 SENATOR GOODMAN: Yes, Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 Goodman on the resolution. 17 SENATOR GOODMAN: Mr. President, 18 last week on the extraordinary occasion of the 19 South African election, I was strongly tempted 20 to say a word or two but, in fact, decided not 21 to do so since it seemed a day for us to 22 proclaim their really great exaltation at this 23 historic moment in history; and I don't want to 3776 1 be presumptuous at this moment, but I do want to 2 rise very briefly to say that I deeply 3 appreciate Senator Galiber's initiative in 4 bringing this resolution before us, and to say 5 further that, when I realized a few weeks ago 6 that this anniversary was coming up, I took out 7 of the library a biography of Chief Justice 8 Thurgood Marshall, and I found it an almost 9 astonishing experience to read this, not just as 10 a testament to the rise and development of an 11 amazing intellect in a stellar leader, but also 12 to match mentally as I progressed through this 13 book, the shocking conditions which existed 14 during the days of my youth and early adulthood 15 further, which today, looking back, seem so 16 grossly unacceptable and so amazingly repressive 17 that it's hard to imagine that, within the short 18 span of several of our lifetimes, the lifetime 19 of anyone within the sound of my voice, that 20 there were actually conditions that of the most 21 vicious type of segregation. 22 Obviously much remains to be 23 done, but it does seem to me that democracy's 3777 1 promise is reflected in some of the great 2 constitutional progress that we've made and 3 Brown versus Board of Education, with its 4 absolute insistence that separate but equal must 5 be banished from the American system, was only 6 one of the hallmarks in a series of events which 7 are aimed at trying to eliminate the horrors of 8 segregation. 9 And, Mr. President, I'd simply 10 like to say to Senator Galiber and my other 11 colleagues on both sides of the aisle that we, 12 as legislators, I think have a special 13 obligation to see that the forward momentum 14 which has been achieved so far is to be 15 maintained and to recognize that there is still 16 so much to be done. 17 I'm reminded of a little story 18 about Winston Churchill halfway through the 19 second World War. He was at a garden party or, 20 I don't know, an indoor party, at which a little 21 old lady arose and said, "Prime Minister, I 22 understand that all of the brandy you have 23 consumed thus far during the second World War, 3778 1 if it were poured into this room, that it would 2 reach this point on the side of the wall," and 3 she reached way above her head, about halfway up 4 the room, and Mr. Churchill looked at her and 5 with a little smile said, "So much accomplished, 6 my dear lady, but so much left to do." 7 ACTING PRESIDENT KUHL: Is there 8 any other Senator wishing to speak on this 9 resolution? If not, the question is on the 10 resolution. All those in favor, signify by 11 saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response. ) 15 The resolution is carried 16 unanimously. 17 Senator Holland. 18 SENATOR HOLLAND: Mr. President, 19 for Senator Skelos, on page 30, I offer the 20 following amendments to Calendar Number 818, 21 Senate Print Number 6344-A, and ask that the 22 said bill retain its place on the Third Reading 23 Calendar. 3779 1 ACTING PRESIDENT KUHL: Without 2 objection, so ordered. 3 Senator DiCarlo. 4 SENATOR DiCARLO: Mr. President, 5 I wish to call up bill 537, recalled from the 6 Assembly for Senator Kuhl, which is now at the 7 desk. 8 ACTING PRESIDENT KUHL: Secretary 9 will read. 10 THE SECRETARY: By Senator Kuhl, 11 Senate Bill Number 537, an act to amend the 12 Agriculture and Markets Law. 13 SENATOR DiCARLO: Mr. President, 14 I now move to reconsider the vote by which this 15 bill passed. 16 ACTING PRESIDENT KUHL: On the 17 motion for reconsideration, the clerk will call 18 the roll. 19 (The Secretary called the roll on 20 reconsideration. ) 21 THE SECRETARY: Ayes 55. 22 ACTING PRESIDENT KUHL: The bill 23 is before the house. 3780 1 SENATOR DiCARLO: Mr. President, 2 I now offer the following amendments. 3 ACTING PRESIDENT KUHL: 4 Amendments are received and accepted. 5 Senator Cook. 6 SENATOR COOK: Mr. President, on 7 page 56, I offer the following amendments to 8 Calendar Number 416, Senate Print 2970, and ask 9 that said bill retain its place on the Third 10 Reading Calendar. 11 ACTING PRESIDENT KUHL: Without 12 objection, so ordered. 13 Senator Hoffmann. 14 SENATOR HOFFMANN: Request 15 unanimous consent, please, to be recorded in the 16 negative on Calendar Number 1030. 17 ACTING PRESIDENT KUHL: Without 18 objection, Senator Hoffmann in the negative on 19 Calendar Number 1030. 20 Senator Kruger. 21 SENATOR KRUGER: Mr. President, I 22 ask unanimous consent to be recorded in the 23 negative on Calendar Number 727. 3781 1 ACTING PRESIDENT KUHL: Without 2 objection, Senator Kruger will be in the 3 negative on Calendar Number 727. 4 SENATOR GOLD: Mr. President, 5 could we just recognize Senator Kruger. 6 ACTING PRESIDENT KUHL: Recognize 7 Senator Kruger. 8 SENATOR KRUGER: Yes, Mr. 9 President. On yesterday's calendar, if I had 10 been in the chamber, I would have been recorded 11 in the negative on Calendar 727. 12 SENATOR GOLD: Thank you very 13 much. 14 ACTING PRESIDENT KUHL: The 15 record will so reflect, Senator Kruger. 16 Senator Present. 17 SENATOR PRESENT: Mr. President, 18 let's take up the controversial calendar. 19 ACTING PRESIDENT KUHL: Clerk 20 will read the controversial calendar. 21 THE SECRETARY: On page 27, 22 Calendar Number 759, by Senator Holland, Senate 23 Bill Number 3535, relocate the Spring Valley 3782 1 Toll Plaza of the New York State Thruway. 2 ACTING PRESIDENT KUHL: Senator 3 Leichter. 4 SENATOR LEICHTER: Would Senator 5 Holland yield? 6 ACTING PRESIDENT KUHL: Senator 7 Holland, will you yield to Senator Leichter? 8 SENATOR HOLLAND: Yes. 9 ACTING PRESIDENT KUHL: Senator 10 Leichter, Senator Holland yields. 11 SENATOR LEICHTER: Senator, why? 12 SENATOR HOLLAND: Why? 13 SENATOR LEICHTER: Yes. 14 SENATOR HOLLAND: It really is 15 unfair, in my estimation, for the citizens of 16 Rockland and Orange County to have this toll 17 barrier in the middle of Rockland County. The 18 figures show that the Thruway's revenue last 19 year -- I'm sorry, 1992, was approximately $294 20 million. Of that, approximately one quarter was 21 collected from Harriman through the Yonkers toll 22 barrier. It's only 9 percent of the mileage, 23 but almost a quarter of the revenue is collected 3783 1 in that area. 2 It seems unfair to me as just a 3 -- I think it would help Rockland County if 4 that toll barrier was removed, people would go 5 on the Thruway; it would take traffic off of our 6 Route 59 and reduce the trip across Rockland 7 County from 45 minutes to less than 10 minutes, 8 but basically, Senator, my thrust is that it's 9 unfair to charge the people of Rockland County 10 and the people of Orange County almost 25 11 percent of the revenue for less than 9, or 12 approximately 9 percent of the mileage on the 13 Thruway. 14 SENATOR LEICHTER: But, Senator 15 Holland, if I understand it, the reason that so 16 much of the total revenue of the Thruway is 17 collected at these two tolls is because that's 18 the end of the Thruway, so when I'm riding down 19 the Thruway from Albany and other colleagues of 20 mine, that's where we pay our tolls. 21 SENATOR HOLLAND: No, sir, I'm 22 not including the tickets collected at Harriman, 23 I'm not including that. I understand your 3784 1 point. I'm carrying the 50 cents that's 2 collected at Harriman, the 40 cents that's 3 collected at Spring Valley, the two fifty that's 4 collected on the bridge and the 40 cents that's 5 collected at Yonkers to come to that almost 25 6 percent, approximately $70 million. 7 SENATOR LEICHTER: Well, Senator, 8 if we made the change that you propose, how much 9 would it cost the Thruway, one, to change the 10 tolls and, secondly, how much loss of revenue 11 would there be? 12 SENATOR HOLLAND: I can't tell 13 you how much it would cost to construct new toll 14 barriers at the entrance to 287, if that's your 15 point. You know, 287 is now the beltway around 16 the City. That would bring much, much more 17 passenger vehicles and 18 wheelers and all kinds 18 of vehicles through that area. 19 If the toll barrier was moved 20 back to the Jersey line to 287 and the toll is 21 collected there, I think the toll revenues would 22 go way up, way up, because of the increase in 23 traffic. However, what we're collecting now at 3785 1 Spring Valley is about $9 million, of the $294 2 million that was collected for 1992. 3 SENATOR LEICHTER: Senator 4 Holland, I understand your point about having a 5 toll plaza within a county for people traveling 6 within the county, but the same thing happens 7 with the county of Albany. I'm sure you run out 8 at Exit 23, going from Exit 24, and you pay a 9 toll when you go that distance. I imagine in 10 Erie County, there must be a number of tolls 11 that the residents of Erie County pay who travel 12 within Erie County. I'm not sure I have -- I 13 get a sense that there's real unfairness to the 14 people of Rockland. If there is, I would 15 certainly rectify it. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter, are you asking Senator Holland to 18 please yield to a question? 19 SENATOR LEICHTER: Yes. 20 SENATOR HOLLAND: Yes, sir. But 21 the Spring Valley Toll Barrier is right in the 22 middle of the Thruway. It is not an exit; it is 23 not an entranceway; you have no option. Exit 23 3786 1 and Exit 24 here in Albany, you have an option 2 but you do not at Spring Valley, and you do not 3 at Yonkers, that's my point. 4 ACTING PRESIDENT KUHL: Clerk 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 57. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 -- Calendar Number 914, by Senator Levy. 16 SENATOR PRESENT: Lay that aside 17 for the day, please. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside for the day. 20 THE SECRETARY: Calendar Number 21 922, by Senator Cook, Senate Bill Number 3034-A, 22 Executive Law, in relation to state aid to rural 23 areas. 3787 1 SENATOR CONNOR: Explanation. 2 ACTING PRESIDENT KUHL: Senator 3 Cook, an explanation has been asked for by 4 Senator Connor. 5 SENATOR COOK: Mr. President, one 6 of the concerns regarding rural municipalities, 7 rural communities, is that smaller communities 8 have part-time governments. They really don't 9 have very sophisticated governmental structures 10 and, consequently, the perception at least is 11 that when it comes to being able to make the 12 appropriate applications and qualify for various 13 types of state programs, that they are at a 14 great disadvantage. 15 Obviously, that is not something 16 that we can follow, and the purpose of this bill 17 is to try to get a handle on, frankly, just how 18 is the distribution made that's coming from the 19 various state agencies so that we can have a 20 better picture. Perhaps we're wrong even in our 21 perception; perhaps we are being adequately 22 served, but we don't know. We don't know what 23 specific programs may be short-changing rural 3788 1 communities. Some programs may be working very 2 well; others may not, and the whole point of 3 this is to have a mechanism by which we can 4 monitor some of the state agencies and find out 5 how they're dealing with the rural communities. 6 ACTING PRESIDENT KUHL: Senator 7 Connor. 8 SENATOR CONNOR: Yes, Mr. 9 President. 10 I certainly agree with Senator 11 Cook that we ought to know and we'd all like to 12 know, so if the Senator would yield for a 13 question. 14 ACTING PRESIDENT KUHL: Senator 15 Cook, do you yield? The Senator does. 16 SENATOR CONNOR: Senator, how 17 long do you think this report would be; how many 18 pages? 19 SENATOR COOK: I don't 20 anticipate, Senator, that it's going to be a 21 voluminous page report. I assume that in the 22 reports that are currently being issued by 23 agencies on various things that there will 3789 1 simply be some designation of what has gone in 2 that relates to rural communities. 3 SENATOR CONNOR: Senator, how 4 much -- if the Senator will yield for another 5 question? 6 ACTING PRESIDENT KUHL: Senator 7 does. 8 SENATOR CONNOR: How much will 9 the five copies that you're asking be submitted 10 here, how much will they cost to reproduce; is 11 there a fiscal impact here? 12 SENATOR COOK: I beg your pardon, 13 sir? 14 SENATOR CONNOR: How much will it 15 cost the Senate to reproduce these copies, to 16 send them to the Speaker, the Majority Leader, 17 the Governor, the Chair and the vice-Chair of 18 the New York State Legislative Commission on 19 Rural - 20 SENATOR COOK: Senator, I haven't 21 bought a ream of paper in a while. What is it, 22 $25 maybe? 23 SENATOR CONNOR: $25? So, 3790 1 Senator, how much would it cost to send a copy 2 to the two minority leaders? 3 SENATOR COOK: Probably about - 4 SENATOR CONNOR: Four or five 5 dollars? 6 SENATOR COOK: Yeah. 7 SENATOR CONNOR: Senator, may I 8 respectfully suggest that we, in the minority, 9 would also like to know what's going on - 10 SENATOR COOK: I'd be delighted. 11 SENATOR CONNOR: -- with these 12 programs? 13 SENATOR COOK: I'd be delighted 14 to do that, and I think that Senator Nolan and 15 the Republican sponsors in the Assembly would 16 also join in that and, while I don't intend to 17 amend this bill, certainly we'll try to 18 sensitize ourselves to that in the future. 19 SENATOR CONNOR: Well, Senator, 20 is there a rush on this? 21 SENATOR COOK: Not particularly. 22 SENATOR CONNOR: Well, couldn't 23 we have a small amendment? 3791 1 SENATOR COOK: Lay the bill 2 aside. Let me look and see how complicated this 3 becomes. 4 SENATOR CONNOR: Thank you, 5 Senator. 6 SENATOR COOK: I don't object to 7 it in principle, no. 8 ACTING PRESIDENT KUHL: Bill is 9 laid aside. 10 THE SECRETARY: Calendar Number 11 1005, by Senator Lack. 12 SENATOR PRESENT: Lay that aside 13 for the day. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside for the day. 16 Senator Present, we have one 17 substitution that we'd like to effect. 18 THE SECRETARY: On page 13, 19 Senator Velella moves to discharge the Committee 20 on Rules from Assembly Bill Number 8794-B and 21 substitute it for the identical Calendar Number 22 349. 23 ACTING PRESIDENT KUHL: 3792 1 Substitution is ordered. 2 Senator Bruno. 3 SENATOR BRUNO: Mr. President, 4 may I request unanimous consent to vote no on 5 calendar 1030? 6 ACTING PRESIDENT KUHL: Without 7 objection, Senator Bruno is recorded in the 8 negative on Calendar Number 1030. 9 SENATOR BRUNO: Thank you. Thank 10 you. Thank you. 11 Senator Present. 12 SENATOR PRESENT: Senator 13 Dollinger. 14 SENATOR DOLLINGER: May I have 15 unanimous consent to change my vote on 1030, yea 16 to nay. 17 ACTING PRESIDENT KUHL: Without 18 objection, Senator Dollinger will be recorded in 19 the negative on Calendar Number 1030. 20 SENATOR JONES: I would like to 21 also be recorded in the negative on Calendar 22 Number 1030, just for the principle of the 23 thing. 3793 1 ACTING PRESIDENT KUHL: Without 2 objection, Senator Jones will be recorded in the 3 negative on Calendar Number 1030. Senator 4 Dollinger, you are recorded in the negative on 5 Calendar Number 1030. 6 SENATOR DOLLINGER: Thank you, 7 Mr. President. 8 ACTING PRESIDENT KUHL: Senator 9 Present. 10 SENATOR PRESENT: Mr. President, 11 there being no further business, I move that we 12 adjourn until tomorrow at 11:00 a.m. 13 ACTING PRESIDENT KUHL: Senate 14 stands adjourned until tomorrow, Wednesday, at 15 11:00 a.m. 16 (Whereupon at 5:17 p.m., the 17 Senate adjourned. ) 18 19 20 21 22 23