Thursday, June 2, 1994

4289 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 2, 1994 11 11:19 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 4290 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. Members take their seats. 4 Staff take their places. Ask all those in the 5 gallery to rise and join with us in saying the 6 Pledge of Allegiance. 7 (Whereupon, the Senate and those 8 assembled in the chamber joined in the Pledge of 9 Allegiance to the Flag.) 10 We're pleased to have a visiting 11 clergy with us, The Reverend Dr. William 12 Shillady from Mamaroneck United Methodist 13 Church, happens to be in Senator Oppenheimer's 14 district. 15 Reverend Shillady. 16 REVEREND WILLIAM S. SHILLADY: 17 Thank you. 18 Let us pray. 19 Almighty and gracious God, on 20 this particular day, we give You thanks for the 21 creative beauty of nature and life that exists 22 all around us. We remember with gratitude those 23 who have come before us and have been examples 4291 1 to us of freedom and democracy, of caring 2 leadership and caring community. 3 This week, in particular, we 4 remember those who sacrificed themselves, our 5 brothers and sisters who have given their lives 6 in the horrors of war for the sake of freedom of 7 others. May we hold them all in continued 8 remembrance and ever think of them having 9 received their eternal reward for their attempt 10 to bring peace with justice. 11 And, finally, O God, You, as You 12 annointed leaders and called prophets of old, be 13 with those who lead this great State of New 14 York, be with the Governor and all these 15 Senators, and all the representatives, their 16 staffs and all aspects of government. In their 17 power to make decisions that affect all lives, 18 give them wisdom and courage. 19 Guide Your women and men in this 20 Senate who love Your people and children. Help 21 them to walk with those whose lives are touched 22 by their decisions. Aid them to be emboldened 23 and commissioned to dream their dreams and 4292 1 strive for the common good of society. 2 Transform them and our political 3 system to serve people as the highest priority, 4 to bring hope to every person. Help each to 5 recognize Your call to them to be authentic and 6 caring leaders. 7 Amen. 8 ACTING PRESIDENT KUHL: Reading 9 of the Journal. 10 THE SECRETARY: In Senate, 11 Wednesday, June 1. The Senate met pursuant to 12 adjournment. Senator Kuhl in the chair upon 13 designation of the Temporary President. The 14 prayer was given by Rabbi Alfredo S. Winter of 15 Port Chester, New York, and also Chaplain Egert 16 of the 10th Mountain Division of Fort Drum. The 17 Journal of Tuesday, May 31, was read and 18 approved. On motion, Senate adjourned. 19 ACTING PRESIDENT KUHL: Hearing 20 no objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 4293 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator DiCarlo. 8 SENATOR DiCARLO: Mr. President. 9 On behalf of Senator Larkin, I wish to call up 10 his bill, Print Number 6390, recalled from the 11 Assembly, which is now at the desk. 12 THE SECRETARY: By Senator 13 Larkin, Senate Bill Number 6390, an act to amend 14 the Public Officers Law and the Village Law. 15 SENATOR DiCARLO: Mr. President. 16 I now move to reconsider the vote by which this 17 bill was passed. 18 ACTING PRESIDENT KUHL: The 19 Secretary will call the roll on reconsideration. 20 (The Secretary called the roll on 21 reconsideration.) 22 THE SECRETARY: Ayes 43. 23 ACTING PRESIDENT KUHL: The bill 4294 1 is before the house. 2 SENATOR DiCARLO: Mr. President. 3 I now offer the following amendments. 4 ACTING PRESIDENT KUHL: 5 Amendments are received and adopted. 6 Senator DiCarlo. 7 SENATOR DiCARLO: Mr. President. 8 On behalf of Senator Johnson, please remove 9 sponsor stars on Calendar Numbers 563, 721, 722, 10 828, and 1040. 11 ACTING PRESIDENT KUHL: Sponsor 12 stars are removed on Calendars 563, 721, 722, 13 828 and 1040. 14 Senator Present, ready for the 15 calendar. 16 SENATOR PRESENT: Let's do the 17 noncontroversial calendar, please. 18 ACTING PRESIDENT KUHL: Clerk 19 will read the noncontroversial calendar. 20 THE SECRETARY: On page 5, 21 Calendar Number 249, by Senator Libous. 22 SENATOR PRESENT: Lay it aside. 23 ACTING PRESIDENT KUHL: Lay the 4295 1 bill aside. 2 THE SECRETARY: Calendar Number 3 424, by Senator Johnson. 4 SENATOR PRESENT: Lay it aside. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 478, by Senator Saland. 9 SENATOR PRESENT: Lay it aside 10 for the day. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside for the day. 13 THE SECRETARY: Calendar Number 14 800, by Senator Holland. 15 SENATOR PRESENT: Lay it aside 16 for the day. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside for the day. 19 THE SECRETARY: Calendar Number 20 812, by Senator Larkin. 21 SENATOR PRESENT: Lay it aside 22 for the day. 23 ACTING PRESIDENT KUHL: Lay it 4296 1 aside for the day. 2 THE SECRETARY: Calendar Number 3 847, by Senator Libous. 4 SENATOR PRESENT: Would you lay 5 aside 847 through 1038. 6 ACTING PRESIDENT KUHL: Calendars 7 Number 847, 853, 854, 855, 901, 932, 987, 1035, 8 1036 and 1038 are laid aside. 9 THE SECRETARY: On page 31, 10 Calendar Number 1044, by Senator Cook, Senate 11 Bill Number 7185, an act to amend the 12 Agriculture and Markets Law. 13 SENATOR GOLD: Lay it aside for 14 Senator Oppenheimer. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 1093, by Senator Cook, Senate Bill Number 2547. 19 SENATOR GOLD: Lay it aside. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 1094, by Senator Cook. 4297 1 SENATOR PRESENT: Lay that aside, 2 please. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 1096, by Senator Bruno, Senate Bill Number 6937, 7 Racing, Pari-Mutuel Wagering and Breeding law. 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1097, by Senator Libous. 13 SENATOR PRESENT: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 1099, by Senator Rath, Senate Bill Number 7157. 18 SENATOR PRESENT: Lay it aside. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1104, by Senator Johnson. 23 SENATOR DOLLINGER: Lay it aside 4298 1 for explanation. 2 ACTING PRESIDENT KUHL: Lay that 3 bill aside. 4 THE SECRETARY: Calendar Number 5 1112, by Senator Daly, Senate Bill Number 8262, 6 Education Law, in relation to courses of 7 instruction. 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1118, by Senator Libous. 13 SENATOR PRESENT: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 Senator Present, that completes 17 the noncontroversial calendar. What is your 18 pleasure, sir? 19 SENATOR PRESENT: My pleasure 20 that we stand at ease for a few moments. 21 ACTING PRESIDENT KUHL: Senate 22 will stand at ease for just a few moments. 23 (Whereupon, at 11:37 a.m., Senate 4299 1 was at ease.) 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. 4 The chair recognizes Senator 5 Present. 6 SENATOR PRESENT: Mr. President. 7 Can we return to motions and resolutions, and 8 recognize Senator Libous. 9 ACTING PRESIDENT KUHL: We will 10 return to motions and resolutions. 11 Chair recognizes Senator Libous. 12 SENATOR LIBOUS: Thank you, Mr. 13 President. 14 I have a privileged resolution at 15 the desk. On this one, I'd just like the title 16 read. I would just like to speak on it for a 17 moment and ask for its adoption. 18 ACTING PRESIDENT KUHL: Clerk 19 will read the title of a privileged resolution. 20 THE SECRETARY: Legislative 21 Resolution by Senators Libous, Marino, and all 22 members of the Senate, proclaiming Thursday, 23 June 2, 1994, as Legislative Disability 4300 1 Awareness Day in the State of New York. 2 ACTING PRESIDENT KUHL: Chair 3 recognizes Senator Libous on the resolution. 4 SENATOR LIBOUS: Thank you, Mr. 5 President. 6 Today is the 14th Annual 7 Legislative Disability Awareness Day, and I'm 8 pleased to say that the Senate has shared in a 9 full day of activities. 10 Earlier today, we had a group 11 together downstairs. We had many displays in 12 the Legislative Office Building from different 13 folks, different vendors, who work with people 14 in New York State with disabilities. And it is 15 again the Senate's commitment, Mr. President, in 16 showing that we care very deeply about the 17 residents of this state who have disabilities. 18 We care very deeply about improving upon the 19 different opportunities, whether it be inclusion 20 in the workplace, inclusion in school. These 21 are the kinds of things that the Senate stands 22 for and that this house has tried to move 23 forward on. 4301 1 The other rare opportunity that 2 we have is we have two very special guests with 3 us, Mr. President, and I would like to introduce 4 them right now. We have Mitchell Levitz and 5 Jason Kingsley, and I would just like to ask the 6 two of them to stand for a moment, and I'm going 7 to ask that the clerk read two resolutions 8 honoring these two gentlemen. 9 But, basically, both of these 10 young men with born with Down's syndrome. Their 11 parents was told at a very early age that there 12 was little hope and that they should be 13 institutionalized. These two young men have 14 fought and beaten all of the odds. 15 They have proven that people with 16 disabilities and particularly with Down's 17 syndrome can live an active life, can live a 18 very normal life and need to be included. 19 And based on that, they have been 20 here today. They have been just a pleasure for 21 me to work with as we talk about the needs of 22 people with disabilities. 23 So if I could ask for the 4302 1 adoption of this, and then I would ask for the 2 floor again, Mr. President, so that we could 3 read the resolution honoring these two 4 gentlemen. 5 ACTING PRESIDENT KUHL: The 6 question is on the resolution. All those in 7 favor, signify by saying aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The resolution is adopted 12 unanimously. 13 Clerk will read the next 14 privileged resolution in full. 15 THE SECRETARY: Legislative 16 Resolution, by Senators Libous, Marino and all 17 members of the Senate, honoring Mitchell Levitz 18 of Cortlandt, New York, co-author of Count Us 19 In: Growing Up With Down's Syndrome upon the 20 occasion of his appearance on the New York State 21 Legislature on Thursday, June 2, 1994. 22 Whereas, community awareness and 23 acceptance of persons who are disabled serves to 4303 1 lift barriers and expand choices for persons of 2 all abilities. 3 It is the intent of this 4 Legislative Body to recognize persons with 5 disabilities who benefit New York State with 6 their contributions to our economic, educational 7 and social growth. 8 This Legislative Body is justly 9 proud to honor Mitchell Levitz of Cortlandt, New 10 York, co-author of Count Us In: Growing Up With 11 Down's Syndrome upon the occasion of his 12 appearance as a guest speakers at the New York 13 State Legislature on June 2, 1994. 14 Born on April 10, 1971, to Jack 15 and Barbara Levitz, Mitchell Andrew Levitz grew 16 up in Cortlandt Manor, New York, with his two 17 younger sisters, Stephanie and Leah. 18 Shortly after birth, Mitchell was 19 diagnosed with Down's syndrome, a genetic 20 abnormality which is usually associated with 21 some degree of developmental disabilities. 22 Responding to the needs of their 23 son and to better understand Down's syndrome, 4304 1 Jack and Barbara Levitz established the Parents 2 Assistance Committee on Down's syndrome, one of 3 the first support groups in the nation for 4 families of children with Down's syndrome. 5 Mitchell Levitz participated in 6 the first early intervention program developed 7 in Westchester County at the Westchester 8 Institute for Human Development; he attended a 9 community nursery school, a Montessori 10 kindergarten and a combination of special and 11 regular education classes at his neighborhood 12 schools in the Lakeland School District. 13 Mitchell graduated with a regular 14 diploma from Walter Panas High School in June of 15 1991 and received community service, school 16 service, academic achievement in business 17 education, legislative commendation awards and a 18 varsity letter for soccer. 19 Mitchell's television appearances 20 include Sesame Street, NBC Weekend, the Morning 21 Show with Regis and Kathie Lee, and Dateline NBC 22 with Jane Pauley; his film appearances include 23 "Opportunities to Grow" by National Down's 4305 1 Syndrome Society and "Employ*Ability: 2 Integrating people with Developmental 3 Disabilities Into the Workplace" by Woolworth 4 Corporation; he has also been featured in 5 articles New York Times, USA Today and Gannett 6 suburban newspapers and magazines including 7 Special Report, Psychology Today and Hudson 8 Valley Magazine. 9 Mitchell has been a keynote 10 speaker at local and statewide conferences for 11 parents, professionals and self advocates. He 12 was introduced on the floor of the New York 13 State Assembly, and has presented congressional 14 testimony in Washington, D.C. 15 With a strong interest in 16 politics, government, and world affairs, 17 Mitchell Levitz has volunteered his time working 18 as an intern for two State Assembly members, 19 assisting the high school dean of students, 20 serving on the legislative action committee for 21 the board of education, and legislative lobbying 22 in Washington, D.C. 23 His employment has included 4306 1 working as a busboy at Colonial Terrace 2 Caterers, a bank teller at the Summit Trust 3 Bank, and a kitchen assistant at Pizza Hut; 4 Mitchell worked as an office assistant at the 5 Peekskill/ Cortlandt Chamber of Commence. 6 Mitchell Levitz has collaborated 7 with a close friend, Jason Kingsley, who also 8 has Down's syndrome on a book called Count Us 9 In: Growing Up With Down's Syndrome. The book 10 was published in January of 1994 by Harcourt 11 Brace & Company. Mitchell and Jason recently 12 completed a cross-country promotional book tour, 13 making media appearance and signing books in 13 14 different cities. In its third printing, Count 15 Us In: Growing Up With Down's Syndrome has 16 recently appeared on the UPI best seller list, 17 the National Edition of the New York Times, 18 Associated Press and People magazine. 19 Mitchell Levitz recently began a 20 new position as Consumer Empowerment Ombudsman 21 for the Westchester Association for Retarded 22 Citizens. He commutes by public bus to work and 23 is presently living on his own in a house in 4307 1 Cortlandt Manor, New York. He is an active 2 member of his community and serves on the New 3 York State Interagency Council on Vocational 4 Services, the Westchester County Community 5 Mental Health Services Board, the Westchester 6 County Citizens Consumer Advisory Board, and the 7 Lakeland School District Community Action 8 Committee. 9 Mitchell Levitz and Jason 10 Kingsley will speak and sign their book at the 11 New York State Legislative Office Building, 12 third floor terrace, on Thursday, June 2, 1994, 13 appearing in conjunction with the observance of 14 Legislative Disability Awareness Day in the 15 State of New York. 16 Now, therefore, be it resolved, 17 that this Legislative Body pause in its 18 deliberations to salute and honor Mitchell 19 Levitz of Cortlandt, New York, recognizing his 20 courageous achievements and outstanding 21 contributions in support of increased awareness 22 and opportunities for citizens with diabilities 23 on the occasion of his appearance on the New 4308 1 York State Disability Awareness Day, June 2, 2 1994; and be it further 3 Resolved, that a copy of this 4 resolution, suitably engrossed, be transmitted 5 to Mitchell Levitz, 208 Lafayette Avenue, 6 Cortlandt Manor, New York. 7 ACTING PRESIDENT KUHL: The 8 question is on the resolution. All those in 9 favor, signify by saying aye. 10 (Response of "Aye.") 11 Opposed, nay. 12 (There was no response.) 13 The resolution is unanimously 14 adopted. 15 Mitchell Levitz, on behalf 16 Senator Libous, Senator Marino, and all the 17 members of the Legislature, we welcome you here 18 today. Your life, your young life is just a 19 wonderful story. You certainly have a lot to be 20 proud of. We're proud of you, and thank you for 21 coming and sharing a day with us. 22 (Applause.) 23 SENATOR LIBOUS: Mr. President. 4309 1 I have one more resolution at the desk. I ask 2 that it be read in its entirety, and I will make 3 a comment afterwards. 4 ACTING PRESIDENT KUHL: Clerk 5 will read the resolution in its entirety. 6 THE SECRETARY: Legislative 7 Resolution, by Senators Libous, Marino, and all 8 members of the Senate, honoring Jason Kingsley 9 of Chappaqua, New York, Down's syndrome student, 10 actor, and lecturer, upon the occasion of his 11 appearance at the New York State Legislature on 12 June 2, 1994. 13 Whereas, community awareness and 14 acceptance of persons who are disabled serves to 15 lift barriers and expand choices for persons of 16 all abilities. 17 It is the intent of this 18 Legislative Body to recognize persons with 19 disabilities who benefit New York State with 20 their contributions to our economic, educational 21 and social growth. 22 Jason Andrew Kingsley was born on 23 June 27, 1974, with Down's syndrome, a genetic 4310 1 abnormality which results in some degree of 2 mental retardation. 3 Jason's parents, Charles and 4 Emily Kingsley, disregarded medical advice to 5 institutionalize their child, brought him into 6 their loving home and set about obtaining the 7 intervention and educational training 8 appropriate for his needs and abilities. 9 Jason Kingsley has demonstrated 10 unique talents and skills, abilities which 11 complement his unfailing determination and 12 engaging personality and have enabled him to 13 achieve goals and enjoy experiences commonly 14 denied to persons with disabilities. 15 Exposed to the public forum at an 16 early age when he and his parents appeared to 17 speak regarding Down's syndrome and life for 18 persons with disabilities, Jason soon found his 19 opportunities expanding to television interviews 20 and appearances, world travel, and theater 21 experiences involving both production and 22 performance. 23 Jason has received many honors 4311 1 and awards in recognition of his contributions 2 toward better understanding and acceptance of 3 people with developmental disabilities, 4 including the Joseph P. Kennedy, Jr., Foundation 5 award which was given to him at Rose Kennedy's 6 gala 100th birthday celebration. 7 Jason who is now preparing for 8 graduation from Lakeland High School in Shrub 9 Oak, New York, has collaborated with a friend 10 who also has Down's syndrome, Mitchell Levitz, 11 in authorizing a book entitled Count Us In: 12 Growing Up With Down's Syndrome. 13 Jason Kingsley and Mitchell 14 Levitz recently completed a cross-country 15 promotional book tour making media appearances 16 and signing books in thirteen differently 17 cities. In its third printing, Count Us In: 18 Growing Up With Down's Syndrome has recently 19 appeared on the UPI best seller list. 20 Jason Kingsley and Mitchell 21 Levitz will speak at the New York State 22 Legislative Office Building, third floor 23 terrace, on Thursday, June 2, 1994, appearing in 4312 1 conjunction with the observance of Legislative 2 Disability Awareness Day in the State of New 3 York. 4 Jason Kingsley has astutely 5 observed that once people get to know people 6 with disabilities, strangers will become our 7 friends. 8 Now, therefore, be it resolved, 9 that this Legislative Body pause in its 10 deliberations to salute and commend Jason 11 Kingsley of Chappaqua, New York, recognizing his 12 courageous achievements and outstanding 13 contributions in support of increased awareness 14 and opportunities for citizens with 15 disabilities, on the occasion of his appearance 16 at the New York State Legislature on Disability 17 Awareness Day, June 2, 1994; and be it further 18 Resolved, that a copy of this 19 resolution, suitably engrossed, be transmitted 20 to Jason Kingsley. 21 ACTING PRESIDENT KUHL: On the 22 resolution, the chair recognizes Senator 23 Libous. 4313 1 SENATOR LIBOUS: Thank you, Mr. 2 President. There is not an awful lot I can add 3 to the resolutions if my colleagues took the 4 time to listen to the accomplishments of these 5 two outstanding young men. 6 The only thing I would like to 7 add is this; that there are many people in New 8 York State who do not have the same 9 opportunities that we have. They have 10 disabilities and until that actual experience 11 affects you as an individual or affects a member 12 of your family, we all too often take life for 13 granted. We take for granted getting out of bed 14 in the morning. We take for granted walking to 15 work. We take for granted just opening a door 16 and walking to a car. 17 Unfortunately, there are many 18 people in this state and in this country who 19 have physical and mental disabilities that don't 20 have those same opportunities that we have. I 21 think it's important as legislative leaders, as 22 those who set policy in this state, that we try 23 to pause every so often and make sure that we 4314 1 pass legislation, that we work in our 2 communities to help those individuals that have 3 disabilities so that they can lead and live 4 normal lives just like Jason and Mitchell. They 5 can demonstrate to others that having a 6 disability doesn't mean that you have to stay 7 locked up in a room. It doesn't mean that you 8 have to be institutionalized. It doesn't mean 9 that you have to stay out of society. And I 10 think that it's all too often that those of us 11 who do not have disabilities, we don't pause and 12 reflect on that. 13 So my message on this resolution, 14 Mr. President, is that not only am I extremely 15 proud of these two young men and I am proud of 16 all the folks who have joined us today who have 17 disabilities on Disability Awareness Day and, of 18 course, too, Mitchell and Jason's parents and 19 grandparents, who are here. 20 But, Mr. President, I would ask 21 that my colleagues just pause every now and then 22 and think about it. Think about what it would 23 be like for them to have to live with a mental 4315 1 or physical disability and think about what 2 changes need to be done in the law so that we 3 can help improve life. 4 The last thing I would like to 5 say, Mr. President, on the resolution is that I 6 would also encourage my colleagues to pick up a 7 copy of their book, Count Us In. I have had the 8 pleasure of reading it, and I notice that 9 several members in this room, their names appear 10 in the book, but it does explicitly share with 11 you the lives of these two young men. They talk 12 to you about what it's like to grow up with 13 Down's syndrome, what it's like to have various 14 experiences. And as Jason said this morning, 15 "We are no different than anyone else. We have 16 the same feelings, the same emotions, and we 17 want to be counted in just like the book says, 18 Count Us In." 19 So, Mr. President, it is a real 20 honor and pleasure for me to stand before this 21 body today to recognize all the people in New 22 York State with disabilities and also to 23 recognize our special guests. 4316 1 ACTING PRESIDENT KUHL: Chair 2 recognizes Senator Pataki. 3 SENATOR PATAKI: Mr. President, 4 if I might just briefly add my comments, as 5 well. 6 First, let me thank Senator 7 Libous and, before him, Senator Spano for the 8 outstanding work they have done with Legislative 9 Disability Awareness Day. I think it is 10 important for us to pause and to reflect on 11 those who have disabilities and how they can 12 contribute so much to our society here in New 13 York and across the country. 14 I want to particularly comment on 15 this resolution because Jason and Mitchell are 16 constituents of mine, but, more than that, they 17 are friends. I have met them before. I have 18 had the opportunity to discuss their lives and 19 their ideas with them. And I just cannot tell 20 you how impressive these two young men are. 21 In fact, Mitchell goes beyond 22 being a friend. In the resolution, it mentioned 23 how he was an intern for an Assemblyman. That 4317 1 was me. And I welcomed and cherished his 2 advice. He gave it freely. It was extremely 3 valuable. I hear his parents laughing. 4 Mitchell continues to give his 5 advice to me freely, and I just want to say how 6 grateful and thankful I am for all that you have 7 done for the Chamber of Commerce in Peekskill, 8 for me personally, and for everyone, by the 9 symbol that you are of what people can achieve. 10 And I know that it's not -- as 11 with all successes, it's not just an individual 12 success. It's a family, and it's a broader 13 success and, Charles and Emily, and to Jack and 14 Barbara, who I have known for so long, and 15 Grandma and Grandpa Gibbs, sitting over there as 16 proudly, as well, I just want to thank you for 17 your fight and commitment and understanding that 18 Jason and Mitchell have the ability not just to 19 be contributors, not just to be counted in, but 20 to be a large and important part in leading us 21 as we go forward. 22 So to Jason and Mitchell begin 23 again, congratulations and thank you for what 4318 1 you have done. You are not just counted in 2 we're counting on you to continue to provide us 3 with the leadership and inspiration that will 4 make all of us better in our efforts to 5 contribute to this state. 6 Thank you. 7 ACTING PRESIDENT KUHL: Chair 8 recognizes Senator Spano. 9 SENATOR SPANO: Thank you very 10 much, Mr. President. First, to Jason and 11 Mitchell, I found out coming in a little late 12 this morning -- I started my day with root canal 13 this morning, so that's why I was a little 14 late. So if you can't understand me, you 15 understand why. 16 It is my pleasure to stand on the 17 floor of this Senate and to join with my 18 colleagues and specifically Senator Libous in 19 paying tribute to two young men and for all that 20 they represent, all that they represent for 21 people with disabilities across the state. 22 And while all of us recognize 23 that, rightfully so, we give a great deal of 4319 1 credit to Jason and to Mitchell -- as an aside, 2 you know Mitchell presented me with a copy of 3 his book, Count Us In, just a couple of weeks 4 ago in Westchester County, and I haven't seen 5 Jason since then. But thank you for the 6 autographed copy of that book. 7 And it's nice to see your parents 8 here, your family members here. They are all 9 rightfully very produced of the accomplishments 10 that both of you have made so far in your life. 11 And we look at you and we 12 recognize that not all people with disabilities 13 in this state can achieve the goals that you 14 have achieved, and that not all people with 15 disabilities in this state have the support of 16 parents that you both have and family members 17 that you both have, and you can see that by even 18 the dedication that both you dedicated in the 19 forward of your book to your parents. 20 We recognize that there are many, 21 many people with disabilities in this state that 22 can not make it to the state capital, and that 23 very often there are programs in the state that 4320 1 have come under fire by certain elements in this 2 capital that would have taken away a few cents a 3 week that family members would receive for a 4 respite once in a while, family support 5 programs. And you know the fight that so many 6 of you who are here led in making sure that we 7 restore programs that people like you need and 8 deserve in this State of New York. 9 So we stand here today 10 recognizing Jason Kingsley, Mitchell Levitz, 11 their family members, but we recognize them for 12 everything that they stand for. We recognize 13 them because the both of you are living proof 14 that we no longer are going to closet people 15 away in the Willowbrooks of the State of New 16 York. We are going to make sure that we, in 17 fact, create that community based system that is 18 essential, the support system that is essential 19 for people with disabilities who are living at 20 home, to make sure that there are programs in 21 the community for people who are living at home 22 with aging parents that may need a place to go. 23 All of that, we can all look at 4321 1 the positive accomplishments of people like 2 Jason and Mitchell and say that we are going to 3 redouble our efforts to make sure that all 4 people with disabilities in this state receive 5 the appropriate type of care, in the community 6 where they belong. They have a right to live in 7 the community. They have a right to work in the 8 community. 9 And by the efforts of Senator 10 Libous in putting together the Disability 11 Awareness Day, you will stand out as a beacon 12 for all family members and all people with 13 disabilities so that all members of the 14 Legislature, in both houses, and the Governor, 15 should make sure that we should never forget 16 that there are people in this community who 17 don't have high-priced advocates who can visit 18 the capital, who don't have high political 19 action committees that can come here and try to 20 influence government. But, Jason and Mitchell, 21 you do it better than any group that will visit 22 us and any lobbyists that will visit us because 23 both of you are living proof, that given a 4322 1 chance to work in the community, you can, in 2 fact, work well, be a success, and we are all 3 very, very, very proud of the job that you have 4 done in representing people with disabilities 5 all across this state. 6 So it's my pleasure to welcome 7 all of you here with your families and, again, 8 to just thank Senator Libous for his dedication, 9 his commitment, to making sure that the issues 10 facing people with disabilities continue to be 11 on the front burner on the agenda of this 12 Legislature. 13 Thank you, Mr. President. 14 ACTING PRESIDENT KUHL: Chair 15 recognizes, Senator Gold. 16 SENATOR GOLD: Thank you, Mr. 17 President. 18 Mr. President. We all get a 19 different perspective, but I remember years ago 20 the first time I saw the "Miracle Worker" which 21 was the story of Helen Keller; and my reaction 22 when it was over was, had it not been for the 23 parents who persisted in bringing in this 4323 1 miracle worker, who knows what would have 2 happened to Helen Keller. 3 While I really don't want to take 4 anything away from these two marvelous young 5 men, I really want to throw in my words of 6 congratulations to the parents who understood 7 that you don't give up on any child and you give 8 every child an opportunity to be what they can 9 be, and you measure every child against that 10 child and not any other child. 11 And I have seen, since that first 12 movie, many situations in my life where I have 13 admired parents who have been in situations with 14 children in different kinds of problems, and I 15 think it's wonderful when a youngster has that 16 kind of parent, parents, family, that says it's 17 a lot of time, it's a lot of effort. It becomes 18 consuming for the family, and the other children 19 in the family and the other nephews, nieces, 20 aunts, uncles, all wind up contributing and 21 giving time and energy so that that life can 22 blossom to its fullest potential. 23 So I want to thank Senator Libous 4324 1 and Senator Pataki and Spano and everybody in 2 this chamber. I think there are times when 3 we're out here tearing each other's heads off 4 and we should be and there are times when, in 5 this beautiful room, we do the right thing. And 6 today, thank God, is one of those days. 7 So my congratulations to my 8 colleagues and particularly to these two young 9 men and their families for what they have done. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Oppenheimer. 12 SENATOR OPPENHEIMER: Senator 13 Gold has pointed out what I was about to point 14 out, and I will now because I have known Emily 15 and Charley Kingsley for many years. 16 I remember when Jason was just 17 little boy. I remember Charley telling the 18 Westchester Association for Retarded Citizens, 19 when he was the president of the association 20 several years ago, a story. I guess Jason must 21 have been -- he was under 10, and the story was 22 very touching. 23 He said that he was driving Jason 4325 1 home one day from school, and Jason said to his 2 father, "Well, I've had Down's syndrome, when am 3 I ever going to be well?" 4 Well, we have to say to you, 5 Jason, and, Mitchell, who I have come to know in 6 recent years -- and thank you also for your 7 autographed copy of your book. What I have to 8 say is that you won't overcome Down's syndrome. 9 You have been born with it. It's a part of 10 you. But you have led lives, your short lives 11 have already packed more into them than most 12 lives of 60 and 70 years. 13 You have shown all of us how you 14 can live fully and develop to your maximum 15 potential. Though I think your maximum is still 16 ahead of you, because you have such drives and 17 such determination, and that's really what's 18 needed. 19 But let me just say to Emily and 20 Charley, who I know well, they are an example to 21 all of us in the state. Some of us in this 22 chamber have children with disabilities, and it 23 is my belief that most everybody in the world 4326 1 has some disability. And as you may recall on 2 the floor of the Senate, I have said that I am 3 learning disabled, being dyslexic, and I think 4 most people have disabilities. And what we all 5 strive to do is to live our lives to our 6 maximum, and you are our shining example, and 7 I'm so happy you are here. 8 Thank you. 9 ACTING PRESIDENT KUHL: The 10 question is on the resolution. All those in 11 favor, signify by saying aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 (There was no response.) 15 The resolution is unanimously 16 adopted. 17 Jason Kingsley, on behalf of 18 Senator Libous, Senator Marino, and all the 19 members of State Senate, thank you for coming 20 here today. Thank you for sharing a bit of your 21 life with us. We are very, very proud of you as 22 you can detect from the outpouring of sympathy 23 and pride here today from the members. 4327 1 Thank you again for coming. 2 (Whereupon, there was a standing 3 ovation.) 4 Also to our many guests who are 5 here, while he have singled out Jason and 6 Mitchell, your story is one that we appreciate 7 your coming and sharing with us. Certainly, we 8 recognize your disabilities. And, again, on 9 behalf of Senator Libous and Senator Marino and 10 all the members here, thank you, too, for 11 coming. 12 Senator Present. 13 SENATOR PRESENT: Mr. President. 14 May we up the controversial calendar. 15 ACTING PRESIDENT KUHL: Clerk 16 will read the controversial calendar. 17 THE SECRETARY: On page 5, 18 Calendar Number 249, by Senator Libous, Senate 19 Bill Number 6219A, an act to amend the Public 20 Health Law, creating a program for traumatic 21 brain injury and creating a traumatic brain 22 injury services coordinating Council. 23 ACTING PRESIDENT KUHL: Clerk 4328 1 will Clerk will read the 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 44. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 424, by Senator Johnson, Senate Bill Number 12 6842, an act to amend the Real Property Tax Law. 13 ACTING PRESIDENT KUHL: Clerk 14 will read the 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 44. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 4329 1 847, by Senator Libous, Senate Bill Number 2 6927B, an act to amend the Mental Hygiene Law, 3 requiring the Office of Mental Health and the 4 Office of Mental Retardation to review forms. 5 ACTING PRESIDENT KUHL: Clerk 6 will read the 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 44. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 853, by Senator Libous, Senate Bill Number 7189, 17 an act to amend the Mental Hygiene Law, 18 requiring the informed consent of a parent or 19 guardian or a court authorization prior to 20 administration. 21 ACTING PRESIDENT KUHL: Clerk 22 will read the last section. 23 THE SECRETARY: Section 2. This 4330 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 854, by Senator Libous, Senate Bill Number 10 7485A. 11 SENATOR PRESENT: Lay it aside 12 for the day. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside for the day. 15 THE SECRETARY: Calendar Number 16 855, by Senator Libous, Senate Bill Number 17 7516A, an act to amend the Mental Hygiene Law, 18 in relation to periodic orientation. 19 ACTING PRESIDENT KUHL: Clerk 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 4331 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 44. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 901, by Senator Libous, Senate Bill Number 4588, 8 an act to amend the Public Health Law, in 9 relation to requiring consent for visual 10 observation. 11 ACTING PRESIDENT KUHL: Clerk 12 will read the 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 ACTING PRESIDENT KUHL: Announce 19 the results. 20 THE SECRETARY: Ayes 41. Nays 21 3. Senators DeFrancisco, Kuhl, and Maltese 22 recorded in the negative. 23 ACTING PRESIDENT KUHL: The bill 4332 1 is passed. 2 THE SECRETARY: Calendar Number 3 932, by Senator Libous, Senate Bill Number 7033, 4 an act to amend the State Finance Law. 5 ACTING PRESIDENT KUHL: Clerk 6 will read the 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 44. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 787 -- excuse me -- 987, by Senator Libous, 17 Senate Bill Number 5440B, an act to amend the 18 Education Law, in relation to vocational 19 rehabilitation. 20 ACTING PRESIDENT KUHL: Clerk 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4333 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 44. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1035, by Senator Libous, Senate Bill Number 9 6929A, an act to amend the Mental Hygiene Law. 10 ACTING PRESIDENT KUHL: Clerk 11 will read the 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 44. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1036, by Senator Libous, Senate Bill Number 22 7032, an act to amend the Mental Hygiene Law. 23 ACTING PRESIDENT KUHL: Clerk 4334 1 will read the 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 ACTING PRESIDENT KUHL: Announce 8 the results. 9 THE SECRETARY: Ayes 42. Nays 2. 10 Senators Kuhl and Velella recorded in the 11 negative. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1038, by Senator Libous, Senate Bill Number 16 8362, an act to amend the Mental Hygiene Law. 17 ACTING PRESIDENT KUHL: Clerk 18 will read the 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.) 4335 1 THE SECRETARY: Ayes 44. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1094, by Senator Cook, Senate Bill Number 2845, 6 Real Property Tax Law. 7 ACTING PRESIDENT KUHL: Read the 8 last 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 44. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1097, by Senator Libous, Senate Bill Number 19 6991, Executive Law, in relation to the Office 20 of Advocate for Persons with Disabilities. 21 ACTING PRESIDENT KUHL: Clerk 22 will read the last section. 23 THE SECRETARY: Section 2. This 4336 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1118, by Senator Libous, Senate Bill Number 10 5056, an act to amend the Tax Law, in relation 11 to authorizing a tax credit for employing 12 individuals with disabilities. 13 ACTING PRESIDENT KUHL: Clerk 14 will read the 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 44. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 Senator Present, is it your 4337 1 desire to return to regular order? 2 SENATOR PRESENT: Regular order. 3 ACTING PRESIDENT KUHL: Senator 4 Farley. 5 SENATOR FARLEY: Yes, Mr. 6 President. If we might return to motions. I 7 would like to put a sponsor star on Calendar 8 1032 and 1033. 9 I would also like to be recorded 10 in the negative on Calendar 901. 11 ACTING PRESIDENT KUHL: Without 12 objection, Senator Farley will be recorded in 13 the negative on Calendar Number 901. Sponsor's 14 stars will be placed on Calendars Number 1032 15 and 1033. 16 Senator Wright. 17 SENATOR WRIGHT: Mr. President. 18 I was away on Senate business when the vote on 19 Calendar 1004, Senate Print S.3302A was taken. 20 I would like the record to reflect that had I 21 been in the chamber when the vote was taken, I 22 would have voted in the affirmative on Calendar 23 1004. 4338 1 ACTING PRESIDENT KUHL: The 2 record will so indicate, Senator Wright. 3 Clerk will read regular order. 4 THE SECRETARY: On page 31, 5 Calendar Number 1044, by Senator Cook, Senate 6 Bill Number 7185, Agriculture and Markets Law, 7 in relation to agricultural practices. 8 ACTING PRESIDENT KUHL: Senator 9 Oppenheimer. 10 SENATOR OPPENHEIMER: This bill 11 before us would amend the Ag and Markets Law; 12 and in doing so, would specifically designate 13 aerial spraying of pesticides as a sound 14 agricultural practice. In so doing, this bill 15 would restrict the legal options available to 16 adjacent property owners who have been in 17 voluntarily exposed to this potential serious 18 health threat. 19 The likelihood of exposure with 20 this aerial application is very high. Neighbors 21 who live in close proximity will have absolutely 22 no control and, indeed, their legal options 23 would be restricted. There's drifting wind 4339 1 conditions. 2 I mean if we just look back at 3 our history, during the '50s and '60s, there was 4 aerial spraying of DDT, and we were all assured 5 that it was absolutely safe, and it was years 6 later that DDT got banned after considerable and 7 serious damage to neighbors and families in the 8 proximity of that spraying. 9 Pesticides have well-documented 10 toxic effects, and we know that some are 11 expected carcinogens and that some have -- they 12 inhibit immunity, they cause reproduction 13 problems, behavioral problems, growth problems. 14 We're not talking about neighbors 15 being bothered by the smell of manure or noise 16 from a tractor or mower. We are talking about 17 something that is seriously very potential - 18 potentially very serious problem. 19 And I think we have to think 20 twice about restricting legal options for 21 property owners who through no determination on 22 their own part are subjected to aerial spraying 23 of pesticides. 4340 1 So I will be voting no, and I can 2 tell you that the Environmental Planning Lobby 3 feels very strongly about this, also. 4 ACTING PRESIDENT KUHL: Is there 5 any other Senator wishing to speak on the bill? 6 Senator Cook. 7 SENATOR COOK: Mr. President. 8 Aerial spraying like all other spraying or all 9 other use of insecticides or herbicides or any 10 type of chemicals in agriculture or any other 11 endeavor in this state is very rigidly 12 controlled by the Department of Environmental 13 Conservation. 14 Aerial sprayers like everybody 15 else have to have licenses. They have to 16 conform to very strict regulations in terms of 17 what they use, how they use it, the conditions 18 under which they can fly and spray, the 19 condition under which certain chemicals can be 20 utilized. The regulations are extremely rigid. 21 Balanced against that, is the 22 need that all of us have for one of the basic 23 needs of life which is food, and, indeed, in 4341 1 today's society, the aerial sprayer is almost as 2 basic in some farm operations as the plow used 3 to be; because with the kind of operations that 4 we have today in producing food, we need to be 5 able to use the airplane as a means of 6 controlling the various pests that may threaten 7 the growth of our very food resource. 8 Mr. President. This is not as 9 some people try to envision it a thing that's 10 going to let people fly all over and dump all 11 kinds of stuff on people's heads. As I said 12 before, the aerial sprayer is under very rigid 13 regulation. There are penalties in place if 14 they do not follow those regulations. 15 It is done in an entirely safe 16 manner. If we are going to have an agricultural 17 in this state, we must enable them to use the 18 tools that are at their disposal. 19 For that reason, the bill ought 20 to be passed. 21 ACTING PRESIDENT KUHL: Senator 22 Oppenheimer. 23 SENATOR OPPENHEIMER: Will 4342 1 Senator Cook yield to a question? 2 ACTING PRESIDENT KUHL: Senator 3 Cook, will you yield? 4 SENATOR COOK: Yes. 5 ACTING PRESIDENT KUHL: Senator 6 yields. 7 SENATOR OPPENHEIMER: The 8 question is, if it is so safe and so well 9 controlled, then why are we restricting the 10 legal options of the neighbors, the surrounding 11 environment? 12 SENATOR COOK: Mr. President. 13 "Right to Farm" legislation has been something 14 that we have been some time in trying to develop 15 in this state. 16 Growth and development are a 17 mixed bag. Because, at one time, places that 18 were farm communities have now grown up with a 19 lot of residents. These residents come from 20 areas of the state where they have not been used 21 to farms. They haven't been used to the odors. 22 They have not been used to the sounds of 23 tractors; and, indeed, they haven't been used to 4343 1 the sound of airplanes flying over their head at 2 7:00 o'clock in the morning, which is the major 3 concern that seems to be there. 4 And these cases, utilize the 5 lawsuit as a means to simply harass the farmer. 6 And all this bill does is basically put the 7 presumption there that as long as the farmer is 8 complying with the law, complying with the 9 regulations, that he is going to be free to 10 continue to do the things that have to be done 11 to produce the food that all of us consume in 12 this state. 13 So it is not a matter that we are 14 protecting somebody, indemnifying anybody 15 against anything. It is simply a presumption 16 that so long as people comply with the law and 17 do the things that the regulations tell them 18 that they have to do that they have a right to 19 do that free from harassment. 20 SENATOR OPPENHEIMER: Would the 21 Senator yield for one more question? 22 ACTING PRESIDENT KUHL: Senator 23 Cook, do you continue to yield? 4344 1 SENATOR COOK: Yes. 2 ACTING PRESIDENT KUHL: Senator 3 does. 4 SENATOR OPPENHEIMER: Are you 5 aware that it is likely we will be receiving a 6 memo from the DEC opposing this? 7 SENATOR COOK: Mr. President. I 8 sometimes find DEC to be a little curious, 9 because in the one case where I am aware of, 10 they have been tearing their hair out, as well, 11 because one particular farm that has been 12 harrassed in the manner that I spoke of has been 13 actually utilized by DEC as a training 14 location. Their operation has been so good that 15 DEC has used them as a means of showing other 16 people how they ought to be doing it; and yet 17 that very farm is the one that some people have 18 chosen to harass because, as I said, there is a 19 certain inconvenience. 20 Now, the point is that the 21 individuals who are upset with this operation 22 have been rather recent arrivals on the scene; 23 and that, indeed, people weren't flying 4345 1 airplanes over at the time that they came there, 2 but there was a farm there at the time. 3 And DEC has probably felt 4 obligated because of certain pressures put on 5 them to oppose this; but, frankly, they have 6 been involved in the same kind of frustration 7 that the farmer has been involved in, in this 8 case, because they have been there time after 9 time on complaints from people and found that 10 the complaints were absolutely unfounded. The 11 farmer was doing absolutely everything exactly 12 the way he was supposed to be doing it, and yet 13 he continues to be harrassed. 14 SENATOR OPPENHEIMER: Thank you, 15 Senator. 16 ACTING PRESIDENT KUHL: Clerk 17 will read the 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 ACTING PRESIDENT KUHL: Announce 4346 1 their results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar 1044 are Senators 4 Dollinger, Espada, Galiber, Gold, Goodman, 5 Jones, Ohrenstein, Oppenheimer, and Solomon. 6 Ayes 35. Nays 9. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1093, by Senator Cook, Senate Bill Number 2547, 11 an act to amend the Labor Law, in relation to 12 safety and health standards for public 13 employees. 14 SENATOR GOLD: Yes, Mr. 15 President. Will the Senator be kind enough to 16 give us one more day. I will go with it Monday 17 if you want. 18 SENATOR COOK: Okay. 19 SENATOR GOLD: Thank you so much. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar number 23 1096, by Senator Bruno, Senate Bill Number 6937, 4347 1 an act to amend the Racing Pari-Mutuel Wagering 2 and Breeding Law. 3 SENATOR DOLLINGER: Explanation. 4 ACTING PRESIDENT KUHL: An 5 explanation has been asked for. 6 Senator Bruno, an explanation has 7 been asked for to Calendar Number 1096 by 8 Senator Dollinger. 9 SENATOR BRUNO: Yes, Mr. 10 President. 11 This is a local bill. Pertains 12 only to the Saratoga Race Track, and it exempts 13 seasonal employees from the licensing procedures 14 that are requested of annual employees. 15 Up until now, college students, 16 retired people who work at the Saratoga track 17 have never had to be fingerprinted. They've 18 never had to buy a license for 62.50, and the 19 Racing and Wagering Board for some reason or 20 another has interpreted the rules recently to 21 state that these seasonal employees now have to 22 give up a week's pay out of five weeks to get 23 licensed. 4348 1 Now, these people cut the grass. 2 They keep the place clean. They are waitresses, 3 waiters, that kind of thing. So it seems 4 ludicrous that we would after all of these years 5 be requiring these people to be fingerprinted 6 and paying a week's pay to work five weeks. And 7 I say ludicrous because I'm being kind. 8 That's the explanation, Mr. 9 President. And I urge the support of everyone 10 in this chamber for this very well-intentioned 11 piece of legislation. 12 ACTING PRESIDENT KUHL: Senator 13 Dollinger. 14 SENATOR DOLLINGER: Mr. 15 President. Will the sponsor yield to a 16 question? 17 ACTING PRESIDENT KUHL: Senator 18 Bruno, will you yield to a question? 19 SENATOR BRUNO: Yes. Yes, 20 Senator. 21 ACTING PRESIDENT KUHL: Senator 22 Bruno yields. 23 SENATOR DOLLINGER: Senator, so I 4349 1 understand this, what was the rationale of the 2 Racing and Wagering Board in issuing that 3 determination? 4 SENATOR BRUNO: The law presently 5 reads that it is at their discretion that they 6 can require the seasonal employees to be 7 licensed, and they have in their discretion not 8 required it until this year. And Saratoga has 9 had a four-week racing season, and it has been 10 extended to a five-week racing season. And when 11 they did that, I guess they re-examined and 12 moved in this direction. 13 I talked to the chair of the 14 Racing and Wagering Board, and he and his 15 counsel said that they feel that they need 16 legislative clarification so that they wouldn't 17 have to move in this direction, and we also have 18 a letter from the chair of NYRA supporting this 19 because the income is inconsequential. There 20 are practical no fiscal ramifications to this. 21 So, after talking to the Racing 22 and Wagering Board and to the NYRA people and to 23 many of the employees and their representatives 4350 1 up there, we decided that the way to correct 2 this would be to put in this legislation, so 3 that's how it got here. 4 SENATOR DOLLINGER: Just one 5 final question, Mr. President. If the sponsor 6 will continue to yield. 7 ACTING PRESIDENT KUHL: Senator 8 Bruno, do you continue to yield? 9 SENATOR BRUNO: Yes. 10 ACTING PRESIDENT KUHL: Senator 11 Bruno yields. 12 SENATOR DOLLINGER: The theory 13 that a seasonal employee should have to pay this 14 cost, wouldn't that also apply to other 15 summertime employees at other tracks across the 16 state, students and people who are serving short 17 periods of time? 18 I understand because of the 19 special five-week or four-week session at 20 Saratoga, it's a slightly different situation, 21 but, certainly, a summertime employee, a college 22 student anywhere, would have the same argument; 23 one that you've outlined, that they are only 4351 1 there for a short period of time and they 2 shouldn't have to pay this cost for this short 3 tenure of work. Isn't that correct. 4 SENATOR BRUNO: That could be 5 correct. I wouldn't want to be making judgments 6 about Belmont or Aquaduct. I would think those 7 people that are closest to that situation would 8 want to make a judgment on whether or not this 9 might be extended, but that could very well be 10 correct. 11 But we were applying this 12 directly to Saratoga because that's in my 13 district, and, as I mentioned earlier, the 14 seasonal employees have never been required to 15 pay anything like this. They have never been 16 required to get a license, and this was new. 17 And in order to correct it, we've introduced the 18 legislation. 19 SENATOR DOLLINGER: Thank you. 20 ACTING PRESIDENT KUHL: Clerk 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4352 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 44. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 SENATOR MARKOWITZ: Mr. 8 President. 9 ACTING PRESIDENT KUHL: Senator 10 Markowitz. 11 SENATOR MARKOWITZ: I ask to be 12 recorded in the negative on Calendar Number 13 1044. 14 ACTING PRESIDENT KUHL: Without 15 objection, Senator Markowitz will be recorded in 16 the negative on Calendar Number 1044. 17 Clerk will continue to read the 18 controversial calendar. 19 THE SECRETARY: Calendar Number 20 1099, by Senator Rath. 21 SENATOR PRESENT: Lay it aside 22 for the day. 23 ACTING PRESIDENT KUHL: Lay the 4353 1 bill aside for the day. 2 THE SECRETARY: Calendar Number 3 1104, by Senator Johnson, Senate Bill Number 4 7837A, an act to amend the Executive Law. 5 SENATOR DOLLINGER: Explanation. 6 ACTING PRESIDENT KUHL: Senator 7 Johnson. Senator Dollinger has asked for an 8 explanation. 9 SENATOR JOHNSON: Mr. President. 10 This is a bill that's an outgrowth of the 11 Department of State -- rather Governor's Task 12 Force on Coastal Resources which is coordinated 13 by the Department of State, and one of their 14 recommendations was that coordination between 15 various agencies of dredging projects would be 16 beneficial to the waterways surrounding our 17 island and our state. 18 This board was setup to set up 19 this clearing house under the authority of the 20 Department of State, and they talk about 21 possible misuse of valuable sand supplies for 22 nonrelated shoreline projects, excessive delays 23 in completing simple maintenance dredging 4354 1 because suitable spoil sites remain 2 unidentified, inability of dredging sponsor to 3 take advantage of combining their projects to 4 reduce the cost. 5 Many other thoughts have gone 6 into this saying it might be a desirable thing 7 to have a program for coordinating and advising, 8 in this case. And, of course, we include on 9 this board various other states agencies such as 10 Environmental Conservation, General Services, 11 Parks Recreation, and so forth. 12 And I say, based on their 13 recommendation, I introduced this bill and it's 14 here before us today. 15 ACTING PRESIDENT KUHL: Chair 16 recognizes Senator Oppenheimer. 17 SENATOR OPPENHEIMER: This is 18 really a very essential bill. I can speak to it 19 from my prior life when I was the mayor of a 20 village that had a large harbor and that 21 required dredging about once every ten years. 22 This is essential that we have this clearing 23 house for those communities that are on the 4355 1 water and that do have to keep federal 2 passageways open. 3 It's a wonderful bill, and I 4 commend the Senator on it. 5 ACTING PRESIDENT KUHL: Senator 6 Dollinger on the bill. 7 SENATOR DOLLINGER: Mr. 8 President. Will the sponsor yield just to one 9 question? 10 ACTING PRESIDENT KUHL: Senator 11 Johnson, do you yield to Senator Dollinger? 12 SENATOR JOHNSON: Yes, Mr. 13 President. 14 ACTING PRESIDENT KUHL: Senator 15 Johnson yields. 16 SENATOR DOLLINGER: Senator 17 Johnson, the reason why I laid this bill aside 18 and I wanted to ask the question, is just to 19 make sure that it applies to the Great Lakes as 20 well as to our coastline on Long Island Sound or 21 on the ocean. 22 Is that in fact the case, that is 23 to be a statewide clearing house that would deal 4356 1 with dredging issues throughout the state, and 2 not just on the Island. 3 SENATOR JOHNSON: Yes, it is 4 Senator. 5 SENATOR DOLLINGER: Okay. Thank 6 you. 7 The reason why I raise that issue 8 is because up on the Great Lakes in the Town of 9 Greece, which I represent in Braddocks Bay, we 10 have to dredge every single year because of the 11 build up of silt at the entrance to Braddocks 12 Bay, which is one of the very shallow harbors 13 right off the -- the -- Lake Ontario. 14 What's interesting about it is, 15 the reason why it's so critical, is because 16 there's a marina inside the bay for which the 17 town and the state and DEC have worked to 18 establish a rental agreement. The rent, the 19 rental income is used by the town to buy, 20 preserve and defend the integrity of the rest of 21 the wetlands in the back, in the southern 22 portion of the bay. 23 And if we don't have the channel 4357 1 open on a consistent basis, we lose the 2 derivative income from the operation of the 3 marina. And I've had several meetings this 4 spring with the marina operators with 5 representatives of the town because we're going 6 to have to dredge the channel again. 7 We have been able to dredge it 8 every year. The equipment is getting older. 9 It's a very significant expense, as I'm sure 10 Senator Johnson knows. And to have this kind of 11 dredging commission set up I think is a great 12 idea. In fact, if we do make it into law, I 13 certainly will be writing them a letter to have 14 them consider Braddock Bay as one of their first 15 projects. 16 I thank the Senator for bringing 17 this forward. I think it's a good bill, and 18 I'll be voting in the affirmative. 19 SENATOR JOHNSON: Thank you, 20 Senator. 21 ACTING PRESIDENT KUHL: Senator 22 Johnson on the bill. 23 SENATOR JOHNSON: I appreciate 4358 1 your support. I'd just like to let you know 2 that we also include the Army Corps of 3 Engineers, New York City and Buffalo District, 4 and, of course, they would be an integral part 5 of this. We can't require them to participate, 6 but we welcome their participation in the 7 discussions. 8 Thank you. 9 ACTING PRESIDENT KUHL: Clerk 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 44. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar number 20 1112, by Senator Daly, Senate Bill Number 8262, 21 an act to amend the Education Law, in relation 22 to courses of instruction and patriotism. 23 ACTING PRESIDENT KUHL: Senator 4359 1 Dollinger. 2 SENATOR DOLLINGER: Senator Daly 3 yield to a question? 4 ACTING PRESIDENT KUHL: Senator 5 Daly do you yield to Senator Dollinger's 6 question? 7 SENATOR DALY: Yes, Mr. 8 President. 9 ACTING PRESIDENT KUHL: Senator 10 Daly yields. 11 SENATOR DOLLINGER: First of all, 12 Senator, what information or what evidence do we 13 have that this is not being done in our public 14 schools? Is there any suggestion or any 15 understanding that you have that this type of 16 education is not being done in our schools. 17 SENATOR DALY: Not really, 18 Senator. I don't think the reason I'm putting 19 the bill on the floor is because it's not being 20 done in the classrooms. I'm concerned about 21 something that's becomimg more and more 22 prevalent in this country and that's revision of 23 historical text. 4360 1 In many cases, the mention of the 2 Creator, of God, are stricken from texts and 3 also there is the problem, the possibility, that 4 if we allow if someone wishes to do so, he can 5 take exception to the posting of let us say the 6 Preamble of the Constitution or the words of 7 Patrick Henry or the words of any historical 8 document that I mention in the bill because they 9 mention God, mention Creator. 10 And there are instances, 11 examples, of where people have taken exception 12 in schools of the posting of the Preamble of the 13 Constitution, of as I said the words of Patrick 14 Henry, because they mention the Creator. They 15 mention God. 16 There also is obviously a new - 17 let me begin. There also is obviously a 18 revision of text occurring in our textbooks and 19 our history books, where reference to the 20 Creator, to the Almighty, is deleted. 21 And I think it's important that 22 we maintain the integrity of our historical 23 documents and that our young people be exposed 4361 1 to all of the words that are in those historical 2 documents. And that revision of those 3 historical documents, which is creeping up on us 4 right now, will creep up even faster. And 5 before we know it, we will not have available 6 for our young people those historic documents 7 unedited and unrevised. Because I believe those 8 documents are sacred, they should be protected; 9 and those documents in toto should be available 10 to the young people who are being educated in 11 our school system. 12 SENATOR DOLLINGER: Mr. 13 President. Just one other question. 14 ACTING PRESIDENT KUHL: Senator 15 Daly, do you continue to yield? 16 SENATOR DALY: Certainly. 17 ACTING PRESIDENT KUHL: Senator 18 Daly yields. 19 SENATOR DOLLINGER: Senator, when 20 you make the reference to content-based 21 censorship, is that what you're making reference 22 to, the comments that you just made a moment ago 23 regarding the deletion or removal of certain 4362 1 terms and references from those documents? 2 SENATOR DALY: Yes, I am. 3 ACTING PRESIDENT KUHL: Senator 4 Jones. 5 SENATOR JONES: Yes, would the 6 Senator yield to a question, please? 7 ACTING PRESIDENT KUHL: Senator 8 Daly, do you yield to Senator Jones? 9 SENATOR DALY: Certainly, Mr. 10 President. 11 ACTING PRESIDENT KUHL: Senator 12 Daly yields. 13 SENATOR JONES: I certainly agree 14 with you, Senator Daly. I'm just a little 15 concerned because I heard you say unrevised. 16 Actually, the Pledge of Allegiance did not 17 include God. We added it in. I hope this will 18 not give someone an option under this to remove 19 it, because it really was not in the original 20 version. 21 SENATOR DALY: Senator, I agree 22 with you, but I also believe that we should not 23 revise the Preamble of the Constitution, and I 4363 1 don't think we should revise the quotations, the 2 statements of many of our historical heros, 3 Revolutionary heros, as I said before, like 4 Patrick Henry or Nathan Hale. I don't think we 5 should revise the version of the Mayflower 6 compact. 7 Those documents should remain as 8 they were written, and that's basically what 9 this bill says. Teachers, school districts, may 10 allowed teachers to post the unrevised version 11 of any of these historical documents because 12 it's so important to our nation. 13 I wouldn't want to change one of 14 those documents one word. I think it's a 15 complete and utter violation, which we have to 16 protect against. 17 SENATOR JONES: On the bill. 18 ACTING PRESIDENT KUHL: Senator 19 Jones on the bill. 20 SENATOR JONES: I totally agree 21 with Senator Daly, and I would not want any of 22 those deleted. I just am concerned that the 23 same people who might want to do this would 4364 1 bring up this point that we actually did revise 2 the Pledge and add God. It's very important 3 that it stays in there as well as all the other 4 documents in its original form. 5 I would just caution that 6 hopefully this would not be a result. 7 ACTING PRESIDENT KUHL: Clerk 8 will read the last 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 44. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Present, that completes 18 the controversial calendar, sir. 19 SENATOR PRESENT: If there is no 20 housekeeping and Mr. Cornell is caught up, fine. 21 ACTING PRESIDENT KUHL: House 22 keeping? 23 SENATOR PRESENT: Mr. President. 4365 1 I would like to call an immediate meeting of the 2 Rules Committee in Room 332, and I ask that the 3 Senate stand at ease awaiting the report of the 4 Rules Committee, at which time, I will adjourn 5 the Senate until Monday at 3:00 p.m. But 6 members should be advised as they were in the 7 past that subject to 24 hours' notice, they may 8 be called. 9 ACTING PRESIDENT KUHL: There 10 will be an immediate meeting of the Rules 11 Committee in the Majority Conference Room, Room 12 332. The Senate will stand at ease awaiting the 13 report of the Rules Committee. 14 Senator Dollinger. 15 SENATOR DOLLINGER: Just so I 16 understand. Is it the intention of the Rules 17 Committee to report and that there will be no 18 further action taken on the Rules Committee 19 report? 20 ACTING PRESIDENT KUHL: Your 21 intention is correct. The Senate will stand at 22 ease. 23 (Whereupon, at 12:56 p.m., Senate 4366 1 reconvened.) 2 (Whereupon, Senator Johnson was 3 in the chair.) 4 ACTING PRESIDENT JOHNSON: Senate 5 will come to order. 6 I recognize Senator Present. 7 SENATOR PRESENT: Mr. President. 8 Before we start, I would like to return to 9 motions. 10 On behalf of Senator Sears, I 11 would like to move to amend Senate Bill 8321A by 12 striking out the amendments made on 6-1 and 13 restoring it to its original Print Number 8321. 14 ACTING PRESIDENT JOHNSON: 15 Without objection, so ordered. 16 SENATOR PRESENT: Mr. President. 17 Return to report of standing committees and 18 receive that report. 19 THE SECRETARY: Senator Marino 20 from the Committee on Rules reports the 21 following bills directly for third reading: 22 Senate Bill 6497, by Senator 23 Stafford, Environmental Conservation Law. 4367 1 6716B, by Senators Larkin and 2 Stafford, Local Finance Law. 3 6942, by Senator Wright and 4 others, an act to amend the Executive Law and 5 the State Administrative Procedure Act. 6 6990, by Senators Libous, 7 DeFrancisco and others, Criminal Procedure Law. 8 7164, by Senator Lack, an act to 9 amend the Highway Law. 10 7166, by Senator Lack, an act to 11 amend the Public Authorities Law. 12 7421A, by Senators Spano and 13 Wright, an act to amend the Labor Law. 14 7583, by Senator Hannon and 15 others, Environmental Conservation Law. 16 7719, by Senators Larkin and 17 Holland, Real Property Tax Law. 18 7765, by Senator Gold and others, 19 an act to amend the Education Law. 20 7886A, by Senator DeFrancisco, 21 authorize the Town of VanBuren to convey to 22 James and Ginger Rudick easement through land. 23 7919, by Senator Sears, Education 4368 1 Law, in relation to pupil tests. 2 7950, Senator Marino and others, 3 an act to amend the Penal Law and the Vehicle 4 and Traffic Law. 5 8156, by Senator Cook, Education 6 Law. 7 8344, by Senator Holland, an act 8 to amend the Penal Law. 9 8493, by Senator Sears, an act to 10 amend the Tax Law. 11 8519, by Senator Rath, New York 12 State teachers retirement system. 13 8523, by the Committee on Rules, 14 an act to amend the Tax Law. 15 8524, by Senator Cook, authorize 16 the Town of Andes to transfer certain funds. 17 8525, by the Committee on Rules, 18 an act to amend the Vehicle and Traffic Law. 19 And, 8526, by the Committee on 20 Rules, an act to amend the Local Finance Law. 21 All bills reported directly for 22 third reading. 23 SENATOR LEVY: Mr. President. 4369 1 ACTING PRESIDENT JOHNSON: 2 Without objection third reading. 3 SENATOR PRESENT: Mr. President. 4 Would you recognize Senator Levy. 5 ACTING PRESIDENT JOHNSON: 6 Senator Levy. 7 SENATOR LEVY: Yes. I request 8 unanimous consent to be recorded in the negative 9 on Calendar 1044. 10 SENATOR PRESENT: No objection. 11 SENATOR LEVY: Thank you. 12 SENATOR PRESENT: Mr. President. 13 There being no further business, I move that we 14 adjourn until Monday, June 6, at 3:00 p.m. 15 intervening days to be legislative days. The 16 members should be advised that they are subject 17 to a 24 hour call from the Majority Leader for a 18 session. 19 ACTING PRESIDENT JOHNSON: Senate 20 adjourned. 21 (Whereupon, at 1:00 p.m., Senate 22 adjourned.) 23