Tuesday, June 6, 1995

7820 1 2 3 4 5 6 7 ALBANY, NEW YORK 8 June 6, 1995 9 10:00 a.m. 10 11 12 REGULAR SESSION 13 14 15 16 SENATOR JOHN R. KUHL, JR., Acting President 17 STEPHEN F. SLOAN, Secretary 18 19 20 21 22 23 7821 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Ask the members to take 4 their chairs; staff to find their places. I 5 would ask everybody to rise in the chamber and 6 join me in saying the Pledge of Allegiance. 7 (Whereupon, the Senate and those 8 present joined in the Pledge of Allegiance to 9 the Flag.) 10 In the absence of clergy, may we 11 bow our heads in a moment of silence. 12 (Whereupon, there was a moment of 13 silence.) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Monday, June 5. The Senate met pursuant to 17 adjournment, Senator Hoblock in the Chair upon 18 designation of the Temporary President. Prayer 19 by The Reverend Father Peter G. Young, Blessed 20 Sacrament Church, Bolton Landing. The Journal 21 of Sunday, June 4, was read and approved. On 22 motion, Senate adjourned. 23 ACTING PRESIDENT KUHL: Hearing 7822 1 no objection, the Journal stands approved as 2 read. 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 Senator Bruno. 8 SENATOR SKELOS: I believe there 9 is a report from the Rules Committee. Can we 10 have it read, please. 11 ACTING PRESIDENT KUHL: You are 12 absolutely correct, Senator Skelos. I will ask 13 the Secretary to read the report from the Rules 14 Committee. 15 THE SECRETARY: Senator Bruno 16 from the Committee on Rules reports the 17 following bills: 18 Senate Print 523A, by Senator 19 Skelos, an act to amend the Executive Law, the 20 Tax Law and the Finance Law, in relation to 21 missing children; 22 1015, by Senator Cook, an act to 23 amend the Highway Law, in relation to bridges in 7823 1 the County of Delaware; 2 1310, by Senator Farley, an act 3 to amend the Real Property Tax Law, in relation 4 to permitting senior citizens to pay taxes in 5 installments; 6 2187, by Senator Johnson, an act 7 to amend the Vehicle and Traffic Law, in 8 relation to strengthening the standards 9 regulating excessive noise; 10 2350A, by Senator Cook, an act to 11 amend the Executive Law, in relation to reports 12 by registered charitable organizations; 13 2402, by Senator Johnson, an act 14 to amend the Real Property Tax Law, in relation 15 to granting partial exemption; 16 3110, by Senator Hoblock, an act 17 to amend the Labor Law, in relation to the 18 amount of unemployment benefits; 19 3625, by Senator Santiago, an act 20 authorizing the City of New York to reconvey its 21 interest in certain real property; 22 3662, by Senator Trunzo, an act 23 to amend the Retirement and Social Security Law, 7824 1 in relation to individuals who make application 2 for ordinary and accidental disability 3 retirement benefits; 4 3830A, by Senator Kuhl, an act to 5 amend the Public Officers Law and the Town Law, 6 in relation to eliminating the residency 7 requirement; 8 3857, by Senator Libous, an act 9 to amend the Executive Law, in relation to 10 authorizing the Office of Advocate for Persons 11 with Disabilities; 12 3897A, by Senator Libous, an act 13 to amend the Mental Hygiene Law and Chapter 744 14 of the Laws of 1992, amending the Mental Hygiene 15 Law; 16 3956A, by Senator Trunzo, an act 17 to amend the Retirement and Social Security Law, 18 in relation to establishment of retirement 19 programs; 20 4130, by Senator Trunzo, an act 21 to amend the Executive Law, in relation to 22 benefits provided; 23 4435, by Senator Maziarz, an act 7825 1 to amend the Vehicle and Traffic Law, in 2 relation to fees received by county clerks; 3 4440, by Senator Libous, an act 4 to amend the Education Law, in relation to 5 vocational rehabilitation, creating the New York 6 State Office for the Blind and Visually 7 Impaired; 8 4442, by Senator Libous, an act 9 to amend the Public Health Law, in relation to 10 requiring consent; 11 4519, by Senator Libous, an act 12 to amend the Mental Hygiene Law, in relation to 13 periodic orientation; 14 4584, by Senator Hoblock, an act 15 to amend the Labor Law, in relation to 16 developing a policy and a report; 17 4631, by Senator Libous, an act 18 to amend the Mental Hygiene Law, in relation to 19 memberships of the boards of visitors; 20 4634A, by Senator Holland, an act 21 to amend the Agriculture and Markets Law, the 22 State Finance Law and Chapter 115 of the Laws of 23 1894, relating to the better protection of lost 7826 1 and strayed animals; 2 4849, by Senator Trunzo, an act 3 to amend the Retirement and Social Security Law, 4 in relation to retirement allowance options; 5 5044A, by Senator Wright, an act 6 to amend the Public Authorities Law, in relation 7 to the powers and duties of the Port of Oswego 8 Authority; 9 5062A, by Senator Levy, an act to 10 amend the Public Authorities Law, in relation to 11 the acquisition of real property; 12 5120, by Senator Farley, an act 13 to amend the Banking Law, in relation to 14 establishing limitations; 15 5205, by Senator Farley, an act 16 to authorize certain participating employers to 17 elect to provide the retirement incentive 18 provided; 19 5250, by Senator Sears, an act to 20 legalize, validate, ratify and confirm the acts 21 and proceedings of the board of trustees of the 22 Village of Vernon, Oneida County; 23 All bills ordered directly for 7827 1 third reading. 2 ACTING PRESIDENT KUHL: Without 3 objection, all bills are reported directly to 4 third reading. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 SENATOR RATH: Mr. President. 10 ACTING PRESIDENT KUHL: Senator 11 Rath. 12 SENATOR RATH: On page 34, I'd 13 like to put a sponsor star on Calendar 947. 14 Thank you. 15 ACTING PRESIDENT KUHL: Without 16 objection, a sponsor star is placed on Calendar 17 Number 947. 18 Senator Farley. 19 SENATOR FARLEY: Thank you, Mr. 20 President. On behalf of Senator Stafford, I 21 wish to call up his bill, Print Number 1551A, 22 which was recalled from the Assembly which is 23 now at the desk. 7828 1 ACTING PRESIDENT KUHL: Secretary 2 will read the title. 3 THE SECRETARY: Calendar Number 4 350, Budget Bill, Senate Print 1551A, an act 5 making appropriations for the support of 6 government. 7 ACTING PRESIDENT KUHL: Senator 8 Farley. 9 SENATOR FARLEY: Mr. President. 10 I now move to reconsider the vote by which this 11 bill was passed. 12 ACTING PRESIDENT KUHL: The 13 Secretary will call the roll on reconsideration. 14 (The Secretary called the roll on 15 reconsideration.) 16 THE SECRETARY: Ayes 51. 17 ACTING PRESIDENT KUHL: The bill 18 is before the house. 19 Senator Farley. 20 SENATOR FARLEY: Mr. President. 21 I now offer the following amendments to that 22 bill. 23 ACTING PRESIDENT KUHL: 7829 1 Amendments received and adopted. The bill will 2 retain its place on Third Reading Calendar. 3 SENATOR FARLEY: On behalf of 4 Senator Libous, on page 12, I offer the 5 following amendments to Calendar 500 - 6 SENATOR LIBOUS: Thank you. 7 SENATOR FARLEY: You're welcome. 8 -- Senate Print 2617, and I ask that that bill 9 retain its place on Third Reading Calendar. 10 ACTING PRESIDENT KUHL: 11 Amendments to Calendar Number 500 are received 12 and adopted; and the bill, despite Senator 13 Libous, will retain its place on the Third 14 Reading Calendar. 15 SENATOR FARLEY: Mr. President. 16 On behalf of Senator DiCarlo, on page 42, I 17 offer the following amendments to Calendar 449, 18 Senate Print 4014, and I ask that that bill 19 retain its place. 20 ACTING PRESIDENT KUHL: 21 Amendments to Calendar Number 449 are received 22 and adopted. The bill will retain its place on 23 the Third Reading Calendar. 7830 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President. 3 There will be an immediate meeting of the 4 Finance Committee in Room 332 of the Capitol. 5 ACTING PRESIDENT KUHL: An 6 immediate meeting of the Senate Finance 7 Committee in the Majority Conference Room, Room 8 332. An immediate meeting of the Senate Finance 9 Committee in the Majority Conference Room, Room 10 332. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President. 13 I move we adopt the Resolution Calendar with the 14 exception of Resolutions Number 1529, 1530 and 15 1513. 16 ACTING PRESIDENT KUHL: The 17 motion is to adopt the resolution calendar with 18 the exception of Resolutions Number 1513, 1529 19 and 1530. All those in favor, signify by saying 20 aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (There was no response.) 7831 1 The Resolution Calendar is 2 adopted. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President. 5 I believe there is a Resolution 1529, sponsored 6 by Senator Libous, at the desk. I ask that it 7 be read in its entirety and adopted and that you 8 recognize Senator Libous for some comments. 9 ACTING PRESIDENT KUHL: Senator 10 Skelos, there is a privileged resolution by 11 Senator Skelos at the desk. I will ask the 12 Secretary to read Resolution 1529 in its 13 entirety. 14 THE SECRETARY: By Senator 15 Libous, Legislative Resolution commemorating 16 Tuesday, June 6, 1995 as Legislative Disability 17 Awareness Day in the State of New York. 18 Whereas, the New York State 19 Senate Select Committee on the Disabled in 20 conjunction with the New York State Assembly 21 Task Force on People with Disabilities is 22 sponsoring the 15th Annual Legislative 23 Disability Awareness Day; and 7832 1 Whereas, it is the sense of this 2 Legislative Body that persons with disabilities 3 merit our recognition as they realize the goals 4 of inclusion and equality in our communities and 5 society at large; and 6 Whereas, it is the intent of this 7 Legislative Body to recognize persons with 8 disabilities, accentuating, in turn, the benefit 9 to New York State of their contributions to our 10 economic, educational, and social growth; 11 Legislative Disability Awareness 12 Day so clearly labors for the positive and 13 salutary definition of the communities of the 14 State of New York; 15 Legislative Disability Awareness 16 Day will conclude with this Legislative Body 17 considering legislation significant to persons 18 with disabilities; and 19 Whereas, Legislative Disability 20 Awareness Day provides individuals with an 21 opportunity to acknowledge and understand the 22 legislative process; now, therefore, be it 23 Resolved, that this Legislative 7833 1 Body pause in its deliberations to commemorate 2 Tuesday, June 6, 1995, as Legislative Disability 3 Awareness Day at the State Capitol, Albany, New 4 York, fully confident that such procedure 5 mirrors our shared commitment to the 6 efflorescence of human dignity; and be it 7 further 8 Resolved, that copies of this 9 resolution, suitably engrossed, be transmitted 10 to selected representatives of persons with 11 disabilities. 12 ACTING PRESIDENT KUHL: Chair 13 recognizes Senator Libous on the resolution. 14 SENATOR LIBOUS: Thank you, Mr. 15 President. 16 As was stated by the clerk, today 17 is the 15th Annual Legislative Disability 18 Awareness Day that the Senate and the Assembly 19 are sponsoring together. The day kicks off a 20 little bit different today. 21 Right now in the Senate chamber, 22 because we've changed the time of session, we 23 will honor the people that are involved, and 7834 1 we're also going to do a special resolution 2 honoring Wendy Petzold, who is with me here 3 today who is Ms. Wheelchair America. 4 And then we'll go downstairs at 5 11:00 o'clock, and Wendy will give a speech. We 6 will also meet with a number of the exhibitors, 7 and the purpose of today's ceremony is to make 8 people in New York State, my colleagues here in 9 the Legislature, aware of the concerns of people 10 with disabilities. 11 You know, Mr. President, every 12 year we've had this day. I am extremely proud 13 to be chairman of the Select Committee on the 14 Disabled and find that each year a few more of 15 my colleagues come up to me after the ceremony 16 and ask me a few questions about dealing with 17 people with disabilities and the different kinds 18 of laws that we need to change to make their 19 lives a little bit more easier and making access 20 for them much more easier. 21 This is an education process, 22 Wendy and I were talking about it earlier this 23 morning, as she does her crusade throughout the 7835 1 United States as Ms. Wheelchair America and 2 talking about people with disabilities and what 3 things can be changed in state legislatures like 4 here in New York State. 5 It's an awareness process. It's 6 a process that we as individuals take for 7 granted. Those of us who lead a regular 8 physical life that does not have any of us 9 mentally or physically challenged, we take for 10 granted that people have to live in wheelchairs, 11 that people have physical and mental 12 disabilities that do not allow them 13 accessibility, that do not allow them the 14 everyday occurrences that we take for granted. 15 So today's day is Legislative 16 Disability Awareness Day, and the resolution 17 that was just read on the floor is one to make 18 you and I a little bit more aware that people 19 with disabilities do have a challenge and that 20 it is up to us to work with them as state 21 legislators and change those laws, and that we 22 will continue to move forward with legislation 23 and resolutions such as this as we continue to 7836 1 do what we can in New York State to help people 2 with disabilities. 3 So, Mr. President, I would ask 4 that we pass this resolution, and then I would 5 ask if you could call on me again for another 6 brief statement. 7 ACTING PRESIDENT KUHL: The 8 question is on the resolution, Resolution Number 9 1529. 10 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 unanimously 16 adopted. 17 Chair recognizes Senator Skelos. 18 SENATOR SKELOS: I believe there 19 is a Resolution 1530, sponsored by Senator 20 Libous, at the desk. I ask that it be read in 21 its entirety and adopted and that Senator Libous 22 be recognized. 23 ACTING PRESIDENT KUHL: There is 7837 1 a privileged resolution by Senator Libous at the 2 desk. I'll ask the Secretary to read Resolution 3 Number 1530 in its entirety. 4 THE SECRETARY: By Senator 5 Libous, Legislative Resolution honoring Mrs. 6 Wendy Petzold of Sheboygan, Wisconsin, Ms. 7 Wheelchair America of 1994-95, upon the occasion 8 of her appearance as Guest of Honor at 9 ceremonies marking the New York State 10 Legislative Disability Awareness Day, June 6, 11 1995. 12 Whereas, community awareness and 13 acceptance of persons who are disabled serves to 14 lift barriers and expand choices for persons of 15 all abilities; and 16 Whereas, it is the intent of this 17 Legislative Body to recognize individuals with 18 disabilities who have put aside those conditions 19 which might otherwise hinder a purposeful life 20 of achievement and fulfillment, demonstrating 21 that the barriers to success for persons who are 22 disabled come more commonly from prevailing 23 attitudes and opportunities than the physical 7838 1 limitations of a disability; and 2 Whereas, Wendy Petzold, a 3 23-year-old senior at the University of 4 Wisconsin-Milwaukee, has demonstrated great 5 courage, character and determination in 6 overcoming the trauma of a serious automobile 7 accident which severed her spinal cord and 8 confined her to a wheelchair; 9 An honor student and former 10 athlete, Wendy Petzold responded with uncommon 11 determination to her 1989 accident; returning to 12 her high school within six months, she mastered 13 her wheelchair and resumed an active lifestyle, 14 participating as a member of the Student Council 15 and several other school groups, as a Junior 16 Rotarian, volunteering with Teens Helping Teens 17 and serving as the manager for her school's 18 track team; 19 Marrying her high school sweet 20 heart, Andy, in 1992, Wendy again demonstrated 21 her fortitude by conquering the challenges of 22 leg braces, a walker and agonizing months of 23 therapy to fulfill her goal, walking down the 7839 1 aisle on her wedding day; 2 Completing her senior year at 3 college, Wendy Petzold now continues her quest 4 for fulfillment, accepting each of life's 5 obstacles as a challenge; she drives her own 6 car, plays tennis in her wheelchair, swims, 7 SCUBA dives and water skis, while also devoting 8 countless hours in volunteer work, assisting the 9 disabled of her community; and 10 Whereas, Wendy Petzold was chosen 11 Ms. Wheelchair America from among the best and 12 brightest of America's young women confined to 13 wheelchairs, selected as the most accomplished 14 and articulate among the young women competing, 15 she now serves as spokesperson for the millions 16 of citizens with disabilities, educating the 17 able-bodied public regarding their dignity, 18 productiveness and value, and championing the 19 cause to eliminate the architectural and 20 attitudinal barriers preventing persons with 21 disabilities from assuming their rightful place 22 in society; 23 An able spokesperson and an 7840 1 inspiration to all who would strive to achieve 2 the best within them, Wendy Petzold now prepares 3 for her return to private life and her chosen 4 career as a teacher; her past tragedy and 5 subsequent achievements remaining as a vivid and 6 moving tapestry of opportunity for the 7 physically disabled; now, therefore, be it 8 Resolved, that this Legislative 9 Body pause in its deliberations to honor and 10 commend Ms. Wendy Petzold, Ms. Wheelchair 11 America, recognizing her courageous endeavors, 12 outstanding achievements and unparalleled 13 contributions on behalf of people with 14 disabilities, and their cause for increased 15 awareness and opportunity, upon the occasion of 16 her appearance as Guest of Honor at the New York 17 State Legislature on Disability Awareness Day, 18 June 6, 1995; and be it further 19 Resolved, that a copy of this 20 resolution, suitably engrossed, be transmitted 21 to Mrs. Wendy Petzold of Sheboygan, Wisconsin. 22 ACTING PRESIDENT KUHL: Chair 23 recognizes Senator Libous on the resolution. 7841 1 SENATOR LIBOUS: Thank you, Mr. 2 President. 3 As was stated in the resolution, 4 it is indeed an honor for us to have Wendy 5 Petzold with us today. As was mentioned, Wendy 6 travels the country in her role as Ms. 7 Wheelchair America but in a different role than 8 one would think and one in which she is an 9 advocate for people with disabilities. She 10 travels this country and goes to state houses, 11 state legislatures, works in community groups 12 and she is always working to improve life for 13 people with disabilities. That goes in line 14 with her title as Ms. Wheelchair of America. 15 As was mentioned, you know, after 16 she sustained disabling injuries in a serious 17 automobile accident, Wendy overcame the many 18 obstacles in her path to continue her education 19 and to prepare to become a teacher, and that's 20 what she will be doing when she graduates. 21 She is an honor student and 22 member of the Student Council at the University 23 of Wisconsin. She is a tennis player, water 7842 1 skier and a SCUBA diver. That tells us even 2 more that people with disabilities lead no 3 different a life than you and I. 4 She has demonstrated great 5 fortitude in undergoing the challenge of leg 6 braces and the months of intensive therapy as 7 she began recovering from her disability and her 8 very tragic accident. 9 Mr. President. I have had the 10 pleasure of spending the last couple of hours 11 with Wendy and finding her not only to be a 12 delightful individual but one who really cares 13 and one who is really on a crusade to help 14 change the lives of people with disabilities and 15 help to inform those of us, as I mentioned 16 earlier, who really don't understand what it's 17 like to live with a disability, to make that 18 understanding much clearer in the way that we 19 who have the power and authority as legislators 20 to begin the process to change legislation so 21 that we can change the lives of those people 22 with disabilities. 23 So, Mr. President, it is, indeed, 7843 1 an honor for me to stand before this body today 2 in honoring Wendy Petzold to join us here in New 3 York State. 4 And before I close, Mr. 5 President, at 11:00 o'clock, Wendy will be 6 giving an address, a speech, on the third floor 7 terrace. There will be many exhibitors there, 8 people who deal with different programs with 9 people with disabilities. We expect quite a few 10 people. Wendy will be delivering a speech at 11 11:00, and I would ask my colleagues if they can 12 take a couple minutes away from the chamber, as 13 I can see many have presently, that they might 14 have the opportunity to listen to Wendy and hear 15 her remarks. I will be there and I would hope 16 that many can join us. 17 Thank you, Mr. President. 18 ACTING PRESIDENT KUHL: The 19 question is on the resolution. 20 All those in favor of the 21 resolution signify by saying aye. 22 (Response of "Aye.") 23 Opposed, nay. 7844 1 (There was no response.) 2 The resolution is unanimously 3 adopted. 4 Wendy, on behalf of Senator 5 Joseph Bruno, Senator Libous, and all of the 6 members of the house, let me welcome you to New 7 York. Certainly, you have changed your life 8 around as a result of a tragic consequence. You 9 are an inspiration to all of us. Let me have 10 you know that. 11 Keep doing the right things that 12 you are doing. Make us all proud of you. We 13 know you will. 14 Thanks again for taking a minute 15 out of your life to join us. Thank you for 16 being with us. 17 (Applause.) 18 Chair recognizes Senator Skelos. 19 SENATOR SKELOS: Mr. President. 20 I believe there are two privileged resolutions 21 by Senator Nozzolio at the desk, 1541 and 1542. 22 I ask that the titles be read and both of them 23 adopted. 7845 1 ACTING PRESIDENT KUHL: I ask the 2 Secretary to read the title of 1541 first. 3 THE SECRETARY: By Senator 4 Nozzolio, Legislative Resolution commending 5 Gustavus C. Wehrlin upon the occasion of his 6 designation as recipient of the 1995 FANY Fire 7 Service Achievement Award on June 8, 1995. 8 ACTING PRESIDENT KUHL: Question 9 is on the resolution. 10 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 adopted. 16 Secretary will read the title of 17 Resolution Number 1542. 18 THE SECRETARY: By Senator 19 Nozzolio, Legislative Resolution praising the 20 value of the Seneca Army Depot and memorializing 21 the Base Realignment and Closure Commission to 22 consider the depot for realignment. 23 ACTING PRESIDENT KUHL: The 7846 1 question is on the Resolution, 1542. 2 All those in favor, signify by 3 saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response.) 7 The resolution is adopted. 8 Senator Skelos. 9 SENATOR SKELOS: At this time, if 10 we could take up the noncontroversial calendar. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the noncontroversial calendar. 13 THE SECRETARY: Calendar Number 14 330, Budget Bill, Senate Print 1554B, an act 15 making appropriations for the support of 16 government. 17 SENATOR SKELOS: Lay it aside. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 764, by Senator Velella, Senate Print 2587A, an 22 act to amend the General Obligations Law, in 23 relation to providing a cause of action to 7847 1 recover damages. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 6. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 35. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 832, by Senator Johnson, Senate Print 4470, an 14 act to amend the Election Law, in relation to 15 distributing the name of inactive voters. 16 SENATOR PATERSON: Lay it aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 836, by Member of the Assembly Galef, Assembly 21 Print 4887, an act to amend the Election Law, in 22 relation to the requirement to publish proposed 23 constitutional amendments. 7848 1 ACTING PRESIDENT KUHL: Secretary 2 will read the 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 49. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 861, by Senator Spano. 13 SENATOR SKELOS: Lay it aside for 14 the day. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside for the day. 17 THE SECRETARY: Calendar Number 18 865, by Senator DiCarlo, Senate Print 4432, an 19 act to amend the Vehicle and Traffic Law, in 20 relation to proof of notice. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 4. This 7849 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 867, by Senator Levy, Senate Print 4717, an act 10 to amend the Transportation Law, in relation to 11 requiring airport owners to notify the 12 Department of Transportation. 13 SENATOR PATERSON: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside at the request of the Acting Minority 16 Leader, Senator Paterson. 17 THE SECRETARY: Calendar Number 18 906, by Senator Sears Senate Print 1226. 19 SENATOR SKELOS: Lay it aside 20 temporarily. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 7850 1 938, by Senator Libous, Senate Print 4037. 2 SENATOR SKELOS: Lay it aside 3 temporarily. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside temporarily. 6 THE SECRETARY: Calendar Number 7 947, by Senator Rath, Senate Print 3014, an act 8 to amend the Domestic Relations Law and others, 9 in relation to altering the phrase natural 10 parent. 11 ACTING PRESIDENT KUHL: Calendar 12 Number 947 was starred at the request of the 13 sponsor earlier this morning. 14 Secretary will continue to call 15 the noncontroversial calendar. 16 THE SECRETARY: Calendar Number 17 948, by Senator Saland, Senate Print 3469, an 18 act to amend the Judiciary Law, in relation to 19 certain reports. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 7851 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 49. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 955, by Senator Saland, Senate Print 4219A, an 9 act to amend the Family Court Act and the Social 10 Services Law, in relation to the frequency of 11 review. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 9. This 15 act shall take effect on the 60th day. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 49. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 958, by Senator Saland, Senate Print 4987A, an 7852 1 act to amend the Domestic Relations Law, the 2 Family Court Act and the Criminal Procedure Law, 3 in relation to conditions of orders of 4 protection. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 17. This 8 act shall take effect on the first day of 9 November. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 49. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1045, by Senator Present, Senate Print 5069. 18 SENATOR PATERSON: Lay it aside. 19 ACTING PRESIDENT KUHL: There is 20 a home rule message at the desk. 21 Lay the bill aside at the request 22 of Senator Paterson. 23 THE SECRETARY: Calendar Number 7853 1 1107, by Senator Tully, Senate Print 4673. 2 SENATOR SKELOS: Lay it aside for 3 amendment. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 1111, by Senator Saland. 8 SENATOR PATERSON: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 1116, by Senator Sears, Senate Print 5237, an 13 act to amend the General Business Law and the 14 Personal Property Law, in relation to 15 cancellation of personal emergency response 16 service agreements. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect on the first day of 21 September. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 7854 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 49. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Skelos, that completes 6 the noncontroversial calendar on Regular 7 Calendar Number 60. 8 Chair recognizes Senator Skelos. 9 SENATOR SKELOS: Mr. President. 10 With the consent of the Minority, there are two 11 bills on the regular calendar, 906 and 938 and 12 then a series of bills by Senator Libous on the 13 first supplemental calendar. If we could take 14 them all up at this time, again, like I said 15 with the consent of the Minority, Senator Libous 16 will explain the bills. 17 Thank you. 18 ACTING PRESIDENT KUHL: For the 19 benefit of the members, we will be taking the 20 following bills in this order: Calendar Number 21 906, Calendar Number 938, both of those bills 22 appear on Regular Calendar Number 60. Then we 23 will be taking up Calendar Numbers 1119, 1122, 7855 1 1127, 1128, 1132, 1133, 1134 and 1136. All of 2 those bills are on the Supplemental Calendar 3 Number 1 for today. 4 I ask the Secretary to begin 5 adopting those bills by calling the title to 6 Calendar Number 906. 7 THE SECRETARY: On page 29, 8 Calendar Number 906, by Senator Sears, Senate 9 Print 1226, an act to amend the Tax Law, in 10 relation to granting sales and compensating use 11 taxes. 12 ACTING PRESIDENT KUHL: There's a 13 local fiscal impact note at the desk. I will 14 ask the Secretary to read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect in 60 days. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 49. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 7856 1 938, by Senator Libous, Senate Print 4037, an 2 act to amend the Tax Law, in relation to 3 authorizing a tax credit for employing 4 individuals. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 8. 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 42. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1119, by Senator Farley, Senate Print 1310, an 17 act to amend the Real Property Tax Law, in 18 relation to permitting senior citizens to pay 19 taxes in installments. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 9. This 23 act shall take effect on the first day of 7857 1 January. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 42. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1122, by Senator Johnson, Senate Print 2402, an 10 act to amend the Real Property Tax Law, in 11 relation to granting partial exemption from 12 taxation to persons who are totally or 13 permanently disabled. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 5. 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 42. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 7858 1 THE SECRETARY: Calendar Number 2 1127, by Senator Libous, Senate Print 3857, an 3 act to amend the Executive Law, in relation to 4 authorizing the Office of Advocate for Persons 5 with Disabilities. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the 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 42. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1128, by Senator Libous, Senate Print 3897A, an 18 act to amend the Mental Hygiene Law and Chapter 19 744 of the Laws of 1992, amending the Mental 20 Hygiene Law, relating to the operation of the 21 surrogate decision-making program. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 7859 1 THE SECRETARY: Section 5. 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 42. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1132, by Senator Libous, Senate Print 4440, an 11 act to amend the Education Law, in relation to 12 vocational rehabilitation in creating the New 13 York State Office for the Blind and Visually 14 Impaired. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 21. This 18 act shall take effect on the first day of 19 January. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 42. 7860 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1133, by Senator Libous, Senate Print 4442, an 5 act to amend the Public Health Law, in relation 6 to requiring consent for visual observation. 7 ACTING PRESIDENT KUHL: Secretary 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 THE SECRETARY: Calendar Number 18 1134, by Senator Libous, Senate Print 4519, an 19 act to amend the Mental Hygiene Law, in relation 20 to periodic orientation, training and 21 informational programs. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 7861 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 44. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1136, by Senator Libous, Senate Print 4631, an 11 act to amend the Mental Hygiene Law, in relation 12 to memberships of Boards of Visitors for 13 facilities under the jurisdiction of the Office 14 of Mental Retardation and Developmental 15 Disabilities. 16 ACTING PRESIDENT KUHL: Secretary 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 THE SECRETARY: Ayes 44. 7862 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Chair recognizes Senator Skelos. 4 SENATOR SKELOS: Mr. President. 5 At this time if we could take up supplemental 6 Calendar Number 1, noncontroversial. 7 (There was a pause in the 8 proceedings.) 9 SENATOR SKELOS: Mr. President. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Skelos. 12 SENATOR SKELOS: If we could 13 instead take up the regular calendar, 14 controversial. 15 ACTING PRESIDENT KUHL: I will 16 ask the Secretary to read the controversial 17 calendar, Calendar Number 60. 18 THE SECRETARY: Calendar Number 19 330, Budget Bill, Senate Print 1554B. 20 SENATOR SKELOS: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside temporarily. 23 THE SECRETARY: Calendar Number 7863 1 832, by Senator Johnson, Senate Print 4470, an 2 act to amend the Election Law, in relation to 3 distributing the names of inactive voters to the 4 polling places in the county of Suffolk. 5 SENATOR PATERSON: Explanation. 6 SENATOR SKELOS: Lay it aside 7 temporarily. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside temporarily. 10 Secretary will continue to call 11 the controversial calendar. 12 THE SECRETARY: Calendar Number 13 861, by Senator Spano, Senate Print 3975B. 14 SENATOR SKELOS: Lay it aside for 15 amendments. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside for amendment. 18 SENATOR SKELOS: Mr. President. 19 Call up Calendar Number 832. 20 ACTING PRESIDENT KUHL: Yes. I 21 ask the secretary to call up Calendar Number 22 832. 23 THE SECRETARY: Calendar Number 7864 1 832, by Senator Johnson, Senate Print 4470, an 2 act to amend the Election Law, in relation to 3 distributing the names of inactive voters. 4 SENATOR PATERSON: Explanation. 5 ACTING PRESIDENT KUHL: Senator 6 Johnson, an explanation for Calendar 832 has 7 been asked for by the Acting Minority Leader 8 Senator Paterson. 9 SENATOR JOHNSON: Under the 10 present system, if people are inactive, there is 11 no registry at the polls indicating their 12 status. They are totally not registered at 13 all. It's very difficult for those people to 14 vote. They have to vote by ballot. 15 So this provision would provide 16 that there will be a list maintained at the 17 polls for inactive voters so that we know they 18 were formerly registered at a certain address, 19 and they can come in and, instead of voting by 20 affidavit, they can just swear who they are and 21 they can vote on the machine like everyone 22 else. 23 It simplifies the process, makes 7865 1 it a lot easier to tabulate the votes and, 2 generally speaking, is consistent with the 3 computerized system which exists in Suffolk 4 County. Essentially, I say the bottom line is 5 it makes it easier for people to vote where 6 there is an error in their registration or 7 something. 8 ACTING PRESIDENT KUHL: Senator 9 Paterson. 10 SENATOR PATERSON: Mr. President, 11 if Senator Johnson will yield for a question? 12 ACTING PRESIDENT KUHL: Senator 13 Johnson, do you yield to a question from Senator 14 Paterson? 15 SENATOR JOHNSON: Yes. 16 ACTING PRESIDENT KUHL: Senator 17 yields. 18 SENATOR PATERSON: Therefore, 19 Senator Johnson, through your explanation, what 20 I gather is that if a person comes in and votes, 21 then this is the way they can reactivate their 22 registered status. Correct? 23 SENATOR JOHNSON: Correct. 7866 1 SENATOR PATERSON: Senator, does 2 this exist in any other part of the state, what 3 you propose to do with the inactive list? 4 SENATOR JOHNSON: Well, it's 5 interesting. Everything on Long Island seems to 6 be hyphenated Nassau-Suffolk. So the natural 7 question is why does Suffolk need it and not 8 Nassau? Because Suffolk County is fully 9 computerized in their system and Nassau isn't, 10 and we don't have the personnel because of the 11 computerization to count 10,000 paper ballots if 12 they came in, so we're making it easier for 13 people to vote on the machine, in addition to 14 which, you might recollect or you might 15 postulate that a person who is asked to sign a 16 paper ballot and vote would be intimidated, 17 where to vote on the machine they're not feeling 18 intimidated, so it's easier for them. It's 19 easier for the board. 20 As you can see, we got bipartisan 21 support, both parties in Suffolk County, the 22 Election Commission. Both parties agree this is 23 a simplified way to make it easier for people to 7867 1 vote. 2 ACTING PRESIDENT KUHL: Senator 3 Paterson. 4 SENATOR PATERSON: Senator 5 Johnson, that being the case and there are other 6 areas that -- there is a difference between 7 Nassau and Suffolk, but there are other areas 8 that are like both. Have you given any thought 9 to just making this a law statewide? 10 SENATOR JOHNSON: Well, I'm not 11 sure how it would affect other counties, and I 12 don't know if it would be responsible for me to 13 do that. 14 In this case, the county 15 legislature sent a message requesting this, the 16 commissioners. It's a unique situation, I know, 17 in our county, but if there are other counties 18 with the same situation, they should certainly 19 look into doing this to expedite the voting of 20 the people. 21 ACTING PRESIDENT KUHL: Senator 22 Paterson. 23 SENATOR PATERSON: I think that 7868 1 perhaps -- on the bill, Mr. President. 2 ACTING PRESIDENT KUHL: Senator 3 Paterson on the bill. 4 SENATOR PATERSON: I think it 5 might be a good idea to make it optional, but I 6 can understand that Senator Johnson wrote the 7 bill in this way not being familiar with the 8 operations in other counties. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT KUHL: Announce 17 the results when tabulated. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar 832 are Senators 20 DiCarlo and Smith. Ayes 42. Nays 2. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 The Chair recognizes Senator 7869 1 Skelos. 2 SENATOR SKELOS: Mr. President. 3 If we could return to reports of standing 4 committees, I believe there is a report from the 5 Finance Committee, one confirmation. 6 ACTING PRESIDENT KUHL: Senator 7 Skelos, there is a report of the Finance 8 Committee here. I will ask the Secretary to 9 read. 10 THE SECRETARY: Senator Stafford 11 from the Committee on Finance reports the 12 following nomination: 13 Richard Warrender of Marcellus, 14 State Advocate for Persons with Disabilities. 15 SENATOR SKELOS: Move we accept 16 the report of the Finance Committee. 17 ACTING PRESIDENT KUHL: The 18 motion is to accept the report of the Finance 19 Committee. All those in favor, signify by 20 saying aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (There was no response.) 7870 1 The report is accepted. 2 SENATOR SKELOS: Mr. President, 3 would you recognize Senator Libous? 4 Would you recognize Senator 5 Stafford, please? 6 ACTING PRESIDENT KUHL: Secretary 7 will read the nomination first and put it on the 8 floor. 9 THE SECRETARY: Senator Stafford 10 from the Committee on Finance reports the 11 following nomination: 12 Richard Warrender of Marcellus, 13 State Advocate for Persons with Disabilities. 14 ACTING PRESIDENT KUHL: The 15 confirmation is before the house. 16 The Chair recognizes Senator 17 Stafford. 18 SENATOR STAFFORD: Thank you, Mr. 19 President. Before Senator Libous moves the 20 confirmation -- he, of course, has worked 21 tirelessly in this field and has done so much 22 good work. I know practically all of us know 23 Dick Warrender. He has worked here in the 7871 1 Legislature. He's been a friend to all of us. 2 We know he will do a tremendous job, and here I 3 go again. 4 When we've had these nominees 5 come before us, I say, "This is one of the best 6 nominees that I have seen come before the 7 Senate," and this is another one, an excellent 8 choice by the Governor who I know will do a 9 tremendous job, and I certainly yield to Senator 10 Libous. 11 ACTING PRESIDENT KUHL: Chair 12 recognizes Senator Libous on the confirmation. 13 SENATOR LIBOUS: Thank you, Mr. 14 President. Thank you, Senator Stafford. 15 Mr. President. It is an honor 16 for me to rise to speak on the confirmation of 17 Richard Warrender as the new State Advocate for 18 Persons with Disabilities. 19 As was mentioned, I think the 20 Governor, again, has made a very excellent 21 choice. 22 This is kind of a special honor 23 for me. When I first came to Albany about six 7872 1 and a half years ago, I first met Dick Warrender 2 and he, as I often said, would pull up next to 3 you in his motorized device, I guess is the best 4 way to put it, and he extended his hand, and he 5 said, "I am Dick Warrender and I hear your 6 family is in the grocery business." I said, 7 "Yes, my family is in the grocery business. I 8 grew up in it." 9 Dick, of course, was in his role 10 with the New York State Association of 11 Convenience Stores, and then Dick went on to 12 tell me all about my family's business, and he 13 then went on to tell me all about those who are 14 in the grocery business in the Southern Tier. 15 Actually, I learned more about my family 16 business from Dick than I thought I had already 17 known through my family. 18 It was kind of an enlightening 19 experience. I have enjoyed working with Dick on 20 issues not only for people with disabilities but 21 also on issues that affected convenience stores 22 in New York State. 23 Many people might ask what does 7873 1 the Advocate for the Disabled do? Dick 2 Warrender is going to be an excellent advocate 3 for the disabled because, basically, his office 4 is going to serve a number of important 5 functions as they deal with people with 6 disabilities in New York State. They are going 7 to administer federal programs that come 8 through. They are going to work with businesses 9 and state agencies in working on compliance as 10 it deals with people with disabilities, 11 assisting these businesses in government as they 12 work together in a comprehensive manner to help 13 people with disabilities. 14 Dick Warrender has done this all 15 of his life -- you know, as a member of the New 16 York Advisory Board of the Office of Vocational 17 Educational Services for individuals with 18 disabilities. He served as a member of the 19 Onondaga Council on the Disabled. He has worked 20 to improve programs for people with disabilities 21 and their families. 22 His efforts have been tireless; 23 and as the Advocate for the Disabled, he will 7874 1 not only work to assist every member of this 2 house and every member of the other house, but 3 he will be an advocate for every individual in 4 New York State with a disability, a person that 5 they can come to, an office leader that they can 6 come to, who needs help. 7 Mr. President. It is with great 8 pride and pleasure that I ask that we move the 9 nomination of Richard Warrender to be the next 10 Advocate for the Disabled for the State of New 11 York. 12 ACTING PRESIDENT KUHL: Chair 13 would recognize Senator DeFrancisco on the 14 confirmation. 15 SENATOR DeFRANCISCO: Thank you, 16 Mr. President. I am very pleased to see that 17 this day has finally come. There has been a lot 18 of discussions over several weeks and a lot of 19 anticipation by Dick Warrender and his family. 20 I have known Dick Warrender for 21 some years now as a community advocate, and he 22 is the type of individual that when he sets his 23 sights on something, he gets it done. In fact, 7875 1 sometimes you get it done so he stops making 2 sure that he -- he contacts you on a daily or 3 hourly basis, and that's the type of person that 4 you need. That's what an advocate is. 5 An advocate for the disabled has 6 to have that ability not only to get access but 7 also to convince people that what he is 8 advocating for is the right thing to do, and he 9 has that ability. There is no question about 10 it. 11 His record of community service 12 is second to none. His disability has in no way 13 stopped him from being as active in community 14 services as anyone that is sitting in this house 15 today, and it is really refreshing to see that 16 example that he has given to everyone that 17 nothing is going to stop him from doing what he 18 thinks is important for his community, and now 19 his community encompasses the entire state of 20 New York. 21 I'm very pleased to stand up and 22 advocate for our new advocate, a friend and a 23 person that's going to do an absolutely 7876 1 outstanding job, and I look forward to the great 2 things that he is going to do for all the 3 citizens of the State of New York, and I'm 4 pleased to call him the new advocate and still 5 pleased to call him my friend. 6 ACTING PRESIDENT KUHL: The 7 question is on the nomination of Richard 8 Warrender of Marcellus to the position of State 9 Advocate for Persons with Disabilities. 10 All those in favor of the 11 nomination, signify by saying aye. 12 (Response of "Aye.") 13 Opposed, nay. 14 (There was no response.) 15 The nominee is confirmed. 16 Richard Warrender, on behalf of 17 Senator Bruno and all the members here, 18 congratulations on your confirmation. 19 We're pleased to have you with 20 us, and we know that you're pleased to have your 21 wife Joan, who is in the gallery along with your 22 daughter Edith and granddaughter Catherine with 23 you. You have a wonderful family. 7877 1 Good luck in your job. Thanks 2 for taking on the responsibility. 3 (Applause.) 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President. 6 At this time, if we could return to the regular 7 calendar and take up Senator Levy's bill, 8 Calendar Number 867. 9 ACTING PRESIDENT KUHL: Secretary 10 will read Calendar Number 867. 11 THE SECRETARY: On page 27, 12 Calendar Number 867, by Senator Levy, Senate 13 Print 4717, an act to amend the Transportation 14 Law, in relation to requiring airport owners to 15 notify the Department of Transportation. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 SENATOR STACHOWSKI: Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Levy, an explanation is asked for by, I think, 21 three Senators on the Minority side. Pick any 22 one of Paterson, Stachowski, or Leichter to 23 address your explanation to. 7878 1 SENATOR LEVY: Thank you very 2 much. Senator Leichter is pleading innocent. 3 ACTING PRESIDENT KUHL: Senator 4 Levy, just a minute, if we might. 5 May we have a little order in the 6 chamber, please. I know there's a lot going on, 7 a lot of bills to be done. It's going to be a 8 long day, but we must, in order to have accurate 9 debate, be able to hear the person responding to 10 a question or presenting a bill. So if we can 11 just quiet it down. Staff take your 12 conversations out of the chamber. Members, 13 also. 14 Chair recognizes Senator Levy. 15 SENATOR LEVY: Thank you very 16 much, Mr. President. 17 Senator Paterson, earlier this 18 year the Commission on Critical Transportation 19 Choices issued a report on general aviation 20 entitled, "General Aviation: A Flight Plan For 21 Economic Prosperity." General aviation is 22 vitally important to the economy of the State of 23 New York, and it is a major factor in doing 7879 1 business in the State of New York because in our 2 general aviation airports Upstate, Western New 3 York, even in places like Long Island, general 4 aviation is the site where the business 5 community keeps its corporate jets so it is able 6 to fly from those airports to other parts of the 7 state and other parts of the country to do 8 business, as well as general aviation airports 9 are the location where business people using 10 corporate jets are coming from everywhere in the 11 country and other parts of the world to do 12 business in the State of New York. These 13 airports are also used for recreational 14 purposes. 15 Now, we've been working with the 16 New York State Association of Airport Managers 17 as well as the Association of Counties, and one 18 of the things that the airport managers have 19 brought to our attention and it was a part of 20 this report, and this bill is as a result of 21 those conversations both with the counties and 22 with the airport managers, is that, particularly 23 Upstate in the last ten years, small airports - 7880 1 small airports that are vital to those counties 2 and that have been in the hands of the private 3 sector, without any notice to the county or 4 other elected governmental officials, those 5 airports which have been so vital to the economy 6 of not only the county but the region have been 7 sold, sold and for non-airport purposes. 8 So what the airport managers have 9 said is, "Would you do legislation" -- the New 10 York State Department of Transportation has an 11 Aviation Department -- "and require notification 12 to the state before one of these general 13 aviation airports is sold so that the county 14 officials, the town officials, the village 15 officials, the elected officials like those that 16 serve in this body and the Assembly don't find 17 out about the sale of one of these airports 18 after the fact?" 19 And this bill really is to give 20 notice to everybody before the airport is sold 21 so government can step in; and if government 22 decides to do so, on a local level, they can 23 intervene and try to acquire that airport for 7881 1 governmental purposes before the airport is sold 2 so it is there to meet the needs that general 3 aviation fills in this state. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Mr. 7 President. That was a very fine explanation, 8 wouldn't you agree? 9 Well, either way, if Senator Levy 10 would yield to a question? 11 ACTING PRESIDENT KUHL: Senator 12 Levy, do you yield to Senator Paterson? 13 SENATOR LEVY: Yes. 14 ACTING PRESIDENT KUHL: Senator 15 yields. 16 SENATOR PATERSON: Senator Levy, 17 do you have a record of how many airports in 18 this state have actually closed at this point? 19 SENATOR LEVY: Yes. In our 20 report, we went into that, Senator. I would say 21 that in the last ten years, it was probably 22 close to ten general aviation airports. 23 SENATOR PATERSON: And the other 7882 1 question that I would have is what are the 2 federal regulations? What are the FAA 3 regulations for closing an airport? 4 SENATOR LEVY: There are none. 5 These are privately owned airports, and the ones 6 that have closed have primarily been Upstate. 7 To my knowledge, there are no federal aviation 8 requirements. These are not airports that are 9 being utilized for commercial aviation purposes 10 with scheduled flights. These are airports that 11 are being utilized for the purposes that I spoke 12 about in the explanation of the bill. 13 SENATOR PATERSON: Right. I 14 didn't realize that, Senator. I guess the 15 question I would like to ask you -- if you would 16 continue to yield? 17 ACTING PRESIDENT KUHL: Senator 18 Levy, do you continue to yield? 19 SENATOR LEVY: Yes. 20 ACTING PRESIDENT KUHL: Senator 21 continues to yield. 22 SENATOR PATERSON: When the 23 airports are actually open, is there any kind of 7883 1 record that is kept by the FAA that these 2 airports exist? 3 And the reason I'm asking the 4 question, to try to make it a little easier for 5 you, is that I just assumed that since the 6 crafts are in the air that for purposes of 7 commercial aviation it's just good to know where 8 private airports exist. Even at times because 9 of emergencies, it's just good to know where 10 there is an available landing field. 11 SENATOR LEVY: Senator Paterson, 12 this bill doesn't deal with -- this isn't the 13 bill that deals with surveying and having a list 14 of general aviation airports in the state. What 15 this does is say that if you own an airport in 16 the State of New York, that before you sell it, 17 you are required to give notice to the State 18 Department of Transportation so, in turn, 19 elected officials and local governmental 20 officials will know that this airport is being 21 sold, so that government has the opportunity to 22 step in if they choose to do so and use the 23 powers of condemnation of the locality to take 7884 1 over that airport so that it will continue to 2 exist for that county, that town, or that 3 region. 4 SENATOR PATERSON: Exactly, 5 Senator. That's exactly -- I understand what 6 the bill is saying, and all I'm asking you, and 7 I think you have answered the question, is that 8 the federal government is at this point not 9 involved in any of this; and so what I would 10 like to know is, up to the point that you wrote 11 this bill, does the state have any control over 12 this right now? 13 SENATOR LEVY: Senator Paterson, 14 there is no requirement that somebody who owns 15 an airport before they dispose of it notify 16 anybody. This bill, when it's enacted into law 17 will impose that requirement on someone who owns 18 an airport, to notify the State Department of 19 Transportation. 20 SENATOR PATERSON: Therefore, I 21 am correct in assuming that up to this point 22 there's actually been no governmental control 23 until the printing of this bill. 7885 1 SENATOR LEVY: This bill does not 2 relate to government control. 3 SENATOR PATERSON: I'm sorry, 4 Senator. I don't mean government control. What 5 I mean is just any kind of record keeping as to 6 when the airports close or where they even 7 exist. 8 SENATOR LEVY: Senator, there is 9 a companion bill that deals with existing, and I 10 have to tell you that the State Department of 11 Transportation could not provide us with a list 12 of all of the airports in the state. The other 13 piece of legislation dealt with that problem. 14 SENATOR PATERSON: All right. On 15 the bill, Mr. President. 16 I guess Senator Levy has answered 17 the questions. It's actually a little bit 18 disturbing that there is so little information 19 available about this, and this bill apparently 20 will be of some benefit economically to the 21 state and also will give the state an 22 opportunity to become aware when these airports 23 are actually planning on closing, and I would 7886 1 imagine that the companion bill will establish 2 some record of their existence, and it's a new 3 area, one that I didn't understand, and I thank 4 Senator Levy for clearing it up. 5 ACTING PRESIDENT WRIGHT: Senator 6 Dollinger, why do you rise? 7 SENATOR DOLLINGER: Will the 8 sponsor yield just to a couple quick questions? 9 ACTING PRESIDENT WRIGHT: Senator 10 Levy, will you yield? 11 SENATOR LEVY: Yes. 12 SENATOR DOLLINGER: Through you, 13 Mr. President. So I understand this bill, Mr. 14 Chairman, this bill only applies when the effect 15 of transfer is to have the property no longer be 16 used for aviation purposes - 17 SENATOR LEVY: Yes. 18 SENATOR DOLLINGER: -- so it's 19 only when it's being converted from aviation 20 uses to some other use? 21 SENATOR LEVY: Yes. That's 22 clearly set forth in the bill. 23 SENATOR DOLLINGER: The transfer 7887 1 between one owner of the airport to a second 2 owner in which they would continue the 3 operations wouldn't apply? 4 SENATOR LEVY: The bill would not 5 apply to those circumstances. 6 SENATOR DOLLINGER: Again through 7 you, Mr. President. What is the effect of 8 failure to give that notice? Is there an 9 enforcement provision here? 10 SENATOR LEVY: It is purely a 11 notification bill. In other words, failure to 12 give notice would not affect the transfer. 13 SENATOR DOLLINGER: Thank you, 14 Mr. President. I'll just add one thing. 15 I know the Commission on Critical 16 Choices in transportation continues to do good 17 work, and I think this is a good piece, as well. 18 SENATOR LEVY: Thank you, 19 Senator. 20 ACTING PRESIDENT WRIGHT: 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 7888 1 ACTING PRESIDENT WRIGHT: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 48. 5 ACTING PRESIDENT WRIGHT: The 6 bill is passed. 7 Senator Skelos. 8 SENATOR SKELOS: Would you please 9 call up Calendar Number 1045, by Senator 10 Present. 11 ACTING PRESIDENT KUHL: Secretary 12 will read. 13 THE SECRETARY: Calendar 1045, by 14 Senator Present, Senate Print 5069, an act 15 authorizing the County of Chautauqua to 16 discontinue for reforestation purposes the use 17 of certain lands. 18 ACTING PRESIDENT WRIGHT: There 19 is a home rule message at the desk. An 20 explanation has been called for by Senator 21 Paterson. Senator Present. 22 SENATOR PRESENT: This would 23 allow Chautauqua County to transfer, to exchange 7889 1 some reforestation land in Chautauqua County 2 with a couple who inadvertently built their 3 house on 2.89 acres of reforestation land. The 4 county forester has determined the land to be 5 given in exchange of equal value or better 6 purposes to the county, and the county feels 7 this would be to their advantage and the 8 homeowner's advantage rather than have them 9 destroy their house or move it. 10 ACTING PRESIDENT WRIGHT: Senator 11 Paterson, why do you rise? 12 SENATOR PATERSON: If Senator 13 Present will yield for a question? 14 ACTING PRESIDENT WRIGHT: Senator 15 Present will you yield? 16 SENATOR PRESENT: Sure. 17 ACTING PRESIDENT WRIGHT: Senator 18 Present yields. 19 SENATOR PATERSON: Very quickly, 20 Senator. Has the land been a product of 21 reforestation previously, the one that's being 22 exchanged? 23 SENATOR PRESENT: The county 7890 1 owned land has been a portion of reforestation 2 land, yes. 3 SENATOR PATERSON: To your 4 knowledge, Senator, is this an equal exchange? 5 SENATOR PRESENT: I'm informed by 6 the county forester that it's to the advantage 7 of the county, the land they would receive, 8 because it's a hardwood stand. 9 SENATOR PATERSON: Finally, 10 Senator, what is the cost of the exchange? 11 SENATOR PRESENT: No cost other 12 than the paperwork involved. It's determined 13 the value of both parcels is about $150. 14 SENATOR PATERSON: $150. Oh, if 15 I was getting paid regularly, I would take care 16 of that myself for you, Senator. Thank you. 17 ACTING PRESIDENT WRIGHT: 18 Secretary will read the last section. 19 THE SECRETARY: Section 5. This 20 act shall take effect immediately. 21 ACTING PRESIDENT WRIGHT: Call 22 the roll. 23 (The Secretary called the roll.) 7891 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT WRIGHT: The 3 bill is passed. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President. 6 At this time the Minority has requested a 25 7 minute conference, so the Senate will stand at 8 ease until 11:30 a.m. sharp. 9 ACTING PRESIDENT WRIGHT: The 10 Senate will stand at ease until 11:30 a.m. 11 sharp. The Minority will be conferencing in the 12 Minority Conference Room. 13 (Whereupon, at 11:05 a.m., the 14 Senate was at ease.) 15 (Whereupon, at 12:00 noon, the 16 Senate reconvened.) 17 ACTING PRESIDENT KUHL: Senate 18 will come to order. 19 SENATOR SKELOS: Mr. President. 20 I believe there is a privileged resolution, by 21 Senator DeFrancisco, at the desk, Resolution 22 Number 1513. I ask that it be read in its 23 entirety and that Senator DeFrancisco be 7892 1 recognized and then the resolution adopted. 2 ACTING PRESIDENT KUHL: Senator 3 Skelos, I'm informed by the Secretary that there 4 is a privileged resolution at the desk, by 5 Senator DeFrancisco. 6 I ask the Secretary to read 7 Resolution Number 1513 in its entirety. 8 THE SECRETARY: By Senator 9 DeFrancisco, Legislative Resolution, honoring 67 10 students at Tully High School of the Tully 11 Central School District for their participation 12 in the 49th Senate District "Good News! Good 13 Kids!" student recognition program. 14 Whereas, it is incumbent upon the 15 people of the State of New York to recognize and 16 acknowledge notable deeds performed by our 17 fellow citizens; and 18 Whereas, our country and our 19 state have endured and been made strong because 20 generations of Americans have traditionally felt 21 a sense of responsibility to their country, to 22 one another, to their families and for 23 themselves; and 7893 1 Whereas, all citizens must 2 recognize that the unsurpassed democratic 3 freedoms that have made our country so great 4 require each of us to reciprocate by exercising 5 the duties and responsibilities of good 6 citizenship; and 7 Whereas, it is the attitudes of 8 our children that will influence our future 9 course of government, and the future of our 10 society is dependent upon our instilling within 11 our children the concepts of individual 12 responsibility and good citizenship; 13 Throughout the State of New York 14 our young people are lovingly and thoughtfully 15 demonstrating a sense of civic and community 16 responsibility in a variety of socially oriented 17 projects for the betterment of their neighbors 18 and neighborhoods, while concurrently and 19 positively shaping the values of the 20 participants; 21 In acknowledgment of these acts 22 of sharing and nurturing undertaken by our 23 children, a student recognition program entitled 7894 1 "Good News! Good Kids!" was initiated in the 2 49th Senate district; and 3 Whereas, 22 projects involving 4 more than 2,500 students from within the 49th 5 Senate district were reviewed by educational and 6 community leaders serving as members of the 7 "Good News! Good Kids!" Advisory Committee; and 8 Whereas, the "Health Careers 9 Club" project implemented by 67 High School 10 students at Tully High School was selected as 11 the most impressive project submitted from the 12 High School level; and 13 Whereas, on Tuesday, June 6, 14 1995, the Tully High School students who 15 participated in the project will visit the 16 chamber of the New York State Senate; now, 17 therefore, be it 18 Resolved, that this Legislative 19 Body pause to express congratulations to the 20 residents of the Tully Central School District, 21 Superintendent Dr. Robert Urzillo, Tully High 22 School Principal Gary J. Heymann, and Tully High 23 School Nurse Lorraine Spaulding for their 7895 1 support and encouragement of the educational and 2 empathetic values so obviously instilled within 3 their student population; and be it further 4 Resolved, that copies of this 5 resolution, suitably engrossed, be transmitted 6 to the members of the Health Careers Club at 7 Tully High School for the unselfish sharing of 8 their natural gifts as responsible students and 9 citizens of the 49th Senate District. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator DeFrancisco on the 12 resolution. 13 SENATOR DeFRANCISCO: Mr. 14 President. I'm proud to rise to honor the Tully 15 High School Health Career Club; and before I 16 forget, my good friend Senator Tully has agreed 17 to co-sponsor this resolution, for whom your 18 school is named. No (indicating "just 19 kidding"). 20 This is part of the program that 21 we have in the 49th Senate District that 22 recognizes young people who are doing the good 23 things that we normally don't hear about. We 7896 1 hear about a lot of the negative things that are 2 going on and this is the type of thing that the 3 Health Careers Club has done in our county. 4 First, they sponsored two blood 5 mobiles and 30 percent of the senior class 6 participated in donating blood, and also the 7 class participated in seeking blood donors to 8 make two successful blood drives at the high 9 school. 10 They participate in an annual 11 canned food drive, which is done at 12 Thanksgiving, Christmas and Easter, which also 13 has full participation from the group. Four 14 times a year they serve meals at a home at the 15 Rescue Mission, and the Rescue Mission provides 16 meals to indigent individuals during those 17 periods of time, and these students participate 18 in serving those foods. 19 They also sponsor a 20 multigenerational dance which includes senior 21 citizens down to high school students, which 22 also shows a sense of community. 23 All of these things point out the 7897 1 fact that there are good kids doing good things 2 in this state, and they should be recognized and 3 they are being recognized here today, and I 4 thank them for being here, and I urge unanimous 5 adoption. 6 ACTING PRESIDENT KUHL: The 7 question is on the resolution. All those in 8 favor of the resolution, signify by saying aye. 9 (Response of "Aye.") 10 Opposed, nay. 11 (There was no response.) 12 The resolution is unanimously 13 adopted. 14 SENATOR DeFRANCISCO: Thank you, 15 Mr. President. 16 SENATOR SKELOS: Mr. President. 17 Is there any housekeeping at the desk? 18 ACTING PRESIDENT KUHL: We have a 19 substitution, I believe, at the desk and, also, 20 a motion that Senator Farley would like to make. 21 The chair recognizes Senator 22 Farley. Return to motions and resolutions. 23 SENATOR FARLEY: On behalf of my 7898 1 good friend Senator Marchi, on page 5, I offer 2 the following amendments to Calendar Number 165, 3 Senate Print 2198A, and I ask that Senator 4 Marchi's bill retain its place on the Third 5 Reading Calendar. 6 Do you agree, Mr. President? 7 ACTING PRESIDENT KUHL: The 8 amendments to Calendar Number 164, which is on 9 page 5, by Senator Marchi, are received and 10 adopted. The bill will retain its place on the 11 Third Reading Calendar. 12 SENATOR FARLEY: I thought I was 13 going to lose that motion, Mr. President. 14 ACTING PRESIDENT KUHL: Well, you 15 were close, Senator Farley. Not only does the 16 nurse have an allergy testing program, they will 17 screen eyesight, too, if there's some question 18 about your ability to read the motion papers. 19 SENATOR FARLEY: What was wrong 20 with that? 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the substitution. 23 You have another motion, Senator 7899 1 Farley? 2 SENATOR FARLEY: I do. 3 ACTING PRESIDENT KUHL: Oh! 4 Let's try again. Chair recognizes Senator 5 Farley. 6 SENATOR FARLEY: On behalf of 7 Senator Lack, I wish to call up his bill, Senate 8 Print 5230, which was recalled from the 9 Assembly, which is now at the desk. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the title. 12 THE SECRETARY: Calendar Number 13 1087, by Senator Lack, Senate Print 5230, an act 14 to amend the Tax Law, in relation to authorizing 15 the County of Suffolk to impose an additional 16 1/4 of 1 percent sales and compensating use tax. 17 ACTING PRESIDENT KUHL: Senator 18 Farley. 19 SENATOR FARLEY: Mr. President. 20 I now move to reconsider the vote by which this 21 bill was passed. 22 ACTING PRESIDENT KUHL: The 23 motion is to reconsider the vote by which the 7900 1 bill passed the house. 2 The Secretary will call the roll 3 on reconsideration. 4 (The Secretary called the roll on 5 reconsideration.) 6 THE SECRETARY: Ayes 52. 7 ACTING PRESIDENT KUHL: The bill 8 is before the house. 9 Senator Farley. 10 SENATOR FARLEY: I now offer the 11 following amendments. 12 ACTING PRESIDENT KUHL: 13 Amendments are received and adopted. 14 There is a substitution at the 15 desk. I ask the Secretary to read. 16 THE SECRETARY: Senator Velella 17 moves to discharge from the Committee on Higher 18 Education Assembly Bill Number 882A and 19 substitute it for the identical Calendar Number 20 977. 21 ACTING PRESIDENT KUHL: Without 22 objection, substitution is ordered. 23 Senator Skelos. 7901 1 SENATOR SKELOS: Senate will 2 stand at ease for several more minutes. 3 ACTING PRESIDENT KUHL: The 4 Senate will stand at ease. 5 (Whereupon, at 12:10 p.m., Senate 6 was at ease.) 7 SENATOR SKELOS: There will be an 8 immediate short conference of the Majority in 9 Room 332 of the Capitol. 10 ACTING PRESIDENT KUHL: Immediate 11 meeting of the Majority Conference in the 12 Majority Conference Room, Room 332. The 13 Majority Conference Room, Room 332. 14 Senate stands at ease. 15 (Whereupon, at 12:16 p.m., Senate 16 continued at ease.) 17 (At 12:40 p.m., the following 18 announcement was made.) 19 ACTING PRESIDENT WRIGHT: Senator 20 Skelos. 21 SENATOR SKELOS: Mr. President. 22 There will be an immediate meeting of the Rules 23 Committee in Room 332 of the Capitol. The 7902 1 Senate will stand at ease. 2 (Whereupon, at 12:50 p.m., Senate 3 reconvened.) 4 ACTING PRESIDENT KUHL: Senate 5 will come to order. Members please take their 6 chairs, staff their places. Get the chamber in 7 order. 8 The chair recognizes Senator 9 Bruno. 10 SENATOR BRUNO: Mr. President. 11 Can we return to the order of standing 12 committees. I believe there is a report from 13 the Rules Committee. We would like to have that 14 at this time. 15 ACTING PRESIDENT KUHL: We will 16 return to reports of standing committees. There 17 is a Rules report at the desk. Ask the 18 Secretary to read. 19 THE SECRETARY: Senator Bruno 20 from the Committee on Rules reports the 21 following bill: 22 Senate Print 5280A, by the 23 Committee on Rules, an act to amend the Public 7903 1 Health Law, the Social Services Law, Chapter 600 2 of the Laws of 1986 amending the Public Health 3 Law. 4 ACTING PRESIDENT KUHL: Senator 5 Bruno. 6 SENATOR BRUNO: Mr. President. I 7 move at this time that we adopt the report of 8 the Rules Committee. 9 ACTING PRESIDENT KUHL: The 10 motion is to accept the report of the Rules 11 Committee. All those in favor, signify by 12 saying aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response.) 16 The Rules report is accepted, and 17 the bill is reported directly to third reading. 18 Chair recognizes Senator Bruno. 19 SENATOR BRUNO: Mr. President. 20 Can we at this time call up Calendar Number 21 1144. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the title to Calendar Number 7904 1 1144. 2 THE SECRETARY: Calendar Number 3 1144, by the Senate Committee on Rules, Senate 4 Print 5280A, an act to amend the Public Health 5 Law, the Social Services Law, and Chapter 600 of 6 the Laws of 1986, amending the Public Health 7 Law. 8 Senator Bruno. 9 SENATOR BRUNO: Is there a 10 message at the desk? 11 ACTING PRESIDENT KUHL: There is 12 a message at the desk, Senator Bruno. 13 SENATOR BRUNO: Can we accept the 14 message at this time, Mr. President? 15 ACTING PRESIDENT KUHL: The 16 motion is to accept the message of necessity 17 that is at the desk. 18 All those in favor, signify by 19 saying aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (There was no response.) 23 The message is accepted. 7905 1 Secretary will read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 SENATOR PATERSON: Lay it aside. 6 ACTING PRESIDENT KUHL: Senator 7 Paterson we're on controversial at this point. 8 Chair recognizes Senator 9 Paterson. 10 SENATOR PATERSON: Mr. 11 President. Could I have an explanation of this 12 bill? Since I don't really know what the bill 13 is, I guess an explanation would be a good 14 start. 15 ACTING PRESIDENT KUHL: Senator 16 Holland is going to be handling the explanation, 17 Senator Paterson. 18 Senator Holland for an 19 explanation. 20 SENATOR HOLLAND: Mr. President. 21 I'm going to spread it around a little bit. 22 Senator Hannon is going to do Medicaid. Senator 23 Saland is going to do children and family, and I 7906 1 will do welfare. 2 First of all, I will tell you a 3 little bit about welfare. 4 What is included in the bill is 5 Workfare, Learnfare to the sixth grade, 6 minorities living at home, three fraud pieces 7 recommended by the District Attorney of 8 Manhattan, and a limit of six months, basically, 9 if you come in from out of state, whether you 10 come in from out of state or you come in from 11 out of nation. 12 That's basically the welfare 13 package, and I think most all of us know what 14 are included in that. 15 ACTING PRESIDENT KUHL: Senator 16 Paterson. 17 SENATOR PATERSON: Would Senator 18 Holland yield for a couple of questions? 19 ACTING PRESIDENT KUHL: Senator 20 Holland, do you yield? 21 SENATOR HOLLAND: Yes, sir. 22 ACTING PRESIDENT KUHL: Senator 23 Paterson, he does. 7907 1 SENATOR PATERSON: Senator 2 Holland, my understanding is that the attendance 3 of school children from years 1 to 6, the first 4 to the sixth grade is not significantly - 5 there's not a significantly high evidence of 6 truancy. Is that not correct? 7 SENATOR HOLLAND: I'm not sure 8 whether - 9 SENATOR PATERSON: In other 10 words, with the truancy that is rampant in a 11 number of school systems in our public system, 12 that really the problem doesn't begin until 13 junior high school. That's what I'm asking. 14 SENATOR HOLLAND: Yes, sir, I 15 understand your question. I'm not sure exactly 16 what grade it starts in. It starts around that 17 sixth, seventh, eighth grade. If I had my 18 druthers, I would encourage this Learnfare 19 program to go longer than the sixth grade, but 20 we should try to get, in my estimation, the 21 young people and the parents used to them going 22 to school in the early grades, and so this is a 23 beginning. 7908 1 SENATOR PATERSON: Yes, I agree, 2 Senator. However, with it being from grades 1 3 to 6, at a point that the limitation that we 4 have established, for those students who are 5 absent from school in excess of that limitation, 6 wouldn't it be most likely that these are 7 actually due to medical or nutritional problems 8 that these children are having? 9 SENATOR HOLLAND: Let me have the 10 last part of the question again, Senator? I'm 11 sorry. 12 SENATOR PATERSON: Senator, the 13 question is, those situations where you have 14 children who are absent from school who have now 15 gone over the limitation that we have set forth 16 in this legislation, aren't they actually - 17 predominantly, isn't this problem being caused 18 due to health care problems or nutritional 19 deficiencies that are causing health care 20 problems rather than actual truancy? 21 SENATOR HOLLAND: There are many, 22 many excused absences in this proposal, 23 Senator. It is only unexcused absences of five 7909 1 per quarter that would kick in the Learnfare 2 problem. If they have sickness, they are 3 excused and it doesn't count in that five days. 4 Does that answer your question? 5 SENATOR PATERSON: I understand. 6 Then, Senator, since there is, what I'm saying, 7 a rather low level of truancy at this actual age 8 level, do you think it's a good idea to have it 9 there? I know what you are saying about 10 encouraging parents to make sure that their 11 children are in school but since -- in these 12 designations that we're actually addressing in 13 in budget bill, do you think that it's a good 14 idea to actually leave it there, since I don't 15 know that we're addressing that much of a 16 problem in grades one to six where the children 17 are approximately age 6 to 11 years old? 18 SENATOR HOLLAND: Senator, as I 19 said previously, I wanted to go much higher, to 20 the tenth or twelfth grade, but the Assembly 21 would not agree to that, and we agreed because 22 we think anything is an improvement. I would 23 love to see it progressive, sixth grade this 7910 1 year, seventh grade next year, eighth grade, et 2 cetera, et cetera, so that we encourage these 3 young people to go to the school. 4 I have to give you the same story 5 I've given to you before. Forty-three percent 6 of the high school students in the City of New 7 York graduate in four years of high school. We 8 are destroying, as far as my opinion is, the 9 young people, particularly of the City of New 10 York, because they do not go to school. If we 11 do not educate those people, we do not get 12 industry into the Bronx, Brooklyn, et cetera. 13 This is a start as far as I'm concerned. I 14 would love to see it go higher if that is the 15 purpose or the point of your question. 16 SENATOR PATERSON: All right, 17 Senator. Now, just to clarify, as long as the 18 student has excused absences, as long as the 19 student is really sick, then there could be 20 really an unlimited number of those absences. 21 SENATOR HOLLAND: Yes. 22 SENATOR PATERSON: How do you 23 define an unexcused absence, Senator. 7911 1 SENATOR HOLLAND: There was a 2 list initially of excused absences which is not 3 included in the budget bill, I am told, but now 4 it is done by the individual school districts. 5 They decide what is an excused absence. 6 SENATOR PATERSON: I'd assume, 7 generally, that an unexcused absence is an 8 absence for which there is no explanation. 9 SENATOR HOLLAND: Sounds 10 reasonable to me, Senator, yes, sir. 11 SENATOR PATERSON: Pardon me, 12 just one second, Senator. 13 SENATOR HOLLAND: It's all 14 right. 15 ACTING PRESIDENT KUHL: Senator 16 Paterson. 17 SENATOR PATERSON: Mr. 18 President. If Senator Holland would yield? 19 ACTING PRESIDENT KUHL: Senator 20 Holland, do you continue to yield? 21 SENATOR HOLLAND: Yes, sir. 22 ACTING PRESIDENT KUHL: Senator 23 continues to yield. 7912 1 SENATOR PATERSON: Senator, you 2 have been very helpful. Now, I'd like to ask 3 you a couple of questions about Learnfare in 4 year two. I'm interested in how many sites will 5 actually be located in the New York City area. 6 SENATOR HOLLAND: It's six the 7 first year, fifteen the second year -- that's 8 what you are asking about -- and six of them 9 would be in the City of New York the second 10 year, six out of the fifteen in the second year. 11 SENATOR PATERSON: Can you give 12 me an estimate -- if the Senator will continue 13 to yield? 14 ACTING PRESIDENT KUHL: Senator 15 Holland, do you continue to yield? 16 SENATOR HOLLAND: Yes. 17 ACTING PRESIDENT KUHL: Senator 18 continues to yield. 19 SENATOR PATERSON: -- an estimate 20 of what the cost for the 21 sites over the two 21 year period will be? 22 SENATOR HOLLAND: First year 23 estimate cost is $800,000. I don't know how 7913 1 they come to that, Senator, but that's what the 2 figures say. 3 SENATOR PATERSON: $800,000? 4 SENATOR HOLLAND: Yes, sir. 5 SENATOR PATERSON: All right. 6 Thank you, Senator. 7 ACTING PRESIDENT KUHL: Senator 8 Espada. 9 SENATOR ESPADA: Thank you, Mr. 10 President. Just a question or two of Senator 11 Holland. 12 ACTING PRESIDENT KUHL: Senator 13 Holland, do you yield to Senator Espada? 14 SENATOR HOLLAND: Yes, sir. 15 ACTING PRESIDENT KUHL: Senator 16 yields. 17 SENATOR ESPADA: Thank you, 18 Senator. The residency requirements and the 19 prohibition for payments to immigrants or 20 out-of-staters, the question to you is, are you 21 at all concerned, number one, about the 22 constitutionality of those provisions in this 23 bill? And, number two, no doubt that this will 7914 1 bring about some litigation; what would be the 2 cost to the State of New York for said 3 litigation? 4 SENATOR HOLLAND: I imagine, 5 Senator, as you do, that it will be challenged. 6 Sorry, I do not know or have an estimate of the 7 cost to either side. 8 SENATOR ESPADA: As to the first 9 part, though, the constitutionality of those 10 provisions, are you at all concerned about 11 those, inasmuch as some of these have already 12 been tested in the court system and the Court 13 has spoken loud and clear on our constitutional 14 provisions that provide for the needy and don't 15 include residency requirements and the like. 16 SENATOR HOLLAND: Yes, sir, I 17 believe that there will be some questions about 18 the item. People will take it to court, I'm 19 almost positive. 20 SENATOR ESPADA: With respect to 21 the total package, I hear you loud and clear on 22 the issue of Learnfare, on the issue of work 23 fare; and the political climate being what it 7915 1 is, we understand that things could have been a 2 whole lot worse given my perspective and many of 3 the Assembly Democrats, but if you had your 4 druthers -- and it is the phraseology that you 5 just used with respect to Learnfare -- but if 6 you had your druthers, what would you really do 7 that would insert some degree of positive 8 aspects to a woman and a child and a poor person 9 dependent on these programs being able to lead a 10 life of economic and personal independence? 11 I am having a very hard time 12 trying to find a single provision here that 13 doesn't result in a punitive sanction as opposed 14 to something that can help me as a poor person 15 get off the rolls, get a better education for my 16 children. When will we take that up, is my 17 question? 18 SENATOR HOLLAND: I guess, 19 Senator, my impression is that we are trying - 20 or we would like to put the family back 21 together. We would like to encourage personal 22 responsibility, and I believe that Workfare, 23 Learnfare, limits to the time that you can be - 7916 1 or limits to the amount of money that you can 2 earn and minors living at home is what we're 3 really trying to do. 4 I think it's -- it's taken us 30 5 to 40 years to destroy the family. One of the 6 other things that we have in here also is the - 7 encouraging child support payments that I guess 8 Senator Saland will talk about, and that's 9 requiring fathers to support their children 10 which should have happened a long time ago, and 11 these are things that I think -- the total 12 overall package is trying to put the family back 13 together, encourage the kids and parents to have 14 the children go to school and grow in a family 15 atmosphere, encouraging grandparents and 16 grandchildren to live together. That type of 17 thing is what we're looking for totally, and 18 that's what we hope the package will do in the 19 long haul. 20 SENATOR ESPADA: Through you, Mr. 21 President. 22 ACTING PRESIDENT KUHL: Senator 23 Holland, do you continue to yield? 7917 1 SENATOR HOLLAND: Yes, sir. 2 ACTING PRESIDENT KUHL: Senator 3 yields. 4 SENATOR ESPADA: Those are all 5 laudable goals, and they all really sound great 6 when they appear in the manuscript of the 7 "Contract with America." They sound great when 8 they appear on these bills. But when you 9 actually try to concretely go about living the 10 life of a poor person and engaging or 11 interfacing with these kinds of legislative 12 initiatives, what you find is, "Now I'm on 13 Workfare. Now I have a job. I'm at the 14 worksite. Everybody knows that I'm an HR, 15 welfare, Workfare recipient. The working person 16 that lost the job because I'm there hates my 17 guts. The people that are there, basically, 18 don't give me any respect because I'm 19 stigmatized; and in the end, when you really 20 analyze it, I'm earning way less than minimum 21 wage for my participation in the job market." 22 So the question really is, when 23 are we going to go about the job of really 7918 1 creating real personal responsibility as opposed 2 to stigmatizing people by way of making them 3 earn what they get off of the public dole? 4 The fact of the matter is that 5 most of these people want jobs. Do you think 6 there is a better approach that we can utilize 7 putting people through more training, putting 8 people through more college education programs, 9 than to subject them to that kind of continued 10 humiliation that in the end will not result in 11 any permanent career path or real job? 12 SENATOR HOLLAND: Senator, as far 13 as the training goes, you know that nationally 14 and statewide we've had a number of training 15 programs; and if you talk to the Welfare 16 Inspector General, he will tell you that many of 17 those programs were rife with fraud. There was 18 fraud all over them. They were stealing from 19 us. 20 If you talk to some of the 21 clients -- and I believe that most of them want 22 to work. Most of them have a different opinion 23 than we do in this chamber and they do in the 7919 1 other chamber. Most of the people on welfare, 2 if they have a baby, they want to go to work 3 very quickly. They want to get a job, and I've 4 been down and talked to them with you and 5 Senator Waldon. So - 6 I lost my point. I lost my 7 point. 8 SENATOR ESPADA: The point is and 9 the reason why we get lost in the debate -- no 10 pun intended, but the reason is because we're 11 not really focusing in on what result we really 12 want. 13 My question to you is -- I 14 believe that you want people to get real jobs 15 that pay liveable living wages that they can 16 support a family on; and my whole problem with 17 this is that this framework opens the door for 18 more participation in Workfare but when I go 19 through that door and I try to go to some path 20 that will lead me to stable employment, I don't 21 get there. 22 And so maybe we should celebrate 23 about this thing and say, "Oh, this is great for 7920 1 New York and people are going to be put to work, 2 but what we really want is real results, and I'm 3 having a hard time getting to your goal through 4 this method. 5 And my question to you is, when 6 are we going to go about in this state really 7 taking on the real job of putting people in the 8 job market with real skills? I'm not talking 9 about the fraudulent type that rip off 10 government grants and that sort of thing. You 11 and I know about the good programs that are out 12 there waiting to receive more assistance. 13 If we were to invest in those, if 14 we were to accentuate the positive out there 15 instead of knocking people over the head, my 16 question to you is, don't you think we would get 17 a lot more people to remain in the job market 18 and to stabilize their families with that kind 19 of approach as opposed to what is in this 20 legislation? 21 SENATOR HOLLAND: I think we're 22 talking about the same thing. I think the 23 legislation is talking about the same thing, 7921 1 Senator. I think people who go to work, who 2 have a job, are better off. People who are 3 matched to a job that meets their educational 4 background, their matched abilities, their 5 likes, are much better off than people who are 6 forced into training programs that, really, they 7 don't have an interest in. 8 If somebody is forced into a 9 software job or a computer hardware job that 10 they don't like, it's a total waste of money and 11 time for the individual. I think that's what 12 we're trying to do here. Through Workfare we 13 are trying to match people with jobs that 14 matches their likes and their abilities. "Work 15 America" does that. Many other programs do 16 that, and I think people are better off if we 17 can get them into jobs, not into educational 18 programs that don't match their abilities, and 19 that's what we're trying to do. 20 We're trying to do two things. 21 We're trying to educate them, and we're trying 22 to get them jobs. Those are the basic two 23 things we'd love to do, and we don't want them 7922 1 staying on the public dole. We do not think 2 it's good for the taxpayers or good for the 3 people who are actually on the dole. 4 SENATOR ESPADA: One last 5 question, though you, Mr. President. 6 ACTING PRESIDENT KUHL: Do you 7 continue to yield, Senator Holland? 8 SENATOR HOLLAND: Yes. 9 ACTING PRESIDENT KUHL: Senator 10 continues to yield. 11 SENATOR ESPADA: On the Workfare, 12 Senator Holland, you know, we put in a provision 13 to work in the not-for-profit sector and 14 government programs. Would you be at all 15 opposed to legislation that would essentially 16 encumber, obligate the UDC (the Urban 17 Development Corporation) that provides grants 18 and assistance, subsidies and the like, to 19 for-profit corporations? Would you at all be 20 adverse to having a requirement, a Workfare 21 provision, tied to those kinds of assistance 22 that we provide to for-profits that would really 23 pay living wages to welfare recipients to work 7923 1 in the private sector? 2 SENATOR HOLLAND: I would look at 3 anything, to tell you the truth, Senator, that 4 would put people to work and find them jobs that 5 they liked and would stay in. 6 SENATOR ESPADA: Thank you, 7 Senator Holland, for yielding. Thank you. 8 ACTING PRESIDENT KUHL: Chair 9 recognizes Senator Leichter. 10 SENATOR LEICHTER: Yes, Mr. 11 President. This is part of what I consider one 12 of the worst and most flawed budgets that we've 13 had and a budget that is going to do grievous 14 harm to New York State and that's going to bring 15 us back next year dealing with an impossible 16 deficit, where we're going to be forced to make 17 further cuts in basic services. 18 What this budget does is really 19 turn around the purpose and function of 20 government, which is to help the needy, the 21 poor, the disadvantaged, and makes the role of 22 government to supporting and helping the wealthy 23 and taking away essential programs for those who 7924 1 really have to rely on government for help and 2 protection. 3 This particular bill, of course, 4 is the centerpiece for many of the Republicans 5 because this is really the one that expresses 6 the scapegoating that you have been so involved 7 in, where the blame for all the deficit, the 8 blame for our economic problem. Who is to 9 blame? Well, it's those people on welfare. 10 It's the costs on welfare. All of the myths, 11 all the shibboleths, all the simplicity that has 12 driven the Republican right is represented to 13 such a large extent in this bill, and it would 14 be even much further if it weren't for a Speaker 15 who stood up against some of the excesses of the 16 Republican right. 17 But this whole idea that people 18 on welfare are the cause of the problems that we 19 have in this state, that they are the cause of 20 the deficit, of course, is sheer bunk; and the 21 idea that welfare is at the root of the breakup 22 of the family, as I just heard Senator Holland 23 say, of course, is expressive of the nonsense 7925 1 that drives the far right Republican 2 philosophy. 3 In fact, there was just a study, 4 Senator Holland, if you had read it, by the 5 United Nations that shows that the breakup of 6 the family happens to be a worldwide phenomena, 7 particularly in developed countries, has no 8 relationship whatsoever to welfare. 9 But that's the sort of 10 shibboleths and myths that we hear, and this is 11 the sort of bill we get, and to call this 12 "welfare reform" is the worst of misnomers. 13 There is no reform in here at 14 all. What you are essentially, basically doing 15 is cutting benefits. Is that reform? Oh, yes, 16 we're helping people. Senator Holland says 17 we're going to make them more self-reliant. You 18 know, make people hungry, they become reliant. 19 That's a wonderful thing. 20 That's how we're going to create 21 the family unit, by seeing that people go 22 hungry; and if, in fact, we'd had your 23 reductions in benefits, which you had initially, 7926 1 there is no question that we would have had 2 many, many people in this state who would have 3 gone hungry. 4 I don't know whatever happened to 5 that wonderful doctrine of F.D.R., the Four 6 Freedoms, which included the freedom from hunger 7 and the freedom from want and the freedom from 8 lack of shelter. That's really what our 9 government ought to aim at. 10 Is the welfare system a flawed 11 system? No question about it. Is it a failed 12 system? I would say that maybe our economy is 13 failed. Our society has some failures in it, 14 and certainly our government has failed. But I 15 think we need to look at who's on welfare, why 16 they are on welfare, what the problems are. 17 No question, we have many, many 18 dysfunctional people in this society. They 19 exist particularly in the urban areas. Many of 20 them come from minority backgrounds because of 21 the particular difficulties of problems that 22 minorities have traditionally had and still have 23 in our society. Can we make it better? No 7927 1 question about it. Can we try to move people to 2 work? Absolutely should be done. 3 But it requires more than 4 slogans. You can't just say "Workfare". That's 5 wonderful. Put people on welfare to work. 6 That's great. Who is against that? Everybody 7 is in favor of that. 8 How are you going to do it. How 9 are you going to deal with it? Where are the 10 jobs? How do you train people for it? Senator 11 Holland, that costs money. 12 That costs money; and the reason 13 we have made far less progress under the reforms 14 that Senator Moynihan pushed through the 15 Congress is because neither the federal 16 government nor the states have been willing to 17 put up the money that's required. If you are 18 going to take people who come from a very 19 troubled background and home situation, it's 20 going to require money. 21 There was an article in today's 22 Times about a particular school in New Jersey, 23 St. Anthony's, that takes these young people 7928 1 from these troubled backgrounds that ordinarily 2 or that traditionally in the last decades or so 3 have just continued on a life of welfare, but 4 trains them, educates them, and a very large 5 proportion of them now are going to college. 6 That program, by the way, is probably going to 7 be cut in New Jersey because it's part of their 8 so-called reform program there. That's the sort 9 of things that we need to be doing. 10 But I'll say this, Senator 11 Holland, and my other friends on the other side 12 who love to talk about welfare, you want to talk 13 about welfare? There is lot of welfare. We 14 give a lot of support in our society. I mean, 15 to listen to some of you, you would think that 16 all of you or the people you represent had made 17 it without any government help at all. It's 18 wonderful. 19 Well, you got veterans benefits. 20 Oh, well, that doesn't count. We subsidized the 21 growth of the suburbs. Oh, well, that doesn't 22 count. We provide all sorts of benefits to 23 corporations. Oh, well, that doesn't count. 7929 1 You take a look where a large amount of 2 subsidies and assistance goes in our society, 3 and it really goes to people who happen to be 4 fairly well off, and it has enabled these people 5 to reach that middle class status, which is 6 wonderful. It's wonderful that we've done 7 this. 8 But everything that I'm talking 9 about you consider sort of an entitlement 10 program. Interest deductions for homes in the 11 suburbs, where does it say that that's not 12 welfare? Why isn't that welfare? That benefits 13 you, benefits your constituents and, therefore, 14 it's an entitlement program. Why is that any 15 less welfare than when you take a poor family 16 and you say "I'm going to give you a shelter 17 allowance"? Do you know how much the state 18 spends in interest deductions? An enormous 19 amount, billions of dollars every year. I 20 happen to think, by and large, it's a good 21 investment, but what I dislike is that what you 22 have is entitlement but what people who are poor 23 and needy receive, that's a dole. That is a 7930 1 give-away. That's waste. 2 Take a look at the corporate 3 welfare. I issued a report, showed New York 4 State poured $1.2 billion in programs of 5 benefits to corporations, many of which did not 6 create jobs. 7 You want to apply the test of, 8 well, is it cost effective? Does it create 9 reliance? Does it achieve its purpose? That's 10 the test you apply on social welfare. You would 11 have to apply it to corporate welfare, other, at 12 the same point. 13 I'm also very concerned about 14 aspects of this bill -- I'm not going to get 15 into the details on it -- which are going to 16 make it that much more difficult for hospitals, 17 particularly in the urban areas, to provide 18 services. The cuts in Medicaid, some of the 19 other reductions in hospital programs, are 20 unquestionably going to create serious problems 21 not only in the urban areas but I think they are 22 going to create it in the rural areas. I think 23 you are going to find some of your small rural 7931 1 hospitals are going to close because of these 2 cuts in Medicaid. But I think essentially what 3 this bill reflects is the anti-urban, anti-poor 4 and anti-minority aspect which has driven so 5 much of this budget. 6 And if anybody gets up, and I'm 7 sure they will, and say, "We're achieving 8 welfare reform; we're achieving efficiency in 9 government," I think you are achieving none of 10 that or hardly any of that in this bill. I 11 shouldn't say none of it, because there are some 12 provisions that make sense -- certainly making 13 fathers pay for their children. There's other 14 things in there I think we can agree on, but the 15 main aspects of this are punitive. They are 16 purely and simply punitive. They scapegoat, and 17 I think this is a bill that I frankly am ashamed 18 of, and it's a budget that I'm ashamed of. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 246. 22 This act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 7932 1 roll. Senator Espada to explain his vote? 2 SENATOR ESPADA: I have a 3 question. 4 ACTING PRESIDENT KUHL: Oh, okay. 5 Withdraw the roll call. 6 Senator Holland, do you yield to 7 another question? 8 Senator Espada. 9 SENATOR ESPADA: My question is 10 not of Senator Holland but of Senator Hannon on 11 the health component of the - 12 ACTING PRESIDENT KUHL: Senator 13 Hannon, do you yield to Senator Espada? 14 SENATOR HANNON: Yes. 15 ACTING PRESIDENT KUHL: Senator 16 yields. 17 SENATOR ESPADA: Thank you, 18 Senator Holland. Just one question, sir, on the 19 projected job loss that the implementation of 20 these various measures -- cost containment 21 measures will result in. What is your 22 projection of job loss in our state as a result 23 of these measures? 7933 1 SENATOR HANNON: I don't have 2 any. 3 SENATOR ESPADA: Pardon? 4 SENATOR HANNON: I don't have 5 any. 6 SENATOR ESPADA: Would you 7 consider your answer somewhat remiss in the fact 8 that this is a big part of the fiscal impact? 9 SENATOR HANNON: I would look at 10 it more in this way, Senator. We were faced 11 with an overwhelming deficit, and one of the 12 reasons we were faced with a deficit is that the 13 revenue projections in this state had fallen 14 because we had for various reasons industries 15 leaving this state, jobs leaving this state, 16 when we know that when the rest of the nation 17 went through a recession, was going through a 18 recovery, we had not gone through a recovery. 19 So before we could start looking 20 at everything in terms of our effect, we had to 21 look at what we had to cure, and part of the 22 cure that we had to do was to put our fiscal 23 house in balance, put our fiscal house in order, 7934 1 make sure that we could pay our bills, make sure 2 that people who were the neediest were taken 3 care of instead of doing everything that was, 4 want-to-be, and desirable. 5 So in terms of remiss, no. I 6 think you are absolutely wrong. I think what we 7 have tried to do here is with the scarce 8 resources available take care of the people who 9 need it most. 10 SENATOR ESPADA: Through you, Mr. 11 President. 12 Maybe remiss was an unfortunate 13 and premature conclusion, but, certainly, 14 incomplete maybe more appropriate because the 15 question still stands. How many jobs will be 16 lost to the health care sector and to New York 17 State residents as a result of these cost 18 containment measures? If the answer is that you 19 don't have an answer, then - 20 SENATOR HANNON: Are you 21 suggesting, Senator, that the purpose of the 22 health care system is not to take care of people 23 who are sick, who are needy, who are infirm, but 7935 1 rather to provide jobs for people who don't have 2 them? 3 SENATOR ESPADA: The answer to 4 your question is it is A and B and C and it's a 5 lot of things. It isn't just simple slogans, 6 "health care," "Workfare". What we have here 7 is a complicated world. What we have here is 8 that health care industry in New York State is 9 like the oil industry in Texas and Silicon 10 Valley in California. You don't go - 11 SENATOR HANNON: Are you 12 suggesting that we should not be taking - 13 SENATOR ESPADA: I don't - 14 ACTING PRESIDENT KUHL: 15 Gentlemen. Gentlemen. Gentlemen. This is this 16 is not a shouting match. We have a procedure. 17 We go through the Chair. One Senator will ask a 18 question. The other one will be given a chance 19 to respond to it. We don't interrupt people in 20 the middle of discussions. It's going to be a 21 long day today, so let's please show a little 22 respect to our comrades here, our colleagues 23 here in the Senate. 7936 1 Senator Espada, did you finish 2 your question? 3 SENATOR ESPADA: I was actually 4 responding to the question when I was 5 interrupted. 6 ACTING PRESIDENT KUHL: You have 7 the floor, so it's your floor. 8 SENATOR ESPADA: Thank you so 9 much. 10 The question of the impact on the 11 health care industry isn't to negate the fact - 12 and believe you me, I spent a lifetime on the 13 provider side of health care, so I understand 14 health provisions very well. 15 I also understand that in my 16 county 45 percent of the jobs that have been 17 created in that needed sector have been in the 18 health care industry, so it's worked both 19 wonders. It's improved the quality of health 20 care in my district and also has provided for 21 families and stability and job careers. 22 And so it is to the latter impact 23 that I ask you again about job losses, is all. 7937 1 SENATOR HANNON: When we went 2 through the Medicaid system, we looked at what 3 efficiencies, what savings could be made in the 4 hospitals, nursing homes, home care, personal 5 care. We took a budget that had been crafted as 6 so many others have been crafted in the past 7 with more of an eye toward savings and tried to 8 look at it in terms of caring for people. 9 When we restored the long-term 10 home health care, we looked not just at that one 11 program, but we looked at related programs and 12 saw what had to be done so conceptually we would 13 be taking care of people. 14 Well, we did the same thing in 15 analogous ways, personal care nursing homes, 16 hospitals. 17 I submit to you, Senator, that 18 what we had to do was to look at what was of the 19 utmost concern for individuals at a time when 20 they needed the help the most. In fact, one of 21 the greatest tragedies is the demise of the 22 mandated managed care for those people in the 23 Medicaid system. In that way, if we had had 7938 1 this managed care, we could have insured that 2 people would have a regular system of health 3 care, would have a regular care giver, not use 4 the emergency rooms, not be treated in the most 5 costly, inefficient and illogical way. 6 What has happened with the demise 7 of that mandate, in the budget at least, is, I 8 think, the loss of quality care to the 9 individuals who need it most; and as an 10 ancillary thing, it would have saved money; and 11 that money could have been put into things we 12 might want to see but are not absolutely 13 necessary in the health care system; and those 14 things we might want to see might have responded 15 to your question. 16 But what we have tried to do is 17 always look at what is the purpose of this 18 program, what is the goal that we are seeking, 19 because, frankly, that is our obligation. 20 SENATOR ESPADA: If I may, Mr. 21 President, just as a follow-up? 22 ACTING PRESIDENT KUHL: Senator 23 Hannon, do you continue to yield to Senator 7939 1 Espada? 2 SENATOR HANNON: Yes. 3 ACTING PRESIDENT KUHL: Senator 4 yields. 5 SENATOR ESPADA: I didn't have it 6 in mind, Senator Hannon, to discuss managed care 7 but since you brought it up, maybe you could 8 explain how, in fact, we could have implemented 9 the Governor's proposals for mandatory managed 10 care when, in fact, it seems at a quick cursory 11 glance of the memo that we received in 12 conference just now that we've essentially 13 gutted out all the primary care capacity 14 building strength that was in the budget two 15 years ago through the NYPHRM that we passed. 16 I don't understand how we can 17 have mandatory managed care, which essentially 18 would require that people be absolutely involved 19 in an HMO setting, without having family doctors 20 in those family clinics for them to go to. 21 So since you brought it up, the 22 question is, really, were we ready for this 23 thing that you said is subject to demise? 7940 1 SENATOR HANNON: Not only do we 2 believe that over a three-year period we could 3 have achieved the goals that would have been set 4 and we could have done it in a very orderly way, 5 I believe that through the 1991 statute that 6 allowed for voluntary enrollment, that we will 7 see by the end of this year or shortly into next 8 year, calendar year, over a million people on 9 Medicaid, a good proof of -- and very close to 10 the goals that are contained in the 11 Administration's plan that's been submitted to 12 Washington for a waiver. 13 So I believe the answer is 14 question is yes, and the questions in regard to 15 the changes in the NYPHRM system have nothing to 16 do with the capacity that would have been needed 17 and will be needed for managed care. 18 SENATOR ESPADA: We have a loss, 19 Mr. President -- one last question? 20 ACTING PRESIDENT KUHL: Senator 21 Hannon, do you continue to yield? 22 SENATOR HANNON: Yes, Mr. 23 President. 7941 1 ACTING PRESIDENT KUHL: The 2 Senator continues to yield. 3 SENATOR ESPADA: Do we have a 4 loss of primary care development funding 5 capacity in this budget? Do we have a loss? 6 SENATOR HANNON: I don't believe 7 so. 8 SENATOR ESPADA: We have not 9 reduced the primary care enhancement 10 capabilities under this budget? 11 SENATOR HANNON: There are many 12 sources of money that can be used for the 13 evolving medical needs of this state. Just 14 because something happened to be reduced that 15 had that title doesn't mean there aren't many 16 other streams of that money. There are five 17 incarnations of NYPHRM, which is the payment 18 system that fixes the rates for hospitals and 19 then provides ancillary social goals through the 20 bad debt and charity pool and a number of other 21 add-ons; and there are many of those other 22 streams of revenue to the hospital that can be 23 used for this purpose. 7942 1 SENATOR ESPADA: I look forward 2 to debate on NYPHRM when it comes up, but 3 suffice it to say that it's clear to me that we 4 have eliminated primary care enhancement and 5 capacity development in this budget; and if you 6 won't say it, I will. We have. 7 Thank you. 8 ACTING PRESIDENT KUHL: Chair 9 recognizes Senator Waldon. 10 SENATOR WALDON: Thank you very 11 much, Mr. President. 12 Would the distinguished chairman 13 of Social Services from Orange and Rockland 14 Counties permit me to ask him a question or 15 two? 16 ACTING PRESIDENT KUHL: Senator 17 Holland, do you yield to Senator Waldon? 18 SENATOR HOLLAND: Yes. 19 ACTING PRESIDENT KUHL: The 20 Senator yields. 21 SENATOR WALDON: Thank you very 22 much, Mr. President. 23 Senator Holland, I'm going to 7943 1 surprise you today. I'm going to support this 2 bill. But I have a couple of concerns, and I 3 need you to iron them out for me. 4 SENATOR HOLLAND: You say you are 5 going to support the bill, Senator? 6 SENATOR WALDON: I think I am 7 going to support the bill. 8 SENATOR HOLLAND: Good man. 9 SENATOR WALDON: Isn't that a 10 revelation? At last, distant polarized 11 philosophies will somehow come together, but 12 there is a bridge I have to cross. I want you 13 to help me cross that bridge. 14 This is in regard to the 15 Learnfare component. I'm concerned that a child 16 through whatever reason is absent from school 17 and the family will be penalized; and my 18 understanding is that those children who are 19 receiving aid from the state over the period of 20 a year -- we're talking about a collective now 21 -- are absent only two days more than all other 22 children; that that is what the data shows; and 23 yet what you are proposing is that if a child is 7944 1 absent from school, unexcused, as characterized 2 by the legislation, that the family will suffer 3 in terms of the monetary benefit. 4 Can you tell me when the 5 mechanism triggers to end the benefits for the 6 family; and can you tell me what the 7 conferences -- the warning conferences, what it 8 really entails? 9 SENATOR HOLLAND: When it 10 triggers is five days of unexcused absences in a 11 quarter. 12 SENATOR WALDON: It's not quite 13 accurate from what I read. 14 SENATOR HOLLAND: The conference 15 is with the family and the school district, and 16 would be held after three unexcused absences, 17 before the five are completed. 18 SENATOR WALDON: May I continue, 19 Mr. President? 20 ACTING PRESIDENT KUHL: Senator 21 Holland, do you continue to yield? 22 SENATOR HOLLAND: Yes. 23 ACTING PRESIDENT KUHL: Senator 7945 1 continues to yield. 2 SENATOR WALDON: Thank you, Mr. 3 President. Who will attend that conference? 4 SENATOR HOLLAND: I don't believe 5 it specifically says that. It lays out the 6 number of people or who should attend, but it 7 would be the family and representatives of the 8 school, anybody who can help solve the problem. 9 SENATOR WALDON: If I may 10 continue, Mr. President? 11 ACTING PRESIDENT KUHL: Senator 12 Holland, do you continue to yield? 13 SENATOR HOLLAND: Yes. 14 ACTING PRESIDENT KUHL: Senator 15 continues to yield. 16 SENATOR WALDON: Thank you, Mr. 17 President. 18 What I really want to know is who 19 will pull the trigger? Who will say, "Your 20 child in this quarter has been absent too many 21 times. We are now going to cut off the 22 benefits"? Who has that responsibility? 23 SENATOR HOLLAND: It will either 7946 1 be the school or the social services district. 2 I assume it will be the school district and, 3 hopefully, it will be done at the local level 4 with the parents themselves. 5 I think every effort is going to 6 be made, Senator, and I hope you are correct, 7 that your study says that they only miss two 8 additional days, and maybe that's true until the 9 sixth grade. That's when, as Senator Espada 10 said, I think, the younger people start leaving 11 school. We're trying to get them in to -- and 12 we don't want to take the money away from them 13 if they really need money. 14 We're trying to get them used to 15 going to school. We're trying to get the parent 16 to continue to encourage the young people to go 17 to school. That doesn't only happen in the 18 Bronx or Brooklyn. It also happens in New City, 19 in particularly junior high school, when kids 20 don't want to go to school. We need the 21 assistance of the parents and the assistance of 22 the school and everybody else to get them over 23 that hump and they get a little bit better in 7947 1 high school. 2 SENATOR WALDON: One last 3 question, if I may, Mr. President? 4 ACTING PRESIDENT KUHL: Senator 5 Holland, do you continue to yield? 6 Senator yields. 7 SENATOR WALDON: I am unclear 8 because in your response you were unclear about 9 who will make the final decision; and so my 10 question to you is, will you put pressure on the 11 system to make sure that the decision is not 12 made by the school in terms of cutting off the 13 money, but by the representative of the state 14 which is better equipped, in my opinion, to do 15 that with recommendations from the school? 16 And if you can assure me that you 17 will do this -- and I trust your response - 18 then I may be able to support you regarding this 19 legislation. 20 SENATOR HOLLAND: Right off the 21 top of my head, Senator, you know, I have a 22 little problem with that. I think the people in 23 the school themselves who work with the young 7948 1 person daily and know the young person would 2 probably have a better judgment of whether this 3 young boy or young girl is trying to cut school 4 or not trying to cut school rather than somebody 5 from social services. 6 So I would like to see it done at 7 the local school because I think the teachers 8 and the principals there know the young people 9 that come to their school. 10 Let me just say one more thing. 11 It's not set yet, Senator. You know that. It's 12 got to be worked out in the plan, and the plan 13 has not been specified. 14 SENATOR WALDON: Mr. President, I 15 apologize. Because of the response of our 16 chairman, I need to just say one more thing to 17 him, and then I will be seated. 18 ACTING PRESIDENT KUHL: Senator 19 Holland yields. 20 SENATOR WALDON: Perhaps I didn't 21 explain myself clearly enough, Senator, and that 22 happens often times. I'm 58-1/2 now. A lot of 23 things don't work the way they used to. We've 7949 1 gone down this road before. 2 The point I was trying to make is 3 that the decision to cut off the money should 4 not be with the school personnel. The 5 determination as to whether or not the student 6 is performing up to speed should be the 7 responsibility of the school, and that 8 recommendation would then go to the social 9 services agency representative and that 10 representative would make the decision. 11 If I did not explain that clearly 12 enough before, I do it now. That was the thrust 13 of my concern. If you can assure me now -- to 14 complete, if you can assure that that will be 15 the process, which I think you did just a moment 16 ago, if you can repeat it for us, then I can 17 support you on this measure. 18 Thank you, Mr. President. Thank 19 you, Senator Holland. 20 SENATOR HOLLAND: I will do the 21 best I can. 22 ACTING PRESIDENT KUHL: Senator 23 Stavisky. 7950 1 SENATOR STAVISKY: Senator 2 Holland, would you yield? 3 SENATOR HOLLAND: Yes. 4 SENATOR STAVISKY: Senator 5 Holland, we have not yet seen a local assistance 6 budget, but from the preliminary indications, it 7 does not appear that school districts will be 8 satisfied or able to perform all the functions 9 required of them. 10 When I last undertook examination 11 of this thorny problem, I found that one of the 12 difficulties is that bureaus of attendance have 13 been decimated because school administrators 14 have had to decide whether to keep teachers in 15 the classroom or attendance officers available 16 to deal with absenteeism. 17 Can you assure us, as you ask us 18 to vote on this bill, that there will be 19 adequate funding for bureaus of attendance in 20 all of the schools that will be subject to this 21 procedure? 22 It's not that I'm quarreling with 23 you on the desirability of having an improvement 7951 1 in classroom attendance, or performance, 2 obviously, but I think that we may be imposing 3 upon the schools a mandate without money. We 4 may be imposing upon the schools a 5 responsibility without adequate staffing for 6 bureaus of attendance; and have you consulted 7 with your colleagues who have responsibility for 8 educational funding in the school districts, the 9 700 school districts of the state which will 10 ultimately be covered by your bill or even the 11 sample school districts that are involved in the 12 preliminary survey and the preliminary 13 procedure? Can you assure the members of this 14 Senate that bureaus of attendance, properly 15 staffed, are in place in all of these school 16 districts, or are you imposing upon the schools 17 a responsibility for which they have no 18 resources and limited personnel? 19 SENATOR HOLLAND: One of the 20 reasons that we're phasing it in is just to 21 improve the system as we go along. You 22 understand it's six districts the first year, 23 fifteen districts the second year, and statewide 7952 1 the third year? 2 There will be money going to the 3 districts. I can not guarantee how that goes to 4 the schools. However, I have to go back to a 5 little story in visiting the City of New York, 6 again. Many of those schools, it was my 7 impression, don't keep attendance; and 8 attendance should be kept. 9 If we can encourage the schools 10 to keep attendance, whether it costs money or 11 not, I think that's one of basic things we 12 should do. 13 There is money in there, 14 $800,000, as I said, to implement the program 15 for six districts the first year. It should be 16 enough money, Senator, but I really think the 17 school districts should keep attendance anyway. 18 SENATOR STAVISKY: Did I hear you 19 correctly? Did you say that there was $100,000 20 provided to each of the school districts? 21 SENATOR HOLLAND: $800,000. 22 SENATOR STAVISKY: $800,000. 23 Did you consult with any 7953 1 educational officials that this would be 2 adequate to cover the non-attendance problem, 3 the absenteeism problem; that they would, in 4 fact, be able to make contact, especially where 5 there may be a dysfunctional family, where 6 there's only one parent or where there may be a 7 foster parent, and whether there is anyone to 8 receive the message that the child has not been 9 in attendance? 10 You know, it is one thing to have 11 even a bureau of attendance and if the contacts 12 are made between 9:00 a.m. and 3:00 p.m. and the 13 parent is not home, and if there is no 14 opportunity for discussion, we may be creating 15 an unfair and unfortunate breakdown in the 16 system by insisting on results when we are not 17 assuring that the requirements are in place. 18 I commend you for the objective. 19 I do not commend what I fear will be inadequate 20 local assistance funding for education, where 21 New York City will continue to receive 22 inadequate state aid to education, not even 23 based on the number of pupils, not based on the 7954 1 number of pupils who have special needs, but 2 based on a formula that absolutely discriminates 3 against certain large city school districts, 4 including the City of New York, and does not 5 necessarily guarantee that they will be held 6 accountable with sufficient resources and 7 revenue; and districts here are not like 8 districts in other parts of the state. $800,000 9 does not go very far when you have a million 10 pupils and when you have in some school 11 districts as many as 35,000 students. 12 Are you aware that some school 13 districts can have as many as 30,000 students? 14 This may be more than entire counties in upper 15 New York State have in terms of students, and 16 these may be the very kids who have special 17 problems, special needs and not, too often, the 18 resources in the school system to care for them. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson? 21 SENATOR MENDEZ: Mr. President, 22 would Senator Holland yield? 23 ACTING PRESIDENT KUHL: Senator 7955 1 Holland, do you yield to Senator Mendez? The 2 Senator yields. 3 SENATOR MENDEZ: Senator Holland, 4 in terms of the Workfare program, how will a 5 home reliefer who is HIV-positive or has 6 tuberculosis, one of the -- this new kinds of 7 that disease, how will they fare within the 8 Workfare program? 9 SENATOR HOLLAND: HIV individuals 10 can go into Workfare or are required to go into 11 Workfare but they cannot be sanctioned. They 12 cannot be put off the system for 90 days or 150 13 days or 180 days. 14 SENATOR MENDEZ: So, in other 15 words, in a sense they are exempted from the 16 Workfare provisions of the bill because of 17 illness. 18 SENATOR HOLLAND: Yeah. Let me 19 read this to you, if I could. It's lines 16 20 through 20. Home relief applicants or 21 recipients affected with HIV or exposed to 22 tuberculosis and in need of treatment as defined 23 by the Commissioner of Health, assigned to 7956 1 participate pursuant to Section 164 of this 2 chapter shall not be subject to the provisions 3 of the first undesignated paragraph in the 4 subdivision and that is the sanctions, 90 days, 5 150 days, 180 days. 6 SENATOR MENDEZ: Will the Senator 7 yield for a question? 8 ACTING PRESIDENT KUHL: Senator 9 Holland, do you continue to yield? 10 SENATOR HOLLAND: Yes. 11 ACTING PRESIDENT KUHL: The 12 Senator yields. 13 SENATOR MENDEZ: In the case of 14 individuals who are drug addicts or alcoholics, 15 what are the provisions in the bill affecting 16 them in terms of Workfare? 17 SENATOR HOLLAND: They can be 18 excused -- if I can find the section here, 19 Senator -- with a note from a doctor, I believe, 20 if they have to go to treatment. They can be 21 excused. I have read it. They can be excused 22 with a note from the doctor if they have to go 23 to treatment. 7957 1 SENATOR MENDEZ: Thank you. 2 Will the -- will he still yield 3 for a question? 4 ACTING PRESIDENT KUHL: Senator 5 Holland, do you continue to yield? 6 SENATOR HOLLAND: Yes. 7 ACTING PRESIDENT KUHL: The 8 Senator continues to yield, Senator Mendez. 9 SENATOR MENDEZ: Thank you, Mr. 10 President. 11 Senator Holland, in terms of 12 residency requirements, I believe that this bill 13 states that people who -- let's say people who 14 move to the state from other states for six 15 months, they are limited to receive only the 16 kind of welfare amount of monies that they 17 receive either previous -- in the previous 18 states where they had residency. 19 My question is I understand that 20 there was a -- a -- a Supreme Court decision in 21 reference to the right to travel of American 22 citizens. Would there be a possibility that 23 this specific aspect of this bill could be found 7958 1 unconstitutional? 2 SENATOR HOLLAND: There have been 3 cases, Senator, yes, that's true. We feel it 4 should be looked at again. We feel that it 5 should be challenged and that people who come in 6 should receive the same benefits they received 7 in their previous state or country. 8 SENATOR MENDEZ: Now - 9 ACTING PRESIDENT KUHL: Senator 10 Holland, do you continue to yield? 11 SENATOR HOLLAND: Yes, yes. 12 ACTING PRESIDENT KUHL: The 13 Senator continues to yield. 14 SENATOR MENDEZ: Thank you. 15 Senator Holland, I understand - 16 to what extent have individuals, let's say women 17 with children who are on public assistance, have 18 their allotments been cut in this bill? 19 SENATOR HOLLAND: No. 20 SENATOR MENDEZ: M-m h-m-m. 21 SENATOR HOLLAND: No grant cuts 22 for them. 23 SENATOR MENDEZ: What about - 7959 1 what about the personal health care -- I suppose 2 that I have to ask those questions to the 3 chairman of the Health Committee, but at least 4 on the aspect of -- thank you, Senator Holland. 5 At least on the aspect of welfare 6 reform, which we know our own president four 7 years ago in his campaign, he said that he 8 wanted to reform welfare as we know it. In the 9 -- in the aspect of welfare reform, we don't 10 know what will be coming down at present from 11 Washington. It's not been finalized there yet. 12 At least with respect to the 13 people who receive home relief, at least 14 individuals who are very sick are not being 15 forced into Workfare. 16 It is very interesting to know, 17 Mr. President, that years back in the '70s, the 18 city of New York started a program on Workfare 19 for men and women, and the objective of that 20 program was to have women and men work for their 21 welfare check in city offices, and I remember 22 that at the time I was very, very curious to see 23 how they felt about it, and I interviewed many 7960 1 of them, and they told me that they were very 2 happy that at least, although they were 3 receiving a check from the government, at least 4 they were working for it and at least every 5 morning that they would wake up, they would have 6 a place to go. 7 I am saying that, of course, what 8 happened to that program was they were looking 9 -- all these people were looking forward to 10 having a job with the City, but at the time the 11 unions opposed it and then the problem no longer 12 existed; and I'm saying this, Mr. President, 13 because there is a horrendously negative stereo 14 type concerning the -- who are the individuals 15 who, in fact, receive either home relief or 16 public assistance, and knowing the economic 17 realities of the state of New York during the 18 past years and that we have not been able to 19 join other neighboring states in gaining jobs 20 and in recuperating from our economic mess, so 21 that the scarcity of jobs make it even more 22 difficult for many welfare recipients to, in 23 fact, get jobs. I think I understand that, in 7961 1 this bill today, there -- more monies would be 2 provided for day care services for women who 3 have young children and will be -- will be 4 joining the Workfare. 5 Again, just on the area of 6 welfare, our society really makes a strong case 7 for developing marketable skills among the 8 poor. We shall always then have, unfortunately, 9 an economic under class and, in fact, our 10 studies recently do show that the gap between 11 the haves and the have nots in our country has 12 increased enormously through the years. 13 We hope that once our state puts 14 in order its economic situation -- and let us 15 hope that the philosophy of the Governor, in 16 fact, does work so that we could see an economic 17 revival in the state of New York that will 18 provide jobs for people who want to work but are 19 unable to do so because there are no jobs in the 20 market. 21 I have one other concern with 22 respect to health -- and let me see which one it 23 was. Will Senator Hannon yield for a question? 7962 1 ACTING PRESIDENT KUHL: Senator 2 Hannon, do you yield to Senator Mendez for a 3 question relative to a health provision in this 4 bill? 5 SENATOR HANNON: Yes. I was just 6 consulting Senator Tully - 7 ACTING PRESIDENT KUHL: The 8 Senator yields. 9 SENATOR HANNON: -- about some 10 information. 11 SENATOR MENDEZ: Senator Hannon, 12 my community, my district will be tremendously 13 impacted with the cuts in home health care and 14 -- according to the first budget submitted by 15 the Governor. 16 In this budget, Senator, how have 17 we fared in terms of the restitutions? Will 24 18 hour care still be in place so that senior 19 citizens that are very frail and that rather 20 stay at home rather than go into the nursing 21 home will be able to do so? 22 SENATOR HANNON: Under the - 23 even the first version of this bill that we 7963 1 passed in this house which we had negotiated 2 with the Governor, Senate 4000, we would have 3 dealt with personal care on an average basis so 4 that we still would have left for an individual, 5 if the determination -- determination was made 6 that 24 hours was the most appropriate number of 7 hours for that individual, they could have done 8 that. 9 There are most indications, 10 however, that having home care on a 24-basis is 11 not an appropriate setting, and so there needs 12 to be a very good review by the counties and the 13 city as to what's most appropriate to bring down 14 these average number of hours, but we have been 15 talking about averages and we still do so that 16 if there is something that is called for, a 17 short-term, acute need, that could be done. 18 SENATOR MENDEZ: Thank you. 19 Mr. President, will he yield for 20 a question? 21 ACTING PRESIDENT KUHL: Senator 22 Hannon, do you continue to yield? The Senator 23 continues to yield. 7964 1 SENATOR MENDEZ: Thank you. 2 Senator Hannon, in my district, I 3 have homes -- greater homes, I have individuals 4 who are tremendously physically handicapped, and 5 they have been successful at living independent 6 ly with the aid of the -- of the home health 7 care services. How will these individuals be 8 specifically impacted upon with this bill? 9 SENATOR HANNON: We have enacted 10 -- I believe you're referring to what's called 11 patient self-directed management care, consumer 12 directed personal assistance program, so that 13 people who are disabled but are fully functional 14 and know whatever the medical needs, that's a 15 limited number of individuals, but obviously 16 it's a group that we should be as supportive to 17 as possible. I think we have by establishing a 18 separate stream for them. 19 SENATOR MENDEZ: Finally, will 20 the Senator yield for another question? 21 ACTING PRESIDENT KUHL: Senator 22 Hannon, do you continue to yield? The Senator 23 continues to yield. 7965 1 SENATOR MENDEZ: With the kinds 2 of cuts that hospitals will be receiving -- and 3 I understand that the negotiating process 4 between the Assembly, the Senate and the 5 Governor has been very successful in terms of 6 bringing it -- in more monies to avoid a 7 tremendous amount of loss enforcing, in a sense, 8 closing of hospitals. How will hospitals that 9 are servicing poorer neighborhoods will -- will 10 fare under this bill? 11 SENATOR HANNON: They will fare 12 well, as well as one could expect. We spent a 13 great deal of time discussing the nature of the 14 hospitals, the ones that we called distressed 15 hospitals. There's another group of hospitals 16 that are called SLIPA which are really marked by 17 the large number of Medicaid patients they 18 treat. We're also aware of the municipal 19 hospitals, and that goes for not just the city 20 of New York, but there are municipal hospitals 21 outside, and we've tried to be as cognizant as 22 possible in regard to the population they serve 23 and the services that they render. 7966 1 It would, however, be wrong just 2 to look at what is happening in the hospital 3 field in terms of what we are doing in state 4 government. There are two other major outside 5 factors and forces that are working and will 6 work and will create changes, no matter what we 7 do. 8 The first is the continued 9 movement from insurance coverage under the fee 10 for service into managed care and, as that 11 happens, we find that there becomes more 12 efficient utilization of hospitals. We find 13 there becomes negotiated rates with hospitals, 14 and so those changes in the delivery of health 15 services are forcing the hospitals to change. 16 We know currently that our 17 hospitals have some of the longest rates of stay 18 for individuals who enter into those hospitals. 19 Longest rates of stay -- not the longest, but 20 among the longest rates of stay in the nation. 21 We have the highest among -- the highest 22 hospital costs among those in the nation. So 23 that's a force that's continuing to move, and we 7967 1 are going along with those changes; and I must 2 add the projected changes from Washington make 3 whatever we do today pale in comparison. 14, 15 4 times as great the cuts are being projected and 5 proposed for adoption this year when the federal 6 budget begins, the federal fiscal year begins 7 October 1. 8 So those changes are going to 9 cause us to take a long, hard look at what we're 10 doing, how we can do it and how we keep these 11 essential services flowing to people in your 12 community, people throughout the state because, 13 frankly, there's no corner of this state that 14 will be left untouched by both of those forces. 15 SENATOR MENDEZ: My final 16 question, Mr. President - 17 ACTING PRESIDENT KUHL: Senator 18 Hannon, do you continue to yield? The Senator 19 yields. 20 SENATOR MENDEZ: I was concerned 21 that $10 a month is nothing for you and I, but 22 $13 a month is a lot of money for senior 23 citizens who live on SSI. Has that problem been 7968 1 resolved in this budget bill? 2 SENATOR HANNON: That has not 3 been taken up at our table. That has not been 4 something that's been discussed in regard to the 5 Medicaid budget. 6 ACTING PRESIDENT KUHL: Senator 7 Holland, do you yield to a question? It seems 8 to be deferred to you from Senator Hannon - 9 Senator Mendez. 10 SENATOR HOLLAND: It's going to 11 be a separate bill, Senator. 12 SENATOR MENDEZ: $13 a month that 13 we're going to be -- some senior citizens - 14 poor senior citizens are going to lose. How are 15 we addressing that proposal? 16 SENATOR HOLLAND: Start the 17 question over again. Let me - 18 SENATOR MENDEZ: There was an 19 original proposal whereby senior citizens who 20 are poor would be losing $13 a month, I believe, 21 of their SSI or -- what's happening with that 22 proposal that we - 23 SENATOR HOLLAND: My 7969 1 understanding, Senator, is that original 2 proposal that we all heard back in the beginning 3 where the federal money would not be passed 4 through has been forgotten and it will not 5 happen and it won't happen in this bill. It's 6 not going to happen in the - 7 SENATOR MENDEZ: So the senior 8 citizens will be receiving the - 9 SENATOR HOLLAND: That's correct. 10 SENATOR MENDEZ: -- the $13 11 that's supposed to - 12 SENATOR HOLLAND: Senator, but we 13 have to pass another bill as we do every year to 14 pass that money through. 15 SENATOR MENDEZ: I know. I 16 know. But that will be okay? 17 SENATOR HOLLAND: Yes. 18 SENATOR MENDEZ: Thank you, 19 Senator Holland. Thank you, Senator Hannon. 20 Mr. President, I know that all 21 these budget bills that we are voting on this 22 year, that it has been a very lengthy, hard 23 process, painful for everybody. 7970 1 I am proud that the Democratic 2 Party has been pushing and pushing to make 3 certain that some of the most vulnerable 4 population of the state of New York are thought 5 of and not -- and not penalized as much. 6 I must also say that the members 7 of these houses as well as the Governor took to 8 heart those recommendations and came through 9 with the kind of budget that, yes, is not -- is 10 not the best in the whole world, because we all 11 would like to have lots of monies to fund the 12 best of programs that will help all the 13 residents of the state of New York to do better 14 in their lives, but within the economic reality 15 that this is a state that has a $5 billion 16 deficit within the economic reality, that 17 because of what we in prior years did with the 18 pension funds, we have a deficit there of $4 19 billion that the courts are asking to us to pay 20 back. Within all those realities of -- the 21 realities of the economic situation in the state 22 of New York, this is within that negative 23 economic reality. 7971 1 This is the best budget that we 2 can compromise. I feel satisfied and that is 3 why I'm going to support this bill. I feel 4 satisfied that senior citizens in my district 5 who are poor will not be penalized. I feel 6 satisfied that people in home relief within my 7 district who suffer from HIV-positive or have 8 tuberculosis will not be forced into Workfare 9 because of their health situation. 10 I'll be satisfied -- I'm 11 satisfied also that the home health care 12 programs as well as personal services, all those 13 services there, that new industry that provides 14 jobs for -- for poor, unskilled women and 15 provides a work of love to be taking care of 16 seniors day in and day that, that that industry 17 has been saved and that those women will be 18 working, and in doing so, providing those 19 services, they will be, in fact, saving monies 20 for the state of New York because, otherwise, 21 these older people would have to go into nursing 22 homes where I'm told, would have to pay anywhere 23 from 45,000 to 60- -- $60,000 a year. So that 7972 1 the hospitals will not be suffering 2 horrendously, the nursing homes either. 3 So within all that negative 4 economic reality, I think I must congratulate 5 the Speaker. I must congratulate the Majority 6 Leader here and the Governor, because within all 7 this negative situation, they have come up with 8 a budget that reflects the best that everybody 9 could do, and that's good enough for me. 10 Thank you, Mr. President. 11 ACTING PRESIDENT KUHL: The Chair 12 recognizes Senator Paterson. 13 SENATOR PATERSON: Mr. President, 14 if Senator Hannon might yield for a question 15 just briefly. 16 ACTING PRESIDENT KUHL: Senator 17 Hannon, do you yield to Senator Paterson? 18 SENATOR HANNON: Yes. 19 ACTING PRESIDENT KUHL: The 20 Senator yields. 21 SENATOR PATERSON: Senator, in 22 the negotiation, passage and adoption of this 23 budget in the area of personal care, we project 7973 1 a $63 million savings to the state arising from 2 the sanctions that we will impose if local 3 governments do not meet the threshold of 4 savings. 5 My question to you is what is the 6 standard which we are imposing on those local 7 governments because, as I see it, New York City 8 will bear the brunt of it, and in a way, if it 9 isn't organized properly, it would really be in 10 a sense a fiscal hit on New York City. 11 SENATOR HANNON: Two or three 12 things, Senator. That's a good question. 13 First of all, the brunt is much 14 less than the bill that passed this house or was 15 proposed by the Governor, by the mechanisms that 16 are available which are mechanisms in regard to 17 the management of the level of care, the 18 organization of care, the delivery of care, this 19 personal care that's delivered at the home, 20 that, I think, are available and are achievable 21 without at all harming the individuals receiving 22 the care. 23 We've taken looks -- I have, at 7974 1 programs throughout the state. We've seen 2 counties that have worked at sharply defining 3 the needs of the individuals, making sure that 4 extra hours are not allocated where they are not 5 absolutely needed, and we feel that they can be 6 done -- this can be done. 7 I've seen people go through two 8 different methods, the method that has arisen 9 without a lot of thought as people had to invent 10 this system and which over-allocates the hours 11 and other methods which are really people 12 management methods of saying you don't have to 13 be eight hours at an individual's home, and if 14 you can look and see if there's three or four, 15 ten individuals in a building or in a 16 neighborhood and share the services for those 17 individuals, and so that those savings, I think, 18 are achievable. I think there needs to be a 19 defined will to make them come about. I think 20 this is nothing new. This body passed a 21 limitation on -- in 1991 of 100 hours flat cut 22 off. I mean -- so things have been on the 23 horizon to the local social service districts 7975 1 that they had to get on the ball and do this. 2 In the county of Suffolk, a 3 countywide program, they took the average hours 4 from over, oh, 160 hours per month and brought 5 it down in the range of 80 hours per month as an 6 average delivery to people who need it, and 7 they're doing well with that. It's just a 8 question of how much application and focus they 9 can have. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PATERSON: Mr. President, 13 I think that's a sufficient answer and the only 14 question I would add is -- if Senator Hannon 15 would yield. 16 ACTING PRESIDENT KUHL: Senator 17 Hannon, do you yield? The Senator yields. 18 SENATOR PATERSON: Senator 19 Hannon, I guess I'm just a little more 20 interested in how we set the targets for the 21 amount of money we want to save in those 22 particular areas. Where do we -- I guess it's 23 something that is a little nebulous in concept 7976 1 and that's what I'm trying to - 2 SENATOR HANNON: This is going to 3 have to be something that will be set by the 4 Department of Social Services, communicated to 5 each of the districts. Very shortly, within a 6 couple of months -- I believe the date deadline 7 would be August 1st -- there will be quarterly 8 monitoring of all of this. There'll be reports 9 whether or not the targets are being met, and 10 there's even a provision for incentives to be 11 built in so that if the targets are met and 12 better achieved that some incentives can be 13 provided to local social service districts. 14 SENATOR PATERSON: Well, the 15 quarterly monitoring, which I wasn't aware of 16 until you just mentioned it, Senator, is 17 certainly going to be helpful, because I would 18 imagine, if there's any problems, some 19 adjustments can be made. I guess I'm just a 20 little more interested in what the criteria 21 would actually be for setting up this kind of 22 standard, because I'm not altogether sure that 23 we can meet our -- our objective of saving 63 7977 1 million. 2 SENATOR HANNON: There are some 3 of the criteria contained in the provisions of 4 the bill, Section 92. I don't have the page 5 number for you. I have the bill drafting copy, 6 and it says, first of all, through appropriate 7 and efficient use of personal emergency response 8 system, the type of system that people may be 9 familiar with through television advertisment, 10 health by phone, but that in and of itself 11 intelligently used can derive a great deal of 12 comfort to people who are the care givers to 13 make sure people do not have -- are put at risk, 14 shared aides also; another criteria is the total 15 size of the district, along with the density of 16 the number of recipients in that district. 17 ACTING PRESIDENT KUHL: Senator 18 Paterson. 19 SENATOR PATERSON: Thank you, 20 Senator. 21 That certainly alludes as to how 22 to achieve of the savings, which is what we are 23 -- are trying to do. 7978 1 My last question -- and I promise 2 you - 3 ACTING PRESIDENT KUHL: Senator 4 Hannon, do you yield to another question from 5 Senator Paterson? The Senator yields. 6 SENATOR PATERSON: Is -- the 7 actual target, who's going to set that up? 8 SENATOR HANNON: The Department 9 of Social Services. 10 SENATOR PATERSON: Okay. Thank 11 you very much, Senator. 12 ACTING PRESIDENT KUHL: Senator 13 Paterson. 14 SENATOR HANNON: And there is, by 15 the way, in the bill a requirement that the 16 total targets be in the order of 53.1 million. 17 SENATOR PATERSON: Very good. 18 Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: If Senator 22 Holland would yield to one last question. 23 ACTING PRESIDENT KUHL: Does the 7979 1 Senator yield for one last question from Senator 2 Paterson? 3 SENATOR HOLLAND: Yes. 4 ACTING PRESIDENT KUHL: The 5 Senator yields. 6 SENATOR PATERSON: Senator, the 7 finger imaging that I -- I imagine it's not 8 here, that will be forthcoming in another piece 9 of legislation? 10 SENATOR HOLLAND: Yes, sir. I'm 11 told it will be in S.1840. 12 SENATOR PATERSON: Okay. 13 Thank you very much and thank 14 you, Mr. President. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read -- Senator Montgomery. 17 SENATOR MONTGOMERY: Yes. Thank 18 you, Mr. President. 19 I would just like to ask the - 20 Senator Holland, I think, a couple of questions 21 on the welfare reform. 22 ACTING PRESIDENT KUHL: Senator 23 Holland, do you yield to Senator Montgomery? 7980 1 The Senator yields. 2 SENATOR MONTGOMERY: Senator 3 Holland, I didn't see in the bill and maybe I 4 just can't find it, the -- a section that - 5 where day care is necessary in order before a 6 locality is allowed to force a parent in the 7 AFDC program off of benefits. What provisions 8 did we make for ensuring that there is 9 appropriate day care services in order to - 10 SENATOR HOLLAND: No changes. 11 SENATOR MONTGOMERY: No changes 12 in the current law, so we're still under the 13 federal guidelines? 14 SENATOR HOLLAND: Yes. 15 SENATOR MONTGOMERY: And in 16 anticipation of any changes, for instance, block 17 granting, what does that mean for the state in 18 that - 19 SENATOR HOLLAND: When the block 20 grant comes down, it's my understanding that we 21 will have to refigure the entire thing. It will 22 be on the state's shoulders at that point, but 23 we don't know what that's going to be at this 7981 1 point, Senator. 2 SENATOR MONTGOMERY: Okay. Thank 3 you. 4 The other issue is transitioning, 5 and I guess you partially answered that 6 question, that that's the same question -- Mr. 7 President, if Senator Holland would continue to 8 yield. 9 ACTING PRESIDENT KUHL: Senator 10 Holland, do you continue to yield? The Senator 11 continues to yield. 12 SENATOR MONTGOMERY: The medical 13 benefits transitioning eligibility for Medicaid 14 benefits - 15 SENATOR HOLLAND: No changes. 16 SENATOR MONTGOMERY: No changes 17 vis-a-vis this legislation? 18 SENATOR HOLLAND: M-m h-m-m. 19 SENATOR MONTGOMERY: Thank you, 20 Senator. 21 Mr. President, I just want to 22 speak briefly on the bill. I think - 23 ACTING PRESIDENT KUHL: Senator 7982 1 Montgomery on the bill. 2 SENATOR MONTGOMERY: I think that 3 this -- the legislation, particularly around the 4 welfare reform piece, certainly tries to deal 5 with fraud and I certainly agree with that, and 6 also tries to strengthen our loss as it relates 7 to child support payments, and I certainly think 8 that's one of the major issues for us, and one 9 of the small pieces that I find in the 10 legislation which I particularly am pleased 11 about is that you will be -- you're instructing 12 the agency to review the training programs in 13 our state that ostensibly train welfare 14 recipients and, Mr. President, one, we've held 15 hearings on this issue, in particular, and one 16 of the things that we find with training 17 programs is that many of them say that they're 18 training welfare recipients and, in fact, 19 they're training people for either dead end jobs 20 or they don't train them to prepare them in any 21 way for any job or they trained them for jobs 22 for which there is no need because there's a 23 saturation in the -- in the market, and one of 7983 1 those areas, in particular, which is in the 2 legislation and I am -- it's very unfortunate 3 that we continue to maintain this -- in this 4 legislation is that we are still accepting 5 training by trade schools, registered business 6 schools, et cetera, and this body should know 7 that those are the areas where we have seen the 8 most fraudulent kind of activity vis-a-vis 9 training of welfare recipients in the state, and 10 I certainly hope that as the legislation directs 11 review of training, that this is looked at very, 12 very carefully. 13 We should not continue to fund 14 any program that does not, in fact -- cannot 15 prove that it trains people and that people can 16 go out and get jobs that are above minimum wage 17 and that they can stay on those jobs for any 18 length of time. Otherwise, we should not be 19 funding it and it should not be part of what we 20 consider to be welfare reform. 21 Mr. President, this is, I think, 22 a moment for us to really think and be very 23 thoughtful about what we do because we're 7984 1 talking about changing the lives, hopefully, of 2 many thousands of people and changing the life 3 in a way that a person can go from dependence to 4 self-sufficiency, and I think it requires a lot 5 more thought and a lot longer deliberation. 6 I am very sorry that we have not 7 had that opportunity but, as Senator Holland has 8 indicated, there still will be another opportun 9 ity, and I certainly hope that we will continue 10 to move along the lines of strengthening what we 11 do to support people becoming independent 12 because we have not done that in the past and I 13 see this as sort of the first step. 14 Thank you, Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Waldon. 17 SENATOR WALDON: Yes, Mr. 18 President. 19 Something Senator Montgomery said 20 triggered a thought and if Senator Holland, the 21 distinguished chairman, would allow me to ask 22 him a - 23 ACTING PRESIDENT KUHL: Senator 7985 1 Holland, do you yield to a question from Senator 2 Waldon? 3 SENATOR HOLLAND: From Orange 4 County. 5 ACTING PRESIDENT KUHL: The 6 Senator from Orange County yields. 7 SENATOR WALDON: Senator from 8 Orange and Rockland. I didn't mention your 9 counties, sir. I have them written right here 10 in front of me. Senator Joseph Holland, 11 distinguished Senator, Orange and Rockland 12 County. 13 Senator, in this bill, there's a 14 welfare fraud section and it has gradations of 15 penalties. Would you please tell us from top to 16 bottom what each penalty is and on it -- and 17 including your explanation, please, the minimum 18 and maximum at each level and that's my 19 question, Mr. President. 20 I thank you. 21 SENATOR HOLLAND: In the home 22 relief area, first time you break the law, it's 23 six months and $1,000; second time is 12 months 7986 1 and the monetary values are $1,000 to 3900. In 2 other words, if you broke the law the first time 3 but you had stolen 1,000 to $3900, you would go 4 to the second sanction. Third sanction, 18 5 months, over $3900. So, in other words, if you 6 did the first time but you took over 3900, you 7 would go to the third sanction. Fourth sanction 8 is five years. 9 In food stamps, zero to $1,000, A 10 misdemeanor. 1,000 to $3,000 is an E felony. 11 3,000 to 50,000 is a D felony. Over 50,000 is a 12 C felony; and the criminal and Penal Law for 13 welfare fraud, A misdemeanor, zero to $1,000, 14 $1,000 to $3,000, an E felony, a D felony, 3,000 15 to 50,000 and a C felony, 50,000 to one million 16 and a B felony, over a million. Okay? 17 ACTING PRESIDENT KUHL: Any other 18 Senator wishing to speak on the bill? 19 (There was no response.) 20 Hearing none, the Secretary will 21 read the last section. 22 THE SECRETARY: Section 246. 23 This act shall take effect immediately. 7987 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT KUHL: Senator 5 Waldon to explain his vote. 6 SENATOR WALDON: Thank you very 7 much, Mr. President. 8 I find some good things in this 9 proposed legislation, and I'm going to support 10 it because I believe it is headed in the right 11 direction. Didn't go far enough, but it's 12 headed in the right direction. 13 I agree with the learned Senator 14 from Kings County, Senator Montgomery, and her 15 request that we be about creating real jobs, 16 real training with the possibility of someone 17 having a direction after the training process 18 occurs, but I like the fact that people who 19 create problems at home by having children that 20 will now be sanctioned in terms of they'll have 21 to 'fess up and we can suspend their licenses 22 and other sanctions in that regard. 23 I'm not too happy about the 7988 1 Learnfare component. I think it's overly 2 punitive even regarding the fact that there has 3 to be a hearing and a conference and the school 4 is involved, and all of that, but I think it's 5 targeted towards the wrong population, our grade 6 school children, but overall there are some 7 concepts here which are revolutionary for me to 8 support, because I fought tooth and nail, 9 Workfare, Learnfare, because they had been 10 lacking in the past, but I believe that this 11 time there's a little light at the end of the 12 tunnel and we may be moving in the direction. 13 So I'm going to vote yes for this 14 this time because I believe there's some hope 15 that it's going in the right direction, but this 16 yes vote this time does not mean that I'm on 17 board forever and ever. It just means that I'm 18 hoping that Senator Holland in his wisdom next 19 year will come about with something that's even 20 better, that will allow people to have more 21 dignity, will ensure jobs, which will be less 22 punitive and less repressive. 23 And I thank you, Mr. President, 7989 1 for that time. 2 ACTING PRESIDENT KUHL: Senator 3 Waldon will be recorded in the affirmative. 4 Senator Espada to explain his 5 vote. 6 SENATOR ESPADA: Thank you, Mr. 7 President. 8 I think it is foolish and costly 9 to surrender the political terrain, Mr. 10 President, to artful demagoguery. Workfare, 11 Learnfare, things of that sort do not work, will 12 not work. Poor people in this society in this 13 state are not a protected class. You have to 14 look to the rich. You have to look to those 15 bankers that stole billions of dollars in the 16 '80s under Reaganomics, and the same kind of 17 economic policies that we're fostering and 18 implementing via legislation here today. 19 We would have to steal night and 20 day for the next century to match the kind of 21 thievery that took place then. No task forces, 22 no special press releases to cover that. 23 Instead, we get what we call this artful 7990 1 demagoguery of Workfare and Learnfare. 2 Learnfare will cost $800,000 this 3 year. I can think of 800 scholarships. I can 4 think of lots of kindergarten classes that could 5 be made habitable with that kind of money. 6 What it also encourages, Mr. 7 President, is it opens a window for the mayor of 8 city of New York to come up to Albany to ask for 9 the first time in God knows how many decades, to 10 ask for cuts in education. So we want them to 11 learn and we want Learnfare, but we ask for cuts 12 in New York City. We don't get 37 percent of 13 the money, we get 35 percent of the money. How 14 many more penalties can we exact from our poor 15 people and our poor children in our classrooms? 16 Is the fact that we restored lots 17 of the things, that the draconian cuts that were 18 contemplated when the Governor first released 19 his budget, excuse enough to support this - 20 this budget? I say no. Less pay, no gain 21 should not be rewarded. 22 I must go down in the negative on 23 this inasmuch as it doesn't achieve anything to 7991 1 put people back to work. 2 With respect, very quickly, to 3 health care, I have great respect for the effort 4 that the new chairman has put into this, but I 5 just want to remain sensitive to the economic 6 dislocation that is going to take place if we 7 move too quickly with the down-sizing of the 8 health care industry in this state. 9 Thank you so much. 10 ACTING PRESIDENT KUHL: Senator 11 Espada will be recorded in the negative. 12 Announce the results. 13 SENATOR DOLLINGER: Mr. 14 President, to explain my vote. 15 ACTING PRESIDENT KUHL: Senator 16 Dollinger to explain his vote. 17 SENATOR DOLLINGER: Mr. 18 President, I guess I agree with Senator Waldon. 19 There are many things in this bill that are 20 moving in the right direction. In some ways 21 it's like getting on a train. You have a 22 charted path and a charted number of stops that 23 you're going to be on in the train. The problem 7992 1 I have is -- I'm prepared to vote in favor of 2 this bill, Mr. President, but I still have 3 concerns about where the train is going, where 4 it's going to stop and whether the train is 5 going to get off the track. 6 There are a whole bunch of good 7 things in the bill. It's got some changes in 8 the welfare system that I think drive us 9 hopefully toward more jobs. I agree with 10 Senator Montgomery, they should be more jobs and 11 I think that trend is probably a good trend and 12 we should be a part of it in New York State. 13 The child support enforcement 14 pieces are critical pieces as we look through 15 the problem of dead-beat dads, but there's some 16 other problems with this and one is in the 17 health care area, the retreat from primary 18 care. We're backing away from primary care. 19 Some of the commitments we made in NYPHRM last 20 time to primary care we're walking away from - 21 perhaps walking away is too hard. We're pulling 22 back to some extent. 23 On the Medicaid takeover, 7993 1 something that the county executives and the 2 local property taxpayers in this state have been 3 pushing for a decade, we're now saying we're 4 going to rescind the takeover and put $39 5 million back into the budget. I think we owe it 6 to the people of this state who pay property 7 taxes to look again at the issue of the take 8 over of the long-term care. 9 I'm concerned about the nursing 10 home assessment, the 2.5 percent that's going to 11 be placed on nursing homes. What do I think 12 that will do since it is not combined with an 13 increase in Medicaid reimbursement rates; what 14 that will do is be a big hit to private pay 15 patients in nursing homes and will drive them 16 faster into Medicaid because they're going to 17 have to pay more for private pay patients. 18 Despite those concerns, I think 19 we've got to keep our eye on the ball and 20 continue to monitor the problems that those 21 types of changes could accrue for this state. 22 I'm still going to vote in favor, 23 Mr. President. I think that this is a victory 7994 1 for our Assembly colleagues who went to bat to 2 get things like adult day care restored, 3 long-term home health care restored and from 4 that point of view, disaster from my perspective 5 has been averted, but I still think there may be 6 red lights on the little train track as we ride 7 down this road to welfare reform, and we in this 8 Legislature should be prepared to pay heed to 9 them. 10 ACTING PRESIDENT KUHL: Senator 11 Dollinger will be recorded in the affirmative. 12 Senator Oppenheimer to explain 13 her vote. 14 SENATOR OPPENHEIMER: I also am 15 going to be voting for this, and like everyone 16 else, I think we're moving in the right 17 direction. I just want to admonish one warning 18 that, if we do not vastly increase the quantity 19 of child care in this state, we will never be 20 able to really move ahead on the -- on the 21 reforms that we want in welfare, and we should 22 remind everyone that we're talking about 23 quality, affordable day care that's in easy 7995 1 distance of where the families are either living 2 or working. 3 The one thing that concerns me 4 the most in voting for this is the cutbacks in 5 the hospital funding which, though it is half of 6 what the Governor's budget originally had called 7 for in cutbacks, there's still a very hefty 8 amount of money, $143 million, and the cutbacks 9 -- that's in hospitals, and the cutbacks in 10 nursing homes is also halved from what the 11 Governor's budget originally had down. 12 It is very concerning to me, 13 coming from the Hudson Valley Region where we 14 have enormous problems. Many of our hospitals 15 are in the red, and this is a single bill and, 16 like all bills that are omnibus that have a lot 17 of pieces to them, you support some of the 18 pieces and some of the pieces you're very, very 19 leery of, but I will be supporting it and I hope 20 it will not prove to be too terribly damaging to 21 my Hudson Valley nursing homes and hospitals. 22 ACTING PRESIDENT KUHL: Senator 23 Oppenheimer will be recorded in the affirmative. 7996 1 Senator DeFrancisco to explain 2 his vote. 3 SENATOR DeFRANCISCO: I'm going 4 to vote yes, and the reasons why, I think, have 5 been said by a lot of people, but I just want to 6 look at it from a different perspective. 7 I think everyone in this chamber 8 wants to provide what government is supposed to 9 provide for people, and that is opportunity, and 10 the opportunity for those good jobs that Senator 11 Montgomery talked about occurs when you have a 12 system that promotes economic growth and vital 13 ity, a system that also provides for individuals 14 who have an opportunity to get off a system that 15 has a tendency to keep them on. At least that's 16 what's been shown over the past several years. 17 This particular budget provides 18 incentives for people to work and also to keep 19 more of any kind of public assistance that they 20 might have to wean off of the system, to provide 21 that opportunity and to provide that hope. 22 Of course, there's cuts in 23 hospitals; I have several in my district. Of 7997 1 course, there's cuts in various other areas of 2 Medicaid but, on the other hand, when the state 3 of New York spends more than the next two states 4 combined, California and Texas, something is 5 basically wrong with that system, and we have to 6 start getting that cost under control. 7 Of course, there's going to be 8 hurt in some areas, but the general goal, I 9 think, is shared by all of us, namely to make 10 sure there's a system that creates those good 11 jobs for people so that they have those 12 opportunities that all of us have had in the 13 past and hopefully our children will have in the 14 future. 15 I think this is a small start in 16 that direction. We've turned the corner and I 17 hope we start moving that train in that same 18 direction, and I think it's this house -- unlike 19 what Senator Dollinger mentioned, it's this 20 house that made that train turn around and go in 21 the direction that we want it to go to. 22 So I vote in the affirmative. 23 ACTING PRESIDENT KUHL: Senator 7998 1 DeFrancisco in the affirmative. 2 Senator Hannon. 3 SENATOR HANNON: Yes, Mr. 4 President. 5 Responding to the point somebody 6 made, some opinions brought up, but one thing is 7 -- I just want to make clear that it was this 8 house with the Governor that restored the long 9 term home health care, adult day care. Not only 10 did we restore it, we did it in the bill that 11 passed months ago here in Senate 4000, because 12 we had -- when we had examined it, we found out 13 it made conceptual sense to do so. 14 I just wanted to straighten that 15 out in the record. 16 ACTING PRESIDENT KUHL: Senator 17 Hannon in the affirmative. Announce the 18 results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar 1144 are Senators 21 Espada, Gonzalez, Leichter, Montgomery and 22 Smith. Ayes 53, nays 5. 23 ACTING PRESIDENT KUHL: The bill 7999 1 is passed. 2 The Chair recognizes Senator 3 Hannon. 4 SENATOR HANNON: Yes, Mr. 5 President. Could we go to Calendar Number 330? 6 ACTING PRESIDENT KUHL: That, we 7 can. There's a substitution at the desk, 8 Senator Hannon, if I might take that first for 9 that bill. 10 The Secretary will read the 11 substitution. 12 THE SECRETARY: On page 8, 13 Senator Stafford moves to discharge from the 14 Committee on Finance, Assembly Bill Number 15 3054-B and substitute it for the identical 16 Calendar Number 330. 17 ACTING PRESIDENT KUHL: Without 18 objection, the substitution is ordered. 19 The Secretary will read the title 20 to Calendar Number 330. 21 THE SECRETARY: Calendar Number 22 330, Budget Bill, Assembly Print 3054-C, an act 23 making appropriation for the support of 8000 1 government and to amend Chapter 52 of the Laws 2 of 1995, enacting the State Debt Service Budget 3 for the support of government. 4 SENATOR PATERSON: Explanation, 5 please. 6 ACTING PRESIDENT KUHL: An 7 explanation has been asked for. 8 Senator Hannon, who would you 9 like to have take that, Senator Stafford? 10 SENATOR HANNON: Senator 11 Stafford. 12 ACTING PRESIDENT KUHL: Senator 13 Stafford, an explanation of Calendar Number 330 14 has been asked for by the Acting Minority 15 Leader, Senator Paterson. 16 SENATOR STAFFORD: Thank you, Mr. 17 President. 18 As we move along here, we have 19 the - 20 ACTING PRESIDENT KUHL: Excuse 21 me, Senator Stafford. It's a little noisy in 22 here. Can we get the attention of the members, 23 please? Shut the doors. Sergeant-at-arms, shut 8001 1 the doors. Staff, please take their places. If 2 you have to have a conversation, take it out of 3 the chamber. I think we have their attention 4 now, Senator Stafford. 5 SENATOR STAFFORD: Thank you. 6 ACTING PRESIDENT KUHL: You can 7 continue. 8 SENATOR STAFFORD: Thank you, Mr. 9 President. 10 Starting really in alphabetical 11 order, but if we're going to review what was 12 done with the Correctional Services, the state 13 is purchasing for $120 million, the facilities 14 at Riverview and Cape Vincent from the City, and 15 this will, of course, be of assistance to the 16 City. At the present time, the state is running 17 those facilities and there's state correctional 18 officials and correction officers and civilian 19 employees there, but they're all state employees 20 now, and there is authorization through some 21 bonding for future facilities that have been 22 suggested, but there are -- there's no 23 appropriation or authoriz... there is no bonds 8002 1 being proposed. 2 As far as CUNY goes, the City 3 University of New York, there is an appropri 4 ation for new facilities for LaGuardia Community 5 College, 14.4 million and 42.7 million for 6 health and safety infrastructure preservation 7 and A.D.A. compliance. 8 In the Education Department, we 9 have a new appropriation authority for a 10 cultural education center, improvements, 11 emergency lighting and repairs at the state 12 schools for the blind and the deaf, and we have 13 a reappropriation for 62 million for other 14 facilities in the Education Department. 15 Transportation -- I'm sure some 16 of you probably have reviewed the materials - 17 there are appropriations for some specific 18 facilities. 19 Then we move on. In the Capital 20 Projects, we provide 42.5 million for the 21 environmental protection fund which, I think, is 22 an increase of ten million from what the 23 Governor had proposed, and I think that is very 8003 1 good work. 2 I have always said -- and I can't 3 think how many years we did that. Was it four 4 years ago; four years ago when we passed that 5 fund. That was one time when we saw everybody 6 come together. We saw people on one side. We 7 saw people on the other side and everyone 8 agreed, and we saw people calling each other, 9 congratulating each other, and I hope we can see 10 some more of that, and we're providing funding 11 for that. 12 Now, you -- we could go down the 13 allocation for what the funding will be for, but 14 you all will see that, but I will be glad to 15 provide that list for anyone who would like it. 16 I don't want to -- we'll handle it. We'll do 17 it. We reappropriated -- right -- funding for 18 various facilities and various communities, and 19 this will provide a real boost in these 20 communities for spectator recreation, and a 21 great deal of work has gone into this and, of 22 course, I'm speaking about the stadia that have 23 been discussed a number of times. 8004 1 I could go through that list, but 2 I think those who are concerned with it know the 3 list better than I. 4 Again, there were -- there were 5 -- there were other proposals made, but we - 6 as in all parts of the budget, and I heard my 7 colleague speaking just before I came in the 8 room concerning the issue that he was going to 9 do, that we aren't able to do all we would like 10 to do, but I would point out there's a 11 restoration of $62 million for the maintenance 12 of facilities in primary and secondary 13 education, and that really results in a real - 14 well, it's just tremendous support for the New 15 York City schools. 16 We will be very pleased to answer 17 any questions or -- it doesn't appear that this 18 had too high a profile as I look around, but 19 we'll -- we'll sit down. Last section. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8005 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT KUHL: Announce 5 the results when tabulated. 6 SENATOR MARKOWITZ: Mr. 7 President, to explain my vote. 8 ACTING PRESIDENT KUHL: Senator 9 Markowitz to explain his vote. 10 SENATOR MARKOWITZ: Thank you 11 very, very much. 12 Every so briefly, I would have a 13 great difficult time in supporting this, Senator 14 Hannon. There are several glaring reasons, but 15 one of them, under CUNY, I notice they have a 16 number of capital reappropriations, but what I 17 don't see is a master plan put forward by the 18 heart of the City University of New York, 19 Brooklyn College, that has visited many of the 20 legislators in this chamber, urging us to assist 21 them in the rehabilitation of a campus that is 22 aging, not so gracefully each and every year, 23 that is woefully in need of capital monies for 8006 1 some of the buildings at Brooklyn College, and 2 I'm sure that Senator LaValle knows that some of 3 the concerns and difficulties that Brooklyn 4 College has expressed and their desire to begin 5 the rehabilitation of the campus with the master 6 plan that they put forward. So that would be 7 one concern that I would have on this issue. 8 Another concern is that I noticed 9 that we're going to move ahead on stadiums in 10 this state and, you know, that's well and good 11 for the communities impacted, but the one that's 12 missing, the county that is the largest county 13 in state, 2.4 million people -- 2.4 million - 14 and I noticed that Brooklyn, New York, is not 15 listed among the proposed sites of stadiums in 16 this bill. 17 And so, how can I as a Brooklyn 18 representative in a community of 2.4 million 19 people -- the largest stadium indoors or 20 outdoors in Brooklyn is 2,400 seats. Could you 21 imagine? Albany, New York -- Albany, New York, 22 with their Knickerbocker hall -- Knickerbocker 23 Arena here for 7- -- 16,000 seats in Albany 8007 1 County, but Brooklyn, New York with 2.4 million 2 people, we have zip. 3 I wish I was around before they 4 ripped down Ebbets Field. We never would have 5 let them take that stadium out of Brooklyn, but 6 we can't bring back Ebbets Field, but we sure 7 can put into this bill and it should have been 8 between our new governor and legislative 9 leaders, we should have put in a stadium for 10 Brooklyn. It's high time and I can't possibly 11 allow or accept the fact that Brooklyn is 12 missing from this list in regards to a stadium 13 that we need. 14 I vote no on this bill. 15 ACTING PRESIDENT KUHL: Senator 16 Markowitz will be recorded in the negative. 17 Announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 330 are Senators 20 Abate, Espada, Kruger, Leichter, Markowitz, 21 Montgomery, Smith and Waldon. Ayes -- also, 22 Senator Stavisky. Ayes 49, nays 9. 23 ACTING PRESIDENT KUHL: The bill 8008 1 is passed. 2 The Chair recognizes Senator 3 Hannon for an announcement. 4 SENATOR HANNON: Yes. Mr. 5 President, there will be an immediate meeting of 6 the Finance Committee in Room 332 and that will 7 be followed immediately by a meeting of the 8 Rules Committee in the same room. 9 ACTING PRESIDENT KUHL: There 10 will be an immediate meeting the Senate Finance 11 Committee in Room 332, the Majority Conference 12 Room. Immediate meeting of the Senate Finance 13 Committee, Majority Conference Room, Room 332. 14 That meeting will be followed by an immediate 15 meeting of the Rules Committee. Immediate 16 meeting of the Rules Committee to follow the 17 Senate Finance Committee, which is being held 18 right now. 19 Senator Hannon. 20 SENATOR HANNON: Mr. President, 21 would it be possible to go to Supplemental 22 Calendar Number 1 and do the non-controversial 23 on that calendar? 8009 1 SENATOR LEICHTER: Mr. President. 2 ACTING PRESIDENT KUHL: Senator 3 Leichter, why do you rise? 4 SENATOR LEICHTER: Mr. President, 5 we've had this problem before where committee 6 meetings are called off the floor while bills 7 are being moved in the Senate. I think last 8 week we convinced Senator Skelos that we ought 9 to be at ease. There are many members who are 10 now leaving to go to the Finance Committee. I'm 11 going to leave to go to the Finance Committee. 12 I'd like to be on the floor while these bills 13 are being considered, so I would ask you that we 14 stand at ease until the Finance Committee 15 concludes its work. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter, if you remember, the Acting Majority 18 -- I should say the Majority Leader last week 19 acknowledged the request to Senator Paterson. 20 You may remember -- we might have just a moment 21 of order. There seems to be a discussion here 22 about process. 23 You may remember that the 8010 1 Majority Leader consented to leave the roll 2 calls open so that you could cast a vote. The 3 Acting Majority Leader has simply asked for a 4 calling of the non-controversial calendar. If 5 you have some bill that you would like debated, 6 I suggest that you indicate that to the Acting 7 Minority Leader, Senator Paterson, and he will 8 lay the bill aside and we will wait for you to 9 debate the bill on your return from the Senate 10 Finance Committee. 11 That procedure was followed last 12 week. It seemed to work to the accommodation of 13 the members. It's my indication coming from the 14 Majority Leader that that's the procedure that 15 they would like to follow right now. 16 So if you have some bill that you 17 would like the Acting Minority Leader to lay 18 aside on the supplemental calendar, that's going 19 to be Supplemental Calendar Number 1, I suggest 20 that you relay that information to Senator 21 Paterson and I'm sure that he will represent 22 your objections wholeheartedly and with great 23 vigor. 8011 1 SENATOR LEICHTER: May I make an 2 added suggestion to make this more manageable, 3 and that is that all bills be retained at the 4 desk until the -- so that if members want an 5 opportunity to debate a bill, they may not have 6 had a chance to tell a champion, such as Senator 7 Paterson, to hold the bill. Would you hold the 8 bills at least at the desk, please? 9 ACTING PRESIDENT KUHL: I don't 10 have the authority to do that, Senator 11 Leichter. That would be up to the Majority 12 Leader. 13 SENATOR HANNON: Mr. President, 14 let me point out that all we're trying to do 15 right now is non-controversial bills and, you 16 know, you already made the offer to hold the 17 bill aside, not take it up, not debate it until 18 you return, if you just simply indicate anything 19 you may have an interest in. Holding it at the 20 desk in terms of a day like this when we're 21 having a multitude of bills and trying to 22 coordinate with another house, just sometimes 23 becomes a very difficult thing to promise. 8012 1 There's no contemplation of anything otherwise, 2 but it's a very difficult thing to make a 3 commitment to -- as a day like this goes along. 4 SENATOR LEICHTER: Mr. President, 5 if I understand Senator Hannon, why is it 6 difficult to hold bills? You have a limited 7 number of bills. It isn't as if the Governor is 8 waiting to sign the bills or the Assembly to 9 pass them. It's a simple enough matter, 10 courtesy, and we've done that in the past. Are 11 you willing to do that, Senator Hannon? 12 SENATOR HANNON: We're willing to 13 hold any bill you like, Senator, for debate. We 14 won't take anything up. Just let us know. 15 SENATOR LEICHTER: Will you hold 16 the bills at the desk? 17 SENATOR HANNON: I -- in this 18 calendar, there's nothing that's involved that 19 would be a problem. 20 SENATOR LEICHTER: Fine. Why 21 don't you just call the non-controversial. 22 ACTING PRESIDENT KUHL: The 23 Secretary will call the non-controversial 8013 1 calendar to Supplemental Number 1. 2 Senator Paterson, why do you 3 rise? 4 SENATOR PATERSON: Why do I rise, 5 Mr. President? 6 ACTING PRESIDENT KUHL: Pardon 7 me, Senator Paterson? I didn't hear you. 8 SENATOR PATERSON: We understand 9 the -- we understand the predicament that we're 10 all in trying to pass the budget and having a 11 number of bills before us. I would just like to 12 point out in support of Senator Leichter that 13 when the regular non-controversial calendar is 14 on the floor, it's a lot easier because we've 15 seen an active list prior to that. 16 However, the problem that Senator 17 Leichter and many of us are encountering right 18 now is that we've only seen the supplemental 19 calendar for a brief period of time, so it's 20 very difficult for us to determine which of the 21 non-controversial bills we would like to take up 22 or perhaps vote against, and I think that's the 23 reason that Senator Leichter has raised this 8014 1 quite good point, I think. 2 SENATOR HANNON: Mr. President - 3 Mr. President, we'll hold those bills at the 4 desk until the conclusion of the committee 5 meeting. As soon as that committee meeting is 6 concluded -- and I realize sometimes that 7 communication gets a little difficult, but for 8 today, we'll hold them at the desk and then when 9 the committee meeting is concluded, we'll take 10 them up. 11 ACTING PRESIDENT KUHL: At your 12 request, Senator Hannon, we will do that. The 13 Secretary will call the non-controversial 14 calendar for Supplemental Calendar Number 1. 15 THE SECRETARY: Calendar Number 16 1117, by Senator Skelos, Senate Print 523-A, an 17 act to amend the Executive Law, the Tax Law and 18 the State Finance Law, in relation to missing 19 children. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the first day of 8015 1 November. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 58. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1118, by Senator Cook, Senate Print 1015, an act 10 to amend the Highway Law, in relation to bridges 11 in the county of Delaware. 12 ACTING PRESIDENT KUHL: There's a 13 home rule message at the desk. The Secretary 14 will read the last section. 15 SENATOR PATERSON: Please lay the 16 bill aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside at the request of the Acting Minority 19 Leader, Senator Paterson. 20 THE SECRETARY: Calendar Number 21 1120, by Senator Johnson, Senate Print 2187, an 22 act to amend the Vehicle and Traffic Law, in 23 relation to strengthening the standards 8016 1 regulating excessive noise. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 30th day. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 58. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1121, by Senator Cook, Senate Print 2350-A, an 14 act to amend the Executive Law, in relation to 15 reports by registered charitable organizations. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect in 90 days. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 58. 8017 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1123, by Senator Hoblock, Senate Print 3110, an 5 act to amend the Labor Law, in relation to the 6 amount of unemployment benefits payable to a 7 recipient of Workers' Compensation benefits. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first Monday of the 12 month. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT KUHL: Announce 17 the results when tabulated. 18 THE SECRETARY: Ayes 57, nays 1, 19 Senator Kuhl recorded in the negative. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1124, by Senator Santiago, Senate Print 3625, an 8018 1 act authorizing the city of New York to reconvey 2 its interest in certain real property acquired 3 by in rem tax foreclosure in the borough of 4 Brooklyn. 5 ACTING PRESIDENT KUHL: There's a 6 home rule message at the desk. The Secretary 7 will read the last section. 8 THE SECRETARY: Section 5. 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 58. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1125, by Senator Trunzo, Senate Print 3662, an 18 act to amend the Retirement and Social Security 19 Law, in relation to individuals who make 20 application for ordinary and accidental 21 disability retirement benefits. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 8019 1 THE SECRETARY: Section 3. 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 58. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1126, by Senator Kuhl, Senate Print 3830-A, an 11 act to amend the Public Officers Law and the 12 Town Law, in relation to eliminating the 13 residency requirement for eligibility for 14 holding the office of town justice in the town 15 of West Union. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 SENATOR PATERSON: May we lay 19 that aside, Mr. President? 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 1129, Senator Trunzo moves to discharge from the 8020 1 Committee on Rules, Assembly Bill Number 7333-A 2 and substitute it for the identical Calendar 3 Number 1129. 4 ACTING PRESIDENT KUHL: The 5 substitution is ordered. The Secretary will 6 call Calendar Number 1129. 7 THE SECRETARY: Calendar Number 8 1129, by the Assembly Committee on Rules, 9 Assembly Print 7333-A, an act to amend the 10 Retirement and Social Security Law, in relation 11 to the establishment of retirement programs. 12 ACTING PRESIDENT KUHL: There's a 13 home rule message at the desk. The Secretary 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 ACTING PRESIDENT KUHL: Announce 21 the results when tabulated. 22 THE SECRETARY: Ayes 57, nays 1, 23 Senator Kuhl recorded in the negative. 8021 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1130, by Senator Trunzo, Senate Print 4130, an 5 act to amend the Education Law, in relation to 6 benefits to be provided in the event certain 7 members of the New York State Teachers 8 Retirement System die before their applications 9 for retirement would ordinarily have become 10 effective. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 58. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1131, by Senator Maziarz, Senate Print 4435, an 23 act to amend the Retirement and Social 8022 1 Security - 2 SENATOR MAZIARZ: Lay that bill 3 aside for the day, please. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside for the day at the request of the 6 sponsor. 7 THE SECRETARY: Calendar Number 8 1135, Senator Hoblock moves to discharge from 9 the Committee on Labor, Assembly Bill Number 10 4823 and substitute it for the identical 11 Calendar 1135. 12 ACTING PRESIDENT KUHL: The 13 substitution is ordered. The Secretary will 14 read the title. 15 THE SECRETARY: Calendar 1135, by 16 Member of the Assembly Feldman, Assembly Print 17 4823, an act to amend the Labor Law, in relation 18 to developing a policy and a report on the issue 19 of employees forced to leave employment due to 20 domestic violence. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. This 8023 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 58. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1137, by Senator Holland, Senate Print 4634-A, 10 an act to amend the Agriculture and Markets Law, 11 the State Finance Law and Chapter 115 of the 12 Laws of 1894, relating to the better protection 13 of lost and strayed animals. 14 SENATOR HOLLAND: Lay the bill 15 aside temporarily. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside temporarily. 18 THE SECRETARY: Calendar Number 19 1138, by Senator Trunzo, Senate Print 4849, an 20 act to amend the Retirement and Social Security 21 Law, in relation to retirement allowance options 22 provided by the New York State Teachers 23 Retirement System. 8024 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the 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 58. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1139, by Senator Wright, Senate Print 5044-A, an 13 act to amend the - 14 SENATOR PATERSON: Lay it aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 1140, by Senator Levy, Senate Print 5062-A, an 19 act to amend - 20 SENATOR PATERSON: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 8025 1 1141, by Senator Farley, Senate Print 5120, an 2 act to amend the Banking Law, in relation to 3 establishing limitations for the percentage of 4 savings banks' assets. 5 SENATOR HANNON: Can you lay 6 aside 1141, Mr. President? 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 1142, by Senator Farley, Senate Print 5205, an 11 act to authorize certain participating employers 12 to elect -- to provide the retirement incentive 13 provided for in Chapter 12 of the Laws of 1995. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 SENATOR LEICHTER: Lay it aside. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1143, by Senator Sears, Senate Print 5250, an 23 act to legalize, validate, ratify and confirm 8026 1 the acts and proceedings of the board of 2 trustees of the village of Vernon, Oneida 3 County. 4 SENATOR PATERSON: Lay it aside, 5 please. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 Senator Hannon, that completes 9 the non-controversial. We do have a lot of 10 housekeeping at the desk, if you would like to 11 clean the calendar up. 12 SENATOR HANNON: That would be a 13 fine idea to proceed and try to do that. 14 ACTING PRESIDENT KUHL: The Chair 15 recognizes Senator Holland. 16 SENATOR HOLLAND: Mr. President, 17 on page 42, I offer the following amendments to 18 Calendar Number 441, Senate Print Number 3623, 19 and ask that the said bill retain its place on 20 the Third Reading Calendar for Senator Saland. 21 ACTING PRESIDENT KUHL: The 22 amendments to Calendar Number 441 are received 23 and adopted. The bill will retain its place on 8027 1 the third reading starred calendar. 2 Senator Holland. 3 SENATOR HOLLAND: For Senator 4 Johnson, I wish to call up his bill number 571 5 having passed both houses and not delivered to 6 the Governor. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the title. 9 THE SECRETARY: Calendar Number 10 94, by Senator Johnson, Senate Print 571, an act 11 to amend the Tax Law, in relation to procedures 12 for written communications. 13 ACTING PRESIDENT KUHL: Senator 14 Holland. 15 SENATOR HOLLAND: Mr. President, 16 I now move to reconsider the vote by which this 17 bill was passed and ask that the said bill be 18 restored to the order of third reading. 19 ACTING PRESIDENT KUHL: The 20 motion is reconsider the vote by which the bill 21 passed the house. The Secretary will call the 22 roll on reconsideration. 23 (The Secretary called the roll on 8028 1 reconsideration.) 2 THE SECRETARY: Ayes 58. 3 ACTING PRESIDENT KUHL: Senator 4 Holland. 5 SENATOR HOLLAND: Mr. President, 6 I now offer up the following amendments. 7 ACTING PRESIDENT KUHL: The 8 amendments are received and adopted. 9 Senator Holland. 10 SENATOR HOLLAND: Mr. President, 11 on page number 4, I offer the following 12 amendments to Calendar Number 110, Senate Print 13 Number 2135 and ask that the said bill retain 14 its place on the Third Reading Calendar for 15 Senator Lack. 16 ACTING PRESIDENT KUHL: The 17 amendments to Calendar Number 110 are received 18 and adopted. The bill will retain its place on 19 the Third Reading Calendar. 20 Senator Holland. 21 SENATOR HOLLAND: For Senator 22 Goodman, on page 20, I offer the following 23 amendments to Calendar 740, Senate Print Number 8029 1 3424-A and ask that the said bill retain its 2 place on the Third Reading Calendar. 3 ACTING PRESIDENT KUHL: The 4 amendments to Calendar Number 740 are received 5 and adopted. The bill will retain its place on 6 the Third Reading Calendar. 7 Senator Hannon, we have one 8 substitution to take up, if you would like to 9 take that up at this time. 10 SENATOR HANNON: Can we move that 11 substitution? 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the substitution. 14 THE SECRETARY: On page 18, 15 Senator Tully moves to discharge from the 16 Committee on Rules, Assembly Bill Number 243 and 17 substitute it for the identical Calendar Number 18 670. 19 ACTING PRESIDENT KUHL: The 20 substitution is ordered. 21 Senator Hannon. 22 SENATOR HANNON: Mr. President, I 23 understand at the desk there are some privileged 8030 1 resolutions. I would like to return to that 2 order of business and ask that we take them up 3 at this time. 4 ACTING PRESIDENT KUHL: The 5 Senate will return to the order of motions and 6 resolutions. There's a privileged resolution by 7 Senator Smith at the desk. I'll ask the 8 Secretary to read the title. 9 THE SECRETARY: By Senator Smith, 10 Legislative Resolution commending Howard Jones 11 upon the occasion of his retirement from active 12 service in the Professional Staff Congress and 13 the City University of New York. 14 ACTING PRESIDENT KUHL: The 15 question is on the resolution. All those favor 16 signify by saying aye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 The resolution is adopted. 21 There's also a privileged 22 resolution by Senator Mendez at the desk. I'll 23 ask the Secretary to read the title. 8031 1 THE SECRETARY: By Senator 2 Mendez, Legislative Resolution commending 3 Minerva Rios upon the occasion of her 90th 4 birthday to be celebrated on Friday, June 9, 5 1995. 6 ACTING PRESIDENT KUHL: The 7 question is on the resolution. All those in 8 favor signify by saying aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The resolution is adopted. 13 The Chair recognizes Senator 14 Hannon. 15 SENATOR HANNON: Mr. President, I 16 would ask that we stand at ease for a moment 17 until -- awaiting the report from committees. 18 ACTING PRESIDENT KUHL: The 19 Senate will stand at ease for a moment. 20 (Whereupon, the Senate stood at 21 ease.) 22 ACTING PRESIDENT WRIGHT: Senator 23 Mendez, why do you rise? 8032 1 SENATOR MENDEZ: Mr. President, I 2 would like to announce that there will be an 3 immediate conference of the Democratic Minority 4 in Room 314. 5 ACTING PRESIDENT WRIGHT: Thank 6 you. 7 There will be an immediate 8 conference of the Senate Minority Conference in 9 the Minority Conference Room. 10 Senator Skelos. 11 SENATOR SKELOS: The Senate will 12 stand at ease until 3:35. 13 ACTING PRESIDENT WRIGHT: The 14 Senate will stand at ease until 3:35. 15 (Whereupon, the Senate stood at 16 ease from 3:10 p.m. until 4:10 p.m.) 17 ACTING PRESIDENT KUHL: The 18 Senate will come to order. Ask the members to 19 take their places, the staff to find their 20 places. Ask the Sergeant-at-arms to close the 21 doors. 22 The Chair recognizes Senator 23 Libous. 8033 1 SENATOR LIBOUS: Mr. President, 2 can we go to the reports of standing committees 3 to hear a Rules report, please. 4 ACTING PRESIDENT KUHL: We will 5 return to reports of standing committees. I'll 6 ask the Secretary to read the Rules report at 7 the desk. 8 THE SECRETARY: Senator Bruno, 9 from the Committee on Rules, reports the 10 following bills: 11 Senate Print 5311, by the 12 Committee on Rules, an act in relation to 13 certain provisions which impact upon the 14 expenditure of certain appropriations made by 15 Chapter 54 of the Laws of 1995 which enacts the 16 Capital Projects Budget; 17 5312, by the Committee on Rules, 18 an act in relation to certain provisions which 19 impact upon the expenditure of certain 20 appropriations made by Chapter 50 of the Laws of 21 1995 which enacts the State Operations Budget; 22 And 5319, by the Committee on 23 Rules, an act to amend the Criminal Procedure 8034 1 Law, the Family Court Act and the Public Health 2 Law, in relation to testing of certain criminal 3 defendants and juveniles for human immuno 4 deficiency virus; 5 All bills ordered directly for 6 third reading. 7 ACTING PRESIDENT KUHL: Senator 8 Libous. 9 SENATOR LIBOUS: I move that we 10 adopt the Rules Committee report. 11 ACTING PRESIDENT KUHL: The 12 motion is to adopt the Rules report. All those 13 in favor signify by saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The Rules report is adopted. 18 Senator Libous. 19 SENATOR LIBOUS: Would you call 20 up Calendar Number 1145. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the title to Calendar Number 23 1145. 8035 1 THE SECRETARY: Calendar Number 2 1145, by the Senate Committee on Rules, Senate 3 Print 5311, an act in relation to certain 4 provisions which impact upon the expenditure of 5 certain appropriations made by Chapter 54 of the 6 Laws of 1995. 7 ACTING PRESIDENT KUHL: Senator 8 Libous. 9 SENATOR LIBOUS: Mr. President, 10 is there a message of necessity at the desk? 11 ACTING PRESIDENT KUHL: I'm 12 informed by the Secretary a message of necessity 13 is at the desk, Senator Libous. 14 SENATOR LIBOUS: Can we move to 15 accept the message? 16 ACTING PRESIDENT KUHL: The 17 motion is to accept the message of necessity at 18 the desk on Calendar Number 1145. All those in 19 favor signify by saying aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The message of necessity is 8036 1 accepted. 2 The Secretary will read the last 3 section. 4 THE SECRETARY: Section 56. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 58. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Libous. 13 SENATOR LIBOUS: Mr. President, 14 would you please call up Calendar Number 1146. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the title to Calendar Number 17 1146. 18 THE SECRETARY: Calendar Number 19 1146, by the Senate Committee on Rules, Senate 20 Print 5312, an act in relation to certain 21 provisions which impact upon the expenditure of 22 certain appropriations made by Chapter 50 of the 23 Laws of 1995. 8037 1 ACTING PRESIDENT KUHL: Senator 2 Libous. 3 SENATOR LIBOUS: Mr. President, 4 is there a message of necessity at the desk? 5 ACTING PRESIDENT KUHL: I'm 6 informed by the Secretary a message of necessity 7 is at the desk, Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 can we move to accept that message? 10 ACTING PRESIDENT KUHL: The 11 motion is to accept the message of necessity on 12 Calendar Number 1146 which is at the desk. All 13 those in favor signify by saying aye. 14 (Response of "Aye".) 15 Opposed, nay. 16 (There was no response.) 17 The message is accepted. 18 The Secretary will read the last 19 section. 20 THE SECRETARY: Section 46. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 8038 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes - 3 ACTING PRESIDENT KUHL: Announce 4 the results when tabulated. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar 1146 are Senators 7 Dollinger, Leichter, Smith and Stachowski. Ayes 8 54, nays 4. Also, Senator Abate. Ayes 53, nays 9 5. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Libous. 13 SENATOR LIBOUS: Mr. President, 14 can we go to the Supplemental Calendar Number 1, 15 controversial reading, please? 16 ACTING PRESIDENT KUHL: The 17 Secretary will call the controversial calendar, 18 Supplemental Calendar Number 1, commencing with 19 Calendar Number 1118. 20 THE SECRETARY: Calendar Number 21 1118, by Senator Cook, Senate Print 1015, an act 22 to amend the Highway Law, in relation to bridges 23 in the county of Delaware. 8039 1 ACTING PRESIDENT KUHL: There's a 2 home rule message at the desk. 3 SENATOR PATERSON: Explanation. 4 ACTING PRESIDENT KUHL: An 5 explanation has been asked for. 6 Senator Libous. 7 SENATOR LIBOUS: Mr. President, 8 we're going to have to lay that bill aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside temporarily. 11 THE SECRETARY: Calendar Number 12 1126, by Senator Kuhl, Senate Print 3830-A, an 13 act to amend the Public Officers Law and the 14 Town Law, in relation to eliminating the 15 residency requirement for eligibility for 16 holding the office of town justice. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 8040 1 THE SECRETARY: Ayes 58. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1137, by Senator Holland, Senate Print 4634-A, 6 an act to amend the Agriculture and Markets Law, 7 the State Finance Law and Chapter 115 of the 8 Laws of 1894, relating to the better protection 9 of lost and strayed animals. 10 SENATOR PATERSON: Explanation. 11 SENATOR HOLLAND: Lay it aside 12 temporarily, please. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside temporarily. 15 THE SECRETARY: Calendar Number 16 1139, by Senator Wright, Senate Print 5044-A, an 17 act to amend the Public Authorities Law, in 18 relation to the powers and duties of the Port of 19 Oswego Authority. 20 SENATOR PATERSON: Explanation. 21 ACTING PRESIDENT KUHL: Senator 22 Wright, an explanation has been asked for by the 23 Acting Minority Leader, Senator Paterson, on 8041 1 Calendar Number 1139, Senate Print 5044-A. 2 SENATOR WRIGHT: Thank you, Mr. 3 President. 4 The bill amends the Public 5 Authorities Law. Last year, we enacted 6 legislation amending the Public Authorities Law, 7 allowing the Port of Oswego to finance 8 industrial projects. As part of the revisions 9 to that statute last year, we need to make a 10 technical correction this year to remove a cap 11 that is -- that was previously placed on the 12 interest paid on bonds, and since that 13 limitation is five percent, that effectively 14 restricts the ability of the authority to pursue 15 the projects that they wish to. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read -- Senator Paterson. 18 SENATOR PATERSON: Mr. President, 19 if the sponsor would yield for a question. 20 ACTING PRESIDENT KUHL: Senator 21 Wright, do you yield to Senator Paterson? 22 SENATOR WRIGHT: Yes, I do. 23 ACTING PRESIDENT KUHL: The 8042 1 Senator yields. 2 SENATOR PATERSON: Maybe you said 3 this and I just didn't hear it. Why are we 4 removing the cap here? 5 SENATOR WRIGHT: Mr. President, a 6 year ago when we amended the Public Authorities 7 Law to authorize the Port of Oswego to finance 8 industrial projects, we also amended it so that 9 it coincided with all of the IDA reforms that we 10 enacted a year ago. 11 In one of the revisions of the 12 bill, we inadvertently left out the language 13 that would eliminate the cap, so that it would 14 conform with IDA law. Now we're going back 15 making the technical amendment at the request of 16 the Port of Oswego. 17 At the current limitation of five 18 percent, it restricts their ability to 19 effectively sell and issue bonds given what the 20 financial markets are currently. 21 ACTING PRESIDENT KUHL: Senator 22 Paterson. 23 SENATOR PATERSON: In other words 8043 1 -- in other words, Mr. President, this 2 legislation, if Senator Wright agrees, will 3 correct something that we assumed existed in the 4 legislation that we passed last year? 5 SENATOR WRIGHT: Correct. 6 SENATOR PATERSON: Thank you. 7 ACTING PRESIDENT KUHL: Senator 8 Dollinger. 9 SENATOR DOLLINGER: No, Mr. 10 President, the question was answered. 11 ACTING PRESIDENT KUHL: Senator 12 Dollinger waives. 13 The Secretary will read the last 14 section. 15 THE SECRETARY: Section 3. 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 58. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 8044 1 1140, by Senator Levy, Senate Print 5062-A, an 2 act to amend the Public Authorities Law, in 3 relation to the acquisition of real property by 4 the Water Authority of Southeastern Nassau 5 County. 6 SENATOR PATERSON: Explanation. 7 ACTING PRESIDENT KUHL: Senator 8 Levy, an explanation of Calendar Number 1140, 9 Senate Print 5062-A, has been asked for by 10 Senator Paterson. 11 SENATOR LEVY: Senator Paterson, 12 this bill has been requested by the Southeast 13 Nassau Water Authority, and Southeastern Nassau 14 Water Authority was created to explore a 15 takeover of the New York Water Company so that 16 the territory and service of that water 17 authority would become public. 18 As negotiations have moved 19 forward with this takeover, bond counsel have 20 advised the board of the water authority that 21 they need statutory authority not to hold -- not 22 to hold the public hearings that are required 23 within this bill, but if they choose to hold a 8045 1 non-binding referendum according to their bond 2 counsel and counsel, they must have legislative 3 authority to do so. 4 So what this bill does is to give 5 the authorization to the water authority to have 6 the non-binding election -- referendum, I should 7 say, on -- and let the public vote and tell them 8 how they feel as it relates to the proposed 9 takeover of the New York Water Company. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PATERSON: Mr. President, 13 if the sponsor would yield. 14 ACTING PRESIDENT KUHL: Senator, 15 Levy, will you yield? 16 SENATOR LEVY: Yes. 17 ACTING PRESIDENT KUHL: The 18 Senator yields. 19 SENATOR PATERSON: Senator Levy, 20 I don't understand why we need a non-binding 21 referendum where I would imagine that the same 22 purpose might be accomplished through a public 23 hearing. 8046 1 SENATOR LEVY: Well, I don't 2 agree with you that the same purpose of a water 3 -- a water corporation with a territory that 4 not only takes up a significant part of the 5 southeastern part of the town of Hempstead, 6 which is the largest town in the United States 7 of America in terms of population and bigger 8 than eight states or nine states and the town of 9 Oyster Bay. 10 Part of the town of Oyster Bay, 11 in my experience -- and maybe it's been 12 different with yours with public hearings -- no 13 matter how hard you or I or the people that 14 would be involved with this water authority try 15 to get people to come out to a public hearing, 16 they just don't, in fact, come out; but if you 17 give them an election -- an election date to 18 come out and vote on a non-binding referendum - 19 and incidentally, under this bill, the date 20 would be set by the Nassau County Board of 21 Elections and presumably they will be setting - 22 setting this referendum concurrently with other 23 elections that will be taking place within the 8047 1 town of Hempstead and the town of Oyster Bay. 2 You are going to have a significant -- a 3 significant percentage of people to come out and 4 through the ballot box to say yea or nay if 5 there is to be a public takeover of the New York 6 Water Authority. 7 And let me tell you that we are 8 talking about a price -- a price to acquire this 9 water authority between -- somewhere between 50 10 and $80 million, and certainly the -- the rate 11 payers who live within the territory of the New 12 York Water Service Corporation certainly have an 13 important interest in expressing themselves as 14 to whether they think that this water authority 15 should be taken over by the public sector or 16 left with the private sector in the New York 17 Water Corporation. 18 SENATOR PATERSON: Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: If Senator 22 Levy would continue to yield for a question. 23 ACTING PRESIDENT KUHL: Senator 8048 1 Levy, do you continue to yield? 2 SENATOR LEVY: Yes. 3 ACTING PRESIDENT KUHL: The 4 Senator continues to yield. 5 SENATOR PATERSON: Senator, now I 6 do understand why you want to hold this through 7 a non-binding referendum as opposed to - 8 SENATOR LEVY: Senator Paterson, 9 it's not a question of whether I want to do it 10 or not. All this bill does is to authorize the 11 board of the New York Water -- the board of the 12 Southeastern Water Authority, if they decide to 13 do a non-binding referendum, to permit them to 14 do it and to work with the Nassau County Board 15 of Elections on a date for the referendum. 16 ACTING PRESIDENT KUHL: Senator 17 Paterson. 18 SENATOR PATERSON: All right, 19 Senator. Now I can understand why somebody 20 might want to have a non-binding referendum 21 based on what you urged us about the problems 22 holding public hearings. 23 However, the authority made the 8049 1 request. My question is who is actually going 2 to pay for the election? Is this going to be 3 paid for through money of the water authority or 4 is it going to come from the town or who exactly 5 is going to sponsor this election? How much is 6 it going to cost? Is there going to be a local 7 fiscal impact, because this is something that I 8 guess could be put on the ballot with other 9 issues at a different -- at a different time, 10 but we're just curious as to how much this 11 election which, from what you're telling me is 12 more informational than anything else, is going 13 to cost? 14 SENATOR LEVY: Senator Paterson, 15 that is a matter between the water authority and 16 the County Board of Elections, and how much it 17 will cost will obviously determine whether this 18 non-binding referendum takes place on a date 19 when other elections are taking place within - 20 within the town of Hempstead and town of Oyster 21 Bay that relates -- that is within the 22 jurisdiction, I should say, of the New York 23 Water Service Corporation. I cannot give you an 8050 1 amount. 2 If there was a determination to 3 -- to say hold this non-binding referendum when 4 there -- when there were, for example, elections 5 of fire commissioners in the fire districts 6 within -- within the New York Water Service 7 Corporation territory, I would think there would 8 probably be no cost or little cost because there 9 would be elections going on and this would 10 become an item on the ballot at this same time 11 of another election. 12 If it -- if it were to be -- if 13 it were to take place at a time when there were 14 no elections, well, obviously that might - 15 might cause a cost of having a special 16 non-binding referendum on this issue, and that's 17 a matter that will be determined as well as the 18 course between the Board of Elections and 19 Southeast Water Authority. 20 Let me say also that they do have 21 some revenues that have come to them through the 22 state budget as well as contributions of 23 revenues through Nassau County. 8051 1 ACTING PRESIDENT KUHL: Senator 2 Paterson. 3 SENATOR PATERSON: Senator Levy, 4 thank you for clarifying this for the members. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Dollinger. 7 SENATOR DOLLINGER: Would the 8 sponsor yield to just one question? 9 ACTING PRESIDENT KUHL: Senator 10 Levy, do you yield? 11 SENATOR LEVY: Certainly, 12 Senator. 13 ACTING PRESIDENT KUHL: The 14 Senator yields. 15 SENATOR DOLLINGER: Senator, my 16 understanding is generally in the Town Law and 17 in all of our municipal statutes, we have taken 18 a posture against non-binding referenda. We 19 have some restrictions, some town actions and 20 governmental actions that require a mandatory 21 referendum; for example, changes in county 22 charters and those kinds of things. 23 My question is what -- and I 8052 1 heard your explanation to Senator Paterson, but 2 why -- what is unique about this instance that 3 we should break that sort of policy against 4 non-binding referenda by governments of all 5 types? Doesn't it end up being a partly - 6 couldn't it end up being a confusing message to 7 both local residents and the decision-makers? 8 SENATOR LEVY: Certainly - 9 certainly by giving residents the opportunity to 10 express a yea or nay on any potential takeover, 11 I don't think is sending the wrong message to - 12 to people who are going to be asked to pay -- to 13 pay the course of the takeover of this water 14 company which, as I said, may amount -- will 15 amount to somewhere between 50- and $80 million. 16 Now, the reason that we are doing 17 this bill -- and I have to tell you, if -- if I 18 had my druthers with the direction that we would 19 be going, it would be to require the Southeast 20 Nassau Water Authority to hold a referendum on 21 any takeover of the water authority and that it 22 be binding. 23 Now, we had tried to go that 8053 1 route previously. A large number of the water 2 authorities in the -- in the state, though it 3 was the Southeast Nassau Water Authority that 4 was going to have that responsibility imposed 5 upon them, the other water authorities in the 6 state did not want a mandate from state -- state 7 government passed by the Legislature, signed 8 into law by the Governor requiring a referendum 9 on a takeover. The bill passed both houses and 10 it was vetoed. 11 So we now have this approach that 12 was requested by the board of the water 13 authority and this probably, with the exception 14 of a public -- a public hearing or a public 15 meeting that Senator Paterson referred to, will 16 be the only method to give people an opportunity 17 to say yea or nay on any potential takeover. 18 SENATOR DOLLINGER: Mr. 19 President, just on the bill ever so briefly. I 20 guess I agree with you - 21 ACTING PRESIDENT KUHL: Senator 22 Dollinger on the bill. 23 SENATOR DOLLINGER: -- Senator 8054 1 Levy that given my druthers, I'd rather have 2 this a binding public referendum as well. I 3 think the problem with non-binding public 4 referendums is they become expensive polls and 5 they run into a problem because if the board is 6 predisposed not to do it or to do it and the 7 voter referendum comes in one way or the other 8 and you set up an opposition between the board 9 and the public, I think you end up with a 10 terrible muddle that tends to lead to 11 procrastination. I would have a binding 12 referendum that would allow the people to decide 13 for themselves whether they want to pick up this 14 50- to $70 million hit on their water bills. 15 So I understand that this may be 16 a fall-back compromise and I'm going to vote for 17 it, but I would prefer to have a -- if I - 18 actions are going to be taken by government, 19 we're going to go to the people and ask for 20 their opinion, we shouldn't ask for their 21 opinion and say it doesn't really mean much. We 22 should say "Your opinion means everything" and 23 it's going to be a binding referendum, and we've 8055 1 got that policy in the Town Law and in the 2 County Law all through our statutes that give 3 limited forms of referendum on specific issues. 4 I for one favor broadening that 5 class to give them even broader referendum power 6 because going to the people and saying it's only 7 for advisory purposes seems to me to be somewhat 8 at odds with our whole theory of government. 9 ACTING PRESIDENT KUHL: The 10 Secretary -- excuse me. 11 Senator Leichter. 12 SENATOR LEICHTER: Yeah, Mr. 13 President, if Senator Levy would be good enough 14 to yield. Senator, I apologize. 15 ACTING PRESIDENT KUHL: The 16 Senator yields. 17 SENATOR LEICHTER: I must say 18 when this bill first came up, I was totally 19 disinterested, but as time passed and questions 20 were asked and I looked at it, it brought to 21 mind one question which I want to ask you. 22 Who's going to pay for the cost of the 23 election? 8056 1 SENATOR LEVY: I think I had 2 answered that. 3 SENATOR LEVY: Oh, did you? I'm 4 sorry. I - 5 SENATOR LEVY: For Senator 6 Paterson or Senator Dollinger. That will be a 7 determination that will be made among -- among 8 the Nassau County Board of Elections, and they 9 really have control under this legislation 10 because it is up to the Board of Elections to 11 set the date for the referendum. They have to 12 set that date. 13 Therefore, the cost of this - 14 the cost of this non-binding referendum will be 15 paid for out of the revenues of the Southeastern 16 Nassau Water Authority or -- or with the 17 participation of either the town of Hempstead 18 and/or the town of Oyster Bay or Nassau County, 19 all of whom have an interest in this issue. 20 SENATOR LEICHTER: Senator, I 21 guess just one final question. 22 ACTING PRESIDENT KUHL: Senator 23 Levy, do you continue to yield? 8057 1 SENATOR LEVY: Certainly. 2 ACTING PRESIDENT KUHL: The 3 Senator yields. 4 SENATOR LEICHTER: I appreciate 5 that maybe by the bill you don't want to get 6 involved in the thicket of who's going to pay 7 for it, but I think on the other hand to leave 8 it open in this fashion, to my mind, would - 9 could possibly end up with the referendum not 10 being held or some other problems, and so on, 11 but I guess it's your district. You're doing as 12 always a very good thing for your constituents. 13 Why should I meddle? 14 SENATOR LEVY: That you, sir. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the 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 58. 23 ACTING PRESIDENT KUHL: The bill 8058 1 is passed. 2 Senator Libous. 3 SENATOR LIBOUS: Mr. President, I 4 believe at this time we can go back to Calendar 5 1137. 6 ACTING PRESIDENT KUHL: The 7 Secretary will call the title to Calendar Number 8 1137. 9 THE SECRETARY: Calendar Number 10 1137, by Senator Holland, Senate Print 4634-A, 11 an act to amend the Agriculture and Markets Law, 12 the State Finance Law and Chapter 115 of the 13 Laws of 1894, relating to the better protection 14 of lost and strayed animals. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 12. This 18 act shall take effect on the 180th day. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 50... 23 ACTING PRESIDENT KUHL: Announce 8059 1 the results when tabulated. 2 THE SECRETARY: Ayes 56, nays 2, 3 Senators Levy and Marcellino recorded in the 4 negative. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 Senator Nanula, why do you rise? 8 SENATOR NANULA: Mr. President, I 9 would like to express unanimous consent -- or 10 request unanimous consent to be recorded in the 11 negative on Calendar Number 1146. 12 ACTING PRESIDENT KUHL: Without 13 objection. Hearing no objection, Senator Nanula 14 will be recorded in the negative on Calendar 15 Number 1146. 16 Senator Libous. 17 SENATOR LIBOUS: Mr. President, 18 would you recognize Senator Smith. 19 SENATOR SMITH: Thank you. 20 Mr. President, I request 21 unanimous consent to be recorded in the negative 22 on Calendar Number 1145. 23 ACTING PRESIDENT KUHL: Without 8060 1 objection. Hearing no objection, Senator Smith 2 will be recorded in the negative on Calendar 3 Number 1145. 4 Senator Libous. 5 SENATOR LIBOUS: Mr. President, 6 if we could continue with the regular order, 7 please. 8 ACTING PRESIDENT KUHL: The 9 Secretary will continue to call the 10 controversial calendar. 11 THE SECRETARY: Calendar Number 12 1141, by Senator Farley, Senate Print 5120, an 13 act to amend the Banking Law, in relation to 14 establishing limitations for the percentage of 15 savings banks' assets. 16 SENATOR LEICHTER: Mr. President, 17 if the chairman of the Banking Committee would 18 yield. 19 Senator, why don't you just 20 briefly explain the bill and then I just have 21 one comment on it. 22 SENATOR FARLEY: I am pleased to 23 get your support there, Senator Leichter. 8061 1 Actually, what this bill does, it 2 provides state-chartered savings banks with the 3 same parity of power that the federally 4 chartered thrifts and state and federal and all 5 the commercial banks in the state have. 6 These institutions are not 7 subject to any such ownership restrictions on 8 the mutual funds that they may invest. In 9 essence, this bill repeals the restriction that 10 the savings bank -- that's the state-chartered 11 one -- may only invest in a mutual fund which is 12 wholly owned by other thrifts and the pension 13 funds. 14 Therefore, these other entities 15 have more options available to them than do the 16 state-chartered savings banks. Federal and 17 state regulators have had -- have not had any 18 such concerns about these types of investments. 19 Basically that's it, Senator 20 Leichter, but I'm going to lay the bill aside 21 and go on to my next bill. 22 SENATOR LEICHTER: You're laying 23 it aside? 8062 1 ACTING PRESIDENT KUHL: At the 2 request of the sponsor, Calendar Number 1141 3 will be laid aside temporarily. 4 The Secretary will continue to 5 call the roll -- excuse me -- call the 6 calendar. 7 THE SECRETARY: Calendar Number 8 1142, by Senator Farley, Senate Print 5205, an 9 act to authorize certain participating employers 10 to elect to provide the retirement incentive 11 provided for in Chapter 12 of the Laws of 1995. 12 SENATOR LEICHTER: Explanation. 13 ACTING PRESIDENT KUHL: Senator 14 Farley, an explanation of Calendar Number 1142 15 has been asked for by Senator Leichter. 16 SENATOR FARLEY: Thank you, 17 Senator Leichter. 18 This bill was drafted with the 19 assistance of the State Comptroller, and it's 20 going to be introduced in the Assembly by 21 Assemblymen Tonko and Luster. 22 The bill was introduced at the 23 request of the town of Rotterdam, which is 8063 1 within my district. Incidentally, Rotterdam is 2 bigger than Amsterdam and Cortland County, so 3 I'm carrying a piece of local legislation for 4 Cortland County. I forget who has that - 5 Senator Seward, my seatmate who is not here, but 6 he should be interested in this. 7 In essence, what it does, under 8 the provision of Chapter 12 of the Laws of 1995, 9 municipalities were allowed to offer the early 10 retirement incentive to their employees by 11 passing a local law by a prescribed date. The 12 town of Rotterdam and the entire Cortland County 13 passed resolutions by the prescribed date rather 14 than a local law -- they passed a resolution 15 rather than a local law. 16 This bill would allow these 17 municipalities to pass local laws within 60 days 18 of the effective date of this act, thereby 19 correcting this procedural error. Actually, 20 what it was was an error that local government 21 made. They passed a resolution as opposed to a 22 local law that allows them to do it. 23 SENATOR LEICHTER: Thank you. 8064 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the 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 58. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 Senator Abate, why do you rise? 12 SENATOR ABATE: Yes. I ask for 13 unanimous consent to be recorded in the negative 14 on Calendar Number 1145. 15 ACTING PRESIDENT KUHL: Without 16 objection. Hearing no objection, Senator Abate 17 will be recorded in the negative on Calendar 18 Number 1145. 19 Senator Montgomery. 20 SENATOR MONTGOMERY: Yes. 21 ACTING PRESIDENT KUHL: Why do 22 you rise? 23 SENATOR MONTGOMERY: Thank you, 8065 1 Mr. President. 2 I would like unanimous consent to 3 be recorded in the negative on Calendar 1145. 4 ACTING PRESIDENT KUHL: Without 5 objection. Hearing no objection, Senator 6 Montgomery will be recorded in the negative on 7 Calendar Number 1145. 8 SENATOR MONTGOMERY: Thank you. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the title to Calendar Number 11 1143. 12 THE SECRETARY: Calendar Number 13 1143, by Senator Sears, Senate Print 5250, an 14 act to legalize, validate, ratify and confirm 15 the acts and proceedings of the board of 16 trustees of the village of Vernon, Oneida 17 County. 18 SENATOR PATERSON: Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Sears, an explanation has been asked of Calendar 21 Number 1143 by Senator Paterson. 22 SENATOR SEARS: I welcome the 23 opportunity to explain this very, very important 8066 1 bill, and you're probably not going to believe 2 the explanation but it's true. 3 The board of trustees of the 4 village of Vernon passed Local Law Number 3 on 5 December the 28th of 1994. This law 6 discontinued the village's status as an 7 assessing unit. It was then filed with New York 8 State on 14-inch paper. However, since these 9 filings must be made on 11-inch paper, the 10 request was not accepted. Being that the new 11 year had begun and the January 1st deadline was 12 not met, the village's status as an assessing 13 unit still remains. The New York State Board of 14 Equalization and Assessment has indicated to the 15 village that this legislation is needed to 16 remedy the problem. 17 SENATOR PATERSON: Senator, you 18 expect me - 19 ACTING PRESIDENT KUHL: Senator 20 Paterson. 21 SENATOR PATERSON: Do you really 22 expect me to believe that explanation? 23 SENATOR SEARS: Senator, all I 8067 1 can say is I don't make the snowballs, I just 2 throw them. 3 SENATOR PATERSON: So the only 4 problem is the paper was three inches short? 5 SENATOR SEARS: That is 6 apparently what happened. 7 SENATOR PATERSON: Well - 8 SENATOR SEARS: It was a three 9 inch difference. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson on the bill. 12 SENATOR PATERSON: Mr. President, 13 I really think I shouldn't comment on this bill, 14 but I guess we've all -- some of us have had 15 that problem, so I guess we'll leave it. 16 ACTING PRESIDENT KUHL: The 17 Secretary 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 THE SECRETARY: Ayes 58. 8068 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Libous, I believe that 4 completes the controversial reading of 5 Supplemental Calendar Number 1. 6 SENATOR LIBOUS: Mr. President, I 7 believe we have some housekeeping to take care 8 of. 9 ACTING PRESIDENT KUHL: We do 10 have some housekeeping. 11 Senator Libous. 12 SENATOR LIBOUS: Thank you, Mr. 13 President. 14 I wish to call up Senator Bruno's 15 bill, Senate Print Number 5311, which is now at 16 the desk. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the title. 19 THE SECRETARY: Calendar Number 20 1145, by the Senate Committee on Rules, Senate 21 Print 5311, an act in relation to certain 22 provisions which impact upon the expenditure of 23 certain appropriations made by Chapter 54. 8069 1 ACTING PRESIDENT KUHL: Senator 2 Libous. 3 SENATOR LIBOUS: Mr. President, I 4 now move to reconsider the vote by which this 5 bill was passed and ask that the bill be 6 restored to the Third Reading Calendar. 7 ACTING PRESIDENT KUHL: The 8 motion is to reconsider the vote by which the 9 bill passed the house. The Secretary will call 10 the roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration.) 13 THE SECRETARY: Ayes 58. 14 ACTING PRESIDENT KUHL: Senator 15 Libous. 16 SENATOR LIBOUS: Mr. President, I 17 move to discharge from the Committee on Rules, 18 Assembly Print Number 8021 and substitute it for 19 this identical bill, and I move that the 20 substituted Assembly bill have its third reading 21 at this time, please. 22 ACTING PRESIDENT KUHL: The 23 Assembly bill will be discharged. The Secretary 8070 1 will read. 2 THE SECRETARY: Calendar Number 3 1145, by the Assembly Committee on Rules, 4 Assembly Print 8021, an act in relation to 5 certain provisions which impact upon the 6 expenditure of certain appropriations made by 7 Chapter 54 of the Laws of 1995. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Senator 13 Dollinger, for the benefit of the members, this 14 is a bill that was passed earlier in this house, 15 but there was a cross with the Assembly. We're 16 simply recalling the Senate bill, now taking the 17 Assembly bill up. We're passing -- we're going 18 to register the same vote unless somebody wishes 19 to vote differently. 20 The Secretary will read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 8071 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT KUHL: Announce 5 the results. 6 THE SECRETARY: Ayes 55, nays 3, 7 Senators Abate, Montgomery and Smith recorded in 8 the negative. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 Senator Marcellino. 12 SENATOR MARCELLINO: Yes, Mr. 13 President. On behalf of Senator Kuhl, my worthy 14 colleague, on page number 31, I offer the 15 following amendments to Calendar Number 923, 16 Senate Print Number 3172-B, and ask that said 17 bill retain its place on the Third Reading 18 Calendar. 19 ACTING PRESIDENT KUHL: Any time 20 you want to offer up any amendments, Senator 21 Marcellino, you're more than welcome. 22 Calendar Number 923, the 23 amendments will be received and adopted. The 8072 1 bill will retain its place on the Third Reading 2 Calendar. 3 Senator Marcellino. 4 SENATOR MARCELLINO: Mr. 5 President, on behalf of Senator Leibell, on page 6 number 35, I offer the following amendments to 7 Calendar Number 989, Senate Print Number 3786, 8 and ask that said bill retain its place on Third 9 Reading Calendar. 10 ACTING PRESIDENT KUHL: The 11 amendments to Calendar Number 989 are received 12 and adopted. The bill will retain its place on 13 the Third Reading Calendar. 14 Senator Marcellino. 15 SENATOR MARCELLINO: Mr. 16 President, on behalf of Senator Leibell, once 17 again, on page number 36, I offer the following 18 amendments to Calendar Number 990, Senate Print 19 Number 3801, and ask that said bill retain its 20 place on the Third Reading Calendar. 21 ACTING PRESIDENT KUHL: The 22 amendments to Calendar Number 990 are received 23 and adopted. The bill will retain its place on 8073 1 the Third Reading Calendar. 2 SENATOR STAVISKY: Mr. President. 3 ACTING PRESIDENT KUHL: The Chair 4 recognizes Senator Espada. 5 SENATOR ESPADA: Thank you, Mr. 6 President. 7 I would like to request unanimous 8 consent to be recorded in the negative on 9 Calendar Number 1145, please. 10 ACTING PRESIDENT KUHL: Without 11 objection. Hearing no objection, Senator Espada 12 will be recorded in the negative on Calendar 13 Number 1145. 14 Senator Stavisky. 15 SENATOR STAVISKY: Mr. President, 16 in the same manner as Senator Espada, without 17 objection, I would like to be recorded in the 18 negative on 1145. 19 ACTING PRESIDENT KUHL: Without 20 objection. Hearing no objection, Senator 21 Stavisky will be recorded in the negative on 22 Calendar Number 1145. 23 The Chair recognizes Senator 8074 1 Libous. 2 SENATOR LIBOUS: Mr. President, 3 would you call up Calendar Number 1111? 4 ACTING PRESIDENT KUHL: The 5 Secretary will read Calendar Number 1111. It's 6 on your regular calendar, Calendar Number 60. 7 THE SECRETARY: On page 38, 8 Calendar Number 1111, by Senator Saland, Senate 9 Print 5103, an act to amend the Domestic 10 Relations Law, in relation to special relief in 11 matrimonial actions. 12 SENATOR LIBOUS: Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Libous. 15 SENATOR LIBOUS: Would you lay 16 that bill aside for the day, please. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside for the day. 19 SENATOR LIBOUS: 1118 next, Mr. 20 President. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read Calendar Number 1118. 23 THE SECRETARY: Calendar Number 8075 1 1118, by Senator Cook, Senate Print 1015, an act 2 to amend the Highway Law, in relation to bridges 3 in the county of Delaware. 4 ACTING PRESIDENT KUHL: Senator 5 Libous. 6 The Secretary will read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: There's a 11 home rule message at the desk. Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 58. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 SENATOR LIBOUS: Is there any 17 other housekeeping, Mr. President? 18 ACTING PRESIDENT KUHL: The 19 housekeeping has been taken care of for the time 20 being, Senator Libous. 21 SENATOR LIBOUS: Now, Mr. 22 President, I say we stand at ease for a few 23 moments. 8076 1 ACTING PRESIDENT KUHL: The 2 Senate will stand at ease for a few moments. 3 (Whereupon, the Senate stood at 4 ease from 4:49 p.m. until 4:51 p.m.) 5 ACTING PRESIDENT KUHL: The Chair 6 would recognize Senator Libous, the Acting 7 Majority Leader, for an announcement. 8 Senator Libous. 9 SENATOR LIBOUS: Mr. President, 10 there will be an immediate conference of the 11 Republican Majority in Room 332. That's an 12 immediate conference of the Republican Majority 13 in Room 332. 14 ACTING PRESIDENT KUHL: There 15 will be an immediate meeting of the Republican 16 Majority Conference in the Majority Conference 17 Room, Room 332. Immediate meeting of the 18 Republican Majority Conference in Room 332. 19 ACTING PRESIDENT KUHL: Senator 20 Skelos. 21 SENATOR SKELOS: Senate will 22 stand at ease until 6:45. 23 (Whereupon, Senate was at ease.) 8077 1 (At 6:14 p.m., the following 2 announcement was made.) 3 ACTING PRESIDENT DEFRANCISCO: 4 Good evening. Senator Mendez. 5 SENATOR MENDEZ: Mr. President. 6 I want to announce that there will be an 7 immediate conference of the Democratic Minority 8 in the conference room, Room 314. 9 ACTING PRESIDENT DEFRANCISCO: 10 Room 314, Democrat Minority Conference Room, 11 there's an immediate meeting. 12 SENATOR MENDEZ: Thank you. 13 ACTING PRESIDENT DEFRANCISCO: 14 Senate will stand at ease until 6:45 p.m. 15 (Whereupon, at 6:55 p.m., the 16 Senate reconvened.) 17 SENATOR SKELOS: Mr. President. 18 ACTING PRESIDENT KUHL: Senate 19 will come to order. 20 Senator Skelos. 21 SENATOR SKELOS: If we could call 22 up Calendar Number 1147, Senate 5319. 23 ACTING PRESIDENT KUHL: I will 8078 1 ask the Secretary to read the title. 2 THE SECRETARY: Calendar Number 3 1147, by the Senate Committee on Rules, Senate 4 Print 5319, an act to amend the Criminal 5 Procedure Law, the Family Court Act and the 6 Public Health Law, in relation to testing 7 certain criminal defendants and juveniles for 8 human immunodeficiency virus. 9 SENATOR SKELOS: Mr. President. 10 Is there a message at the desk? 11 ACTING PRESIDENT KUHL: Secretary 12 informs me that there are messages at the desk, 13 Senator Skelos. 14 SENATOR SKELOS: Move to accept. 15 ACTING PRESIDENT KUHL: The 16 motion is to accept the message of necessity at 17 the desk. 18 All in favor, signify by saying 19 aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (There was no response.) 23 The message is accepted. 8079 1 SENATOR PATERSON: Explanation. 2 SENATOR STAFFORD: Mr. 3 President. I believe an explanation - 4 ACTING PRESIDENT KUHL: Senator 5 Stafford, an explanation of Calendar 1147 has 6 been asked for by Senator Paterson. 7 SENATOR STAFFORD: Thank you. 8 Mr. President. I will try to 9 have this in simple terms, in layman's terms. 10 This will provide and allow a victim of a crime 11 to have the criminal or criminals involved 12 tested for HIV, an HIV test after conviction. I 13 do point out this does also apply to juveniles, 14 youthful offenders. 15 ACTING PRESIDENT KUHL: Senator 16 Paterson. 17 SENATOR PATERSON: Mr. 18 President. I won't delay the proceedings - 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 SENATOR PATERSON: Wait. I won't 22 delay the proceedings considerably because 23 Senator Skelos is very hungry right now, but I 8080 1 would just like to point out that something such 2 as this needs further research and that the 3 issue of the conviction and testing the 4 individual is something that we have absolutely 5 no problem with. 6 This person is convicted of a 7 crime. They may have more than just committed a 8 crime; they may have risked the life of the 9 individual who is afflicted. It is a very 10 dolorous situation that occurs, and there's no 11 problem. 12 The only issue that I would just 13 like to address is the testing itself not being 14 reliable enough, and that there must be at least 15 two tests occurring six months apart, is my 16 recommendation, just to assure that the victim 17 of the crime is not in any way deluded into 18 thinking that they should not be tested 19 themselves. Other than that, the bill obviously 20 has merit. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 5. This 8081 1 act shall take effect August 1st. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 59. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Senator Skelos. 7 SENATOR SKELOS: At this time, 8 please call - 9 SENATOR PATERSON: Mr. President. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PATERSON: On Calendar 13 1147, which we were just addressing, I believe 14 that Senator Hoffmann would like to explain her 15 vote. Can we allow that? 16 ACTING PRESIDENT KUHL: I don't 17 see her in the chamber, Senator Paterson. 18 SENATOR SKELOS: When she comes 19 in, she can explain her vote. 20 Call up Calendar 1088, Senate 21 5235. 22 ACTING PRESIDENT KUHL: We'll 23 return to the regular calendar, Calendar Number 8082 1 60, and I'll ask the Secretary to read Calendar 2 Number 1088, Senate Print 5235. 3 THE SECRETARY: On page 38, 4 Calendar Number 1088, by the Senate Committee on 5 Rules, Senate Print 5235, an act to amend the 6 Social Services Law, in relation to medical 7 assistance exclusion. 8 SENATOR PATERSON: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Paterson. 11 SENATOR PATERSON: Before we go 12 to Calendar 1088, may Senator Hoffmann be 13 recognized to explain her vote on Calendar 14 Number 1147 now? 15 SENATOR SKELOS: Without 16 objection. 17 ACTING PRESIDENT KUHL: We'll 18 withdraw the reading of the title of Calendar 19 Number 1088 and recognize Senator Hoffmann to 20 explain her vote on Calendar 1147, Senate Print 21 5319. 22 SENATOR HOFFMANN: Thank you, Mr. 23 President. 8083 1 This bill marks an important 2 departure from our previous attitude in this 3 state relative to HIV testing in that it is 4 apparently the first time that we have 5 undertaken a mandatory HIV testing, and that's a 6 very important first step. 7 A number of us in this house, 8 Senator Nozzolio, Senator Sears, as well as 9 myself, have introduced bills in the past that 10 would address the issue of mandatory testing for 11 HIV, particularly where criminal acts are 12 involved. In my case, and I believe for the 13 other two gentlemen's cases, we're talking about 14 inmates in New York State correctional 15 facilities. 16 This bill, although it's an 17 important first step, leaves unanswered a very, 18 very significant question, and it leaves us 19 open, I think, to significant criticism because 20 the effect would be that a rapist who has been 21 convicted of a terrible crime and has been 22 required by this law to undergo a mandatory HIV 23 test would then have the personal option of not 8084 1 knowing the results of that test and, therefore, 2 the personal option of not acting in any 3 responsible way in his future conduct. 4 We know statistically that 5 rapists tend to recidivate at approximately the 6 rate of 50 percent in this state, so there is 7 little reason to doubt that an HIV-positive 8 rapist, having once raped, possibly infecting 9 his victim with the HIV virus, could then with 10 rather unbelievable impunity granted by the 11 State of New York go out and do the same thing 12 again. 13 It is really tantamount to 14 providing a license to infect other women and 15 women and children in this state with the HIV 16 virus. I would really hope that before this 17 Legislature adjourns for the year this piece of 18 legislation will have a better review by those 19 individuals who have negotiated it and those of 20 us who were not privy to those negotiations will 21 have an opportunity for some input. 22 I would hope that the Governor in 23 his wisdom will send this measure back to us 8085 1 rather than sign it so that we may make the 2 necessary corrections and require that a rapist 3 not only undergo the mandatory HIV test but be 4 required to undergo mandatory testing and 5 treatment and be subject to some follow-up. 6 I think that to do anything less 7 would put us in a position where we could be 8 accused of being derelict in our 9 responsibility. 10 And I thank you, Mr. President 11 and my colleagues, for being a bit liberal with 12 the two-minute rule in my explanation of my 13 vote. 14 ACTING PRESIDENT KUHL: Are you 15 voting in the affirmative as you had voted? 16 SENATOR HOFFMANN: I'm voting in 17 the affirmative. 18 ACTING PRESIDENT KUHL: Senator 19 Skelos. 20 SENATOR SKELOS: Senator Hoffmann 21 I believe now has explained her vote as was 22 requested. We have voted on the bill already? 23 ACTING PRESIDENT KUHL: Yes. The 8086 1 bill passed previously. Are you asking we take 2 up bill 1088? 3 SENATOR SKELOS: Could you 4 recognize Senator Goodman first? 5 ACTING PRESIDENT KUHL: Senator 6 Goodman. 7 SENATOR GOODMAN: Mr. President. 8 Would you please lift the sponsor star on Senate 9 1367A, Calendar Number 98. 10 ACTING PRESIDENT KUHL: At the 11 request of the sponsor, the star is removed from 12 Calendar Number 98. 13 Senator Skelos. 14 SENATOR SKELOS: At this time, 15 could we call up Calendar Number 1088, Senate 16 5235. 17 ACTING PRESIDENT KUHL: I will 18 ask the Secretary to read Calendar Number 1088. 19 THE SECRETARY: Calendar Number 20 1088, by the Senate Committee on Rules, Senate 21 Bill Number 5235, an act to amend the Social 22 Services Law, in relation to medical assistance 23 exclusion. 8087 1 SENATOR PATERSON: Explanation. 2 ACTING PRESIDENT KUHL: Senator 3 Farley, an explanation of Calendar Number 1088 4 has been requested by the Acting Minority 5 Leader, Senator Paterson. 6 SENATOR FARLEY: I don't know why 7 it falls to me to explain this, but I will do my 8 best. This is, in essence, the Donovan bill. 9 That's why it has nobody's name on it. It's the 10 bill that restricts, if you will, the funding 11 for Medicaid abortions. 12 You know, if there is a tragedy 13 in this whole argument on abortion, pro-life and 14 pro-choice, and so forth, is that there's really 15 no compromising. This is truly a compromise. 16 This is a budget bill, a budget 17 bill when the state is facing tremendous fiscal 18 problems. Twenty-six million dollars are spent 19 for Medicaid abortions in this state, and let me 20 just bring to your attention a political 21 situation here. 22 The New York Times in a poll in 23 April of 1993 polled and said that 72 percent of 8088 1 New York State residents oppose funding 2 abortions. What does that mean? I guess 3 abortion is a personal and a private decision 4 and should be paid for with personal and private 5 funds. 6 This bill does not outlaw 7 abortions, and every year that the Senate has 8 done this type of legislation or this amendment 9 for the past quarter of a century, we can't 10 outlaw abortions. The Supreme Court has spoken 11 to that. All this does is bring us somewhat 12 into conformity with the rest of the nation. 13 Forty-three states have accepted 14 this restriction in saying they will pay for 15 Medicaid abortions where there's rape or there's 16 incest or there is risk to the life of the 17 mother. 18 There's all kinds of people that 19 will be voting for this bill. Our Governor, 20 Governor Pataki, voted for this legislation even 21 though he is pro-choice. Several other Senators 22 who were pro-choice will be voting for it. 23 Governor Casey, one of the most popular 8089 1 Governors in Pennsylvania's history, has been 2 very, very strong in this area. 3 You know, whether you are pro 4 choice or whether you are -- I respect your 5 opinion, your belief. This is a personal 6 decision. I respect your position, and I expect 7 that you would respect mine. I happen to be 8 strongly pro-life, but there's a lot of people 9 supporting this legislation that are not that 10 strongly pro-life, the pro-choice. 11 You know, some say that this is a 12 women's issue. Let me just say this. My 13 mother, who has passed away who died at 90, was 14 a suffragette. As a young woman, she worked 15 very hard to try to get the women's vote. She 16 was the most feminine and loveliest and most 17 informed person that I ever knew, and she spoke 18 on this issue to me a number of times. 19 She wasn't a bit depressed that I 20 was a Senator; but I tell you, this was an issue 21 that she felt very, very deeply about; and every 22 woman that I know in my family -- and I come 23 from a very large Irish family, Irish-American 8090 1 family -- feel very deeply on this subject; and 2 I'll tell you, it's an issue that is very, very 3 important to a lot of people. 4 Senator Nolan, who served in this 5 house for many years and always stood up on this 6 issue, was always out front on this issue, said 7 something that was very moving to me. He said, 8 "You know, I represent a district which is 9 around Albany here which has a lot of affluent 10 people and a lot of poor people." He said the 11 very affluent women used to come into his office 12 and say, "The poor women need more abortions or 13 need abortions." He said, "I had a lot of poor 14 women that came into my office and asked for 15 things. They had problems with their housing, 16 with their rent, with their issues of trying to 17 survive." He said, "I've never had one of them 18 say that they needed more abortions." 19 What this does -- and I don't 20 think there's anybody in this chamber that would 21 disagree that abortion is a failure. It 22 represents a tragedy in somebody's life. I 23 don't think that anybody would disagree with 8091 1 that, from Planned Parenthood -- that does 2 abortions -- to anybody else. It certainly is 3 the opposite of Planned Parenthood when they 4 have to end up in the back room taking a fetus 5 out of somebody's body. 6 This is an issue again today when 7 we've got a budget crisis that sends a message. 8 We're not outlawing abortions. We're not taking 9 away the right of choice. We're saying that the 10 state will pay for a Medicaid abortion when 11 there's rape, incest, or life of the mother, as 12 do 43 other states. 13 Again, I suspect that we're only 14 one of seven states. We're also about -- when 15 you think of it, one-third of the 150,000 16 abortions that are performed annually in New 17 York are paid for by Medicaid; and the vast 18 majority of Medicaid funded abortions, 89 19 percent, are for nonmedical convenience 20 reasons. In other words, what we're talking 21 about is elective abortions. 22 Medicaid doesn't pay for 23 everything. You can't get cosmetic surgery. 8092 1 You can't get an awful lot of things that might 2 be needed. Certainly, I think we have a right 3 under federal funding to restrict this. I think 4 that we should, and I urge the passage of this 5 legislation. 6 ACTING PRESIDENT KUHL: Senator 7 Goodman. 8 SENATOR GOODMAN: Mr. President. 9 As I have done many times in the past when this 10 issue has arisen, I rise to express my great 11 respect for Senator Farley and for his 12 predecessor in this matter, Senator Donovan, 13 because there is no question as to their 14 sincerity in their pursuit of this particular 15 piece of legislation. 16 But, Mr. President, I must with 17 some controlled passion respectfully suggest to 18 my dear colleagues that I think that there is an 19 aspect of this which they have totally 20 overlooked, and that is the fact that in the 21 state of New York we have always permitted 22 women, irrespective of their economic capacity, 23 to have a right and access to abortion. I would 8093 1 remind you, of course, that this matter was 2 taken up in the famous Roe versus Wade decision 3 in 1973 in which the United States Supreme Court 4 guaranteed women the right to choose abortion, 5 period. 6 It did not make that right 7 dependent upon age, marital status or ability to 8 pay. But since 1976, with the passage of the 9 Hyde Amendment, Congress has severely restricted 10 federal funding for low income women's 11 abortions, and currently the federal Medicaid 12 Program refuses to pay for abortions except when 13 a pregnancy threatens a woman's life. 14 But in New York State, abortion 15 is recognized as a basic health right. Here, a 16 woman's right to choose abortion has never 17 hinged upon her ability to pay. 18 I would ask my colleagues who are 19 on the other side of this matter one simple 20 question. Put yourself in the shoes of a poor 21 woman who does not have available the funds with 22 which to pay for an abortion but who, 23 nonetheless, seeks to have such an abortion, as 8094 1 would have been her right under the United 2 States Constitution, and ask yourself the 3 question, what are we to do with regard to this 4 tragic problem in relation to the specific 5 individual who, because of her indigency, 6 because of her poverty, can not enjoy the same 7 rights as her neighbors who happen to have the 8 money available for an abortion? 9 Mr. President, I submit to you 10 this is rank discrimination, that this brings 11 about potential tragedies; and in states where 12 the abortion right is denied to poor women, we 13 have countless examples of botched abortions, of 14 abortions in which they have found it impossible 15 to go through appropriate medical channels and 16 have resorted to home remedies and various home 17 techniques to abort their babies, with 18 catastrophic results, culminating in hemorrhage 19 and almost certain death. I believe that to 20 subject women to this type of punishment is 21 absolutely unconscionable and beyond the pale. 22 Mr. President, I would like to 23 speak to you for just a moment about the 8095 1 consequences of states which do not permit 2 abortion. Without coverage for medically 3 necessary abortion, vulnerable poor women and 4 girls have no other access to health care and 5 they must carry pregnancies to term even if they 6 risk their health or are victims of rape or 7 incest. Safe and funded abortions have led to 8 decreases in maternal losses among poor women. 9 Enabling poor women to choose 10 whether or when to bear a child has had a 11 significant positive effect on their lives and 12 on the health and welfare of their families. 13 The cost to the state of providing the medical 14 services related to childbirth and child rearing 15 is, of course, enormously greater than the 16 expense of funding abortions, which is not to 17 say that it is not desirable to carry children 18 to full term and, wherever possible, it is 19 certainly desirable to allow women to make that 20 choice if that be their wish; but to take a 21 woman who, after careful consideration, has 22 decided that she wishes to terminate a pregnancy 23 and force her into a position of not being able 8096 1 to do that, I think, denies her a very 2 fundamental right. 3 The function of government is not 4 to control people's reproductive choices. All 5 women must have the freedom to make decisions 6 concerning abortion in light of their conscience 7 and religious beliefs. 8 Mr. President. I think one 9 practical matter should come to the House's 10 consideration. This is a one-house bill. This 11 bill is repeatedly passed in the Senate but has 12 never passed in the Assembly, so year after 13 year, we have to go through what is essentially 14 a fruitless exercise. 15 I am certainly prepared to have 16 any member express his views on this who may 17 wish to; but I would certainly point out that 18 the fact of the matter is, when the dust settles 19 on this question, the state of New York will 20 continue to provide to poor women, as it always 21 has since the Roe v. Wade decision, the absolute 22 right to make their own decision. 23 I believe this to be just. I 8097 1 believe this to be something fully consistent 2 with the traditions of a compassionate state, 3 and I believe this to be something which this 4 house in its wisdom may yet find the appropriate 5 action to prevent this from, once again, passing 6 in the house, in effect, fruitlessly and 7 pointlessly, leaving us in a state of, 8 essentially, frustration over a situation which 9 will never come to the fullness of passage into 10 a law. 11 Women must retain their absolute 12 right. That is the issue at stake here, and 13 that is the issue I hope the house will consider 14 in reaching its decision. 15 ACTING PRESIDENT KUHL: Senator 16 Padavan. 17 SENATOR PADAVAN: Thank you, Mr. 18 President. Senator Farley, I think, was both 19 eloquent and accurate in his articulation of the 20 meaning, significance and the merits of this 21 particular bill. 22 I would like, however, to respond 23 briefly to previous speakers' comments and to 8098 1 highlight one fact that Senator Farley touched 2 upon. The Congress of the United States in its 3 wisdom has decreed that this country shall not 4 benefit from any shared cost of Medicaid funding 5 in this category. They said, "We will pay half 6 of Medicaid," roughly half as we know it, "in 7 all kinds of things; but for abortion, we will 8 not," which is why, as Senator Farley pointed 9 out -- one of the reasons -- there are only a 10 handful of states, of which we are one, that 11 fund this entirely on their own. 12 I think that that is a major 13 issue, because if the things Senator Goodman was 14 talking about were true, then of the other 40 15 some-odd states we would be picking up our 16 newspapers every day and reading about these 17 tragedies, but we do not. We do not. 18 There are many things people, 19 poor people and not so poor people, would like 20 to have that they can not get at the taxpayers' 21 expense, and this, indeed, should be one of 22 them. Again, I repeat, I think Senator Farley 23 covered the ground very well, and I share 100 8099 1 percent in his observations. 2 But I think as we deliberate on 3 this issue and we come to our final conclusion, 4 we should keep in mind that this bill would make 5 New York State consistent with the law of the 6 United States of America as enacted by the 7 Congress. 8 ACTING PRESIDENT KUHL: Senator 9 Paterson. 10 SENATOR PATERSON: Mr. 11 President. The law of the United States of 12 America, as I understand it, entitles a woman 13 with the right to choice. That is the law. I 14 would think that if many in the chamber who have 15 strong feelings on this issue, who wish that the 16 law be changed, this is the process and this is 17 certainly the forum to change the law. 18 This is an issue of conscience. 19 This is an issue of personal choice, and it is 20 one that each of us makes and each of us lives 21 with in our own way; however, I do not think 22 that there should be any fixed rules for the 23 interpretation of what is the actual decree of 8100 1 the Congress because the Congress has not 2 changed the law, neither has the United States 3 Supreme Court to this point; and, therefore, I 4 don't understand why we would be, in a sense, 5 subrogating the law by denying the right to 6 choice, and that's what denying Medicaid funding 7 for abortion would actually do. 8 What it would do is it would set 9 up a class system in which whomever was entitled 10 to make use of the law as it stands now would be 11 able to do so, but it would be economic. It 12 would be the economic choice of those who can 13 pay as opposed to those who can not pay. Now, 14 for those who can not pay, we have a Medicaid 15 system that exists right now. It is a health 16 care benefit for those who are indigent and 17 needy and would require this type of 18 assistance. 19 What we would be doing by 20 enacting this piece of legislation is, in a 21 sense, sending a message to those individuals 22 that because we who happen to be in the minority 23 because we have not changed the law have the 8101 1 ability to control the purse strings, we will 2 impose our value on you, again, even though if 3 you had the resources, you could under the laws 4 of this land receive an abortion, and so I think 5 this is one of those things that occurs when 6 people feel strongly about an issue and they see 7 it as a matter of principle; and, yet, what is 8 being missed is the fact that the major battle, 9 the one that I guess would reverse Roe v. Wade 10 has not been effected; so, therefore, everything 11 short of it must be employed; and in this case, 12 I think it is an inappropriate application of 13 that desire. 14 I certainly respect those who 15 feel the way they feel. It is a heartfelt issue 16 to the people who feel it, and it is one that 17 all of us have to consider on both sides whether 18 we are pro-choice or we are pro-life, and I 19 think that it is something that in this bill 20 inures to the detriment when we are actually 21 asking that incest victims or rape victims only 22 can be eligible to receive an abortion if they 23 report this case to law enforcement. 8102 1 When you report a matter to law 2 enforcement, you become the complaining 3 witness. It is now not only the victim versus 4 the perpetrator, it is now society versus the 5 perpetrator, and a lot of measures can be used 6 by a district attorney against a complaining 7 witness who happens to be reporting it not 8 because they want to bring a case but because 9 they want to exercise a right that they have 10 under our legal system. 11 So see how we have complicated it 12 in this bill. I am relieved to see that we have 13 at least corrected the legislation, and I 14 congratulate Senator Farley for seeing through 15 the legislation last year and amending it, 16 because, last year, we mandated that there be a 17 48-hour contact between the rape victim and the 18 incest victim and law enforcement, dismissing 19 the fears, the anxieties, all of the trauma that 20 would accrue after such a tragic situation in 21 the victim's life; and so this bill that is 22 crafted out of sensitivity to life, in many 23 respects, does not demonstrate the real caring 8103 1 for the abused individual, that woman or that 2 child who has been the victim of a horrible rape 3 or incestuous situation. 4 It is just not regarded in this 5 legislation because, again, we are making the 6 individual go to a law enforcement authority 7 rather than a child welfare agency, a social 8 service agency, some alternative hot line that 9 we could set up if this was actually how we 10 wanted to effect this; and so for those who feel 11 passionately about the issue, I would admonish 12 them that even in the bill as it is constructed 13 technically, we do not see any type of real 14 remedy for the victim of the actual crime so 15 that the victim can avoid having to go through 16 with an actual pregnancy and then giving life 17 and having to live with this problem for the 18 rest of their life. 19 In cases where the amniocentesis 20 test is conducted and the woman recognizes that 21 there is a significant fetal deformity, this 22 bill doesn't address that either. That is just 23 something that the woman has to live with, even 8104 1 though there is really no chance of any life or 2 meaningful existence coming out of this actual 3 pregnancy; and so, in spite of the technical 4 deformities that I think exist in the bill, I 5 understand the spirit of it. 6 I understand the beliefs and 7 certainly share in the concern. I don't know 8 that any of us can stand here and be 9 significantly convinced that we are right and 10 that anyone else is wrong on an issue that is so 11 highly charged, that is so highly principled, 12 and an issue that has meant so much to so many 13 people on either side. 14 But I would say that the real 15 discussion should focus on the actual issue of 16 whether or not we are going to allow for 17 abortions in this country and not any attempt to 18 subrogate the actual effect of a Supreme Court 19 decision and legislation that exists in this 20 state by trying to deny those rights to 21 individuals who in any other medical situation 22 that would be analogous to this would be 23 eligible for this procedure, and so I'm going to 8105 1 be voting no, Mr. President. I urge my 2 colleagues to do so as well. For those who do 3 not, I certainly respect and understand their 4 position, but I think that this is the wrong 5 method to actually make a change in what is now 6 a 23-year-old law in this country if that is 7 going to be the desire of those who oppose a 8 woman's right to choice. 9 ACTING PRESIDENT KUHL: If the 10 members would suffer an interruption of this 11 debate, I would like to announce that the 12 Majority Leader has arranged for dinner to be 13 brought in, as you now may know. Dinner is now 14 ready to be served to those members only who 15 would like to partake in it at this time. We 16 ask that only members go for dinner at this time 17 to try to accommodate the debate schedule to 18 keep things rolling along. As soon as the 19 members are finished, then we will notify the 20 staff that they are entitled and that the dinner 21 is available for them, too. 22 Hadn't thought about that, 23 Senator Waldon. What reminded me of making this 8106 1 announcement is I heard Senator Paterson mention 2 it at one time when he said -- he said, "My 3 father always said you can call me anything but 4 never call me late for dinner," so that's why I 5 wanted to make the announcement at this time. I 6 didn't want any of you to be undernourished when 7 you entered the debate this evening, so - 8 The next person on the list - 9 and this was not personally intended toward you, 10 Senator Oppenheimer. I didn't want the chamber 11 to vacate, but it just so happens you are the 12 next speaker on debate. 13 Senator Oppenheimer on the bill. 14 SENATOR OPPENHEIMER: As 15 everybody pours out of the chamber to go eat. 16 Thanks. 17 Well, eliminating this funding 18 would really cut the heart out of New York's 19 pro-choice policy. It's a policy which is 20 seeking to provide access to all women who are 21 forced to make this very personal, very 22 disturbing decision. The policy, really -- this 23 bill before us really would cut the heart out of 8107 1 pro-choice because the fact is the well-to-do 2 woman is able to take care of the problem 3 herself. It is the poor woman that we have to 4 worry about in our state. 5 The inclusion of abortion within 6 New York's Medicaid system is positive proof 7 that New Yorkers recognize and have recognized 8 for these many years before Roe versus Wade that 9 tolerance plays an important part in building a 10 civilized society. 11 This Medicaid program was 12 designed to equalize the medical services so 13 that we could protect poor women's health, as 14 well. Poverty should not deprive women of their 15 legal rights. Abortion is legal, as Senator 16 Paterson has said, but these legal rights would 17 be utterly useless to those who are financially 18 not able to exercise them. 19 Abortion is not a luxury item. 20 It is considered a component of women's health 21 care and medical service and should not be 22 excluded from those services. It safeguards a 23 woman's health. The very private decision of 8108 1 whether to carry a pregnancy to term should be 2 reached by a woman in consultation with her 3 doctor, with her partner, considering her 4 religious, her emotional positions and 5 circumstances, her family circumstances. It 6 should not be a condition of what her economic 7 status is. 8 It is a fair and a just policy 9 that New York has had for many years and it is 10 an enlightened policy; and in the milieu in 11 which we find ourselves -- it happens to be an 12 economically wise decision -- looking solely at 13 a budget is not the way I look at it nor most of 14 my colleagues who are interested in this issue 15 look at it. 16 This policy has been of 17 longstanding in New York state, and we don't 18 want to jeopardize the already fragile health of 19 many of our poor people. 20 Don't go away. I'm not finished. 21 In the past, access to these 22 funds has stemmed the tide of welfare dependency 23 and has curbed the trend somewhat of children 8109 1 having children in our state, even though it 2 remains a problem of enormous magnitude in our 3 state and is the reason that my task force on 4 women's issues is currently going around the 5 state on the issue of adolescent pregnancy 6 prevention. 7 Without Medicaid funded 8 abortions, increasing numbers of our State's 9 poor youth will have their futures utterly 10 foreclosed. They will be swallowed up by the 11 web of dependence -- welfare dependency, and 12 their children will face a world of hardship and 13 despair. Medicaid funded abortions have been an 14 essential part of the arsenal in this fight 15 against poverty. It has helped stop many babies 16 from being born into poverty. It has aided many 17 a young woman in getting a second lease on 18 life. 19 Prior to 1970, the poor suffered 20 disproportionately high maternal and infant 21 losses due to illegal abortions. Poor women are 22 more vulnerable to pregnancy complications and 23 death due to poor nutrition, anemia, and 8110 1 excessive births. Their babies are more likely 2 to be born premature, of low birth weight and 3 with birth defects or mental retardation. 4 Considering the thrust that the 5 Governor had in his budget to cut back AFDC 6 monies by 15 percent, it should be noted, but 7 let me again reiterate, this is not of the 8 concern to the advocates that it seems to be to 9 the Governor, but in New York State, the average 10 Medicaid abortion costs only a little over $300, 11 but the first year of public expenditures for 12 AFDC alone costs nearly $4,000 for each poor 13 woman who carries to term; and, here, we are not 14 mentioning maternity costs, pediatric care, 15 long-term costs for social services, food 16 assistance, housing. We're not considering 17 that. 18 Let me mention that currently, 19 there are thirteen states that pay for all 20 medically necessary abortions for low income 21 women. Of these, seven state legislatures voted 22 to pay for all medically necessary abortions, 23 and I would like to read their names. This is 8111 1 Alaska, Hawaii, New York, Maryland, North 2 Carolina, Oregon, Washington and West Virginia. 3 There are five other states that are paying 4 under court order, and these states are 5 California, Connecticut, Massachusetts, New 6 Jersey and Vermont. 7 I would also like to take a 8 moment to mention just a few of the supporting 9 organizations, and these are only mentioning 10 perhaps 20 percent of the names of organizations 11 that support Medicaid funding for abortion: 12 The American Association of 13 University Women; the American College of 14 Obstetricians and Gynecologists; American Jewish 15 Congress; Columbia University Health Service; 16 Committee on Women and Children, the Presbyteria 17 of Western New York; District Council 37, 18 AFCSME; Episcopal Diocese of New York, 19 Federation of Protestant Welfare Agencies, 20 League of Women Voters of New York State; 21 National Association of Social Workers; National 22 Council of Jewish Women; New York City Health 23 and Hospitals Corporation; New York State 8112 1 Council of Churches; New York State Republican 2 Family Committee; and many, many of the YWCA's. 3 In fairness, in consideration of 4 economic equity, in consideration of the very 5 policy which the Supreme Court has enunciated, 6 eliminating this funding would really eliminate 7 the pro-choice policy in this state. We have an 8 enlightened policy that has been going on for - 9 I guess it's 1972. We're proud of it. We hope 10 to maintain it. 11 Thank you, Mr. President. 12 ACTING PRESIDENT VOLKER: Senator 13 Abate on the bill. 14 SENATOR ABATE: Like many of my 15 colleagues on either side of this issue, I, too, 16 feel very strongly, and I want to be on record 17 as to my opposition to this legislation. 18 I think we can not confuse - 19 having Medicaid funding available to women does 20 not say to women they must have an abortion nor 21 does it say to women they must have children. 22 What it says to women, whether they be rich or 23 poor, that they have a choice; and that's what 8113 1 the law of the land says, that, as a woman, you 2 have a choice what you wish to do with your body 3 and whether or not you wish to bring a child to 4 life or terminate that birth; and so the law of 5 the land says that that woman has a right; and 6 if we eliminate Medicaid funding for abortion, 7 there are two messages. One message is, "If I 8 am a rich woman, I can afford to go to a doctor 9 and get an abortion," and the second message is 10 to that poor woman, "Yes, the law of the land 11 gives you the right but not the opportunity to 12 have that right in practicality; and if you are 13 poor, you will not be able to have an abortion." 14 So someone mentioned that, "Well, 15 what's happening in all these other states? 16 We're not hearing horror stories because poor 17 women do not have access to abortions," and we 18 only have to look in our recent history in New 19 York State when abortion was once illegal and 20 what did poor women do, because poor women then 21 did not have access to abortions. They went to 22 what we call the underground doctors, people who 23 weren't prepared, did not have medical degrees, 8114 1 that resulted in late and illegal abortions, 2 resulted in death and mutilation; and for those 3 women and poor women who could not access 4 abortion, it resulted in unwanted births. 5 If you look at the bill itself, 6 though, the exceptions that are drafted I have 7 problems with, even though I'm opposed to the 8 legislation. There is a misunderstanding, if 9 you look at pregnancy which is the result of 10 rape or incest which has been reported to a law 11 enforcement agency for investigation. This bill 12 recognizes that abortions and Medicaid funding 13 should be available for that purpose, but what 14 it fails to understand is that many women who 15 are raped or victimized through incest do not 16 report these cases to law enforcement agencies. 17 If you look at statistics, if you talk to the 18 police, both of these crimes are among the most 19 unreported crimes to law enforcement. Many of 20 these women who suffer do not go to the police 21 but they go to the hospital or a family doctor 22 or a social service agency. So even in these 23 exceptions, there is a flaw. There's nothing 8115 1 about fetal deformity within any of these 2 exceptions. 3 I would like to cite four case 4 histories, and they are actual case histories of 5 women upstate who were poor, that under the 6 current Medicaid policy they were able to get 7 abortions; but if the policy changed and 8 Medicaid funding was not available, all four 9 cases that I will describe would have to bring 10 their babies to birth, the fetuses to birth. 11 Let me give the four examples. 12 A 27-year-old woman with four 13 children, the youngest of whom, age 10 months, 14 has been hospitalized since birth. This woman 15 finds she's pregnant again; and as a result of 16 learning this, her husband becomes abusive and 17 violent towards her and the children. Because 18 of the consequences and the situation in her 19 home and the fact that she has a child who is 20 already sick and hospitalized, she sought an 21 abortion and because there is Medicaid funding, 22 she got it. 23 Second example, a teenager whose 8116 1 mother is dead and father unknown spent 12 of 2 her 16 years in a foster home. Once pregnant, 3 she becomes depressed and suicidal. She, too, 4 under the current law has the opportunity to 5 seek an abortion. 6 The third example, a woman of 20 7 suffers from muscular dystrophy and finds it 8 difficult to care for her 18-month-old child. 9 If she carries this pregnancy to term she could 10 be crippled. She chooses an abortion; and, 11 again, under the exception it's an abortion 12 that's medically necessary to save the life of 13 the mother. Under this exception, even this 14 woman would not be eligible for funding, 15 Medicaid funding. 16 And the third example is a 17 43-year-old pregnant woman who, because of her 18 age, undergoes amniocentesis to test for fetal 19 defects and Down's syndrome is discovered. She 20 decides to terminate and because, now under 21 Medicaid funding, if that were eliminated, she 22 too would not have choices in her life. 23 So what we are asking is that the 8117 1 law of the land is available to poor women as 2 well as rich women. It is not only a legal 3 issue, it's a moral issue in my mind. It's a 4 human issue, and it's also one of a good sound 5 health policy. 6 If we eliminate this right to 7 abortion for poor women, we will be jeopar 8 dizing, I believe, the health and safety of 9 women. We will be taking sound choices away 10 from her, and I know as a woman I am offended 11 because I do not and, if I were a poor woman, I 12 would not want someone to say to me because you 13 are poor, you do not have choices over your body 14 and you can not make rational choices as to your 15 life. 16 I firmly oppose this 17 legislation. 18 ACTING PRESIDENT VOLKER: Senator 19 Dollinger on the bill. 20 SENATOR DOLLINGER: Mr. 21 President, I'll be very brief. My views on this 22 bill are well known. I'll simply cap the 23 comments made by my colleagues by saying one 8118 1 thing I will not do, and I've said this since I 2 was first elected to government, is I'm not 3 going to force women into back alleys for $50 4 abortions that will threaten their lives. I'm 5 not going to make doctors into liars and have to 6 say that they -- their patient is under medical 7 necessity for an abortion when it may not be 8 true, but they know they have to say it in order 9 to be able to get Medicaid funding. 10 I'm not going to make poor women 11 into liars who will have to report rapes to the 12 police so that they can be investigated because 13 they know that that's the only way they can get 14 funding for abortion from the government. 15 What I have vowed not to do is to 16 take the curse of poverty and turn it into the 17 tragedy of women's health, and I don't believe 18 that we should put women back into the dilemma 19 that they had before Roe against Wade, which was 20 that they had to seek back alley solutions for 21 their personal choice. I will not do it. I 22 don't believe we as a state should do it. I 23 don't believe, no matter what the other 43 8119 1 states do and no matter what the federal 2 government does, this is not the right thing to 3 do; and I stand here firmly to say that we ought 4 to provide the same choices for poor women that 5 we provide for women of means; and I remain 6 firmly committed to not bring back the horrors 7 to women who were exercising choice before Roe 8 against Wade. Poor women in this state deserve 9 better. 10 ACTING PRESIDENT VOLKER: Senator 11 Maltese on the bill. 12 SENATOR MALTESE: Mr. President, 13 I've heard my Senate colleagues refer to the 14 primacy of the health of the mother and the 15 detriment, the harm that would be done to the 16 mother if they were not permitted to go forward 17 with these abortions; yet, taking that as an 18 issue of and by itself, medical opinion seems to 19 indicate -- and I quote from a book that seems 20 to be accepted in the field, Human Reproduction 21 by Grimes and Kates, that abortion methods - 22 I'm sorry. I'm trying to cut it down so it 23 would be somewhat shorter. "Delayed or 8120 1 long-term complications affecting future 2 pregnancies and reproductive health ranges from 3 17 to 50 percent. The actual complication rate 4 is estimated to be far higher because most 5 complications go unreported. Clinics, where 90 6 percent of abortions are done, are not required 7 to report complications and rarely do so." 8 In addition, Mr. President, we 9 hear from the proponents of this funding about 10 the rights of citizens, in this case the women 11 seeking abortions. We hear nothing, and this is 12 perhaps not the bill to speak of it, although I 13 feel it's always the time to speak of it - 14 nothing about the rights of the unborn children 15 that are terminated by this procedure. 16 But if we take simply the rights 17 of the women, how can we match that against the 18 rights of all the people of the State of New 19 York, many of them people of conscience, who 20 object to their tax money being paid for 21 abortions on other people. If this is a 22 question of conscience, let all these proponents 23 of utilizing that taxpayers' money dig into 8121 1 their own pockets. They speak of interference 2 with a woman's womb. What about the 3 interference with the taxpayers' pocketbook? 4 We have in New York State an 5 ever-rising amount being paid for these Medicaid 6 funding of abortions. Wouldn't it be far better 7 if these same funds were diverted to care for 8 the homeless, to care for many of the 9 unfortunates that we hear of daily in these 10 chambers from many of the same people urging 11 this funding for abortions? 12 We have seen ever-increasing 13 abortions so that in 1992, we had some 48,500 14 Medicaid abortions to the extent of $21 million 15 of taxpayers money. In 1993, one of the last 16 years that we have figures for, we have 49,000, 17 almost 50,000 Medicaid abortions with a funding 18 of over $26 million that could be put to far 19 better use. 20 We hear of back alley abortions. 21 I ask you, Mr. President, how much better are 22 these abortion clinics that take no heed of 23 their patients, care not for past history, 8122 1 medical or otherwise, and churn out abortion 2 after abortion. Can these physicians be termed 3 ethical practitioners? I say not. 4 We have ever-rising costs for 5 Medicaid abortion, so that in '93 we had roughly 6 $432 per abortion. That's a decided increase 7 over prior years. 8 But I'm not saying that this 9 should be evaluated solely on the question of 10 funding or financing. What I'm saying is, there 11 is no reason that we should be out of step with 12 the majority of states, that we should be one of 13 six or seven states that insists on funding 14 these abortions, these elective abortions for 15 persons who feel they can not afford it. I'm 16 simply indicating that these are the same 17 do-gooders who feel that they can dip into the 18 pockets of many of my constituents who, in 19 conscience, oppose abortion and do not feel any 20 part of their taxpayer funds should go to fund 21 what they consider the killing of innocent 22 babies. 23 Mr. President, I feel we're 8123 1 taking a wrong step when we continue to fund 2 these unnecessary elective abortions. We have 3 chosen -- we have taken cognizance of the pleas 4 of our colleagues and others who have said and 5 spoken of traumatic injury to women who did not 6 comply with the prior legislation that we have 7 in this house that mandated a reporting to 8 proper authorities within 48 hours. So this 9 bill now could be called by many of the people 10 who agree with my point of view a watered-down 11 version, but take it as a humanitarian gesture. 12 So now all we require is a 13 reporting, a mere reporting that could be done 14 at any time up to the induced abortion, and yet 15 we hear the same thing now that we heard in 16 prior years, the same objections to the 48-hour 17 requirement, that these persons can not go and 18 report whether it was a rape or an incest. 19 Mr. President, this is not a 20 proper use of taxpayers' money. It is not a 21 proper use of the money of taxpayers and 22 residents of this state and residents of my 23 district who feel, in conscience, that abortion 8124 1 should not be performed by the State of New 2 York. 3 ACTING PRESIDENT VOLKER: Senator 4 Waldon on the bill. 5 SENATOR WALDON: Thank you very 6 much, Mr. President. My colleagues have really 7 addressed the major concerns regarding this 8 issue and I think most eloquently. 9 I would like to especially praise 10 what Senator Oppenheimer said and the manner in 11 which she said it and as well my Republican 12 colleague across the aisle, Senator Roy Goodman, 13 the esteemed legislator from the island of 14 Manhattan; and so I speak not to be redundant 15 and not to be repetitive but because I believe 16 the issue is of such great importance that I 17 would be remiss in not adding my voice to this 18 debate. 19 Clearly, the law of the land 20 allows for abortions, and it has not changed 21 despite what 43 states, as Senator Farley shared 22 with us, have chosen to do. 23 Clearly, those of us who can 8125 1 recall back alley abortions and the damage that 2 it did to the human equation do not, despite our 3 political position on this issue, wish this 4 nation and this state to return to, I am sure. 5 Clearly, this is a moral issue. 6 I am also Catholic. Those of us who listen to 7 our religious drummer come down oftentimes on 8 opposite sides of the issue though we practice 9 in the same church, perhaps even in the pew next 10 to each other. 11 However, when I hear the argument 12 that this is costly, I'm befuddled because if we 13 were doing it strictly with sensitivity to the 14 budget process this is much less costly than 15 forcing a young girl who is often a child 16 herself to bear the child in a poor circumstance 17 which will allow -- not allow, I should say, the 18 child to be all that he or she can be, and that 19 child will grow up to be a burden perhaps on 20 society. 21 I want to make it very clear. 22 I'm not saying that every child who is born to 23 someone who's poor is destined to end up in the 8126 1 criminal justice system. That is not true. No 2 one was poorer than I as a child or Lenny 3 Wilkins, who lived around the corner from me. 4 Welfare -- Frank Thomas, President of the Ford 5 Foundation, he made a success of his life 6 despite growing up in the abject poverty that 7 was Pachen Avenue and Madison Street Park, 8 Halsey Street Park; Clyde Lord, who is an 9 anesthesiologist now; Vinnie Cohen, even though 10 his last name is Cohen, he is a black man who is 11 now a partner in the Bennett Williams firm in 12 Washington, D.C. 13 These are all success cases but 14 the exception to the area which spawned us. So 15 every child born in poverty will not be 16 subjected necessarily to the pitfalls of the 17 criminal justice system, but sometimes it does 18 happen; and so I believe that if the young 19 person who is all too ill-prepared to bear the 20 child should wish to abort, then we should allow 21 that to happen even if we're looking at it only 22 from a monetary perspective. 23 I would like to look at it from 8127 1 the perspective of it is the law. It is the 2 right thing to do. Some people say this is a 3 woman's issue. I believe it is a people's 4 issue. It's a people's issue, not just a 5 woman's issue, but certainly the woman should 6 have choice and be in control of her body and 7 what she wants to do regarding the child that 8 she's carrying, and I don't think I as a man, 9 though elected by 300,000 people, should 10 interfere with that very private and personal 11 decision. 12 What I say here today won't 13 change a thing. Won't change a thing. It's as 14 if I'm flailing against the wind. Who am I to 15 blow against the wind? But I must say what I 16 must say because this issue is too important not 17 to have been heard. 18 So I would encourage my 19 colleagues not to do what is wrong in my opinion 20 but to do what is right in terms of choice by 21 women, to do what is right in terms of our 22 budgetary concerns and to do what is right in 23 regard to the law of the land. 8128 1 I have great respect for Senator 2 Farley. He knows that, and all who know me know 3 I have great respect for him, but I must differ 4 with him on this issue. 5 Thank you, Mr. President. 6 ACTING PRESIDENT VOLKER: Senator 7 Marchi on the bill. 8 SENATOR MARCHI: Mr. President. 9 This is a very delicate, difficult issue that 10 has troubled us for many years. If we go back 11 to the Hippocratic oath, which was the oath 12 taken by practitioners of the healing arts from 13 the years 200 or 300 B.C. until 1960, just a few 14 years ago, there was an oath taken by every 15 single physician, the physician who delivered 16 me. Whatever their religion or absence of 17 religion, every physician took that oath; and 18 with respect to caring and nurturing, most of us 19 for some periods of our lives were completely in 20 the hands of physicians that had taken that 21 oath. 22 What did it signify? What was 23 their estimate? Now, there have been very 8129 1 sensitive observations made by Senator Paterson 2 when he said the issue was really on the 3 centrality of the appropriateness, of the 4 rightness or wrongness of abortion itself. What 5 is the unborn? Is it something that is totally 6 available and preempted by reproductive rights 7 under that banner? Does it have any 8 significance? Do we owe anything to the unborn 9 at any stage of that development? 10 And that is the subject that we 11 have not answered very clearly. There has been 12 even in contemporary society where we have been 13 not consistent, even those of us, as I do -- I 14 oppose abortion. But there has not been a 15 consistent point of view because the very 16 medical insurance that we are covered with 17 provides for the expense of an abortion. These 18 laws, the contribution and the regulation of the 19 rates of reimbursement, are governed by the 20 public. We accept these policies. So in some 21 ways we've been had in that sense. 22 Most people are covered by 23 private insurance coverage, which is sanctioned 8130 1 and regulated by the state. So in a way, we are 2 part of that picture, but it still fails to 3 answer the question what importance we attach to 4 the unborn. Does it have any rights at all? I 5 think it's too simplistic to say that those 6 rights are completely preempted by reproductive 7 rights. 8 So it's a very, very difficult 9 issue, and I have to agree with Senator Paterson 10 and to some extent Senator Waldon when the 11 question is taken up, what can we -- what is our 12 answer? I don't think this is the ideal way of 13 tackling it because it doesn't attack the basic 14 issue, but it is the only way in which we can 15 address a feeling at this point. 16 Our jurisprudence was settled 17 some 20 years ago, and I suppose it took a very 18 decided turn when Justice Souter came on the 19 bench and gave it its last definitive twist, but 20 we have this great problem. It's the only way 21 we can speak to the very issue of abortion. 22 It's not about the funding. It's not about 23 financing. It's not about a lot of things, but 8131 1 it is the vehicle by which we express our 2 feelings on the rights of the unborn. 3 And for this reason, Mr. 4 President, I am going to vote for this bill. 5 ACTING PRESIDENT VOLKER: Senator 6 Espada on the bill. 7 SENATOR ESPADA: Thank you, Mr. 8 President. 9 ACTING PRESIDENT VOLKER: Senator 10 Espada on the bill. 11 SENATOR ESPADA: Thank you, Mr. 12 Volker. 13 I, too, didn't mean to debate, 14 don't have much to add to the actual coverage, 15 but I must confess that I have been ambiguous at 16 times about not this issue as the debate 17 indicates, but I have resolved that issue by, 18 you know, I may have differed with reasonable 19 men on the issue of reproductive rights and 20 abortion, but that's all it is. It's an 21 opinion. It's an opinion that must always come 22 in second place to a fundamental right that 23 belongs to a woman -- to my wife, to my mother, 8132 1 -- to abort, and it has to stay that way. 2 We can have passionate debate on 3 it, but it's a woman's choice. I must also say 4 that the moral inconsistencies are somewhat 5 frightening. Someone close to me, I used to pay 6 close attention to them and especially on this 7 issue because I confessed my ambivalence, but he 8 sought some consistency here. He said, You know 9 why we fight for the unborn. We pass death 10 penalties. Why we fight for the unborn we pass 11 a death penalty of sorts, a life of poverty and 12 neglect onto children, babies. 13 We just passed a bill a little 14 while ago that essentially would not provide 15 welfare, Medicaid, basic subsistence to babies 16 that are born, to babies because we said that 17 that wouldn't be right. 18 SENATOR MARCHI: Mr. President. 19 ACTING PRESIDENT VOLKER: Senator 20 Marchi, why do you rise? 21 SENATOR MARCHI: I just wanted to 22 -- you were aware of the fact that I did vote 23 against the death penalty. 8133 1 SENATOR ESPADA: I'm not -- I 2 only address - 3 SENATOR MARCHI: You know that. 4 SENATOR ESPADA: Yes, I do; yes, 5 I do. 6 ACTING PRESIDENT VOLKER: Senator 7 Espada, on the bill. 8 SENATOR ESPADA: So the 9 inconsistencies are equally upsetting as well as 10 to weigh this in terms of just a moral issue. 11 But it is not a moral issue because we have 12 heard debate about the fact that it's really an 13 abortion versus reproductive rights issue, and 14 we've also heard about how this is the vehicle. 15 What is the vehicle? The vehicle is picking 16 apart women to make our case about abortion and 17 I think that is immoral because, if you have a 18 case, you have a case. We just don't pick on a 19 sector that is of least resistance, the least 20 organized lobby up here, because it will make 21 their case. 22 I think that not only is in 23 consistent; it is totally immoral, and so we 8134 1 come back to this whole issue of this bill. 2 It's immoral in its purpose and what it says on 3 its face, and it conditions it on what is called 4 a medical necessity. We should not play God nor 5 should we not play physician here. What is a 6 medical necessity? Is it just based on what our 7 physical, medical condition or by psycho 8 social, by family, what about a whole set of 9 complex issues which, according to this bill, do 10 not enter into the equation, into the decision 11 that a physician and a family must make. 12 So it is very narrow, although it 13 seeks to make a very broad sweep, and a comment 14 on our morality and our women's rights and for 15 those reasons, I have to tell you that I must 16 vote no. 17 Thank you, sir. 18 ACTING PRESIDENT VOLKER: Senator 19 Farley to sum up on the bill. 20 I'm sorry. Senator Montgomery. 21 I didn't realize. Senator Montgomery, on the 22 bill. 23 SENATOR MONTGOMERY: Yes, Mr. 8135 1 President. Thank you. I just want to speak 2 very briefly on this legislation. 3 As I said last year when the same 4 bill came up, and I believe Senator Farley was 5 the sponsor of that legislation last year, I 6 take the same position that this is, in my 7 opinion, anti-women, and more significantly it 8 is anti-poor women. 9 This is legislation which 10 represents, I believe, the notion that women do 11 not have the right to decide what to do with 12 their own body. They should not have a choice 13 in the matter of whether or not to bear a child, 14 and since it is their constitutional right to do 15 so, there are those among us who look for ways 16 to curtail that constitutional right and I view 17 this legislation as one of those measures. 18 I think that, as we try to 19 address the issue of preventing unwanted 20 pregnancies in the first place, and as we try to 21 address the issue of making health services 22 available to young women, to poor women, there 23 are those who also oppose us doing that. 8136 1 We do not have at this moment - 2 I realize that there is legislation, I believe 3 it's sponsored by Senator Cook in our house and 4 the chair of the Health Committee in the 5 Assembly, legislation that would make available 6 to young people in this state primary health 7 care and education services in their schools on 8 a permanent basis as a permanently funded 9 program by the state of New York. That 10 legislation has not seen the light of day. It 11 has not been brought to the floor of this 12 house. So if you really want to address the 13 problem of unwanted pregnancies, why don't we do 14 it in such a fashion that it can be prevented? 15 We have people who are opposed to 16 reproductive rights and counseling, opposed to 17 young people having access to information about 18 how to prevent premature pregnancy, how to 19 prevent a contact with sexually transmitted 20 diseases including AIDS and others, people who 21 are adamantly opposed to young people in 22 particular having information in the same way 23 that they are opposed to women having access to 8137 1 reproductive health services. 2 And, Mr. President, I know that 3 although we are talking about Medicaid funded 4 abortions, that is not the ultimate motivation. 5 The ultimate motivation is to deny women 6 reproductive services in general. So this is 7 just symbolic. It's not an agreed upon measure 8 at all. It's a measure that's introduced year 9 after year after year because it satisfies the 10 need for some people to -- to say symbolically 11 that they are anti-women. It satisfies a 12 certain -- a certain group in the state whose 13 philosophies are reinforced by this measure but 14 it is wrong, and every year we debate it and 15 every year I will continue to say that this is 16 the wrong thing to do. It is not in keeping 17 with what New York State represents, and that is 18 a progressive attitude about all of the people 19 in our state and their rights, including and 20 especially women. 21 So I'm opposed to this 22 legislation, and I hope that my colleagues will 23 stand up, stand up and say in no uncertain terms 8138 1 that we in this Legislature respect and regard 2 the right of women in New York. 3 Thank you. 4 ACTING PRESIDENT VOLKER: Senator 5 Farley -- Senator DiCarlo, on the bill. 6 SENATOR DiCARLO: Mr. President, 7 I wasn't going to speak on this bill, but the 8 statement that just came from my colleague I 9 think demands a response of some kind. 10 Those of us who vote for this 11 bill are not anti-women. The abortion issue is 12 a very difficult issue for a lot of people. For 13 those of us who believe that the unborn child, 14 the fetus, is a human life, take that very 15 seriously and those who believe as you do in the 16 right to abortion take it very seriously also. 17 If you believe that the unborn child is human 18 life, in my opinion, you must be opposed to 19 abortion plain and simple. If you don't believe 20 that it is human life, then I can understand 21 your position, but to say that those of us who 22 support this legislation are in some way anti 23 woman, I think, is a statement that demands a 8139 1 rebuttal, and I would support this legislation. 2 ACTING PRESIDENT VOLKER: Senator 3 Farley, to sum up. 4 SENATOR FARLEY: Thank you, Mr. 5 President. 6 I won't go over everything that I 7 said in -- on the opening of this, but I would 8 like to compliment my colleagues because I have 9 heard this debate close to 20 years, and some 10 times it got very rancorous and personal. This 11 has not been the case. 12 Let me say that I feel very 13 deeply on the sanctity of life personally, and I 14 don't really see this bill as one that is overly 15 pro-life. As a matter of fact, it's a very 16 modest approach. It's a budget bill, if you 17 want to think of it as such. It says that this 18 state of New York is number one in all the wrong 19 places. It spends $26 million on Medicaid 20 abortions. 43 states do not take this 21 approach. 43 states say that they will pay 22 under the federal guidelines for rape, incest 23 and the life of the mother. 8140 1 This legislation brings us into 2 conformity with the rest of the nation. We can 3 do that in a lot of areas and I think be better 4 off. 5 I feel very deeply on this issue 6 and I just want to repeat a little call that I 7 got a few years ago from a reporter who was 8 quoting an elected official, rather significant 9 elected official. He said, "Senator Farley, so 10 and so said on abortion you either pay for 'em 11 now or you pay for 'em later. What do you think 12 of that statement?" 13 I said, "I think it's a 14 disgusting elitist statement." I grew up poor, 15 the seventh child in a family. I didn't end up 16 on welfare. I'm -- our Majority Leader, Senator 17 Bruno, grew up poor as poor can be. He didn't 18 end up on welfare. 19 What we're talking about is the 20 right for -- we're not talking about somebody 21 outlawing abortion, which always seems to come 22 up during this -- this debate. We're saying 23 unfortunately life is not fair. Medicaid 8141 1 doesn't pay for everything. We spend, and it's 2 been said before, we spend more on Medicaid than 3 the states of California and Texas combined. 4 This is just one other area where we're way out 5 of line. 6 This is a reasonable bill. It's 7 one that is going to pass, I hope. It's one 8 that is going to go over to the other house and 9 be alive, and I certainly hope that you might 10 want to support this legislation because, as 11 I've said before and I cherish and I'm grateful 12 for every vote for this, because there's a 13 number of pro-choice people that are voting for 14 this legislation because they believe that it's 15 the right thing to do fiscally. 16 As I said, abortion is a personal 17 and a private decision. It should be paid for 18 by personal and private funds. 19 I'm going to vote aye, and I'd 20 like the last section to be read. 21 ACTING PRESIDENT VOLKER: Read 22 the last section. 23 SENATOR PATERSON: Slow roll 8142 1 call, please. 2 ACTING PRESIDENT VOLKER: Slow 3 roll call called for. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VOLKER: Slow 7 roll call called for. Five members stand. O.K. 8 Read the roll slowly. 9 THE SECRETARY: Senator Abate. 10 SENATOR ABATE: No. 11 THE SECRETARY: Senator Babbush. 12 (There was no response. ) 13 Senator Bruno. 14 (Affirmative indication. ) 15 THE SECRETARY: Aye. 16 Senator Connor. 17 ACTING PRESIDENT VOLKER: Senator 18 Connor to explain his vote. 19 SENATOR CONNOR: Thank you, Mr. 20 President. 21 We've had this measure year after 22 year now for many years, and I still can't see 23 the logic on the part of someone who is opposed 8143 1 to abortions in saying let's cut it off for the 2 poor women because it's state funds when, in 3 fact, the state's fiscal system provides part of 4 the cost of health insurance for employees of 5 the state, for employees and family members of 6 all of us here, and those insurance benefits 7 include the right to abortional services. 8 So given that fact, the only 9 distinguishing feature between what this bill 10 would have done and the fact that those other 11 services would continue to be paid for, for the 12 family and staff of members of the Legislature, 13 is that poor women somehow or other ought to be 14 denied paying reimbursement to their service 15 providers for medical services that the Supreme 16 Court has ruled are available, are legal and are 17 the right of women to choose. 18 The fact is that in our state and 19 in our society, many people conscientiously 20 believe that abortion is wrong, but they are by 21 no means in the majority nor when we do polls 22 does that translate to a majority of the opinion 23 among the public. Logical consensus are not 8144 1 moral positions in our state, and our nation. 2 The Supreme Court has rightly set 3 forth that it's a matter of conscience and the 4 right of women to freely choose between them and 5 their -- the advice they receive from their 6 physician. It is not the business of the 7 government to be in anyone's personal private 8 life to that extent of denying that choice, and 9 I respectfully submit that it's not the business 10 of the state of New York to say to poor women, 11 you can't have a right to be exercised the way 12 middle class and wealthy women have a right, and 13 you can't say to these poor women, you can't use 14 a penny of state money when, in fact, the 15 hypocrisy is that state money does pay for 16 abortions for the staff and family members, and 17 so on, of all of our state workers including the 18 members of the Legislature. 19 I vote no, Mr. President. 20 ACTING PRESIDENT VOLKER: Senator 21 Connor in the negative. Continue the roll. 22 THE SECRETARY: Senator Cook 23 excused. 8145 1 Senator DeFrancisco. 2 SENATOR DeFRANCISCO: Yes. 3 THE SECRETARY: Senator DiCarlo. 4 SENATOR DiCARLO: Aye. 5 THE SECRETARY: Senator 6 Dollinger. 7 SENATOR DOLLINGER: No. 8 THE SECRETARY: Senator Espada. 9 ACTING PRESIDENT VOLKER: Senator 10 Espada to explain his vote. 11 SENATOR ESPADA: Mr. President, 12 by way of explanation, I think Senator DiCarlo 13 said it correctly, said if you're against 14 abortion then you are for this bill. You can 15 not be -- you cannot have your cake and eat it 16 too. You can't sit on both sides of the aisle. 17 Pro-choice people do not support this bill. If 18 you are pro-choice, you have to go -- to vote on 19 this bill, simple as all of that. 20 Just for the record, Medicaid and 21 the expenditure, the increased expenditures are 22 -- that go along with Medicaid have to be 23 understood before they attach. Medicaid is not 8146 1 a poor person's program. Medicaid in this state 2 is a middle class and upper middle class program 3 that is serving in place of a quality, a welfare 4 long-term policy, so let's be right about that, 5 but fundamentally you can not attach a price tag 6 to a fundamental right unconditionally as we're 7 about to do by passage of this bill. So I have 8 to vote no. 9 ACTING PRESIDENT VOLKER: Senator 10 Espada in the negative. Continue the roll. 11 THE SECRETARY: Senator Farley. 12 SENATOR FARLEY: I vote aye. 13 THE SECRETARY: Senator Galiber 14 excused. 15 Senator Gold. 16 (There was no response. ) 17 Senator Gonzalez. 18 SENATOR GONZALEZ: No. 19 THE SECRETARY: Senator Goodman. 20 SENATOR GOODMAN: No. 21 THE SECRETARY: Senator Hannon. 22 SENATOR HANNON: Yes. 23 THE SECRETARY: Senator Hoblock. 8147 1 (There was no response. ) 2 Senator Hoffmann. 3 SENATOR HOFFMANN: No. 4 THE SECRETARY: Senator Holland. 5 SENATOR HOLLAND: Yes. 6 THE SECRETARY: Senator Johnson. 7 SENATOR JOHNSON: Aye. 8 THE SECRETARY: Senator Jones. 9 SENATOR JONES: Explain my vote. 10 ACTING PRESIDENT VOLKER: Senator 11 Jones to explain her vote. 12 SENATOR JONES: Yes. Again we 13 are here discussing a very emotional issue, and 14 many people have certainly expressed the pros 15 and cons far better than I could. I think 16 something Senator Espada said is what always 17 comes home to me, that I truly believe these 18 things are a choice between yourself, your loved 19 ones and your God or however you need to make 20 that choice, but it is a choice that I as a 21 woman believe I have, and I believe that it's my 22 duty to make sure every other woman has that 23 same right. 8148 1 I will gladly join you in 2 promoting education that will help youth 3 understand the dangers of sex and the importance 4 of abstinence when they're not ready to take on 5 the responsibility of a family. 6 I'll join you in educating and 7 providing all women with whatever they need for 8 the tools for a safe sexual experience if that 9 be their choice. 10 I will join you in extolling the 11 virtues of family and the right of every child 12 to have a secure home with both parents there to 13 take care of them because that's really what we 14 need to be focusing on. 15 I say many times when you come to 16 the point of an abortion or not an abortion, 17 it's already too late. We've missed all those 18 other pieces that we should have been focusing 19 on. 20 But the part I won't join you in 21 is taking away this right of women to choose. 22 Again, it's a choice that they need to make 23 themselves and certainly this choice should have 8149 1 no bearing on economics. It is constitutional, 2 allowed to all women, and we have no right to 3 deny that choice to poor women. 4 I again vote no. 5 ACTING PRESIDENT VOLKER: Senator 6 Jones in the negative. Secretary will continue 7 to call the roll. 8 THE SECRETARY: Senator Kruger. 9 SENATOR KRUGER: No. 10 THE SECRETARY: Senator Kuhl. 11 SENATOR KUHL: Yes. 12 THE SECRETARY: Senator Lack. 13 SENATOR LACK: Aye. 14 THE SECRETARY: Senator Larkin. 15 SENATOR LARKIN: Aye. 16 THE SECRETARY: Senator LaValle. 17 SENATOR LAVALLE: Aye. 18 THE SECRETARY: Senator Leibell. 19 (There was no response. ) 20 Senator Leichter. 21 SENATOR LEICHTER: No. 22 THE SECRETARY: Senator Levy. 23 SENATOR LEVY: Aye. 8150 1 THE SECRETARY: Senator Libous. 2 SENATOR LIBOUS: Aye. 3 THE SECRETARY: Senator Maltese. 4 Senator Maltese. 5 SENATOR MALTESE: Aye. 6 THE SECRETARY: Senator 7 Marcellino. 8 SENATOR MARCELLINO: Yea. 9 THE SECRETARY: Senator Marchi. 10 SENATOR MARCHI: Aye. 11 THE SECRETARY: Senator 12 Markowitz. 13 SENATOR MARKOWITZ: No. 14 THE SECRETARY: Senator Maziarz. 15 SENATOR MAZIARZ: Yes. 16 THE SECRETARY: Senator Mendez. 17 ACTING PRESIDENT KUHL: Senator 18 Mendez to explain her vote. 19 SENATOR MENDEZ: Mr. President, 20 the bill before us today does not take away the 21 right of a woman to choose. The bill that we 22 are voting on today, what it really does is that 23 it does not allow a woman who is poor to have 8151 1 the money to seek an abortion after deciding 2 that that is what she must do. 3 I was not planning to speak on 4 this issue. I feel very strongly that the law 5 of the land is that a woman has the right to 6 choose. On the other hand, it is undeniable the 7 fact that any woman who commits or who goes 8 through an abortion is stealing a life. I don't 9 care what anybody says, those are my personal 10 beliefs, but I think that eventually that woman 11 will have to -- will have to, you know, explain 12 her actions once she dies so personally, I 13 believe that abortion is wrong. Personally I 14 believe it's a terrible things to do because you 15 are killing a life, but as a citizen of a great 16 nation and remembering that a woman should not 17 be denied the right to choose, I support this; 18 and finally, Mr. President, as a person that is 19 always fighting for those double standards I 20 must tell you it is a horrible thing to know, as 21 Senator Spano mentioned, that Medicaid, Medicaid 22 -- the Medicaid program in New York State 23 benefits economically more those who have than 8152 1 those who do not have. The working poor doesn't 2 have access to primary health services. 3 I don't want to compound that 4 situation either by denying a woman who is poor 5 the right to the -- to make available for her to 6 have an abortion if she chooses to do so. 7 I vote no. 8 ACTING PRESIDENT KUHL: Senator 9 Mendez in the negative. The Secretary will 10 continue to call the roll. 11 THE SECRETARY: Senator 12 Montgomery. 13 SENATOR MONTGOMERY: No. 14 THE SECRETARY: Senator Nanula. 15 SENATOR NANULA: No. 16 THE SECRETARY: Senator 17 Nozzolio. 18 SENATOR NOZZOLIO: No. 19 THE SECRETARY: Senator Onorato. 20 SENATOR ONORATO: Aye. 21 THE SECRETARY: Senator 22 Oppenheimer. 23 (There was no response. ) 8153 1 THE SECRETARY: Senator 2 Oppenheimer. 3 SENATOR OPPENHEIMER: No. 4 THE SECRETARY: Senator Padavan. 5 SENATOR PADAVAN: Yes. 6 THE SECRETARY: Senator 7 Paterson. 8 SENATOR PATERSON: No. 9 THE SECRETARY: Senator Present. 10 SENATOR PRESENT: Yes. 11 THE SECRETARY: Senator Rath. 12 SENATOR RATH: Aye. 13 THE SECRETARY: Senator Saland. 14 SENATOR SALAND: Aye. 15 THE SECRETARY: Senator 16 Santiago. 17 (There was no response. ) 18 Senator Sears. 19 SENATOR SEARS: Yes. 20 THE SECRETARY: 21 SENATOR NOZZOLIO: Mr. 22 President. 23 ACTING PRESIDENT KUHL: Senator 8154 1 Nozzolio. 2 SENATOR NOZZOLIO: Mr. President, 3 sorry to interrupt this roll call to inquire as 4 to how I'm recorded on this vote? 5 ACTING PRESIDENT KUHL: Secretary 6 has you reported in the negative, Senator 7 Nozzolio. Is that how you wish to vote? 8 SENATOR NOZZOLIO: No, it isn't, 9 Mr. President. I vote aye. 10 ACTING PRESIDENT KUHL: Senator 11 Nozzolio will be recorded in the affirmative. 12 Secretary will continue to call the roll. 13 THE SECRETARY: Senator Seward. 14 SENATOR SEWARD: No. 15 THE SECRETARY: Senator Skelos. 16 SENATOR SKELOS: Yes. 17 THE SECRETARY: Senator Smith. 18 SENATOR SMITH: No. 19 THE SECRETARY: Senator Solomon. 20 (There was no response. ) 21 Senator Spano. 22 SENATOR SPANO: No. 23 THE SECRETARY: Senator 8155 1 Stachowski. 2 SENATOR STACHOWSKI: Yes. 3 THE SECRETARY: Senator 4 Stafford. 5 SENATOR STAFFORD: Aye. 6 THE SECRETARY: Senator 7 Stavisky. 8 SENATOR STAVISKY: No. 9 THE SECRETARY: Senator Trunzo. 10 SENATOR TRUNZO: Yes. 11 THE SECRETARY: Senator Tully. 12 SENATOR TULLY: Aye. 13 THE SECRETARY: Senator Velella. 14 SENATOR VELELLA: Yes. 15 THE SECRETARY: Senator Volker. 16 SENATOR VOLKER: Yes. 17 THE SECRETARY: Senator Waldon. 18 SENATOR WALDON: Briefly to 19 explain my vote, Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Waldon to explain his vote. 22 SENATOR WALDON: Those who 23 support this bill -- excuse me, not all but some 8156 1 of our people, because they thought it is too 2 costly, that we are, in effect, creating a 3 problem in terms of our Medicaid funding by 4 allowing these abortions, but as so clearly 5 pointed out by some of my colleagues on this 6 side of the aisle, the truer picture is that 7 Medicaid funding is not being abused by those 8 who are least able to pay for these abortions 9 and we are, by this action, drawing a line in 10 the sand and declaring war on those who are most 11 unable to take care of themselves, the poor and 12 the defenseless of our society. 13 In that war, I want to be on the 14 side of the victor. The victors, in my opinion, 15 are those who are least capable of fighting, but 16 they will have justice on their side, justice on 17 their side in the person of Pedro Espada, Olga 18 Mendez, Marty Markowitz and other right think 19 ers. 20 I vote against this legislation, 21 Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Waldon will be recorded in the negative. The 8157 1 Secretary will continue to call the roll. 2 THE SECRETARY: Senator Wright. 3 SENATOR WRIGHT: Aye. 4 SENATOR FARLEY: Absentees. 5 ACTING PRESIDENT KUHL: Secretary 6 will call the absentees. 7 THE SECRETARY: Senator Babbush. 8 (There was no response. ) 9 Senator Gold. 10 (There was no response. ) 11 Senator Hoblock. 12 (There was no response. ) 13 Senator Leibell. 14 (There was no response. ) 15 Senator Santiago. 16 (There was no response. ) 17 Senator Solomon. 18 (There was no response. ) 19 ACTING PRESIDENT KUHL: Announce 20 the results. 21 THE SECRETARY: Ayes 32, nays 22 22. 23 ACTING PRESIDENT KUHL: The bill 8158 1 is passed. 2 Senator Skelos? 3 SENATOR SKELOS: Is there any 4 housekeeping? 5 ACTING PRESIDENT KUHL: Yes. We 6 have several things, Senator Skelos. 7 Senator Levy, why do you rise? 8 SENATOR LEVY: Yes, I'd like 9 unanimous consent to be recorded in the 10 affirmative on Calendar 1137. 11 ACTING PRESIDENT KUHL: Without 12 objection, hearing no objection, Senator Levy 13 will be recorded in the affirmative on Calendar 14 Number 1137. 15 Senator Marcellino, why do you 16 rise? 17 SENATOR MARCELLINO: I rise to 18 ask unanimous consent that my vote be in the 19 affirmative for 1137. 20 ACTING PRESIDENT KUHL: Senator 21 Marcellino, without objection, will be recorded 22 in the affirmative on Calendar 1137. 23 Senator Kruger, why do you rise? 8159 1 SENATOR KRUGER: Mr. President, I 2 would ask unanimous consent to be recorded in 3 the negative on Calendar 1145. 4 ACTING PRESIDENT KUHL: Without 5 ob... 6 SENATOR KRUGER: Print 1145, I'm 7 sorry. 8 ACTING PRESIDENT KUHL: Without 9 objection, Senator Kruger will be recorded in 10 the negative on Calendar 1145. 11 Senator Larkin. 12 SENATOR LARKIN: Mr. President, 13 on behalf of Senator Bruno, I'd like to call up 14 Senate Print 5319 which is at the desk. 15 ACTING PRESIDENT KUHL: Secretary 16 will read. 17 THE SECRETARY: Calendar Number 18 1147, by the Senate Committee on Rules, Senate 19 Print 5319, an act to amend the Criminal 20 Procedure Law. 21 SENATOR LARKIN: Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Larkin. 8160 1 SENATOR LARKIN: I move to 2 reconsider the vote by which the bill was passed 3 and ask the bill be restored to the order of 4 third reading. 5 ACTING PRESIDENT KUHL: Motion is 6 to reconsider the vote by which the bill passed 7 the house. Secretary will call the roll on 8 reconsideration. 9 (The Secretary called the roll on 10 reconsideration. ) 11 THE SECRETARY: Ayes 59. 12 ACTING PRESIDENT KUHL: Senator 13 Larkin. 14 SENATOR LARKIN: Mr. President, I 15 now move to discharge from the Committee on 16 Rules Assembly Print 7993A, and substitute it 17 for the Senate identical bill. 18 ACTING PRESIDENT KUHL: 19 Substitution is ordered. The bill is before the 20 house. 21 Senator Larkin. 22 SENATOR LARKIN: I now move that 23 the substituted Assembly bill have its third 8161 1 reading at this time. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the title. 4 THE SECRETARY: Calendar Number 5 1147, by member of the Assembly -- by the 6 Assembly Committee on Rules, Assembly 7993A, an 7 act to amend the Criminal Procedure Law. 8 ACTING PRESIDENT KUHL: Senator 9 Skelos, we have a message of necessity on this 10 bill at the desk. What's your pleasure? 11 On Senator Skelos' motion to 12 accept the message of necessity at the desk. 13 SENATOR SKELOS: Move to accept. 14 ACTING PRESIDENT KUHL: All those 15 in favor of accepting the message at the desk 16 signify by saying aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response. ) 20 The message is accepted. 21 Secretary will read the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect August 1st. 8162 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 59. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 Under housekeeping, Senator 8 Skelos, Chair recognizes Senator Wright. 9 SENATOR WRIGHT: Mr. President, 10 on behalf of Senator Holland, I wish to call up 11 bill Print Number 1247 recalled from the 12 Assembly which is now at the desk. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the title. 15 THE SECRETARY: Calendar Number 16 87, by Senator Holland, Senate Print 1247, an 17 act to amend the Education Law, in relation to 18 contracts for the transportation of school 19 children. 20 ACTING PRESIDENT KUHL: Senator 21 Wright. 22 SENATOR WRIGHT: Mr. President, I 23 now move to reconsider the vote by which this 8163 1 bill was passed. 2 ACTING PRESIDENT KUHL: Secretary 3 will call the roll on reconsideration. 4 (The Secretary called the roll on 5 reconsideration. ) 6 THE SECRETARY: Ayes 59. 7 ACTING PRESIDENT KUHL: Senator 8 Wright. 9 SENATOR WRIGHT: Mr. President, I 10 now offer the following amendments. 11 ACTING PRESIDENT KUHL: 12 Amendments are received and adopted. 13 Senator Wright. 14 SENATOR WRIGHT: On behalf of 15 Senator Stafford, please place a sponsor's star 16 on Calendar Number 660. 17 ACTING PRESIDENT KUHL: At the 18 request of the sponsor, Calendar Number 660 will 19 be starred. 20 Senator Wright. 21 SENATOR WRIGHT: On behalf of 22 Senator Goodman, on page number 23, I offer the 23 following amendments to Calendar Number 802, 8164 1 Senate Print Number 4632, and ask that said bill 2 retain its place on Third Reading Calendar. 3 ACTING PRESIDENT KUHL: Calendar 4 Number 802 will be amended as proposed. 5 Senator Wright. 6 SENATOR WRIGHT: Mr. President, 7 on behalf of Senator Goodman, on page number 39, 8 I offer the following amendments - 9 ACTING PRESIDENT KUHL: Excuse 10 me, Senator Wright. Dinner is over. It's time 11 we have a little order in the chamber. The 12 Secretary can't even hear the motions when they 13 know what's coming. Thank you. 14 Senator Wright. 15 SENATOR WRIGHT: Thank you, Mr. 16 President. 17 On behalf of Senator Goodman, on 18 page 39, I offer the following amendments to 19 Calendar Number 98, Senate Print Number 1367A, 20 and ask that said bill retain its place on Third 21 Reading Calendar. 22 ACTING PRESIDENT KUHL: 23 Amendments to Calendar Number 98 received and 8165 1 adopted. Bill will retain its place on the 2 Third Reading Calendar. 3 Senator Wright. 4 SENATOR WRIGHT: Mr. President, 5 on behalf of Senator Maziarz, on Supplement 6 Number 1, page number 3, I offer the following 7 amendments to Calendar Number 1131, Senate Print 8 Number 4435, and ask that said bill retain its 9 place on Third Reading Calendar. 10 ACTING PRESIDENT KUHL: 11 Amendments to Calendar Number 1131 are received 12 and adopted. The bill will retain its place on 13 the Third Reading Calendar. 14 Senator Markowitz, why do you 15 rise? 16 SENATOR MARKOWITZ: Thank you. I 17 would like approval to vote in the negative on 18 Calendar Number 1145 and also, if I may, Senate 19 Number 16A, back on April the 10th, in reviewing 20 my records, I should have voted in the yes and a 21 letter will go to the clerk of the Senate. 22 Thank you. 23 ACTING PRESIDENT KUHL: Without 8166 1 objection, hearing no objection, Senator 2 Markowitz will be recorded in the negative on 3 Calendar Number 1145. Senator Markowitz, the 4 record will reflect that had you been in the 5 chamber back in April, you would have voted in 6 the negative on Calendar Number 16. 7 SENATOR PATERSON: In the 8 positive. 9 ACTING PRESIDENT KUHL: Excuse 10 me, in the positive -- unusual -- on Calendar 11 Number 16. Thank you, Senator Markowitz. 12 Senator Paterson, why do you 13 rise? 14 SENATOR PATERSON: Mr. President, 15 we just passed Calendar 1088 by a vote of 32 to 16 22. However, my records shows that the vote was 17 33 to 22. 18 ACTING PRESIDENT KUHL: Senator 19 Paterson, just for the record, why don't we read 20 the negatives. You want to read the roll, read 21 the negatives so we can straighten that out now, 22 Senator Skelos. 23 Senator Paterson, I'll ask the 8167 1 Secretary to read the affirmative votes recorded 2 here first and then the negative votes. You can 3 compare your roll call and address the 4 protocol. 5 Secretary will read the 6 affirmative votes. Secretary will read the 7 affirmative votes first, and then the negative 8 votes. 9 THE SECRETARY: In the 10 affirmative: Senators Bruno, DeFrancisco, 11 DiCarlo, Farley, Hannon, Holland, Johnson, Kuhl, 12 Lack, Larkin, LaValle, Leibell, Levy, Libous, 13 Maltese, Marcellino, Marchi, Maziarz, Nozzolio, 14 Onorato, Padavan, Rath, Saland, Sears, Skelos, 15 Stachowski, Stafford, Trunzo, Tully, Velella, 16 Volker and Wright. 17 Those recorded in the negative: 18 Senators Abate, Connor, Dollinger, Espada, 19 Gonzalez, Goodman, Hoffmann, Jones, Kruger, 20 Leichter, Markowitz, Mendez, Montgomery, Nanula, 21 Oppenheimer, Paterson, Present, Seward, Smith, 22 Spano, Stavisky and Waldon. 23 Senators excused: Cook, 8168 1 Galiber. 2 Absent on the roll call: 3 Babbush, Gold, Hoblock, Santiago and Solomon. 4 ACTING PRESIDENT KUHL: Senator 5 Skelos, what's your pleasure? 6 SENATOR SKELOS: Mr. President, 7 there will be an immediate meeting of the Rules 8 Committee and the Senate will stand at ease 9 pending the report of the Rules Committee. 10 ACTING PRESIDENT KUHL: Be an 11 immediate meeting of the Rules Committee in the 12 Majority Conference Room, Room 332, immediate 13 meeting of the Senate Rules Committee, Majority 14 Conference Room, Room 332. 15 The Senate will stand at ease 16 awaiting the report of the Rules Committee. 17 SENATOR SKELOS: Senate will 18 stand at ease, and the Rules Committee will be 19 getting together. When we return, we will have 20 a meeting of the Rules Committee and we will 21 then stand adjourned until tomorrow at 10:00 22 a.m. 23 (Whereupon at 8:45 p.m., the 8169 1 Senate stood at ease until 9:18 p.m.) 2 SENATOR SKELOS: Mr. President. 3 ACTING PRESIDENT VELELLA: 4 Senator Skelos. 5 SENATOR SKELOS: On page 42, I 6 offer the following amendments to Calendar 564, 7 Senate Print Number 4182. I ask that the star 8 be removed and that the bill retain its place on 9 the Third Reading Calendar. 10 ACTING PRESIDENT VELELLA: So 11 ordered. 12 SENATOR SKELOS: Mr. President. 13 ACTING PRESIDENT VELELLA: 14 Senator Skelos. 15 SENATOR SKELOS: If we could 16 return to reports of standing committees, I 17 believe there's a report of the Rules Committee 18 at the desk. 19 ACTING PRESIDENT VELELLA: The 20 Secretary will read. 21 THE SECRETARY: Senator Bruno, 22 from the Committee on Rules, reports the 23 following bills: 8170 1 Senate Print 594, by Senator 2 Montgomery, an act authorizing the city of New 3 York to reconvey its interest in certain real 4 property; 5 1085A, by Senator Maltese, an act 6 to amend the Administrative Code of the city of 7 New York; 8 1414, by Senator Present, an act 9 to amend the Vehicle and Traffic Law and the 10 Parks, Recreation and Historic Preservation Law, 11 in relation to the registration of snowmobiles; 12 1151, excuse me, 1701, by Senator 13 Spano, an act to amend Chapter 78 of the Laws of 14 1989, amending the Arts and Cultural Affairs 15 Law; 16 2789, by Senator Johnson, an act 17 restoring Emil G. Pavlik, Jr. to Tier II 18 membership in the New York State and local 19 employment -- employees' retirement system; 20 3125, by Senator Marchi, an act 21 to allow Michael Acito to receive credit in the 22 New York State and local employees' retirement 23 system; 8171 1 3177, by Senator Rath, an act to 2 require the New York State Teachers Retirement 3 System to accept a retirement application; 4 3725A, by Senator Sears, an act 5 to amend the General Business Law, in relation 6 to prize award schemes; 7 3940, by Senator Saland, an act 8 to amend the Executive Law, in relation to 9 penalties for unauthorized disclosure of 10 information; 11 3976, by Senator Spano, an act to 12 amend the Labor Law, in relation to dismissal 13 payments to allow certain successor employees to 14 consider wages paid to an employee; 15 4230, by Senator DeFrancisco, an 16 act to amend the Civil Practice Law and Rules, 17 in relation to the confidentiality of certain 18 privileged information; 19 4245, by Senator Marcellino, an 20 act authorizing the assessor of the county of 21 Nassau to accept an application for the 22 exemption for specified real property owned by 23 the Chabad Lubavitch of Plainview, Incorporated; 8172 1 494, by Senator Marcellino, an 2 act to amend the General Municipal Law, in 3 relation to establishing the town of Huntington 4 Industrial Development Agency; 5 4387, by Senator Tully, an act 6 authorizing the assessor of the county of Nassau 7 to accept an application for exemption from real 8 property taxes; 9 4514, by Senator Tully, an act to 10 amend Chapter 972 of the Laws of 1962, relating 11 to the Shelter Rock Public Library; 12 4518, by Senator Nozzolio, an act 13 to amend the Executive Law, in relation to 14 preliminary and final revocation hearings; 15 4553, by Senator Lack, an act to 16 amend the Court of Claims act, in relation to 17 abolition of a requirement to file notices of 18 intention; 19 4908, by Senator Tully, an act to 20 authorize and direct the county of Nassau, town 21 of North Hempstead, village of Westbury and 22 Westbury Central School District to refund 23 certain taxes paid upon real property; 8173 1 4969, by Senator Velella, an act 2 to amend the Insurance Law, in relation to 3 eliminating certain criteria for multi-tiering 4 program rewarding risks; 5 4991, by Senator Holland, an act 6 to amend the General Municipal Law, in relation 7 to authorizing certain entities to make 8 purchases through the General Services 9 Administration; 10 Senate Print 5000, by Senator 11 Bruno, an act to amend the Public Authorities 12 Law, in relation to the Saratoga County Water 13 Authority; 14 5017, by Senator Nozzolio, an act 15 to amend the Correction Law, in relation to 16 providing notification to law enforcement 17 officials when a convicted felon is released; 18 5043, by Senator Tully, an act 19 authorizing the assessor of the county of Nassau 20 to accept an application for exemption from real 21 property taxes; 22 5117, by Senator Goodman, an act 23 to amend the Election Law, in relation to 8174 1 accessible polling places; 2 5164, by Senator Cook, an act in 3 relation to authorizing the town of Greenville, 4 Orange County, to sell and convey certain park 5 land; 6 5201, by Senator Leibell, an act 7 to amend the Public Authorities Law, in relation 8 to loan insurance; 9 5241, by Senator Tully, an act to 10 amend the Public Service Law, in relation to 11 revenues earned by water works corporation; and 12 2807, by Senator Larkin, an act 13 to amend the Education Law, in relation to the 14 reporting of school safety inspections and 15 review thereof. 16 All bills ordered directly for 17 third reading. 18 ACTING PRESIDENT VELELLA: 19 Without objection, all bills ordered to third 20 reading. 21 SENATOR SKELOS: The Senate will 22 stand at cease. 23 ACTING PRESIDENT VELELLA: The 8175 1 Senate stands at ease. 2 (Whereupon at 9:25 p.m., the 3 Senate stood at ease briefly.) 4 SENATOR SKELOS: Mr. President. 5 ACTING PRESIDENT VELELLA: 6 Senator Skelos. 7 SENATOR SKELOS: Would you please 8 recognize Senator Hoblock. 9 ACTING PRESIDENT VELELLA: 10 Senator Hoblock. 11 SENATOR HOBLOCK: Thank you, Mr. 12 President. Unfortunately, I was out of the 13 chamber on official business when Calendar 14 Number 1088 was debated and voted on and had I 15 been present in the chamber, I would have voted 16 in the negative. 17 SENATOR SKELOS: The record will 18 so indicate that had - 19 ACTING PRESIDENT VELELLA: So 20 ordered. 21 SENATOR SKELOS: O.K. 22 ACTING PRESIDENT VELELLA: 23 Senator Skelos. 8176 1 SENATOR SKELOS: Mr. President, 2 there being no further business, I move we 3 adjourn until tomorrow, June 7th, at 10:00 a.m. 4 sharp. 5 ACTING PRESIDENT VELELLA: The 6 Senate stands adjourned until tomorrow, 7 Wednesday, June 7th, at 10:00 a.m. 8 (Whereupon at 9:30 p.m., the 9 Senate adjourned. ) 10 11 12 13