Wednesday, March 25, 1998

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 25, 1998 11 11:10 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, JR., Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order, members find their 4 places, staff find their places. I'd ask 5 everyone in the chamber to rise and join me in 6 saying the Pledge of Allegiance, and please 7 remain standing for the invocation. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 We're very pleased to be joined 11 today by the Reverend Dr. Ernest Drake who is 12 the pastor of the Metropolitan New Testament 13 Missionary Baptist Church in Albany. 14 Reverend Drake, for the 15 invocation. 16 REVEREND ERNEST DRAKE: If we 17 could bow our heads. O, Maker and Creator of 18 our universe, please provide guidance for our 19 legislators as they meet and deliberate major 20 issues affecting the lives of all of our 18 21 million citizens of our great Empire State. 22 Bless each legislator one by one and give them 23 the desire of their own heart, as we ask these 24 blessings. In His name, we pray. Amen. 25 ACTING PRESIDENT KUHL: Reading 1 of the Journal. 2 THE SECRETARY: In Senate, 3 Tuesday, March 24th. The Senate met pursuant 4 to adjournment, Senator Kuhl in the Chair upon 5 designation of the Temporary President. The 6 Journal of Monday, March 23rd, was read and 7 approved. On motion, Senate adjourned. 8 ACTING PRESIDENT KUHL: Hearing 9 no objection, the Journal stands approved as 10 read. 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing 15 committees. The Secretary will read. 16 THE SECRETARY: Senator Kuhl, 17 from the Committee on Agriculture, reports the 18 following bills: 19 Senate Print 473, by Senator 20 Larkin, an act to amend the Agriculture and 21 Markets Law; 22 4184, by Senator Kuhl, an act 23 to amend the Agriculture and Markets Law; 24 4225, by Senator Kuhl, an act 25 to amend the Agriculture and Markets Law; 1 5546, by Senator Kuhl, an act 2 to amend the Agriculture and Markets Law; 3 6018, by Senator Kuhl, an act 4 to amend the Agriculture and Markets Law; 5 6160, by Senator Kuhl, an act 6 to amend Chapter 182 of the Laws of 1993; 7 6189, by Senator Present, an 8 act to amend the Agriculture and Markets Law; 9 and 10 6332, by Senator Kuhl, an act 11 to amend the Agriculture and Markets Law. 12 All bills ordered direct for 13 third reading. 14 ACTING PRESIDENT KUHL: All 15 bills ordered directly to third reading. 16 Reports of select committees. 17 Motions and resolutions. 18 Secretary will read substitutions. 19 THE SECRETARY: On page 24, 20 Senator Hannon moves to discharge from the 21 Committee on Local Government, Assembly Bill 22 Number 20-A, and substitute it for the 23 identical Third Reading Calendar 478. 24 And on page 25, Senator Goodman 25 moves to discharge from the Committee on 1 Investigations, Taxation and Government 2 Operations, Assembly Bill Number 7096 and 3 substitute it for the identical Third Reading 4 Calendar 484. 5 ACTING PRESIDENT KUHL: 6 Substitutions are ordered. 7 The Chair recognizes Senator 8 Bruno. 9 SENATOR BRUNO: Thank you, Mr. 10 President. 11 Mr. President, I am honored and 12 proud to welcome to this chamber our newest 13 member, who will be added to the Republican 14 Conference as a result of the election that 15 took place last night. He is here certified, 16 prepared to vote. We will do something on 17 Monday that will be a little more formal. 18 Charles, will be Senator Charles "Chuck" 19 Fuschillo. 20 (Applause) 21 ACTING PRESIDENT KUHL: Senator 22 Bruno. 23 SENATOR BRUNO: Mr. President, 24 can we at this time call a Finance Committee 25 meeting in Room 332. 1 ACTING PRESIDENT KUHL: There 2 will be an immediate meeting of the Senate 3 Finance Committee, immediate meeting of the 4 Senate Finance Committee in the Majority 5 Conference Room, Room 332. 6 Senator Farley, why do you 7 rise? 8 SENATOR FARLEY: There will 9 also be a meeting of the Banks Committee 10 immediately following the Finance Committee in 11 Room 332. Banks committee will be meeting in 12 332 immediately following Finance. 13 ACTING PRESIDENT KUHL: 14 Immediate meeting of the Banks Committee 15 following Finance Committee meeting in the 16 Majority Conference Room, Room 332. 17 Senator Skelos, we have one 18 privileged resolution at the desk. 19 Have a little order in the 20 chamber, please. Members please take their 21 places, staff take their places. If you need 22 to have a conversation, please take it out of 23 the chamber. We have some business to 24 conduct. 25 Senator Skelos. 1 SENATOR SKELOS: Mr. President, 2 I believe there's a privileged resolution at 3 the desk, sponsored by yourself. May we have 4 the title read and move for its immediate 5 adoption. 6 ACTING PRESIDENT KUHL: 7 Secretary will read the title of the 8 privileged resolution. 9 THE SECRETARY: By Senator 10 Kuhl, Legislative Resolution 2972, 11 congratulating the Jasper-Troupsburg Junior 12 Senior High School Boys' Basketball Team on 13 winning the New York State Public High School 14 Athletic Association Section V, Class DD Title 15 and on competing in the Class D Semi-Finals. 16 ACTING PRESIDENT KUHL: 17 Question is on the resolution. All those in 18 favor signify by saying aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response. ) 22 The resolution is adopted. 23 Senator Skelos, that brings us 24 to the calendar. 25 SENATOR SKELOS: Mr. President, 1 just as a reminder, I believe the Finance 2 Committee meeting is taking place now in the 3 Majority Conference Room. Then there will be 4 a meeting of the Banks Committee, and I 5 believe Senator Nozzolio has an announcement 6 also. 7 ACTING PRESIDENT KUHL: Chair 8 recognizes Senator Nozzolio. 9 SENATOR NOZZOLIO: Thank you, 10 Mr. President. 11 There will be a meeting of the 12 Committee on Crime Victims, Crime and 13 Corrections in the Majority Conference Room 14 immediately following the Committee on Banks. 15 SENATOR SKELOS: Mr. President, 16 at this time if we could take up the 17 non-controversial calendar. 18 ACTING PRESIDENT KUHL: 19 Secretary will read the non-controversial 20 calendar. 21 THE SECRETARY: Calendar Number 22 35, by Senator Farley, Senate Print 2145, an 23 act to amend the Banking Law, in relation to 24 money transmitters. 25 ACTING PRESIDENT KUHL: 1 Secretary will read the last section. 2 THE SECRETARY: Section 6. 3 This act shall take effect on the 90th day. 4 ACTING PRESIDENT KUHL: Call 5 the roll. 6 (The Secretary called the 7 roll. ) 8 THE SECRETARY: Ayes 47. 9 ACTING PRESIDENT KUHL: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 71, by Senator Saland, Senate Print 3455, an 13 act to amend the Family Court Act, in relation 14 to appointment of law guardians. 15 ACTING PRESIDENT KUHL: 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call 20 the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 47. 24 ACTING PRESIDENT KUHL: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 193, by Senator Skelos, Senate Print 1983-B, 3 an act to amend the Domestic Relations Law, in 4 relation to any action or proceeding involving 5 custody of a child. 6 ACTING PRESIDENT KUHL: 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call 11 the roll. 12 (The Secretary called the 13 roll. ) 14 THE SECRETARY: Ayes 48. 15 ACTING PRESIDENT KUHL: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 227, by Senator Volker, Senate Print 522, an 19 act to amend the Penal Law, in relation to 20 consecutive terms of imprisonment. 21 ACTING PRESIDENT KUHL: 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect on the first day of 25 November. 1 ACTING PRESIDENT KUHL: Call 2 the roll. 3 (The Secretary called the 4 roll. ) 5 THE SECRETARY: Ayes 48. 6 ACTING PRESIDENT KUHL: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 235, by Senator Balboni, Senate Print 5950, an 10 act to amend the Penal Law, in relation to 11 consecutive sentences and the calculation of 12 sentences. 13 ACTING PRESIDENT KUHL: 14 Secretary will read the last section. 15 THE SECRETARY: Section 3. 16 This act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT KUHL: Call 19 the roll. 20 (The Secretary called the 21 roll. ) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT KUHL: That 24 happens to be Senator Balboni's first piece of 25 legislation that's passed this house. 1 Congratulations, Senator. 2 (Applause) 3 Secretary will continue to 4 read. 5 The bill is passed. 6 THE SECRETARY: Calendar Number 7 440, by Senator Stafford, Senate Print 6484-A, 8 an act to amend Chapter 303 of the Laws of 9 1988, relating to the extension of a state 10 commission. 11 ACTING PRESIDENT KUHL: 12 Secretary will read the last section. 13 THE SECRETARY: Section 3. 14 This act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call 16 the roll. 17 (The Secretary called the 18 roll. ) 19 THE SECRETARY: Ayes 51. 20 ACTING PRESIDENT KUHL: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 483, by Senator Maziarz, Senate Print 6584-A, 24 an act to amend the Social Services Law, in 25 relation to authorizing payment. 1 SENATOR PATERSON: Lay aside. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside. 4 Senator Skelos, that completes 5 the reading of the non-controversial 6 calendar. 7 SENATOR SKELOS: Mr. President, 8 if we could call up the -- why don't we -- is 9 there any housekeeping at the desk? Then why 10 don't we stand at ease because I believe 11 Senator Gold had questions to ask Senator 12 Maziarz. 13 ACTING PRESIDENT KUHL: Senate 14 will stand at ease for a few moments. 15 (The Senate stood at ease from 16 11:21 to 11:24 a.m.) 17 SENATOR MAZIARZ: Let the 18 record show that, although Senator Gold was 19 not here, I was, prepared to explain my bill 20 to the rest of the chamber, all right? 21 ACTING PRESIDENT KUHL: Senate 22 will come to order. Members find their seats, 23 staff find their places. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President, 1 I know the Finance Committee is over and just 2 a reminder, the Committee on Banks is going to 3 meet, then Senator Nozzolio's committee, but 4 at this time if we could return to reports of 5 standing committees and have the report of the 6 Finance Committee read. 7 ACTING PRESIDENT KUHL: We will 8 return to the order of reports of standing 9 committees. Secretary will read the report of 10 the Finance Committee at the desk. 11 THE SECRETARY: Senator 12 Stafford, from the Committee on Finance, 13 reports the following bills: 14 6097-B, Budget Bill, an act to 15 amend the Corrections Law and the Criminal 16 Procedure Law, in relation to reimbursing 17 localities; 18 6100-A, Budget Bill, an act 19 making appropriation for the support of 20 government (Legislature and Judiciary Budget); 21 and 22 6105-B Budget Bill, an act 23 making appropriations for the support of 24 government (Education, Labor and Family 25 Assistance Budget.) 1 All bills ordered direct for 2 third reading. 3 ACTING PRESIDENT KUHL: All 4 bills are ordered directly to third reading. 5 Senator Skelos. 6 SENATOR SKELOS: If we could 7 return to the controversial calendar and call 8 up Senator Maziarz' bill Calendar Number 483. 9 ACTING PRESIDENT KUHL: 10 Secretary will read Calendar Number 483 on the 11 controversial calendar. 12 THE SECRETARY: Calendar Number 13 483, by Senator Maziarz, Senate Print 6584-A, 14 an act to amend the Social Services Law, in 15 relation to authorizing payment. 16 SENATOR GOLD: Explanation. 17 ACTING PRESIDENT KUHL: Senator 18 Maziarz, an explanation has been requested by 19 Senator Gold. 20 SENATOR MAZIARZ: Thank you 21 very much, Mr. President. 22 ACTING PRESIDENT KUHL: Excuse 23 me, Senator Maziarz. Before you enter into 24 the debate here, if we might have the members 25 please take your seats, please take the 1 conversations, if there are conversations, out 2 of the chamber. 3 SENATOR MAZIARZ: Thank you, 4 Mr. President. 5 The bill before us today 6 authorizes payment through the state's 7 Medicaid program for Medicare Part B premiums 8 for Medicare beneficiaries whose income falls 9 between 120 percent and 135 percent of the 10 federal poverty level, and to pay a portion of 11 the premium for beneficiaries with incomes 12 between 135 percent and 175 percent of the 13 federal poverty level. 14 The federal government 15 authorized reimbursement of the premium for 16 the aforementioned income groups through the 17 federal Balanced Budget Act of 1997 for a 18 period of five years. This Senate bill would 19 authorize reimbursements to qualified Medicare 20 beneficiaries retroactive to January 1, 1998 21 and would sunset December 31 in the year 22 2002. 23 ACTING PRESIDENT KUHL: Senator 24 Gold. 25 SENATOR GOLD: Yeah. Will the 1 gentleman yield to a question? 2 ACTING PRESIDENT KUHL: Senator 3 Maziarz, do you yield. 4 SENATOR MAZIARZ: Certainly, 5 Mr. President. 6 ACTING PRESIDENT KUHL: Senator 7 yields. 8 SENATOR GOLD: Senator, how 9 does it work if somebody becomes eligible for 10 reimbursement or not reimbursement? 11 SENATOR MAZIARZ: It all 12 depends upon the income of the individual, 13 Senator. A person with an income -- an 14 individual with an income between $815 and 15 $918 a month, and for couples with an income 16 between 1095 and $1233 per month would be 17 eligible Senator. 18 SENATOR GOLD: All right. 19 Senator -- if the Senator would yield? 20 Senator, you said - 21 ACTING PRESIDENT KUHL: Senator 22 Maziarz. 23 SENATOR GOLD: You explained 24 that - 25 SENATOR MAZIARZ: I will, Mr. 1 President. 2 ACTING PRESIDENT KUHL: Senator 3 continues to yield. 4 SENATOR GOLD: Yeah, you 5 explained that in the first go-round. What's 6 troubling me, and I might as well get right to 7 it, in the bill memo where it says "budget 8 implications" it says, the line, "These are 9 not entitlement groups. Therefore, upon 10 depletion of the designated federal allotment 11 for the year, New York State will terminate 12 enrollment in these programs." 13 That language concerns me. I 14 was just curious how it works. In other 15 words, are we going to be giving this to 16 people on a first come first served basis or 17 is there some basis by which it's determined 18 who gets or who doesn't get? 19 SENATOR MAZIARZ: Yes, it's a 20 first come first served basis until the 21 federal funds are depleted. 22 SENATOR GOLD: And is there any 23 program to alert people to the fact that this 24 is available, or how do people find out about 25 it to become the first, for example, or to get 1 in early? 2 SENATOR MAZIARZ: Well, I would 3 think that would be up to the members of the 4 Legislature, the Department of Health, I know 5 that the executive branch is going to be 6 having an outreach program, Senator. I think 7 it's either publicity churned out by people 8 like yourself, who are very good at doing 9 things like that, and myself who is not very 10 good at doing things like that, Senator, but 11 I'm going to get better watching you. 12 SENATOR GOLD: Well, Senator, 13 last question. Do you have any idea how many 14 people who are eligible will be able to get 15 these benefits versus people that will get 16 shut out because of the cutoff? 17 SENATOR MAZIARZ: It's my 18 understanding, Senator, that there are 19 approximately 122,000 individuals eligible for 20 the full reimbursement and 288,000 would 21 qualify for the partial reimbursement. 22 SENATOR GOLD: Well, I 23 appreciate that, and -- but what I'm trying to 24 find out, Senator, and if you don't know it's 25 not going to change my vote. I appreciate 1 very much your answering the questions, but do 2 you have any idea, if everybody that's 3 eligible applied, would they all be able to be 4 covered, or is there going to be a cutoff? 5 SENATOR MAZIARZ: I didn't hear 6 the last part of your question. 7 SENATOR GOLD: Yeah. What I'm 8 curious about, Senator, and obviously I'm 9 going to support the bill because whoever gets 10 help is going to get help, but what I'm 11 curious about is, if everybody who is eligible 12 gets their application, is there enough money 13 for all of these people or how is it 14 determined who is going to get the benefit and 15 who is not? That's all I'm really asking. 16 SENATOR MAZIARZ: As we stated, 17 it would be on a first come first served 18 basis. I'm not sure if there would be enough 19 money to cover all of that 122- or 288,000. 20 SENATOR GOLD: All right. 21 Thank you, Senator. 22 SENATOR MAZIARZ: Thank you. 23 ACTING PRESIDENT KUHL: Any 24 other Senator wishing to speak on the bill? 25 Hearing none, the Secretary 1 will read the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call 5 the roll. 6 (The Secretary called the 7 roll. ) 8 THE SECRETARY: Ayes 55. 9 ACTING PRESIDENT KUHL: The 10 bill is passed. 11 Senator Velella, that completes 12 the reading of the controversial calendar. 13 What's your pleasure? 14 SENATOR VELELLA: Mr. 15 President, can we call up Senate Bill 6097-B, 16 and have the bill read. Senator Stafford will 17 be here in a moment. 18 SENATOR STAFFORD: Senator, we 19 are here; we're here. 20 SENATOR VELELLA: Mr. 21 President, while we're getting that bill, I 22 want to remind the members that the Banks 23 Committee meeting is - 24 SENATOR FARLEY: -- over. 25 SENATOR VELELLA: -- just 1 finished, and the Crime and Correction - 2 Crime Victims, Crime and Corrections Committee 3 will be meeting momentarily. 4 ACTING PRESIDENT KUHL: For the 5 benefit of the members, the Banks Committee 6 meeting has concluded. The meeting of the 7 Crime Victims, Crime and Corrections Committee 8 is now taking place in the Majority Conference 9 Room, Room 332. 10 Secretary will read Calendar 11 Number 490, which is Senate Print 6097-B. 12 THE SECRETARY: Calendar Number 13 490, Budget Bill, Senate Print 6097-B, an act 14 to amend the Correction Law and the Criminal 15 Procedure Law, in relation to reimbursing 16 localities. 17 SENATOR PATERSON: 18 Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Stafford, an explanation of Senate 6097-B has 21 been requested by Senator Paterson. 22 SENATOR STAFFORD: Thank you. 23 Mr. President, this is known as 24 the "language bill" and it is subdivided into 25 nine separate parts. The first five parts (a) 1 through (e), contain statutory provisions 2 necessary to implement the Senate's budget 3 plan. Parts (f) through (i) contain the 4 language bill provisions which direct the 5 allocations of appropriations contained in the 6 budget bill. 7 ACTING PRESIDENT KUHL: Senator 8 Stafford -- Senator Stafford, may I interrupt 9 you. I apologize for the interruption, but 10 there is one awful lot of noise in the chamber 11 and I don't know how those, particularly those 12 who asked for the explanation, could even hear 13 you, particularly when they're talking. So 14 could we have a little quiet in the room, 15 please. 16 SENATOR STAFFORD: Thank you, 17 Mr. President, and you just interrupted me at 18 the right time because I was just completed. 19 SENATOR GOLD: Mr. President. 20 SENATOR VELELLA: Explanation 21 satisfactory. 22 ACTING PRESIDENT KUHL: Chair 23 recognizes Senator Gold. 24 SENATOR GOLD: Thank you, Mr. 25 President, and I recognize you too. 1 This is the language bill, is 2 that correct? 3 Mr. President, this language 4 bill -- would Senator Stafford yield to one 5 question? 6 SENATOR STAFFORD: I will. 7 ACTING PRESIDENT KUHL: Senator 8 Stafford, do you yield? Senator Stafford 9 yields. 10 SENATOR GOLD: Yeah, this is 11 the language bill that fits in with the 12 Republican budget which was voted upon, I 13 believe on Monday, and then we're voting on - 14 this is not -- so, in other words, Senator, if 15 we pass a budget which is really agreed upon 16 between the two houses and the Governor, I 17 assume there would have to be either 18 amendments to this or a new language bill, is 19 that correct or am I incorrect? 20 SENATOR STAFFORD: Well, 21 Senator, as I've always pointed out, either 22 coincidentally or not coincidentally, you and 23 I, some would say have come up through the 24 ranks and others would say we haven't come up 25 through anything. You and I know that we've 1 been here long enough and we're here. We'll 2 leave it at that. 3 SENATOR GOLD: The answer is 4 very satis... no, no. 5 SENATOR STAFFORD: And you 6 mentioned the type of budget it is. I would 7 say that, you know, it is a budget that we are 8 proposing and that your assumption is 9 correct. 10 SENATOR GOLD: Mr. President, 11 with my gratitude to the Senator, no further 12 questions. 13 SENATOR STAFFORD: Thank you. 14 ACTING PRESIDENT KUHL: Any 15 other Senator wishing to speak on the bill? 16 Secretary will read the last 17 section. 18 SENATOR GOLD: Oh, hold it one 19 second. 20 Oh, Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Gold. 23 SENATOR GOLD: Good to see 24 you. 25 ACTING PRESIDENT KUHL: It's 1 nice of you to rise again. 2 SENATOR GOLD: Good to see 3 you. 4 Mr. President, I believe 5 there's an amendment at the desk which I've 6 offered up, and I have a note from the desk 7 that they'd like me to offer it so they can 8 get rid of it. I would ask that the amendment 9 be offered at this point. I waive its reading 10 and opportunity -- ask for an opportunity to 11 explain it. 12 ACTING PRESIDENT KUHL: The 13 amendment is at the desk, Senator Gold. Your 14 request for permission to have the reading 15 waived is granted, and you now have the floor 16 for the opportunity of explaining the 17 amendment. 18 SENATOR GOLD: Thank you, Mr. 19 President. 20 Mr. President, there has been 21 some discussion about how much money we have 22 or don't have, and this year as we did the 23 last few years, we went through this farce of 24 having an open meeting where people gave their 25 budget estimates and we passed a law that says 1 we've got to agree on what the estimate is 2 and, of course, we didn't do it, and all of 3 our geniuses on all sides of the aisles are 4 hundreds of millions or billions apart at any 5 one time, but at any rate, this amendment 6 really zeroes in on a problem without hurting 7 anybody or embarrassing anybody. 8 The Majority in this house has 9 told us that there is a certain amount of 10 money available to do a budget, and what my 11 amendment says is, gentlemen and lady, if you 12 are wrong and there is extra money, we can now 13 take care of a very significant problem and 14 that is the problem of the schools, repairing 15 schools and the problems we have with the 16 physical plants of our schools, and this 17 amendment would create a lock box and if there 18 is more money than we all say there is in 19 doing our budget, then that money would go 20 into the lock box. There would be an 21 appropriation, depending upon the various 22 amounts that people get in their districts as 23 school aid, and that money would be available 24 for school repairs, construction, et cetera. 25 Now, I don't have to tell - 1 certainly don't have to tell Senator Padavan 2 and Senator Maltese and Senator Goodman and my 3 colleagues from New York City the desperate 4 need for this money. I think it was last week 5 there were at least, I believe, two incidents 6 of bricks falling off of schools, and I 7 believe in one situation there was a death of 8 a child, in another situation some serious 9 damage, and it is a problem that's got to be 10 dealt with. 11 Last year we tried to get the 12 people to approve one method of funding this 13 work, and the people said they didn't want to 14 do it, and God bless the people, we're - 15 we're their servants, and we've got to find 16 another way and this seems to be a painless 17 way. 18 It says to the Republican 19 Majority in this house, and it says to the 20 world, you're presenting a budget. That 21 budget is based upon your estimate of what the 22 revenues are. If you are wrong, we will not 23 touch what you have offered. The money that 24 you have spent goes where you want it to be 25 spent, but if you are wrong and there is extra 1 money, let us put it in the box, let us get it 2 around the state and let us do what we need to 3 do for the safety of our own children. 4 Thank you, Mr. President. I 5 move the amendment. 6 ACTING PRESIDENT KUHL: Any 7 other member wishing to speak on the 8 amendment? 9 Hearing none, the question is 10 on the amendment. All those in favor signify 11 by saying aye. 12 SENATOR PATERSON: Party vote 13 in the affirmative. 14 SENATOR LARKIN: Party vote in 15 the negative. 16 ACTING PRESIDENT KUHL: 17 Secretary will read the -- call the roll. 18 Excuse me. 19 (The Secretary called the 20 roll. ) 21 ACTING PRESIDENT KUHL: Record 22 the party line vote, announce the results. 23 THE SECRETARY: Ayes 23, nays 24 35, party vote. 25 ACTING PRESIDENT KUHL: The 1 amendment fails. 2 Senator Dollinger, why do you 3 rise. 4 SENATOR DOLLINGER: Mr. 5 President, will the sponsor yield to just a 6 couple quick questions? 7 ACTING PRESIDENT KUHL: Senator 8 Stafford yields. 9 SENATOR DOLLINGER: I got 10 through about 50 pages, Senator Stafford, 11 reading as quickly as I could. On page 45, 12 line 44, it talks about traditional and 13 flexible school years. Are we changing the 14 school year, the public school year in New 15 York State in this language? 16 SENATOR STAFFORD: No. 17 SENATOR DOLLINGER: Do you know 18 what we're doing with the flex... why the term 19 "flexible school year" is mentioned in the 20 budget? Could you tell me what we're doing to 21 change to a flexible school year? 22 SENATOR STAFFORD: The answer 23 -- I think your question is very, very well 24 taken and many of us in various areas of the 25 state are very, very concerned with changing 1 the school year and, as a matter of fact, 2 there are others that argue that there are 3 good reasons. I talked to our people at 4 length concerning this issue, and as a matter 5 of fact, to the best of my recollection, what 6 this does do is give some of the districts, 7 especially New York City, the option to really 8 review and possibly experiment with changing 9 some of the -- some of the calendars. 10 I would say to you that this 11 will give us an opportunity to see if this 12 really is something that will be helpful. I 13 share the concern of changing the overall 14 calendar myself, changing the school year, 15 because I selfishly am very concerned about 16 it. 17 On the other hand, I don't 18 think we should stop the experimentation and 19 let them really see if it is necessary. 20 SENATOR DOLLINGER: Again 21 through you, Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Stafford, do you continue to yield? Senator 24 continues to yield. 25 SENATOR DOLLINGER: I know this 1 matter has been talked about but do you know 2 whether this has actually gone through the 3 Education Committee, the question of creating 4 a flexible school calendar that would allow 5 the city of New York or others - 6 SENATOR STAFFORD: I know it's 7 something -- I know again, your question as 8 always is very well taken, and you're getting 9 to the heart of the procedure of our house and 10 I understand that, and in which you're 11 entirely competent to do so, but I would share 12 with you as one who's been here in the house, 13 this is an issue that has been discussed, 14 reviewed and discussed by the educational 15 establishment, by those on the committee, by 16 those who are interested in education and, of 17 course, it has now come to being included. It 18 is as an experiment. Whether that actual 19 specific item was voted on by the committee, I 20 see your point, but I assure you that it's 21 something that's been out there and has been 22 -- as a matter of fact, for those who don't 23 agree with you and me, who think that maybe 24 this is something we should really move 25 toward, they think it's been discussed, 1 reviewed, and too much. 2 SENATOR DOLLINGER: Again 3 through you, Mr. President, if Senator 4 Stafford would yield. 5 SENATOR STAFFORD: Sure. 6 SENATOR GOLD: Just one final 7 question. Does this language bill give them 8 the authority to implement a flexible school 9 calendar, or does it simply give them the 10 authority to study? Is it a study bill or is 11 it an authority bill? 12 SENATOR STAFFORD: Well, I hear 13 you. It's an option. I think it's understood 14 that it's more of an experiment and what we're 15 doing, and again, I'm as concerned about 16 changing the calendar as anyone. All you have 17 to do is look at my district, where it is, but 18 what we're doing, they're going to be able to 19 experiment and study this and they won't lose 20 school aid if they do. 21 SENATOR DOLLINGER: O.K. 22 SENATOR STAFFORD: That's 23 really what it's for. 24 SENATOR DOLLINGER: Thank you 25 for that clarification. 1 Just one other series of 2 questions, and again I got only through the 3 first 55 pages. If Senator Stafford would 4 continue to yield. 5 ACTING PRESIDENT KUHL: Senator 6 Stafford, do you continue to yield? Senator 7 continues to yield. 8 SENATOR DOLLINGER: Referencing 9 pages 53 through 55 which talks about the 10 relationship between boards of education and 11 the Dormitory Authority, does this language 12 bill allow a board of education to use the 13 Dormitory Authority to bond and borrow funds 14 for capital construction for school buildings? 15 SENATOR STAFFORD: Yes, and 16 again I think this is something that's worthy 17 of discussion here on the floor, because I, 18 for one, have been one who has argued that we 19 should be using the Dormitory Authority rather 20 than creating new entities, new facilities, so 21 to speak. 22 I think the Dormitory Authority 23 in the administrations that I have been here 24 and that's one, two, three, four, five, six - 25 A VOICE: Decades. 1 SENATOR STAFFORD: That's 2 right, decades - 3 SENATOR DOLLINGER: I was going 4 to say decades. 5 SENATOR STAFFORD: Not decades, 6 no, administrations. You have to halve that 7 as far as decades, but I think the Dormitory 8 Authority has done well, and I think it's a 9 good -- good agency, and I think it makes 10 sense to have them here and to save money, 11 which I think is good. 12 SENATOR DOLLINGER: Again 13 through you, Mr. President, if Senator 14 Stafford will yield, and I know this is a 15 budget bill, but and again I've only been 16 through the first 50 pages, but this again is 17 an issue that has been a subject of 18 discussion, but I don't know that it's 19 actually been reviewed and that we've got a 20 bill from the Education Committee or from the 21 Higher Education Committee about this topic. 22 My question is, does this 23 change the bidding procedure that a school 24 district would use, and specifically does it 25 allow a school district to avoid the Wicks Law 1 in the imposition of school contracting? 2 SENATOR STAFFORD: First, I - 3 all at once, a light went on, and I do have to 4 point this out, that when you said it hadn't 5 been considered by the committee, the issue 6 that we just discussed has been passed two 7 years in a row through the Education Committee 8 in this house, so I think that should be 9 pointed out. 10 Finally, with the Wicks Law it 11 would be exempt, as you know, because the 12 Dormitory Authority is exempt from the Wicks 13 Law. 14 SENATOR DOLLINGER: So in 15 essence this would allow public boards of 16 education to do their reconstruction, their 17 capital projects, through the Dormitory 18 Authority and avoid the restrictions of the 19 Wicks Law? 20 SENATOR STAFFORD: The 21 Dormitory Authority is exempt from the Wicks 22 Law. 23 SENATOR DOLLINGER: O.K. 24 Through you, Mr. President, I appreciate the 25 chairman of the Finance Committee. Just on 1 the bill, briefly. 2 SENATOR STAFFORD: Sure. 3 SENATOR DOLLINGER: This is the 4 -- I won't say the danger of the current 5 budget process, but this is clearly one of its 6 temptations is that I understand that this is 7 a big bill. This is making policy choices, 8 very significant policy choices, in critical 9 areas and I've just been through the education 10 part, reading enormously quickly, speed 11 reading as fast as I could. 12 We're already doing two 13 things. We're creating a flexible school 14 calendar option for some school districts 15 which would allow them to impose compulsory 16 attendance on students in July and August. 17 Very important issue. Maybe critical, I 18 understand the difficulties in the city of New 19 York, the idea of the year round education, 20 all age, an important educational issue for 21 this state; but here we are on the floor of 22 this Senate doing a bill that has -- oh, I 23 don't know, 600 pages of material attached to 24 it and we're about to go into a commitment for 25 a flexible school year, something that I think 1 we ought to debate in greater detail on the 2 floor of this house, even though I know while 3 Senator Cook and the Education Committee has 4 been thinking about this issue, they've had 5 conversations but certainly it's never come to 6 the attention of me as a member of this 7 house. I'm not a member of the Education 8 Committee, but we're already going down that 9 road in a huge bill with, the best I can tell 10 from this Senator's, perspective 20 minutes of 11 aggressive reading through the bill. 12 That is an enormous change in 13 state policy, one that I think we should look 14 at apart from the context of a huge budget 15 bill. 16 The second policy change that I 17 found, and again through quick reading, is 18 we're now going to change the relationship 19 between the Dormitory Authority and local 20 boards of education, again an issue that is 21 not new in the sense it hasn't been discussed 22 by others, but nonetheless we're doing it in 23 the context of this budget. We're now going 24 to allow public boards of education to avoid 25 the strictures of the Wicks Law by doing it 1 through the Dormitory Authority -- a 2 significant change in public policy 3 accomplished in the context of this budget 4 with what I anticipate will be little or no 5 debate on the floor of this chamber. 6 I would love to hear the 7 enlightening arguments about why we're doing 8 this, and the pros and cons, and have this 9 issue debated in total if these were free 10 standing bills. Instead, it's all wrapped in 11 this grand compromise or this grand attempt at 12 legislating quickly, so that we can meet our 13 budget deadline. 14 These issues should be debated 15 here on the floor in separate debates, and I 16 -- I think I've indicated to the chairman of 17 Finance that I'll vote against this bill. My 18 fear is that this bill is loaded with policy 19 changes like that, over which no one in this 20 chamber other than members of the staff, and 21 God bless them, they've worked very hard to 22 put it together, but the staff may know a lot 23 about what's in here that's changing public 24 policy but I doubt that the members of this 25 body know that, and I would simply like 1 everybody to have the time to read through it 2 in greater detail and maybe better understand 3 what we're doing -- creating a flexible school 4 year, changing the relationship between local 5 boards of education and the Dormitory, and the 6 impact of the Wicks Law, two significant 7 policy changes in the first 50 pages. 8 I don't doubt there are lots of 9 other complicated changes in public policy 10 included in this budget that won't even be 11 talked about today and that may surprise us 12 when we finally find out what we voted on. 13 ACTING PRESIDENT KUHL: Senator 14 Stafford. 15 SENATOR STAFFORD: Mr. 16 President, Senator Dollinger and I this year, 17 we're setting an example of the epitome of 18 collegiality, and we find that we get a lot 19 more done that way. 20 I want to say that, when we 21 passed the budget bills last week, I want to 22 make it very clear that no one criticized it, 23 so I got thinking about, I kind of criticized 24 myself, because I tend to say too little, when 25 it comes to bills in debate, and -- but I've 1 been here 33 years, and I've learned that what 2 I learned when I came down here in 1956 and 3 1957 -- I was a junior in college in '56 and a 4 senior in '57. 5 Most of the work and the really 6 substance that goes into this with the various 7 committees, various members, various staff 8 members, various people involved who have 9 interest in legislation. You find that most 10 of the work is done -- I hate to use this 11 term, but it's true -- it's done off the 12 floor. I mean it just is; it is. When it 13 comes to these bills, and your point is well 14 taken, I think we've got to continue to make 15 sure that we do things in the light of day, 16 and without being argumentative, I would point 17 out, for instance -- for instance, we've taken 18 the provision that was in the Governor's 19 Article -- the Governor's Article VII bill 20 since January, and that was the item with the 21 -- I wanted to make sure they were both 22 there, in the Dormitory Authority provisions 23 and in the flexible school year, so that's 24 been in front of us for three months. Now, 25 three months, some days have 31 days, others 1 have 30, but if we multiply just say 30 days, 2 that means that it's been in front of us for 3 90 days. 4 Now, the only reason I say 5 this, when the bills come out, we can all say 6 there's a lot here and, wait a minute, have 7 we -- I'm not saying there aren't exceptions, 8 I think we have to guard against it, but I 9 want to point out that after the years I've 10 been here, when the legislation passes, for 11 the most part and almost always it's issues - 12 it involves issues that have been considered, 13 been debated, been reviewed, in other words 14 they've been there, and this legislation is no 15 different. 16 I will not say that we don't 17 have to be careful, that we just don't put 18 something out that's never been considered, 19 but to the -- to compliment the leadership in 20 both houses and to compliment the Governor, my 21 friends, and you know you get so sick of 22 hearing, Oh, you should have seen the way it 23 was the old ways, I know we get fed up with 24 that. We cannot have it any more where we 25 just pass things that have never been 1 considered, because the first thing you know 2 there'd be more than one or two of us standing 3 up. 4 Now, do we have to make sure 5 that we have items, that we have consideration 6 of issues that have matured, that have been 7 reviewed? Yes, and I will stand here and say 8 that those are two issues that have been out 9 there and, interestingly enough, you have 10 people on both sides of this issue and there 11 are many of them who feel it's been considered 12 too long, you know, and now we finally got 13 something in writing which I think has been, 14 New York City have an interest there, and 15 rightfully so. They want to really look at 16 this and see if they can do something with the 17 flexible school year, and I have said for 18 years, well, I'm very concerned about it, but 19 I don't think we should be blocking it, and I 20 think this is again just putting it out 21 there. 22 SENATOR DOLLINGER: Mr. 23 President. If I could, Mr. President, just 24 briefly. 25 I agree with Senator Stafford. 1 I don't so much critique the process. I 2 understand the compromise necessary to get 3 this -- and that this, because it's a language 4 bill, has lots of details in it, and ideas in 5 it, proposals that may come from the 6 Governor's budget and certainly the concept of 7 compulsory education in July and August is not 8 new. It's just never been specifically 9 debated on the floor, that I recall, and the 10 same thing is true with the Dormitory issue 11 and the school districts, and I'm just 12 suggesting that I understand the political and 13 other needs to get this done in a big package 14 and to put other things on it so that the 15 snowball has everything, a concept for lots of 16 people to make a compromise work. I don't 17 criticize that, Senator Stafford. I'm just - 18 I want to make sure that I know what I'm 19 voting on, and seeing those two issues just 20 suggest to me that there are a lot of other 21 changes in here as well that further we could 22 find. 23 So thank you, Mr. President. 24 ACTING PRESIDENT KUHL: Is 25 there any other Senator wishing to speak on 1 this bill? 2 SENATOR STAFFORD: Last 3 section, please. 4 ACTING PRESIDENT KUHL: 5 Secretary -- Senator Paterson. 6 SENATOR PATERSON: Mr. 7 President, I believe, recognize Senator 8 Lachman. We have another amendment at the 9 desk. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Lachman. 12 SENATOR LACHMAN: Thank you, 13 Mr. President. 14 These amendments that I will be 15 discussing should not be considered as hostile 16 amendments. They're not so hostile, because I 17 consider them to be enhancement amendments. I 18 consider them to be enhancement amendments 19 because they enhance the possibility of 20 children to learn and the possibility of 21 teachers to teach, and these enhancement 22 amendments provide enhancements in education, 23 not only for the children of the city that I 24 attend, that I live in and represent, but also 25 for the Big Five cities. Let me take them one 1 at a time if I may, Mr. President. O.K. 2 The first amendment deals 3 with - 4 ACTING PRESIDENT KUHL: You 5 would need to address -- Senator Lachman. 6 SENATOR LACHMAN: -- teacher 7 support aid. 8 ACTING PRESIDENT KUHL: All 9 right. You're asking -- you're offering that 10 amendment up, asking - 11 SENATOR LACHMAN: I'm offering 12 that amendment now. 13 ACTING PRESIDENT KUHL: And 14 asking that the reading of it be waived and 15 that you be afforded an opportunity to explain 16 it. 17 SENATOR LACHMAN: I'm asking 18 that the reading for this amendment be waived 19 and that I may be permitted to speak on the 20 amendment. 21 ACTING PRESIDENT KUHL: Reading 22 of the amendment is waived. You now have the 23 floor for the purpose of explaining the 24 amendment. 25 SENATOR LACHMAN: O.K. This 1 amendment supplies greater funding to teacher 2 support aid that is currently supplied, and it 3 supplies this aid in a way that enhances the 4 learning of students, and it does not limit 5 this enhancement to New York City as the 6 Assembly bill does. It increases the 7 enhancement to the Big Five, Buffalo, 8 Rochester, Syracuse, Yonkers and New York 9 City, and they comprise -- their students 10 comprise 42 percent of all public school 11 students in the state of New York. 12 Now, the New York State 13 Education Department figures show a 14 discrepancy between the pupil-teacher ratio, 15 the median teacher salary and the teacher 16 turnover rate from the Big Five urban areas as 17 against -- in comparison to the rural areas 18 and to the non-urban suburban areas in New 19 York. 20 The Big Five should stand 21 together, and that is Buffalo, Rochester, 22 Syracuse, Yonkers and New York City, but they 23 should not stand together against the rest of 24 New York. They should stand together with the 25 rest of New York. As I earlier this week 1 emphasized in supporting the barn and farm 2 amendment that was introduced by Senator 3 Hoffmann, we are one state, and if you find a 4 pupil-teacher ratio in New York City and the 5 large city districts, the Big Five, of about 6 15 percent and districts excluding the Big 7 Five of 14 percent, if you have salary 8 discrepancies of 3- to $4,000 a year and if 9 you have teacher turnover rates that are 10 double what they should be in other parts of 11 the state, then we know we have a serious 12 problem. 13 Now, NYSUT, the New York State 14 United Teachers, and the UFT claim that the 15 teacher support aid, if it is not reinstated, 16 the teachers in New York City and other cities 17 would lose thousands of dollars each. The Big 18 Five school districts and New York City need 19 teacher support aid in order to compete with 20 the higher salaries offered in nearby suburban 21 districts. The Big Five districts, again 22 Buffalo, Rochester, Syracuse, Yonkers and New 23 York City, because they have this competition, 24 this higher turnover of teachers and lower 25 salaries and poor working conditions, are in 1 need of this amendment which would increase 2 teacher support aid by the tune of $10,800,000 3 and I urge the adoption of this amendment at 4 this time. 5 ACTING PRESIDENT KUHL: Any 6 other member wishing to speak on the 7 amendment? 8 The question -- Senator 9 Stavisky, on the amendment. 10 SENATOR STAVISKY: Mr. 11 President, I'm going to comment on the higher 12 education implication of this amendment, and 13 waive the reading and request the opportunity 14 to explain it. 15 We are a single state, and I 16 recognize that, and that's why this deals with 17 a restoration of funds to compensate for the 18 cuts that are in the Governor's budget for 19 CUNY and SUNY, and we are suggesting that the 20 restorations take place in the reduction of 21 tuition by $250 in each instance. 22 More about this when my 23 amendment comes up. I thought it was all part 24 of a single amendment, so I will defer my 25 comment now. 1 Thank you. 2 ACTING PRESIDENT KUHL: Senator 3 Paterson, why do you rise? 4 SENATOR PATERSON: Mr. 5 President, why don't we vote on the amendment 6 that is on the floor and then move to the next 7 amendment. 8 ACTING PRESIDENT KUHL: 9 Question is on the amendment offered by 10 Senator Lachman. All those in favor signify 11 by saying aye. 12 SENATOR PATERSON: Party vote 13 in the affirmative. 14 SENATOR LARKIN: Party vote in 15 the negative. 16 ACTING PRESIDENT KUHL: 17 Secretary will call the roll, record the party 18 line votes and announce the results. 19 (The Secretary called the 20 roll. ) 21 THE SECRETARY: Ayes 25, nays 22 35, party vote. 23 SENATOR PATERSON: Mr. 24 President. 25 SENATOR LACHMAN: Mr. 1 President, I have another amendment dealing 2 with teacher centers. I'd like to have the 3 reading waived so that I may speak on it. 4 ACTING PRESIDENT KUHL: Senator 5 Lachman, the reading of your second amendment 6 is waived, and you're now afforded the 7 opportunity to explain the amendment. 8 SENATOR LACHMAN: Thank you. I 9 have read many studies dealing with the 10 improvement of education via the changes in 11 the governance of education, and they have 12 mixed results. Studies that I have read 13 dealing with teacher centers and how this 14 improves education in elementary and secondary 15 education, are universally positive. Teacher 16 centers do provide a positive impact upon the 17 learning experience of children in the public 18 schools of New York State. 19 My second amendment provides an 20 additional $10 million to teacher resource and 21 computer training centers for the coming 22 school year. Teacher centers are not new. 23 They have been around for at least a decade, 24 and they are designed and they are operated 25 and run by teachers and provide useful 1 training and skills development. They have 2 played a major role, Mr. President, in taking 3 a number of the SURR schools off the list of 4 New York City. This is what I consider 5 another education enhancement amendment. 6 ACTING PRESIDENT KUHL: Senator 7 Stavisky, on the amendment, did you wish to 8 speak now? 9 SENATOR OPPENHEIMER: He has an 10 amendment. 11 ACTING PRESIDENT KUHL: Senator 12 Oppenheimer. 13 SENATOR OPPENHEIMER: Thank 14 you, Mr. President. 15 ACTING PRESIDENT KUHL: On the 16 amendment. 17 SENATOR OPPENHEIMER: Yes, on 18 the amendment. 19 I just want to speak on behalf 20 of teacher centers which are so vital to at 21 least education certainly in my area, and I 22 would assume around the whole state. 23 Teaching tends to be an 24 isolating experience. A teacher normally is 25 in a single classroom most of the day and 1 doesn't have much opportunity to communicate 2 with other teachers. The teacher center 3 offers that opportunity. The teacher center 4 also offers the opportunity to enhance 5 skills. The fact is that many of my teachers 6 say that some of their children in their 7 classes could teach them about the -- how the 8 computer works and how they can benefit from 9 utilization of the computer in their 10 preparation of their daily lessons. 11 It is so significant to the 12 advancement of the learning of our 13 teachers. I was fortunate enough to be taken 14 into one class in a teacher center in my 15 district, and I must say it was a very 16 edifying experience. They are remarkable, 17 teacher centers, when they work well. They 18 can work in consolidation with several 19 different school districts. I have an example 20 of that, and the cross-fertilization that 21 occurs when teachers are able to explore new 22 fields, advance their learning in fields they 23 already know and communicate with one another, 24 it is simply extraordinary and we need to 25 support additionally the teacher centers by 1 the amount of $10 million. 2 ACTING PRESIDENT KUHL: Any 3 other Senator wishing to speak on the 4 amendment? 5 Hearing none, the question is 6 on the amendment. All those in favor signify 7 by saying aye. 8 SENATOR PATERSON: Party vote 9 in the affirmative. 10 SENATOR LARKIN: Party vote in 11 the negative. 12 ACTING PRESIDENT KUHL: 13 Secretary will call the roll. 14 (The Secretary called the 15 roll. ) 16 ACTING PRESIDENT KUHL: Record 17 the party line votes. 18 THE SECRETARY: Ayes 25, nays 19 35, party vote. 20 ACTING PRESIDENT KUHL: The 21 amendment is lost. 22 Senator Montgomery? Excuse 23 me. Senator Leichter, did you have an 24 amendment on this that you'd like to offer? 25 SENATOR LEICHTER: I believe I 1 do, Mr. President. 2 ACTING PRESIDENT KUHL: Are you 3 asking that the reading be waived at this 4 time, Senator Leichter? 5 SENATOR LEICHTER: Yes, the 6 reading be waived and if I may have an 7 opportunity to explain it. 8 ACTING PRESIDENT KUHL: The 9 reading is waived, and you have the floor to 10 explain the amendment. 11 SENATOR LEICHTER: Yes, Mr. 12 President, thank you. 13 My colleagues, this amendment 14 really deals with the legislative budget. The 15 reason I'm bringing it up at this time is 16 because, as you know, we now need to make any 17 language changes to the language bill. What 18 my amendment does, very simply, is itemizes 19 the legislative budget. As you know, for 20 these many years, I've stood up on this floor 21 and beforehand in the Assembly, and pleaded 22 with my colleagues to do what is required by 23 law, to be honest with the public and to 24 itemize the legislative budget. 25 I guess it's a reflection on my 1 persuasion that 30 years later, that budget is 2 in almost the identical form that it was 30 3 years ago. It's a budget that's shrouded in 4 secrecy, has lump sum appropriation. Nobody 5 can figure out really what the monies that are 6 being appropriated -- and they're very 7 substantial sums -- are really going to be 8 spent for. 9 So I've argued with my 10 colleagues, Democrats in the Assembly as well 11 as Republicans in the state Senate, that we 12 ought to be honest, that we should not be 13 contemptuous of the public, and I think if the 14 fact that we continue to have the same budget, 15 maybe reflects on my powers of persuasion or 16 lack thereof, I think it also reflects on a 17 certain cavalier and contemptuous attitude 18 that the Legislature has for the public, and I 19 guess you could describe it, Listen, as long 20 as we can get away with it, we're going to do 21 it; but it's unfortunate, it's sad, and I 22 think it's one of the reasons that this 23 legislature is not held in the high esteem 24 that all of us would like to see it. 25 There's no reason in the world 1 why we can't honestly, fully, openly describe 2 to the public how we're going to spend the 3 money. If we don't think we're spending it in 4 an appropriate manner, then maybe we shouldn't 5 be spending it and, if it is appropriate, if 6 the money is going be spent for the public 7 good, if it's going to be spent in a way 8 that's reasonable and sensible, why can't we 9 let the public know? What are we hiding? 10 I think we know some of the 11 things that we're hiding. We're hiding, one, 12 a great disproportion between what goes to the 13 Majority and what goes to the Minority. Total 14 unfairness. Majority in the Assembly 15 completely discriminates against the Minority 16 and some of you served in the Minority in the 17 Assembly, and you know, our recent colleague 18 Senator Balboni, I'm sure, could tell us about 19 the bias and the discrimination in the 20 allocation of funds that exists in the 21 Assembly and, of course, the same thing exists 22 here in the Senate, and it's inexcusable. 23 One of the reasons or one of 24 the ways that that is achieved is by having 25 this undetailed legislative budget, a budget 1 that really shouldn't be called by the term, 2 quote, "budget", unquote, because budget means 3 that you specify and you detail what 4 expenditures are being made; but that's not 5 the case with this budget. Some people have 6 said in excuse and rationale, well, it's 7 difficult to set it forth, and so on. Not 8 difficult at all. Very simple, and my 9 amendment shows how you could have very 10 simply, very easily and very clearly a 11 detailed budget. 12 Now, I regret to say that the 13 Majority Leader is failing to keep a promise 14 that he made to this body three years ago when 15 I got up and complained about the legislative 16 and judicial budget in 1995, had a debate with 17 Senator Bruno. Here's what Senator Bruno said 18 on the floor. This is from the record: 19 "Senator, I think all of us in 20 this chamber are in agreement that we should 21 have more detailed budgets, that the public 22 has a right to know and, as I assume the 23 leadership in this house, I publicly declare 24 that we will have in the Legislature, in the 25 Senate, full disclosure of all the 1 expenditures in this Senate, and we are 2 presently contemplating that starting January, 3 as we have mentioned before, of next year, 4 that you will see every cent -- every cent 5 that we appropriate and spend itemized -- your 6 staff, my staff, Senator Gold's staff, even 7 Senator Stafford's." 8 "SENATOR LEICHTER:" I replied, 9 "Just so that I'm clear, Senator Bruno, as I 10 understand it, that itemization and that 11 information, that openness that you have 12 committed yourself to, will also be reflected 13 in the legislative budget?" 14 Senator Bruno replied: "I think 15 you will be very happy, very satisfied, as 16 will my colleagues here, to see every cent 17 that we spend itemized, so that everyone's 18 salary is itemized, all the expenditures, for 19 travel, for office expense, for your district 20 office, itemized, and don't know how much more 21 fully we can disclose than that." 22 Well, I'm sorry, Senator Bruno, 23 that itemization isn't there. Not only don't 24 you tell us how every cent is spent, you 25 don't tell us how millions are being spent. 1 Now, it's true that we finally forced this 2 body to come out with an expenditure report, 3 but that comes out six months later. That's 4 not a budget. A budget, you should know in 5 advance, this is how the money is going to be 6 spent. To come six months later and to say to 7 somebody, Well, thanks for appropriating this 8 money, here's how we spend it, is certainly 9 not the same thing. 10 You know, there's no reason, no 11 justification for not having an itemized 12 budget. We ought to do it, and as long as I'm 13 in this chamber or in this Legislature, and 14 have been here some say too long -- I don't 15 know whether it will be longer, maybe it will, 16 maybe it won't -- but I certainly will get up 17 and make this point. Some have said, you 18 know, Why don't you give up, and so on. Well, 19 I'm not going to let ennui, I'm not going to 20 let discouragement overcome me. 21 I just think what we do is 22 wrong. We can be better; we can do the right 23 thing; we can do what the executive does, what 24 we demand of the executive, have an itemized 25 budget. We can do what Senator Bruno 1 committed himself to do which is to itemize 2 every cent. 3 So, Mr. President, that's what 4 my amendment does, and I hope finally after 30 5 years, I'm a little more persuasive and we'll 6 pass it. 7 SENATOR STACHOWSKI: Party vote. 8 ACTING PRESIDENT KUHL: 9 Question is on the amendment. All those in 10 favor signify by saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (Response of "Nay.") 14 The amendment is lost. 15 The Chair recognizes Senator 16 Montgomery for the purposes of an amendment. 17 SENATOR MONTGOMERY: Yes, Mr. 18 President. I believe I have an amendment at 19 the desk. I would like to waive the reading 20 of it. 21 ACTING PRESIDENT KUHL: The 22 reading of the amendment is waived, Senator, 23 and you are now afforded the opportunity to 24 explain. 25 SENATOR MONTGOMERY: Yes, I 1 would like to explain my amendment. 2 Mr. President, I have an 3 amendment to this budget, the language budget, 4 which simply would ensure that we are 5 including school-based health centers as part 6 of our overall Child Health Plus insurance 7 program. It would do several things. 8 Number one, it would require 9 that Child Health Plus insurers include 10 school-based health centers in their network 11 of health care providers in order to be 12 eligible to offer the program. 13 Secondly, it would stipulate 14 that Child Health Plus providers must have 15 appropriate experience in providing services 16 to children and youth, and be of sufficient 17 size and cover a large enough geographic area 18 to ensure access for children; and 19 Three, it would allow the 20 school-based health clinic to function as an 21 outreach and enrollment location so that they 22 are part of our very, very important mission 23 of enrolling larger numbers of eligible 24 children. 25 Mr. President, this amendment 1 is, in fact, an amendment that if not 2 overlooked by the Governor, it would have been 3 supported and included by him because it will 4 assist in making it possible for us to reach 5 the goal which has been stated by the Governor 6 himself, through his Commissioner, and that is 7 to expand our child health insurance program 8 and to enroll larger numbers of children into 9 -- so that they're covered by health - 10 health insurance. 11 The amendment goes one step 12 further in that it brings out the access issue 13 into the equation so that not only do we 14 insure those youngsters but we also provide a 15 network of accessible health care clinic 16 programs at their school sites, and it reduces 17 the need to go out and find them. They are 18 already there. 19 We will be providing for them 20 the health care that they need. We will be 21 covering them with insurance, and basically 22 with this amendment today, when we all vote 23 yes on it, we will be fulfilling the mission 24 of our Governor. 25 So, Mr. President, I ask that 1 we have a yes vote by all parties in the room 2 on my amendment. 3 Thank you. 4 ACTING PRESIDENT KUHL: 5 Question is on the amendment. Secretary will 6 call the roll. 7 (The Secretary called the 8 roll. ) 9 SENATOR PATERSON: Party vote 10 in the affirmative. 11 ACTING PRESIDENT KUHL: Record 12 the party line votes, announce the results. 13 THE SECRETARY: Ayes 25, nays 14 35, party vote. 15 ACTING PRESIDENT KUHL: The 16 amendment is lost. Secretary will read the 17 last section. 18 THE SECRETARY: Section 2. 19 This act shall take effect April 1. 20 ACTING PRESIDENT KUHL: Call 21 the roll. 22 (The Secretary called the 23 roll. ) 24 ACTING PRESIDENT KUHL: Record 25 the negatives and announce the results. 1 THE SECRETARY: Ayes 59, nays 2 one, Senator Dollinger recorded in the 3 negative. 4 ACTING PRESIDENT KUHL: The 5 bill is passed. 6 Senator Skelos. 7 SENATOR SKELOS: Would you call 8 up Senate 6100-A, please. 9 THE SECRETARY: The Secretary 10 will read the title to Calendar Number 491, 11 it's Senate Print 6100-A. 12 THE SECRETARY: Calendar Number 13 491, budget bill, Senate Print 6100-A, an act 14 making appropriations for the support of 15 government on Legislature and Judiciary 16 Budget. 17 ACTING PRESIDENT KUHL: 18 Secretary will read the last section. 19 THE SECRETARY: Section 5. 20 This act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call 22 the roll. 23 (The Secretary called the 24 roll. ) 25 ACTING PRESIDENT KUHL: Senator 1 Hoffmann, why do you rise? 2 SENATOR HOFFMANN: May I have 3 my name called to explain my vote. 4 ACTING PRESIDENT KUHL: Senator 5 Hoffmann, to explain her vote. Record the 6 negatives that have their hands raised. Will 7 the members who are voting against 6100-A 8 please raise their hands. 9 Senator Hoffmann. 10 SENATOR HOFFMANN: Mr. 11 President, I share the concerns voiced by 12 Senator Leichter with such eloquence and 13 brevity, and I will not take any more of this 14 chamber's time today, but I would like to 15 assure my colleagues this is an issue which 16 does not go away when we leave this chamber or 17 when we do eventually pass a budget. 18 The taxpayers of this state 19 would like to know how their money is being 20 spent by their legislators. Sooner or later, 21 we will find it politically expedient if not 22 in our deepest personal interest to make it 23 clear to people that we are spending their 24 money in an appropriate manner. 25 So I will vote no until such 1 time as I can safely assure them that it is, 2 in fact, all being spent in an appropriate 3 manner and is fully documentable. 4 ACTING PRESIDENT KUHL: 5 Announce the results. 6 THE SECRETARY: Those recorded 7 in the negative on Calendar Number 491 are 8 Senators Dollinger, Hoffmann, Leichter, 9 Montgomery and Seabrook. Ayes 55, nays 5. 10 ACTING PRESIDENT KUHL: The 11 bill is passed. 12 Senator Skelos. 13 SENATOR SKELOS: Would you call 14 up Senate 6105-B, please. 15 ACTING PRESIDENT KUHL: 16 Secretary will read the title to Calendar 17 Number 492, Senate 6105-B. 18 THE SECRETARY: Calendar Number 19 492, Budget Bill, Senate Print 6105-B, an act 20 making appropriations for the support of 21 government (Education, Labor and Family 22 Assistance Budget.) 23 SENATOR STACHOWSKI: 24 Explanation. 25 ACTING PRESIDENT KUHL: Senator 1 Stafford, an explanation of Calendar Number 2 492, which is Senate Print 6105-B, has been 3 requested by Senator Stachowski. 4 SENATOR STAFFORD: Thank you. 5 Mr. President, this, like all 6 the budget bills, is important, but many would 7 argue that this is one of the most important 8 and I would -- I would agree. This is the 9 Education, Labor and Family Services Budget. 10 Now, this part of the budget 11 increases spending by 196.6 million over what 12 was originally proposed and sent to us. The 13 increase is a combination of 330 million in 14 increased elementary and secondary school aid 15 for the 1998-99 school year and 55 million for 16 increased higher education support offset by 17 lower public assistance expenditures. 18 This budget bill finances the 19 total year of increased -- aid increase of 846 20 million, or 7.7 percent, and I might add this 21 is the largest increase in the history of the 22 Empire State. The bill funds an $18 million 23 TAP increase for the 1998 academic year, a 24 $150 per pupil increase in community college 25 aid for both SUNY and CUNY and provides a $5 1 million Bundy Aid increase for independent 2 colleges, and expands the current economic job 3 training contract course program which many of 4 us have found very beneficial, and just 5 tremendous in our areas. 6 And finally, the bill lines out 7 the SUNY and CUNY capital projects be included 8 in the Governor's five-year $3 billion program 9 based upon the capital plan submitted by both 10 SUNY and CUNY. 11 Thank you. 12 ACTING PRESIDENT KUHL: Any 13 other Senator wishing to speak on the bill? 14 Senator Gentile. 15 SENATOR GENTILE: Mr. 16 President, I believe I have an amendment at 17 the desk. 18 ACTING PRESIDENT KUHL: There 19 is, Senator Gentile. You asking that the 20 reading of it be waived? 21 SENATOR GENTILE: I do, sir. 22 ACTING PRESIDENT KUHL: The 23 request is granted, and you are now afforded 24 the opportunity to speak on the amendment. 25 SENATOR GENTILE: Thank you, 1 Mr. President. 2 Last -- in the Environmental 3 Bond Act this state made a commitment to 4 convert the coal-burning furnaces in our 5 schools across New York State, and in the 6 first allocation of money from that bond act 7 and in the second allocation, it has become 8 clear to those in this state, especially those 9 in the public schools, that the money 10 allocated in this and the slow pace of these 11 conversions of coal-burning furnaces is not 12 acceptable. It is such a slow pace that those 13 students who are now attending grade school 14 will graduate with their high school diploma 15 before all the schools in this state have 16 converted their coal-burning furnaces under 17 the Environmental Bond Act. 18 It is certainly -- it is 19 certainly a sight to see as schools are using 20 19th Century technology as we are about to 21 enter the 21st Century, as you go around and 22 see them actually shoveling coal into the 23 burners in the schools. 24 My amendment, Mr. President, 25 increases, therefore, the appropriation for 1 the clean air -- Clean Air for Schools program 2 funded through the Clean Water/Clean Air Bond 3 Act to a recommended level of $53 million. 53 4 of the 279 schools with coal-burning furnaces 5 in New York City, for example, are ranked 1-B, 6 2 and 3-A by the Board of Education, the 7 highest rankings meaning the worst schools 8 with the coal-burning furnaces. 9 It costs approximately a 10 million dollars per conversion to complete 11 this work. Therefore, our amendment that we 12 are proposing here today, that I am proposing, 13 would ensure that the work -- that the schools 14 get fixed on an expedited basis. Indeed, in 15 my district, in Brooklyn for example, district 16 20, 65 percent of the schools still burn coal 17 as their heating source. That's 19 schools, 18 19 schools, just in my district in Brooklyn 19 still burn coal in their burners, and I'm sure 20 the other members of the New York City 21 delegation can say much the same about their 22 districts too. 23 I also have four schools in the 24 Staten Island portion of my district that 25 still burn coal. Again this is as we enter 1 the 21st Century, we are still using 19th 2 Century technology. It's clear as has been 3 studied that the coal-burning furnaces pose 4 health hazards to the faculty and staff at the 5 school, certainly to the students of the 6 schools. The pollution it creates in the 7 community and the soot and grime it creates 8 throughout the community is something that we, 9 as we enter the year 2000, should not have to 10 be saddled with. 11 The money in a surplus year can 12 be provided to expedite this process. That's 13 the purpose of this amendment, and I ask that 14 we pass it. 15 ACTING PRESIDENT KUHL: The 16 question is on the amendment. All those - 17 Senator Markowitz on the amendment. 18 SENATOR MARKOWITZ: I'd like to 19 join with Senator Gentile. There are several 20 of these schools that are located in my 21 district. It's kind of hard to explain to the 22 kids and the staff that work in these schools 23 that -- that they're still burning coal in 24 1998. You can just imagine the fumes, the 25 dirt, the inefficiency and, frankly, we should 1 all be ashamed of ourselves whether we're here 2 in a state Legislature or other responsible 3 educational agencies, to allow a condition 4 like this to be existent in 1998. 5 We're not even talking about 6 the decrepid quality of the buildings 7 themselves and how we can expect our kids to 8 learn when the schools are in such horrible 9 condition, but certainly passing Senator 10 Gentile's amendment would be an indication to 11 the students and their families in New York 12 City that this would be a positive step and a 13 value in their educational future. 14 So I urge all of us, let's make 15 this amendment the first time in the modern 16 history of the state Senate where the 17 Republicans join with the Democrats together 18 in passing this wonderful amendment. I'm 19 going to keep my fingers crossed, Senator. 20 ACTING PRESIDENT KUHL: Senator 21 Waldon, on the amendment. 22 SENATOR WALDON: Thank you, Mr. 23 President. 24 There are four such schools in 25 the area that I am representing, and I just 1 want to go on record that I want the children 2 in Southeast Queens to have the same quality 3 of environment that other schools have and 4 have the same ability to be heated in the 5 winter when it is very difficult to learn in a 6 cold classroom, so Al Waldon is now on record 7 that not only do I support this amendment, but 8 I want some of that money to quickly find its 9 way into Southeast Queens. 10 Thank you very much, Mr. 11 President. I applaud Senator Gentile's 12 amendment. 13 ACTING PRESIDENT KUHL: Senator 14 Dollinger, why -- the question is on the 15 amendment. All those in favor signify by 16 saying aye. 17 SENATOR PATERSON: Party vote 18 in the affirmative. 19 ACTING PRESIDENT KUHL: 20 Secretary will call the roll, record the party 21 line votes, announce the results. 22 (The Secretary called the 23 roll. ) 24 THE SECRETARY: Ayes 25, nays 25 35, party vote. 1 ACTING PRESIDENT KUHL: The 2 amendment is lost. 3 Senator Stavisky. 4 SENATOR STAVISKY: Yes, Mr. 5 President, I indicated previously that I would 6 like to speak on part of this package and 7 we're now at that point. 8 The Governor has spoken about 9 tax cuts for families, moderate income, middle 10 income families, so that people will have more 11 money in their coffers and will be able to 12 take care of their families' needs. 13 At a time when the goal is to 14 provide higher educational opportunities for 15 increasing numbers of students in the state of 16 New York, I am proposing that we cut by $250 17 all of the tuition increases that have been 18 put into effect previously and make this a way 19 of giving the equivalent of a tax cut to the 20 people of this state. 21 The net effect of this would be 22 to reduce to $320 the tuition at CUNY and to 23 $340 the tuition at SUNY. There are various 24 ways to grant reductions, and this would be 25 one of the most civilized ways to provide for 1 aid upstate and downstate as well, and one of 2 the amendments now before you would implement 3 that program. 4 Certainly it would do one other 5 thing. It would increase aid for part-time 6 study by $10 million. Part-time study is now 7 increasingly utilized by students who, for a 8 variety of reasons, family obligations, the 9 need to continue their commitment to their 10 institutions, is now used increasingly and yet 11 the TAP award is not made applicable to all of 12 the students who are in part-time education. 13 So the second part of this 14 amendment raises from 90 percent to 100 15 percent the support the state of New York 16 gives to TAP programs, students who are 17 studying under the TAP program. 18 Finally, it increases the goal 19 of the state of New York in fulfilling 20 obligations to different parts of the state, 21 in fulfilling the need to be even-handed in 22 the way that aid is apportioned at the higher 23 educational level. 24 We have -- we have in this 25 amendment aid to part-time study, which goes 1 from 15 million to $25 million more, something 2 that was provided in previous budgets, 3 something that was denied in the current 4 Governor's proposal, so we're asking for 5 part-time study increases; we're asking for 6 the reduction in the CUNY and SUNY tuition 7 rates, so that in place of a tax saving, there 8 will be a return to the taxpayer, to those who 9 are providing for study in the higher 10 educational institutions of our state, and 11 also in the City. 12 I hope that these changes will 13 be recognized. I hope that they will be 14 incorporated in the budget that we finally 15 adopt, and I ask every member of the 16 Legislature, every member of the Senate, to 17 come on board in support of this form of 18 reduction of burden by government, a cost of 19 government to the people of this state. 20 I move the amendment. 21 ACTING PRESIDENT KUHL: Senator 22 Stavisky's amendment is before the house. The 23 reading is waived. The Chair recognizes 24 Senator Markowitz, to second the amendment. 25 SENATOR MARKOWITZ: Thank you 1 very, very much, Mr. President. 2 Senator Stavisky, I appreciate, 3 we all do, the persuasiveness of the reasons 4 why we should all join together in adopting 5 this amendment, and I have to say that, as 6 someone who has been your student for many 7 years, there will be no one more qualified or 8 more articulate in fighting for both public 9 education and higher education ever in this 10 Senate than you, and I think Senator Stavisky 11 laid it out very directly why we should 12 unanimously pass this amendment, and I know 13 I'm looking at Senator Dean Skelos, and I know 14 you feel the way I do, and I know, Nick Spano, 15 you definitely for sure, all of us 16 representing whatever part of the state have 17 units of SUNY and CUNY, and I can't think of a 18 better way -- look at these poor students who 19 over the last number of years, because of our 20 budgets in this state, that tuition has 21 dramatically increased -- dramatically 22 increased -- and believe me, it's hard 23 sometimes to understand that a couple hundred 24 dollars a semester more for a student may be 25 the difference between them seeking a higher 1 education or not. 2 We're not all wealthy, not even 3 Senators, that's for sure, and a lot of us 4 that live on this income know what a struggle 5 it is just to live on the income we get paid 6 as a state Senator. Just imagine if you're a 7 student who -- whose only income is a few 8 bucks your parents may give you or after 9 school or week ends, so this is a way that we 10 can return something back to the students of 11 the state of New York, and further by helping 12 part-time students. Now, I'm an example. 13 Whether you laugh or not laugh, I'm an example 14 of a part-time student. Had it not been for 15 tuition assistance when I went to school, and 16 I don't know when it was right now, but 17 whatever years it was, it seems like 18 yesterday. 1898 -- it may have been, but I 19 mean I went to college nine years at night as 20 a part-time student because I knew that it was 21 important to graduate, and no matter how long 22 it would take, I knew I had to do it. Had it 23 not been for assistance in those days when we 24 had free tuition or very modest tuition in the 25 City University, I imagine that hundreds of 1 thousands, millions of students that today are 2 in their careers would have never had a 3 chance. 4 So I know Senator LaValle is 5 listening to me. He is someone who has 6 sponsored and supported higher education. I 7 turn to you, Senator LaValle, join us and we 8 join you in returning a modest decrease of 9 tuition to the students of the state of New 10 York, in SUNY and CUNY, and also increase 11 part-time assistance to students like me and 12 today's generation that need it even more - 13 even more than in days -- than in yesterday. 14 So I hope you'll join us, and I'm going to 15 keep my fingers crossed that this will be the 16 amendment that all of us will adopt together. 17 Thank you very, very much. 18 ACTING PRESIDENT KUHL: 19 Question is on the amendment. Secretary will 20 call the roll. 21 (The Secretary called the 22 roll. ) 23 THE SECRETARY: Ayes 25. 24 SENATOR PATERSON: Party vote 25 in the affirmative. 1 THE SECRETARY: Nays 35, party 2 vote. 3 ACTING PRESIDENT KUHL: The 4 amendment is lost. 5 Senator Gentile, why do you 6 rise? 7 SENATOR GENTILE: Mr. 8 President, I believe I have another amendment 9 at the desk. 10 ACTING PRESIDENT KUHL: There 11 is. 12 SENATOR GENTILE: There is? 13 I'd ask the reading be waived and allow me to 14 explain the amendment. 15 ACTING PRESIDENT KUHL: Reading 16 is waived. The floor is yours for the purpose 17 of explaining the amendment. 18 SENATOR GENTILE: Thank you, 19 Mr. President. 20 My amendment would provide for 21 an increase in pre-K education by $17 22 million. It provides an additional $17 23 million appropriation for the universal pre-K 24 program, that commitment we made in the 25 1997-98 budget. It provides the necessary 1 appropriations in addition to what was 2 previously appropriated. 3 Now, we all know that 4 commitment that we made here, both Republicans 5 and Democrats alike in this house, in the 6 Assembly and with the Governor, in committing 7 last year's budget to universal pre-K. We all 8 have learned of the benefits and the viability 9 of a pre-K program on the education of -- and 10 the educational success of four-year-olds and 11 so there's no question that the universal 12 pre-K is something that is good for this 13 state, and I believe that is why we all joined 14 in a bipartisan way to support universal pre-K 15 in last year's budget, and thank God we did. 16 Thank God we put universal pre-K into the 17 state -- directly into the state education 18 budget because no longer then will pre-K be 19 subject to the whims of a Majority Leader as 20 happened in this house last year. 21 The Majority Leader impounded 22 member item dollars promised to the 23 four-year-olds in my district for pre-K 24 programs in 1997. As a result, those pre-K 25 programs closed. Now, we may have a political 1 war waging in this house, but to make -- to 2 make four-year-olds, four-year-olds, the 3 victims of that war is really outrageous 4 partisanship. 5 With universal pre-K, we will 6 never again nor can we put politics over 7 four-year-olds. Politics will not take 8 priority over four-year-olds. Never again 9 will majority politics pit your kids against 10 my kids and punish the good people of my 11 district because of the political loss of a 12 Republican Senate seat. The most outrageous 13 show of partisanship was the impounding of 14 that pre-K money last year. 15 Now, hopefully, with universal 16 pre-K, something like that will be a thing of 17 the past. It will be history. Yet, New York 18 City officials tell us with this universal 19 pre-K funding that to properly implement the 20 universal pre-K even on the phased-in basis 21 that we propose to do, additional funds may be 22 needed to adequately run even just several 23 programs per district. Indeed the Board of 24 Education officials in New York City estimate 25 that on a statewide basis, a large number of 1 districts will apply for this program and that 2 the current funding in Phase I will not be 3 enough to cover. 4 That is why this amendment adds 5 an additional $17 million. The Assembly 6 budget bill recognizes this potential need. 7 They have put it in their bill. We should do 8 so too. We should put our legislative votes 9 where our legislative vision has been, and 10 that is to adequately fund the commitment we 11 make to universal pre-K. Let's make it a 12 reality once and for all. 13 Mr. President, I ask for a vote 14 in the affirmative. 15 ACTING PRESIDENT KUHL: 16 Question is on the amendment. Secretary will 17 call the roll. 18 (The Secretary called the 19 roll. ) 20 SENATOR PATERSON: Party vote 21 in the affirmative. 22 ACTING PRESIDENT KUHL: Record 23 the party line votes, announce the results. 24 THE SECRETARY: Ayes 25, nays 25 35, party vote. 1 ACTING PRESIDENT KUHL: The 2 amendment is lost. 3 Senator Seabrook. 4 SENATOR SEABROOK: Yes, Mr. 5 President. I think I have an amendment at the 6 desk. 7 ACTING PRESIDENT KUHL: There 8 is. 9 SENATOR SEABROOK: I'd like to 10 ask the waiving of that and permit an 11 explanation. 12 ACTING PRESIDENT KUHL: The 13 reading of the amendment is waived and you are 14 now afforded the floor for the purpose of 15 explaining the amendment, Senator. 16 SENATOR SEABROOK: Mr. 17 President, this is a chapter amendment to the 18 Senate Bill 6105-B, and it adds an 19 appropriation authority to the Office of the 20 Aging and that these dollars would be used as 21 follows: 22 It adds $4 million for the 23 community service for the elderly. That's the 24 CSE program which provides transportation, 25 shopping assistance, homemaker, housekeeper 1 and other services for the elderly. It also 2 adds $1 million for the community service 3 initiative which provides services through 4 governmental or non-profit organizations in 5 community settings and provides information, 6 support and referral service. 7 It also adds $4 million for the 8 expanded in-house service for the elderly 9 program, ISEP, which provides personal care, 10 homemakers, case management service as an 11 alternative to nursing home placement. 12 It also adds $6 million for the 13 supplemental nutrition assistance program 14 which is SNAP, for the elderly. The most 15 notably active is Meals on Wheels, and, Mr. 16 President, this amendment would provide for 17 those who have been the most loyal troopers in 18 this state who have provided to sustain our 19 existence here in this state and that's the 20 seniors who, many of us, are at that point and 21 certainly a number of us who are approaching 22 that point; and what a fine way to deal with 23 sending a message to those who are in need and 24 those who will be in need, is by voting for 25 this amendment for the seniors, and this has 1 been their package on which they have come to 2 Albany on numerous occasions this year to talk 3 to legislators about the importance of their 4 agenda, their needs. So we should not have 5 them making a choice between their medicine 6 and their meals, and we have a golden 7 opportunity with a surplus that's rumored in 8 this budget, that we should provide this small 9 token of appreciation to those who have given 10 so much. 11 So I say and urge all of my 12 colleagues to vote on this amendment because 13 perhaps one day it might be beneficial to all 14 of us. 15 ACTING PRESIDENT KUHL: 16 Question is on the amendment. Secretary will 17 call the roll. 18 SENATOR PATERSON: Party vote in 19 the affirmative. 20 (The Secretary called the 21 roll. ) 22 ACTING PRESIDENT KUHL: Record 23 the party line vote, announce the results. 24 THE SECRETARY: Ayes 25, nays 25 35. 1 ACTING PRESIDENT KUHL: The 2 amendment is lost. 3 Senator Waldon, for purposes of 4 an amendment. 5 SENATOR WALDON: Mr. President, 6 I have, I believe, an amendment at the desk. 7 I waive its reading and respectfully request I 8 be afforded an opportunity to explain same. 9 ACTING PRESIDENT KUHL: Your 10 request is granted. The reading is read - 11 excuse me, the reading is waived - 12 SENATOR WALDON: Thank you, Mr. 13 President. 14 ACTING PRESIDENT KUHL: I'll get 15 that right, and you now have the floor for the 16 purpose of explaining the amendment. 17 SENATOR WALDON: Thank you, Mr. 18 President. 19 This amendment is in regard to 20 Senate Bill 6105-B, and I wish to have placed 21 on page 127, after line 38, the following: 22 "*** for additional services and expenses 23 related to programs providing special 24 delinquency prevention or other development 25 delinquency prevention services for youth. No 1 expenditure shall be made from this 2 appropriation until a plan has been approved 3 by the Director of the Budget and a 4 certificate of approval allocating these funds 5 has been issued by the Director of the 6 Budget." The amount involved is $30 million. 7 Now, Mr. President, my 8 colleagues, we can no longer say that crime is 9 driving our budgets in regard to the criminal 10 justice program. Over the last 10 or 11 11 years, crime has remained at the very least 12 stable and in many areas has gone down. So 13 what is driving the criminal justice budget 14 and the absence of improving prevention 15 programs is the fear of crime, not the crime 16 itself. 17 When I look at the proposals 18 from the Assembly, those proposed in the 19 Majority's budget pale in comparison. The 20 juvenile delinquency program in the Assembly 21 has appropriated $24 million for the specific 22 program that I want $30 million. It has 23 proposed $3.3 million for post-placement, 24 after-care, substance abuse treatment to youth 25 leaving residential facilities. It has 1 proposed $2.3 million be added for pregnancy 2 prevention programs. 3 The total increase recommended 4 by our Majority colleagues is $2 million for 5 added delinquency prevention and youth 6 development programs. That is insufficient. 7 The anomaly which occurred 8 yesterday in Jonesboro, Arkansas, is just 9 that, an anomaly. An 11 and a 13-year-old - 10 I can't hear, Mr. President. 11 ACTING PRESIDENT KUHL: Your 12 point is very well taken, Senator Waldon. Can 13 we have the members please take their chairs, 14 staff please take their seats. There's a lot 15 of activity, a lot of conversation in the 16 chamber. Please show the member some respect 17 for his position and his amendment. 18 SENATOR WALDON: I thank you, 19 Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Waldon. 22 SENATOR WALDON: What happened 23 was an anomaly. An 11-and a 13-year-old 24 dressed as Rambeaus in camouflage uniforms 25 murdered children and a school teacher. I 1 don't know what we could do to prevent that 2 act. I don't know how we can console the 3 parents of the children who were killed and 4 the family of the teacher who lost her life. 5 What can we offer to the parents of the 6 children who committed these murders? 7 I don't know what we can do in 8 those kinds of instances, but I believe that, 9 if we were to take a stronger stand in regard 10 to prevention overall and to shoring up our 11 children and giving them a sense -- a better 12 sense of self, giving them more activities, 13 creating viable programs to prevent 14 delinquency, that maybe there will be more 15 frequent in the future situations occurring as 16 did yesterday. 17 I believe that we ought to look 18 at the three Ms, monitoring, men-i-toring - 19 mentoring, I'm sorry, and ministering in 20 regard to our juveniles. We should monitor 21 their activities to a greater degree than 22 we're doing now so that we will at least know 23 where they are, what they are doing, and what 24 activities they are involving themselves 25 with. 1 We must mentor them better than 2 we have. In the Greek language -- I'm just 3 finding the spot please -- the term "mentor" 4 occurred in regard to Odysseus and his 5 mentoring of Telemachus. The term is 6 synonymous with "counselor", "guide", "tutor" 7 or "coach". Obviously, when we have 57 8 percent of our children with parents not at 9 home to care for them, we need mentors. We 10 need people who they can relate to, people who 11 will be adults and responsible for them and to 12 them. 13 But because of things like 14 Jonesboro, we need even something beyond 15 mentoring, so I would like for this body to 16 focus on the concept of ministering and 17 incorporating that into whatever we do. When 18 someone ministers to a child, he takes 19 responsibility for that child in perhaps a 20 religious setting, but certainly within a 21 community setting and says, "I will make a 22 difference in this child's life." 23 So I think that we not only 24 need to appropriate more money and have a more 25 hands-on policy with regard to our juveniles, 1 but I think we need to monitor them, to mentor 2 them, and to minister to them. 3 We, in this state, are about to 4 have an explosion of youth come the 21st 5 Century, and if all the indicia are right from 6 the national level, when that explosion 7 occurs, unless we take the kinds of steps that 8 I'm talking about, we will have an explosion 9 in crime amongst our youth. 10 So I encourage my colleagues 11 today to vote with me on this amendment. It 12 is but $30 million, a droop in the bucket if 13 we can save lives and if we can turn lives 14 around. 15 I move the amendment. 16 ACTING PRESIDENT KUHL: 17 Question is on the amendment. Secretary will 18 call the roll. 19 (The Secretary called the 20 roll. ) 21 SENATOR PATERSON: Party vote 22 in the affirmative. 23 SENATOR ALESI: Party vote in 24 the negative. 25 ACTING PRESIDENT KUHL: Record 1 the party line votes, announce the results. 2 THE SECRETARY: Ayes 25, nays 3 35, party vote. 4 ACTING PRESIDENT KUHL: 5 Amendment is lost. 6 Senator Paterson. 7 SENATOR PATERSON: Mr. 8 President, I'd like to inquire of the Chair 9 how many amendments have been brought before 10 the house today. 11 ACTING PRESIDENT KUHL: On this 12 bill five. 13 SENATOR PATERSON: Five. 14 ACTING PRESIDENT KUHL: One of 15 the prior bills I believe three. Excuse me, 16 four. Four. 17 SENATOR PATERSON: Four. And 18 how many have been won, Mr. President? 19 ACTING PRESIDENT KUHL: This is 20 a tough tally, Senator Paterson. It probably 21 will take me a couple minutes so you'll 22 probably be best served by my recollection, 23 and that is that none have passed. 24 SENATOR PATERSON: I see. 25 Well, thank you, Mr. President. This is the 1 tenth amendment and, Mr. President, as Ed 2 McMahon once said to Karnak, This is the last 3 envelope. 4 ACTING PRESIDENT KUHL: Read 5 the last section. No. 6 Senator Paterson, for the 7 purpose of offering an amendment. 8 SENATOR PATERSON: Mr. 9 President, this amendment involves a $700 10 million surplus that the state has received in 11 terms of temporary aid for needy families, and 12 we find that to this point 458 million have 13 probably been spent on other programs, leaving 14 us about 242 million and some will obviously 15 go to defer some other costs, and so for that 16 reason, we wanted to try to find a prudent way 17 to bring some money to certain areas of 18 temporary aid for needy families, spending 19 without it impacting on the budget process. 20 Actually, in a previous nine 21 amendments, there have been less than $300 22 million added to what's being proposed. So 23 what the Minority has tried to look at, in 24 addition to need, is also the sense of 25 budgeting priority. 1 Already, the Senate has added 2 $65 million to child care. We are proposing 3 an additional $40 million for child care. 4 Already, the Senate has added $12 million to 5 compensate counties for drug testing, drug 6 screening and drug rehabilitation. We're 7 proposing another $18 million, and finally, 8 the Senate has already proposed $7 million 9 for transportation of individuals who are 10 going back and forth to work, and we're 11 proposing to round that figure off to 10 12 million. 13 So when we look at the three 14 areas that we would like to address, we're 15 talking about $61 million added on, 40 million 16 for child care, 18 million for substance abuse 17 and 3 million for transportation. 18 Child care, the state would 19 have an average of $3.5, so we're talking 20 about bringing people back to the work place, 21 and one of the areas we'd like to address is 22 the stabilizing of child care for those who 23 are now going back into the work place. 24 Probably 30 or 40 years ago it became the 25 philosophy that perhaps there wasn't enough 1 money that the individual could make on net 2 and so, therefore, it would probably be better 3 to keep these individuals on social services. 4 In the '90s, our point of view 5 now is that the more people we can have work, 6 the better and so to subsidize that and to 7 provide assistance to those who are trying to 8 assist themselves, we would find that, even in 9 passing this amendment, we would still be only 10 servicing one out of every 12 children who 11 would be -- meet the eligibility threshold, 12 but the fact remains that we would still, by 13 passing this amendment, benefit 10,000 14 children who aren't getting adequate child 15 care right now while their parents are 16 attempting to work under the new Welfare 17 Reform Act that we passed last year; and so we 18 think that $40 million is a modest addition to 19 what the Senate has already proposed and would 20 also like to point out that, in the area of 21 substance abuse, we have many unfunded 22 mandates to cities and townships who, unfor 23 tunately, are having to bear the cost of drug 24 testing, and also of scrutiny of substance 25 abuse. 1 What we are proposing is an 2 additional $18 million, which also goes for 3 substance abuse treatment and also to some 4 areas of prevention. Obviously, individuals 5 who are coming back into the work place, 6 individuals who have had these problems cannot 7 spend their entire lives on social services. 8 It would be helpful for them in terms of job 9 maintenance, and we think that this would be 10 an offer that would not cost any great deal 11 since it would be pretty much enveloped by the 12 surplus that we have currently in the area of 13 temporary assistance for needy families. 14 Finally, one of the most 15 difficult aspects of employment of those who 16 are coming back into the work place is 17 transportation and the ability to get back and 18 forth from one's work place and also the 19 ability to afford transportation, so that it 20 does not significantly reduce the revenue that 21 one can generate just from having a job, that 22 which the Senate has already recognized to the 23 tune of $7 million, and we think that to add 24 an additional $3 million will benefit a great 25 number of workers. 1 One last point about child 2 care, Mr. President. One of the reasons that 3 we feel there must be more revenues devoted to 4 that particular area is that the individuals 5 who are coming back into the work place are 6 not always just getting 9:00 to 5:00 jobs. 7 They're getting whatever jobs are available 8 and so, therefore, child care that fluctuates, 9 child care that goes far into the late evening 10 is something that they need because their jobs 11 are not necessarily regulated, and it's 12 something that we feel is important for us to 13 address through our budget as we negotiate 14 this year. 15 So that is the amendment, Mr. 16 President. It's done with prudence and care 17 and it's done in the understanding that this 18 is the last chance to pass an amendment today; 19 and so I'm very optimistic that we will have a 20 favorable vote on this. 21 I would like to thank Senator 22 Mendez for her assistance and the staff who 23 prepared these -- these amendments, and also 24 the Majority who will now have the foresight, 25 will have the wisdom that they come to 1 recognize the validity and the need of these 2 amendments, in all seriousness. 3 ACTING PRESIDENT KUHL: Senator 4 Paterson's amendment is before the house. The 5 reading of it has been waived. It has been 6 explained. 7 The Secretary will call the 8 roll. 9 (The Secretary called the 10 roll. ) 11 SENATOR PATERSON: Party vote 12 in the affirmative. 13 SENATOR SKELOS: Party vote in 14 the negative. 15 ACTING PRESIDENT KUHL: The 16 Secretary will record the party line vote, 17 announce the results. 18 THE SECRETARY: Ayes 25, nays 19 35, party vote. 20 ACTING PRESIDENT KUHL: The 21 amendment is lost. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect April 1. 25 ACTING PRESIDENT KUHL: Call 1 the roll. 2 (The Secretary called the 3 roll. ) 4 ACTING PRESIDENT KUHL: Record 5 the negatives, announce the results. 6 Senator Gentile, to explain his 7 vote. 8 SENATOR GENTILE: Thank you, 9 Mr. President. 10 Notwithstanding my comments 11 earlier on the amendment for increased 12 funding for pre-K, this bill does contain the 13 funding -- some funding for the pre-K program 14 and it's critical, I believe, to my area and 15 every area of the state, and that is the 16 reason I am voting yes. 17 Hopefully, in conference, we 18 can see the light of day and come out with 19 some more money in the final version of this 20 budget. 21 ACTING PRESIDENT KUHL: Senator 22 Gentile will be recorded in the negative. 23 SENATOR GENTILE: No, 24 affirmative. 25 ACTING PRESIDENT KUHL: 1 Affirmative. I misheard you. Thank you. 2 Announce the results. 3 THE SECRETARY: Those recorded 4 in the negative on Calendar Number 492 are 5 Senators Dollinger, Leichter and Seabrook. 6 Ayes 57, nays 3. 7 ACTING PRESIDENT KUHL: The 8 bill is passed. 9 Senator Leichter, why do you 10 rise? 11 SENATOR LEICHTER: Mr. 12 President, may I have unanimous consent to be 13 recorded in the negative on Calendar Number 14 490. That's -- I think that was Print 15 6097-B. 16 SENATOR SKELOS: No objection. 17 ACTING PRESIDENT KUHL: Without 18 objection, hearing no objection, Senator 19 Leichter will be recorded in the negative on 20 Calendar Number 490, which is Senate Print 21 Number 6097-B. 22 Senator Seabrook why do you 23 rise? 24 SENATOR SEABROOK: Yes, Mr. 25 President. Without objection, I'd like to be 1 recorded in the negative on 6097-B. 2 ACTING PRESIDENT KUHL: Without 3 objection, hearing no objection, Senator 4 Seabrook will be recorded in the negative on 5 Calendar Number 490, Print Number 6097-B. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 can we return to the order of reports of 9 standing committees. I believe there are two 10 reports to be read. 11 ACTING PRESIDENT KUHL: Yes, 12 Senator Skelos. We'll return to the order of 13 reports of standing committees. Ask the 14 Secretary to read. 15 THE SECRETARY: Senator 16 Nozzolio, from the Committee on crime Victims, 17 Crime and Correction, reports: 18 Senate Print 176, by Senator 19 Maltese, an act to amend the Correction Law; 20 215-A, by Senator Alesi, an act 21 to amend the Correction Law; 22 1749, by Senator Skelos, an act 23 to amend the Correction Law; 24 1965, by Senator Nozzolio, an 25 act to amend the Executive Law; 1 3410-A, by Senator Skelos, an 2 act to amend the Correction Law and the County 3 Law; 4 5259, by Senator Skelos, an act 5 to amend the Correction Law; 6 5426, by Senator Maziarz, an 7 act to amend the Correction Law and the Penal 8 Law; 9 5941, by Senator Alesi, an act 10 to amend the Correction Law; 11 6301, by Senator Alesi, an act 12 to amend the Correction Law; 13 6465, by Senator Nozzolio, an 14 act to amend the Executive Law; 15 6505, by Senator Nozzolio, an 16 act to amend Chapter 887 of the Laws of 1983. 17 Senator Farley, from the 18 Committee on Banks, reports the following 19 bills: 20 Senate Print 3755-A, by Senator 21 Farley, an act to amend the Banking Law; and 22 Senate Print 4246, by Senator 23 Farley, an act to amend the Banking Law. 24 All bills ordered direct for 25 third reading. 1 ACTING PRESIDENT KUHL: All 2 bills ordered directly to third reading. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 is there any housekeeping at the desk? 6 ACTING PRESIDENT KUHL: There 7 is none. 8 SENATOR SKELOS: There being no 9 -- oh, Senator Paterson has an announce 10 ment. 11 SENATOR PATERSON: I have an 12 announcement: As Bert Wilson, who preceded 13 Harry Carey as announcer for the Chicago Cubs 14 said: "We'll get them tomorrow." 15 SENATOR SKELOS: There being no 16 further business, I move we adjourn until 17 Thursday, March 26th, at 11:00 a.m. 18 ACTING PRESIDENT KUHL: Without 19 objection, the Senate stands adjourned until 20 Thursday, March 26th, at 11:00 a.m. 21 (Whereupon at 1:07 p.m., the 22 Senate adjourned.) 23 24 25