Regular Session - September 13, 2001
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
September 13, 2001
3:03 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we please bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Wednesday, September 12, the Senate met
pursuant to adjournment. The Journal of
Tuesday, September 11, was read and approved.
On motion, Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Bruno.
SENATOR BRUNO: Madam President,
there is a concurrent resolution at the desk.
I would ask that the title be read at this
time and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Concurrent Resolution Number 3105 of the
Senate and Assembly providing for a joint
Assembly for the purpose of receiving messages
from the Governor, the Majority Leader of the
Senate and the Speaker of the Assembly, and
for the purpose of considering a joint
resolution.
THE PRESIDENT: The question is
on the concurrent resolution. All in favor
signify by saying aye.
(Response of "Aye.")
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THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Concurrent
Resolution Calendar is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
thank you.
If all of the members of the Senate
could now proceed to the Assembly chamber, the
entrance being through the front off their
lobby.
And after our joint session if we
could return to session here, because we have
some other business that will come before us.
And the Senate will stand at ease
until that time. Thank you.
THE PRESIDENT: The Senate will
proceed to the Assembly chamber and will stand
at recess until the completion of the joint
session.
(Whereupon, the Senate stood at
ease at 3:07 p.m.)
(Whereupon, the Senate reconvened
at 4:14 p.m.)
THE PRESIDENT: The Senate will
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come to order.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we ask for an immediate meeting of the
Finance Committee in Room 332.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
Room 332.
SENATOR BRUNO: Thank you. And
we will stand at ease until we get the report.
Thank you, Madam President.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 4:15 p.m.)
(Whereupon, the Senate reconvened
at 4:26 p.m.)
THE PRESIDENT: The Senate will
please come to order.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time return to reports of
standing committees. I believe there's a
report from the Finance Committee. I would
ask that it be read at this time.
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THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 5784A, Budget Bill, an
act making reappropriations for the support of
government;
And Senate Print 5789A, Budget
Bill, an act making appropriations for
payments related to the attack on the World
Trade Center.
Both bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, the bills are ordered direct to
third reading.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we call up Calendar Number 1413.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1413, Senate Budget Bill, Senate Print 5784A,
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an act making reappropriations for the support
of government.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR BRUNO: Move to accept
the message.
THE PRESIDENT: All in favor of
accepting the message of necessity please say
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
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Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up Calendar Number
1414.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1414, Senate Budget Bill, Senate Print 5789A,
an act making appropriations for payments
related to the attack on the World Trade
Center.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR BRUNO: Move to accept
the message.
THE PRESIDENT: All in favor of
accepting the message of necessity please say
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
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accepted.
Senator Bruno.
SENATOR BRUNO: Madam President
and colleagues, we have just passed the
reappropriation bill that flows about
$51 billion through the state into the needs
of the people of this state.
And the bill that's before us
provides all or part of $5 billion,
$5½ billion that is for the relief of the
people that are suffering this terrible
tragedy in New York City and to help the
municipality of New York City recover from the
tragedy that took place early Tuesday morning.
And we are here together and we
just left a joint session where we had not
been together before, the Senate and the
Assembly -- parties, differences being put
aside -- in what for me and I believe for you
was an emotional setting, passing a resolution
just recognizing the horror that's taken place
in people's lives and establishing a
legislative position on that and what we
intend to do and what our feelings are.
So I believe it's appropriate that
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we at this time just recognize that -- and
it's redundant to say it, but we have to
recognize that our lives are changed.
People's lives in New York City and in
New York State as well as in this country are
changed.
But our responsibilities as elected
representatives -- and we collectively
represent all of the people in New York State.
And their lives are changed: some, close,
with hurt and pain, and some at more of a
distance, but still painful. It's all pain.
It's all suffering. And with pain and
suffering, with the magnitude of what took
place, there's a financial burden.
And so as representatives of the
people of this state, what we're addressing
here, with the support of the Governor and the
Assembly and the leadership of the Governor
and the Assembly and you in your respective
districts, we are taking a first step and a
huge step towards helping people meet the
financial needs that are going to come up day
after day after day.
And I say our lives are going to be
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different because we have had differences of
opinion in this house, with the other house,
within government, within the branches. But
that is set aside for now, because what we
have to do now, truly, is reassess our
priorities and recognize that the priorities
and needs of the people of this state have
changed. They're different today than they
were last Monday.
And we as a body, as a legislative
body will have to be responsive -- as we are
today, as we may have to be next week or the
week after or the week after -- because we
just don't fully comprehend or understand or
can get our minds and hearts and arms around
what has taken place, because it's
unprecedented in our lives.
So I just want to share that
thought that we all just share, that we are in
this thing together. We're going to have to
be doing whatever is necessary to help in the
city, wherever that takes us throughout the
state. I appreciate the support and the
cooperation that we've had in getting us here
today, because I know it's been difficult not
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knowing what life will look like. And I will
only share with you that we'll be
communicating as quickly as we can as we go
forward, so that we can get as much order in
our lives as is possible under these
circumstances.
Thank you, Madam President.
THE PRESIDENT: Senator Connor.
SENATOR CONNOR: Thank you, Madam
President.
Thank you, Senator Bruno. And
thank you for your leadership and concern in
this.
The twin towers were in my
district. Lower Manhattan is my district.
But the fact of the matter is -- and I think
this is true of all of us on both sides of the
aisle who are from downstate -- we all have
friends, relatives, and constituents who work
there. People travel in from all over Long
Island and the northern suburban counties and
Connecticut and New Jersey. 50,000 people
worked in those towers. Another 150,000 visit
or pass through or meet there every day.
The enormity, you don't want to -
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you know, my wedding reception was in Windows
on the World. You know? And my kids have
grown up -- that was the first landmark they
ever noticed. You can see it from my
neighborhood. My son started last week at
Stuyvesant High School, four blocks away. It
became the triage center after we got the kids
out.
A series of coincidences led me to
be taking my son to Stuyvesant High School
down the West Side Drive from a medical
appointment a bit late for school. It was
about a quarter to 9:00. I saw that, and he
went on to school. We still thought it was an
accident; it would be a terrible fire.
And I can't get out of my mind all
those first responding police officers, some
on motorcycle, and fire companies from Lower
Manhattan. Obviously, the first in were -
sustained enormous losses.
I went through on a personal level
the shock of seeing that second plane go in,
seeing people jumping and realizing my son was
there. And that's the ultimate father's -
you know, and I almost -- you have mixed
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feelings, a little bit of guilt. You'd go
down and help all these people, but you think,
you know, my first job is to get that
14-year-old kid out of here and get him home
to his mom. And then, afterwards, the
enormity of the buildings falling and
realizing how many thousands of people are
involved. And now the rescue efforts.
You know, the President said
they'll do whatever it takes. Well, New York
is going to need a lot of help. There's
another 30 or 40 buildings around there that
may or may not have to come down. There were
14,000 businesses in that radius of where they
think the damage is. A lot of families have
lost loved ones forever. And tens of
thousands of New Yorkers are going to wake up
next week and realize they're unemployed.
This is a massive human tragedy
that will call for an ongoing, massive relief.
These cowards not only struck innocent life,
they struck the financial capital of the
country and inflicted serious damage.
And I appreciate certainly all of
my colleagues in both houses, the leadership
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of the Governor, and the President's
commitment, because this really -- I think
we're going to need a Marshall Plan here. I
think we'll recover, because we are New
Yorkers and we are Americans. Our spirits
will come back. Certainly our fighting spirit
has not left any of us; it's been reborn
again.
And we're going to need substantial
assistance from all Americans. And I trust
and hope it will be there, because we can't
let them win. And we won't let them win. And
that's why we're going to do things like
reschedule our elections. Because if we don't
have our elections, then they've won, they've
taken something from us. And we can't let
them take anything from us more than they did
by force. We can't give in and give them any
more.
So I know -- I appreciate the
support and concern. You know, I have -- in
addition to all these businesses, we have a
lot of residences down there, thanks to a bill
we passed a few years ago. And my staff,
without benefit of any office, because our
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offices are all within the frozen zone down
there, you know, have gotten lights and
electricity back on for one housing complex,
5,000 people, elderly people, high-rise, no
electricity.
I remind my colleagues who perhaps
aren't familiar with the urban reality, no
electricity has meant they've had no water for
the last three days, and no elevators. And if
you're elderly and live on the 30th floor with
no water or electricity or elevators, you have
no food except for the kindness of neighbors
who walk it up to you.
So there's much to be done.
Thousands of New Yorkers have just pitched in.
I won't name -- one of our colleagues, whom I
excused today, refused to leave his volunteer
efforts digging through the rubble. He's
younger and stronger than many of us
physically, and -- but we appreciate him doing
that.
So, Madam President, I think out of
the saddest day in the history of New York and
the United States, in a lot of ways, I think
we will come back, due to the indomitable
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spirit of New Yorkers.
You know, they asked the mayor the
other night, and the police commissioner, if
there'd been any problems. And I really -
what is amazing is in the midst of all this
tragedy we have heard nothing about looting.
We've heard nothing about people taking
advantage -- you know, criminals taking
advantage of the situation.
That's the real New York.
Everybody is pulling together. Everybody is
together. Everybody is praying together,
working together. And we will go on to win
this together.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
Senator Bruno.
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SENATOR BRUNO: Madam President,
can we ask for an immediate meeting of the
Rules Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
The Senate will please come to
order.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we return to the order of standing
committees. I believe there's a report from
the Rules Committee at the desk. I ask that
it be read at this time.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 5790, by Senator
Bruno, an act to amend the Public Authorities
Law;
And Senate Print 5791, by Senator
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Maltese, an act relating to the Emergency
Primary Election Rescheduling Act of 2001.
Both bills ordered direct to third
reading.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: I would move to
accept the report of the Rules Committee.
THE PRESIDENT: All in favor of
accepting the report of the Rules Committee
please say aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The report is
accepted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up Calendar Number
1436.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1436, by Senator Bruno, Senate Print 5790, an
act to amend the Public Authorities Law.
THE PRESIDENT: Senator Bruno.
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SENATOR BRUNO: Is there a
message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR BRUNO: Move to accept
the message.
THE PRESIDENT: All in favor of
accepting the message of necessity please say
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we take up Calendar Number 1475.
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THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1475, by Senator Maltese, Senate Print 5791,
an act relating to the Emergency Primary
Election Rescheduling Act of 2001.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Is there a
message at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR BRUNO: Move to accept
the message.
THE PRESIDENT: All in favor of
accepting the message of necessity please say
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
I would move that we adjourn with a moment of
silence out of respect for the deceased and
those grieving for their loved ones.
And we will reconvene at the call
of the Majority Leader, with intervening days
being legislative days.
THE PRESIDENT: On motion, the
Senate stands adjourned until the call of the
Majority Leader, intervening days being
legislative days.
We will now recognize a moment of
silence, in the spirit of the joint session,
out of respect and reflection for the
deceased, the wounded -- in any way -- and
those grieving for their lost loved ones in
these sad days in New York State and our
country.
(Whereupon, the assemblage
respected a moment of silence.)
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(Whereupon, at 4:54 p.m., the
Senate adjourned.)