Regular Session - January 9, 2002
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 9, 2002
12:20 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
come to order, please.
I ask everyone present to again
please rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: We have the honor
of having with us this afternoon the Most
Reverend Howard J. Hubbard, Bishop of the
Roman Catholic Diocese of Albany, who will now
give the invocation.
BISHOP HUBBARD: Let us pray.
Eternal and loving God, as we begin
this new year of 2002 facing challenges and
infringements upon our homeland that in the
past we could not have imagined and have yet
to eradicate, we ask Your guidance in our
efforts towards securing peace and justice for
Your people in our state, nation, and world.
In Your mighty providence, O caring
God, You have endowed people representing us
in government with varied gifts of
resourcefulness, imagination, foresight, and
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the need for human solidarity in confronting
together how best to meet the needs of these
unsettled times, to serve the common good of
the people, and to achieve the goals this
crucial period mandates.
Pour forth Your blessings upon
these, the members of the New York State
Senate, as they begin this new legislative
session. Enliven them with Your spirit so
that they may widen their vision, deepen their
insights, and increase their awareness of the
crises and drastic needs facing so many of our
brothers and sisters in this, our Empire
State.
Give them the wisdom, the courage,
and the integrity that will be required to
address complex problems, fashion constructive
solutions, and implement policies and programs
that equitably serve the needs of all
New Yorkers, especially the poor, vulnerable,
and disenfranchised.
For all this we pray, O God, in
Your sacred name, You who live and reign both
now and forever and ever.
Amen.
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THE PRESIDENT: Thank you, Bishop
Hubbard.
The Secretary will now call the
roll to ascertain a quorum.
THE SECRETARY: Senator Alesi.
SENATOR ALESI: Present.
THE SECRETARY: Senator Balboni.
(Senator Balboni was recorded as
present.)
THE SECRETARY: Senator Bonacic.
SENATOR BONACIC: Present.
THE SECRETARY: Senator Breslin.
SENATOR BRESLIN: Here.
THE SECRETARY: Senator Brown.
Senator Bruno.
(Senator Bruno was recorded as
present.)
THE SECRETARY: Senator Connor.
(Senator Connor was recorded as
present.)
THE SECRETARY: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Here.
THE SECRETARY: Senator
Dollinger.
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(Senator Dollinger was recorded as
present.)
THE SECRETARY: Senator Duane.
SENATOR DUANE: Here.
THE SECRETARY: Senator Espada.
Senator Farley.
SENATOR FARLEY: Here.
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: Present.
THE SECRETARY: Senator Gentile.
SENATOR GENTILE: Present.
THE SECRETARY: Senator Gonzalez.
Senator Goodman.
SENATOR GOODMAN: Here.
THE SECRETARY: Senator Hannon.
SENATOR HANNON: Here.
THE SECRETARY: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Here.
THE SECRETARY: Senator Hevesi.
SENATOR HEVESI: Here.
THE SECRETARY: Senator Hoffmann.
SENATOR HOFFMANN: Here.
THE SECRETARY: Senator Johnson.
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SENATOR JOHNSON: Here.
THE SECRETARY: Senator Kruger.
Senator Kuhl.
SENATOR KUHL: Present.
THE SECRETARY: Senator Lachman.
Senator Lack.
SENATOR LACK: Present.
THE SECRETARY: Senator Larkin.
SENATOR LARKIN: Present.
THE SECRETARY: Senator LaValle.
SENATOR LAVALLE: Here.
THE SECRETARY: Senator Leibell.
(Senator Leibell was recorded as
present.)
THE SECRETARY: Senator Libous.
SENATOR LIBOUS: Present.
THE SECRETARY: Senator Maltese.
SENATOR MALTESE: Present.
THE SECRETARY: Senator
Marcellino.
SENATOR MARCELLINO: Present.
THE SECRETARY: Senator Marchi.
SENATOR MARCHI: Here.
THE SECRETARY: Senator Maziarz.
SENATOR MAZIARZ: Here.
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THE SECRETARY: Senator McGee.
SENATOR McGEE: Here.
THE SECRETARY: Senator Meier.
SENATOR MEIER: Here.
THE SECRETARY: Senator Mendez.
(Senator Mendez was recorded as
present.)
THE PRESIDENT: Senator Bruno, a
quorum is present.
The chair now hands down a
communication from the Governor. The
Secretary will read.
THE SECRETARY: "Dear Madam
President:
"I would appreciate the privilege
of appearing before your honorable bodies in
joint session on January 9, 2002, at 1 p.m.,
or as soon thereafter as may be convenient, to
personally deliver my annual message to the
Legislature.
"Sincerely, George E. Pataki."
THE PRESIDENT: To be filed in
the Journal.
Senator Bruno.
SENATOR BRUNO: Thank you, Madam
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President.
I want to welcome everyone here to
this chamber in this year of 2002. And as we
open the new session -- and as you heard, we
closed last year's session -- we're leaving
behind us last year and we are opening a door
to a session that is new to all of us in the
year 2002.
And as we open the door to this
session, I want to acknowledge and recognize
that the door is closing for two members here
in this chamber, Senator Roy Goodman and
Senator Marty Markowitz.
Senator Goodman, starting his 34th
year in this chamber, has become in his own
lifetime a legend in this chamber. His
oratory is second to none, with the possible
exception of Senator Marchi with his 46 years.
And he will continue.
But Senator Goodman goes on to
greater public service in a global environment
as the president of the United Nations
Development Corporation. We thank him for his
public service and wish him well in his new
endeavor.
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Marty Markowitz was elected
president of the Borough of Brooklyn, and he
has expanded his constituency and all the good
works that he will be doing, and we will
commit to him a continuing partnership.
We are here in a historic chamber;
we are starting the 225th year. And I want to
thank Bishop Hubbard for joining us here and
opening this new year and this session with
the appropriate blessings and words. Thank
you very much, Bishop.
Our lives, we keep hearing, are not
the same. When we left here last year, in
June, we revisited, and we revisited after the
tragic events of September 11th. When we say
our lives are not the same, they're not the
same. They're not the same. They're not the
same for a lot of families, a lot of people in
the city, in the state, in the country,
throughout the world. There's a fear of evil
that befell us and that may be before us.
But we here, we in the city, we in
the state, have overcome that fear. We have
pulled together as a people like no
remembrance in our generation. And maybe
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you'll go back to the early years when this
country was founded, when people banded
together against tyranny, against evil, to go
forward in a patriotic way.
So I'm committing here to all of us
as partners. We have a limited amount of
time, but we are partners. We are partners in
government. The people in the armed services
and those in government that are now in
Afghanistan, in various parts of the country,
they're there protecting our freedom and
freedom throughout the world. We have an
obligation, we are that are elected, to
represent people who can't be here in this
chamber. And they ask us to represent their
interests.
And I'm totally confident, and I am
pledging in a nonpartisan way that we'll get
through this session -- and we will be out of
session on June 20th, by our calendar -- and
we will have fulfilled the needs of these
people here in New York, where we will go
forward, we'll meet the educational needs of
the people of this state, we'll meet the
health care needs of the people of this state.
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We will do a budget to fulfill the needs of
the people of this state, and we'll do that
together.
We'll do that as a team, both sides
of the aisle, with the Assembly, with the
Governor, who has been providing the
leadership, and we will be hearing his State
of the State in a very short period of time.
So I welcome the year 2002 with all
of its challenges, and I look forward to all
of the great things that we are going to be
able to do together on behalf of the people of
this state who look to us to provide that
leadership.
Thank you, Madam President.
SENATOR CONNOR: Thank you, Madam
President.
THE PRESIDENT: Senator Connor.
SENATOR CONNOR: Thank you, Madam
President.
A Happy New Year to you and to
Bishop Hubbard, and my colleagues -- Senator
Bruno, colleagues on both sides of the aisle.
Let me say initially I too join
and I think I speak for everyone on this side
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of the aisle, as I know Senator Bruno speaks
for all the members -- in wishing to Senator
Goodman what we know will be an interesting
and challenging new career and wishing him a
fond farewell. We're all going to miss his
eloquence, his courage, his commitment, and
his command of the English language, let me
say, Senator Bruno.
And I agree, he can only compare to
Senator Marchi for eloquence. If I were
betting on breadth of English vocabulary, I'd
give the edge to Senator Goodman. On the
other hand, if we're talking about Italian or
Latin or other languages, I think Senator
Marchi gets the edge on vocabulary. In terms
of eloquence, they're both equal.
And we, as we look around the
chamber, most all of us -- certainly all of us
have spent all of our entire service here with
Senator Marchi, and virtually all of us have
done so with Senator Goodman.
So I do wish Senator Goodman well.
We will miss him. We certainly all enjoyed
debating with him, against him, and listening
to him debate against others as well.
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Senator Markowitz, I bring you
greetings from Brooklyn. At midnight in
Prospect Park on New Year's Eve, I was
privileged to swear him in as borough
president of Brooklyn. Told him he owed me
big time for that. He reminded me that he
owed me for a few other things, including the
election, the primary. But he brings that
spirit that we all saw, which he brought to
his constituents, to the entire borough of
Brooklyn.
He asked me to make sure to assure
all of you that you are all invited to his
concerts. He intends
(Laughter.)
SENATOR CONNOR: The concerts
will be bigger and better. The concerts will
be bigger and better. They're free. And you
will all continue to be invited even though he
is not one of our colleagues anymore.
The sergeants-at-arms are relieved;
his desk outside and telephone outside the
door here are now free for all the members to
use. And the concerts will be staged from
Brooklyn rather than outside the chamber here.
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But we're certainly going to miss
Marty. He's served here for the last 23
years. And we know his exuberance, we know
his eloquence when he got into debate and
certainly his commitment to providing
community service.
Yes, Senator Bruno, this is a
challenging year, it's a new year. A reporter
asked me earlier today something about what
kind of year do you think it will be, and I
said it will a tough year. And he said,
"Really? You mean more bickering and fighting
and all?" And I said, "Whoa, wait a minute.
You've all come to think a tough, difficult
legislative session is about partisan
fighting, standoffs, charges and
countercharges. I think we're now in a new
era."
When I say it could be a difficult
session, I mean there are important, sometimes
difficult decisions that we're going to have
to make, given the challenges we're confronted
with.
That said, I think the politics
won't be so difficult. I certainly assure all
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the members, the members on this side of the
aisle want to reach across the aisle. That's
not to say there won't be times we disagree.
I mean, that's what democracy is. Some
vigorous debate, some airing of differences is
how we resolve things.
But on the other hand, some of the
more -- as Senator Bruno alluded, everyone has
changed. Everyone has changed. The people
are changed. The public has changed. Our
constituents are changed. In some respects,
the appearances are they've changed for the
better. Their courage, the courage -- and I,
representing Lower Manhattan along with
Senator Duane, we see constituents who are
still out of their homes, still out of their
homes.
And I say to my upstate colleagues,
I know you all know better. When Senator Lott
was there and Senator Clinton pointed out to
him that we have 20,000 people out of their
homes there, he looked around and said,
"Homes? Where are the homes?"
No, they're not houses with a back
yard and a front yard. They're high rises.
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And if your home, where you live with your
spouse and pet and children or partner and
whatever, in a two- or three-bedroom apartment
on the 20-something floor, that's your home.
You have nowhere else to go.
And we still have people who are
staying either in hotels or month-to-month
leases in other parts of the city, and they're
out of their home and their neighborhood isn't
what it used to be even when they get to move
back in. So these are challenges.
But my point is the courage of such
people. They go on. They're dealing with it.
They haven't given up, by and large. That
courage just amazes me.
The courage of the small business
people that you see in Lower Manhattan who had
their shops closed for six or eight weeks,
couldn't even get into them. When they got
into them, they were a mess and needed not
just, you know, a broom cleanup, needed a
rather sophisticated environmental cleaning.
In many cases these people didn't have
insurance or were underinsured, given the
risk.
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To see them reopen and not have
many customers week after week after week.
And, you know, you go into those shops and you
talk to them: How's it going? "It's tough,
but we'll come back," they say. They don't
know I'm a state senator. I go in to buy
something, you know, and they say, "Tough,
business is still slow, but we're going to
come back."
We have to respect that kind of
courage by our constituents. And I think we
have to lead -- we have to help them with
solutions, we have to lead by example. If
everyone has changed, if people are changed,
then I suggest, my colleagues, our politics
has and must change. The way we do the
people's business has to reassure the people
that we have their interests at heart and not
partisan artifices. Because that's what it
is.
I think we are all united in our
goals. We may differ on some of the paths we
would take to those goals. I think we can
work those out. I think we will work those
out. It will be a tough session because we
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will have to make some important, difficult
choices.
I think the way we do that, the
spirit of cooperation we bring to this Capitol
in doing that, will go a long way toward
reassuring our constituents and recognizing
that they are deserving of that kind of
approach by us.
So, Madam President, it's going to
be an exciting session. I hope not a long
session. We can work together and get it all
done on schedule, Senator Bruno, and we
certainly will cooperate in doing that.
Thank you, Madam President.
THE PRESIDENT: Thank you,
Senator.
Senator Bruno.
SENATOR BRUNO: Madam President,
there are a number of members in this chamber
that would like to make some observations and
comments about the legislative lives of
Senator Goodman and Senator Markowitz. Time
does not permit, because we have to leave here
in probably 10, 15 minutes to get to the State
of the State.
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There will be a time set aside for
anyone that would like to comment, make
observations, sometime in the near future.
And we'll invite the senators today to come
back and visit with us, and we'll look forward
to that.
Senator Goodman I know would like
to give a response presently, but I'm going to
ask him in his good grace to defer and leave
today with our very, very best wishes. And we
will see you again in this chamber very soon
and shortly, when everybody will be saying the
very nicest and best appropriate things about
our senators.
Can we hear it for Senator Goodman
and for Senator Markowitz.
(Standing ovation.)
THE PRESIDENT: Thank you,
Senator Bruno and Senator Connor.
It is indeed a sad day as we bid
farewell to two of our esteemed colleagues.
We wish Senator Markowitz the very best in his
new endeavor. And it is particularly sad for
me as a friend and colleague of Senator
Goodman to bid him farewell and best wishes.
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Our loss is certainly the Bush
administration's gain and success.
You have been a source of great
advice, both to me and to the rest of the
Senate, for so many years, Roy. Your wit,
your spirit, your savvy, your intelligence
will be tremendously missed. And I daresay
that no one would disagree that you will never
be replaced. Good luck to you.
As both Senator Bruno and Senator
Connor mentioned, we are without question
living in a drastically changed world. Since
September 11th all of our jobs have changed
dramatically. We're living with an open
wound, and we don't know when that wound will
close, if ever.
But out of that dark cloud that
descended on our state on September 11th has
now shone a light, and that light is an
outgrowth of the spirit of nonpartisan
cooperation that we have evinced particularly
in recent months.
Let us resolve now, members and
colleagues, to continue that spirit of
cooperation on behalf of the people of
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New York State. They deserve no less, and
they need this spirit of nonpartisan
cooperation now more than ever before in the
history of our state and country.
Best wishes to all of you as we
begin this new year and session.
Assemblymen Flanagan and Farrell.
ASSEMBLYMAN FLANAGAN: Good
afternoon, Madam President, Senator Bruno, and
Senator Connor.
I am here with my friend and
colleague Assemblyman Farrell to tell you
that -- and I say this with a straight face
that we are duly organized in the Assembly.
(Laughter.)
ASSEMBLYMAN FLANAGAN: That we
have been called to session, and that we come
to ask to have you join us to hear our
Governor's State of the State message.
THE PRESIDENT: Thank you,
Assemblyman.
Senator Bruno.
SENATOR BRUNO: Madam President,
I have a concurrent resolution at the desk. I
ask that the title be read and move for its
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immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: The Assembly
sends for concurrence Assembly Concurrent
Resolution Number 1576.
Senator Bruno moves to substitute
Senate Concurrent Resolution Number 3571 for
Assembly Concurrent Resolution Number 1576.
THE PRESIDENT: The substitution
is ordered.
The Secretary will read.
THE SECRETARY: Assembly
Concurrent Resolution Number 1576, of the
Senate and Assembly, providing for a joint
Assembly for the purpose of receiving a
message from the Governor.
THE PRESIDENT: On the
resolution, all those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
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Senator Bruno.
SENATOR BRUNO: Madam President,
I have another resolution at the desk. I ask
that the title be read and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 3572, notifying the
Governor of a joint session with the Assembly
to receive the Governor's message.
THE PRESIDENT: All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Senators Marchi
and Brown will carry out those duties at this
time. Thank you.
THE PRESIDENT: Senator Bruno
appoints Senators Marchi and Brown to wait
upon the Governor.
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Senator Bruno.
SENATOR BRUNO: And, Madam
President, I have another resolution at the
desk. I ask that its title be read and move
for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 3573, notifying the
Assembly of a joint session with the Assembly
to receive the Governor's message.
THE PRESIDENT: All those in
favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Senator
Hassell-Thompson and Senator Goodman will
carry out those duties.
THE PRESIDENT: Senator Bruno has
hereby appointed Senators Goodman and
Hassell-Thompson to wait upon the Assembly.
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Senator Bruno.
SENATOR BRUNO: And, Madam
President, we have been joined by one of our
recent minority leaders, Senator Ohrenstein.
And we certainly add our welcome to Senator
Ohrenstein in this chamber and wish him well.
(Applause.)
SENATOR BRUNO: And at this time
I would move that we proceed to the Assembly
chamber to hear the Governor's State of the
State.
And that there being no further
business to come before the Senate, we stand
adjourned until Monday at 3:00 p.m.,
intervening days to be legislative days.
THE PRESIDENT: On motion, the
Senate stands adjourned now until Monday,
January 14th, at 3:00 p.m., intervening days
being legislative days.
The Senate is hereby adjourned.
(Whereupon, at 12:45 p.m., the
Senate adjourned.)