Regular Session - February 25, 2002
697
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 25, 2002
3:16 p.m.
REGULAR SESSION
SENATOR JOHN R. KUHL, JR., Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
to find their places, staff to find their
places.
I'd ask everybody in the chamber to
rise and join with me in saying the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT KUHL: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT KUHL: Reading
of the Journal.
THE SECRETARY: In Senate,
Saturday, February 23, the Senate met pursuant
to adjournment. The Journal of Friday,
February 22, was read and approved. On
motion, Senate adjourned.
ACTING PRESIDENT KUHL: Hearing
no objections, the Journal stands approved as
read.
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Senator Connor, why do you rise?
SENATOR CONNOR: Mr. President,
it is my distinct honor and privilege to call
to the attention of the chair and my
colleagues the presence of two new members of
the house, whose oaths are on file.
And I'd say to Senator Bruno I
remember when he and I were first leaders, the
roll used to start with "Bruno" and then
"Connor" alphabetically. I don't know where
we've gone wrong over the years. Now we have
Alesi, Balboni, Bonacic, Breslin, and Brown
ahead of us in the roll call. We're about to
get another one ahead of us in the roll call.
It is my pleasure to present, from
the 20th Senate District, Carl Andrews. And
before I go into his bio, let me tell you
something about persistence and community
service.
Twenty years ago, 1982, following a
redistricting, Carl Andrews ran for the State
Senate. And he had a vigorous campaign, did a
lot of things right, except he was running
against Marty Markowitz. And we all know who
won that, and we'll get to that later today.
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But rather than be discouraged with
public service or political activity, Carl
spent the last twenty years in public service,
in politics, helping candidates, helping his
community.
He has served as an adjunct
professor, by way of his B.A. from Medgar
Evers College. He has a master's in
African-American studies. He served as an
adjunct professor at New Rochelle College.
He's been the assistant director of the
New York State Black and Puerto Rican
Legislative Caucus. He's been a special
assistant for Congressman Major Owens. He's
also been a special assistant for Assemblyman
Al Vann.
He was a community coordinator in
the New York State Department of State under
Governor Cuomo; special assistant to the
Secretary of State. It was my good fortune
for a number of years to have Carl as director
of the New York City Government Operations for
the Minority Leader's Office.
He has most recently served as
director of intergovernmental relations for
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Attorney General Spitzer.
He's been involved. He's been
treasurer of the Kings County Democratic
Party, member of Community School Board 17,
Community Planning Board 8, member of the
NAACP, the Society for the Preservation of
Weeksville and Bed-Sty History.
In short, for twenty years after
that defeat, Carl Andrews did -- literally did
the Lord's work in the community in terms of
representing the interests of the community,
serving the people of the state of New York in
various governmental roles.
And I'm delighted, Mr. President,
to say he is here today as the New York State
Senator from the 20th District. My
colleagues, I give you Carl Andrews.
(Applause.)
SENATOR CONNOR: Mr. President,
we now have another story, I guess, of
persistence, although not for twenty years.
We all know and we all commented,
certainly, January a year ago, in welcoming
Senator Goodman here, about the tough election
races. That's what we all do; we run for
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election. And we all remember, whichever side
you were cheering on, a six-or-seven-week
process which of course tried the patience of
the press but we all understood was designed
to get at the absolute every last ballot and
get them counted that should be counted
according to law.
And at the end of that long
process, Liz Krueger ended up short by some
198 votes. And she congratulated Senator
Goodman, we all congratulated Senator Goodman,
and life went on.
But Liz actually didn't return to
her job. She spent the time since then in the
community, being of service to different
groups in the community, really as a full-time
community activist for the last whatever
months that would come up to. And she was, of
course, in the special election, elected.
Liz and her husband have lived on
the East Side since 1983. She has a
bachelor's from Northwestern University, a
master's in public policy from the University
of Chicago.
She has been recognized as a
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national expert on hunger and housing and
government programs that meet those needs.
She has been a board member of the New York
City chapter of the American Jewish Committee,
a grants advisor to MAZON, A Jewish Response
to Hunger. She's been the chair of the
New York City Food Stamp Task Force, a board
member of the City-wide Task Force on the
Housing Court.
She was the former associate
director of the Community Food Resource Center
and had served in that position until she left
it to run for office in the year 2000.
She's been the winner of
distinguished service awards from the
Institute on Law and the Rights of Older
Adults of the Brookdale Center on Aging at
Hunter College and from the Hunger Action
Network of New York State.
Mr. President, it is my pleasure to
present to you and my colleagues Senator Liz
Krueger.
(Applause.)
SENATOR CONNOR: Thank you, Mr.
President.
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ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President. Senator Connor, colleagues.
I want to commend Senator Connor on
his choice of words in describing the
accomplishments of Senators Andrews and
Krueger.
And I want to commend -- add my
congratulations to both of you and to commend
you for your persistence and your diligence,
and for really choosing public service as a
way of life. You are to be congratulated and
to be commended, and we welcome you to this
chamber.
And I want to note, and it is
recorded on camera, that I was applauding as
you were introduced, as were my colleagues.
And we will applaud your diligence and your
good work on the floor in working with your
leader. And we will only commit to you that
we will look forward to partnering as we meet
the challenges that are before us this year
and meeting the needs of people in your
districts and in this state.
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So welcome to the Senate chamber.
And you are starting a beautiful career in one
of the most eloquent chambers, certainly,
elaborate chambers and beautiful chambers in
the whole world, so we are told.
So welcome and congratulations to
both of you. And congratulations to you,
Senator Connor.
ACTING PRESIDENT KUHL:
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Volker,
from the Committee on Codes, reports the
following bills:
Senate Print 216, by Senator
Volker, an act to amend the Criminal Procedure
Law;
Senate Print 403, by Senator
Skelos, an act to amend the Penal Law;
853A, by Senator Balboni, an act to
amend the Civil Rights Law;
1759, by Senator Morahan, an act to
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amend the Penal Law;
1822, by Senator Padavan, an act to
amend the Criminal Procedure Law;
1989A, by Senator Libous, an act to
amend the Penal Law;
1990, by Senator Libous, an act to
amend the Penal Law;
2215, by Senator Kuhl, an act to
amend the Penal Law;
3408, by Senator Velella, an act to
amend the Penal Law;
3520A, by Senator McGee, an act to
amend the Penal Law;
3679, by Senator Volker, an act to
amend the Criminal Procedure Law;
4722, by Senator Velella, an act to
amend the Penal Law;
4723, by Senator Velella, an act to
amend the Penal Law;
6137, by Senator Volker, an act to
amend the Penal Law;
And 6214, by Senator Volker, an act
to amend the Penal Law.
Senator Bonacic, from the Committee
on Housing, Construction and Community
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Development, reports:
Senate Print 1982, by Senator
Morahan, an act to amend the Executive Law;
4714, by Senator Maziarz, an act
authorizing certain housing projects;
5116, by Senator Bonacic, an act to
amend the Public Housing Law.
And Senator Hoffmann, from the
Committee on Agriculture, reports:
Senate Print 496, by Senator
Morahan, an act to amend the Agriculture and
Markets Law;
2212, by Senator Kuhl, an act to
amend the Agriculture and Markets Law;
4142, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
And Senate Print 4910, by Senator
Maltese, an act to amend the Agriculture and
Markets Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT KUHL: Without
objection, all bills are reported directly to
third reading.
Reports of select committees.
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Communications and reports of state
officers.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Higher Education Committee in the Majority
Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate meeting, immediate
meeting of the Higher Education Committee in
the Majority Conference Room, Room 332.
Immediate meeting of the Higher Education
Committee in the Majority Conference Room,
Room 332.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
Mr. President, I move that the
following bills be discharged from their
respective committees and be recommitted with
instructions to strike the enacting clause.
On behalf of Senator Fuschillo,
S2585.
ACTING PRESIDENT KUHL: So
709
ordered.
SENATOR McGEE: Mr. President,
amendments are to be offered to the following
Third Reading Calendar bills.
On behalf of Senator Maltese, page
16, Calendar Number 160, Senate Print 2591.
On behalf of Senator Trunzo, page
16, Calendar Number 162, Senate Print 764.
On behalf of Senator Morahan, page
number 17, Calendar Number 178, Senate Print
6036.
On behalf of Senator Skelos, page
12, Calendar Number 124, Senate Print 388.
On behalf of Senator Bonacic, page
number 7, Calendar Number 45, Senate Print
2283A.
Mr. President, I now move that
these bills will retain their place on the
order of third reading.
ACTING PRESIDENT KUHL:
Amendments to Calendar Number 160, 162, 178,
124, and 45 are received and adopted, and the
bills will retain their place on the Third
Reading Calendar.
SENATOR McGEE: Thank you, Mr.
710
President.
ACTING PRESIDENT KUHL: Senator
Hoffmann, that brings us to the calendar.
SENATOR HOFFMANN: May we please
have the reading of the noncontroversial
calendar.
ACTING PRESIDENT KUHL: The
Secretary will have the noncontroversial
reading of the calendar.
THE SECRETARY: Calendar Number
62, by Senator Marchi, Senate Print 4146, an
act to amend the Public Authorities Law, in
relation to the use of videoconferencing.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes -
ACTING PRESIDENT KUHL: Senator
Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. To explain my vote.
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ACTING PRESIDENT KUHL: Senator
Duane, to explain his vote on Calendar Number
62.
SENATOR DUANE: I'm going to vote
no on this legislation, as I do on virtually
all videoconferencing legislation.
I have yet to see a study of any of
the videoconferencing that's already permitted
in the state of New York -- I have yet to see
the results of any studies regarding
videoconferencing of other agencies, utilized
by other agencies in the state of New York.
As I've said many times before, I
believe that there is something very important
that happens when people are in a room
together, the way they interact with each
other, that is lost when people
videoconference.
I think it's important that people
that are appointed to boards of directors,
whether they're paid for it or not paid for
it, actually serve and meet with each other to
make important decisions affecting our state.
So until such time -- and maybe
even after -- we have results of studies
712
regarding videoconferencing, I'm going to
continue to vote no on them.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Duane will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
66, by Senator Skelos, Senate Print 2683A, an
act to amend Family Court Act and the Domestic
Relations Law, in relation to abandoned
infants.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Cull
call.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT KUHL: The bill
is passed.
713
THE SECRETARY: Calendar Number
69, by Senator Saland, Senate Print 4899A, an
act to amend the Social Services Law, in
relation to abandoned infants.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
94, by Senator Morahan, Senate Print 833, an
act to amend the Education Law, in relation to
certain BOCES programs.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
97, by Senator Kuhl, Senate Print 5485, an act
in relation to authorizing the appropriation
and use of certain funds.
ACTING PRESIDENT KUHL: The
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Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
119, by Senator Wright, Senate Print 4069, an
act to amend the State Technology Law, in
relation to simplifying.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
President.
I think that it's a slippery slope
715
for us to reduce the amount of information
that's required for any requirements for state
agencies. Once we eliminate any of the
application process or information that we
require an entity to go through, it basically
means that it's gone forever.
And I don't think that we should
embark on this slippery slope. I think that
more disclosure in virtually every case is
best as it applies to entities going before
state agencies.
So I'll be voting no.
ACTING PRESIDENT KUHL: Senator
Duane will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
123, by Senator Volker, Senate Print 209, an
act to amend the Penal Law, in relation to
consecutive terms of imprisonment.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
716
SENATOR CONNOR: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
126, by Senator DeFrancisco, Senate Print 435,
an act to amend the Criminal Procedure Law, in
relation to applications for recognizance or
bail.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
129, by Senator Trunzo, Senate Print 2592, an
act to amend the Criminal Procedure Law, in
relation to service of summons.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
717
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Hoffmann, that completes
the noncontroversial reading.
SENATOR HOFFMANN: Mr. President,
if we could call an immediate meeting of the
Crime Victims, Crime and Corrections Committee
off the floor in the Majority Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Crime
Victims, Crime and Corrections Committee in
the Majority Conference Room, Room 332.
Immediate meeting of the Crime Victims, Crime
and Corrections Committee in the Majority
Conference Room, Room 332.
Senator Hoffmann.
SENATOR HOFFMANN: Could we have
the controversial calendar read at this time,
Mr. President.
ACTING PRESIDENT KUHL: The
718
Secretary will read.
THE SECRETARY: Calendar Number
69, by Senator Saland, Senate Print 4899A, an
act to amend the Social Services Law, in
relation to abandoned infants.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR ADA SMITH: Explanation.
SENATOR HASSELL-THOMPSON: Mr.
President, I wanted an explanation.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, usually when we call a bill,
the person does renew that request.
Senator Saland, an explanation of
Calendar Number 69, Senate 4899A, has been
requested by Senator Hassell-Thompson.
SENATOR SALAND: Thank you, Mr.
President.
Mr. President, you and the members
may recall that during the 2000 session we
enacted the Abandoned Infant Protection Act.
That bill, which some referred to as the Safe
Haven Act, provided a mechanism whereby a
mother could abandon, under certain
circumstances, a child, an infant of less than
719
five days, without having to fear the
consequences of the criminal law for having
abandoned that child.
What this bill attempts to do is to
reconcile an inconsistency which has been
pointed out in case law as well as in certain
media accounts whereby, contrary to the intent
of that original legislation, Social Services
departments still find themselves obligated to
pursue the mother of the child in order to
bring on a neglect petition.
This basically provides a mechanism
whereby the Social Services department, in
that case where a child is less than five days
and has been, as is set forth under that 2000
enactment, left in a safe and appropriate
place, counties to adopt a plan which provides
for such places -- places like hospitals,
police stations, fire stations -- the Social
Services department would no longer be
obligated -- and required in fact, by law,
contrary to the intent of the original law -
to pursue the mother to bring on a neglect
petition in Family Court.
It also provides certain additional
720
mechanisms, such as for the medical
examination of the infant, to determine if the
child is less than five days, so that this
procedure can begin to run its course.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, why do you rise?
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. I just had just one
question.
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to a question from
Senator Hassell-Thompson?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
I wanted to be sure that I read
this correctly, that also in this bill that if
a parent wishes to reclaim, within that 60-day
period, that that can in fact take effect and
there will not be any penal action.
SENATOR SALAND: There is a
60-day period within which the parent has the
721
ability to in effect revoke the procedure.
Because what will happen under this
bill will be that there will be the beginning
of an expedited proceeding for the adoption of
the child. Which Senator Skelos's bill, which
we passed earlier, spells out in greater
detail.
SENATOR HASSELL-THOMPSON: Right.
SENATOR SALAND: This provides a
window during which that can be revoked.
SENATOR HASSELL-THOMPSON: Thank
you.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to be heard on the bill?
The Secretary will read the last
section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT KUHL: The bill
is passed.
722
THE SECRETARY: Calendar Number
94, by Senator Morahan, Senate Print 833, an
act to amend the Education Law, in relation to
certain BOCES programs.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT KUHL: Senator
Morahan, an explanation of Calendar Number 94,
Senate Print 833, has been requested by
Senator Duane.
SENATOR MORAHAN: I'll be happy
to respond.
This bill is a repeat of a bill we
passed last year requested by the County of
Rockland where they're trying to set up a
partnership with the local BOCES and school
districts for distant learning facilities.
We have in Rockland, probably as
many other places, situations where maybe we
have, in one school, four or five students
interested in one particular curriculum or
topic or subject, and maybe we have several
others scattered around the county in the
various districts.
And it becomes very expensive, if
723
you will, for each district to deal with the
individual need in each district for such a
small class size or small population
interested in that particular subject.
This bill will allow the county to
work in contract with BOCES and the school
districts in providing the off-site
facilities. We have already provided them the
authority to bond for a million dollars for
the project. This now allows contracts to be
drawn where this project will be run by BOCES
and supervised by BOCES, the school districts
will pay BOCES, and BOCES will assist the
county in paying off the indebtedness.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. If the sponsor would yield.
SENATOR MORAHAN: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Thank you.
What is happening now with the -- I
believe the Senator said that it was for
students who wanted to study art. I'm
724
wondering what those students are doing now.
SENATOR MORAHAN: Studying what?
Studying hard, did you say?
SENATOR DUANE: Through you, Mr.
President, I thought the sponsor said this is
for students who want to study art. Maybe I
misunderstood.
SENATOR MORAHAN: No, I'm sorry,
I didn't say that.
This is for any subject matter that
may only have a few pupils in each building
who would be interested in it.
Now it's being done by the school
districts as it is, but it's a very expensive
way to do it. What they'd rather do is
consolidate the efforts, work it through
BOCES, let BOCES oversee it, provide the
instruction, and BOCES would then tax them, if
you will, and they would pay through one
source and minimize the cost.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: Yes, if the
sponsor would continue to yield.
ACTING PRESIDENT KUHL: Senator
725
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Is this something
that BOCES does in other areas where school
districts contract with BOCES to provide a
service? I mean, is there a model for this?
Is there a model for this in the
state of New York where school districts
contract with BOCES in this manner to provide
a service?
SENATOR MORAHAN: There are
contracts between school districts and BOCES
as a matter of course. I don't know that
there's a model for this particular program
that includes the county involvement.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT KUHL: Senator
Morahan, do you yield to another question?
SENATOR MORAHAN: Yes, I do, Mr.
726
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Has the contract
already been negotiated between the school
districts and BOCES, or will it be negotiated
if and when this legislation passes both
houses and is signed by the Governor?
SENATOR MORAHAN: I believe they
have the frame -- if I may answer, Mr.
President, through you. I believe they do
have the general framework of an understanding
of how this would operate and what the
contract would do and say. But there is no
contract and there wouldn't be a contract
until it becomes law.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: And, Mr.
President, just one final question.
ACTING PRESIDENT KUHL: Senator
Morahan, do you yield to another question from
Senator Duane?
SENATOR MORAHAN: Yes, I do, Mr.
President.
727
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: As I recall, last
year this legislation was the subject of quite
a bit of discussion. And I'm just wondering
if the Assembly delineated their difficulties
with the legislation -- I should say a lot of
discussion in this house, and I'm wondering if
the Assembly delineated the issues that they
had that prevented them from passing this
legislation.
SENATOR MORAHAN: Assemblyman
Gromack and I believe Assemblyman Colman have
been negotiating with their leadership to get
it through their house. They have not
elaborated to any great deal as to what the
difficulty may be.
One of the difficulties that has
the question of the Assembly is the state aid
formula, because now the state aid would be
involved in these particular courses. And
there's some question, the Department of
Education, if this is what they would like or
not like.
SENATOR DUANE: Thank you, Mr.
728
President. Thank you.
ACTING PRESIDENT KUHL: Any other
Senator wishing to be heard on the bill?
Hearing none, the debate is closed.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
July.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
123, by Senator Volker, Senate Print 209, an
act to amend the Penal Law, in relation to
consecutive terms of imprisonment.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
729
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Senator
Montgomery, to explain her vote.
SENATOR MONTGOMERY: I'm just
voting no.
I would ask questions, but I
understand that Senator Volker is at a
hearing, and so I'll forgo the explanation,
just -- I'll vote no.
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
SENATOR LARKIN: Mr. President.
ACTING PRESIDENT KUHL: Senator
Larkin.
SENATOR LARKIN: Would you please
recognize Senator Paterson.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
730
President. Actually, Senator Connor is the
one that wanted to be recognized, and I will
give way to him now.
One of the very few times I've been
at a loss for words.
SENATOR CONNOR: Thank you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Connor.
SENATOR CONNOR: Mr. President,
with the indulgence of the house, and through
Senator Bruno's kind permission, we wanted to
recognize someone who's with us today.
Is he on that phone? Were you on
that phone?
(Laughter.)
SENATOR CONNOR: We have with
us -- you're allowed to sit, as a former
member.
We have with us today, Mr.
President, a former colleague who left us when
I had the pleasure, at midnight on
December 31st, in Prospect Park -- it was a
little cold -- to swear him in as the new
borough president of Brooklyn.
731
Marty Markowitz was born in
Brooklyn. I think the only time he's ever
left Brooklyn was to come here for session,
Mr. President. I don't think -- when he broke
his leg in Albany, he made them take him back
to Brooklyn to get it set. When he married
his bride, he suggested they honeymoon in
Brooklyn, and they did.
He literally has spent his entire
life in Brooklyn, or not far away. And when
he was away from Brooklyn, he usually had
tucked under his arm something from Brooklyn.
Usually a Junior's cheesecake, Mr. President.
But Marty Markowitz was born in
Brooklyn. He's a little bit older than me, so
he was born in -- on February 14, 1945, in
Brooklyn. He grew up in Brooklyn.
I think we know his story from his
service with us over the years. It's far from
the manner that Marty was born and reared.
His father was a waiter in a kosher
delicatessen, who passed away when Marty
was -- 11, 12? Nine? Nine. Marty went
through high school working part-time to help
support his mother and sisters. For a time
732
they lived in public housing.
He could say something not many
members could say when we'd have debates on
things like welfare and all. His family,
because of those circumstances, for a time was
forced to accept public assistance, to live in
public housing.
Yet Marty worked. He worked and he
studied. He went to Brooklyn College, nights,
while he worked full-time to help support
himself and his family, his mother and
sisters. He graduated from Brooklyn College.
And he immediately became involved
in his community. He was the founder of what
was then called the Flatbush Tenants Council.
I guess it's the Brooklyn Tenants Council now,
it has borough-wide scope. He was a tenant
leader, a tenant organizer. He served on
the -- I guess it was called the Rent
Stabilization Board? No? The Conciliation
Board, that's right. Right, the Conciliation
Board. And he's been active with the Senior
Citizens League of Brooklyn.
We all know him here, from our many
years with him, as colleague who was a delight
733
to work with, who was always concerned and
committed. Mr. President, I joked about him
being on the phone, but I think we all know,
when important issues came up, Marty could be
counted on to be in here, to speak with
eloquence on those issues, to represent the
viewpoints of his constituents and his own
beliefs.
Over the years, Marty, while a
state senator, has exhibited something that I
think is good in our society. And I say this
with an immeasurable amount of respect. I
alluded earlier to that 1982 redistricting.
And I recall leaving here in 1982 with new
district lines, and Marty's district was
changed substantially. It was made, depending
on how you counted, either 94 or 96 percent
African-American, 4 percent white.
Marty didn't quit. He said, "I'll
represent all the people." He went out and
campaigned in that district, and related to
those people who were new to his district, and
was reelected. He won that primary. As I
said earlier, he won the primary against now
Senator Andrews. And served for the following
734
20 years -- well, for ten years in that
district and then another ten years in a
slightly different district.
But what he was able to do -- and
actually, one of his opponents in the primary
last year for Brooklyn borough president,
when -- being an African-American, when the
county chair who was supporting her was asked
about Marty Markowitz, made a statement that I
think is important. He said that the
African-American community in Brooklyn has a
profound connection to Marty Markowitz.
I say that every community in
Brooklyn has a profound connection to Marty
Markowitz because of his efforts over the
years. He is someone who literally, among
other things, has provided first-rate musical
entertainment free of charge to millions of
Brooklynites.
Because if you look at how many
years he's had those concerts -- and some
years 8, 12 concerts, some years more -- he
gets 20,000 to 30,000 people at a concert.
And you do the multiplication, you will see
that he has provided those concerts literally
735
to millions of people in Brooklyn.
His concerts reflected the cultural
diversity of Brooklyn, from "Caribbean Night"
to "Salsa By the Sea" to "Gospel Night" to
"Oldies But Goodies." You name it, and Marty
has presented it to the people of Brooklyn.
His imagination knows no bounds.
In 1992 his district was changed to give him
part of Park Slope, which brought, I would
say, upper-middle-class, white constituents -
who, frankly, are the kind of constituents
that don't call your district office when they
have a problem, they call their own lawyer or
their own accountant or their own whatever.
And Marty, in thinking "What can I do for
them?" came upon his free wine-tasting nights,
Mr. President, which they loved.
Indeed, he has not only provided
intense community service for those who needed
it -- and the office he has run all those
years took care of constituents' needs -- but
he has also managed to bring joy, delight, and
pride to Brooklynites. Pride in being
Brooklynites, pride in being part of the
community, pride in relating to communities,
736
other communities besides the one that one may
live in.
And that is what I believe led to
his overwhelming selection by the voters as
the borough president of Brooklyn. Marty
Markowitz is Mr. Brooklyn. Marty Markowitz
represented the best of Brooklyn, reminded all
Brooklynites of why we are proud to live in
the largest city in our state -- because
that's what it would be -- and reminds us all
of what Brooklyn can offer. And that,
whatever other diversities among our millions
of residents may exist, we all have a lot in
common, we all share the same communities, the
same aspirations, the same values.
Marty Markowitz made it a point, by
the way, for those 22 years to speak literally
at thousands of graduations. Marty would
leave this session, rush back to New York when
we were here in May and June, speak at
graduations, come back, go back for
graduations.
And I've talked to many, many
people who attended those graduations. And
Marty had a graduation speech that inspired
737
graduates, many of them poor kids, minority
kids, many of them on welfare, public housing
or whatever. And Marty's speech would
recount, without telling them at first, the
Marty Markowitz story, about how if you have a
dream, if you have a dream and you work hard
at it, you can attain it.
Marty's dream, as long as I've
known him -- and I've known him for, I don't
know, 25 or 26 years -- was to be the borough
president of Brooklyn. And he worked at that,
and he attained it, and we're all very, very
proud, as former colleagues of him. And
certainly myself, as someone who lives in
Brooklyn, am delighted that a few blocks away
from me, in our beautiful -- which I'm sure he
will invite us all to someday -- in our
beautiful 1843 Borough Hall, which is a
magnificent building, he presides.
He is here today with the love of
his life. We knew him, for most of the years
we served with him, as an inveterate bachelor.
But a couple of years ago, he met Jamie. They
fell in love, they had a wedding, a
spectacular wedding in Brooklyn. And we are
738
all delighted that she is the now the first
lady of Brooklyn. And we are happy for Marty
that he has found his soul mate to share his
ongoing work for all the people of Brooklyn.
Mr. President, I ask all of my
colleagues to welcome former Senator Marty
Markowitz.
(Applause.)
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President.
I just want to lend my voice to all
of those who have welcomed Senator Markowitz
back today. When he would hold his concerts,
a lot of times he would be looking for new
acts. And since I was one of the few members
here that were younger than him, he would ask
me about some of the groups that we used to
like back in the '70s.
And one time my assistant and I
gave him a couple of groups that he should
look into trying to get, and he came back in
half an hour and he said, "Thanks for the
suggestion. They'll be on July 24th. Come
739
and see them." It was amazing how quickly he
could do this.
And I have some great memories of
him. I went to a restaurant with him and
Senator Gonzalez once, and Marty thought that
the wine cost too much there, so he brought
his own wine. And to the chagrin of the
people who ran that establishment. I've never
gone back there since that night. But we had
a great time on that occasion.
But I just wanted to add something
to what Senator Connor said. I'd become
familiar with Marty Markowitz, living in
Manhattan, because of the fact that he did
represent this district that was 95 percent
African-American. And at the time, this was a
point when many of us were struggling for
inclusion. And everybody, of all ethnicities
and genders and sexual preferences, have a
chauvinism about their community and would
like to see not just good representation but
representation of like people.
And so when I came to the Senate, I
might have had a little bit of an askanced
look at Senator Markowitz, who was trying many
740
times to align himself with the Black, Puerto
Rican, and Hispanic Legislative Caucus, and
was trying to work on a number of issues and
was probably getting a great of resistance.
And this would be kind of a shame,
that those of us who knew the feeling of
exclusion and those of us who knew the feeling
of not full acceptance would actually be doing
that to Senator Markowitz for a period of
time.
And then it's ironic that tonight
the members of the Minority are having a
dinner in honor of Senator Markowitz. And on
one particular evening we were having this
same dinner about seven or eight years ago,
and I went out of the dinner for a moment and
I saw Marty on the phone. And he was having a
conversation, and he got off the phone and he
was absolutely antagonized, livid at the
person he was talking to.
And he said that they were the
owners of a company that made hair care
products widely used in the African-American
community, and they couldn't contribute a
couple of dollars to have one of these
741
concerts. And he was so upset he could barely
come back in the dinner.
And I think for a moment I really
recognized his real commitment and his real
sincerity and how he cared about people. And
I don't think I ever viewed him in the same
way after that.
And then started to notice the
rigorous representation that his constituents
got, how angry -- Marty Connor, the leader,
was talking about the reconfiguration of
Senator Markowitz's district after the 1992
reapportionment, and he talked about the new
people who came in. But there were many
people who were at that point deleted from his
district lines who were angered that they
didn't have the steadfast, disciplined
representation that Senator Markowitz offered.
So we wish him well in the borough
presidency. And all I can say is I had a
friend who lived in Manhattan, and his
lifelong dream was also to be borough
president. In fact, he tried in 1977, in
1981, and he finally won in 1985. And his
name was David Dinkins, who later went on to
742
become mayor.
So Marty, when you move to City
Hall instead of Borough Hall, I'll be there to
greet you as well.
Thank you.
ACTING PRESIDENT McGEE: Senator
Mendez.
Just one moment. Senator, will you
suffer an interruption.
Senator Larkin.
SENATOR LARKIN: Will you please
announce an immediate meeting of the Education
Committee in the Majority Conference Room,
Room 332.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Education
Committee in the Majority Conference Room,
Room 332.
Senator Mendez, thank you so much.
SENATOR MENDEZ: Thank you, Madam
President. And I'm going to be very brief.
Yes, we're welcoming today Senator
Marty Markowitz to this beautiful chamber
where he has served with all of us for about
twenty-odd years.
743
And I remember when I inquired some
time ago, you know, about the composition of
his district, and I was told that it was 95 or
96 percent African-American. I was amazed.
Even that same year, a good friend of ours, at
the peak of his political influence, Reverend
Jesse Jackson, ran a candidate against him in
his district. And lo and behold, as expected,
Marty defeated that candidate overwhelmingly.
I think that we're going to miss
him enormously. He's been a good friend. I
have admired him every time that he stands up
in this chamber and he speaks with such
feeling about the plight of those that either
are on welfare or are unemployed or that need
certain specific services. And I've admired
him enormously because of that.
So I too want to wish him the very
best. And I think that we all are going to
miss him, horribly so.
Thank you.
ACTING PRESIDENT McGEE: Thank
you, Senator Mendez.
Senator Lachman.
SENATOR LACHMAN: Yes, on Martin
744
Markowitz, borough president of Brooklyn.
I think the only people who are
happy that you're no longer with us, Marty,
are Sprint and AT&T.
How many of us have seen Marty
Markowitz manning those phones, day after day,
week after week, month after month, year after
year? And in doing this, he wasn't raising
money for himself, he was raising money for
the community. And not just one part of the
community, he was raising money for the total
community.
And this is what Marty represents.
I mean, wherever you go in Brooklyn,
regardless of the race, religion, ethnic
origin of the person, Marty is one of them.
Even though I know your Italian isn't that
good and your Greek isn't that good, you're
still part of everyone in the community.
Let me also say that Marty
probably, in my opinion, couldn't have won the
race for borough president unless he fell in
the snow last winter and had two pins stuck
into him. And it took him about three or four
weeks before he was even allowed to put
745
crutches on.
And I will never forget the day
that we were debating a bill, a controversial
bill, and I said, "Marty, the vote is about to
take place." And he ran back into the
chamber, and all of a sudden he took one of
those crutches and used it as a staff and
shouted out, "Let my people go."
So we know that Marty is the only
person in the Senate or the Assembly who, if
you want to modulate and moderate his voice,
give him a megaphone to speak from.
I want to add to what I said when
Marty fell. And Marty recuperated in six
months, and in nine months was elected borough
president. The best thing that ever happened
to this guy was meeting and marrying Jamie.
And Jamie, it's the best thing that ever
happened to you. Because every single day
when Marty was in his crutches -- even before
he got his crutches -- Jamie was there. And
when he couldn't make those calls, she made
those calls.
And Jamie, as you know, is an
artistic, creative person. She had never made
746
a political speech in her life until her new
husband decided to run for borough president.
So in looking forward to the future
of our borough, I am looking forward to the
wonderful team of Marty and Jamie Markowitz,
the borough president and the first lady of
the greatest borough in the city of New York.
Congratulations.
ACTING PRESIDENT McGEE: Thank
you, Senator Lachman.
Senator Gentile.
SENATOR GENTILE: Thank you,
Madam President.
I want to add my voice, too, that
our friend and our president of the borough of
Brooklyn is here with us today.
As you know, I represent two
boroughs. And one of my constituents from
Staten Island saw me the other night and came
up to me and said to me, "Senator, who is that
guy you have over in Borough Hall in Brooklyn?
He walked into one of our DC 37 meetings the
other night and took over the meeting. He had
us rolling in the aisles and certainly made an
impression upon everyone."
747
And I said to her," That is our man
and our borough president and the borough of
Brooklyn, Marty Markowitz."
And so, Marty, your reputation and
your name is certainly going beyond the
borders of Brooklyn.
And Marty is not only a cheerleader
for the borough of Brooklyn, he is our
spiritual leader. He is certainly our leader
in many, many ways. And I'm so proud to be
here not only as a friend of Marty Markowitz,
but also to be a resident of Brooklyn and to
be in the borough in which Marty Markowitz is
the borough president.
I must say, however, though, that I
do separate myself from comments that he makes
about other boroughs, particularly about the
borough of Staten Island. But certainly it's
only in jest. Only in jest.
But certainly I add to that the
fact that he not only has assumed the office
of borough president, but he's given us a
wonderful first lady, the first lady of
Brooklyn, Jamie Markowitz. And certainly as
our first lady Jamie Markowitz is doing a
748
wonderful job. And certainly I think over the
next four years everybody will not only know
Marty but will know Jamie as well.
Unfortunately for me, in this
chamber, not having Marty Markowitz around is
not only a loss to me as a friend, someone who
sat next to me in the chamber, but also
someone who I had a running controversy with.
For the six years that I have been here, I've
had a running controversy with Senator
Markowitz. That controversy is now over.
There's no longer any other controversy about
this.
Unless I can find a way to knock a
half an inch off of Senator Maziarz's heels,
the controversy is over and I am officially, I
am officially the shortest man in the New York
State Senate.
So, Marty, congratulations.
Thank you.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
If ever there was an example of how
749
this is show business that we're in, Marty
Markowitz fits that description. This is the
man who once rode a horse and wore a white
suit -- and I think it had fringe on it -
into a concert in his district. Please let it
never be said that anybody else in this
chamber has showboated when we have had as our
best example in front of us Senator Markowitz.
The people of his district have
benefited from his splendor and his creativity
for decades. And he's shown that you can have
a little bit of fun by poking some fun at
yourself while you demystify some of this
business of government.
And to people that we represent
where there is sometimes an enormous gulf
between education level and comprehension
about government, that may in fact be the best
way to reach people: invite them to come to a
concert, invite them to come out and have a
good time, and then explain about the laws of
the land and why they need to be participants
in this democratic process.
And I know that Marty Markowitz has
believed that and practiced it long before
750
most of the people in this chamber or any
other legislative chamber dared to embark upon
that trail. So his color and good humor are
legendary around here, and we will all miss
seeing that particular manifestation of his
actions.
But he also does something else
that has intrigued me through the years, and
that is his ability to transcend racial
limitations. This is a man who has never let
his race handicap him. He had no qualms all
at all standing here in this chamber on a very
significant day speaking to a packed house of
African-Americans and bellowing, in that
rather remarkable voice of his that needs no
amplification, "Let my people go." In such a
way that people around the Capitol scratched
their heads and looked quizzically at each
other and said, "Who is that particular
speaker that we hear coming over the box right
now?"
This is an individual who has shown
from his heart that he understands the needs
of the people who have elected him. He did
not compartmentalize, he didn't pigeonhole, he
751
wanted to embrace all of them. And as his
district shifted, he was willing to address
the needs of all of the people who relied on
him to carry the message here to Albany.
And for that, I admire you, Marty.
I'll miss you. I want you to know that I'm
enjoying my current chairmanship of the
African-American Majority Conference. I'm the
acting chair, as you know, in our conference.
And much like yourself, I take with some good
humor the responsibility that I have to
sometimes do a little translation. And I feel
blessed, as you do, to be able to sometimes
understand things that help make a little bit
of a link.
And I know that in your new
capacity you are going to continue forging
those important new inroads. And I very much
look forward to working with you, and I look
forward to seeing your new bigger and better
concerts. And hopefully you'll show everybody
else in New York City and around this state
why that is in fact a key to success.
God bless and good luck.
ACTING PRESIDENT McGEE: Senator
752
Andrews.
SENATOR ANDREWS: Thank you,
Madam President.
I rise today to join my colleagues
in the Senate to honor my predecessor, my
borough president, my friend, Borough
President Marty Markowitz, former senator.
To set the record straight, when
Senator Connor was introducing me, he
indicated that I ran against Marty Markowitz
twenty years ago. That's almost right. I ran
twice. I was kind of hotheaded at that time.
But in that confrontation or that
thing known as campaigning, I think that one
of the things that came out of it was that the
class of Marty Markowitz as an individual and
as a senator for this district rose to the
top. And from that encounter, I can say
honestly from that point on we've been very
close to each other. Not as close as his new
wife, of course, Jamie. And we hope not to be
that close.
But, Jamie, congratulations to you,
Jamie.
And I want to just say publicly
753
that the 20th Senatorial District, which I now
represent as the senator, have hard, hard
shoes to fill. Senator Markowitz has left a
great legacy of constituent services as well
as leadership, not only in the district that
he represented, but, it's clear, as the
borough president. That's one of the reasons
why he was elected as borough president.
And I look forward to working with
him as borough president. And I thank God for
term limits. As you know, in New York City,
we have term limits for city officers. And
I'm sure that was one of the motivational
forces behind Senator Markowitz's aspiration
to become borough president. And his
aspiration and success also led to my
aspirations and my success as his successor.
So, Marty, congratulations. As
always, my office will be there to help you,
to assist you. And let's see if we can keep
the concerts going.
Thank you.
ACTING PRESIDENT McGEE: Senator
Onorato.
SENATOR ONORATO: Thank you,
754
Madam President.
I rise to join my colleagues in
saluting my dear, dear friend and his wife,
Jamie, on his election to the borough
presidency of Brooklyn.
Senator Paterson alluded to the
fact about his telephone call where he was
livid, so livid that he lost his appetite.
I've been going with Marty Markowitz now for
almost twenty years, and I have never, under
any circumstances, ever seen him lose his
appetite. I want to set the record straight
on that aspect.
It's true that Marty and I liked to
go to different restaurants. And Marty's
reputation follows him, not only in Brooklyn,
but probably in every borough in the city of
New York, because he loves to go out and eat
in different restaurants. And he's learned
how to say a salutation in almost every
language that you can think of. Not a hell of
a lot, but enough to get by in every
restaurant that he walks into.
And with the salutation, the next
thing out of his mouth is "Do you mind if I
755
bring my own bottle of wine in?" And he gets
away with it. There's no question about it.
But he's really served his
community extremely well. He has been
pestering me for twenty years to attend one of
his concerts. He keeps telling me how
wonderful they are and how many people that he
gets there. And I really took it with a grain
of salt when he told me the amount of people.
Last year my wife was continually
noodging me: "We got to go, we got to go." I
says I didn't want to drive into Brooklyn at
that time of night, so Marty sent a car to
pick me up. And we went to see Kenny Rogers.
And when we got to that park, I was totally
amazed to see approximately 10,000 people in
that park, really. And they all, all loved
him.
And it just goes to show Marty's
ability to rise above all adversity. He was a
minority in the minority, and rose to the top.
And he now represents a quasi-minority borough
of Brooklyn, and he's again risen to the top.
You know what they say, the cream
always floats to the top. And Marty, after
756
having dinner with me for all of these years,
I fed you enough cream so you could rise to
the top.
Congratulations to you and to
Jamie.
ACTING PRESIDENT McGEE: Senator
Ada Smith.
SENATOR ADA SMITH: Thank you,
Madam President.
I too rise to congratulate my
colleague. I probably have had different
experiences with Marty than some of the
gentlemen. I remember when we used to have
the Brooklyn delegation meetings and Marty
would be the only senator who brought
Velmanette and I a gift. He started me to
wearing Knowing and Beautiful. And I'm still
wearing it because of him.
Marty and I happen to have been
born in the same year, but I'm so much younger
than him. But he did something very smart a
couple of years ago. He married Jamie. Now
he's trying to get me to get married. Marty,
this is the one thing you will not be able to
broker.
757
We will miss you. I will miss all
of your antics, all of the fun that you have
brought to this chamber. But Brooklyn is a
better place for having you as its borough
president.
I look forward to working with you,
even though I may be in Queens now. But my
heart will always be in Brooklyn, and I will
always be a Brooklynite, and I will always be
there to work and serve with you.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Thank you, Madam
President, and President Markowitz.
I really want to just say a couple
of words here. I have been in my office, and
I've been working diligently on behalf of your
constituency and ours, and listening to some
of the observations and comments, and just had
to come in for just a couple of minutes and
acknowledge -- I'm going to say the wonderful
things that you had to do and say when you
were in the chamber. I was trying to think of
what they were, and I couldn't think of them.
(Laughter.)
758
SENATOR BRUNO: But I was
listening to all the accolades, and so I'm
taking everyone's word for it, okay, that you
are outstanding, upstanding, the best that
ever served in this chamber so far.
And Carl says that he is going to
be up to the challenge, okay. And I didn't
realize that you sort of did the thing with
him way back. But he has been the -- you've
been his mentor since then, and he is here now
and he is prepared. And I know he's prepared,
because he is in your district and
representing that same constituency which you
really did in such an outstanding way.
And that recognition was there when
they elected you, and that wasn't easy. You
did it. And you now have a larger
constituency, and that is very much to your
credit, in that you had committed yourself so
diligently, so effectively and conscientiously
to serve that constituency. And now you have
much more responsibility, a much larger
constituency, much more to do, but you are up
to it.
And I am sure that your tenure
759
there as president will be as productive and
as responsive to those people and they're
going to be better for the experience of
having had you there.
So I wish you well in your new job.
And we're sorry that you're no longer here
giving me a hard time.
And, Carl, remember, okay, that we
learn from other people's mistakes as well.
Thank you, Madam President.
(Laughter.)
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I will keep this brief, as Senator
Markowitz has some phone calls to make.
(Laughter.)
SENATOR SCHNEIDERMAN: But the
one thing I want to say -- and this is
something I've never told Senator Markowitz,
and it's an absolutely true story. When I
first came up here, a lobbyist -- and I was -
you know, I came up here and I said: Oh,
good, we're going to rework the tax code and
760
revise NAFTA and all these great things I
wanted to do.
And I was talking to this lobbyist,
and he said, "Listen, get realistic. You're
not going to do any of that stuff." And he
pointed at Marty Markowitz, and he said, "That
guy has touched more people's lives than
anyone else in your conference on a
person-to-person, family-to-family level.
Look at him."
And I did. And what I saw was
really remarkable. And Marty has done an
incredible job.
It is very difficult -- and for
those of you who are outside the city, it is
very difficult to understand the stature of
the Markowitz Productions concert series. I
mean, if the guy decided to be an impresario,
you know, he would be one of the biggest
moguls in the country at this point in time.
I was representing a group of
activists fighting the MTA's effort to close
token booths last year, and we're in a meeting
with about 80 people. And they said, "We've
got to get the public agitated about this
761
issue. What do we do?" And someone said,
"Well, we've got to get to the Markowitz
concerts." And I said, "Oh."
And then they said, "Let's go on,
you know, this one, July 10th." And then one
by one everyone started taking out their
books. And "Oh, July 10th, that's this
group?" And then someone said, "What about
July 22nd?"
And then I realized everyone else
in the room had a list of the Markowitz
concerts, and they're, you know -- and we did
leaflet there, and Marty helped with us that
effort.
So, Marty, thank you. You have
touched a lot of people's lives, not just in
your district but also here in the Senate.
We've all benefited from your presence. And
it is wonderful that you are leaving us to
fulfill your life's ambition to be the king of
kings.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
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I came to the Senate in 1992, and I
remember someone talking about the notion of
what a vacant seat was. And I actually sat
next to Marty Markowitz. And as we know, he
was out on the phone quite a bit, and so I
thought the vacant seat was the seat next to
me, for a period of time.
Marty would come back in and then
of course launch that great voice from
Brooklyn and turn people's heads on important
issues.
Marty, I have a particular
attribute that I will always remember. And
that is, Marty, I think that of all the people
I've known in the Senate, I have seldom heard
anyone characterize right and wrong in the way
that Marty Markowitz does. I can remember
issues where he stood up and said, "It's just
wrong. And when it's wrong, we have an
obligation to do something about it."
And, Marty, I will never forget
both your speeches on the floor and in our
conference to remind us that every now and
then we have to stand up, no matter what side
of the political spectrum we come from, and
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make sure that a wrong is righted.
Marty, there's one other thing I'd
just close with. There is a parable from the
New Testament that talks about the gold coins
and the gold coins are given out. And some
people buried their gold coins; some people
took them and used their talents to their
fullest.
And on the day of the final
accounting, they come back to the Lord, who
had given them their gold coins, and the Lord
says to them that he holds them accountable
for the fact that they had buried their
talents and they hadn't used them.
Marty, I think you have an
accounting to give where you have used those
talents of your voice from Brooklyn, your
concern and love for the people of that
community, your outreach through your
concerts -- I think you have an accounting
that you should be enormously proud of.
And I'll conclude with one other
thing. When I came here, I didn't really know
much about Brooklyn. I'm from upstate New
York. In fact, I think other than driving in
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through the airport, I'd never been there.
And I had an image of Brooklyn that I guess
was associated with Coney Island and the
Dodgers and other images.
But, Marty, you have left an
impression on me, and that is very simple.
When I think of Brooklyn now, I will think of
Marty Markowitz.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President.
I haven't had the pleasure of
serving with Senator Markowitz as long as some
have. Not because of my age, because I was in
another body for a long time and I'm pretty
old now. However, his reputation when I was
in the City Council was really terrific.
And I can't really expound a lot on
his record here in the Senate, because I
wasn't here to experience it. But I have to
agree with everyone who's talked about the
profound impact that Senator Markowitz has had
on the constituents of Brooklyn. In fact,
he's probably represented more parts of
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Brooklyn than any other senator.
And though I may have made some
mistakes in my recent past, I do have to say
that, without a doubt, Senator Markowitz is
going to be a wonderful, wonderful borough
president, and it's a job made for him.
And I also want to congratulate the
first lady of Brooklyn, who I think is a
terrific asset to the borough president. And
together, this summer, I have to say I have
never seen such a magnificent campaign team in
my entire life.
So it's hard work and good humor,
well rewarded. And congratulations. And I
hope you enjoy -- and I know you'll enjoy, as
will the people of Brooklyn, your terms as
borough president.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: Madam President,
before I with unanimous consent turn the floor
to Marty, I'd just like to say that for
myself, I've known Marty for many, many years.
He's been a good friend. And I will confess
766
to you that I used to call him one of my death
penalty Democrats.
And many years ago, before George
Pataki, Mario Cuomo and I had a few little
bouts on the death penalty. And Marty was one
of my affirmative votes on the Democratic
side -- and took a lot of abuse for it,
there's no question.
For lots of reasons, I became very
close to Marty. And in fact, I used to try to
help him with a few bills here and there and
so forth, and all of that sort of thing.
But I must say to you that there
were people who frankly wanted to create a lot
of problems for Marty and raise a great deal
of cain. And there were some people that
caved who were pro-death penalty. But Marty
never did.
And the funny thing is, just about
every year people said, "You watch it. Marty
Markowitz is going down, he's going" -- I used
to laugh. I said, "Yeah, right."
But I want to say to you, Marty, we
do miss you. And I mean it. There's some
people here who may have been a little annoyed
767
at some things, but that's part of this
process. And, you know, I was telling a
newspaper back home that was complaining about
the Legislature and complaining about all the
different things that go on and complaining
about various things and we don't understand
the public. They said nah, we don't
understand. It's called democracy. It's a
terrible form of government. But I said
there's a much more efficient form of
government that's called a benevolent despot.
And it certainly is much more efficient.
However, we Americans got rid of that years
ago.
And in a democracy, there's pro and
there's con. Everybody -- and people say to
me, "Aren't you mad because somebody disagrees
with you?" I say, "Why should I be mad? My
wife disagrees with me." I mean, it's the
real world.
And we've disagreed on many issues.
And you've disagreed with us, and you've
agreed with us on many. But we've always been
friends and will remain being friends. And I
want to tell you something. I really think,
768
and I mean this sincerely, Brooklyn is lucky
to have you as the borough president.
With unanimous consent, Madam
President, would you like to say something,
Senator Markowitz?
ACTING PRESIDENT McGEE: Senator
Markowitz.
SENATOR MARKOWITZ: Thank you
very, very much.
Senator Connor, thank you for those
wonderful remarks. And thank you. It's a
pleasure to have you as my leader yesterday,
today, and tomorrow.
Senator Bruno, who was very nice in
his remarks, I look at him every day and, you
know, this is a man who knows how to take care
of himself. You got to admit, can you look
better than that guy? It's unbelievable.
And to all of my colleagues that
were nice enough to say wonderful things to
me, I appreciate it. I will make this brief,
because I know you have more important things
to do. Because whenever you can break out of
this chamber, break out. That's for sure.
Let me just say that when the vote
769
came in in November and it was clear that I
had become the Brooklyn borough president,
which some of you may know was my dream my
whole life, from the time I was 19, all I said
to myself, to everyone around, was, "Free at
last, free at last, thank God almighty, I am
free at last."
And the truth of the matter is is
that the one thing that I learned here -
there are many lessons, but I especially want
to say to Senator Andrews and Senator Krueger,
you're going to hear a lot of debate. And
some of the positions that you'll hear will
not please you. As it didn't please me.
In fact, when I first was elected,
I heard several people that are -- one in the
chamber, Senator Trunzo, who was vehemently
against rent regulations, which has been dear
to my heart. And Senator Jim Donovan, of
blessed memory, who was one of the Senate's
vigorous opponents of abortion.
And Senator Donovan, who initially
when I met, I have to tell you I didn't like
him. He represented everything I didn't know,
that I didn't understand. Such
770
conservativism, such anti-women's rights.
Everything that I in my politics and my life
believed in, he seemed to be opposed to.
But this is what the Senate teaches
you, that you can't judge a person by a single
position. Because that same man, of blessed
memory, also was one of the biggest fighters
for children and child welfare issues, had one
of the biggest hearts and fought in this
chamber for additional government resources to
help people that were poor, especially
children. And so I learned a lot from him.
I learned a lot from Senator
Trunzo, who became one of my closest friends
in this chamber. And many others that are
here, and some that aren't here. And that's
what the Senate gives you an opportunity to
do: to grow, to respect, to understand.
And I have to tell you that it
allowed me a chance to represent a great
diversity. When they changed my district to a
largely African-American one, it was my
experience here in the Senate, meeting men and
women of conservative viewpoints throughout
the state, that gave me the ability to relate
771
to people whose background was not exactly my
own. I learned from this chamber.
And meeting some of the finest
people that you'll ever dream of meeting right
here in this chamber, for many, many years, 23
years that I spent here. That's almost half
of my adult life, pretty much. And I can tell
you that the memories and experiences here
will take me -- will last with me forever.
Three achievements of my life.
Number one -- and if any of you are in this
chamber or are listening on your squawk box
right now and are single and have never been
married, and or single or whatever, and are
anywhere near the age when I first got
married, at 54½ years old, keep the faith.
Because when you least expect it, it's true -
I met the love of my life.
And I have to tell you, I could
have never been able to achieve borough
president without my wife, Jamie. Thank you,
Jamie.
(Applause.)
SENATOR MARKOWITZ: The next
achievement was becoming a senator. It wasn't
772
easy. I had a hard race in 1979, and I
succeeded. And then reapportionment came.
That's the one thing I'm so happy
about. I don't worry about reapportionments.
But -- unless you want to give me more of
Queens. I want to appeal to my Senate
colleagues: Neponsit, Belle Harbor, Rockaway
Park, and Breezy Point should be part of
Brooklyn, by the way.
But putting that aside, being a
senator and then reapportioned and running
against Senator Andrews -- and he gave me the
race of my life, two times. But that really
help me tremendously, and it did.
And then winning as borough
president.
So Senator Bruno and Senator
Connor, you know this already. Governor
Pataki, who is spending more time in Brooklyn
than almost anybody I know, he has found the
promised land, Brooklyn, New York. Even if it
happens every four years. But that's okay.
All I can say is that the state of New York
begins in Brooklyn.
And secondly, for me, being 57 now,
773
thinking about the fact of being 9 years old
and losing my dad, and my two younger sisters
and my mom who couldn't work, and then living
on public assistance, and mostly on Social
Security survivor benefits, waiting on line
for food, excess food that the federal
government used to give you when you were
poor, and having people give you hand-me-down
clothing, and then going to work every
evening, after school and on weekends, and
then going to college nine years at night and
continuing that during the days and on
weekends, supporting my sisters and my mom -
and then becoming borough president of
Brooklyn. Does it get any better than that?
Let everyone here -- there's no
such thing as you can't achieve. Let me tell
you something. If I can be here this
afternoon, this is the greatest country in the
world.
Thank you.
(Applause.)
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: May we please
774
return to reports of standing committees. I
believe there's a report at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Kuhl,
from the Committee on Education, reports the
following bill:
Senate Print 6122, by Senator Kuhl,
an act to amend the Education Law.
And Senator LaValle, from the
Committee on Higher Education, reports:
Senate Print 6292, by Senator
Bruno, an act to amend Chapter 987 of the Laws
of 1971.
Both bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Without
objection, all bills directly to third
reading.
SENATOR VOLKER: Is there any
housekeeping at the desk, please?
ACTING PRESIDENT McGEE: Just a
moment, Senator Volker.
SENATOR VOLKER: On behalf of
Senator Connor and Senator Bruno, I hand up
775
the following committee changes for filing.
On behalf of Senator Bruno, I hand
up the following committee changes for filing.
There being no further business,
Madam President, I move we adjourn until
Tuesday, February 26th, at 11:00 a.m.
ACTING PRESIDENT McGEE: There
being no further business, the Senate is
adjourned until Tuesday at 11:00 a.m.
(Whereupon, at 4:41 p.m., the
Senate adjourned.)