Regular Session - April 22, 2002
2300
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 22, 2002
3:09 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us today is
Monsignor Robert Thelen, from the Nativity
Blessed Virgin Mary Church in Ozone Park,
New York.
MONSIGNOR THELEN: Let us pray.
O, God, the Creator of all, we
thank You for the gift of life, our own
individual lives and the lives of so many
others whom You give us as companions in this
world: family and friends, coworkers, and
fellow citizens.
Grant to us the requisite prudence,
wisdom, and compassion so that we might all
live in the spirit of harmony and peace, one
nation under God, a united country made up of
many races and nationalities, varied
backgrounds and cultures, different beliefs
2302
and approaches to life.
Bless our nation and its leadership
in these difficult times. Bless our great
State of New York and bless its elected
officials.
We pray in a special way this day
for the members of our State Senate. Bless
them with the wisdom and the courage to debate
sincerely and honestly the matters which come
before them, evaluating the complex issues of
our times with ethical concern and moral
sensitivity, helping to fashion a social
climate ever in the service of the common
good.
Bless them with the spirit of
patience and a sense of mutual respect as they
deliberate together for the benefit of all
New Yorkers.
In a society sometimes angry, may
their decisions foster healing and calm. In a
world not always truthful, may they say what
needs to be said. For the voiceless, may they
provide a voice. To the powerless, may their
decisions offer empowerment. For the
emarginated and alienated, may they seek to
2303
create a spirit of welcome. When voices are
raised which seek to divide and alienate, may
their deliberations serve to unite a citizenry
enriched by ever-varied ethnic, racial, and
religious backgrounds.
It was once said of our country:
America is great because America is good.
When America ceases to be good, America will
cease to be great.
As we continue the struggle against
the threat of terrorism, may we never become
cynical as to the fundamental goodness of
people, and may we, working together, rekindle
the hopes and dreams so badly shattered by
recent tragedy.
For it is indeed in our shared
goodness that we can and will achieve new
greatness, yet always under Your guidance and
with the help of Your grace, You who are God
forever and ever.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, April 21, the Senate met pursuant to
adjournment. The Journal of Saturday,
2304
April 20, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: If we could just
continue in the regular order.
THE PRESIDENT: Presentation of
petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator LaValle and
Senator Hannon, I move that the following
bills be committed to the Committee on
Finance: 3389, by Senator LaValle; 3762A, by
Senator Hannon.
2305
THE PRESIDENT: So ordered,
Senator Farley.
SENATOR FARLEY: On behalf of
Senator Bonacic, please place a sponsor's star
on Calendar Number 557.
THE PRESIDENT: The bill is so
starred, Senator.
SENATOR FARLEY: On behalf of
Senator Kuhl, I move that the following bills
be discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause: 2647 and 3063.
THE PRESIDENT: So ordered,
Senator.
SENATOR FARLEY: On behalf of
Senator Wright, Madam President, I move that
the following bills be discharged from their
respective committees and be recommitted with
instructions to strike the enacting clause:
Senate Bill 5306 and 5307.
THE PRESIDENT: So ordered,
Senator.
SENATOR FARLEY: Also, Madam
President, the following amendments are
offered to these Third Calendar bills:
2306
Senator Marcellino, page 8,
Calendar 136, Senate Print 4730;
Senator Kuhl, page 13, Calendar
264, Senate Print 6236;
Senator Marcellino, page 16,
Calendar 321, Senate Print 5840;
Senator Marcellino, on page 26,
Calendar 512, Senate Print 6207;
And Senator Alesi, page 36,
Calendar 622, Senate Print 1503.
And I ask that these bills retain
their place on the Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and bills will retain
their place on the Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe there's a substitution at the desk.
If you could make it at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 39,
Senator Morahan moves to discharge, from the
Committee on Elections, Assembly Bill Number
659 and substitute it for the identical Senate
2307
Bill Number 4214, Third Reading Calendar 650.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
SENATOR SKELOS: If we could take
up the noncontroversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
78, by Senator Rath, Senate Print 3644A, an
act to amend the Penal Law, in relation to
aggravated harassment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
2308
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
137, by Senator Marcellino, Senate Print 5551,
an act to amend the Environmental Conservation
Law, in relation to natural heritage areas.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
244, by Senator Kuhl, Senate Print 4766,
concurrent resolution of the Senate and
Assembly.
ACTING PRESIDENT MEIER: Call the
2309
roll on the resolution.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The
resolution is adopted.
THE SECRETARY: Calendar Number
245, by Senator Saland, Senate Print 5131A, an
act to amend the Family -
SENATOR MARCELLINO: Lay the bill
aside for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
274, by Senator Marcellino, Senate Print
4754A, an act to amend the Navigation Law, in
relation to the use of tow-chains.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
2310
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
507, by Senator LaValle, Senate Print 6685, an
act to amend the Education Law, in relation to
the registration of pharmacies.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Chapter 346 of the Laws of 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
546, by Senator Stafford, Senate Print 6577,
an act to amend the Public Officers Law, in
relation to permitting.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
2311
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
570, by Senator Wright, Senate Print 6136, an
act in relation to fire protection in the
Village of Central Square, County of Oswego.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
572, by Senator Volker, Senate Print 6159, an
act to amend the Local Finance Law, in
relation to the sale of municipal obligations.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
2312
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
577, by Member of the Assembly Destito,
Assembly Print Number 10071A, an act to
authorize the City of Utica, in the County of
Oneida.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
581, by Senator Larkin, Senate Print 6580, an
2313
act to amend Chapter 478 of the Laws of 1969.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
610, by Senator Padavan, Senate Print 5478, an
act to amend the Criminal Procedure Law, in
relation to statements.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
2314
THE SECRETARY: Calendar Number
615, by Senator Fuschillo, Senate Print 6455,
an act to amend the Penal Law, in relation to
including an official.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
616, by Senator Maziarz, Senate Print 6465, an
act to amend the Criminal Procedure Law, in
relation to electronic court appearance.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
2315
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
618, by Senator Volker, Senate Print 5297, an
act to amend the Public Authorities Law, in
relation to the changing, fixing and
collecting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
619, by Senator Johnson, Senate Print 5715A,
an act to amend Chapter 672 of the Laws of
1993.
ACTING PRESIDENT MEIER: Read the
last section.
2316
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Marcellino, that concludes
the noncontroversial reading of the calendar.
SENATOR MARCELLINO: Yes, Mr.
President. It's my understanding there was
only one bill laid aside as controversial.
ACTING PRESIDENT MEIER: That's
correct.
SENATOR MARCELLINO: Can we have
that bill laid aside temporarily, because we
have the sponsor not present for a while.
ACTING PRESIDENT MEIER: The
Secretary will lay Calendar 546 aside
temporarily.
Senator Marcellino.
SENATOR MARCELLINO: Can we just
have the house stand at ease pending the
report of the Rules Committee.
2317
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Rules Committee.
(Whereupon, the Senate stood at
ease at 3:21 p.m.)
(Whereupon, the Senate reconvened
at 3:29 p.m.)
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, can we return to the reports of
standing committees.
I believe you have a report of the
Rules Committee at the desk. Can we have it
read.
ACTING PRESIDENT MEIER: Can we
have some order in the chamber, please.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 7291, by Senator
Saland, an act to amend the Vehicle and
Traffic Law.
2318
SENATOR MARCELLINO: Move to the
accept the report of the Rules Committee, Mr.
President.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, at this time can we take up Senate
Print Number 7291.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
656, by Senator Saland, Senate Print 7291, an
act to amend the Vehicle and Traffic Law, in
relation to suspension of Class DJ or MJ
learner's permit.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
2319
Saland, an explanation has been requested by
Senator Paterson.
SENATOR SALAND: Thank you, Mr.
President.
Mr. President, my colleagues, we
may all recall not too long ago, a matter of
several weeks ago, when, in response to a
terrible tragic that occurred in my district
in the early morning hours of New Year's Day,
wherein a fatal car accident occurred and the
driver of that automobile was driving while
his ability was impaired, and some 18 days
earlier had similarly been charged, as a
result of that second incident, there was the
death of a young man, Sean French; a very
severe and disabling, in fact, paralyzing
outcome for another passenger; and a driver
and a fourth passenger escaped with little or
no injury.
The parents of young Sean French, a
17-year-old who was truly a model young man
within the ranks of his community -- he was an
athlete, a runner. He was a fine student, he
was bound for college, he was mourned, I
believe, by some 3500 people. His friends,
2320
classmates and people from all over came to
pay their respects to Sean.
His parents visited with me early
in January, wrought with emotion, anguishing
from the agony of the loss of their son -
certainly the worst kind of nightmare for any
parent to have a child predecease them under
any circumstances, but certainly under these
horribly wasteful circumstances -- they
approached me with the idea of what could we
do that somehow or other would help other
parents so that perhaps their children and
themselves might be spared the horrible agony
that befell the Frenches.
And they had some suggestions. One
of the suggestions was that if a junior
licensed or permitted driver was charged with
a DWAI, there should be some more rapid
response than under the existing law. And by
more rapid response, they wanted the ability
for an expedited hearing and the suspension of
the license of that young person.
Similarly, they felt it was
important that a parent be notified, parent or
parents or guardian be notified of the
2321
pendency of this kind of action, so the parent
would be apprised that in fact their child was
charged with driving while ability-impaired or
driving, for that matter, while intoxicated.
What we have incorporated in this
bill, which we are calling Sean's Law, and
which the Assembly will also be passing today,
is basically a provision for suspension of the
license of a junior licensed or permitted
driver for driving while ability-impaired or
DWI or common law DWI.
We have provided for an appearance
at the first regularly scheduled court
available time immediately after the arrest.
We have also provided for written notice to
the parents of such a young person, who would
be 16 or 17 years old.
The idea is not about being
punitive, the idea is really about being
protective. We know, unfortunately, that
disproportionately the numbers of accidents
involving young people very often prove to be
serious injuries or fatalities. We know far
too often the numbers of accidents involving
drinking and driving involve young people.
2322
And we would hope that through this
mechanism, in memory of Sean French, and as a
testimony to the advocacy of his parents, that
we would have crafted this mechanism to
basically be able to intervene, to be able to
deter those young people who would drink and
drive, and to be able to provide families with
the ability to be aware that something like
this has happened to one of their children.
That, Mr. President, is an
explanation of the bill. And if there are any
questions, I'll be very happy to take them.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Saland would yield for a question.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, I
would assume there's some difference in this
legislation from the one that we passed just a
2323
few weeks ago. There must be some further
consultation with the other houses. Can you
reflect on that with us?
SENATOR SALAND: Yes. The
principal difference, Senator Paterson, is
that the bill which we discussed last time and
which we passed also had provision for
suspension of a registration, in the very same
fashion in which there would be a suspension
of the license or permit. And I apologize for
not having mentioned that.
Upon dealing with the Department of
Motor Vehicles -- it was brought to my
attention by some folks involved in this
process, and upon dealing with the Department
of Motor Vehicle accident, we were told that
would be an extraordinarily difficult thing
for them to accomplish mechanically in the
type of time constraints that we were hoping
to be able to impose upon them.
So out of deference to the
realities of that process, we chose to omit
that particular provision. And I must tell
you, we shared that as well with Mr. and
Mrs. French, telling them that it did vary
2324
from the bill that we had originally proposed.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect in 90 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, we are going to have to stand at
ease for a while until we receive the bill
back from the printer that is to be brought up
on the calendar.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:37 p.m.)
(Whereupon, the Senate reconvened
at 4:32 p.m.)
ACTING PRESIDENT MEIER: Senator
Marcellino.
2325
SENATOR MARCELLINO: Thank you,
Mr. President. There will be an immediate
meeting of the Rules Committee in the Majority
Conference Room, 332.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
Senator Marcellino.
SENATOR MARCELLINO: Can we just
stand at ease and await the report of the
Rules Committee.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Rules Committee.
(Whereupon, the Senate stood at
ease at 4:33 p.m.)
(Whereupon, the Senate reconvened
at 4:42 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read.
2326
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 7300, by Senator
Skelos, an act to amend the State Law.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: Please take up
Calendar Number 657.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
2327
657, by Senator Skelos, Senate Print 7300, an
act to amend the State Law, in relation to the
descriptions of certain Assembly and Senate
districts.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
SENATOR DOLLINGER: Explanation.
SENATOR CONNOR: Explanation.
ACTING PRESIDENT MEIER: Senator
2328
Skelos, an explanation has been requested by
Senator Connor.
SENATOR SKELOS: Mr. President,
this is a chapter amendment to the
redistricting bill that we passed last week.
Basically, working closely with
Governor Pataki, there are certain changes
made in Williamsburg, Borough Park, and in
Manhattan and the Bronx.
The Williamsburg area, during the
debate on the main bill, I indicated that
Williamsburg had been combined back into
Senator Connor's district as it is presently.
He mentioned how we hadn't combined all of it.
So we did accomplish this in the chapter
amendment, by putting Williamsburg into
Senator Connor's district.
We also wish to point out that
Senator Connor made a request to have his old
S.D. number back, so we did accommodate him
with that.
Borough Park, there was concern
within the community that the original Senate
plan split Borough Park, depending on whose
interpretation it was, four times or five
2329
times. We've managed to consolidate that into
two districts.
And in the Manhattan Bronx area,
S.D. 31, which had a voting age Hispanic
population of 47.48, is now up to 53.25 -
again, working very closely with Governor
Pataki.
And there are also some changes in
Monroe County. At the request of Senator
Alesi, University of Rochester, I believe, is
put into his district, and the airport, which
is a minor population, balanced between
S.D. 56 and S.D. 55.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, just briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: Mr.
President, we spent the better part of a full
year, Senator Skelos and I and Assemblyman
Parment, Assemblyman Ortloff, and two
appointees, working on a task force to solicit
public opinion -- first about the general
2330
configuration of new districts for Congress,
the Senate, and the Assembly and then, in the
last two months, we spent the better part of
eight days in hearings on a specific proposal
for new Senate and Assembly lines.
We now learn today, in a bill
that -- yeah, it's still a little warm. It's
still got that little sense of being a print
on it, that power of just having been
printed -- we now find that there are
additional changes to the redistricting plan
that passed this house earlier.
It seems to me, Mr. President, and
I said at the time we did that bill that the
role of public input was important. We were
told it was important. But, quite frankly, we
now find that there have been amendments and
changes to the plan that have been apparently
approved or agreed to behind closed doors, as
Senator Skelos said, in discussions with the
Governor and the leadership in both houses.
Mr. President, I served on a panel
that was committed to public participation. I
said at the time we passed the first bill that
I didn't believe that the public process was
2331
fully accommodated. I stand here today with a
bill in my hands that no member of the public
has seen. I've only seen it myself in the
last 25 minutes.
I would suggest that these
last-minute changes, prepared and concocted in
a back room, suggest that the comments I made
earlier about the process as being tainted by
bad faith continues to exist.
Mr. President, I voted against the
last bill. I will vote against this one. I
think we promised the people of this state a
process, we promised them a role in the
process. We promised them that before we
changed their communities of interest, we
would seek their opinions.
Now, despite whatever intentions
the Governor or anyone else has, we now have a
bill before us that not only has the public
not had a chance to comment on, but frankly,
at least as a representative of the 300,000
people in what is now going to be the 56th
Senate district, they hadn't even seen.
I would suggest, Mr. President,
that the bad faith that tainted the process
2332
the last time around continues to infect it.
I will continue to vote no.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Just a comment
on Senator Dollinger's comments.
Obviously he likes to use the word
"bad faith," so that would indicate their
lawyers are talking to them about the type of
language that should be used for litigation.
However, if you recall the
discussion on the floor, discussion with
individuals that we've met, the public has had
input with the changes that have been made,
whether directly from the public or as members
of the Senate who represent the public.
Now, Senator Connor specifically
stood up and said when we put part of
Williamsburg into his district, he said, "You
know what, you should have gone all the way
and put the balance of Williamsburg in my
district." And as a representative of that
community and requests from that community, we
accomplished that and we accommodated that.
And I think that was the appropriate thing to
2333
do.
In the area of Borough Park, there
was concern that was raised on the floor. We
accommodated those needs I think in a very
appropriate way.
And as I've said so often,
redistricting is an evolving process. We had
a debate last week about it. We've made
changes. We worked with the Governor, which
is his -- the appropriate time was after
passage of the bill. We had discussions with
him. And I think the chapter amendment
continues to represent what the public has
wanted from us.
We've made more positive changes in
this, and I think it's a good amendment. To
say "bad faith, behind closed doors," you know
what, Senator Dollinger, that's a good sound
bite, and it sounds good to the press. But I
think it's perfectly legitimate, what we are
doing today, in accommodating the testimony of
many people, accommodating the requests of
many people, including Senators who represent
so many people here, such as Senator Connor.
ACTING PRESIDENT MEIER: Senator
2334
Connor.
SENATOR CONNOR: Thank you, Mr.
President.
I did mention on the floor a week
and a half ago that Williamsburg was split. I
think my actual remarks were "but I really
don't want to discuss that," because that
community takes care of itself and made its
own representations.
I did request a change in the
number, for the important reason that I'm
getting too old to learn a new district number
and repeat it faithfully.
But while this bill does contain
some improvements in a couple of areas over
the bill that originally passed, it still
suffers from the fact that the plan, as this
would amend it, will in fact devalue the vote
of voters in New York City, devalue the vote
of the voters in that city which contains a
large share of New York City's minority
population.
The fact, Mr. President, that at
62 seats, if one were to correct the 9.9
percent total deviation, which deviation
2335
militates against all of the seats in the
New York City/ Westchester/Rockland region of
apportionment, if you corrected that down to
about 4.5 percent, which this Senate
represented in the courts ten years ago was
the policy of this body -- and which the Court
of Appeals relied upon in sanctioning
deviations from requirements of the State
Constitution for the greater good of keeping
that deviation at 4.5 percent -- if you
rectify that, it results in not only an
additional seat, not only an additional seat
ending up in the New York City/ Westchester/
Rockland region, that additional seat in fact
would be another majority minority seat.
Furthermore, this plan does not
address the historic division of the minority
community in Nassau County and in Suffolk
County. And if you were to draw a compact
district, certainly in Nassau County, you
would get another majority minority seat.
So while this contains
improvements, it does not address the
overriding issues that led me to oppose the
initial plan. And therefore I intend to vote
2336
no, and I urge my colleagues to vote no.
ACTING PRESIDENT MEIER: Does any
other Senator wish to be heard on the bill?
The debate is closed.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately on the same
date as a chapter of the Laws of 2002.
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR CONNOR: Slow roll call.
ACTING PRESIDENT MEIER: More
than five Senators have arisen.
The Secretary will call the roll
slowly.
THE SECRETARY: Senator Alesi.
SENATOR ALESI: Yes.
THE SECRETARY: Senator Andrews.
(No response.)
THE SECRETARY: Senator Balboni.
SENATOR BALBONI: Aye.
THE SECRETARY: Senator Bonacic.
SENATOR BONACIC: Yes.
THE SECRETARY: Senator Breslin.
SENATOR BRESLIN: No.
2337
THE SECRETARY: Senator Brown.
SENATOR BROWN: No.
THE SECRETARY: Senator Bruno.
(Senator Bruno was indicated as
voting in the affirmative.)
THE SECRETARY: Senator Connor.
SENATOR CONNOR: No.
THE SECRETARY: Senator
DeFrancisco.
(No response.)
THE SECRETARY: Senator
Dollinger.
SENATOR DOLLINGER: No.
THE SECRETARY: Senator Duane,
excused.
Senator Espada.
(No response.)
THE SECRETARY: Senator Farley.
SENATOR FARLEY: Aye.
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: Aye.
THE SECRETARY: Senator Gentile.
SENATOR GENTILE: No.
THE SECRETARY: Senator Gonzalez.
2338
SENATOR GONZALEZ: Yes.
THE SECRETARY: Senator Hannon.
SENATOR HANNON: Yes.
THE SECRETARY: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: No.
THE SECRETARY: Senator Hevesi.
SENATOR HEVESI: No.
THE SECRETARY: Senator Hoffmann.
SENATOR HOFFMANN: Aye.
THE SECRETARY: Senator Johnson.
SENATOR JOHNSON: Yes.
THE SECRETARY: Senator L.
Krueger.
SENATOR LIZ KRUEGER: No.
THE SECRETARY: Senator C.
Kruger.
SENATOR CARL KRUGER: Yes.
THE SECRETARY: Senator Kuhl.
SENATOR KUHL: Aye.
THE SECRETARY: Senator Lachman.
SENATOR LACHMAN: Yes.
THE SECRETARY: Senator Lack.
SENATOR LACK: Aye.
THE SECRETARY: Senator Larkin.
2339
SENATOR LARKIN: Aye.
THE SECRETARY: Senator LaValle.
(No response.)
THE SECRETARY: Senator Leibell.
SENATOR LEIBELL: Aye.
THE SECRETARY: Senator Libous.
(No response.)
THE SECRETARY: Senator Maltese.
(No response.)
THE SECRETARY: Senator
Marcellino.
SENATOR MARCELLINO: Aye.
THE SECRETARY: Senator Marchi.
(No response.)
THE SECRETARY: Senator Maziarz.
SENATOR MAZIARZ: Yes.
THE SECRETARY: Senator McGee.
SENATOR McGEE: Yes.
THE SECRETARY: Senator Meier.
SENATOR MEIER: Yes.
THE SECRETARY: Senator Mendez.
SENATOR MENDEZ: Yes.
THE SECRETARY: Senator
Montgomery.
SENATOR MONTGOMERY: No.
2340
THE SECRETARY: Senator Morahan.
(No response.)
THE SECRETARY: Senator Nozzolio.
SENATOR NOZZOLIO: Aye.
THE SECRETARY: Senator Onorato.
SENATOR ONORATO: No.
THE SECRETARY: Senator
Oppenheimer.
SENATOR OPPENHEIMER: No.
THE SECRETARY: Senator Padavan.
SENATOR PADAVAN: Yes.
THE SECRETARY: Senator Paterson.
SENATOR PATERSON: No.
THE SECRETARY: Senator Rath.
SENATOR RATH: Aye.
THE SECRETARY: Senator Saland.
SENATOR SALAND: Aye.
THE SECRETARY: Senator Sampson,
excused.
Senator Santiago.
SENATOR SANTIAGO: No.
THE SECRETARY: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: No.
THE SECRETARY: Senator Seward.
2341
SENATOR SEWARD: Aye.
THE SECRETARY: Senator Skelos.
SENATOR SKELOS: Yes.
THE SECRETARY: Senator A. Smith.
SENATOR ADA SMITH: No.
THE SECRETARY: Senator M. Smith.
SENATOR MALCOLM SMITH: Yes.
THE SECRETARY: Senator Spano.
(No response.)
THE SECRETARY: Senator
Stachowski.
SENATOR STACHOWSKI: No.
THE SECRETARY: Senator Stafford,
excused.
Senator Stavisky.
SENATOR STAVISKY: No.
THE SECRETARY: Senator Trunzo.
SENATOR TRUNZO: Yes.
THE SECRETARY: Senator Velella.
(No response.)
THE SECRETARY: Senator Volker.
SENATOR VOLKER: Yes.
THE SECRETARY: Senator Wright.
SENATOR WRIGHT: Aye.
ACTING PRESIDENT MEIER: Senator
2342
Skelos.
SENATOR SKELOS: Are the bells
ringing?
ACTING PRESIDENT MEIER: Yes,
they are, Senator.
SENATOR SKELOS: Please call the
absentees.
ACTING PRESIDENT MEIER: The
Secretary will call the absentees.
THE SECRETARY: Senator Andrews.
SENATOR ANDREWS: No.
THE SECRETARY: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes.
THE SECRETARY: Senator Espada.
SENATOR ESPADA: Yes.
THE SECRETARY: Senator LaValle.
SENATOR LAVALLE: Aye.
THE SECRETARY: Senator Libous.
SENATOR LIBOUS: Yes.
THE SECRETARY: Senator Maltese.
SENATOR MALTESE: Aye.
THE SECRETARY: Senator Marchi.
SENATOR MARCHI: Aye.
THE SECRETARY: Senator Morahan.
2343
SENATOR MORAHAN: Yes.
THE SECRETARY: Senator Spano.
SENATOR SPANO: Aye.
THE SECRETARY: Senator Velella.
SENATOR VELELLA: Yes.
ACTING PRESIDENT MEIER: The
Secretary will announce the results.
THE SECRETARY: Ayes, 40. Nays,
18.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes,
there is, Senator.
Can we have some order in the
chamber.
Senator Libous.
SENATOR LIBOUS: Thank you, Mr.
President. I'd like to call up my bill,
Calendar Number 502, Assembly Print Number
1914A.
ACTING PRESIDENT MEIER: The
Secretary will read.
2344
THE SECRETARY: Calendar Number
502, by Member of the Assembly Colman,
Assembly Print Number 1914A, an act to amend
the Mental Hygiene Law.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: Thank you, Mr.
President. I now move reconsider the vote by
which this Assembly Bill was substituted for
my bill, Senate Print 5511, on 4/22.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: Mr. President, I
now move that Assembly Bill Number 1914A be
recommitted to the Committee on Mental Health
and that my Senate bill be restored to the
order of Third Reading Calendar.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR LIBOUS: Mr. President, I
now offer up the following amendments.
2345
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there being no further business, I move -- oh,
I'm sorry, would you please recognize Senator
Paterson.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
there will be a brief conference of the
Minority in the Minority Conference Room,
Room 314, directly following session, right
now.
Thank you, Mr. President. Thank
you, Senator Skelos.
ACTING PRESIDENT MEIER: Meeting
of the Minority Conference immediately
following session.
Senator Skelos.
SENATOR SKELOS: There being no
further business, I move we adjourn until
Tuesday, April 23rd, at 3:00 p.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
2346
Tuesday, April 23rd, at 3:00 p.m.
(Whereupon, at 5:09 p.m., the
Senate adjourned.)