Regular Session - March 31, 2003
1468
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 31, 2003
3:25 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
1469
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 this
afternoon to give the invocation is Rabbi
Butman, from the Lubavitch Youth Organization
in Brooklyn, New York.
RABBI BUTMAN: Thank you very
much.
Our heavenly Father, please bestow
Your blessings on the great men and women of
this great New York State Senate. Bless them
in everything they need materially,
spiritually, in their private endeavors as
well as in their community endeavors.
We are here today because we
celebrate the 101st birthday of the Lubavitch
Rebbe, Rabbi Menachim M. Schneerson, who cares
about the education of all children. And this
is why we proclaim 101 days of education,
1470
education of all children.
And the Rebbe always made sure to
stress that he's not only speaking about the
education of the Jewish child, he's speaking
about the education of the American child, of
the European child, of the Middle Eastern
child, of all the children in the world. So
that the children should grow up to know that
there is an eye that sees and an ear that
hears, and that the world is not a jungle.
And this is why the education of all children
of the world is so important.
These days are special days, are
difficult days for everyone throughout the
world. And we recall, friends, that the war
in 1991 was over on Purim. It was then
February 28, 1991.
Two days after that, on the
Sabbath, the Rebbe had a public gathering, a
farbrengen, in 770 Eastern Parkway. And at
that farbrengen, the Rebbe said that he wishes
the men and the women who are doing battle in
Iraq great success, and that they should
return home safely. And everyone wondered:
the war is over two days ago, and the Rebbe
1471
is wishing them great success.
Now we understand. The Rebbe
wanted to make sure that if it ever starts
again, his blessings are there for the men and
the women who are defending freedom throughout
the world. They should come home safely and
securely to their families.
And our prayers are with them, and
with their families. And with their families
as strongly as with them: can we imagine how
a mother feels when her child is on the
battlefield. And hope that they will be home
safely and securely. And it's the same war,
friends, throughout the world.
And we hope also that in Israel
there will be peace and that the world will
recognize that peace has to come with justice.
And that we cannot ask just to give away
territories and make friends with an enemy,
with an eternal enemy.
I also remember that in 1991 I had
to open a chamber, a smaller chamber than this
one, the United States Senate in Washington.
And before I went there in 1991, I went over
to the Rebbe, and the Rebbe said to me, "Take
1472
with you a pushkeh." This is a pushkeh. It's
a docket box. "And while you're doing the
invocation, you should put in a dollar bill
where it says "In God We Trust" in the
pushkeh, and everybody should see that and
they should know that charity begins at home
and that what money should be used for."
So I want to do what the Rebbe told
me and give this offering, this dollar in the
pushkeh. And if -- I know that you're all
concerned about the budget. But if you want
to offer a dollar for a good cause, that would
be a wonderful thing to do for you and your
families.
And I want you to know, ladies and
gentlemen, that every Saturday in our
synagogues we offer a prayer for you. And we
say that Almighty God should help all those
who serve the public faithfully, as you do.
And we are asking Almighty God to bestow His
blessings on you, on your families, for a lot
of hatslokhe, which means a lot of success, in
all your endeavors, in your private endeavors
as well as in your community endeavors.
And let us say amen.
1473
THE PRESIDENT: Thank you, Rabbi.
Reading of the Journal.
THE SECRETARY: In Senate,
Sunday, March 30, the Senate met pursuant to
adjournment. The Journal of Saturday,
March 29, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Marchi, do you wish to be
heard?
SENATOR MARCHI: We have had a
wonderful tradition with Rabbi Butman coming
here and giving us his message.
THE PRESIDENT: Senator Marchi,
you have the floor. You may proceed.
1474
SENATOR MARCHI: Thank you, Madam
President.
Now, it's very important that his
presence here -- I was discussing that with
Senator Lachman -- his presence here is a
moving impression that you make on us, sir.
And we rejoice in the fact that you are here
and remind us, I had the pleasure, as you
remember, of talking and discussing with Rabbi
Schneerson. And he was a majestic figure who
had a string of degrees and academic
excellence that impressed us all.
But most important, the importance
of recognizing the value of each and every
individual, a message that you have carried,
and the Lubavitcher, in a worldwide
organization touching people in all of the
planets of this earth.
This is very, very energizing and
wonderful. And you have done this, sir, with
learning, Schneerson, we -- going back to
Maimonides and giving us a total expression in
the moral law which impressed also
scholasticism. And also in -- not the -- not
even the -- but beyond the Christian system,
1475
creating a fund of experiences and learning,
and that flickering flame burning all over the
globe.
And this is what his presence
symbolizes here in fact. In fact.
So we are heartened by your
presence, sir, and by what you signify and
denote. And I know you'll be doing that in
the other house of the Legislature, and we
rejoice in this.
It's a wonderful reminder, it's a
spiritual reminder which moved people far
beyond ripples that we felt in scholasticism
and other disciplines of learning, that has
been aided and abetted and promoted and
embraced by people all over the planet. You
exemplify that. And we're so pleased that
you're here with us.
And believe me, we have an
admiration for what you exemplify and what the
whole movement exemplifies, and hope that we
give it speed and encouragement.
RABBI BUTMAN: Thank you very
much.
THE PRESIDENT: Senator Lachman.
1476
SENATOR LACHMAN: Yes, it
exemplifies what the Lubavitcher Rebbe, of
blessed memory, did during his lifetime, when
you have an American Jew like Senator Marchi
and an American Catholic like Senator
Lachman --
(Laughter.)
SENATOR LACHMAN: -- both
standing up, praising the work and praising
the goals of the Lubavitcher movement.
Wherever you go today in the
world -- not necessarily Crown Heights,
Senator Andrews, but Brooklyn and Staten
Island, and beyond that -- Sao Paulo, Brazil,
Honolulu, Hawaii, Boca Raton, Florida -- there
is a large and growing Lubavitcher presence.
And their major impact, as Senator
Marchi alluded to, is among young people, is
in education, is in universities, in providing
young people with the cultural needs and
religious needs that are required and which
they desperately need.
I remember -- I'm going to close
with this -- I did a study a number of years
ago for the American Jewish Committee which
1477
took me to five Latin American countries. And
when I was in Sao Paulo, Brazil, I spoke to
the principal of the school. And obviously he
came from Brooklyn, from Crown Heights. And I
said, "What brought you to Sao Paulo, Brazil?"
And he pointed to a picture on the wall of the
late Lubavitcher Rebbe, and he said: "He
brought me to Sao Paulo, Brazil, by telling me
to come."
At the same time, a friend of mine,
who was born in Sao Paulo, Brazil, was living
and working in Brooklyn. And he said the same
thing. They just crossed paths, crossed
nations, crossed continents to do the work of
the Lubavitcher Rebbe and the Lubavitcher
movement.
And they have done outstanding work
in American universities and American colleges
and in education. And may this continue for
many more years.
And thank you, Rabbi Butman, for
coming here and delivering the invocation.
RABBI BUTMAN: Thank you very
much.
ACTING PRESIDENT ROBACH: Senator
1478
Andrews.
SENATOR ANDREWS: Yes, I'd just
like to rise and echo the same sentiments as
my colleagues, Senator Marchi and Senator
Lachman.
The Lubavitch Youth movement
happens to be located in my senatorial
district, even though Senator Lachman talked
about their worldwide influence.
And I just wanted to once again
thank the rabbi, Rabbi Butman, for his
kindness to come up here and share his day
with us.
Thank you.
RABBI BUTMAN: Thank you very
much.
ACTING PRESIDENT ROBACH: Thank
you, Senator Andrews.
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.
1479
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
On behalf of Senator Maltese, on
page 17 I offer the following amendments to
Calendar Number 206, Senate Print 95, and I
ask that that bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT ROBACH: The
amendments are received, and the bill will
retain its place on the calendar.
SENATOR FARLEY: On behalf of
Senator LaValle, Mr. President, on page 14 I
offer the following amendments to Calendar
151, Senate Print 924A, and I ask that that
bill retain its place.
ACTING PRESIDENT ROBACH: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT ROBACH: No,
1480
there are not.
SENATOR SKELOS: If we could go
to resolutions, there's a privileged
resolution, 995, by Senator DeFrancisco. I
ask that it be read in its entirety and move
for its immediate adoption.
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
995, recognizing the White Ribbon Campaign,
sponsored by Vera House of Syracuse, New York,
to take place the week of March 28, 2003,
through April 6, 2003.
"WHEREAS, Vera House, Incorporated,
of New York, a Central New York agency that is
dedicated to ending domestic violence, will
launch its Ninth Annual White Ribbon Campaign
on March 28, 2003, which will end on April 6,
2003; and
"WHEREAS, The White Ribbon Campaign
is led by concerned men who encourage and
invite all members of the community -- men and
women, young and old -- to pin on a ribbon and
join them in raising awareness and funds to
1481
end domestic violence; this male leadership
helps to acknowledge the important
contributions men have made to this effort and
invites others to take a role; and
"WHEREAS, Wearing a white ribbon is
a way of challenging attitudes by educating
the public about the tragic statistics tied to
domestic violence and the community services
available to victims of abuse and their
families, while conveying a personal message
that he or she recognizes that domestic
violence is a very serious problem requiring
society's immediate attention, and that its
occurrence will not be tolerated; and
"WHEREAS, According to the FBI,
battering is the leading cause of injury to
women in the United States -- higher than auto
accidents, muggings, and rapes combined. It
is estimated that 4 million American women are
battered each year, and that nationally, 25 to
30 percent of female homicide victims were
killed by their intimate male partners; and
"WHEREAS, Crime statistics show
that 95 percent of the victims of domestic
violence are women, but it is important to
1482
recognize that men and individuals in same-sex
relationships are also abused; 87 percent of
battered women report that their children
witness the abuse; and
"WHEREAS, Vera House, in addition
to providing emergency shelter services,
domestic violence education, outreach
services, and Syracuse Area Domestic Violence
Coalition, strongly believes that the general
public must become informed of the tragic
statistics tied to domestic violence and
become actively involved in its elimination;
and
"WHEREAS, In Syracuse, the funds
raised by the White Ribbon Campaign support
the work of Alternatives to Domestic Violence,
a Vera House program which works with men and
adolescents who have been abusive in their
personal relationships; and
"WHEREAS, Through its White Ribbon
Campaign of distribution of ribbons to
thousands of businesses, religious and
community organizations, and individuals at a
variety of events, Vera House hopes to enlist
the help of the community to put forth the
1483
message that domestic violence will not be
tolerated; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to join with
the staff and volunteers of Vera House as they
launch this year's White Ribbon Campaign, on
March 28, 2003, which will continue through
April 6, 2003, giving this Legislative Body's
full endorsement to their commitment to
preserving families and eliminating domestic
abuse; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Randi Bregman, Executive Director of Vera
House, Incorporated."
ACTING PRESIDENT ROBACH: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I rise in
support of this resolution and welcome Randi
Bregman and Jerome Hall. Jerome is involved
with coordinating the alternatives program
that was referred to in this resolution.
It's the ninth year. It doesn't
seem possible that many years have gone by. I
think the Senators have gotten forgetful more
1484
over the years, because usually more have the
ribbon on today. But they all have received
one, and they have sworn that they will wear
it the rest of the week, as you'll see when we
walk around the Capitol here.
But we very much want to thank you
for what you do at Vera House and thank all
organizations who work to prevent abuse of
this fashion.
The statistic that was mentioned
here is just absolutely remarkable. Leading
cause of injury to women in the United States,
higher than auto accidents, muggings, and
rapes combined. Absolutely unbelievable. And
87 percent of the batterings are observed by
children. If that doesn't give some
explanation why there's a cyclical nature to
domestic violence, I don't know what other
statistic could possibly do that.
So thank you for the work you've
done. And hopefully this message will go
across the state when our Senators wear white
ribbons in their jurisdictions as well.
Thank you.
ACTING PRESIDENT ROBACH: Thank
1485
you, Senator DeFrancisco.
The question is on the resolution.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT ROBACH:
Opposed, nay.
(No response.)
ACTING PRESIDENT ROBACH: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe Senator DeFrancisco would like to
offer the resolution to sponsorship by the
entire house. If anybody wishes not to
sponsor it, they should notify the desk.
Mr. President, there will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
ACTING PRESIDENT ROBACH: The
resolution is open for cosponsorship. If you
do not wish to be a cosponsor, please notify
the desk.
Immediate meeting of the Rules
Committee in the Majority Conference Room.
Senator Skelos.
1486
SENATOR SKELOS: Mr. President,
there are two privileged resolutions at the
desk by Senator Nozzolio. I ask that each be
read and move for their immediate adoption.
And if you would recognize Senator Nozzolio at
the appropriate time.
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: By Senator
Nozzolio, Legislative Resolution Number 985,
congratulating the South Seneca High School
Girls Basketball Team and Coach Everett
Babcock upon the occasion of capturing the
New York State Class C Championship.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play, and
team spirit, nurtured by dedicated coaching
and strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success and
1487
developing a sense of fair play and
competition; and
"WHEREAS, The South Seneca High
School Girls Basketball Team are the New York
State Class C Champions; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach Everett Babcock, a
skilled and inspirational tutor respected for
his ability to develop potential into
excellence; and
"WHEREAS, The team's overall record
is outstanding, and the team members were
loyally and enthusiastically supported by
family, fans, friends and the community at
large; and
"WHEREAS, The hallmarks of the
South Seneca High School Girls Basketball
Team, from the opening game of the season to
participation in the Class C championship game
at Hudson Valley Community College, were a
sisterhood of athletic ability, of good
sportsmanship, of honor and of scholarship,
demonstrating that these team players are
second to none; and
1488
"WHEREAS, Athletically and
academically, the team members have proven
themselves to be an unbeatable combination of
talents, reflecting favorably on their school;
and
"WHEREAS, Coach Everett Babcock has
done a superb job in guiding, molding and
inspiring the team members toward their goals;
and
"WHEREAS, Sports competition
instills the values of teamwork, pride and
accomplishment, and Coach Everett Babcock and
his outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition of their school; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the South Seneca High School
Girls Basketball team, its members -- Karina
Pinargote, Alison LaPoint, Cassie Dresser,
Dionne Zona, Phoebe Van Vleet, Keli Stewart,
Dainia Jabaji, Katie Guererri, Scairrah
Warters, Jen Voorheis, Erin Farney, Kathy
Chase, Abby Brewer, Kailyn Gable, Vanessa
1489
Twarkins, Shannon DeSlover, Sam Gable, Tracy
Vangalio -- and Coach Everett Babcock on their
outstanding season and overall team record;
and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the South Seneca High School Girls
Basketball Team and to Coach Everett Babcock."
ACTING PRESIDENT ROBACH:
Resolution 986, by Senator Nozzolio. The
Secretary will read.
THE SECRETARY: By Senator
Nozzolio, Legislative Resolution Number 986,
congratulating South Seneca High School Girls
Basketball Coach Everett Babcock upon the
occasion of being named the 2003 All-Greater
Rochester Girls Basketball Coach of the Year
by the Rochester Democrat and Chronicle.
"WHEREAS, It is the sense of this
Legislative Body to act, in accord with its
longstanding traditions, to commend notable
athletic coaches who serve the youth of this
great Empire State and who have distinguished
themselves and their schools through
outstanding commitment and exemplary athletic
1490
achievement; and
"WHEREAS, Attendant to such
concern, this Legislative Body is justly proud
to congratulate South Seneca High School Girls
Basketball Coach Everett Babcock upon the
occasion of being named the 2003 All-Greater
Rochester Girls Basketball Coach of the Year
by the Rochester Democrat and Chronicle; and.
"WHEREAS, Everett Babcock, a 1982
graduate of South Seneca High School, guided
the South Seneca High School Girls Basketball
Team to a 26-2 record and won the Class C
Championship at Hudson Valley Community
College after reaching the semifinals last
year; and
"WHEREAS, In his sixth season,
Everett Babcock has built the Falcons into a
Finger Lakes West powerhouse, going unbeaten
in league play the last two seasons and
winning the last three league titles; and
"WHEREAS, Everett Babcock has an
exemplary career record of 122-28 and has been
named League Coach of the Year three times and
Section V Coach of the Year four times; and
"WHEREAS, Everett Babcock's
1491
positive demeanor, selfless commitment, and
caring concern have contributed to his
enduring success as a coach and mentor,
earning him the just respect and admiration of
his community, his peers, and the athletes he
has so ably coached; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate South Seneca High School Girls
Basketball Coach Everett Babcock upon the
occasion of being named the 2003 All-Greater
Rochester Girls Basketball Coach of the Year
by the Rochester Democrat and Chronicle; and
be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Everett Babcock, South Seneca High School
Girls Basketball Coach."
ACTING PRESIDENT ROBACH: Senator
Nozzolio, on the resolutions.
SENATOR NOZZOLIO: Thank you, Mr.
President.
Mr. President and my colleagues,
it's with great pride that I stand before this
body today to congratulate a wonderful group
1492
of individuals from the district that I serve
and from my home county of Seneca.
The South Seneca Lady Falcons have
distinguished themselves time and again on the
basketball court. But frankly, Mr. President
and my colleagues, their most distinguishing
quality is that they have served their
community so well. They are the pride of
their community. And the young women who are
seated in the gallery today that have come to
Albany to receive this honor are ones that we
are extremely proud of.
The young women represented on the
South Seneca Lady Falcons are great athletes.
They have distinguished themselves time and
again on the basketball court. But why so
many of the community have come with them
today is because the community is just so
proud of their accomplishments and, greater
still, are proud of who they are and what they
represent.
The coaching staff of Everett
Babcock is mentioned in the resolution, one
who has just had such an outstanding record of
championship teams time and again in Section V
1493
and now with the state championship. Coach
Babcock has been a dedicated coach, one who
has been involved with young people in the
community and has served as such a great asset
to the community on behalf of teaching,
coaching, and educating our young people.
Christa Butterer, assistant coach;
her twin sister, Beth Butterer, trainer; Steve
Crane, as JV coach; Doug Clark, in charge of
statistics, are also here today. Janie
Nusser, superintendent of schools of South
Seneca, took time to be here with us, as did
board member Brenda Eastman and Fred Yaple,
athletic director.
Also here is the chairman of the
Seneca County Board of Supervisors, Bob
Favreau, who represents a portion of the
school district as the supervisor from Ovid.
All beaming with pride at this
great accomplishment of a small school in a
small part of a small county doing great
things and having reached far beyond the
borders of their community.
Outstanding young people. As the
Rabbi mentioned in the prayer today, the
1494
future of this state is in the hands of our
young people. And we very much need to create
an environment that's conducive for their
growth and development. And that's what's
happened.
My only hope is that the young
women who are honored here today will come
back to New York after receiving their
educations, come back to Seneca County and
grow a family and live and work there, because
they are certainly the best and the brightest
of our community.
Thank you, Mr. President.
Congratulations to Coach Babcock and the Lady
Falcons for a job very well done.
ACTING PRESIDENT ROBACH: Thank
you, Senator Nozzolio.
The question is on the resolutions.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT ROBACH:
Opposed, say nay.
(No response.)
ACTING PRESIDENT ROBACH: The
resolutions are adopted.
1495
Senator Kuhl.
SENATOR KUHL: I understand
there's a privileged resolution at the desk by
Senator Paterson. I'd ask that it be read in
its entirety and then move for its adoption.
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: By Senator
Paterson, Legislative Resolution Number 1009,
mourning the death of the Honorable Daniel
Patrick Moynihan, former United States Senator
from New York.
"WHEREAS, It is with profound
sorrow and deepest regret that this
Legislative Body, representing the people of
the State of New York, is moved to mourn the
death of a man of great distinction and
extraordinary accomplishment; and
"WHEREAS, The purposeful life of
Daniel Patrick Moynihan, an eminent scholar
and tireless public servant, will forever be
an inspiration to others for his
statesmanship, passion, and integrity, as well
as his independent and iconoclastic nature;
and
1496
"WHEREAS, For more than 40 years,
in and out of government, Daniel Patrick
Moynihan was known for being among the first
to identify new problems and propose novel and
challenging solutions; and
"WHEREAS, One of the most
accomplished public officials in the United
States, a man of ideas, Daniel Patrick
Moynihan passed away on Wednesday, March 26,
2003, at the age of 76; and
"WHEREAS, born in Tulsa, Oklahoma,
on March 16, 1927, he moved with his family to
New York later that year, and spent many of
his formative years in a fatherless household
in the New York City neighborhood known as
'Hell's Kitchen'; and
"WHEREAS, In 1943, he graduated
first in his class at Benjamin Franklin High
School in East Harlem; he also learned the
value of hard work, shining shoes in Times
Square and working as a stevedore at Piers 48
and 49 on West 11th Street; and
"WHEREAS, Daniel Patrick Moynihan
attended City College for a year, enlisted in
the United States Navy, and was trained as an
1497
officer at Middlebury College and at Tufts
University. He earned his Bachelor of Arts
degree from Tufts in 1948, and a Master of
Arts degree at the Fletcher School of Law and
Diplomacy at Tufts in 1949; and
"WHEREAS, In 1950, he attended the
London School of Economics on a Fulbright
Scholarship; and
"WHEREAS, In 1953, he returned to
New York and went to work on the mayoral
campaign of Robert F. Wagner and went on to
write speeches for W. Averell Harriman's
successful gubernatorial campaign; he then
joined the Harriman administration in Albany
and rose to become the Governor's chief aide;
and
"WHEREAS, In 1954, Daniel Patrick
Moynihan met the former Elizabeth Brennan;
they married in May 1955, and she often
remarked that she married him because he was
the funniest man she ever met; and
"WHEREAS, After completing his
Ph.D. degree in international relations in
1961 at Syracuse University, he left New York
for Washington, D.C., where he would serve at
1498
the highest levels under four successive
Presidents from both major political parties;
and
"WHEREAS, No one believed more than
Daniel Patrick Moynihan in the power of
restoration -- restoration of our cities as
economic and cultural centers, restoration of
our historic buildings as public places of
pride, restoration of the family when given
the proper tools to mend decades of despair,
and restoration of our government to better
serve its people; and
"WHEREAS, Daniel Patrick Moynihan
restored our sense of hope with his ability to
look at an abandoned building, a neglected
neighborhood, or an empty school and see not
only what it could become but how to make it
so; and
"WHEREAS, In 1975, he was appointed
by President Gerald Ford to serve as United
States Ambassador to the United Nations,
representing the United States to the world,
until his resignation in February 1976; and
"WHEREAS, In 1976, Daniel Patrick
Moynihan was first elected to represent
1499
New York State in the United States Senate, a
body in which he would serve from 1977 until
his retirement in 2001, with one eye on the
state's immediate needs and the other on the
most profound social policy dilemmas facing
our nation, spurring debate about the nation's
pressing social problems; and
"WHEREAS, His 24-year career in the
Senate was marked not by legislative
milestones but by ideas. He rose to become
chair of the Senate Finance Committee in 1993,
later serving as its ranking minority member;
and
"WHEREAS, Daniel Patrick Moynihan
often spent the Senate's August recesses in an
1854 schoolhouse on his farm in Pindars
Corners in Delaware County, where he wrote
books on domestic and foreign affairs, nine as
a senator, 18 in all; and
"WHEREAS, Daniel Patrick Moynihan
looked at the nation's historic places, from
Pennsylvania Avenue in Washington to Penn
Station in New York, and saw that saving these
great relics of the past held meaning and
purpose for our future; and
1500
"WHEREAS, An extremely thoughtful,
patriotic American who served his country with
pride, care and concern, Daniel Patrick
Moynihan was a man of remarkable intellect and
independence; and
"WHEREAS, Daniel Patrick Moynihan
is survived by his wife, Elizabeth Brennan
Moynihan, their three children -- Timothy,
Maura, and John -- and two grandchildren, now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to pay tribute
to the memory of Daniel Patrick Moynihan,
memorializing his life and accomplishments for
the edification and emulation of all; and be
it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the family of Daniel Patrick Moynihan with
the deepest condolences of this Legislative
Body on behalf of the people of the State of
New York."
ACTING PRESIDENT ROBACH: Senator
Schneiderman, on the resolution.
SENATOR SCHNEIDERMAN: Thank you,
1501
Mr. President.
Very briefly, I think many people
in this body knew Senator Moynihan, worked
with him. Native of the West Side of
Manhattan, a few blocks south of my own
neighborhood. Had an extraordinary career for
many decades, working with Democrats and with
Republicans on as broad an array of issues as
is humanly possible.
As we reflect on his legacy today,
I would urge all of our colleagues that while
he's better known for his work on issues of
social welfare and his issues relating to
domestic policy, he had a substantial --
substantial and very, very powerful body of
work relating to the United States' conduct
with regard to international law.
And as we now face a conflict
overseas that is extending far longer than any
of us would like, with uncertainty surrounding
the postwar scenario, I would urge that we
reflect on Senator Moynihan's work. He wrote
extensively about this.
And reading from one book he wrote,
called "On the Law of Nations," he spoke about
1502
the strength of the United States as being not
dependent just on our military, although he
was a supporter of a strong military, but the
American legacy, he stated, of international
legal norms of state behavior is a legacy not
to be frittered away.
He was an internationalist; he was
a believer in the rule of law. And I think
that his advice is sorely missed in these
trying times.
He also was an extraordinarily
acute critic of budgets. He set up a program
that continues to this day of analyzing, every
year, the degree to which New York State
failed to receive its fair share from
Washington. And I believe is credited with
having uttered the longest word ever spoken on
the Senate floor -- a word that we would do
well to bear in mind today --
"floccinaucinihilipilification," which means
the futility of projected budgets. Because,
in Senator Moynihan's words, we pretend
they're worth something, and they're always
worthless.
So let's remember Senator Moynihan
1503
for his wit, his humor, his insight, his
strength of judgment on international issues.
And I think it's very appropriate that we
pause for a moment to honor his passing today.
Thank you, Mr. President.
ACTING PRESIDENT ROBACH: Senator
Breslin.
SENATOR BRESLIN: Thank you, Mr.
President. I join Senator Schneiderman in
recognizing the contributions of Senator
Moynihan.
I can recall as a youngster sitting
at the dinner table and having my father talk
about this young person in the Harriman
administration who he worked with whose name
was Daniel Patrick Moynihan.
And his service to our country has
spanned more than fifty years. And as Senator
Schneiderman aptly pointed out, it wasn't just
in social justice, but it was on global issues
as well. And he's left a rich and deep legacy
that we shall all remember for many, many
years to come.
Thank you, Mr. President.
ACTING PRESIDENT ROBACH: Thank
1504
you, Senator Breslin.
Senator Marchi.
SENATOR MARCHI: Mr. President, I
certainly was saddened by the passing of
Daniel Patrick Moynihan. This is a great,
great individual. I knew him well. We had a
very deep and abiding friendship.
And I remember one special day, I
was then -- had come on as chairman of the
Finance Committee. He called me up, and he
said, "I'll call you next week if you can come
down to Washington." And I said sure, I'd be
delighted to make it.
So he called me the following week,
he said, "I'm up at Harvard, I'm finishing a
discourse, but I will be in Washington at
about 1 o'clock," he said, "if you can arrange
to meet me in my office." And I had met with
him many times before and after. I did
proceed, and I joined him.
I -- again, I was so heartened by
his welcome and his pledge of rendering any
assistance that we could, because New York
City was undergoing a severe and terrible
trauma.
1505
And Daniel Patrick Moynihan had a
heart that was tremendous. He had a vision
that impressed us all. He was not just
someone who was elected to public office and
established a great record; he was an
institutional force. I don't think -- just
some time has passed, but we don't come to
appreciate the value of this man.
And I remember he united the entire
state delegation, Republicans and Democrats.
I remember Charlie Rangel was there, and there
were all kinds of people present. And he made
a very eloquent plea for rendering all the
assistance that New York needed when it was
undergoing its period of trauma.
A great, great individual. A good
friend of Jerry Ford, and we used to talk
about him occasionally when we were meeting
somewhere or had an occasion to exchange some
remarks.
And I'm so saddened by the fact
that he's not with us. But on the other hand,
he has left a rich, rich heritage to all of
us. This is a man who served his country with
conscience, with a spiritual understanding of
1506
life. And those of us who enjoyed that
friendship are saddened by his passing. But
we know that up there he's watching and
inspiring us to go out and do better when
circumstances repeat themselves.
ACTING PRESIDENT ROBACH: Thank
you.
Senator Volker.
SENATOR VOLKER: Mr. President,
very quickly.
I can't say as if I was a very
close friend of Daniel Patrick Moynihan's, but
I was a friend of his. He was one of the
characters that come across the political
scene sometimes once in a century who would at
one point be considered very conservative and
at another point be considered very liberal.
In fact, if you look at the press
that is praising him, it's very interesting to
see some of the most liberal reporters and
some of the most conservative praising Daniel
Patrick Moynihan, who I think was one of the
true figures. And I agree, certainly, with
Senator Marchi.
One of his close associates was Tim
1507
Russert, who of course people forget is from
South Buffalo, came up here with Vince Graber
on staff. And I knew Tim quite well. In
fact, at the time he would call me on Moynihan
problems, as he sometimes called them.
In fact, it was Tim that helped
Moynihan immensely in his last term to make
sure that he got reelected again. Because
sometimes Senator Moynihan wandered in his
thinking. He'd get so wrapped up in
legislation and public policy that he'd forget
to run. And -- I mean, at least that's what
people tell me.
He was a brilliant man, a funny
man, and yet he was the kind of fellow who
could unite all sorts of people. Very close
to Jake Javits, and actually became quite
close to Al D'Amato, who wasn't exactly a
mirror of Daniel Patrick Moynihan.
But I must say that his passing
points up the fact that we have some great
Americans who have served this state, and
certainly Daniel Patrick Moynihan was one of
them.
ACTING PRESIDENT ROBACH: Thank
1508
you.
Senator Connor.
SENATOR CONNOR: Thank you, Mr.
President.
I certainly had the privilege over
the years of interacting with Senator
Moynihan, very much in the way you would
expect another elected official -- a couple of
hours in South Brooklyn reopening a historic
bridge that he got the funds to refurbish, or
a couple of hours here and there -- on many,
many occasions.
But I'd like to share one personal
experience that I had when I was Senator
Moynihan's lawyer. And -- because it really
tells you where he's coming from. Because,
you know, in all the years as a state senator,
when I was the leader, Pat Moynihan was not --
he was a loyal Democrat, but he was not overly
involved in partisan endeavors. It wasn't his
thing.
He didn't usually get into the mix,
the nuts and bolts of politics kind of stuff.
You know, you just couldn't line him up for
something by saying "The party needs you."
1509
That wasn't his style. That wasn't what he
was like.
To that extent, his biographies and
obituaries are quite accurate. He was very,
very much a man of ideas. And the interesting
thing was he seemed determined to prove that
there was such a thing as academic freedom
even in politics.
Most of us don't quite believe
that, because we fear the wrath of the voters,
the wrath of the press. But he said things
the way he saw them, at various times created
controversy because he put forth ideas that
some other people may privately have shared
but were regarded as if you want to be in
politics, don't say that. Or if you want to
be elected to anything, or reelected, you
better not say that.
Let's all think how many times in
that lounge there have we had conversations
commenting on some aspect of modern-day public
life, civic life, cultural life or whatever,
only to end by "Yeah, but you sure can't say
that if you want to be in elected office."
Pat Moynihan said it if he believed
1510
it, and for that he was remarkable.
And I want to tell everybody the
time Pat Moynihan wanted to throw somebody off
the ballot. Now, isn't that -- I look around
here; many of us have tried that. We've tried
it because, hey, we didn't want the primary.
Oh, we don't want to have an opponent. We
wanted to save the money. You wanted to make
sure you had a sure-thing reelection.
I look around here and I see people
or chairs that represent people who tried to
throw the candidate from the other party off
the ballot so they didn't have a general
election contest. Highly partisan thing.
Bound, over the last couple of decades, to
bring down the wrath of editorial writers,
good government groups, and civic-minded
people: how dare you try and throw somebody
off the ballot.
Well, I'm telling you, Pat Moynihan
once decided it was very, very important to
throw his primary opponent off the ballot.
Now, it was in 1982, a gentleman
named Melvin Klenetsky filed a designating
petition with the State Board of Elections
1511
with some 91,000 signatures on it. I think he
needed 20,000 to get on the ballot. Far more
than the number needed. And Pat decided he
wanted to throw the guy off the ballot.
They had a large team of volunteer
lawyers do probably a 96 percent good job on
the specifications. And now they were told
"You have to come to Albany for a hearing."
And these volunteer lawyers had never been to
a hearing, and they told Pat that. And I get
the call: "Would you represent me before the
Board of Elections? And don't worry, I'll
send a couple of volunteer lawyers with you."
And I said, "Well, I hope they're
prepared." As I looked into it, I said,
"Wait, wait, the guy has 91,000 signatures.
It's going to be a long shot. And this guy
can't possibly beat you. Senator, the guy
can't possibly beat you. In fact, having a
primary opponent under the federal election
laws, an opponent like Klenetsky, Senator, is
to your advantage."
He said, "Why is that, Martin?"
I said, "Well, now, instead of
people being able to give you a
1512
thousand-dollar contribution, they can give
you $2,000 in contribution per individual.
And, you know, the PACs, the same thing, a
double thing, because you have a primary and
you have a general."
Trust me, Mr. President, a lot of
our federal office holders pre-McCain
whatever, Feingold, would often say to me:
"I've got a primary, but it's not really a
threat. And this is good. I can double what
I can raise." Because you don't necessarily
have to spend it in the primary, you just
raise it and hang on to it.
So I explained this to Senator
Moynihan, who was appalled at that thought.
"Oh, no, no, no, no, I wouldn't want to do
that. This is not about raising money."
I said, "Well, why do you want to
threw him off?" You know what? It was about
principle. His opponent was part of that
group -- and I get the mail again, I guess
LaRouche is running for president again. He
was a LaRouche follower, a fringe group often
described as a political cult that hold some
and espouse some ideas which Senator Moynihan
1513
and many, many of us in the Democratic Party
believe are outside the big tent of the
Democratic Party. And both major parties like
to have a big tent. But these ideas are
outside of either big tent, I think most of us
here who would think about it would agree.
And Pat Moynihan was offended that
this guy could run in the Democratic primary.
He couldn't believe -- and I realized this
whole election challenge, this whole going
through the signatures and so on was all about
a principle. It was all about his view of
what the Democratic Party stood for or, more
importantly, what it could not countenance
within its umbrella.
And for that reason, he had people
dig through the Board of Elections records --
this is precomputerization -- and do the set
of specifications.
So off to Albany we went, with the
volunteer lawyers. And when I said to them,
"Now, the hearings will go 24 hours a day,"
they said "What?" And they didn't go 24 hours
a day. We broke -- we broke virtually every
night at 4:00 or 5:00 in the morning and
1514
didn't resume until 8:00 in the morning. We
took three-hour breaks so we could all go home
and shower.
The interesting thing is that it
looked like we were going to win. And this
was going through, painfully, signature by
signature, through 91,000 signatures. And in
the last two hours of the -- and Senator
Moynihan would check in every day, couple of
times a day. And in the last couple of hours,
the opposition found some records in the Board
of Elections somewhere and ended up with 491
signatures more than they needed, we having
thrown out sixty -- I can't do the math
anymore -- sixty-some-thousand signatures.
And that concluded the matter.
Now, without any prearrangement,
when that four-or-five-day ordeal was over --
I guess we did it all in four days, around the
clock -- I was scheduled to go to the Concord.
I think there was a convention there, probably
AFL-CIO, the next night. And I did. And I
had just settled into my room and went down to
have a Coca-Cola at about 7 o'clock when who
should walk into the Concord -- because I had
1515
no idea he was appearing, he was speaking the
next day, coming that night -- but Pat, with
his wife and partner Liz. Who immediately
wanted to go through every wrong idea the
LaRouchites had.
And I really enjoyed the next four
or five hours, just the three Irish-Americans
of us, drinking Coca-Cola -- Diet, in my
case -- and discussing ideas, ideas in
politics, political parties.
And interestingly enough, at that
stage in my career I had only been in the
Senate some four years. Pat Moynihan told me
more about state government than I had heard
from anyone else. And again, he was the
United States Senator. But his experience
went back to his days in the Harriman
administration in the fifties. And he really
had -- he had insights about the why, why they
set this up that way.
And if you go back to that era in
state government, from the early fifties on, a
lot of things we kind of take for granted,
probably that period of time is second only to
the Al Smith era in terms of innovative things
1516
that were done or the stage was set for,
whether it be in transportation, education,
whatever.
And Pat Moynihan could tell you.
And he could give you the human side of it,
not just the big idea. He'd tell you whose
contract it was, so to speak, and how that
interplayed with some ideas.
So, you know, I -- but I think
what's important is he was always motivated by
a principle. Even when it came to something
as mundane or some people would say as
politically crass as trying to throw your
opponent off the ballot, he did it because
there was a rationale, there was a political
philosophy issue involved that he felt very
strongly about.
And so we shall miss Senator
Moynihan. We shall all benefit, as will this
country benefit, from his intellect, from his
thoughts so clearly expressed and fearlessly
expressed.
Certainly my condolences go out to
Liz and to Pat's children and grandchildren.
And while we shall miss him, I for one am
1517
grateful for both his public service and for
the opportunity to have the personal
interaction that I was able to have with him.
And of course he paid his bill, Mr.
President.
ACTING PRESIDENT ROBACH: Thank
you.
Senator Lachman.
SENATOR LACHMAN: Mr. President,
I rise also to speak about Senator Moynihan,
whose loss was a great loss for the nation and
for academic life.
I was a teenager when I initially
was forced to read "Beyond the Melting Pot,"
the book that he coauthored with Nathan
Glazer. So I never had the privilege of
knowing him firsthand, as some of you had. I
knew him through his writings. And it opened
up my eyes in terms of what I thought then was
the reality of the American scene.
He was honest enough, with
Professor Glazer, to write another book 25
years later. And that was the "Beyond the
Melting Pot Revisited," both of which were
based upon "An American Dilemma," by Gunnar
1518
Myrdal.
Pat Moynihan was really an unusual
person. I think in the obit that appeared in
the New York Times, the best sentence that was
there in terms of exemplifying him as a human
being was: "In those years, he was enough of
a politician to win reelection easily and
enough of a maverick with close Republican
friends to be an occasional irritant to his
Democratic Party leaders."
Senator Moynihan was probably, in
the 20th century, the only outstanding
academic scholar to become a United States
Senator and serve with distinction in both
areas, whether you agreed with him or
disagreed with him.
And Senator Connor just spoke about
the three Irish-Americans speaking late at
night together, Senator Moynihan, his wife,
and Senator Connor. I think one of the great
contributions that Senator Moynihan made to
world peace was when he got together with
Governor Hugh Carey, Speaker Thomas "Tip"
O'Neill, and Senator Ted Kennedy to push for
peace in Ireland.
1519
His books will be read, in my
opinion, for decades and generations. They
will be revisited, as his original great book
was revisited. But he will be always
considered a great and unusual and unique
American, as an elected official and a
first-class scholar.
Thank you.
ACTING PRESIDENT ROBACH: Thank
you.
Are there any other members wishing
to be heard on the resolution?
Senator Farley.
SENATOR FARLEY: Yeah, I just
want to rise and pay tribute to Daniel Patrick
Moynihan, who not only was a great senator but
one of the great thinkers in this country.
I just want to add to what Senator
Marchi was saying a little bit. He was
perhaps the only person in Congress that truly
understood the problems with our welfare
system and addressed it, because he grew up in
poverty. He grew up in abject poverty and
understood that the welfare system that we
presently have is really -- creates a
1520
dysfunctional family in many, many ways.
And he was a great senator and a
great New Yorker. I can recall one other
incident -- where I wrote him a note and got a
very nice personal note back from him -- when
he defended Governor Pataki, who was --
somebody who shall remain nameless who called
him an empty suit or something. And Daniel
Patrick Moynihan got on the floor of the
Senate and defended Governor Pataki in saying
that was so untrue and so forth.
He was a courageous guy. And it's
unfortunate, in my judgment, that we lost him
too soon. Daniel Patrick Moynihan was a
quintessential New Yorker in many, many ways.
And I don't know of anybody that I've ever met
that didn't admire and like our great senator.
And he'll be sorely missed, because
anybody that knew him or served with him said
there never was anybody like him before, and I
doubt if there will ever be anybody like him
again.
Thank you, Mr. President.
ACTING PRESIDENT ROBACH: Thank
you, Senator Farley.
1521
Any other members wishing to be
heard?
If none, the question is on the
resolution. All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT ROBACH: Any
opposed, nay.
(No response.)
ACTING PRESIDENT ROBACH: The
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, I'm receiving some information from
the Acting Minority Leader that they would
like to open up the last resolution to all
members of the house.
I'm assuming, because of the nature
of the representation of Senator Moynihan,
that all members would like to join that. So
let's take the position that all members will
be added as cosponsors to that privileged
resolution except those that don't wish to,
and those people should notify the desk.
ACTING PRESIDENT ROBACH: The
resolution is open for cosponsorship. If you
1522
do not wish to be a cosponsor, please notify
the desk.
Senator Kuhl.
SENATOR KUHL: May we now have
the noncontroversial reading of the calendar.
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: Calendar Number
111, by Senator Volker, Senate Print 1340, an
act to amend the Civil Practice Law and Rules,
in relation to establishing.
SENATOR KUHL: Lay the bill aside
for the day, please.
ACTING PRESIDENT ROBACH: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
172, by Senator Johnson, Senate Print 537, an
act to authorize the Ascension Evangelical
Lutheran Church.
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
1523
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
218, by Senator Larkin, Senate Print 2592, an
act to amend the Agriculture and Markets Law,
in relation to promoting.
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
236, by Senator Hoffmann, Senate Print 173, an
act to amend the Vehicle and Traffic Law, in
relation to leaving the scene of injury.
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 2. This
1524
act shall take effect on the 120th day.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
237, by Senator Trunzo, Senate Print 936, an
act to amend the Vehicle and Traffic Law, in
relation to form of number plates.
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
238, by Senator Meier, Senate Print 1272, an
act to amend the Vehicle and Traffic Law, in
relation to authorizing.
1525
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
241, by Senator Libous, Senate Print 2353, an
act to amend the Highway Law, in relation to
designating.
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
1526
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
256, by Member of the Assembly Burling,
Assembly Print Number 6205, an act to amend
the Tax Law, in relation to authorizing.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT ROBACH: The
bill is laid aside.
Senator Kuhl, that completes the
noncontroversial calendar.
SENATOR KUHL: Mr. President, can
we please now take up the controversial
reading of the calendar.
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: Calendar Number
256, by Member of the Assembly Burling,
Assembly Print Number 6205, an act to amend
the Tax Law, in relation to authorizing the
County of Livingston.
ACTING PRESIDENT ROBACH: Senator
Breslin.
SENATOR BRESLIN: Thank you, Mr.
1527
President. If the sponsor would yield for one
question.
SENATOR VOLKER: Yes, I will. I
know what you're going to ask.
(Laughter.)
SENATOR BRESLIN: Could you
please give me the answer without the
question?
Was this done at the request of the
county?
SENATOR VOLKER: Yes, it was.
In fact, the bill was changed twice
because they wanted to make sure it went to
the right place. It's going to Medicaid, to
recover Medicaid. So they did ask for it, and
so did all the towns also.
SENATOR BRESLIN: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT ROBACH: On the
bill, Senator Breslin.
SENATOR BRESLIN: As Senator
Volker indicated, the county apparently has
asked for this because they've had
difficulties paying their Medicaid. Which I
think is an example of what we've done as a
1528
legislature, passing mandates down to the
county and having the counties placed in a
precarious position of having to raise
additional taxes which can be regressive to
the county.
And I think it's up to us as a body
to look to legislation which would cap any
additional unfunded mandates to the county.
At their request, obviously I will vote for
this bill. But again, we should be very, very
careful in the future to not pass down those
mandates.
Thank you, Mr. President.
ACTING PRESIDENT ROBACH: Thank
you.
Any other Senators wishing to be
heard?
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT ROBACH: The
1529
bill is passed.
Senator Kuhl, that completes the
controversial reading of the calendar.
SENATOR KUHL: Thank you, Mr.
President. I understand there's a report of
the Rules Committee at the desk. Is that
correct?
ACTING PRESIDENT ROBACH: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1402A, Senate Budget
Bill, an act making appropriations for the
legal requirements;
3576, by Senator Volker, an act to
amend Chapter 887 of the laws of 1983;
3615, by the Senate Committee on
Rules, an act making appropriations for the
support of government;
And Senate Print 3616, by the
Senate Committee on Rules, an act to amend
Chapter 81 of the Laws of 2002.
All bills ordered direct to third
1530
reading.
ACTING PRESIDENT ROBACH: Senator
Kuhl.
SENATOR KUHL: Move to accept the
report of the Rules Committee.
ACTING PRESIDENT ROBACH: All in
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT ROBACH:
Opposed, nay.
(No response.)
ACTING PRESIDENT ROBACH: The
report is accepted.
Senator Kuhl.
SENATOR KUHL: If we could do a
noncontroversial reading of the Rules report.
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: Calendar Number
342, Senate Budget Bill, Senate Print 1402A,
an act making --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT ROBACH: The
1531
bill is laid aside.
THE SECRETARY: Calendar Number
344, by Senator Volker, Senate Print 3576, an
act to amend Chapter 887 of the Laws of 1983.
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 10. This
act shall take effect in 30 days.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
345, by the Senate Committee on Rules, Senate
Print Number 3615, an act making
appropriations for the support of government.
ACTING PRESIDENT ROBACH: Senator
Kuhl.
SENATOR KUHL: Is there a message
of necessity and appropriation at the desk?
ACTING PRESIDENT ROBACH: Yes,
there is.
SENATOR KUHL: Move we accept the
1532
message.
ACTING PRESIDENT ROBACH: All in
favor of accepting the message of necessity
and appropriation say aye.
(Response of "Aye.")
ACTING PRESIDENT ROBACH:
Opposed, nay.
(No response.)
ACTING PRESIDENT ROBACH: The
message is accepted.
Senator Kuhl.
SENATOR KUHL: Read the last
section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT ROBACH: The
bill is laid aside.
THE SECRETARY: Calendar Number
346, by the Senate Committee on Rules, Senate
Print Number 3616, an act to amend Chapter 81
of the Laws of 2002.
ACTING PRESIDENT ROBACH: Senator
Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk?
1533
ACTING PRESIDENT ROBACH: Yes,
there is.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT ROBACH: All in
favor of accepting the message say aye.
(Response of "Aye.")
ACTING PRESIDENT ROBACH:
Opposed, nay.
(No response.)
ACTING PRESIDENT ROBACH: The
message is accepted.
SENATOR KUHL: Read the last
section.
ACTING PRESIDENT ROBACH: Read
the last section.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT ROBACH: The
bill is laid aside.
That completes the noncontroversial
reading of the Rules report, Senator Kuhl.
SENATOR KUHL: Beginning with
Calendar Number 342, Mr. President, if you
please.
1534
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: Calendar Number
342, Senate Budget Bill, Senate Print Number
1402A, an act making appropriations for the
legal requirements of the state debt service.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT ROBACH: Senator
Johnson, an explanation has been asked for.
SENATOR JOHNSON: Mr. President,
this bill is to pay the debt service for the
coming year on all state debt obligations, and
a total of $6.99 billion.
Any other question?
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT ROBACH: The
bill is passed.
1535
THE SECRETARY: Calendar Number
345, by the Senate Committee on Rules, Senate
Print Number 3615, an act making
appropriations for the support of government.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT ROBACH: Senator
Johnson.
SENATOR JOHNSON: Mr. President,
this appropriates approximately $1.7 billion
to various state departments and agencies to
meet scheduled state payments from April 1 to
April 6, 2003.
ACTING PRESIDENT ROBACH: Read
the last section.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: If the
sponsor would yield for a few questions.
SENATOR JOHNSON: Yes.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President. There
are a number of state agencies and programs
that in last year's emergency appropriation
bill, first emergency appropriation bill,
received funding that are excluded from this
1536
year's bill. In particular, the programs for
Rural Preservation, Neighborhood Preservation
Programs, the Batterers Intervention Program,
funding for AIDS programs, the Office of
Temporary Disability Assistance programs for
not-for-profits.
There's no money for any of these
programs in this year's bill. And I would
request an explanation for these gaps when
compared to last year's legislation.
SENATOR JOHNSON: Senator
Schneiderman, you would like a further
explanation or a commentary on that?
SENATOR SCHNEIDERMAN: Yes, an
answer -- through you, Mr. President -- for
why these organizations are left out, these
programs are left out of this year's emergency
appropriation bill when in last year's
emergency appropriation bill they were funded.
SENATOR JOHNSON: Some of those
programs are left out because there's no money
to pay those. We're appropriating money, but
we may not have the money which we're
appropriating without some other things taking
place.
1537
But we've appropriated all the
federal money that's coming through for rural
rental, weatherization, other things. The
federal money is being passed right through.
No additional state money for those programs
which you mentioned.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would
continue to yield.
SENATOR JOHNSON: Yes.
SENATOR SCHNEIDERMAN: Then
following up on that question, if we're not
allocating money because there's no money
available, then it would appear that the
following programs are going to be cut as of
the beginning of the new fiscal year tomorrow:
Aid to defense, aid to prosecution,
prosecution of capital crimes training
programs, Batterers Intervention, Housing
Development Fund, Neighborhood Preservation
Program, Healthcare Standards and Surveillance
Program. Child Health Plus has no funding in
this bill.
So is it the position of the
Majority that these programs are all being
1538
cut, no funding being provided because we
don't have funding that's available to them?
SENATOR JOHNSON: Senator, it may
appear that way, but it's not exactly that
way. We're just talking about the bills that
are going to be paid this week. We're not
talking about terminating those programs.
There's no language here which terminates
those programs.
So I would say that the costs will
accrue, we're going to have to deal with it in
the future. But it's not being paid in this
particular bill.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT ROBACH: On the
bill.
SENATOR SCHNEIDERMAN: I
appreciate the sponsor's answers. I think,
though, that the gaps in this bill point to a
very serious problem.
This is essentially an effort to
extend a series of payments that were
authorized by last year's budget. Well, it is
abundantly clear to us now that last year's
1539
budget was a budget based on false
assumptions. Many of us believe that it was a
politically motivated budget rather than a
budget that was developed around sound fiscal
practices.
The evidence for that is
substantial. On October 30, 2002, there was a
report issued, the midyear financial plan
update by the Division of the Budget, George
E. Pataki, Governor, Carole Stone, Budget
Director, October 30, 2002. The Governor had
a lot of things on his mind.
One thing he didn't have on his
mind, apparently, was giving us an accurate
reflection of the state of New York's
finances.
This report stated that we were
going to end the fiscal year with a
$200 million surplus. One month later, the
Division of the Budget revised that
estimate -- after the election -- to a
projection of a $2.3 billion deficit. We're
now faced with a substantially higher deficit.
And the difficulty many of us have
with this ongoing process in Albany, where no
1540
one takes the deadline for passing the budget
seriously and we assume that we can pass
extenders that will keep some programs going
and maybe enable the powers that be to
threaten some programs or to hold up funding
for other programs in order to send political
messages, this business as usual in Albany is
not serving the people of the State of
New York.
We are facing a fiscal crisis that
is in large part of our own making. You can't
have massive tax cuts and massive spending
increases for eight years without hitting the
wall sooner or later. It's been accelerated
by the fact that we've had this national
recession. But everyone knows when you have a
boom, it's going to be followed by a bust.
Compared to many other states, we
did not take the steps necessary to provide
for this. This budget that we are seeking to
extend, the 2002-2003 budget, I respectfully
submit was an inaccurate, misleading, and
arguably intentionally inaccurate and
misleading document. I don't think the people
of the State of New York this year are going
1541
to put up with business as usual.
We have now missed the deadline.
This bill is the acknowledgment that we've
missed the deadline. The discussions that
we're having are avoiding facing up to the
actual issues before us, which are how to
raise revenues in a fair and equitable way so
that some of people who benefited from all of
these tax cuts are going to bear some of the
burden now that we're going into hard times.
Those discussions aren't being had.
The only legislative leader who has spoken up
and said we should have a surcharge on the
taxes for the wealthy and close corporate
loopholes is Senator Paterson, January 31st,
in an oped column in the Daily News. No other
Democrats or Republicans have stepped up to
the table and faced up to the fact that we
have made this bed, through tax cuts and
spending increases, and we now have to lie in
it.
I am not going to vote for the
extension of last year's budget. I think last
year's budget was a fraudulent budget. And I
would urge everyone that we have to stop this
1542
casual attitude about budget extenders if
we're going to give the people of the State of
New York what they need this year, which is
honest, direct action by the Legislature. We
don't have a surplus. Every day we wait to
pass a budget this year makes it harder to
close the gap.
So I'm voting no, and I'm urging
others to vote no. The days of easy extenders
should be over in this house and should be
over in the Assembly. Let's pass a real
budget. Let's get the real issues on the
table.
And I hope that within the next few
weeks we're going to be able to turn this
discussion around. But I'm done voting for
easy extenders to make it easier for us to
pretend we're doing the people's business and
issue false reports like the midyear financial
plan for the last budget while we fail to
address the critical issues facing our state.
Thank you, Mr. President.
ACTING PRESIDENT ROBACH: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
1543
Mr. President. If the sponsor would yield to
a question.
ACTING PRESIDENT ROBACH: Does
the sponsor yield?
SENATOR JOHNSON: Yes, Mr.
President.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. Through you.
Perhaps in follow-up to Senator
Schneiderman's question, he was talking about
a number of items that aren't in here. And
you explained that it's only one week. I want
to talk specifically about the general
categorical school aid and the fact that there
isn't money in this budget extender
specifically for school aid.
In fact, last year during this time
period, it would have been -- let's see,
adding up three categories, it would have been
almost $140 million in school aid that were
put through last year's extender bill.
Now, we know in the Governor's
proposed budget we are facing potentially
$1.3, $1.4 billion in budget cuts for
education. I'm exceptionally concerned that
1544
because, again, we have not dealt with the
budget, we are in an extender mode, we're in
extender mode of a budget I also did not vote
for last year. One of the reasons being that
we did not have enough money for school aid.
Now we're in the same situation --
extender, no money in here in the first week
for school aid. Our school districts, my
school districts in New York City are being
told to expect hundreds and hundreds of
millions of dollars in cuts. Not knowing what
reality is, how could we do an extender bill
where we're not addressing the fundamental
question of public education funds?
SENATOR JOHNSON: Senator, this
bill does not include an appropriation for
school aid. There is one payment due this
week, and that will be made under authority of
previous appropriations. So the school aid
will be paid. That's not a problem. It's not
a question. There's no reason to put it in
this bill.
SENATOR LIZ KRUEGER: Mr.
President, through you, if the sponsor would
continue to yield.
1545
ACTING PRESIDENT ROBACH: Will
you continue to yield, Senator?
SENATOR JOHNSON: Yes, Mr.
President.
SENATOR LIZ KRUEGER: Thank you,
Senator, I do need a clarification.
So last year at this time we did
need to put money in for school aid. This
year we don't, because we, what, assumed we
would need to have an extender and factored
the payments in differently?
SENATOR JOHNSON: Last year we
made an end-of-year appropriation for school
aid. And this year -- and that's carried over
to this year. That is still available.
SENATOR LIZ KRUEGER: Mr.
President, through you, if the sponsor will
continue to yield.
ACTING PRESIDENT ROBACH: Do you
continue to yield, Senator Johnson?
SENATOR JOHNSON: Yes.
SENATOR LIZ KRUEGER: Thank you,
Senator.
If last year we needed to do an
end-of-year carryover appropriation for the
1546
school year, what is different about this year
that we wouldn't need the same phenomenon to
take place?
SENATOR JOHNSON: Yes, of course.
I recall now. The -- last year we made an
end-of-year discretionary payment to the
school districts. This year we didn't do it
because we paid out money before the end of
this fiscal year -- before the end of last
fiscal year so they wouldn't have to have it
in this budget. This year --
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield for clarification.
ACTING PRESIDENT ROBACH: Do you
continue to yield, Senator?
SENATOR JOHNSON: Yes.
SENATOR LIZ KRUEGER: Thank you.
I am trying, Senator. I appreciate your
explanation.
What's different? Why last year
did we -- it sounds like you're proposing that
last year we gave them extra money at the end
of that year, and this year they don't need
what we defined as extra money last year.
1547
SENATOR JOHNSON: As I said
before, Senator, we have appropriation
authority left, and the payment due will be
paid.
Last year there was no
appropriations authority already left; it had
to be added into the emergency bill. Is that
clear?
SENATOR LIZ KRUEGER: Mr.
President, through you. No, I'm still
confused, Senator. But I'll go on with the
questions.
Thank you, Mr. President. If,
through you, the sponsor would continue to
yield.
ACTING PRESIDENT ROBACH: Do you
continue to yield, Senator?
SENATOR JOHNSON: Yes, Mr.
President.
SENATOR LIZ KRUEGER: Thank you
very much, Senator.
What is your understanding of the
position we put ourselves in when we do an
extension of last year's budget, knowing that
we are now technically in a -- or will be in a
1548
few days -- in a new fiscal year with an
admitted $11 billion deficit? So the fact
that we will continue on this current year's
budget model for a year we are walking into
with, again, an estimated $11 billion deficit,
what is the impact on a week-by-week basis for
our state by spending at last year's level
with this year's fiscal crisis?
SENATOR JOHNSON: Senator, this
bill pays the bills due this week. That has
to be done.
As far as what I think about the
future, I think that's a question to be asked
of the Governor and the other two men that
belong in the room. And when they get that
done, we will have a budget.
And so you should encourage all the
members of the Democrat party that you know in
the other house to work together with Bruno
and the Governor and get a budget done.
SENATOR LIZ KRUEGER: Mr.
President, through you, on the bill.
ACTING PRESIDENT ROBACH: On the
bill.
SENATOR LIZ KRUEGER: Thank you.
1549
Senator, I -- excuse me. Mr.
President, I appreciate Senator Johnson's
comments and responses to my questions. And I
appreciate particularly his last statement,
because it highlights to me in fact the
problem that we face today, that, one, we are
not working on the budget in this house.
You suggested that Democrats should
talk to Democrats, Republicans should talk to
Republicans in the two houses and get, quote,
the Governor and the two other men to deal
with the budget, and when they deal with the
budget we'll have the answers.
I would argue that in fact our job
as legislators in the Senate of New York is to
in fact work on getting to that point for our
house, the Senate, then negotiating in
conference committees with the other house,
the Assembly, on both sides of the aisle,
regardless of party. The constituents in my
district who are Republican or Democrat or
independent aren't interested in party titles,
they are interested in our getting a budget
done, a budget done on time, a budget that in
fact meets the realities and needs of our
1550
state.
And the reason for my last question
to you was the fact that I am very concerned
that we are continuing down the road of a
budget from last year that was technically
unbalanced, which is why we ended up the
fiscal year conceivably with as much as a
$5 billion deficit by the end of this month,
when you calculate what we did and didn't do,
and that we are now walking into a new fiscal
year with a larger fiscal deficit and the 5 --
and I could be wrong, the $4 billion to
$5 billion deficit we're ending this year
with, and that we have in fact nothing to say
to our constituents about the fact that we
can't explain what's going to happen with
education funding, with healthcare funding,
with our tax policies.
We watch as our counties continue
to increase their taxes to deal with the fact
that at the state level we aren't coming
forward with even proposals for a balanced
budget on the revenue side or the decisions we
make on expenditures. I worry that my school
system is walking into their projections for
1551
next September with the expectation of a loss
of hundreds of millions of dollars in revenue
for our public education system.
I, as I assume every one of us is
being approached by the constituents in our
districts, talking about education issues,
healthcare issues, the risk of closing
hospitals, the increase in local taxes.
And that the answer for us is not
to pass extender bills based on an extension
of last year's flawed budget, the answer is
for us to sit down, roll up our sleeves and
move forward with this year's budget, I
certainly hope a better budget than last
year's budget.
Unfortunately, what we get handed
so far are proposals from the Governor that
leave us in bigger fiscal crisis than we've
been in, that do not come up with revenue
answers for this government or for the people,
that leave our school districts and our
localities literally in panic over how they
will pay their own bills or how they will deal
with their own revenue shortfalls.
And so I also will not be voting
1552
for this extender bill today, because I do not
believe that I can justify to my voters at
home the failure of this house to even have a
good-faith effort to answer the questions that
I believe all 62 of us get in our district
offices, in our offices across the hall in the
LOB every day: What are we doing, how are we
going to resolve this problem for our
localities, for our state?
And so I don't believe that doing
this extender bill, which I believe will be
one of multiple one-week if not two-week and
three-week extender bills, will get us
anywhere closer to solving the problems.
Thank you very much, Mr. President.
ACTING PRESIDENT ROBACH: Thank
you, Senator Krueger.
SENATOR JOHNSON: Mr. President.
ACTING PRESIDENT ROBACH: Senator
Johnson.
SENATOR JOHNSON: I'd just like
to -- it's not an answer to a question, it's
just a statement.
On March 10th, we knew how much
money was available. We had an agreement on
1553
so-called avails between both houses. Do you
recall that? And we know we need additional
money. Now, we can't put a budget through
expending all the money that people want to
spend if we don't have a place to get the
money from.
And if you happen to read the
newspapers lately, you'll see that Shelly has
a proposal, Joe has a proposal, the Governor
has a proposal. And we've been meeting for a
couple of months, this Finance Committee has
been meeting for a couple of months to try to
get agreement three ways. We haven't got it
yet.
That's no failure of the people who
you're going to deprive of their Social
Security or Medicaid or other payments,
welfare, et cetera, OMRDD. These people, who
we're going to pay the bills for this week,
didn't do anything wrong. They don't deserve
to be punished.
But we deserve to get our act
together. And our committees have been
functioning, irrespective of your knowledge of
that. And they have been doing the same thing
1554
in the Assembly. And they're trying to get an
agreement which the Governor will sit down and
okay which raises $3 billion or $4 billion or
$5 billion that we need to put this budget
together.
We're working on it every day.
That's all I can tell you. And we're going to
continue working on it. And we'll continue
paying the bills until that's resolved.
ACTING PRESIDENT ROBACH: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I don't think anyone here is
suggesting that there aren't other members of
the Senate on the Finance Committee and the
Assembly on the Ways and Means Committee who
are trying -- who are trying to accomplish
something.
I think what we're saying is that
this has been going on for too many years and
we hide behind this mutual pact of secrecy
where we all tell our constituents we're
working real hard, we're working real hard.
And we're just not getting the results. If
1555
this was a private business, we would have all
been fired.
At a certain point in time you have
to say we're not giving people an honest
budget. We know this is going to pass. We
know no one is going to be deprived of any
payments. I can't in good conscience, though,
vote for this, because I have to express my
frustration, my concern, and my sincere belief
that the system of business as usual, of
missing deadlines and passing extenders and
telling everyone we're working on things even
if we are not, has to end.
So that's why I'm voting no. I do
know that there are people very concerned on
both sides of the aisle who are working very
hard and are as frustrated as I am -- maybe
don't have the freedom to vote no as I do.
But that's the statement we're making today.
Thank you, Mr. President.
ACTING PRESIDENT ROBACH: Is
there any other member wishing to be heard?
Senator Sabini.
SENATOR SABINI: Yes, Mr.
President, on the bill.
1556
ACTING PRESIDENT ROBACH: On the
bill.
SENATOR SABINI: Mr. President, I
want to echo the statements that Senator
Schneiderman has made.
While I don't doubt Senator
Johnson's sincerity in saying that people are
working on this, the fact of the matter is
there's a deadline. The deadline comes at
midnight.
There's a strange irony to the fact
that tomorrow thousands of healthcare workers
will be here in this city to lobby on the
budget, even though the schedule says the
budget would have been passed already. So
even the general public is wise to this at
this point, and they're part of the game.
But games are for children. We're
not elected to play games, we're elected to do
a budget.
You know, it's funny, for ten years
I served on the City Council. Senator Dilán
is here, he served with me as well. Senator
Golden, on the other side of the aisle, served
for a number of those years as well.
1557
And in New York City, we got the
budget done on time every year, through good
years and bad years. And sometimes the good
years were tougher to get the budget done from
when there's money around and there's more
demands on it. But it got done, because there
was a will to get it done.
So that I concur with Senator
Schneiderman that the tacit or implicit
acceptance of the process by passing extenders
really should be stopped. Games belong in the
street with kids. Kabuki plays belong in
Japan, not here. And the fact that we are
elected to perform an action should be
recognized.
We all run for this office. You go
out in the street and you meet people. And I
got to tell you, no one said to me during the
campaign: "You know, the way they do budgets
in Albany, keep it up. That's what we're
sending you there for. That's the way we want
it done." No one said that, amazingly enough.
Instead, people said: "Why do you want to go
up there? It seems to be this strange process
that none of us understand, but we're told it
1558
comes out all right at the end."
Well, if it comes out all right at
the end, it can come out all right on time.
And whether that's the fault of anyone in this
room or on the other side of the building or
on another floor of this building, it's time
to sort of own up to the fact that maybe we're
all a little at fault and we should, as a
unit, press for making things a little more
logical and a little more under the rule of
law, as the state law is supposed to be
upheld, and that we do these things in a
manner that makes us proud to be part of the
process, not part of a process that we make
excuses for.
And so I will be voting with
Senator Schneiderman and others on this.
Thank you.
ACTING PRESIDENT ROBACH: Senator
Onorato.
SENATOR ONORATO: Mr. President,
I'm here twenty years, and I have never been
invited to be a fourth man or a fifth man to
join in with the negotiations on the second
floor.
1559
Senator Johnson has urged us to get
together with our colleagues in the Assembly,
and he should get together with his colleagues
in the Assembly on the Republican side.
Tomorrow is the deadline for
passing our budget. A number of years ago we
initiated joint legislative committees to
convey our feelings on breaking the stalemate
of the late, late budgets. We are always
pressed to the brinkmanship, like going to
war. But when is our war going to begin in
both houses? In June, or perhaps next
September?
Tomorrow is the deadline. Why are
not our two conference houses meeting to iron
out their differences and pass a budget on
time?
I am sick and tired of passing
extenders, because we never know what's coming
on down the line. So I too am putting my foot
down. I'm not going to vote for any
extenders.
ACTING PRESIDENT ROBACH: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Thank you,
1560
Mr. President. We seem to have a ball rolling
here. I've just made up my mind not to vote
for this budget either, this bill.
And I think I can take a lesson
from the work that my husband does concerning
this particular situation that we're now in.
He's a labor/management negotiator. And the
way they resolve their differences, many of
you may know, is that when they have hit the
wall and they are absolutely at an impasse,
they simply continue working. He has in some
cases gone 48 hours without sleep.
And it's amazing how people who
feel very, very passionately and strongly
about particular features within a contract,
suddenly, when you're deprived of sleep for a
number of -- and I'm not suggesting this. But
when you're deprived of sleep, it's amazing
how things seem to fall much more into place.
I'm not saying that we should go
without sleep. But I think it would not be a
bad idea if we considered staying up here day
after day -- that ought to influence us -- and
just staying here until we get it done.
The conference committee idea is
1561
such a wonderful -- you know, the way to
operate. It's done in so many states. It's
done in Congress in Washington, D.C. It
works. I don't know why we simply don't say
we tried it once, it was successful, let's try
it again.
What we're doing is simply
criminal.
ACTING PRESIDENT ROBACH: Senator
Lachman.
SENATOR LACHMAN: Yes, I also
rise, Mr. President, to speak on my vote.
A few hours ago I decided to do the
fiscally correct thing, the fiscally
conservative, correct thing. And the fiscally
conservative, correct thing is to vote against
this extender.
Extenders are irresponsible. They
might give you a quick lift and an easy way
out, but they do not go to the real heart of
the issue.
We as legislators must seize the
initiative. We respect our leadership. We
respect our Governor. But we want to show
them and our constituents that we are
1562
legislators, we are not pawns in a chess game.
We want a budget passed by April 1st.
Thank you.
ACTING PRESIDENT ROBACH: Senator
Parker.
SENATOR PARKER: Thank you, Mr.
President. I rise to join the chorus of my
colleagues who are voting against this
extender.
And we're not voting really against
the bill as much as we are voting against the
principle of continuing to do things as usual.
As many of you know, I was elected in the 62nd
seat of this illustrious body and really given
a mandate, a mandate to do things differently,
to really represent my district, to really
have folks get the things and the resources
that they need and deserve.
This doesn't represent that, Mr.
President. We really ought to be looking at a
process that in fact allows us to pass a
budget on time. The impact of late budgets
has detrimental effects in everyone's
district. This is not something that just
affects Brooklyn or just affects upstate, this
1563
affects the entire state. And not just
counties and boroughs, but actual individual
institutions.
We are now, you know, in a
situation where for 18 years, 18 years this
Legislature has not been able to pass an
on-time budget. That's over half of my life.
If some of you have children who are freshmen
in college, in their lifetime there has not
been an on-time budget in this state.
And that's absolutely just
ridiculous. And we really need to make a
commitment to moving forward and doing things
the way they should be done.
In addition, we have an extender
that leaves out vital programs. We really
have to be clear that a budget is more than
just numbers, a budget is a set of values and
priorities. And what we're being told here
now is that the programs that are important in
terms of developing housing, in terms of
protecting health, in terms of, you know,
education are not important to this
Legislature. And I refuse to vote for that.
We are now institutionalizing --
1564
this is the same thing that the city did a
couple of years ago when they created the
Department of Homeless Services and
institutionalized the problem and in fact
decided that it was going to create an
economic incentive to keep the problem around.
And that's what we've done.
And, Mr. President, I know that
most of us don't want to see that done. We
want to in fact serve the folks in our
communities. We want to make sure our
community organizations and our municipalities
and our school districts get the required
funding.
And so I urge everyone here to vote
no on this, and let's vote for a real budget.
Thank you.
ACTING PRESIDENT ROBACH: Senator
Stavisky.
SENATOR STAVISKY: Mr. President,
not to belabor the point. It sounds a little
bit like a Greek chorus. But it's a Greek
chorus that's part of a tragedy that's
occurring here. We can't seem to get it
right.
1565
As I'm looking at the legislation
in the appropriation bills, I notice what's
left out. In education we have left out the
small city school districts. We have left out
advances to the Hurd decision cities. And, my
friend on the other side of the aisle, this
affects your districts.
Categorical aid is left out. There
are many things that have been omitted from
this budget. And I think it's time that we
sat down as a conference committee to work out
any differences.
Thank you, Mr. President.
ACTING PRESIDENT ROBACH: Senator
Andrews.
SENATOR ANDREWS: Yes, Mr.
President, on the bill.
Last year I voted on the budget
reluctantly, a budget that was not balanced, a
budget that robbed Peter to pay Paul, a budget
that took money from the TANF funds to help
cut back the budget increase or potential
tuition increase to CUNY and SUNY.
And today I look at this budget
extension, and all it requires me to do again
1566
is to vote for something that I'm unsatisfied
with. Well, today I'm not going to do that.
Today I'm going to stand here and vote no
against this budget extension because it's
overbudgeted. We are in a deficit right now.
The residents who sent me up here
to Albany did not just send me up here to
rubber-stamp budgets as they come out. So
therefore I'm voting no on this extension.
ACTING PRESIDENT ROBACH: Thank
you, Senator Andrews.
Does any other member wish to be
heard on this bill?
If none, read the last section.
THE SECRETARY: Section 25. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 345 are
Senators Andrews, Breslin, Brown, Diaz, Dilán,
L. Krueger, Lachman, Montgomery, Onorato,
Oppenheimer, Parker, Paterson, Sabini,
Schneiderman, A. Smith, and Stavisky. Ayes,
1567
43. Nays, 16.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
346, by the Senate Committee on Rules, Senate
Print Number 3616, an act to amend Chapter 81
of the Laws of 2002.
ACTING PRESIDENT ROBACH: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. Briefly on the bill.
Everything that has to be said has
been said. I'm voting no on this bill, which
is the companion to the previous bill, for the
same reason.
ACTING PRESIDENT ROBACH: Is
there any other member wishing to be heard on
this bill?
Read the last section.
THE SECRETARY: Section 21. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
1568
the negative on Calendar Number 346 are
Senators Andrews, Breslin, Brown, Diaz, Dilán,
L. Krueger, Lachman, Montgomery, Onorato,
Oppenheimer, Parker, Paterson, Sabini,
Schneiderman, A. Smith, and Stavisky. Ayes,
43. Nays, 16.
ACTING PRESIDENT ROBACH: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Could you
recognize Senator Lachman for the purposes of
changing a vote or recording a vote, I
believe.
You don't wish to change a vote? I
don't want to vote for you, Senator, but I was
informed that you might wish to be recorded --
Mr. President, is there any
housekeeping at the desk?
SENATOR LACHMAN: You're right.
I was out of the chamber.
SENATOR KUHL: I don't wish to
vote for you, Senator, but we're just trying
to keep the record straight here.
SENATOR LACHMAN: Thank you
kindly. I was out of the chamber.
1569
On Senate Bill 3576, I would like
unanimous consent to be voting in the no.
ACTING PRESIDENT ROBACH: Without
objection.
Senator Kuhl, there's no
housekeeping at the desk.
SENATOR KUHL: Would the chair
then recognize Senator Schneiderman for a -- I
believe he has a motion to petition.
ACTING PRESIDENT ROBACH: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I believe there's a motion at the
desk. I would request that I be heard very
briefly on the motion.
ACTING PRESIDENT ROBACH: The
reading is waived. Please speak on the
motion.
SENATOR SCHNEIDERMAN: Thank you.
This is a motion to bring to the
floor a piece of legislation, Senate 379,
which we call the "gun-free kids law." It's a
very simple bill. It is law in many other
stay states. It simply requires people who
1570
have children in their homes to lock up their
guns.
This is something that is
approaching a national catastrophe. In 2000
we passed a bill requiring that trigger locks
be sold with guns, but there's no requirement
that they be used.
Guns that are not secured in the
home are responsible for many, many murders,
many, many suicides, and many, many accidental
shootings. 53 percent of the spousal murders
in the United States are committed with
firearms in the home. 1,134 people in the
last year for which we have records -- many of
them children -- were killed accidentally or
unintentionally by firearms kept unlocked in
the home.
This is something that doesn't
require complicated budget machinations. This
is something that will save people's lives.
Let's require that firearms be locked up.
If you don't care about your own
kids, think about those of us who have
children who come over to your house to play.
I don't want my daughter going into a house
1571
where there's a gun and it's not locked up. I
don't think any parent does.
I urge that everyone support this
motion, we bring this bill to the floor and
act on it as soon as possible.
Thank you.
ACTING PRESIDENT ROBACH: Those
Senators in agreement with the petition out of
committee please signify by raising your hand.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Breslin,
Brown, Diaz, Dilán, L. Krueger, Lachman,
Montgomery, Onorato, Oppenheimer, Parker,
Paterson, Sabini, Sampson, Schneiderman,
A. Smith, and Stavisky.
ACTING PRESIDENT ROBACH: The
petition is defeated.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. There being no further business to
come before the house today, I move that the
Senate stand adjourned until tomorrow,
April 1st, at 3:00 p.m.
ACTING PRESIDENT ROBACH: On
motion, the Senate stands adjourned until
1572
Tuesday, April 1st, at 3:00 p.m.
(Whereupon, at 5:16 p.m., the
Senate adjourned.)