Regular Session - April 28, 2003
2088
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 28, 2003
3:35 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, April 27, the Senate met pursuant to
adjournment. The Journal of Saturday,
April 26, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator McGee, on
page number 26 I offer the following
amendments to Calendar Number 388, Senate
Print Number 2963, and ask that said bill
retain its place on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar, Senator.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Marcellino, on
page number 26 I offer the following
amendments to Calendar Number 390, Senate
Print Number 769, and ask that said bill
retain its place on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
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place on the Third Reading Calendar.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Kuhl, on
page number 28 I offer the following
amendments to Calendar Number 415, Senate
Print 2974, and ask that said bill retain its
place on Third Reading Calendar.
THE PRESIDENT: Those amendments
are also received, and the bill will retain
its place on the Third Reading Calendar.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
On page number 23, I offer the
following amendments to Calendar Number 337,
Senate Print Number 288, and ask that said
bill retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments to
the bill are received, Senator, and it will
retain its place on the Third Reading
Calendar.
SENATOR MEIER: Thank you, Madam
President.
Madam President, on behalf of
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Senator Balboni, on page number 25 I offer the
following amendments to Calendar Number 372,
Senate Print Number 2498A, and ask that said
bill retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are also received, and the bill will retain
its place on the Third Reading Calendar.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
On behalf of Senator
Hassell-Thompson, I would request that Senate
Bill Number 3854 be discharged from committee
and be recommitted with instructions to strike
the enacting clause.
THE PRESIDENT: So ordered,
Senator.
SENATOR SCHNEIDERMAN: Thank you.
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. I'd like to announce an immediate
meeting of the Senate Finance Committee in the
Majority Conference Room.
THE PRESIDENT: There will be an
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immediate meeting of the Senate Finance
Committee in the Majority Conference Room.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. I believe there's a privileged
resolution, Number 1374, by Senator Leibell at
the desk. I'd ask that the title of that be
read and move for immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Leibell, Legislative Resolution Number 1374
commending Thomas T. Keasbey upon the occasion
of his designation for special honor by the
Patterson Historical Society on April 26,
2003.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
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President. I believe also there's a
privileged resolution by Senator Schneiderman
at the desk. I'd ask that the title be read
and move for immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Schneiderman, Legislative Resolution Number
1375 mourning the untimely death of Sergeant
Riayan A. Tejeda, and paying tribute to his
courageous actions as a member of the United
States Marine Corps.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. May we now have the
noncontroversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
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THE SECRETARY: Calendar Number
150, by Senator Marcellino, Senate Print 788,
an act to amend the Vehicle and Traffic Law,
in relation to aggravated unlicensed
operation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
155, by Senator Skelos, Senate Print 1735A, an
act to amend the Highway Law, in relation to
ratifying and confirming.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
191, by Senator Larkin, Senate Print 1189, an
act to amend the Vehicle and Traffic Law, in
relation to authorizing the City of Newburgh.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
300, by Senator DeFrancisco, Senate Print
2289, an act to amend the General Obligations
Law, in relation to the statutory short form
power of attorney.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
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act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
339, by Senator Libous, Senate Print 2182, an
act to amend the Mental Hygiene Law, in
relation to directing the State Commission on
Quality of Care.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
380, by Senator Volker, Senate Print 3239, an
act to amend the Criminal Procedure Law, in
relation to when a police officer may arrest a
person.
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THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
394, by Senator Rath, Senate Print 878, an act
to amend the County Law and others, in
relation to providing financial assistance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 23. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
397, by Senator Fuschillo, Senate Print 1781,
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an act to establish the Baldwin-Grand Canal
repair and maintenance district.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
398, by Senator Fuschillo, Senate Print 1782,
an act to establish the Baldwin-West End Canal
repair and maintenance district.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
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passed.
THE SECRETARY: Calendar Number
410, by Senator Morahan, Senate Print 1766, an
act to amend the Military Law, in relation to
extending certain benefits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
437, by Senator Saland, Senate Print 1573, an
act to authorize the Church of Jesus Christ
Incorporated, City of Poughkeepsie, County of
Dutchess.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
Senator Kuhl, that completes the
noncontroversial reading of the calendar.
SENATOR KUHL: Yes, Madam
President. Would you recognize Senator
DeFrancisco, please.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I would
like to ask for unanimous consent to be voted
in the negative on Calendar 339, Senate Print
2182.
THE PRESIDENT: Hearing no
objection, Senator, you will be so recorded as
voting in the negative.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. We went through that part of the
calendar very quickly, so -- we're awaiting
the report of the Finance Committee. So could
we stand at ease for just a couple of minutes
awaiting that report.
THE PRESIDENT: The Senate stands
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at ease.
(Whereupon, the Senate stood at
ease at 3:45 p.m.)
(Whereupon, the Senate reconvened
at 4:00 p.m.)
THE PRESIDENT: We will return to
reports of standing committees.
Senator Kuhl.
SENATOR KUHL: Madam President, I
understand there's a report from the Finance
Committee at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bills:
Senate Print 4866, by the Senate
Committee on Rules, an act making
appropriations for the support of government;
And Senate Print 4867, by the
Senate Committee on Rules, an act to amend
Chapter 21 of the Laws of 2003.
Both bills ordered direct to third
reading.
THE PRESIDENT: Without
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objection, both bills ordered direct to third
reading.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Could you call up now Calendar
Number 508, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
508, by the Senate Committee on Rules, Senate
Print 4866, an act making appropriations for
the support of government.
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Is there a message
of necessity and appropriation at the desk,
Madam President?
THE PRESIDENT: Yes, there is,
Senator Kuhl.
SENATOR KUHL: Move we accept the
message.
THE PRESIDENT: All in favor of
accepting the message of necessity and
appropriation please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
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(No response.)
THE PRESIDENT: The message is
accepted.
SENATOR KUHL: Could you lay that
bill aside.
THE PRESIDENT: The bill is laid
aside, Senator.
SENATOR KUHL: May we call up
Calendar Number 509, Madam President.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
509, by the Senate Committee on Rules, Senate
Print 4867, an act to amend Chapter 21 of the
Laws of 2003.
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Is there a message
of necessity at the desk on Calendar Number
509?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR KUHL: Move we accept the
message.
THE PRESIDENT: All in favor of
accepting the message of necessity please
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signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Senator Kuhl.
SENATOR KUHL: Please lay that
bill aside for a moment.
THE PRESIDENT: The bill is laid
aside.
SENATOR KUHL: Madam President.
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Could we now take
up Calendar Number 508.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
508, by the Senate Committee on Rules, Senate
Print 4866, an act making appropriations for
the support of government.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Johnson,
an explanation has been requested.
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SENATOR JOHNSON: Madam
President, this bill appropriates $1.5 billion
to various state departments to meet the
scheduled state payments due April 28th to
May 4th.
THE PRESIDENT: Read the last
section.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. Briefly on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR SCHNEIDERMAN: These two
bills are further budget extenders. I plan to
vote no for the same reason we have voted
against the other extensions offered to this
house thus far this year.
We are not giving the programs that
our constituents rely on the resources they
need to continue. We're going through this
process where the Governor picks and chooses
what programs he wishes to fund. And I will
repeat what we said two weeks ago: Real
people are being hurt by the failure to fund
programs. This is no way to run a state
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budget.
We have an obligation, if the
Governor is not going to come to the table and
work with us, to proceed as a Legislature and
be prepared to deal with this matter on our
own. These extenders are causing real damage.
I'm going to vote no. I hope that
we can move forward this week to actually
confront these issues and pass a real budget.
Thank you, Madam President.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Madam
President, if the sponsor would yield for a
question.
THE PRESIDENT: Senator Johnson,
will you yield for a question?
SENATOR JOHNSON: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
Through you, Madam President.
I understand the arguments for
extender bills when we fail to do our jobs and
get the budget done. But could you explain to
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me why week after week we're asked to pass
extender bills that provide no money for
school aid?
We are now up to $4.5 billion that
we have not paid but owe to school districts,
$2 billion for my own City of New York. If we
are trapped into extender bills, which I
believe might be one of your arguments,
because we've had this each week, why do the
extender bills continue to not fund anything
for school aid?
SENATOR JOHNSON: Senator, it's
against the law to write a rubber check.
There's not enough money in the budget right
now to pay those school payments, not enough
money available to pay those payments. And so
that's why we've put it off.
We are hopeful we'll have a budget
this week. Certainly the Republican Majority
desires to have a budget this week. We're
going to try to do that. And those things
will be resolved subsequent to that.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
yield to one more question.
2109
THE PRESIDENT: Senator Johnson,
will you yield for a question?
SENATOR JOHNSON: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Krueger.
SENATOR LIZ KRUEGER: If in fact,
Senator, it's not okay to write rubber
checks -- which I would agree, the State of
New York should not write rubber checks -- why
did we decide to do an extender bill for other
items but not for education?
How did we prioritize not investing
in education with our limited funds but
investing in any number of other programs over
the course of I guess this would be the fourth
extender bill this year?
SENATOR JOHNSON: All I can tell
you is that we are paying the bills which are
urgent to be paid now -- payroll, Social
Security, HIV/AIDS programs, nutritional
services, and so on and so on. But we don't
have $1.6 billion available to pay the school
aid right now.
And as you know, we all desire to
2110
give the schools the money as soon as
possible. And I'm sure when the money is
available, we will do so.
SENATOR LIZ KRUEGER: Madam
President, quickly on the bill.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Just to
highlight what we've said here every week I
believe that we've been asked to pass extender
bills, I'll also not be voting for this. I
urge my colleagues not to.
We must get a budget done. And we
must be constantly reminded of the real price
that real people are paying in the state of
New York for our failure to get the budget
done.
And again, just continuing on the
theme of our failure to provide school aid,
the localities of the state are now paying
approximately half a million dollars a day in
interest to borrow the money to continue the
operation of our schools because we have not
done our jobs here in Albany.
Thank you, Madam President.
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THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 508 are
Senators Andrews, Breslin, Brown, Dilan,
Duane, Hassell-Thompson, L. Krueger, Lachman,
Montgomery, Onorato, Parker, Paterson, Sabini,
Schneiderman, A. Smith, and Stavisky. Ayes,
44. Nays, 16.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 509.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
509, by the Senate Committee on Rules, Senate
Print 4867, an act to amend Chapter 21 of the
2112
Laws of 2003 amending the Executive Law.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, very briefly on the bill.
I'm voting no on this for the same
reason; this is the language bill that
accompanies the appropriation. It's time for
us to do a budget, time for us to fund the
schools, not time for us to play around with
these inadequate, repetitive, temporary
extenders.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 509 are
Senators Andrews, Breslin, Brown, Dilan,
Duane, Hassell-Thompson, L. Krueger, Lachman,
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Montgomery, Onorato, Parker, Paterson, Sabini,
Schneiderman, A. Smith, and Stavisky. Ayes,
44. Nays, 16.
THE PRESIDENT: The bill is
passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. With unanimous consent, I'd like
to be recorded in the negative on Calendar
Number 380 and Calendar Number 415, please.
THE PRESIDENT: Hearing no
objection, you will be recorded as voting in
the negative on 380.
But 415 was not passed, it was
amended. So we'll just deal with the first
one.
Senator Parker.
SENATOR PARKER: Yes, Madam
President. I'd like to request unanimous
consent to be recorded in the negative on
Calendar Number 380.
THE PRESIDENT: Hearing no
objection, you will be so recorded, Senator
Parker, as voting in the negative.
Senator Montgomery.
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SENATOR MONTGOMERY: Yes, Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar 380.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
SENATOR MONTGOMERY: Thank you.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. I too would like to be
recorded in the negative on Calendar 380.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there isn't,
Senator.
SENATOR SKELOS: There being no
further business, I move the Senate stands
adjourned until Tuesday, April 29th, at
3:00 p.m.
THE PRESIDENT: On motion, the
2115
Senate stands adjourned until tomorrow,
Tuesday, April 29th, at 3:00 p.m.
(Whereupon, at 4:13 p.m., the
Senate adjourned.)