Regular Session - April 29, 2003
2116
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 29, 2003
3:45 p.m.
REGULAR SESSION
SENATOR JOHN R. KUHL, Jr., Acting President
STEVEN M. BOGGESS, Secretary
2117
P R O C E E D I N G S
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
to find their chairs, staff to find their
places.
And I ask everybody in the chamber
to rise and join with me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT KUHL: We're
very, very pleased to have the Reverend
Winston Platt, from the First Baptist Church
of Warsaw, New York, to deliver the
invocation.
Reverend Platt.
REVEREND PLATT: Let us pray.
Great God of heaven, creator and
sustainer of Your universe, we count it a
privilege to come into Your presence this
afternoon. Thank You for Your graciousness to
us. We acknowledge You as the sovereign God
of Your universe.
And, Father, this afternoon we
praise You for the measure of health and
2118
safety that You have given to each one of us,
especially in difficult times. This
afternoon, O God, we praise You for the
success and safety that You have been giving
to our troops overseas. We honor You as a God
of safety.
Father, this afternoon, though we
know we are unworthy, we thank You for Your
blessing on us, on this state, and on this
nation.
As we bow in Your presence today,
we humbly ask for Your best in each of our
lives, in our relationship with You, in the
relationships that each of us have with
spouses, with children, in our
responsibilities.
And, Father, with Solomon of old,
we acknowledge that especially in Your
presence we are but children; we need Your
wisdom. And so, with him, we ask for an
understanding, a hearing heart, that we may
discern between good and evil.
Father, we ask this in accordance
with Your promise that if any man lacks wisdom
he may ask of You, You who give to all men
2119
liberally, generously, and without reproach.
Father, we do ask for Your
continued blessing on us as a state, on us as
a nation, as well as on us individually.
And now, Father, to You who are
able to keep us from stumbling, to You who are
able to make us stand in the presence of Your
glory, blameless with great joy, to You, the
only God our savior, through Jesus Christ our
Lord, be glory, majesty, dominion and
authority, before all time and now and
forever.
Amen.
ACTING PRESIDENT KUHL: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, April 28, the Senate met pursuant to
adjournment. The Journal of Sunday, April 27,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT KUHL: Hearing
no objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
2120
Senator Bruno.
SENATOR BRUNO: Mr. President, is
there a message regarding Assembly 8023
previously passed by both houses and
overridden by the Assembly?
ACTING PRESIDENT KUHL: Yes,
there is.
The Secretary will read.
THE SECRETARY: Assembly Print
Number 8023, by the Assembly Committee on
Rules, an act to amend the Education Law.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Mr. President, I
move to override the Governor's veto of
Assembly 8023.
ACTING PRESIDENT KUHL: The
Secretary will read the title of the bill.
THE SECRETARY: Calendar Number
468, by the Assembly Committee on Rules,
Assembly Print Number 8023, an act to amend
the Education Law, in relation to adjournment
of school district elections and budget votes
in certain school districts.
ACTING PRESIDENT KUHL: The bill
2121
is before the house.
I'll put the motion of Senator
Bruno to override the veto before all of you:
Senators, ought the same become law
notwithstanding the veto of the Governor?
The Secretary will call the roll.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
affirmative.
ACTING PRESIDENT KUHL: Announce
the results.
THE SECRETARY: Ayes, 37. Nays,
24. Party vote.
(Laughter.)
ACTING PRESIDENT KUHL: The
Secretary will announce the results again.
Senator Paterson, you did have a
request to have the party --
SENATOR PATERSON: He seemed to
2122
misunderstand the collegiality and the
collectiveness of this body.
(Laughter.)
SENATOR PATERSON: We voted in
the affirmative, Mr. President.
ACTING PRESIDENT KUHL: The
Secretary will announce the results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT KUHL: The
motion to override the Governor's veto is
carried.
(Applause.)
ACTING PRESIDENT KUHL: Messages
from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
SENATOR BRUNO: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT KUHL: There
are, Senator.
SENATOR BRUNO: Can we take up
them up at this time.
2123
ACTING PRESIDENT KUHL: The
Secretary will read the substitutions.
THE SECRETARY: On page 11,
Senator Marcellino moves to discharge, from
the Committee on Environmental Conservation,
Assembly Bill Number 4081 and substitute it
for the identical Senate Bill Number 893,
Third Reading Calendar 125.
On page 18, Senator Volker moves to
discharge, from the Committee on Codes,
Assembly Bill Number 5422A and substitute it
for the identical Senate Bill Number 2482A,
Third Reading Calendar 278.
On page 21, Senator Hoffmann moves
to discharge, from the Committee on
Agriculture, Assembly Bill Number 380 and
substitute it for the identical Senate Bill
Number 177, Third Reading Calendar 349.
And on page 28, Senator Skelos
moves to discharge, from the Committee on
Codes, Assembly Bill Number 6893A and
substitute it for the identical Senate Bill
Number 2956A, Third Reading Calendar 452.
ACTING PRESIDENT KUHL: The
substitutions are ordered.
2124
We'll return to reports of standing
committees.
The Secretary will read.
THE SECRETARY: Senator Velella,
from the Committee on Labor, reports the
following bills:
Senate Print 2638A, by Senator
Mendez, an act to amend the Workers'
Compensation Law;
And Senate Print 2683A, by Senator
Mendez, an act to amend the Workers'
Compensation Law.
Both bills ordered direct to third
reading.
ACTING PRESIDENT KUHL: Without
objection, all bills reported directly to
third reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could adopt the Resolution Calendar in
its entirety.
ACTING PRESIDENT KUHL: The
motion is to adopt the Resolution Calendar.
All those in favor signify by saying aye.
(Response of "Aye.")
2125
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: If we could go
to the noncontroversial reading of the
calendar.
ACTING PRESIDENT KUHL: The
Secretary will read the noncontroversial
reading of the calendar.
THE SECRETARY: Calendar Number
234, by Senator Volker, Senate Print 2662, an
act to amend Chapter 198 of the Laws of 1978.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT KUHL: The bill
is passed.
2126
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
235, by Senator Morahan, Senate Print 2825, an
act authorizing the Greenwood Lake Union Free
School District.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
269, by Senator Rath, Senate Print 1678, an
act to amend the Penal Law, in relation to
assaults committed in the presence of certain
children.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
2127
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 269 are
Senators Andrews, Hassell-Thompson, and
Montgomery. Ayes, 56. Nays, 3.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
356, by Senator Skelos, Senate Print 2298, an
act to amend the Agriculture and Markets Law,
in relation to detection dogs.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT KUHL: The bill
2128
is passed.
THE SECRETARY: Calendar Number
368, by Senator Saland, Senate Print 1923A, an
act to amend the Penal Law, in relation to
establishing.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
369, by Senator Saland, Senate Print 1924A, an
act to amend the Penal Law, in relation to
custodial interference.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
2129
407, by Senator Hoffmann, Senate Print 3597,
an act to amend the Agriculture and Markets
Law, in relation to wind activities in
agricultural districts.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
417, by Senator Kuhl, Senate Print 3199, an
act to amend the Vehicle and Traffic Law, in
relation to the length of house coaches.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
2130
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
422, by Senator LaValle, Senate Print 3041, an
act to amend the Social Services Law, in
relation to the return of a child.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
442, by Senator Morahan, Senate Print 3036, an
act to amend the Real Property Tax Law, in
relation to providing a tax exemption.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR MORAHAN: Mr. President,
I'd like that bill starred.
2131
ACTING PRESIDENT KUHL: The bill
will be starred at the request of the sponsor.
THE SECRETARY: Calendar Number
446, by Senator Little, Senate Print 2133A, an
act to amend Chapter 80 of the Laws of 2000
amending the Education Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Maltese recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
469, by Senator DeFrancisco, Senate Print
329A, an act to authorize --
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT KUHL: There is
a home-rule message at the desk.
The bill will be laid aside.
2132
THE SECRETARY: Calendar Number
507, by Senator Velella, Senate Print 2844, an
act to amend Chapter 465 of the Laws of 1994.
SENATOR SABINI: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT KUHL: The
Secretary will read the controversial reading
of the calendar.
THE SECRETARY: Calendar Number
368, by Senator Saland, Senate Print 1923A, an
act to amend the Penal Law, in relation to
establishing.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT KUHL: Senator
Saland, an explanation of Calendar Number 368
has been requested by the Acting Minority
Leader, Senator Schneiderman.
SENATOR SALAND: Thank you, Mr.
2133
President.
Mr. President, this is a bill which
is in effect a companion bill with the bill
immediately beneath it, Calendar Number 369.
And what it's intended to do is to make it
easier to deal with the issue of parents who
abduct children by providing that -- a
rebuttable presumption that substituted
service under CPLR 308 will provide knowledge
to a parent who has taken a child.
The reason we resort to substituted
service is because under the existing law, a
parent must in effect have actual notice that
they're taking the child and that it's wrong
for them to do so. By making themselves
unavailable, we never reach that threshold of
whether they really knew what they were doing
when they attempted to remove the child or
attempted to flee the jurisdiction.
This is important because, in order
to be able to avail ourselves of the resources
of the FBI and the missing and abducted or
exploited child organization, we have to
effectively have the ability to issue a felony
warrant.
2134
Well, in the absence of this
service provision, you effectively are
required to give personal service and
establish that somebody actually knows. And
certainly it's a little hard to believe that
somebody who has picked up their child and run
doesn't know, but their own act of running
makes it impossible for you to get the
jurisdiction to enable you to bring in the FBI
resources as would flow from a felony warrant.
ACTING PRESIDENT KUHL: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, if the sponsor would yield for a
question.
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to a question from
Senator Schneiderman?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR SCHNEIDERMAN: There may
not really be any difference, but I'm trying
to determine what the difference is between
2135
this A print and the bill that we previously
voted on, if the sponsor could help me figure
out the difference.
SENATOR SALAND: Senator
Schneiderman, I don't know if there's any --
there certainly is no substantive difference.
And I'm trying to figure out why there is an A
print. And what I'm doing is I'm taking a
look as we speak at -- or reaching for last
year's version of this bill, which I now have
in front of me.
Not being a speed reader, I don't
think there's any difference. I don't know
why there's an A print, unless we changed the
effective date. And no, we did not do that
either.
SENATOR SCHNEIDERMAN: Mr.
President, through you, thank the sponsor.
I'm unable to tell the difference either.
Thank you.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
2136
act shall take effect on the first of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negative and announce the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
469, by Senator DeFrancisco, Senate Print
329A, an act to authorize the Village of
Solvay.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT KUHL: Senator
DeFrancisco, an explanation of Calendar Number
469 has been requested by Senator Krueger.
SENATOR DeFRANCISCO: I'm sorry,
Senator --
ACTING PRESIDENT KUHL: Krueger.
SENATOR DeFRANCISCO: Solvay
2137
School District is in my district. And
they're expanding a school in that district,
the high school.
In order to do it, they have to
expand in one direction or another. The most
feasible way in order to provide a buffer for
the school and the park is to alienate
.69 acres of land that was parkland and, in
exchange, get 2.8 acres that was owned
previously by the school district.
So as a practical matter, it's a
swap of land. And if there's a value
difference, then the school district will pay
the difference in value.
The alienated property that was
part of the park is open, mowed area. It
wasn't anything that had playground equipment
or recreational area. And what the park is
getting in return is wooded area, which also
will provide a buffer for houses in the area.
So basically it's a swap that the
district and the Village of Solvay want to do.
They've given a home-rule message. And that's
why the bill is here before you today.
ACTING PRESIDENT KUHL: Senator
2138
Krueger, why do you rise?
SENATOR LIZ KRUEGER: Thank you.
I rise to speak on the bill.
ACTING PRESIDENT KUHL: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: I thank
you, Senator DeFrancisco, for the explanation.
The reason I asked is because I
thought that in fact the bill highlighted so
well exactly how we should handle alienation
of parkland. This was a situation in your own
district where a school needed to expand, and
it went through the process in its town to
determine that they would do an exchange or
they would guarantee the market value of the
land.
And I just wanted to go on record
as saying that I have concerns, at least for
my city, that we may be starting to violate
those precedents of how important it is to
assure that if you alienate parkland, you do
it through a full public process and you
assure that you're replacing that land or the
market value therein for the community.
So I will be voting for the bill.
2139
And I appreciate the explanation because I
think that Senator DeFrancisco's bill shows
how you handle it correctly to go through the
process of coordinating with the community and
recognizing the critical importance of not
losing any open space in our communities.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, the debate is closed.
The Secretary will read the last
section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
507, by Senator Velella, Senate Print 2844, an
act to amend Chapter 465 of the Laws of 1994.
SENATOR SABINI: Explanation.
SENATOR HASSELL-THOMPSON:
2140
Explanation, please.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, we're trying to find Senator
Velella right now. He's on Senate business,
and we're trying to bring him in for whatever
questions that may be out there.
Mr. President.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: The Senate
will stand at ease till 5:30.
ACTING PRESIDENT KUHL: The
Senate will stand at ease until 5:30.
(Whereupon, the Senate stood at
ease at 4:10 p.m.)
(Whereupon, the Senate reconvened
at 5:30 p.m.)
ACTING PRESIDENT KUHL: The
Senate will please come to order.
Senator Skelos.
SENATOR SKELOS: Thank you, Mr.
President.
There will be a meeting of the
2141
Finance Committee at 5:30 p.m., which is
approximately one minute from now, in the
Majority Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Senate
Finance Committee, immediate meeting of the
Senate Finance Committee in the Majority
Conference Room, Room 332.
SENATOR SKELOS: And for the
purposes of planning, we will also at some
point have an Environmental Conservation
Committee meeting and a Local Governments
Committee meeting.
ACTING PRESIDENT KUHL: Members,
be aware that there will be two additional
committee meetings called off the floor
shortly.
SENATOR SKELOS: And, Mr.
President, if we could stand at ease.
ACTING PRESIDENT KUHL: The
Senate will continue to stand at ease.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: If you could
2142
call up Calendar Number 507, by Senator
Velella.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 507 on the
controversial reading of the calendar.
THE SECRETARY: Calendar Number
507, by Senator Velella, Senate Print 2844, an
act to amend Chapter 465 of the Laws of 1994
amending Chapter 285 of the Laws of 1891.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT KUHL: Senator
Velella, an explanation has been requested by
the Acting Minority Leader, Senator
Schneiderman.
SENATOR VELELLA: Mr. President,
this bill would allow the continuation of the
admission policies which Botanical Gardens in
the Bronx has followed for many years. We
renew this bill every three years. And this
is just a continuation and an annual -- or
every-three-year renewal. Triennial would be
the proper word?
Mr. President, while I'm up, I'd
like to report that part of my microphone here
2143
was stolen. Can we have someone repair my
microphone? Part of it was stolen. Would you
make a note of that?
ACTING PRESIDENT KUHL: So noted,
Senator.
SENATOR VELELLA: Thank you.
ACTING PRESIDENT KUHL: Senator
Sabini, why do you rise?
SENATOR SABINI: Mr. President,
through you, might I ask the sponsor a
question?
ACTING PRESIDENT KUHL: Senator
Velella, do you yield to a question?
SENATOR VELELLA: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR SABINI: I'm just
wondering, in the recent reports in the papers
about the neighbors to the -- the adjacent
neighbors to the Botanical Garden, the
Wildlife Conservation Society having some
budget problems that they claim they're having
and yet they have a large endowment and a
large number of people on their payroll making
lots and lots of money, I was just wondering
2144
if you're aware if there's a similar situation
in the Botanical Gardens and could they do
without charging the public a fee for this
use?
SENATOR VELELLA: I can tell you
that over the years, each time that this is
renewed -- and I've been here for going on to
almost 30 years now, between my service in the
Assembly and the Senate -- that those members
of the Bronx delegation and specifically those
who have the zoo and the gardens in their
districts have always reviewed that policy.
And there are free days for the
community to come in. They come in all day on
Wednesday, and Saturdays in the morning there
is no admission charge.
If we did not charge admission on
the balance of the times, they would be
seeking substantial assistance, more than they
now get from the Legislature, and it would
probably delay our budget by several weeks.
ACTING PRESIDENT KUHL: Senator
Sabini.
SENATOR SABINI: Thank you. On
the bill, Mr. President.
2145
ACTING PRESIDENT KUHL: Senator
Sabini, on the bill.
SENATOR SABINI: I only wanted to
ask the question because of recent news
reports, and I'm delighted to hear that there
are free days that will compensate so the
public can see the flowers bloom without any
fee or charge.
And I intend to support the bill.
Thank you.
SENATOR VELELLA: Senator, you're
a new Senator in the chamber, and I welcome
you, and I say don't believe everything you
read in the news.
(Laughter.)
ACTING PRESIDENT KUHL: Is there
any other Senator wishing to speak on the
bill?
Senator Hassell-Thompson, why do
you rise?
SENATOR HASSELL-THOMPSON: To
speak on the bill, Mr. President.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, on the bill.
SENATOR HASSELL-THOMPSON: Thank
2146
you.
This bill was a little bit delayed
in coming before us, but I'm glad to see that
Senator Velella has put it on the agenda for
this year.
As someone who shares the
boundaries of the Botanical Gardens with
Senator Velella, it is true, Senator Sabini,
that we are fortunate to have some of the
endowments. But I think that what's important
to understand about endowments is that
endowments, like many things, are allocated
specifically for certain types of activities.
And one of those is to keep up the
extraordinary Botanical Gardens, which is one
of the most beautiful in the world that we
have in the Bronx. It is one of our
treasures.
And also, we have just built a
world-class laboratory, which is now a
teaching facility and continues to attract
students from our local schools as a part of
those participations.
So that this fee, while it is
always difficult for us to talk about charging
2147
the public fees for these treasures, these
treasures are costly. And so that I think
that we have done very well not to have asked
for an increase in the fees for both the
Botanical Gardens and the Bronx Zoo for a very
long time.
And as one who spends a tremendous
amount of time and encourages people to visit
those world treasures, which we believe them
to be, I am very grateful that there is the
concern and consideration by our Senator to
ensure that the kinds of things that we have
established there in the Botanicals will
continue to happen.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, debate is closed.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
2148
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe Senator McGee has a motion to make.
Thank you, Senator McGee.
ACTING PRESIDENT KUHL: We will
return to the order of motions and
resolutions.
The chair recognizes Senator McGee.
SENATOR McGEE: Mr. President, on
page number 24 I offer the following
amendments to Calendar Number 406, Senate
Print Number 2777, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT KUHL: The
amendments to Calendar Number 406 are received
and adopted. The bill will retain its place
on the Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
think we'll stand at ease pending the
completion of the Finance Committee meeting.
And following that, there will be a
2149
meeting of the Environmental Conservation
Committee.
ACTING PRESIDENT KUHL: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 5:36 p.m.)
(Whereupon, the Senate reconvened
at 5:43 p.m.)
ACTING PRESIDENT KUHL: The
Senate will please come to order.
Senator Skelos.
SENATOR SKELOS: Thank you, Mr.
President.
There will be an immediate meeting
of the Environmental Conservation Committee in
the Majority Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the
Environmental Conservation Committee,
immediate meeting of the Environmental
Conservation Committee in the Majority
Conference Room, Room 332.
SENATOR SKELOS: Thank you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
2150
Skelos.
SENATOR SKELOS: If we can return
to reports of standing committees, I believe
there's a report of the Finance Committee at
the desk. If we could have it read at this
time.
ACTING PRESIDENT KUHL: We will
return to the order of reports of standing
committees.
There is a report of the Finance
Committee at the desk.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bills:
Senate Print 1400B, Senate Budget
Bill, an act making appropriations for the
support of government, public protection, and
general government budget;
And Senate Print 1405B, Senate
Budget Bill, an act making appropriations for
the support of government, transportation,
economic development, and environmental
conservation budget.
Both bills ordered direct to third
2151
reading.
ACTING PRESIDENT KUHL: The bills
are ordered directly to third reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if you could call up Calendar Number 537.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 537.
THE SECRETARY: In relation to
Calendar Number 537, Senator Johnson moves to
discharge, from the Committee on Finance,
Assembly Bill Number 2100B and substitute it
for the identical Senate Bill Number 1400B,
Third Reading Calendar 537.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
537, Assembly Budget Bill, Assembly Print
Number 2100B, an act making appropriations for
the support of government, public protection,
and general government budget.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR SCHNEIDERMAN:
2152
Explanation.
ACTING PRESIDENT KUHL: Senator
Johnson, an explanation of Calendar Number 537
has been requested by the Acting Minority
Leader, Senator Schneiderman.
SENATOR JOHNSON: Mr. President,
this bill provides $4.6 billion in all funds
spending, a decrease of $26 million or
1 percent from the previous year. It includes
$43.5 million in additions to the Executive
submission, offset by $7.3 million in
reductions.
ACTING PRESIDENT KUHL: Senator
Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT KUHL: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I
appreciate the fact that this bill represents
significant restorations to the budget, the
Executive Budget proposed by the Governor. I
plan to vote against it, however, because
there are still some serious failings, in my
view.
2153
One of the critical problems in the
State of New York is the lack of funding for
legal assistance for the indigent. This is a
critical, critical problem. It is a crisis.
And this legislation would actually reduce
funding by 15 percent for local legal
assistance programs.
This would have a tremendously
serious effect on the New York City Legal Aid
Society and on other organizations around the
state that provide these services. They have
been held back in funding for many years, and
frankly we are entering a period of time in
our state where we have two-tier system of
justice, one system for those who can afford
private attorneys and a far different system
for the indigent.
The bill before us also fails to
fully restore the Executive's elimination of
local government aid to counties which would
provide for financing of HCRA and other
healthcare programs. The alternatives to
incarceration, which are a critical need
around the state, are grossly underfunded by
this bill.
2154
And finally, something that is
close to my heart, since I worked as a deputy
sheriff, this cuts funding for aid to counties
and the City of New York for probation
departments. Our probation officers are
already so overextended that they're in many
cases unable to effectively carry out their
legal mandates. And this would provide for a
further cut.
So I think we are moving in the
right direction. I don't think this bill
redresses all of the problems that we're
facing here. And I would like to see some
further restorations in at least these
critical areas.
There is also the question that has
been raised that we don't yet know where the
revenue is coming from to pay for these
restorations, and that's an issue that is of
concern to some of my colleagues as well.
So I appreciate the sentiments
behind the effort to partially restore the
funds eliminated by the Executive, but this
really doesn't go far enough for my purposes
in these critical areas, and I will be voting
2155
no.
ACTING PRESIDENT KUHL: Senator
Krueger, why do you rise?
SENATOR LIZ KRUEGER: I rise to
speak on the bill.
ACTING PRESIDENT KUHL: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
I too will be voting no on this
bill, and I will start off where Senator
Schneiderman ended. I do not understand how
this house can vote for expenditure budget
bills without having any information about
what the revenue will be for the State of
New York.
We know what a budget is. It is
money in one hand to be spent in another hand.
I am extraordinarily uncomfortable to be asked
to vote on how we spend money outside of the
context of what money we have to spend.
I'm also extraordinarily
uncomfortable with the idea that this house is
being asked to vote for the pluses or minuses
of this bill over what the Governor offered us
2156
outside the context of the entire package of
budget bills.
We all have priorities, even in
tough fiscal years, for how we think state
money should be spent. So I would urge my
colleagues to think carefully about making the
decision to vote for budget expenditure bills
without having the revenue information
available to us. Because surely budgeting in
a vacuum is not the way the State of New York
ought to be operating. So I'll be voting no
and urging others to vote no also.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Brown, why do you rise?
SENATOR BROWN: To speak on the
bill, Mr. President.
ACTING PRESIDENT KUHL: Senator
Brown, on the bill.
SENATOR BROWN: Earlier this week
we passed additional extender bills. And the
question was raised, where is the money for
public education? Why isn't there an extender
that funds public education? And we were told
at that time that there wasn't the money to
2157
fund public education, that the money was not
available.
Like my two colleagues that spoke
before me, I will be voting against this bill
because one of the critical areas to me that I
think we need to be providing for in this
state is the education of our young people.
Now, as you know, we are deferring
$1.6 billion in school aid that was due
May 1st. And the school district, one of the
school districts that I represent, the school
district in Buffalo, will be severely impacted
by this decision. That will mean that
$30.6 million that should be going to the
Buffalo public schools will not arrive.
The position that that will put
Buffalo in is not being able to make payroll
to pay teachers, to pay other city workers, we
are told, on March 6th. I think that is
devastating. By delaying aid to education, we
are almost putting the city of Buffalo out of
business.
I appeal to all of you to consider
what we're doing by delaying the school aid.
The City of Buffalo and other school districts
2158
desperately need that aid. And that is one of
the reasons that I am voting no for this bill
today.
Thank you.
ACTING PRESIDENT KUHL: Senator
Johnson.
SENATOR JOHNSON: I'd like to be
recognized to clear up a couple of questions
that seem to have arisen on this bill.
First of all, the legal aid money,
$3 million, was not included in this bill but
will be in an amendment to a bill we're
passing tomorrow.
As far as education, we're going to
pass the education bill tomorrow and we're
going to pass a bill to make the money
available. So I wouldn't be concerned about
that.
This is just the first bill that
we're looking at, public protection. We're
going to do transportation as well, and we're
going to do a health bill and we're going to
do an education bill. So you'll see these
bills come along.
So I wouldn't read anything into
2159
this bill that doesn't have everything you'd
like to have in all the bills. Know what I
mean?
Thank you.
ACTING PRESIDENT KUHL: Senator
Brown, why do you rise?
SENATOR BROWN: Through you, Mr.
President, would Senator Johnson yield for a
question?
ACTING PRESIDENT KUHL: Senator
Johnson, do you yield to a question from
Senator Brown?
SENATOR JOHNSON: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR BROWN: Senator Johnson,
thank you for clarifying my concern and
indicating that we will be doing an extender
bill for public education.
Will that be the full $1.6 billion
that the school districts are anticipating for
May 1st?
SENATOR JOHNSON: Well, I'd
really prefer to answer that tomorrow. But it
2160
will be $1.1 billion in school aid
restorations. And that will be enough, I
think, to carry them through this year.
They're going to have most of the money they
expected.
SENATOR BROWN: Thank you.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, the debate is closed.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
For the members who are voting in
opposition to the bill, please vote from your
seats so that the Secretary can recognize
where you are and record your vote
accordingly.
THE SECRETARY: Those recorded in
the negative on Calendar Number 537 are
2161
Senators Andrews, Brown, Hassell-Thompson, L.
Krueger, Meier, Montgomery, Onorato, Parker,
Sabini, Schneiderman, A. Smith, and Stavisky.
Ayes, 48. Nays, 12.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Local Governments Committee in the Majority
Conference Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Local Governments Committee,
immediate meeting of the Local Governments
Committee in the Majority Conference Room,
Room 332.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if you could call up Calendar Number 538.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 538.
THE SECRETARY: In relation to
Calendar Number 538, Senator Johnson moves to
discharge, from the Committee on Finance,
Assembly Bill Number 2105B and substitute it
2162
for the identical Senate Bill Number 1405B,
Third Reading Calendar 538.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
538, Assembly Budget Bill, Assembly Print
Number 2105B, an act making appropriations for
the support of government, transportation,
economic development, and environmental
conservation budget.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT KUHL: Senator
Johnson, an explanation of Calendar Number 538
has been requested by the Acting Minority
Leader, Senator Schneiderman.
SENATOR JOHNSON: This bill
covers transportation, economic development,
and environmental conservation. It includes
$6.9 billion in all funds spending, a decrease
of $35 million or 4 percent from the previous
year.
It includes $9.7 million in
additions to the Executive Budget, offset by
2163
$75.5 million in reductions. That
$75.5 million is economic development bills
that will be handled in another piece of
legislation.
ACTING PRESIDENT KUHL: Senator
Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: Mr.
President, on the bill.
ACTING PRESIDENT KUHL: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I will be
voting against this bill for similar reasons
to the last piece of legislation.
Again, this does restore some badly
needed funds, but it falls short of what the
people of this state really need, particularly
in the area of economic development and
environmental protection.
The capital appropriation that we
have made in previous years for the
investigation and remediation of pollution on
state-owned lands has been completely
eliminated by the Executive, and we're not
restoring it. The tourism marketing program
and local tourism promotion programs are
2164
insufficiently funded. Local assistance for
the administration of the state's Empire Zones
program is insufficiently funded. The
Neighborhood Preservation Program and Rural
Preservation Program are severely cut.
And most egregiously, from my point
of view, there is $105 million appropriated
for Superfund, but there's no cash behind it.
It's a dry appropriation.
We are dealing now with an absolute
crisis in the area of brownfields and
Superfund. We still have not been able to
resolve this critical issue. We need money in
the budget to deal with it. The program has
expired. It is a disgrace that New York State
is not proceeding forward.
And if you want to talk about
long-term economic consequences to the state,
our inability to reorganize and fund the
Superfund program is a long-term economic
liability.
For those reasons and the others
mentioned before, I will be voting no on this
piece of legislation.
ACTING PRESIDENT KUHL: Any other
2165
Senator wishing to speak on the bill?
Senator Krueger, why do you rise?
SENATOR LIZ KRUEGER: Thank you,
Mr. President. To speak on the bill.
ACTING PRESIDENT KUHL: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Again --
thank you -- just perhaps an ibid on my
comments on the previous bill: We don't know
revenue, we shouldn't be spending money.
Thank you.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, debate is closed.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 538 are
2166
Senators Andrews, Brown, L. Krueger, Meier,
Montgomery, Onorato, Parker, Sabini,
Schneiderman, A. Smith, and Stavisky. Ayes,
50. Nays, 11.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could just stand at ease. We're going
to wait for certain members on the Local
Governments Committee who wish to vote. And
then I believe we'll be adjourning; we're not
sure until what time.
(Whereupon, the Senate stood at
ease at 6:00 p.m.)
(Whereupon, the Senate reconvened
at 6:29 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
to take their places.
Senator Skelos.
SENATOR SKELOS: Would you please
recognize Senator Hassell-Thompson.
ACTING PRESIDENT KUHL: Senator
2167
Hassell-Thompson, why do you rise?
SENATOR HASSELL-THOMPSON: Thank
you. Mr. President, I wish to request
unanimous consent to be recorded in the
negative on Calendar 538.
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator
Hassell-Thompson will be recorded in the
negative on Calendar Number 538.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT KUHL: There is
none.
SENATOR SKELOS: Please recognize
Senator Smith.
ACTING PRESIDENT KUHL: Senator
Smith, why do you rise?
SENATOR ADA SMITH: Thank you,
Mr. President.
There will be an 11:45 a.m.
conference of the Minority in the Minority
2168
Conference Room tomorrow morning.
ACTING PRESIDENT KUHL: Thank
you.
Senator Skelos.
SENATOR SKELOS: Mr. President,
Senator Bruno has asked me to inform the
members of the Majority that there will be a
conference at 11:00 a.m. tomorrow.
And we are going to adjourn until
noon tomorrow, subject to change. So I would
suggest that all members stay in touch with
their respective leaders in the event the time
is changed.
So there being no further business
to come before the Senate, I move we stand
adjourned until Wednesday, April 30th, at
12:00 noon.
ACTING PRESIDENT KUHL: The
Senate stands adjourned until tomorrow,
Wednesday, April 30th, at noon.
(Whereupon, at 6:32 p.m., the
Senate adjourned.)