Regular Session - January 7, 2004

    

 
                                                        1



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                              January 7, 2004

                                12:08 p.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary















                                                        2



                           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:    The invocation

                 today will be given by The Most Reverend

                 Howard J. Hubbard, Bishop of the Roman

                 Catholic Diocese of Albany.

                            BISHOP HUBBARD:    Let us pray.

                            Eternal and faithful God, we pray

                 Your blessings upon all who are gathered here

                 for the opening of the 2004 session of the

                 New York State Senate.

                            In Your mighty providence, O caring

                 God, You have endowed our elected

                 representatives with varied gifts of wisdom,

                 resourcefulness, imagination, and foresight,

                 in confronting together how best to meet the

                 needs of a rugged and challenging period in

                 our State's history and to serve the common

                 good of its people.



                                                        3



                            In a world torn by violence and

                 conflict and in a society plagued by multiple

                 problems and limited resources, our public

                 servants need a steady hand, an open mind, and

                 a willing spirit in order to pursue with

                 diligence, cooperation, and collaboration the

                 solutions these crucial times require.

                            Grant them, O God, vision, wisdom,

                 courage, and strength as they begin this new

                 year of 2004, so that they may fashion

                 creative and compassionate responses to the

                 complex problems we face, and so that they may

                 do so in a spirit of civility, harmony, and

                 respectful dialogue.

                            For all this we pray, O

                 compassionate God, in Your sacred name, You

                 who live and reign both now and forever and

                 ever, amen.

                            THE PRESIDENT:    The Secretary

                 will now call the roll to ascertain a quorum.

                            THE SECRETARY:    Senator Alesi.

                            SENATOR ALESI:    Here.

                            THE SECRETARY:    Senator Andrews.

                            SENATOR ANDREWS:    Present.

                            THE SECRETARY:    Senator Balboni.



                                                        4



                            SENATOR BALBONI:    Here.

                            THE SECRETARY:    Senator Bonacic.

                            SENATOR BONACIC:    Here.

                            THE SECRETARY:    Senator Breslin.

                            SENATOR BRESLIN:    Here.

                            THE SECRETARY:    Senator Brown.

                            SENATOR BROWN:    Here.

                            THE SECRETARY:    Senator Bruno.

                            SENATOR BRUNO:    Here.

                            THE SECRETARY:    Senator Connor.

                            SENATOR CONNOR:    Here.

                            THE SECRETARY:    Senator

                 DeFrancisco.

                            SENATOR DEFRANCISCO:    Here.

                            THE SECRETARY:    Senator Diaz.

                            SENATOR DIAZ:    Aqu¡.

                            THE SECRETARY:    Senator Dilan.

                            SENATOR DILAN:    Here.

                            THE SECRETARY:    Senator Duane.

                            SENATOR DUANE:    Here.

                            THE SECRETARY:    Senator Farley.

                            SENATOR FARLEY:    Here.

                            THE SECRETARY:    Senator Flanagan.

                            SENATOR FLANAGAN:    Yes.

                            THE SECRETARY:    Senator



                                                        5



                 Fuschillo.

                            SENATOR FUSCHILLO:    Here.

                            THE SECRETARY:    Senator Golden.

                            SENATOR GOLDEN:    Here.

                            THE SECRETARY:    Senator Gonzalez.

                            (Senator Gonzalez was recorded as

                 present.)

                            THE SECRETARY:    Senator Hannon.

                            SENATOR HANNON:    Here.

                            THE SECRETARY:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Here.

                            THE SECRETARY:    Senator Hoffmann.

                            SENATOR HOFFMANN:    Here.

                            THE SECRETARY:    Senator Johnson.

                            SENATOR JOHNSON:    Here.

                            THE SECRETARY:    Senator L.

                 Krueger.

                            SENATOR L. KRUEGER:    Here.

                            THE SECRETARY:    Senator C.

                 Kruger.

                            (No response.)

                            THE SECRETARY:    Senator Kuhl.

                            SENATOR KUHL:    Here.

                            THE SECRETARY:    Senator Lachman.



                                                        6



                            SENATOR LACHMAN:    Aye.

                            THE SECRETARY:    Senator Larkin.

                            (Senator Larkin was recorded as

                 present.)

                            THE SECRETARY:    Senator LaValle.

                            SENATOR LAVALLE:    Here.

                            THE SECRETARY:    Senator Leibell.

                            SENATOR LEIBELL:    Here.

                            THE SECRETARY:    Senator Libous.

                            SENATOR LIBOUS:    Here.

                            THE SECRETARY:    Senator Little.

                            SENATOR LITTLE:    Here.

                            THE SECRETARY:    Senator Maltese.

                            SENATOR MALTESE:    Here.

                            THE SECRETARY:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Here.

                            THE SECRETARY:    Senator Marchi.

                            SENATOR MARCHI:    Here.

                            THE PRESIDENT:    Senator Bruno, a

                 quorum is present.

                            The chair hands down a

                 communication from the Governor.  The

                 Secretary will read.

                            THE SECRETARY:    "Dear Madam



                                                        7



                 President:

                            "I would appreciate the privilege

                 of appearing before your honorable bodies in

                 joint session on January 7, 2004, at 1 p.m.,

                 or as soon thereafter as may be convenient, to

                 personally deliver my annual message to the

                 Legislature.

                            "Sincerely, George E. Pataki."

                            THE PRESIDENT:    To be filed in

                 the Journal.

                            Happy New Year to everyone.  I look

                 forward to a productive, cooperative session.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 could I ask at this time that the chair

                 recognize Senator Paterson.

                            THE PRESIDENT:    Senator Paterson.

                            SENATOR PATERSON:    Thank you,

                 Madam Chair.

                            I wanted to wish you and Senator

                 Bruno and all of my colleagues -- I won't go

                 through the roll, I'll just collectively wish

                 all of you a Happy New Year.

                            This has been an interesting

                 history of ours for me in my first year as the



                                                        8



                 Democratic Senate leader in this conference.

                            And what I learned really is that

                 no matter how hard an individual tries, no

                 matter how much effort they wage, no matter

                 how much integrity they try to demonstrate,

                 that when a person is alone, and particularly

                 a political figure, that they really can

                 accomplish very little.

                            But when someone has been as

                 fortunate as I have been to benefit from the

                 great assistance of my conference and to be

                 the beneficiary of a great political party and

                 also to have had a cooperative relationship

                 with the Majority in this conference, we can

                 accomplish a great deal.

                            We achieved some objectives in this

                 session, in the first half of it, 2003, that

                 were unprecedented.  We worked together in

                 ways that we never worked before.

                            This conference was actually

                 invited to be part of the New York State

                 Senate Task Force, and we had a cooperative

                 and effective relationship all the way

                 through.  And I'd like to thank Senator

                 Hannon, Senator Meier for their courteous



                                                        9



                 assistance to all of us.

                            Now, in 2004, we hope that

                 cooperation will continue, with a little bit

                 of competition.  This is the biannual

                 referendum on issues and presumably policy.

                 We often differ in terms of what our means to

                 an end are.  But all of us have the same end.

                            We all envision a state where we

                 would have adequate housing, where we would be

                 rid of substance abuse, where we would be rid

                 of crime, where we would be at full employment

                 and have the full use of our educational

                 facilities and our healthcare system.

                            It's what we all want.  We somehow

                 differ at times as to how to get there.  And

                 that competition should not ruin the

                 camaraderie in this chamber, because it is our

                 duty in this democracy to be competitive in

                 those ways and to be competitive at the right

                 times.

                            We don't have to have a campaign

                 all the way through the year, but we're all

                 recognizing that we would like the public to

                 see things in the way that we would most be

                 comfortable.



                                                        10



                            And so it is in that spirit that

                 I'm happy to be back, to wish everyone good

                 health, and to wish that we will always

                 maintain that cordiality among ourselves while

                 at the same time recognizing the integrity

                 that we have in our beliefs, even if those

                 beliefs differ.

                            So I want to thank all of you for

                 your assistance, and particularly Senator

                 Schneiderman, who has run the floor for our

                 conference, and those of you who are also

                 staff members and assist us all to try to

                 recognize that the reason that we've had to

                 increase security, the reason that we have had

                 a higher alert, is because we certainly have a

                 system that, when it works, works better than

                 any other place on this globe.

                            It at times, we feel, may need

                 change.  We're all differing as to how to do

                 that.  But we all are in unison that we try to

                 achieve that ideal.

                            So thank you very much, and it's

                 great to be back.  I actually missed a few of

                 you.

                            (Laughter.)



                                                        11



                            THE PRESIDENT:    Thank you,

                 Senator Paterson.

                            Did he say a few?

                            Senator Bruno.

                            SENATOR BRUNO:    Thank you very

                 much, Madam President.

                            Bishop Hubbard, thank you for your

                 opening prayer and your very appropriate and

                 kind words.

                            And, Madam President, it is great

                 to be rejoined here with you, our friend and

                 our neighbor, and with my colleagues here in

                 the chamber as we open the 2004 Senate

                 legislative session.

                            Senator Paterson has been a very

                 worthy partner, with your colleagues here,

                 throughout this past year and previous years.

                 And we appreciate the support on the Medicaid

                 Task Force, some great things that we have

                 accomplished so far together, and your

                 leadership there with us as we have partnered,

                 David.  And we will continue to partner this

                 year, because the needs of the public are

                 critical to all of us.

                            And I can just pledge to you,



                                                        12



                 Senator Paterson, that we're going to do

                 everything that we can to keep you in your

                 leadership position on that side of the aisle.

                            (Laughter.)

                            SENATOR BRUNO:    You know, it was,

                 I believe, 227 years ago that the Senate first

                 convened, on September 9th in 1977 [sic] in

                 Kingston, New York.

                            1777.  What did I say?

                            (Laughter.)

                            SENATOR BRUNO:    Thank you.  I

                 mean, I can tell -- you constantly hear from

                 the lawyers.  They've got to have the last

                 word.

                            (Laughter.)

                            SENATOR BRUNO:    But we're here

                 now.  And if you think back over our history,

                 that was shortly after the Revolutionary War.

                 We had won our independence here in this state

                 and in this country.  And people elected

                 representatives to represent their best

                 interests.

                            And why did they elect?  Because

                 they knew that a crowd can't really govern as

                 a crowd.  You need representative government.



                                                        13



                            And that's what we represent here.

                 And representative government truly is that.

                 It's people coming together, as we do, in the

                 ways that we do, and discuss what is really in

                 the best interests of the people of this

                 state.

                            And, yes, we have some differences

                 as to how we might get to what is really in

                 the public's best interest.  But our hearts

                 and our minds are in the right places at all

                 times.  And we will continue to have

                 differences.  We will have public debate on

                 those differences.  We will differ and agree

                 with the Executive and with the Assembly.

                            But when it's all said and done, we

                 all recognize and appreciate that we are here

                 with a sacred trust, and that is to represent

                 the hundreds of thousands and the millions of

                 people who are out there who truly look to us

                 to improve the quality of their lives.

                            And just as over 200 years ago,

                 people asked their representatives to help

                 provide for an equal education for all young

                 people.  And we have mandated that in this

                 state.  And the courts have held that we must



                                                        14



                 provide for an equal education for everyone in

                 this state.  And we in this house are

                 committed to that in a prioritized way.

                            And that Medicaid Task Force,

                 critically important.  Forty reforms.  We are

                 going to prioritize.  Because healthcare gets

                 to be one of the most important things in all

                 of our lives.  And we have mandated that

                 everyone have equal access and that the

                 taxpayers get their money's worth as we

                 deliver healthcare.  So that's our commitment.

                            You know, we always struggle over a

                 budget.  This year will be no different.

                 There are estimates of deficits -- $4 billion

                 to $6 billion is what is reported.  We hope

                 that we're in an economic recovery, because we

                 have suffered from a global -- global,

                 truly -- recession.  We felt the effects of

                 9/11 more than any other state in the United

                 States.

                            The Governor provided great

                 leadership.  We were all proud to partner with

                 him in leading this great state, as the Empire

                 State, forward.  And we will continue to

                 partner with the Governor.



                                                        15



                            In a few minutes we're going to go

                 into the Assembly chamber, and we will hear

                 the Governor's State of the State address.

                 And I am positive that the Governor is going

                 to deliver a message of hope, it will be

                 upbeat, it will be creative, and he will

                 address all of the major issues that will be

                 before us that we will look forward to open

                 debate, discussion, and partnering.  All in

                 the best interests of our mutual constituency.

                            You know, it's a new year.  We look

                 back over these years; times have changed.

                 And yet they haven't changed that much when

                 you think about what our priorities are and

                 what they should be.

                            By way of a new year and new life

                 in this session, for those of you that may not

                 be aware, Speaker Silver grandfathered, this

                 past Monday, his tenth child.  Think of that.

                 And here's what's very interesting.  Five boys

                 and five girls.

                            Now, I look forward to working with

                 the Speaker to do the same balance with our

                 budget --

                            (Laughter.)



                                                        16



                            SENATOR BRUNO:    -- as we adopt a

                 budget that will be on time this year, the

                 first time in 18 years.

                            And we're looking forward to that.

                 The Speaker commits to that.  The Governor

                 wants that to happen.  We all want that to

                 happen.  So that's going to be a priority.

                            So what you heard as we went

                 through a journey of last year's session and

                 reconvened this year's session -- and we will

                 have all of the things that we'll have to

                 relate to over these coming months.  And we're

                 going to do it in a committed way, in a

                 positive way, really in a collegial way.

                            So that while we differ and while

                 we debate, we all bear in mind that we're in

                 this together and that our objectives are the

                 same, and that's to truly improve the quality

                 of life for everyone that sends you here, that

                 sends the Governor to his office.

                            So we are committed to that.  And

                 we have to be mindful, all of us, and I know

                 we constantly are, that the liberties that we

                 fought for here, our forefathers, are still

                 being fought for in various parts of the



                                                        17



                 world.  And there are over 3,000 New Yorkers

                 now on foreign soil, putting themselves at

                 risk -- life, injury -- leaving their homes,

                 leaving their families to carry on that fight,

                 that we here in New York and in this country

                 can be free and that people throughout the

                 world will enjoy the same freedoms that we

                 enjoy here in this state and in this country.

                            So we wanted to remember them in

                 our thoughts, in our prayers, and that we wish

                 them godspeed in their work and a safe return

                 home.

                            So I want to thank all of you for

                 your well intentions and your partnering with

                 us, all of you -- in my conference, both sides

                 of the aisle -- because, truly, this is the

                 year for us to go forward.  It's going to be a

                 great year.  It's going to be a positive year.

                 It's going to be the year of recovering and

                 going forward as this great Empire State.

                            So thank you all and thank you,

                 Madam President.  God bless you all.

                            (Applause.)

                            THE PRESIDENT:    Thank you,

                 Senator Bruno.



                                                        18



                            Motions and resolutions.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 I believe there is a concurrent resolution at

                 the desk.  I would ask that the title be read

                 and move for its immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator Bruno,

                 Concurrent Resolution of the Senate and

                 Assembly Number 2873, providing for a joint

                 assembly for the purpose of receiving a

                 message from the Governor.

                            THE PRESIDENT:    On the

                 resolution, all those in favor please signify

                 by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 I have a privileged resolution at the desk.  I

                 would ask that it be read in its entirety and



                                                        19



                 move for its immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 2874, notifying the

                 Governor of a joint session with the Assembly

                 to receive the Governor's message.

                            "RESOLVED, That a committee of two

                 be appointed by Senator Bruno to inform the

                 Governor that the Senate has adjourned its

                 226th Session sine die and has again convened

                 and is organized and ready to proceed to

                 business, and will meet with the Assembly in

                 joint session in the Assembly Chamber at

                 1 o'clock p.m. today, to receive the

                 Governor's message.

                            "RESOLVED, That Senator Bruno

                 appoints such committee, Senator Golden and

                 Senator Parker."

                            THE PRESIDENT:    On the

                 resolution, all those in favor please signify

                 by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)



                                                        20



                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Bruno appoints Senator

                 Golden and Senator Parker to wait upon the

                 Governor.

                            Senator Bruno.

                            SENATOR BRUNO:    And, Madam

                 President, I have another privileged

                 resolution at the desk.  I would ask that it

                 be read in its entirety and move for its

                 immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 2875, notifying the

                 Assembly of a joint session with the Assembly

                 to receive the Governor's message.

                            "RESOLVED, That a committee of two

                 be appointed by Senator Bruno to inform the

                 Assembly that the Senate has adjourned its

                 226th Session sine die and has again convened

                 and is organized and ready to proceed to

                 business, and will meet with the Assembly in

                 joint session in the Assembly Chamber at

                 1 o'clock p.m. today, to receive the



                                                        21



                 Governor's message.

                            "RESOLVED, That Senator Bruno

                 appoints such committee, Senator Flanagan and

                 Senator Diaz."

                            THE PRESIDENT:    On the

                 resolution, all in favor please signify by

                 saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Bruno appoints Senator

                 Flanagan and Senator Diaz to wait upon the

                 Assembly.

                            Senator Bruno.

                            SENATOR BRUNO:    Thank you, Madam

                 President.

                            Our work presently being done here

                 today, I would move that we reconvene in the

                 Assembly chamber to receive the Governor's

                 State of the State message, which will be

                 delivered at 1:00 p.m. today.

                            And we are waiting on the Assembly

                 and checking, as we speak, on whether or not



                                                        22



                 they are finished with their business.  But

                 our delegation will help them understand that

                 we are ready.  And I'm not sure that they are

                 underway, so we are not going to wait.

                            I would move -- do we know? -- that

                 we stand -- there being no further business to

                 come before the Senate, I would move that we

                 stand adjourned until Monday, January 12th, at

                 3:00 p.m., intervening days being legislative

                 days.

                            THE PRESIDENT:    On motion, the

                 Senate now stands adjourned.

                            SENATOR BRUNO:    The Assembly will

                 be here in two minutes, for those of you that

                 count two minutes -- an Assembly two minutes.

                            (Laughter.)

                            THE PRESIDENT:    On motion, the

                 Senate now stands adjourned until Monday,

                 January 12th, at 3:00 p.m., intervening days

                 being legislative days.

                            (Whereupon, at 12:30 p.m., the

                 Senate adjourned.)