Regular Session - January 7, 2004
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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
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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: 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.
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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.
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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
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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.
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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
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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
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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
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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.
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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.)
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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,
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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.
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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
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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.
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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.)
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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
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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.
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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
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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.)
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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
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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
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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.)