Regular Session - April 1, 2004
1631
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 1, 2004
11:10 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will please come to order.
May I ask everyone present to
please rise and join me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we please bow our heads
in a moment of silent prayer.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Wednesday, March 31, the Senate met pursuant
to adjournment. The Journal of Tuesday,
March 30, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President.
On behalf of Senator Moyni --
Morahan, I move that -- it's contagious -- I
move the following bills be discharged from
their respective committees and be recommitted
with instructions to strike the enacting
clause: Senate Bill Numbers 4401, 4402, 4403,
4640, 4893, 5293, 5540, 5686, 5687.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR WRIGHT: On behalf of
Senator Morahan, thank you.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President, I
believe there's a substitution at the desk.
If we could make it at this time.
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ACTING PRESIDENT MEIER: The
Secretary will read the substitution.
THE SECRETARY: Senator
DeFrancisco moves to discharge, from the
Committee on Judiciary, Assembly Bill Number
6639 and substitute it for the identical
Senate Bill Number 2294, First Report Calendar
657.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Skelos.
SENATOR SKELOS: If we could
adopt the Resolution Calendar, with the
exception of Resolution 4203.
ACTING PRESIDENT MEIER: All
those in favor of adopting the Resolution
Calendar, with the exception of Resolution
4203, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar, with exception, is
adopted.
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Senator Skelos.
SENATOR SKELOS: Mr. President,
if you could take up Resolution Number 4203,
by Senator Johnson, have the title read, move
for its immediate adoption, and also open the
resolution for sponsorship.
ACTING PRESIDENT MEIER: The
Secretary will read Resolution 4203.
THE SECRETARY: By Senator
Johnson, Legislative Resolution Number 4203,
memorializing Governor George E. Pataki to
proclaim May 22, 2004, as Maritime Day in the
State of New York.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe Senator Johnson wants to open the
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resolution for sponsorship. If you wish not
to sponsor the resolution, please notify the
desk.
ACTING PRESIDENT MEIER: The
resolution has been opened to the members for
sponsorship. Those wishing not to be on the
resolution, please notify the desk.
Senator Skelos.
SENATOR SKELOS: Mr. President,
Resolution Number 4096, by Senators Rath and
Spano, was previously adopted. If we could
have the title read at this time and then open
it up for cosponsorship.
ACTING PRESIDENT MEIER: The
Secretary will read the title of Resolution
4096.
THE SECRETARY: By Senators Rath
and Spano, Legislative Resolution Number 4096,
memorializing Governor George E. Pataki to
proclaim April 16, 2004, as "Sex Crimes
Against Children and Women Prevention Day" in
the State of New York.
ACTING PRESIDENT MEIER: The
resolution is open for cosponsorship. Members
who do not wish to be a cosponsor, please
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notify the desk.
Senator Skelos.
SENATOR SKELOS: If we could go
to the noncontroversial reading of the
calendar.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of the calendar.
THE SECRETARY: Calendar Number
116, by Senator McGee, Senate Print 2754A, an
act to amend the Highway Law, in relation to
the designation and maintenance of seldom-used
highways.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
209, by Senator Golden, Senate Print 6007B, an
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act to amend the Executive Law, in relation to
directing the Office of the Aging.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
Hold the roll call.
Senator Golden.
SENATOR GOLDEN: On the bill.
ACTING PRESIDENT MEIER: Senator
Golden, on the bill.
SENATOR GOLDEN: The words I have
adopted to describe our philosophy and the
goals of the State Committee on Aging are
independence, dignity, and choice. And this
Bill of Rights does that. These words will
guide us as we develop proposals to help
seniors in this legislative session.
My philosophy is that state
programs should enhance independence, dignity,
and choice, rather than compromise them. Yet
too often governmental programs seem designed
by bureaucrats for bureaucrats, not for
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beneficiaries. They limit choice, they
restrict key decisions to program controllers.
In so doing, they may gain greater control and
predictability, but they compromise the
dignity of their beneficiaries and create
dependencies.
The good that the programs were
intended to do is negated when managers treat
their charges as spreadsheets and forget that
the great purpose of a helping program is to
help people solve their problems, not the
other way around.
This bill establishes principal
state policies concerning the care and quality
of life of seniors in New York and states that
caring services and programs for seniors
should be shaped by the principles of
strengthening independence, affirming dignity,
and maximizing choice, and should recognize
that seniors and their families and intimates
provide a vast potential source of social,
cultural, historic and spiritual enrichment
and leadership.
It requires that SOFA enunciate
these principles in the form of a Bill of
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Rights for seniors and provide ongoing reports
on the progress of the programs in meeting
these principles.
These are principles that should
inform programs for seniors in areas such as
long-term care; support for informal
caregivers, such as family, friends and
neighbors who provide 80 percent of the
personal care and assistance to seniors; aging
in place; prescription drug costs; expanding
choice and promoting ease of access; age
discrimination; personal security; personal
responsibility of families and intimates; and
public investment in healthcare and other
social health programs.
And I thank the Senate for bringing
that to the floor and voting in a positive
direction today.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
312, by Senator Spano, Senate Print 4227, an
act to amend the Alcoholic Beverage Control
Law --
SENATOR SABINI: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
343, by the Assembly Committee on Rules,
Assembly Print Number 8018, an act to amend
the Labor Law, in relation to enacting the
"Apparel Workers' Protection Act."
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
1642
is passed.
THE SECRETARY: Calendar Number
347, by Senator Velella, Senate Print 4828, an
act to amend the Labor Law, in relation to the
duty of an employer.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
403, by Senator Libous, Senate Print 2579, an
act to amend the Mental Hygiene Law and the
Correction Law, in relation to the
reimbursement of costs.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
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roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
410, by Senator Maziarz, Senate Print 1513, an
act to amend the Education Law, in relation to
Regents awards.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
567, by Senator Little, Senate Print 5154, an
act to amend the General Business Law, in
relation to cyber-piracy protections.
ACTING PRESIDENT MEIER: Read the
last section.
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THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
577, by Senator LaValle, Senate Print 5981A,
an act designating state-owned lands located
in Barcelona Neck, Sag Harbor, County of
Suffolk.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
601, by Senator Marcellino, Senate Print 6541,
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an act to amend the Vehicle and Traffic Law,
in relation to suspended licenses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
602, by Senator Spano, Senate Print 6558, an
act to amend the Vehicle and Traffic Law, in
relation to mandatory revocation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
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is passed.
Senator Lachman.
SENATOR LACHMAN: Yes, with your
permission, Mr. Chairman, I'd like to be
recorded no on Calendar Number 116, Bill
Number S2754A.
ACTING PRESIDENT MEIER: Without
objection, Senator Lachman will be recorded in
the negative on Calendar Number 116.
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 MEIER: The
Secretary will conduct the controversial
reading of the calendar.
THE SECRETARY: Calendar Number
312, by Senator Spano, Senate Print 4227, an
act to amend the Alcoholic Beverage Control
Law, in relation to imposition of civil
penalties.
SENATOR SABINI: Explanation.
ACTING PRESIDENT MEIER: Senator
Spano, Senator Sabini has requested an
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explanation of Calendar 312.
SENATOR SPANO: Mr. President,
right now, under the law, the State Liquor
Authority has the right to impose a civil
penalty of up to $10,000 against the holder of
a license -- a restaurant liquor license,
tavern liquor license, or a bottle club liquor
license. What this bill would do is extend
that same provision to cabaret licenses.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you. Mr. President, I rise to request
unanimous consent to be recorded in the
negative on Calendar Number 116.
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ACTING PRESIDENT MEIER: Without
objection, Senator Hassell-Thompson will be
recorded in the negative on Calendar Number
116.
Senator Skelos.
SENATOR SKELOS: Would you please
call up Calendar Number 655.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 655, Senator Skelos moves to
discharge, from the Committee on Local
Government, Assembly Bill Number 10158A and
substitute it for the identical Senate Bill
Number 6614, Third Reading Calendar 655.
ACTING PRESIDENT MEIER:
Substitution ordered.
THE SECRETARY: Calendar Number
655, by Member of the Assembly Weisenberg,
Assembly Print Number 10158A, an act to direct
the governing body of a special assessing
unit.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
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act shall take effect July 1, 2004.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR SKELOS: Would you please
recognize Senator Schneiderman.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I believe I have a motion at
the desk. I request to be heard on it.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senate Print
5986, by Senator Schneiderman, an act to amend
the Labor Law.
ACTING PRESIDENT MEIER: Senator
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Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
This is a motion to bring to the floor a bill
to raise the minimum wage in the State of
New York.
The current minimum wage of $5.15
per hour -- which means that if you're a
full-time worker, you may be trying to live
and support your family on $206 a week -- is
an embarrassment. This is an issue of
fundamental social justice and an issue of
basic human rights.
And I think that it is a great
shame that 12 states have raised the minimum
wage above the federal level, and the great
State of New York refuses to do so, the State
of New York that in an earlier era led the
country in passing laws to make ordinary
working men and women's lives better: child
labor laws, workers' safety laws, laws
regulating hours worked and wages.
And now we're sitting, with the
greatest gap between rich and poor in the
country, doing nothing to help the 750,000
New Yorkers who work at the minimum wage,
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millions of people and their families and
others who would benefit if the minimum wage
was increased who work at a slightly higher
wage.
We're sitting here in this house as
the Assembly passes a bill to raise the
minimum wage so that people don't have to live
on $206 per week -- and in this house, we
refuse to bring the bill to the floor. This
has become the house where laws to help
ordinary men and women come to die.
And if there's ever a clearer issue
of social justice, a clearer issue that could
immediately benefit the millions of
New Yorkers who we purport to represent, it's
the issue of raising the minimum wage.
There has been no adverse
consequence to the economy of the 12 states
that have raised the minimum wage. Studies by
the Economic Policy Institute have
demonstrated conclusively there are no adverse
economic consequences when the federal
government raises the minimum wage. All you
do put money in the pockets of working people
so they're not as dependent on the state, so
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that they can pay for more healthcare, they
can pay for better food and clothing, they can
pay for more shelter. And when you put money
in the pockets of working people, they spend
it in the state. So it's a good thing for the
economy.
And I would respectfully submit
that if we allow this year to go by with this
house once again playing the role of a
graveyard for bills to help working men and
women, then we should go home hanging our
heads in shame. This is something we can do,
we should do immediately. It would
immediately benefit millions of people.
The good that we can do by passing
this bill that has already passed the Assembly
is extraordinary. Our reluctance to do so is
incomprehensible. It is a break with the
tradition of this great state. And, frankly,
it is a breach of an essential American
covenant: people who work full time and play
by the rules should not be in poverty.
Everyone talks about
responsibility. A lot of my colleagues on the
other side of the aisle talk about
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responsibility and the need to reward work.
But we're not rewarding work in this state,
and we need to start doing it.
I hope that we'll bring this bill
to the floor. I hope we will pass it. I urge
everyone to vote yes on this petition. Let's
get something done that helps our constituents
this year. Let's stop doing deals for big
companies and for our friends who have
influence and seek to gain influence in the
political process. Let's do something for the
people we're supposed to be here to represent.
I urge everyone to vote yes on this
petition, Mr. President.
ACTING PRESIDENT MEIER: All
those Senators in favor of the petition out of
committee please signify by raising your hand.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Breslin,
Connor, Diaz, Dilán, Hassell-Thompson, L.
Krueger, Lachman, Montgomery, Onorato,
Paterson, Sabini, Sampson, Schneiderman, A.
Smith, M. Smith, and Stachowski.
ACTING PRESIDENT MEIER: The
petition is lost.
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Senator Skelos.
SENATOR SKELOS: Mr. President,
there being no further business to come before
the Senate at this time, I move we stand
adjourned until Wednesday, April 14th, at
3:00 p.m., intervening days being legislative
days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Wednesday, April 14, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 11:35 a.m., the
Senate adjourned.)