Regular Session - April 15, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 15, 2004
11:02 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Wednesday, April 14, the Senate met pursuant
to adjournment. The Journal of Tuesday,
April 13, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
On page number 36 I offer the
following amendments to Calendar Number 648,
Senate Print Number 6119, and ask that said
bill retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
THE PRESIDENT: You're welcome,
Senator.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar at
this time.
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THE PRESIDENT: All in favor of
adopting the Resolution Calendar please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
Resolution 4218, by Senator Alesi, the
Minority has requested if all members could go
on the resolution.
So if you do not wish to sponsor
the resolution, you should notify the desk.
THE PRESIDENT: Any member who
does not wish to sponsor the latter resolution
please notify the desk.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a resolution at the desk by Senator
Leibell. Could we have the title read and
move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
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THE SECRETARY: By Senator
Leibell, Legislative Resolution Number 4436,
honoring Donald J. McGrath upon the occasion
of his retirement as Philipstown Town Clerk in
2003, after 15 years of distinguished service.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If we could
adopt the resolution.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a resolution at the desk by Senator
LaValle. Could we have the title read and
move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
LaValle, Legislative Resolution Number 4411,
urging Governor George E. Pataki to oppose
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newly proposed federal quotas on New York
fishermen relating to fluke and porgies.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: And if we could
go to the noncontroversial reading of the
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
285, by Senator Maziarz, Senate Print 5857A,
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an act to amend the Alcoholic Beverage Control
Law, in relation to the definition of a motion
picture theater.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
404, by Senator Libous, Senate Print 3403, an
act to amend the Mental Hygiene Law, in
relation to electronic submission.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
THE PRESIDENT: The bill is
passed.
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THE SECRETARY: Calendar Number
420, by Senator Spano, Senate Print 1057B, an
act in relation to allowing Mitchell A. Tutoni
to be reclassified.
THE PRESIDENT: There's a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
539, by Senator LaValle, Senate Print 6348, an
act to amend the Education Law, in relation to
transcripts of meetings.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
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THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
561, by Senator Volker, Senate Print 6321A, an
act to amend the Highway Law, in relation to
the designation of the Police Officer Robert
McLellan Memorial Overpass.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
568, by Senator Little, Senate Print 55 --
SENATOR MARCELLINO: Lay it aside
for the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
596, by Senator Maltese, Senate Print 6374, an
act to amend the Retirement and Social
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Security Law and Chapter 511 of the Laws of
1988.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
616, by Member of the Assembly Tocci, Assembly
Print Number 9778, an act to amend Chapter 266
of the Laws of 1981.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
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621, by Senator Marcellino, Senate Print 805,
an act to amend the Penal Law, in relation to
criminally negligent homicide.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
625, by Senator Meier, Senate Print 1264, an
act to amend the Penal Law, in relation to
permitting a court to impose a sentence.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
THE PRESIDENT: The bill is
passed.
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THE SECRETARY: Calendar Number
630, by Senator Golden, Senate Print 5107, an
act to amend the Penal Law, in relation to
authorizing a two-year period.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
632, by Senator Skelos, Senate Print 5564, an
act to amend Chapter 549 of the Laws of 2000
amending the Civil Rights Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
THE PRESIDENT: The bill is
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passed.
THE SECRETARY: Calendar Number
644, by Senator Volker, Senate Print 5828, an
act to amend the Local Finance Law, in
relation to the sale of municipal obligations.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
THE PRESIDENT: The bill is
passed.
Senator Marcellino, that completes
the noncontroversial reading of the calendar.
SENATOR MARCELLINO: Madam
President, can we return now to the reports of
standing committees and hear the report of the
Rules Committee.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
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from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 5717B, by Senator
Little, an act to amend the Tax Law.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Move to
accept the Rules Committee report.
THE PRESIDENT: All in favor of
accepting the Rules Committee report please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The report is
adopted.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, can we now take up Calendar Number
684.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
684, by Senator Little, Senate Print 5717B, an
act to amend the Tax Law, in relation to
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authorizing the County of Clinton.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Little,
an explanation has been requested.
SENATOR LITTLE: Thank you.
The bill before us today would
increase the local share of the sales tax in
Clinton County by 3/4 of a percent.
There are home-rule messages from
Clinton County, and they believe that there is
a need for this in order to be able to
continue and not to increase property taxes.
THE PRESIDENT: There is a local
fiscal impact note at the desk.
Senator Krueger.
SENATOR LIZ KRUEGER: Madam
President, to speak on the bill.
THE PRESIDENT: You may proceed.
SENATOR LIZ KRUEGER: Thank you.
Well, it's now April 13th -- excuse
me, April 14th, and we -- no, it's April 15th.
It's Tax Day, excuse me. It's April 15th.
We've still not passed a budget in New York
State.
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And in looking at this bill and the
concerns of this county and their need for an
increase in their sales tax, one might
reasonably argue that if we had a budget in
place and if we had a budget in place that was
addressing the needs of our localities, this
county might or might not need to come this
Legislature asking for this increase in their
local sales tax. Because they talk
specifically in their justification in the
fact that their Medicaid costs continue to go
up, that their probation costs are going up
because of a decrease in state reimbursement,
that their nursing home costs are continuing
to increase, that, frankly, they need help
from the State of New York -- and the State of
New York has yet to respond by passing a
budget or even taking up some of the issues
that need to be taken up in this year's budget
to help address the needs of our localities
throughout the state of New York.
And if I was talking for my own
county of Manhattan or New York County and the
City of New York, I can make the same
arguments that Senator Little's county is
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making to us, that they need the State of
New York to be more responsive to the needs of
the localities, and they need the state of
New York not just to have a budget done on
time, but the right budget done.
And so while I was optimistic when
we left for our break that we had come to an
agreement or at least a handshake agreement on
some budgetary reforms -- and I know that the
timelines for those, by definition, will be
long, particularly the institutional
amendments -- the agreements that were made
about an outline for budget reform don't need
to wait for legislative action.
We should be moving forward on the
legislation that was proposed and agreed upon
by both houses as we left town 12 days ago.
We should be moving forward with
budget conferences right now -- we don't need
legislation for that -- so that we can sit
down and hammer out the details of a budget
that is critically needed by the State of
New York.
We should be having ongoing
discussions around the education finance
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funding issues, about health care funding
issues, about a host of important issues
before us here in the Legislature and that the
State of New York and the people of the State
of New York are waiting for.
So while I will vote for this bill,
because I understand and empathize with the
need of this county to move forward in its own
financially responsible way for itself and its
voters and residents, I am disturbed that we
are about to leave session again until next
week, not having made any progress this week
on the budget on education funding formulas,
on health care funding, on some of the other
issues that this one county, and I would
assume probably every county in the state of
New York, is waiting for us to address.
So I sort of leave us with this
reminder that we have very serious work to do,
and we are late.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
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Madam President.
I also will support this bill. But
I think it is, as Senator Krueger indicated,
an example of bad fiscal policy all across the
state.
Senator Little's constituents
shouldn't have to pay more sales tax. We
shouldn't be raising regressive taxes all
around the state. It's another manifestation
of the crisis of fiscal policy in the State of
New York.
And as we sit here today, it is the
midpoint of the 2004 legislative session. The
calendar calls for 60 working days. This is
the 30th day. And I respectfully submit that
given what we've been doing this year, we may
have to have a new definition of "working"
added to the dictionary. Because as of today,
we've only passed 20 bills that have been
signed into law.
Five of them are local sales tax
and revenue bills, such as the one we're doing
today; five chapter amendments to 2003
chapters; one chapter amendment to a 2002
chapter; two bills authorizing specific BOCES
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programs to enter into leases; and five
budget-related bills, including our deficiency
budget.
We've passed 276 one-house bills.
The Assembly has outdone us, as they always
do, and has passed 521 one-house bills. But
we're not here to pass one-house bills. We're
here to pass a good budget and get New York's
fiscal house in order so the people who are
going to be paying this increased sales tax
can have regressive taxes reduced so we can
stop the continued plunge deeper and deeper
into debt for the State of New York and for
our public authorities and for the City of
New York.
We had a budget reform package that
was presented, announced two weeks ago, and we
were told the staffs were going to work over
the break. Not in print, haven't seen
anything, haven't heard anything about it.
This is the state that pioneered
virtually every important piece of social
legislation in the first half of the 20th
century. And it is astonishing that this is
what we've come to. If our goal this year is
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to pass 40 bills that become law, we have
completed our work in the first half of the
session. If our goal is actually to get some
real work done on the problems facing the
State of New York, particularly the budget
problems, we have a long way to go.
So I would respectfully submit that
it is with regret that we should all be voting
for this bill today. It's unfortunate that
the County of Clinton is forced to raise sales
taxes. It is unfortunate -- indeed, bordering
on tragic -- that the City of New York is
cutting back on education programs and had to
raise sales and property taxes while
continuing to subsidize other parts of the
state of New York by over $3 billion a year.
Our house is not in order. This
house is too sleepy, given the disorder in the
state. And I hope we will get to work at a
more vigorous pace in the second half of the
session.
THE PRESIDENT: There is a local
fiscal impact statement at the desk.
Read the last section.
THE SECRETARY: Section 7. This
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act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there isn't,
Senator.
SENATOR SKELOS: There being no
further business to come before the Senate at
this time, I move we stand adjourned until
Monday, April 19th, at 3:00 p.m., intervening
days being legislative days.
THE PRESIDENT: On motion, the
Senate now stands adjourned until Monday,
April 19th, at 3:00 p.m., intervening days
being legislative days.
(Whereupon, at 11:20 a.m., the
Senate adjourned.)