Regular Session - April 26, 2004
1923
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 26, 2004
3:04 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
1924
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: With us once
again this afternoon to give the invocation is
the Reverend Peter G. Young, from Blessed
Sacrament Church in Bolton Landing, New York.
REVEREND YOUNG: God never fails
to provide our New York State citizens with
dedicated Senators. May God pour forth His
blessing on our legislators and provide them
with the spirit of courage to accept the many
demands of their elected office.
We ask You this in Your name, now
and forever. Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Saturday, April 24, the Senate met pursuant to
adjournment. The Journal of Friday, April 23,
1925
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.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Madam
President, on page 38 I offer the following
amendments to Calendar Number 542, Senate
Print 4373A, 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 DeFRANCISCO: Also, on
page 41 I offer the following amendments to
Calendar Number 615, Senate Print Number
1926
3045A, and also ask that said bill retain its
place on the Third Reading Calendar.
THE PRESIDENT: Those amendments
are also received, and the bill will also
retain its place on the Third Reading
Calendar.
SENATOR DeFRANCISCO: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR SKELOS: If we could make
them at this time, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 5,
Senator Libous moves to discharge, from the
Committee on Mental Health and Developmental
Disabilities, Assembly Bill Number 9757 and
substitute it for the identical Senate Bill
Number 6829, First Report Calendar 806.
And on page 29, Senator Spano moves
to discharge, from the Committee on Labor,
Assembly Bill Number 8264 and substitute it
1927
for the identical Senate Bill Number 3607,
Third Reading Calendar 346.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Insurance Committee at the desk. I ask that
it be read.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Seward,
from the Committee on Insurance, reports the
following bill direct to third reading:
Senate Print 7181, by Senator
Seward, an act to amend the Insurance Law.
THE PRESIDENT: Without
objection, the bill is reported direct to
third reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a resolution at the desk, 4460, by
Senator Malcolm Smith, which was previously
adopted. Could we please have it read in its
1928
entirety at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Malcolm Smith and all members of the Senate,
Legislative Resolution Number 4460,
memorializing Governor George E. Pataki to
proclaim April 2004 as "Autism Awareness
Month" in the State of New York.
"WHEREAS, It is the sense of this
Legislative Body to memorialize Governor
George E. Pataki to proclaim April 2004 as
'Autism Awareness Month' in the State of
New York; and
"WHEREAS, Autism, the third most
common developmental disability in the United
States, is an affliction occurring in children
before the age of 3, recognized by
unresponsiveness to human contact, deficits in
language development, and peculiar reactions
to environmental stimuli; and
"WHEREAS, Affecting over 26,000
people in the State of New York, the cause of
autism is unknown and is the result of a
neurological disorder. One in 500 children
1929
will be diagnosed with autism. Autism knows
no racial, ethnic or social boundaries, and is
four times more prevalent in boys than girls.
Autism interferes with the normal development
of the brain in the areas of reasoning, social
interaction, and communication skills, causing
those persons with autism to have difficulty
relating to others; and
"WHEREAS, Over the past thirty
years, significant progress has been made in
the area of research, medicine, diagnostic
issues, and therapies for autism, resulting in
improved quality of life for those with autism
and their loved ones; and
"WHEREAS, It is in the interest of
New York State to recognize the achievements
made and to continue these efforts by
promoting the awareness and fostering the
understanding of autism; and
"WHEREAS, 'Autism Awareness Month'
has been recognized nationally since 1996;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to memorialize
Governor George E. Pataki to proclaim
1930
April 2004 as 'Autism Awareness Month' in the
State of New York, and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Honorable George E. Pataki, Governor of
the State of New York, the Autism Coalition of
the Empire State, and the National Alliance
for Autism Research."
THE PRESIDENT: Senator Malcolm
Smith.
SENATOR MALCOLM SMITH: Thank
you, Madam President.
And let me first thank, obviously,
my leader, Senator Paterson, who allowed me to
be at the forefront of this particular issue
and this particular disability that has begun
to impact so many of the families around this
state and around the city.
And we also thank all of my
colleagues. As was read, the entire Senate
has supported this resolution in its entirety.
It was adopted last week with unanimous
consent, and that is very appreciative to
myself and to so many families around the
State of New York.
1931
I don't know, Madam President, if
people are aware of autism and just what it
does to an individual family, the challenge
that it presents to a family, the fact that it
is something that is represented in families
all across this state. Autism has no
boundaries whatsoever, whether it's
regional -- it has no racial boundaries, it
has no religious boundaries. It affects
families from all over the entire State of
New York.
It's increasing at an alarming
rate, they say almost 16 to 17 percent of
families throughout this state. It increases
every year. The number in the State of New
York is close to 26,000 families. They say
one in every 1,000 families has someone
afflicted with this particular disorder around
the country, and within the state it's
somewhere between 1 in 500. And that's based
on the reported numbers. There's also some
statistics that say it's down to as much as
250.
We have had a day today where a
number of advocates have been up here, in
1932
particular who is in the gallery, Andrew
Bauman, and his wife as well, Pam, the
family -- Andrew, Anthony, Amanda, Laura, and
Brian are here also. I see them smiling up
there. Yeah, we're talking about you.
But also the good councilman from
Queens, Councilman Monserrate, who also has a
family member who is also afflicted with this
disorder.
We had a number of constituents, in
particular from Senator DeFrancisco's
district, a young lady by the name of Colleen
Ayres says that the Senator knows her very
well. Senator Farley, a young lady by the
name of Katherine Canavan says that you've
gotten enough letters from her, and she's very
appreciative of all that you've done.
Also, on my side of the aisle,
Senator Montgomery, Senator Dilán, Senator
Hassell-Thompson.
And I'm saying that just to say
that this is a particular disorder that
everyone is affected in almost every district
throughout the state.
We have had an opportunity to speak
1933
to the Governor's representative around some
of the bills which Senator Fuschillo has
introduced on our side, Assemblyman Weisenberg
in the Assembly. It goes to the insurance
matter, goes to the education matter.
And I just believe, Madam
President, that this is a particular disorder
that if we can just raise the awareness --
most people look at this as something that
they saw, whether it was the "Rain Man," in
terms of that particular movie -- it's just
something that doesn't impact on them. It's a
disorder that some people feel that they don't
pay attention to because it can happen at any
time during their child's growth.
And we need to understand, Madam
President, that this is a particular disorder
that needs the attention. Some of these
children are very bright, their IQs are very
bright. And unfortunately, because of that,
there's actually been recommendations that
they stop giving their particular child
medication so that their performance level
decreases so that they can then be allowed to
have the particular insurance cover that
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particular disorder, which I think is a sad
commentary.
I believe, Madam President, that
this day, this month the Governor will
proclaim that autism month is here and that
every month should be focused on this
particular disorder. It is my hope, Madam
President, that this year the legislative
matters that are before both houses is voted
upon and that we will be able to leave this
session proudly saying that yes, we dealt with
education, yes, we dealt with the Medicaid
issue, yes, we dealt with a budget that has a
great deal more money available for different
initiatives that need to be financed.
And I hope that we will then also
allow for this particular disorder to be
addressed so that the many families that are
here today -- Andrew, we appreciate all that
you're doing, and your wife; Councilman
Monserrate -- so that they can leave here
today, get back to the city, get back to their
different places around the state --
DeFrancisco's district as well as Farley's
district, Senator Hassell-Thompson's
1935
district -- and tell their families that we
have raised this awareness, we are doing
something about it.
Again, I want to thank my leader,
Senator Paterson, for helping me raise the
attention to this. I appreciate all my
colleagues as well, for their attention, as
this is a matter that is important to every
single member of the state, the Governor
included.
Thank you very much, Madam
President.
THE PRESIDENT: This resolution
was previously adopted by the Senate on April
20th.
Senator Skelos.
SENATOR SKELOS: Thank you, Madam
President. There's a resolution at the desk,
4621, by Senator Flanagan. Could we please
have it read in its entirety and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Flanagan, Legislative Resolution Number 4621,
1936
congratulating Suffolk County Community
College Michael J. Grant Campus upon capturing
first place in the 2004 New York State Speech
and Debate Championship.
"WHEREAS, It is the intent of this
Legislative Body to commend and pay tribute to
those young people who, by achieving
outstanding success in educational
competition, have inspired and brought pride
to our majestic Empire State; and
"WHEREAS, the Suffolk County
Community College Michael J. Grant Campus
Speech and Debate Team was once again
victorious at the 2004 New York State
Championship in Speech and Debate held at
Hofstra University. This is the second
straight year that the team has won this
prestigious title; and
"WHEREAS, In 2003 Suffolk County
Community College (SCCC) was the very first
community college to earn this title during
the tournament's 58 consecutive years of
operation; and
"WHEREAS, A team of unusually
gifted and capable students is guided by the
1937
coach of the team, Christopher Holfester, a
professor of communications at SCCC who, while
he was a student at Plattsburgh State, was a
member of two championship teams; and
"WHEREAS, SCCC also finished the
tournament with two individual state
champions. Christian Casciola was the
New York State Champion in Persuasive
Speaking, and Ron Staniec won the State
Championship in Oral Interpretation of
Literature. This marks the third year in a
row that SCCC has won the State Championship
in Persuasive Speaking"; and
"WHEREAS, In April 2004, two
students from SCCC forensics reached
semifinals at the National Speech Tournament
in Woodland Hills, California. David
Dickinson won a bronze medal in Programmed
Oral Interpretation, while Ron Staniec earned
a bronze medal in Poetry Interpretation; and
"WHEREAS, Speech and debate, known
as forensics, is the oldest academic subject
still taught in colleges and universities
today. Coined by Aristotle, "forensics" means
speaking for judgment, or competitive
1938
speaking. The dedicated team members are
carrying on this proud tradition and have
received recognition and joy in their
accomplishments; and
"WHEREAS, The 2004 SCCC Speech and
Debate Team members include David Dickinson,
Elizabeth Arcuri, Nancy Hernandez, Megan
Gilroy, Joanna Montanez, Ron Staniec, Corey
Morgan, Cindy Zeis, Jennifer Capotorto,
Christian Casciola, and Elvira Sarkisyan; and
"WHEREAS, It is the sense of this
Legislative Body to commend these young
scholars in recognition of their uncommon
dedication, perseverance and accomplishments,
and wish them a future of purposeful success
and well-being; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate Suffolk County Community College
Michael J. Grant Campus upon capturing first
place in the 2004 New York State Speech and
Debate Championship; and be it further.
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the aforementioned team members and Coach
1939
Christopher Holfester."
THE PRESIDENT: Senator Flanagan.
SENATOR FLANAGAN: Thank you,
Madam President.
Madam President, I have the unique
opportunity today to offer two privileged
resolutions, and there's a complement and a
distinction between the two of them.
First, we have the debate team, the
forensics team, speech and debate, speaking
for judgment. And they are state champions
two years in a row, three years in a row in
persuasive speaking.
We have students who have gone on
to higher accolades in regional and national
competitions. And we ended up having them up
here today after we found out about the
efforts of the basketball team.
So I'm very happy that the debate
team was able to join us today. And we have
the perfect combination of academics and
athletics.
Now, we all want to stand for
higher education. We all talk about our
community colleges, we talk about the SUNY
1940
system. We were joined by Chancellor King
earlier today. This is a great achievement,
not only for the college but certainly for all
these individuals in their own right.
And I looked at some of the things
that they get involved in. They are doing
dramatic interpretation, poetry
interpretation, prose, oral, duo
interpretation, reader's theater, limited
preparation events. And I believe it was
Christian who won an individual award in
persuasive speaking.
And if we pay attention to nothing
else, as people who are involved in government
and certainly electoral politics, part of what
we try and do every day is engage in
persuasive speaking.
So to Coach Holfester, who is a
Plattsburgh graduate, was involved when he was
attending the SUNY system, I wanted to join
with my colleagues from Suffolk County and
congratulate the debate team for their efforts
not only last year but this year and moving
forward.
And I had a chance to chat with at
1941
least Megan in a little detail. She
transferred from St. John's, came right over
to Suffolk, and is now on a championship team.
That speaks well for the college and for
Dr. Pippins, the new president of the college.
And I firmly believe that this is
the kind of thing we should be highlighting
quite a bit. And I'm very proud to say that
the Selden campus happens to be in the
district I represent, where the boy's
basketball team hails from. And the Brentwood
campus is also part of Suffolk County. It's
unique, because the community college is
represented by Senator LaValle, Senator
Johnson, Senator Trunzo, and in my area as
well. So it's a very big campus, and we have
many, many students. But we also have some
champions seated with us here today.
So congratulations to them, to
their coach. We're very proud of you. And
keep up the good work. And I'm very proud to
have you here today in Albany.
Thank you.
THE PRESIDENT: Senator LaValle.
SENATOR LaVALLE: Thank you,
1942
Madam President.
This chamber has consistently felt
very passionate about the community colleges.
Year after year, we have provided funding,
we've worked with our local presidents to make
sure that each and every one of the campuses
can be all that it can be.
Community colleges are so important
to us because it's the gateway to higher
education for people that live in our
community. Today we have the opportunity,
those of us who represent Suffolk County, to
really be very, very proud of the
accomplishments -- great accomplishments,
really -- of both the debate team and the
basketball team that, back to back, have won
championships and displayed to everyone that
students at the community college are every
bit as competitive, every bit as bright as
anyone else attending any other school in our
nation.
Today the debate team is, through
the resolution that Senator Flanagan and the
other Senators are sponsoring, they're talking
about that pride of their accomplishments and
1943
winning over elite four-year institutions.
Our basketball team, winning 52 straight
games, two national championships.
And so we are proud of them. They
should be proud of themselves. And certainly
the legislators from Suffolk County and the
1.4 million people of Suffolk County are
indeed proud of the community college called
Suffolk Community College, its faculty, the
coaches that are involved, and certainly our
students.
Congratulations to you.
THE PRESIDENT: Senator Johnson.
SENATOR JOHNSON: Madam
President, I'd like to add my voice to the
accolades being heaped upon these young men
and women from our district in the Suffolk
Community College. I take great pride in what
the college has done in recent years. And the
college has not done it, but they have helped
to expedite the victories of our basketball
team and our debate team.
I would say that certainly the
coaches deserve a lot of credit, the
youngsters deserve a lot of credit. I'm very
1944
proud to know that six members of my
district -- from Copiague, Bay Shore, Babylon,
Deer Park, Lindenhurst -- are also on this
team and shared in the glory of the debate
victory. I might say, over NYU, another
college where my son happened to go at a very
high price. He thought he got a better
education.
I think community colleges have
really proved that they can educate as well as
anybody if the youngsters are interested in
learning. So I'm very proud of them.
Suffolk Community has also been
very cooperative in the first robotic
competition. You may be aware of that; it was
held on the campus several weeks ago. And
we've had winners among all of our school
districts and regional and national
championships.
So a lot of things are going on in
the community colleges. We're very proud of
you and your accomplishments and the
administration and the coaches who have helped
to get you to this fine point. And I'm glad
you're here.
1945
Thank you.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
I have the best of both worlds in
this particular situation; I represent parts
of both Nassau and Suffolk County. And it's a
pleasure to stand and salute the young men and
women of Suffolk County Community College for
their achievements. I join with my colleagues
from Suffolk County in doing that.
And if anyone has any doubt -- and
we hear it all the time in the media that our
younger generation is not quite what it once
was, it's somehow less than it once was.
Well, I just point to young people like this.
This is the future. They're doing a great
job. They're going to move ahead. And
they're going to be the leaders of tomorrow
because they've proven they can do the job.
We're just hoping down here that
they don't decide to run for public office too
soon. You can put that off for a while, okay?
Go ahead and do your thing. You're doing a
1946
great job. And God bless and good luck in the
future.
THE PRESIDENT: Senator Trunzo.
SENATOR TRUNZO: Not to repeat
what's already been said -- I already
addressed the group this morning and went
through the accolades that were necessary for
this great group of kids, of young people who
have really done an outstanding job and are
very proud of the -- having four members in
both categories who are being honored today as
part of the entire thing.
Suffolk Community College, the
Brentwood Campus is in my district and Senator
Johnson's district. Because I live in
Brentwood and a few of those come from
Brentwood, which made me very proud for
Brentwood, Central Islip, Patchogue and East
Patchogue, the areas I represent.
And with that, I just want to
congratulate them publicly for the
accomplishments that they have done and really
wish them well. And I'm sure they will
survive in the future and be really citizens
of this country that we can all be proud of.
1947
Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
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
hereby adopted.
Congratulations.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there's a resolution at the desk, 4622, by
Senator Flanagan. Could we have it read in
its entirety and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Flanagan, Legislative Resolution Number 4622,
congratulating the Suffolk County Community
College Men's Basketball Team and Coach Rich
Wrase upon the occasion of capturing the 2004
1948
NJCAA Division III Championship.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play and team
spirit, nurtured by dedicated coaching and
strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
developing a sense of fair play and
competition; and
"WHEREAS, The Suffolk County
Community College Men's Basketball Team are
the 2004 NJCAA Division III Champions; and
"WHEREAS, The Suffolk County
Community College Clippers won the NJCAA
Championship for the second consecutive year
by defeating Eastfield College (Texas) 83-81
in overtime, at SUNY Delhi, the traditional
site of the Division III Championship
Tournament; and
"WHEREAS, The Clippers were led by
1949
Tournament MVP Maurice Manning, with 21
points, and Marcele Street, who was named to
the All-Tournament Team, with 11 points and 10
rebounds; and
"WHEREAS, In addition, the Suffolk
County Community College Men's Basketball Team
completed the season with a 34-0 record and
has the longest winning streak in the nation.
The Clippers will enter next season with 52
straight wins, the fourth longest streak in
junior college basketball history; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach Rich Wrase and his team
of outstanding assistant coaches, skilled and
inspirational tutors respected for their
ability to develop potential into excellence;
and
"WHEREAS, The team's overall record
is outstanding, and the team members were
loyally and enthusiastically supported by
family, fans, friends and the community at
large; and
"WHEREAS, The hallmarks of the
Suffolk County Community College Men's
1950
Basketball Team, from the opening game of the
season to participation in the championship,
were a brotherhood of athletic ability, of
good sportsmanship, of honor and of
scholarship, demonstrating that these team
players are second to none; and
"WHEREAS, Athletically and
academically, the team members have proven
themselves to be an unbeatable combination of
talents, reflecting favorably on their school;
and
"WHEREAS, Coach Rich Wrase and his
staff have done a superb job in guiding,
molding and inspiring the team members toward
their goals; and
"WHEREAS, Sports competition
instills the values of teamwork, pride and
accomplishment, and Coach Rich Wrase and his
outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition of their school; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Suffolk County Community
1951
College Men's Basketball Team, its members --
Greg Cerillo, Justin Hubbard, Vernon Alonzo,
Antwan Foster, Aaron Cummings, Amiel Thomas,
Alvin Dennis, Joseph Thomas, Antonio Taylor,
Dave Maldonado, Anton Cheese, Marcell Bryant,
Marcele Street, and Maurice Manning --
Assistant Coaches Pat Policastro, Eric Brown,
and Jim McGowan, and Coach Rich Wrase, on
their outstanding season and overall team
record; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Suffolk County Community College Men's
Basketball Team and to Coach Rich Wrase."
THE PRESIDENT: Senator Flanagan.
SENATOR FLANAGAN: Thank you,
Madam President, again.
This is the second resolution, as I
mentioned earlier, for the national champions.
And I want to repeat that, national champions
two years running, 52-game winning streak.
They will enter next year with that streak
intact. We hope that they will continue to go
on. I believe it's the fourth longest streak
in collegiate history. And it is obviously
1952
something the community college is again very
proud of.
And we wanted to bring these young
men up, and their coaches, because I know, and
I had expressed this earlier today, we did
have a national champion here from the State
of New York not too long ago, Syracuse
University, and we thought it was appropriate
that if they're going to be congratulated that
we should be taking time out and making sure
that we are applauding their individual
efforts and their collective efforts as a team
for their national recognition.
But I do want to add they had an
exciting season. They had three overtime
wins, including the championship game. And
their win was 83-81. And certainly they had a
21-point lead. It sort of dwindled away in
the second half, a little trouble with the
foul shooting. But we know that in the end
that they prevailed in the overtime.
Hey, look, I read it all in the
paper, so I'm only repeating what I heard in
the media.
The bottom line is, it's still a
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52-game winning streak. And it all comes
together as a team. And I know that, you
know, again, my colleagues certainly want to
add their voices to this.
And we also are joined by Athletic
Director Art Del Duca, who obviously works
with Clippers on a daily basis.
And that's it, folks. I just
wanted to make sure that we make a
congratulatory note for all of these people,
because they certainly deserve it.
And as Senator Flanagan said
previously, this is a great opportunity
looking forward. Take this, enjoy what you've
done to this point, but use it as an
opportunity to grow and continue to prosper
academically and otherwise.
Thank you, Madam President.
THE PRESIDENT: The question is
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
1954
adopted.
(Standing ovation.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
24, by Senator Larkin, Senate Print 1189, an
act to amend the Vehicle and Traffic Law, in
relation to authorizing the City of Newburgh.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
451, by Senator Rath, Senate Print 3572, an
act to amend the Domestic Relations Law and
1955
the Family Court Act, in relation to the child
support obligation.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
463, by Senator Maziarz --
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MARCELLINO: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
477, by Senator Fuschillo --
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MARCELLINO: The
bill is laid aside set for the day.
THE SECRETARY: Calendar Number
1956
570, by Senator LaValle, Senate Print 825A, an
act in relation to authorizing The Place For
Learning, Incorporated, located in the Town of
Riverhead.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
588, by Member of the Assembly Wright,
Assembly Print Number 9925, an act to amend
Chapter 92 of the Laws of 2001.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
1957
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
622, by Senator Morahan, Senate Print 1034A,
an act to amend the Penal Law and the Criminal
Procedure Law, in relation to fixing
sentences.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MARCELLINO: The
bill is laid aside.
THE SECRETARY: Calendar Number
627, by Senator McGee, Senate Print 3315A, an
act to amend the Criminal Procedure Law, in
relation to eligibility for youthful offender
status.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MARCELLINO: The
bill is laid aside.
THE SECRETARY: Calendar Number
648, by Senator Marcellino, Senate Print
6119A, an act in relation to authorizing the
Huntington Hebrew Congregation to file an
1958
application.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
653, by Senator Skelos, Senate Print 6384A, an
act to authorize the Shiloh Baptist Church to
file an application.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
1959
THE SECRETARY: Calendar Number
685, by Senator Larkin, Senate Print 1185, an
act to amend the General Municipal Law, in
relation to establishing the Village of Kiryas
Joel Industrial Development Agency.
ACTING PRESIDENT MARCELLINO:
There is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 685 are
Senators Duane, L. Krueger, and Stachowski.
Ayes, 51. Nays, 3.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
686, by Senator Meier, Senate Print 1276A, an
act to amend the Town Law, in relation to
increasing the amount that may be
appropriated.
ACTING PRESIDENT MARCELLINO:
1960
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
690, by Senator DeFrancisco, Senate Print
6447, an act to amend Chapter 306 of the Laws
of 1998.
ACTING PRESIDENT MARCELLINO:
There is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
1961
691, by Senator Seward, Senate Print 6554, an
act to legalize, validate, ratify and confirm
certain actions taken by the Village of
Richfield Springs.
ACTING PRESIDENT MARCELLINO:
There is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Thank you, Mr.
President. If we could go to the
controversial reading of the calendar.
ACTING PRESIDENT MARCELLINO: The
Secretary will read.
THE SECRETARY: Calendar Number
622, by Senator Morahan, Senate Print 1034A,
an act to amend the Penal Law and the Criminal
1962
Procedure Law.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect on the first of
November.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
2. Senators Dilán and Duane recorded in the
negative.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
627, by Senator McGee, Senate Print 3315A, an
act to amend the Criminal Procedure Law, in
relation to eligibility for youthful offender
status.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MARCELLINO:
1963
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
2. Senators Andrews and Duane recorded in the
negative.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: Shortly, we will
be calling a meeting of the Finance Committee.
But at this time, is there any
housekeeping at the desk?
ACTING PRESIDENT MARCELLINO:
Yes, there is, Senator. We have a motion.
Senator Fuschillo, please.
SENATOR FUSCHILLO: Thank you,
Mr. President. On behalf of Senator Larkin,
on page number 32 I offer the following
amendments to Calendar Number 419, Senate
Print Number 5868, and ask that said bill
retain its place on Third Reading Calendar.
1964
ACTING PRESIDENT MARCELLINO: So
ordered.
Senator Skelos.
SENATOR SKELOS: Recognize
Senator Hassell-Thompson, please.
ACTING PRESIDENT MARCELLINO:
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. I request unanimous
consent to be recorded in the negative on
Calendar Numbers 622 and 627.
ACTING PRESIDENT MARCELLINO:
Without objection, so ordered.
SENATOR HASSELL-THOMPSON: Thank
you.
SENATOR SKELOS: Mr. President,
if we could stand at ease, please.
ACTING PRESIDENT MARCELLINO: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:40 p.m.)
(Whereupon, the Senate reconvened
at 3:51 p.m.)
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
1965
SENATOR SKELOS: Please recognize
Senator Bonacic.
ACTING PRESIDENT MARCELLINO:
Senator Bonacic.
SENATOR BONACIC: Thank you, Mr.
President.
I ask for unanimous consent to be
recorded in the negative on Calendar Number
570, Senate Bill 825A -- that's a LaValle
bill -- Calendar Number 648, Senate Bill
6119A -- that's your bill, Mr. President --
ACTING PRESIDENT MARCELLINO: I
won't take it personally.
SENATOR BONACIC: And the third
one is Calendar Number 653, Senate Bill 6384A,
Senator Skelos's bill.
ACTING PRESIDENT MARCELLINO: So
ordered.
SENATOR BONACIC: Thank you.
SENATOR SKELOS: We'll stand at
ease, Mr. President.
ACTING PRESIDENT MARCELLINO: We
will return to being at ease.
(Whereupon, the Senate stood at
ease at 3:56 p.m.)
1966
(Whereupon, the Senate reconvened
at 3:57 p.m.)
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MARCELLINO:
There will be an immediate meeting of the
Senate Finance Committee in the Majority
Conference Room.
The Senate will stand at ease
pending the results of that meeting.
(Whereupon, the Senate stood at
ease at 3:58 p.m.)
(Whereupon, the Senate reconvened
at 4:08 p.m.)
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk. I ask that be
read.
1967
ACTING PRESIDENT MARCELLINO: The
Secretary will read the report of the Finance
Committee.
Can we have your attention, please,
ladies and gentlemen.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations:
As a member of the Battery Park
City Authority, Charles J. Urstadt, of
Bronxville.
As members of the Dormitory
Authority, John B. Johnson, of Watertown, and
Anthony B. Martino, of Buffalo.
As members of the Capital District
Transportation Authority, James S. Cappiello,
of Albany; Henry S. DeLegge, of Schenectady;
Joseph Parillo, Jr., of Schenectady; and Wayne
L. Pratt, of Rensselaer.
As a member of the Port Authority
of New York and New Jersey, David S. Mack, of
Kings Point.
As a member of the State Athletic
Commission, Jerome M. Becker, Esquire, of
New York City.
1968
As director of the Municipal
Assistance Corporation for the City of
New York, Joel B. Mounty, of Scarsdale.
As members of the State Hospital
Review and Planning Council, James J. Daly, of
Lawrence; Alan Kopman, of Oceanside; and James
K. Reed, of Cohoes.
As a member of the New York State
Office of Science, Technology and Academic
Research Advisory Council, George Campbell,
Jr., Ph.D., of New York City.
As members of the Board of Visitors
of the Capital District Developmental
Disabilities Services Office, Penelope A.
Pajak, of Scotia; Rain Ripple, of Scotia; and
Kathe R. Sheehan, of Scotia.
As a member of the Capital District
Psychiatric Center, Carrie S. Taylor, of
Delmar.
As members of the Board of Visitors
of the Central New York Developmental
Disabilities Services Office, James R. Iles,
of Clay, and June C. McCarrell, of Ilion.
As a member of the Central New York
Psychiatric Center, Aileen Theresa Townsend,
1969
of Oriskany.
As a member of the Board of
Visitors of the Metro New York Developmental
Disabilities Services Office, Claudia H.
Jackson, of the Bronx.
And as a member of the Board of
Visitors of the Mohawk Valley Psychiatric
Center, Maryrose Eannace, Ph.D., of Clinton.
ACTING PRESIDENT MARCELLINO:
Senator Johnson.
SENATOR JOHNSON: Move the
nominations, please.
ACTING PRESIDENT MARCELLINO:
Thank you, Senator Johnson.
The question is on the confirmation
of the appointees to the offices as read by
the Secretary. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: The
appointees are confirmed.
The Secretary will read.
1970
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bills:
Senate Print 7192, by the Senate
Committee on Rules, an act making
appropriations for the support of government;
And Senate Print 7193, by the
Senate Committee on Rules, an act to amend the
State Finance Law.
Both bills ordered direct to third
reading.
ACTING PRESIDENT MARCELLINO:
Without objection, so ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please recognize Senator Parker.
ACTING PRESIDENT MARCELLINO:
Senator Parker.
SENATOR PARKER: Mr. President, I
request unanimous consent to be recorded in
the negative on Calendar Number 622, Senate
Bill Number S1034A.
ACTING PRESIDENT MARCELLINO: So
ordered, without objection.
Senator Alesi.
1971
SENATOR ALESI: Thank you, Mr.
President. May we stand at ease while we
await a message from the Governor.
ACTING PRESIDENT MARCELLINO: The
Senate will be at ease pending the message
from the Governor.
(Whereupon, the Senate stood at
ease at 4:14 p.m.)
(Whereupon, the Senate reconvened
at 4:19 p.m.)
ACTING PRESIDENT MARCELLINO:
Senator Alesi.
SENATOR ALESI: Thank you. Mr.
President, would you recognize Senator Skelos,
please.
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: Thank you, Mr.
President. Before we proceed, I'd just like
to announce to the members that there is a
very proud, beaming grandfather, new
grandfather, first grandchild, amongst us, and
that's Senator Dale Volker.
So, Dale, congratulations.
(Applause.)
1972
ACTING PRESIDENT MARCELLINO:
Senator Alesi.
SENATOR ALESI: Thank you. Mr.
President, may we take up Calendar Number 813
at this time.
ACTING PRESIDENT MARCELLINO: The
Secretary will read Calendar Number 813.
THE SECRETARY: Calendar Number
813, by the Senate Committee on Rules, Senate
Print 7192, an act making appropriations for
the support of government.
ACTING PRESIDENT MARCELLINO:
Senator Alesi.
SENATOR ALESI: Thank you. Mr.
President, is there a message of necessity and
appropriation at the desk?
ACTING PRESIDENT MARCELLINO:
Senator, there is a message of necessity and
appropriation at the desk.
SENATOR ALESI: Move to accept.
ACTING PRESIDENT MARCELLINO: All
in favor of accepting the message of necessity
and appropriation signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
1973
Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MARCELLINO: The
message is accepted.
The Secretary will read the last
section.
THE SECRETARY: Section 26. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:
Senator Krueger, to explain her vote.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
So yet again, the end of April, we
have not moved forward on the budget. We are
doing another extender bill. We've not
appeared to make any progress. Perhaps we
have, but since we've still not called for
conference committees on the budget, we've
still not moved forward on legislation as we
committed to on budget reform proposals, the
people of New York have no reasonable
expectation that we are moving forward on the
1974
budget -- other than it's another week, we're
doing another extender bill, and we are again
failing the State of New York and the people
of the State of New York by not coming
together, negotiating out the tough issues we
know we face, and passing the best budget we
can as a dual house of the Legislature.
So again, I am voting no on this
bill and urging my colleagues: Coordinate,
work together, both parties, both houses,
create conference committees on the budget,
move forward on the legislation to reform this
budget process that we know has failed us all,
that we have agreed we should be doing
something about. Even moving forward on the
budget reform legislation would be showing the
people of New York that we recognize that we
have a problem, that we are part of that
problem, but at least we would be trying to
make progress rather than coming back another
week for another extender.
I'm voting no, Mr. President.
Thank you.
ACTING PRESIDENT MARCELLINO:
Senator Krueger will be recorded in the
1975
negative.
The Secretary will read the
results.
I'm sorry. Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. To explain my vote.
I am also going to be voting no on
this bill. And I guess we'll have further
discussion in connection with the next bill.
But we have now passed a
considerable period of time since the
constitutional deadline for a budget with
absolutely no apparent progress. This is not
a situation, I believe, in which the state's
dire fiscal circumstances are holding us up.
And this is not a situation in
which there is some conflict that couldn't be
resolved if people of goodwill got in a room
together. The problem is no one is in the
room. In fact, people who are not even of
goodwill together could probably resolve this
if they would get into the room.
But I think that it's important for
us as a body and as the house in the
Legislature that prides itself on timeliness
1976
and efficiency to start to be a little more
assertive about the unacceptable nature of
this process.
I ask to be recorded in the
negative, and I would urge that we have to do
something better than one-week extenders as we
move into the next week of May.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman will be recorded in the
negative.
Announce the results, please.
THE SECRETARY: Those recorded in
the negative on Calendar Number 813 are
Senators Duane, L. Krueger, Sabini, and
Schneiderman. Ayes, 56. Nays, 4.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we take up Calendar 817 at
this time, please.
ACTING PRESIDENT MARCELLINO: The
Secretary will read.
THE SECRETARY: Calendar Number
817, by the Senate Committee on Rules, Senate
1977
Print Number 7193, an act to amend the State
Finance Law, in relation to establishing.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MARCELLINO:
There is a message of necessity at the desk.
SENATOR ALESI: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MARCELLINO:
There is a message, Senator Alesi.
SENATOR ALESI: I move to accept.
ACTING PRESIDENT MARCELLINO: All
in favor.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed?
(Response of "Nay.")
ACTING PRESIDENT MARCELLINO: The
message is accepted.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MARCELLINO:
Senator Johnson, an explanation has been
requested.
SENATOR JOHNSON: This is a very
1978
short bill which does very little except
reinstitute the transportation safety account,
which expired March 31st. It reestablishes
that so that we may pay the outstanding
liabilities and obligations.
And this will again expire
July 1st. It's the end of that one account,
which we don't have to worry about that in the
future.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Once
again, we see the consequences of our failure
to act. This is another provision that deals
with a very critical set of issues to our
state, transportation, and this is an account
that expired already.
I think that the message today is,
and hopefully as we go forward -- and this is
a one-week extender. Maybe we can try and get
a little more enthusiasm in this house for
1979
less of an acquiescent attitude as we hit the
next round of extenders.
We can't keep this sort of
legislative methadone program coming forever
where we're really not kicking the habit but
we're really not getting off the habit either.
We keep passing extenders. We're not
meeting -- the budget committees are not
meeting, we don't have anything going by any
way of any sort of collaborative effort with
the Assembly. And it's really very, very
difficult to convey to our constituents that
we're trying to work on something when there's
no progress being made.
I vote no. I would urge my
colleagues to vote no and for this house to
start to take a stronger stance on this issue.
And I'd like to come back to a proposal
Senator Paterson made and reiterated on
March 31st when he rolled out a budget
proposal, balanced, no more expenditures than
the Governor called for, found the money to
solve the financing problems for high-need
school districts. And he proposed, once
again, let's stay here until we get the budget
1980
done.
If anyone else has a better
suggestion that we're going to implement as a
house of the Legislature, I'd love to hear it.
But it's time for the Senate to actually do
something to try and get this process going.
I'm going to vote no on these
extenders because I do think it's the
equivalent of a methadone program and we've
got to do a little bit better than this.
Thank you.
ACTING PRESIDENT MARCELLINO:
Read the last section, please.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 817 are
Senators L. Krueger, Sabini, and Schneiderman.
Ayes, 57. Nays, 3.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Alesi.
1981
SENATOR ALESI: Mr. President, is
there any housekeeping at the desk?
ACTING PRESIDENT MARCELLINO: I
understand the house is clean, sir.
SENATOR ALESI: There being no
further business, I move we adjourn until
Tuesday, April 27th, at 3:00 p.m.
ACTING PRESIDENT MARCELLINO: The
Senate will stand adjourned until Tuesday,
April 27th, at 3:00 p.m.
(Whereupon, at 4:27 p.m., the
Senate adjourned.)