Regular Session - May 19, 2004
2525
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 19, 2004
3:06 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
2526
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 this
afternoon to give the invocation is the
Reverend William Miller, senior pastor from
Central Baptist Church in Binghamton,
New York.
REVEREND MILLER: Thanks for the
privilege. Can we pray together?
Lord, we bow our heads and we bow
our hearts before You, thanking You for this
day, thanking You for the great country that
we live in and for this great state. I thank
You for this privilege.
And, Lord, I do pray that today, as
these men and women deliberate and discuss,
that they would use the human wisdom that You
have given to them, but that they would look
to You for divine wisdom as well.
2527
We pray for all of those inside and
outside of this room that serve us, that
protect us, that defend us, and we pray Your
blessing on our state.
In Jesus' name, Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, May 18, the Senate met pursuant to
adjournment. The Journal of Monday, May 17,
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.
The Secretary will read.
THE SECRETARY: Senator
DeFrancisco, from the Committee on Judiciary,
reports the following nominations.
As a justice of the Supreme Court
the 10th Judicial District, Ruth C. Balkin, of
2528
East Rockaway.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Madam
President, I'm proud to rise to move the
nomination of Ruth C. Balkin for justice of
the Supreme Court of the 10th Judicial
District.
She appeared before our committee,
unanimously was referred to the full house for
the confirmation, and she was determined to be
well qualified.
I'd like the chair, if you would,
to recognize Senator Fuschillo to second the
nomination.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
It's one of those rare occasions
that I have the opportunity to rise and
commend Governor Pataki on the appointment
today of a distinguished jurist from Nassau
County and the Family Court. She comes from a
long history, with her mother a retired jurist
2529
as well.
But one of the things that I admire
most about Judge Balkin is the integrity that
she has brought to the bench. And in a time
where we are looking for greater public
confidence in our public servants and
community servants, Judge Balkin certainly
raises the bar of that.
I commend you. I congratulate you
on your appointment. And I wish you the best
of luck.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Marcellino.
SENATOR MARCELLINO: Yes, Madam
President.
It is with pleasure that I rise to
second the nomination of Ruth Balkin, whom
I've known for many, many years.
She is a fine person, a fine
jurist. She's been well trained by her
mother, who knows exactly what to do and how
to do it. She's good people. This is the
kind of person I want on the bench. This is
kind of person that instills confidence in me
2530
that the bench of the State of New York is
being to be well served.
It's with pride that I stand up to
second the nomination of Ruth Balkin.
THE PRESIDENT: The question is
on the nomination of Ruth C. Balkin, of East
Rockaway, as a justice of the Supreme Court of
the 10th Judicial District. All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'd
like to again rise, to move the nomination of
Roger Bohrer, of East Northport, as judge of
the Suffolk County Court.
He also appeared before the
Judiciary Committee, was found to be well
qualified, and unanimously was referred to
this full body for confirmation.
I request that the chair recognize
Senator Flanagan for a seconding.
2531
THE PRESIDENT: The Secretary
will first read the nomination.
THE SECRETARY: As a judge of the
Suffolk County Court, Roger H. Bohrer, of East
Northport.
THE PRESIDENT: Senator Flanagan.
SENATOR FLANAGAN: Madam
President, I would defer for the moment to my
good friend and colleague Senator Marcellino.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President. Thank you, Senator Flanagan.
It's a pleasure again to rise to
see that someone who is well deserving and
served his community and served his profession
well gets something that he has desired for
many, many years.
Roger Bohrer will be an excellent
judge. He's a fine person, fine member of the
community, fine member and active member of
the Suffolk County Bar Association, has been a
member of many different community
organizations and community groups.
He has but one failing that I'm
2532
aware of: he helped me get elected to the
State Senate many years ago, something for
which I personally thank him, but there may be
some others in this room that might not.
So, Roger, thank you very much. We
wish you well. We're joined by our colleagues
Assemblyman Conte and Assemblyman Raia from
the other house. They're here to wish you
well as well.
And again, it's a pleasure to
stand. You're going to do a great job. I
wish you Godspeed and all the assistance that
I can possibly give you.
Thank you, ladies and gentlemen.
THE PRESIDENT: Senator Flanagan.
SENATOR FLANAGAN: Thank you,
Madam President.
This is really a distinct honor and
a pleasure for me. Roger Bohrer has been a
good friend to my family and to me personally
for many years.
And just briefly on his background,
he -- probably the most notable portion of his
background for me personally was when he
served on the Zoning Board of Appeals in the
2533
town of Huntington for a number of years,
serving as a member, as its chair, and someone
who really left his mark and imprimatur in a
positive way on a lot of things that happened
in the town of Huntington.
He was on the 18B panel, he's been
involved in guardianship for years, the ethics
committee, the grievance panel. He's had a
very distinguished career.
And the one thing that I would
suggest is that if patience is a virtue, then
Roger Bohrer is a great example of that and a
very patient man.
But I would be remiss if I didn't
take the opportunity to congratulate him and
at the same time talk about his beautiful,
lovely wife, Veronica, otherwise known as
Ronnie, who we should probably be making her a
judge for all the work that she's done through
the years.
But to Ronnie Bohrer and to the
Bohrer children who are here -- Kristine,
Karin, and Mark, they took time out to be here
for their father today and to be with their
mother -- it really is, I consider it a
2534
privilege to join my colleagues and my
Assembly colleagues to honor Roger Bohrer.
He will be a great addition to the
County Court in Suffolk, and I'm very proud to
stand here before you today and second his
nomination.
Roger, Ronnie, congratulations.
THE PRESIDENT: All in favor of
the nomination of Roger H. Bohrer, of East
Northport, as judge of the Suffolk County
Court, please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
At this time I want to acknowledge
the presence of Judge Balkin, who is
accompanied -- Judge Balkin, Supreme Court
justice -- with her family, her mother,
Pauline, who is a retired Family Court judge
in Nassau County, and her friends, Deborah
Mehr and Maureen McLoughlin.
Congratulations, Judge Balkin.
(Applause.)
2535
THE PRESIDENT: And also I want
to acknowledge the presence of Judge Bohrer
here. He is accompanied by his wife,
Veronica, his daughters Karin and Kristine,
and his son, Mark.
Congratulations, Judge Bohrer.
(Applause.)
THE PRESIDENT: The Secretary
will continue to read.
THE SECRETARY: As judge of the
Erie County Family Court, Deborah A.
Haendiges, of Amherst.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I'm again
pleased to move the nomination of Deborah A.
Haendiges, of Amherst, as judge of the Erie
County Family Court.
She also appeared before the
committee this morning, was determined to be
well qualified, and was unanimously referred
for confirmation to the full Senate.
I would request that the chair
recognize Senator Rath to second the
nomination.
2536
THE PRESIDENT: Senator Rath.
SENATOR RATH: Thank you,
Chairman DeFrancisco.
And I rise with a great deal of
pleasure to second the nomination of Debby
Haendiges for the Family Court in Erie County.
This is a young woman who has
really known what she wanted to do ever since
she went to law school -- of course, at the
University of Buffalo, which is such a premier
law school here in the state of New York. It
has so many of the people on the bench and bar
in Western New York.
And Debby came in and spoke with me
a couple of months ago, and I was truly
impressed by someone who has a burning desire
to serve in the area of family law.
As chairman now of the Children and
Families Committee, we had an awful lot of
things to talk about because of the interests
that I have and am continuing to grow in
wisdom after my friend Steve Saland had that
committee for so many years, and all of the
tribulations that people go through as they're
going through the Family Courts and the
2537
dealings with the family circumstances.
And here is a person who has a true
devotion and an inner burning fire to serve
the community. I can't think of any better
kinds of qualifications for a judge in the
Family Court, and it gives me a great deal of
pleasure to second her nomination.
THE PRESIDENT: All in favor of
the nomination of Deborah A. Haendiges, of
Amherst, as a judge of the Erie County Family
Court, please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Judge Haendiges, congratulations to
you on your nomination and your confirmation.
And best wishes.
She is here today accompanied by
her husband, Michael; her daughters, Natalie
and Jennifer; her mother, Ann Massey; her
mother-in-law, Sylvia Haendiges; her
sisters-in-law, Julie Tuskes and Theresa
Haendiges; her niece, Megan; her nephews,
2538
Zachery and Nick; and her friend Katherine
Moorhouse.
Have a great celebration. Thanks
for joining us.
(Applause.)
THE PRESIDENT: The Secretary
will continue to read.
THE SECRETARY: As a justice of
the Supreme Court of the 8th Judicial
District, John M. Curran, of Orchard Park.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Once again,
this nominee is an example of the great
judgment that the Governor has in selecting
four outstanding nominees to these very
important courts.
I rise to move the nomination of
John M. Curran, of Orchard Park, as justice of
the Supreme Court of the 8th Judicial
District.
He was found to be well qualified
before the committee and was unanimously
recommended for confirmation before the full
Senate.
2539
And I'd move his nomination and
request that the chair please recognize
Senator Volker for a second.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Madam President,
I want to second the nomination of John
Curran.
Makes me kind of jealous; he's one
of the handsome whiz kids from Erie County.
As you heard, the previous judge
brought a good part of Amherst with her. And
this judge brought a good part of Orchard
Park.
John is one of the most competent
young men I've ever met. He's been a justice
in a very busy court in Orchard Park, which
includes, of course, what we used to call Rich
Stadium, which is now Wilson Stadium. And
he's a good man, he's a family man.
But most of all, he's very wise in
the ways of the law, and I have no question
he'll make a great judge.
THE PRESIDENT: Senator
Stachowski.
SENATOR STACHOWSKI: I too would
2540
like to rise to second the nomination of John
Curran.
John does a great job as a jurist
in his town. I know that he does an
outstanding job as a lawyer that has a great
practice. I don't understand why he wants to
take a pay cut. But I'm sure that he'll make
an outstanding judge.
And more importantly than all of
those things, John is a great friend. So I'm
glad to have had this opportunity.
THE PRESIDENT: Senator Brown.
SENATOR BROWN: Thank you, Madam
President.
I'd like to lend my voice to that
of Senator Volker and Senator Stachowski in
commending the Governor for an excellent
appointment.
John Curran certainly is regarded
in our community as someone with a keen legal
mind. He is well respected throughout Western
New York for his legal acumen, and he is also
extremely active in the community.
He's been a good friend to me as
well, and I'm very happy to rise to commend
2541
him and congratulate him on his appointment.
Thank you.
THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President.
I too want to join with my
colleagues Senator Stachowski, Senator Brown,
and Senator Volker, in a very bipartisan
nature, to support this nomination.
I've heard nothing but really
positive things about Judge Curran. And he's
going to be representing, as part of the 8th
Judicial District, the County of Niagara, and
we look forward to working with him for many,
many years to come.
Thank you, Madam President.
THE PRESIDENT: All in favor of
the nomination of John M. Curran, of Orchard
Park, as a justice of the Supreme Court of the
8th Judicial District, please indicate by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
2542
hereby confirmed.
Judge Curran, congratulations and
best wishes to you.
He is here with his wife, Margaret;
his daughter, Emily; his sons, Neil and Jack;
and his mother, Mary Anne Curran.
Best wishes.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations.
As a member of the Central New York
Regional Transportation Authority, Brian M.
Schultz, of Fayetteville.
As a member of the Fire Fighting
and Code Enforcement Personnel Standards and
Education Commission, Peter A. Caruso, of
Utica.
As a member of the Veterans'
Affairs Commission, Karl W. Kristoff, of
Williamsville.
As members of the Citizens' Policy
and Complaint Review Council, Douglas E.
2543
Landon, Esquire, of Amsterdam, and J. Theodore
Hilscher, Esquire, of Catskill.
As a member of the State Camp
Safety Advisory Council, Douglas W. Pierce, of
Roslyn.
And as a member of the Board of
Visitors of the New York State Home for
Veterans and Their Dependents at Batavia,
Cathleen F. Macinnes, of Walworth.
THE PRESIDENT: The question is
on the nominations as read by the Secretary.
All those in favor please signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
all hereby confirmed.
Senator Kuhl.
SENATOR KUHL: Thank you, Madam
President. Could we now adopt the Resolution
Calendar, with the exceptions of 5071 and
5119.
THE PRESIDENT: All those in
favor of so adopting the Resolution Calendar
2544
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The calendar is
so adopted.
Senator Kuhl.
SENATOR KUHL: Now, Madam
President, could we also adopt Resolution
Number 5071. I ask that the title be read and
move for its adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Breslin, Legislative Resolution Number 5071,
honoring Father Peter G. Young for his 45
years in the ministry, to be celebrated on
May 22, 2004.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Thank you,
Madam President.
This May 22nd we will honor Father
Peter G. Young, who's been a priest for 45
years and, as many of you know, frequently has
the opening prayer for our proceedings here.
2545
For those 45 years, I've known
Peter; I've played basketball against him,
I've walked with the streets with him, I've
been in court with him. He's a person who in
the early '70s was most responsible in the
State of New York for taking public
intoxication out of the criminal justice
system.
Since that time, he's continued to
walk the streets of not only Albany but the
Capital District and the greater part of
New York State, moving to help those people
with addictions. He has been instrumental in
making recovery so important to those
addicted.
And I know that my fellow Senators
share with me their tributes to Father Young.
And I invite all of my fellow Senators to
participate in this resolution by signing on.
Thank you very much, Madam
President.
THE PRESIDENT: Senator Little.
SENATOR LITTLE: Thank you, Madam
President.
Senator Breslin has alluded to the
2546
statewide presence of Father Peter G. Young
and all that he has done in alcohol and drug
rehabilitation for those in need throughout
the state.
I would just like to speak for a
moment on his work within the Bolton Landing
community, which I represent, where he is the
pastor of Blessed Sacrament Church in Bolton
Landing and tends to the people in that
community.
His presence is positive, it has
made a difference in many, many people's
lives. And we truly appreciate not only his
work at the state level and what he has done
for those people in New York State, but truly
what he does each and every weekend for the
people of Bolton Landing.
Thank you.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Yes, thank you,
Madam President.
I just want to rise to pay tribute
to Father Young. You know, the Assembly has
an official chaplain. And he has to be our
unofficial chaplain, because he's been here
2547
ever since I've been here, and maybe longer,
and has really served this house well.
He's a remarkable person. Because,
as Senator Breslin said, he serves the people
who are so unfortunate and so neglected and so
down. And Father Young has always been there
for them on the streets, and he's really what
a priest should be.
And I'm very proud to consider him
a friend. He's been a great friend to this
Senate. I don't think that there's a Senator
here that isn't well aware of Father Young and
has love for him and what he's done.
And I think in the 45 years that
he's had, he's really made a difference for a
lot of people, and I wish him well on his
anniversary.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, thank
you, Madam President.
I would just like to rise to also
add my voice to the accolades being given to
Father Young.
He is truly a wonderful human being
2548
and a visionary, and he represents to me what
I believe to be the truest form of God's work,
and that is to look at your fellow man and see
whatever it is you can do to uplift them and
work consistently and fervently to make that
happen.
That's what he does on a daily
basis, very quietly. And he does not flaunt
his position. He does not make anyone
seemingly feel guilt about whatever they do or
are not doing, but, rather, he just shows what
is the correct position and the correct way to
approach issues that people have that are
obstacles to their progress.
So I appreciate him, I've learned a
lot from him, and I shall always remember what
his contributions have been, especially to men
and women who are returning from prison. And
he leaves a legacy of a model for us in the
State of New York as to what we can do to
reinforce the idea of rehabilitation,
especially as it relates to the juvenile
justice system.
So I thank him, and
congratulations, and I want to commend Senator
2549
Breslin for allowing us to honor him today.
Thank you.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
I rise to add my congratulations
with those of my colleagues to Father Peter
Young.
His work, particularly with our
ex-offender population, continues to impress
me. And gratefully so, because he has chosen
to do a work that very few people want to do.
And he raises the consciousness of the people
in communities about our need to help our
fellow brethren.
And the work that he has done, this
is not nearly enough, but it is a start. And
I commend you, Senator Breslin, for bringing
this forward and giving each of us an
opportunity to express to Father Young how
grateful we are for work that many of us
should do but haven't done.
But he gives us an opportunity to
partner with him and perhaps get a little
2550
closer to heaven.
Thank you.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Madam President,
I just -- I guess I didn't realize that
Father -- that there was going to be a
resolution today.
But I have to say a couple of
things about someone who I have known for so
many years and I have partnered with in a
number of areas, including prison alcoholism
programs, education programs.
He's come to me on a number of
occasions, and when I could help him --
because he has ideas constantly. In fact, I
will tell you a couple of little secrets. I
mean, I know nobody here will say anything.
But a couple of times the bishop has had to
slow him down a little bit because he is such
a hard driver and he runs so much.
And I know a few years ago the
bishop called him up and said: Look, you go
out there and you sit for a little while,
because you just can't do all this stuff.
The second thing I have to tell
2551
you, and this is something that is personal to
he and I, we were playing basketball way back
in my younger days -- and I know this will
seem impossible, but Father Peter Young broke
my leg. Well, actually, we were playing
basketball and we hit each other, and down I
went. And I had quite a severe injury.
And he still says, "You know, Dale,
I really feel badly. I didn't mean to do
that." I said, "Father, you were doing God's
work, because it taught me something -- it's
time for me to retire."
But at any rate, I have to tell you
that if there is a living saint, in my
opinion, who I happen to know, there's no
question Father Peter Young is one of those
people.
And let everybody understand, he's
still around. I mean, when I listen to this
stuff, the trouble -- I tell people in this
state sometimes the only time we really praise
people is when they're gone. And Father Peter
Young is very much here and has just been
going through some difficulties with some
health ailments.
2552
In fact, I called him -- he had me
very worried; I called him at his place of
business, I call it. And as I got through the
different people, I expected he was going to
be lying in a bed, and I found out he was
already out running around doing other stuff,
and he was supposed to be ill. But that's
Father Young.
And it is great, Neil, that you do
a resolution for him, because anybody that
knows him knows that he's one of the finest
people any of us will ever meet.
THE PRESIDENT: Senator Padavan.
SENATOR PADAVAN: Yes, thank you,
Madam President.
I first got to know Father Peter
Young very well back in the mid-'70s when we
were reorganizing the State Office of Mental
Health and creating a number of components
within our state government that today we take
for granted.
And one of them is DSAS, where we
took addiction -- alcohol, drugs, as well as
gambling addiction -- and gave it to that
agency to provide funding for voluntary
2553
providers and to do those things that had to
be done in a more effective and appropriate
way.
The crafting of that legislation
has the fingerprints of Father Young on it
because he served, by appointment from the
Governor, on a special committee that advised
us, this house and the Assembly, on how best
to create a new agency in state government
that has served us extremely well for over a
quarter of a century.
Aside from that effort, over the
years I have gotten to know him in a variety
of ways, some very personal and some very
official.
If you want to see a program that
really works, you don't have to go too far
from Albany. Go up to Altamont, where he runs
a program for former inmates in state prisons,
educating them on every aspect of the culinary
business, from chefs to waiters to managers.
And you go up there, and you'll have a great
meal. And you'll meet a lot of interesting
people, I might add, who will be serving you,
cooking your food, and doing those things that
2554
they do at a high-quality restaurant. And
every one of those individuals leaves there
and gets employment.
You go in the prisons -- obviously,
some of you have already mentioned his
advocacy and his missionary work, if you want
to call it that, in our state prisons dealing
with inmates who have various forms of
addiction, preparing them in many ways for the
day they will leave and go back into society.
Most recently, in the last year or
so, he initiated a new program in the City of
New York. We were happy to be of help to him
in getting the funding through private sources
to do just that.
He is perhaps one of the most
dynamic individuals I've ever met. He's
ubiquitous in terms of his knowledge in the
field. And when he gets the time -- or where
he gets the time to be pastor of his little
church in Bolton Landing, along with
everything else, is beyond me. But he does.
And if you're ever coming down from
the Adirondacks on the west side of Lake
George, stop off at his church and he'll greet
2555
you warmly, as he has me and I'm sure many,
many others.
He's certainly an inspiration, a
person that many of us in times of stress have
turned to for comfort and advice and guidance.
And he's always been there to provide it.
I'm sorry that he's not here to
listen to all these wonderful things. But I
hope that he'll a get a transcript of
everything we're saying -- right? -- so he can
read it at a more leisurely moment.
Thank you, Madam President.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Madam President,
I just would like to ask that the -- as we
very often do, allow everyone to be on the
resolution unless they should try to hit me
with a right hand and not want to be on.
So -- okay?
THE PRESIDENT: Any member who
does not want to cosponsor this resolution,
please notify the desk.
Senator Onorato.
SENATOR ONORATO: Madam
President, I too rise to join with my
2556
colleagues in paying tribute to Father Peter
Young.
It's wonderful that we're saying
something, too, about a person who's still
alive, and very, very much so. He's expended
all of his time and energy helping others.
When you want the definition of
someone who's a giver, look it up in the
dictionary and you'll find Father Peter
Young's name boldly printed there.
And I'd like to recollect some of
the incidents where we've went together, quite
so many times together. Especially when
Senator Nolan was in the chamber, we always
managed to find some time to go out and play
some golf. And it was one of the very few
times that Father Young was a taker, and he
was taking many strokes from me. And
occasionally taken a few dollars out of my
pocket with those strokes.
But again, I want to commend
everyone in this chamber, and I wish Father
Young was here to hear all of these accolades
that we are praising upon him. I wish him
nothing but the best. I wish for him
2557
everything that I wish for me and my family.
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 Volker.
SENATOR VOLKER: Madam President,
could we have the title read on Senator
Sampson's resolution, Number 5119, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Sampson, Legislative Resolution Number 5119,
recognizing the importance of foster parents
in the State of New York during Foster Care
Month.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Yeah, Senator
Sampson has asked that this resolution be
passed and that all members be offered the
opportunity to be on, in the usual fashion.
THE PRESIDENT: Any member who
2558
does not want to cosponsor this resolution,
please notify the desk.
All in favor please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Volker.
SENATOR VOLKER: I believe we
have some motions, if we could make them now.
THE PRESIDENT: Motions and
resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President, Senator Volker.
On behalf of Senator Morahan, Madam
President, I wish to call up his bill, Print
5972, which was recalled from the Assembly,
which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
576, by Senator Morahan, Senate Print 5972, an
2559
act to authorize.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR FARLEY: Madam President,
on behalf of Senator Golden, I wish to call up
Calendar Number 919, Assembly Print Number
2350.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
919, by Member of the Assembly Englebright,
Assembly Print Number 2350, an act to amend
the Social Services Law.
SENATOR FARLEY: I now move to
reconsider the vote by which this Assembly
2560
bill was substituted for Senator Golden's
bill, Senate Print 2223, on April 28, 2004.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR FARLEY: Madam President,
I now move that Assembly Bill 2350 be
recommitted to the Committee on Social
Services and that Senator Golden's Senate bill
be restored to the order of Third Reading
Calendar.
THE PRESIDENT: So ordered,
Senator.
SENATOR FARLEY: And I now offer
the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR FARLEY: Madam President,
motions to amend the following bills:
By Senator Wright, page 20,
Calendar Number 387, Senate Print 4890C;
Senator Mendez, page 34, Calendar
Number 719, Senate Print 5626;
Senator Morahan, on page 57,
2561
Calendar 1037, Senate Print 5657;
And on behalf of Senator LaValle,
on page 62, Calendar 1092, Senate Print 6194A.
Madam President, I move that these
bills retain their place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the Third Reading Calendar.
Senator Volker.
SENATOR VOLKER: Madam President,
can we have the reading of the uncontested
calendar.
(Laughter.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
232, by Senator Maziarz, Senate Print 4412A,
an act to amend the Retirement and Social
Security Law, in relation to community
correctional center assistance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2562
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
380, by Senator Volker, Senate Print 5407, an
act to amend Criminal Procedure Law, in
regulation to admissibility of a witness's
sexual conduct.
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, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
409, by Senator LaValle, Senate Print 1413B,
an act to amend the Education Law, in relation
to fees paid.
THE PRESIDENT: Read the last
section.
2563
THE SECRETARY: Section 9. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
666, by Senator Farley, Senate Print 6378, an
act to amend the Banking Law, in relation to
making certain technical and conforming
amendments.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
667, by Senator Farley, Senate Print 6379, an
act to amend the Banking Law, in relation to
conforming the personal loan limitations.
2564
THE PRESIDENT: 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, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
668, by Senator Farley, Senate Print 6380, an
act to amend the Banking Law, in relation to
clarifying the definition of illegal money
transmission.
THE PRESIDENT: 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, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
753, by Senator Kuhl, Senate Print 5120, an
2565
act to amend the Vehicle and Traffic Law, in
relation to verifying.
SENATOR SCHNEIDERMAN: Could you
please put that on the contested calendar.
(Laughter.)
THE PRESIDENT: I'll lay it
aside, Senator.
SENATOR SCHNEIDERMAN: That will
be fine.
THE SECRETARY: Calendar Number
814, by Senator Nozzolio, Senate Print 2745,
an act to amend the Public Housing Law, in
relation to members.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
822, by Senator DeFrancisco, Senate Print
6973, an act to amend the Real Property Law,
in relation to the filing of subdivision maps.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2566
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
855, by Senator Volker, Senate Print 5562, an
act to amend the Criminal Procedure Law, in
relation to challenge for cause.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
862, by Senator Wright, Senate Print 6695, an
act to amend the Tax Law, in relation to
authorizing the County of Oswego.
THE PRESIDENT: There is a local
fiscal impact note at the desk.
2567
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
884, by Senator Marcellino, Senate Print
6288A, an act to amend the Environmental
Conservation Law, in relation to restricting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect January 1, 2008.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Meier -- excuse me. Ayes, 59.
Nays, 2. Senators Meier and Wright recorded
in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
2568
886, by Senator Little, Senate Print 6607, an
act to amend the Environmental Conservation
Law and the County Law, in relation to county
responsibility.
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, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
950, by Member of the Assembly Jacobs,
Assembly Print Number 9387, an act to amend
the Executive Law, in relation to extending.
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, 61.
THE PRESIDENT: The bill is
2569
passed.
THE SECRETARY: Calendar Number
962, by Senator Onorato, Senate Print 2458A,
an act to amend the Labor Law, in relation to
reports by the Commissioner of Labor.
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, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
987, by Senator Hoffmann, Senate Print 173, an
act to amend the Vehicle and Traffic Law, in
relation to leaving the scene of injury to
certain animals.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
2570
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1005, by Member of the Assembly Tocci,
Assembly Print Number 5038, an act to amend
the Public Health Law, in relation to
educational materials.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
Senator Volker, that completes the
reading of the noncontroversial calendar.
SENATOR VOLKER: Madam President,
can we start the contested or controversial
calendar with Calendar Number 1005, Senator
Morahan.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1005, by Member of the Assembly Tocci,
Assembly Print Number 5038, an act to amend
the Public Health Law.
THE PRESIDENT: Read the last
2571
section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th --
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR SCHNEIDERMAN: I
recognize the importance of the public health
issue that is addressed in Senator Morahan's
piece of legislation.
I feel that I would be remiss if I
did not rise, though, to call to the attention
of this house the fact that we, as a result of
our inability to resolve the school financing
dilemma facing the Legislature, are in a
situation now where virtually all of the
New York City schools have eliminated or cut
back or essentially suspended their public
health programs.
There is a requirement of New York
State that all public schools teach lessons on
HIV/AIDS from grades K through 8, as well as
2572
teach about alcohol and substance abuse. New
York City has got a program, "Family Living,"
including sex education.
It is uncontested that these
programs are not functioning, that most of the
schools in New York City are not teaching the
public health curriculum. And I'm pleased
we're providing additional public health
education through the bill that's before us
now on hepatitis C and other problems.
But we cannot in good conscience
continue to go forward in this legislative
session -- we have 16 days left -- without
addressing the critical need to fund the
high-needs school districts in this state, in
New York City and elsewhere. Our public
health education system is in shambles.
And once again, it comes back to
the responsibility under the New York State
Constitution for the Legislature to provide a
sound basic education to all of our children.
We cannot go much further in this session
without addressing the issue, and I hope we
will do so.
I will support this legislation,
2573
Madam President, but it is a very, very small
step at addressing a much larger problem that
is clearly on our plate.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
The debate is closed.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
SENATOR VOLKER: Madam President.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Could we call up
Calendar Number 814 on the controversial
calendar -- Senator Nozzolio -- please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
814, by Senator Nozzolio, Senate Print 2745,
an act to amend the Public Housing Law.
2574
THE PRESIDENT: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I've supported this legislation in
the past, and I plan to do so again. But once
again, with 16 days left in the legislative
session, I have to raise the fact that the
Assembly has passed legislation to create a
public authority inspector general, an
independent budget office, and a central
procurement office for public authorities, and
to require people who lobby public authorities
to register with the Lobbying Commission.
I recognize the needs of the Geneva
Housing Authority that are addressed by
Senator Nozzolio's bill. But it's time for
the Senate to step up to the plate on the
issue of reform of public authorities.
Senator Leibell has just recently
introduced legislation, at the request of the
State Comptroller, to create a Temporary
Commission on Public Authority Reform. And I
hope, once again, that in the few days
remaining in this session that we will move on
2575
that legislation.
I vote yes for this bill, but I
hope we will also address the larger issue of
public authority reform before the session
ends.
Thank you.
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, 61.
THE PRESIDENT: The bill is
passed.
Senator Volker.
SENATOR VOLKER: Madam President,
would you call up Calendar Number 753, by
Senator Kuhl, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
753, by Senator Kuhl, Senate Print 5120, an
act to amend the Vehicle and Traffic Law.
SENATOR VOLKER: Madam President,
2576
we'll lay that bill aside for the day.
Senator Kuhl is in a conference committee, I
think, or whatever.
THE PRESIDENT: The bill is laid
aside for the day.
Senator Volker, that completes the
contested, controversial, and noncontroversial
reading of the calendar.
SENATOR VOLKER: Is there any
housekeeping at the desk?
THE PRESIDENT: No, there isn't,
Senator.
SENATOR VOLKER: All right. Then
there being no further business, I move we
adjourn until Thursday, May 20th, at
11:00 a.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Thursday,
May 20th, 11:00 a.m.
(Whereupon, at 3:52 p.m., the
Senate adjourned.)