Regular Session - May 24, 2004
2655
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 24, 2004
3:12 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, May 23, the Senate met pursuant to
adjournment. The Journal of Saturday, May 22,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing companies.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
On behalf of Senator Morahan, I
wish to call up his bill, Senate Print Number
6461A, recalled from the Assembly, which is
now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1045, by Senator Morahan, Senate Print 6461A,
an act to authorize.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: 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.)
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THE SECRETARY: Ayes, 37.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR MEIER: Madam President,
on behalf of Senator Bonacic, I wish to call
up his bill, Senate Print Number 6393,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
721, by Senator Bonacic, Senate Print 6393, an
act to amend Chapter 915 of the Laws of 1982.
SENATOR MEIER: 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, 39.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
2659
President. I now offer the following
amendments.
THE PRESIDENT: The amendments
are received.
SENATOR MEIER: Thank you, Madam
President.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
I want to offer amendments to the
following Third Reading Calendar bills:
On behalf of Senator Skelos, page
35, Calendar 301, Senate Print 5902A;
Senator McGee, on page 40, Calendar
Number 417, Senate Print 2777A;
Senator Larkin, page 52, Calendar
702, Senate Print 6515;
Senator Spano, page 58, Calendar
826, Senate Print 6285;
Senator Morahan, page 74, Calendar
1046, Senate Print 6462A;
Senator Volker, page 87, Calendar
1111, Senate Print 1064A;
Senator Golden, on page 39,
Calendar 366, Senate Print 5745A;
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Senator Flanagan, on page 59,
Calendar 840, Senate Print 7166;
Senator Trunzo, on page 80,
Calendar 1110, Senate Print 995;
And for Senator Kuhl, on page 87,
Calendar Number 119, Senate Print 3438.
Madam President, I ask that these
bills retain their place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain their
place on the Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there are substitutions at the desk,
if we could make them at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 4,
Senator Farley moves to discharge, from the
Committee on Banks, Assembly Bill Number 9445
and substitute it for the identical Senate
Bill Number 6805, First Report Calendar 1368.
On page 4, Senator DeFrancisco
moves to discharge, from the Committee on
2661
Energy and Telecommunications, Assembly Bill
Number 1957 and substitute it for the
identical Senate Bill Number 4196, First
Report Calendar 1374.
On page 6, Senator LaValle moves to
discharge, from the Committee on Higher
Education, Assembly Bill Number 7515 and
substitute it for the identical Senate Bill
Number 6736, First Report Calendar 1390.
On page 8, Senator Flanagan moves
to discharge, from the Committee on
Investigations and Government Operations,
Assembly Bill Number 9518 and substitute it
for the identical Senate Bill Number 6291,
First Report Calendar 1396.
On page 65, Senator Hoffmann moves
to discharge, from the Committee on
Agriculture, Assembly Bill Number 10811 and
substitute it for the identical Senate Bill
Number 6451, Third Reading Calendar 936.
And on page 68, Senator Robach
moves to discharge, from the Committee on
Labor, Assembly Bill Number 10290 and
substitute it for the identical Senate Bill
Number 6213, Third Reading Calendar 970.
2662
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator DeFrancisco. If we could have it read
in its entirety and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
5155, congratulating the 2003-2004
Baldwinsville Varsity Hockey Team for having
been named New York State Public High School
Athletic Association's State Scholar Athlete
State Champions for Ice Hockey.
"WHEREAS, It is the sense of this
Legislative Body to act in accord with its
long-standing traditions, honoring the youth
of today and the leaders of tomorrow whose
character and achievements best exemplify the
ideals and values cherished by this great
state and nation; and
"WHEREAS, Athletic competition
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enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them in 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, Earning a place on a high
school varsity roster is in and of itself a
major accomplishment for a high school
student. For many, it is an achievement that
marks a lifetime milestone; and
"WHEREAS, There are a select few
among us for whom outstanding athletic
achievement is not sufficient; they are
propelled to reach even greater heights by
virtue of outstanding academic achievement
while they engage in varsity-level practice
and competition simultaneously; and
"WHEREAS, Even those select few who
are able to accomplish great athletic and
academic achievements are unable to rise to
the heights achieved by the 2003-2004
Baldwinsville Central Schools Varsity Ice
Hockey Team. These individuals are among the
2664
elite who have earned the State Scholar
Athlete State Championship for Ice Hockey; and
"WHEREAS, A most challenging
formula is applied to determine those select
few teams who will attain this distinction.
The average of the top eight GPAs of a hockey
team are calculated and then compared to all
other New York State Public High School
Athletic Association hockey teams to determine
the team with the highest GPA. The
Baldwinsville Bees were determined to have a
team composite average of 95.053 percent,
surpassing 49 other teams whose composite
averages of 90 percent or more might have
qualified them for this recognition; and
"WHEREAS, In addition to the team's
outstanding academic accomplishment, 11 of its
members have earned individual honors as
scholar athletes for having attained a GPA of
90 percent or higher; and
"WHEREAS, Baldwinsville Ice Hockey
Coach Mark Lloyd and Assistant Coach Bob
Millett are to be recognized and commended for
emphasizing the importance of academic
excellence to their varsity athletes. Coach
2665
Lloyd has been quoted as telling his players:
'Academics come first,' and that if a player
is 'struggling in a class, we tell them to
take care of their work first and come to
practice late'; and
"WHEREAS, Further recognition is
made of Coach Mark Lloyd for having been named
Coach of the Year for Division I, Section III
Ice Hockey for 2003-2004; and
"WHEREAS, While maintaining
academic excellence alone requires hard work
and dedication, participating in a varsity
sport makes achieving academic excellence even
more difficult. It is a further tribute to
the Baldwinsville Bees Hockey Team that they
had a most successful season. Among their
accomplishments on the ice were an overall
record of 15 wins, 10 losses, and one tie, and
a final ranking of 14th place among all teams
in New York State. In addition, two of its
players were 1st Team All-League selections,
and three others were selected for the
All-League Second Team; and
"WHEREAS, Ice hockey is a team
sport. It is well recognized that no team, no
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matter how gifted one or more individuals may
be, can accomplish all that has been achieved
by the Baldwinsville Bees Hockey Team without
exceptional skills throughout. The Bees had
talented team members throughout its player
roster that included: Chase Bacanskas, Ben
Blujus, Corey Bulken, Alex Chissler, Robert
Conklin, Zach Ducharme, Richard Dunkelberger,
Tyler Fravel, Ryan Heath, Jeff Kasprzak, John
Korzyp, Jeff Krull, Kirk Kwaczala, Kyle
Kwaczala, Patrick Landers, Chris Lane,
Christopher Lloyd, Matt Merriam, Steve
Messina, James Muscatello, Paul Nalen, Rob
Nalen, Dan Neer, Eric Parah, Mike Perkins,
Howard Rotchford, David Rotchford, Justin
Sholette, Richard Simone, Erik Smith, Ryan
Smith, Ian Stine, Adam Styer, Justin Tierney,
Ryan Venditti, Louis Walker, Matt Yando and
Tyler Zinsmeyer; and
"WHEREAS, By virtue of their
accomplishments on the ice, in the classroom,
and as good citizens of the greater
Baldwinsville area, the 2003-2004
Baldwinsville Bees Ice Hockey Team has brought
great pride to their parents, their friends,
2667
their school and their community; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the 2003-2004 Baldwinsville
Varsity Hockey Team for having been named
New York State Public High School Athletic
Association's State Scholar Athlete State
Champions for Ice Hockey; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Baldwinsville Central Schools, to team
members and to coaches of the 2003-2004
Varsity Bees Ice Hockey Team."
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
Madam President.
I am proud to rise to talk about
the Baldwinsville Ice Hockey Team. Senator
Farley mentioned to me this is almost the team
of the week from Central New York, we have so
many groups that come in. Central New York
has a lot of champions in athletic
competition.
2668
But what's special about this
group, it's not only athletic competition, but
the academic competition, which is absolutely
unbelievable. A team average of
95.053 percent for academic averages. I mean,
that's absolutely unbelievable.
And it shows to the world, I think,
that sports -- or athletics and academics are
not mutually exclusive. Quite frankly, it's
the opposite. The fact is that people that
play sports are generally disciplined, they're
people that use their time appropriately, and
they're people that obviously use their time
appropriately to study as well as to compete.
And the coaches should be
commended, all of the coaches, for the
attitude that you have instilled upon your
players.
So I want to thank you for coming
here and thank the Senate for taking the time
to recognize the Baldwinsville Ice Hockey Team
for their great athletic but, more
importantly, academic accomplishments.
And you are going to be the future
leaders for our community, and I'm positive of
2669
that. And keep up those grades and keep up
that sports pressure on your time. And
whatever you want to be, you're going to be,
because you're selecting what is important to
you, competition and academics.
Thank you very much.
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.
Congratulations. As a former
teacher, I am infinitely impressed with that
grade point average. And best wishes to you.
In everything you do, equal success.
Let's give them a round of
applause.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator Balboni. If we could have it read in
its entirety and move for its immediate
2670
adoption.
And I would point out that there
are two Balbonis on the floor. If you want to
make the comments interesting, I'll leave the
choice to you as to who would make the most
interesting comments.
THE PRESIDENT: The shorter one
tried to hold the gavel when he come up here,
so I'll say no more.
The Secretary will read.
THE SECRETARY: By Senator
Balboni, Legislative Resolution Number 5107,
recognizing the dedication of the National
World War Two Memorial on the National Mall in
the District of Columbia on May 29, 2004.
"WHEREAS, On May 29, 2004, the
National World War II Memorial will be
dedicated on the National Mall in the District
of Columbia; and
"WHEREAS, This memorial will be the
first national memorial to both recognize the
courage, bravery, and unselfish dedication of
the members of the United States Armed Forces
who served in World War II and those who
served on the home front, and acknowledge the
2671
commitment and achievement of the entire
American people in that conflict; and
"WHEREAS, The National World War II
Memorial, a monument of granite and bronze,
has a fitting location on the National Mall,
situated between the Washington Monument and
the Lincoln Memorial, and flanked by memorials
dedicated to the members of the Armed Forces
of the United States who served and died in
the Korean War and the Vietnam era; and
"WHEREAS, The National World War II
Memorial is dedicated to the more than
16 million individuals from the 48 states, the
District of Columbia, and the territories and
possessions of the United States who served in
the Army, Air Force, Navy, Marine Corps, Coast
Guard, and Merchant Marine in World War II;
and
"WHEREAS, On May 29, 2004, hundreds
of thousands of veterans and their families
and friends from across the United States will
gather on the National Mall to join in the
dedication of the National World War II
Memorial and to pay homage to the memory of
the more than 400,000 members of the Armed
2672
Forces of the United States who died while
serving during World War II and the more than
10 million veterans of the Armed Forces of the
United States in World War II who have died
since the end of the Second World War; and
"WHEREAS, On May 29, 2004, the
nation will pay tribute to all the members of
the Armed Forces of the United States who
served in World War II; and
"WHEREAS, On May 29, 2004, the
nation will remember the duty, sacrifices, and
valor of the members of the Armed Forces of
the United States who served on land and sea
and in the air in the more than 89 campaigns
conducted in the European and Pacific theaters
of operations in World War II; and
"WHEREAS, On May 29, 2004, the
nation will acknowledge that the men and women
who served in the Armed Forces of the United
States in World War II came from all the
states, the District of Columbia, and all the
territories and possessions of the United
States and represented men and women of all
races, religions, ethnic groups, professions,
educational attainments and backgrounds, all
2673
united in the goal of serving their country
and preserving freedom; and
"WHEREAS, Construction of the
National World War II Memorial would not have
been possible without the donations of
hundreds of thousands of individual Americans
as well as corporations, foundations, veterans
groups, professional and fraternal
organizations, communities and schools, who
all acknowledged that a memorial should be
constructed in the national capital to
recognize and pay tribute to the duty,
sacrifices, and valor of all the members of
the Armed Forces of the United States who
served in World War II; and
"WHEREAS, This memorial
acknowledges all who participated in this
defining event of the 20th century; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to express its
gratitude to the more than 16 million
individuals who served in the Army, Air Force,
Navy, Marine Corps, Coast Guard and Merchant
Marine in World War II, and to the millions of
2674
Americans on the home front who contributed to
the war effort during World War II; and be it
further
"RESOLVED, That this Legislative
Body pause further to recognize the dedication
of the National World War II Memorial on the
National Mall in Washington, District of
Columbia, on May 29, 2004, as an occasion to
acknowledge and pay tribute to the duty,
sacrifices, and valor of all the members of
the Armed Forces of the United States who
served in World War II, a group known
collectively as the 'Greatest Generation.'"
THE PRESIDENT: Senator Balboni.
SENATOR BALBONI: Yes, Madam
President. Thank you for the opportunity to
speak about this resolution.
As chairman of the Veterans
Committee, one of the things I get a chance to
do is to listen to stories, stories from
veterans around the state, stories from my own
community, about people who served in World
War II. And as we know, as the years go by,
the numbers of men and women who were left to
tell the stories is dwindling.
2675
But it's a time that I think that
this nation is going to pause and remember.
At least I hope it does. And I was caught
short a couple of months ago, and that's why
I'm so happy that my son is here today,
because my son asked me a question that I had
never really thought about. We all learn
about World War II in classes, but he said to
me quite simply one day, as we were in the
living room, he said to me: "Dad, World War
II, did we almost lose?" And I thought to
myself, what a funny question. And then I
realized, yeah, we almost did.
If the Nazi army had developed the
atomic bomb before we did, we might very well
have lost. And then the horrors of the
concentration camps in Europe would never have
stopped. And the freeing of all the countries
throughout Europe that had been enslaved in
the Nazi tyranny, and through the Asian
Pacific by the Japanese Imperial Army, would
never have stopped. And the world that we
enjoy today, even as it's threatened by
terrorism, would not be.
So I hope that this Memorial Day is
2676
a very special one for everybody in this
chamber -- indeed, in this Legislature, in
this state -- and that we take a moment to
understand that our children need to realize,
yeah, we almost lost. And the only reason why
we didn't is because this nation awoke and
sent 400,000 people to die, millions more to
serve, and basically stopped its entire
economy to do nothing but to fight in lands
far away.
This monument will be the largest
erected for decades in Washington, D.C. And
if you talk to many World War II veterans,
they're very emotional about it. With all the
angst politically in this politically charged
environment this year, I hope that this is
going to send a message of remembrance -- not
only of those lost in battle but of the great
strength and great accomplishments of a nation
united.
Thank you, Madam President.
THE PRESIDENT: Senator Maltese.
SENATOR MALTESE: Madam
President, Senator Balboni has stated it so
well. I well recall the morning of
2677
December 7, 1941; it was my 9th birthday. And
even as a young person, I recall the lines of
soldiers, lines of prospective soldiers
volunteering for the service, how everyone
became a united nation, united as one to fight
a battle to save the entire free world.
And that is not mere rhetoric. We
all know about the beginning of the Second
World War and the brave people of England who
withstood the Battle of Britain, who withstood
repeated air attacks, the Blitz, as they
fought on alone, or virtually alone, after
France -- that had the greatest standing army
in Europe, that had an equal number of planes,
an equal number of tanks, an equal number of
armed personnel vehicles to Germany -- after
France collapsed in 35 days, leaving England
to fight on alone.
And we saw that the brave English
people, together with the 90,000-some-odd
Polish soldiers that managed to flee from the
Dunkirk and subsequent battles to England and
fight on as freedom fighters, together with
other refugees from other countries in Europe,
until the entry of America into the war.
2678
And we saw the fall of France,
Belgium, Lithuania, Poland, Latvia, the Low
Countries, Holland. There's no question that
Adolph Hitler possessed the entire European
continent until he then turning on his ally
Joseph Stalin and then began the fatal steps
toward fighting a two-front war.
Were it not for the materiels
flowing to England to keep them sustaining and
then the entry of America into the war, we
would never have prevailed. And, as many of
our veterans say, they'd be speaking German in
Europe, all over Europe, and speaking Japanese
all over Asia.
We lost hundreds of thousands of
brave soldiers, brave, courageous soldiers.
But this monument does not only salute the
lost, the slain, the wounded, the missing in
action, but it salutes those who came back.
And many of the members of our veterans' posts
all over the state and the country, veterans
that unfortunately the average age is now 81,
veterans who are dying at the rate of 1500 a
day.
Now is the time for us to say thank
2679
you with this beautiful monument in our
nation's capital, advantageously situated so
that all can see it as they visit our
country's capital and our country's monuments.
This monument salutes not only
those fallen and missing and wounded, but
salutes those who came back, those whom we
saluted during the war with blue stars in our
flags in our windows as well as the deceased
that we saluted with the gold stars in our
windows.
When they came back, they changed
America for the better, men and women, those
women that served in the armed forces as the
different WAFs and WAVES and WACs. And this
monument salutes them all, as well as those on
the home front that I remember so well buying
bonds, selling bonds during the war loan
drives, saving fat, saving tinfoil, and taking
the place of the men who had gone overseas so
fight for our country.
Our country was changed, our
country was changed for the better. We salute
them in this small way, in this -- really, a
way that pales in comparison to the sacrifices
2680
they made, changing their entire lives,
putting their lives on hold, those that came
back. It's very fitting that we salute the
ones that returned as well as the ones that
lie in foreign graves.
I commend Senator Balboni, the
sponsor of the resolution, as well as all
those that this monument seeks to salute and
memorialize.
THE PRESIDENT: Senator LaValle.
SENATOR LaVALLE: Madam
President, I would really, with my remarks,
just want to make a footnote to the very
eloquent remarks made by my colleagues Senator
Balboni and Senator Maltese, by simply saying
that I was very touched when I read the book
by Tom Brokaw, The Greatest Generation. And I
think it capsulized for me those people,
during that Second World War, had also -- many
of them had been touched by Depression and
they went through a major, major war. And
that generation truly was the greatest
generation.
It's something that we today
could -- can learn from and should try to
2681
emulate. Because I think that the road to our
success as a nation has always had speed
bumps, but it has been our determination as a
nation and our national pride that has always
brought us forth and made us a great country.
So maybe today or tomorrow we can replicate
once again the greatest generation.
And they deserve great praise. And
this memorial, I think, hopefully will enliven
for people what was done, what history was all
about, and we can learn from it.
Thank you, Madam President.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President. On the resolution.
Madam President, I rise to join the
comments of my distinguished colleagues who
have so well outlined the gallantry, the
sacrifices, the heroism by those brave men and
women who fought and served in World War II.
Senator LaValle referred to the
greatest generation. Absolutely. Those who
served, those who saved the world should be
given that accolade.
This coming Saturday is the
2682
unveiling of the National World War II
Memorial. Last Saturday I was honored to
present one of New York's finest, a gentleman
by the name of Emilio "Hank" Sarnicola. Now,
Hank served bravely in World War II but,
because of a number of logistical and
paperwork problems, was not provided the
opportunity and not presented with the
recognition he so well deserved.
I was very pleased to participate
in presenting Hank with the award that he was
to be given 60 years ago. On Saturday last,
we presented Hank with a Bronze Star. That is
the third-highest award that any serviceman or
woman could be provided and honored by this
United States government. Hank's Bronze Star
was given to him for gallantry and bravery
well beyond the call of duty, his unselfish
dedication to his comrades.
And I represent this to you, Madam
President, as just one of the thousands and
thousands of stories that exist across this
state of brave men and women who gave so much
of themselves to ensure that our nation would
be free.
2683
We enjoy that freedom. We should
never take for granted that freedom. And to
the Hank Sarnicolas and to all the millions of
brave men and women who answer the call to
keep us free, this memorial granted this week,
we thank you and we honor you and we will
never forget what you have done.
Thank you, Madam President.
THE PRESIDENT: Senator Marchi.
SENATOR MARCHI: Madam President,
had we the benefit of your presence in World
War II -- you have given me such reason for
going on and joining my colleagues.
I'm certainly very grateful to
Senator Balboni and the other Senators, my
colleagues. And that includes Senator Larkin,
who had a few months. I was in World War II
from 1941 to 1946, with terminal leave.
Actually, my -- I was shipwrecked in
Korama-Retto [ph]. Before that, I saw Ernie
Pyle die in le Shima in the China Sea.
And when you had -- we speak of
hurricanes here, a hundred miles an hour.
They had them, typhoons of 200 nautical miles
an hour. It was simply incredible. Standing
2684
on a bridge 30 feet over the water, the waves
were about 80 foot high.
So that's the kind of thing -- and
I was just wondering what was waiting for me.
Well, I had twenty years in the Reserves, and
I prize them. I know Senator Larkin had a
notable chunk of time that he contributed.
And so many others who have carried
on with consummate bravery and courage and
actions that survived, whether it was in 1960,
in 1980, and today, there are those who are on
the front lines defending the lines of
freedom, that we begin to appreciate the
services that have inspired so many.
But World War II, there were almost
a half a million who lost their lives and
survivorship. I remember I wrote a letter to
Fiorello LaGuardia at that time, who said he
was not going to run again. And Fiorello
wrote back to me that he appreciated receiving
the letter -- this was, I think, August of
1939 -- he appreciated receiving my letter
expressing regrets that he was retiring, but
that I might be intrigued to know that the
League of Nations -- well, what proved to be
2685
the League of Nations was going to be
formulated the following year in its embryonic
form.
So that it was not only an
opportunity for us to participate in the
struggle that ensured our survival in Europe
and Asia and elsewhere, but also a recasting
of the League of Nations, which had failed at
that time to preserve the peace and to recast
their image in a later expression which gave
it more durance.
And I believe today we stand on the
hope that we don't miss our opportunity to
defend that -- well, the defense of person, to
defend our people of this planet to the cause
of peace. And I see manifestations of the
renewal of that spirit that animated almost 15
or 16 million people that were mustered. And
5 million of them were within earshot of
cannons and explosive devices.
So I was heartened that my
colleagues, all of whom are of tender age --
the tenderest is yours, Madam President -- and
all of you of tender age who have pronounced
yourself on the side of the defense of
2686
freedom, its value, and pledged the support of
that concept of freedom and of the dignity of
the individual created in a divine image.
This was certainly a revelation, and of great
personal moment to me to hear it testified to
by so many of you.
So thank you, Madam President. And
I am very grateful for the opportunity of
participating in something like this. I
didn't realize then. I was a mature age at
that time, in 1941, and here I am speaking
with you. And it explains an awful lot why
I'm still with you. Because from one chamber
to the other, I find great comfort by your
companionship and your friendship.
Thank you.
THE PRESIDENT: Thank you,
Senator Marchi.
Senator Johnson.
SENATOR JOHNSON: Madam
President, I'd just like to say it's very
appropriate to speak on this resolution which
talks about the World War II Memorial. I was
in World War II, the end of the war. My
brother, my cousins, my uncles, many of my
2687
school friends. And many of them didn't come
back.
And I think they've felt, in the
Marine Corps League and the Legion, which I
belong to, they felt that it was overdue to
get recognition for the World War II veterans.
And I'm sure they are very delighted, those
that are still around, that this has taken
place.
And I think it's something that we
should all remember on Memorial Day, because
the ones that are here are fewer and fewer
each year from World War II. Even Korea
veterans are aging out, passing out of the
scene.
And it's nice to know that we
continue to think of those who not only
created our nation but saved our nation in
many, many wars, and really to express our
appreciation to those that are out there on
the front lines now in wars which some people
agree with and some people don't. But it's
our nation and our people, and they deserve
our support now and in the future as well.
Thank you.
2688
THE PRESIDENT: Senator Larkin.
SENATOR LARKIN: Thank you, Madam
President.
You know, as we look at this
monument, we New Yorkers have to take a step
back and recognize the fact that New York
provided more members of the armed forces in
World War II than any other state in the
nation. We had more men and women killed and
wounded in combat than any other state in the
nation.
When we start to look around and
see what this monument means, those of us who
have been following it since the day the
authorization came to the battlefield
commissions, we recognize the fact that this
is going to depict where, when, how and why
American forces were where they were all over
the world in World War II.
When we started with 1939, and then
we went from there into the Chamberlain
discussions of how to settle the peace in
Munich, and then what Japan did in October of
1941, discussing the issues, we find out that
the bombing of Pearl Harbor, I think, was even
2689
a greater blow than the Munich incident.
As an individual, John Marchi was
in a long time before me. But Mr. Casey's
father and I went to La Salle, and I left
Troy, New York, on the 26th day of April 1944
and went in the service and spent 23 years.
And in all that time, the more you
saw people who were in World War II, the more
you realized the commitment. Yes, we had a
draft. We had a volunteer that was more
important than a draft. And we had leaders,
not only from our military academies but our
candidate schools and our ROTCs that provided
us with the leadership.
But the monument must be addressed
as an issue to America's role in providing
freedom to the world. We were the goal that
wasn't. Many times people in John's era and
my era -- not you, Serph, you're too young --
said that if it wasn't for the American's
initiative in World War II, a lot of people
today would be speaking German or Japanese,
not their native tongue.
So a visit or recognition of what
the memorial is all about will be displayed on
2690
next Saturday on most of the network stations,
and especially on the cable networks. But
remember, the memorial represents America's
standing for freedom, freedom that we want
everybody to enjoy. But it also reflects on
those who gave some and many who gave all.
Thank you.
THE PRESIDENT: Senator Leibell.
SENATOR LEIBELL: Thank you,
Madam President.
In listening to my colleagues here,
I have to say I think we are really most
fortunate and blessed to have with us and
serving with us veterans of that most
difficult and greatest of conflicts that this
country has gone through.
I received a phone call about a
week and a half ago from a very good friend of
mine, Bill Schilling, Sr., who now lives in
Florida, and he had tickets that had been sent
to him for the dedication in Washington. And
his health doesn't allow for him to go there.
And he had certainly had a distinguished war
record as a pilot in the Army Air Forces in
Europe, through most of the western campaigns,
2691
and had seen a great deal of heroism and also
a great deal of sadness and tragedy.
It made me think, when I spoke to
him, and as with my colleagues, recognizing
how fortunate we are to have Mr. Schilling
with us, and my own dad, who was an Army
officer in Europe throughout the many
campaigns there, that the young people today
are blessed because they can read about
history and they can watch it on TV, but, much
more significantly, they can talk to living
history with our veterans. Those who have
served in World War II and the other
conflicts, they are here, they are now, they
know what occurred and they know why we
fought.
It's most significant that we will
be dedicating this memorial in Washington.
It's almost a curiosity that this greatest of
conflicts, it's taken this long to have a
memorial established in our nation's capital.
Nonetheless, it's there, and we're all going
to hopefully be able to watch it on television
and many of us visit it over the course of
years in our nation's capital.
2692
But to think back and to recall the
sacrifices of all those young people, of the
hundreds of thousands who gave their lives,
who gave up their tomorrows, who in their
youth laid down their spirits so that we could
be here today to serve in this legislative
body, we are truly blessed to live in this
country and to have such men and women who
would serve.
Thank you, Madam President.
THE PRESIDENT: Senator A. Smith.
SENATOR ADA SMITH: Thank you,
Madam President.
I join with my colleagues on the
other side of the aisle to say that this is a
momentous occasion, especially since my father
too served in World War II, as did many of my
uncles. And especially on behalf of my uncle
who never returned, and I never had the
pleasure of meeting, since I was born in '45.
It has taken too many years to say
thank you to the men who served -- and women,
who served as nurses and so forth -- in World
War II, who because of them we are here today.
And we should take a moment -- if
2693
we do not watch the unveiling, we should take
a moment of our time to say a solemn prayer of
thank you to each and every one who served.
THE PRESIDENT: All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Alesi.
SENATOR ALESI: Thank you, Madam
President. Would you please recognize Senator
McGee.
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Madam President,
I'd like to do a Senate motion to amend a bill
on calendar third reading.
On page number 39, I offer the
following amendments to Calendar Number 389,
Senate Print Number 6120, and ask that said
bill retain its place on Third Reading
Calendar, on behalf of Senator Padavan.
THE PRESIDENT: The amendments
are received, and the bill will retain its
2694
place on the Third Reading Calendar.
SENATOR McGEE: Thank you, Madam
President.
I move to recommit Senate Print
Number 7057, Calendar Number 1201 on the order
of second report, to the Committee on Health,
with instructions to said committee to strike
out the enacting clause, on behalf of Senator
Hannon.
THE PRESIDENT: So ordered.
SENATOR McGEE: Thank you, ma'am.
THE PRESIDENT: Senator Alesi.
SENATOR ALESI: Thank you, Madam
President. May we at this time take up the
noncontroversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
423, by Senator Robach, Senate Print 6300A, an
act to amend the Retirement and Social
Security Law, in relation to deductions.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2695
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
463, by Senator Maziarz, Senate Print 2603B,
an act to amend the General Municipal Law, in
relation to permitting the operation of
certain raffles.
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, 54. Nays,
2. Senators Duane and Padavan recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
485, by Senator Saland, Senate Print 5940B, an
act to amend the Alcoholic Beverage Control
Law and the Vehicle and Traffic Law.
2696
THE PRESIDENT: Senator Alesi.
SENATOR ALESI: Madam President,
may we lay this bill aside for the day,
please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
592, by Senator Rath, Senate Print 5245, an
act to amend the Family Court Act, in relation
to orders of restitution.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
755, by Senator Kuhl, Senate Print 5127, an
act to amend the Vehicle and Traffic Law, in
relation to violations of vehicle weight.
THE PRESIDENT: Read the last
section.
2697
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
776, by Senator Trunzo, Senate Print 6608, an
act to amend the Town Law, in relation to
including the Cherry Grove Fire District.
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, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
838, by Senator DeFrancisco, Senate Print
6909, an act to amend the Public Authorities
Law, in relation to contracts.
THE PRESIDENT: Read the last
2698
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
856, by Senator Volker, Senate Print 5563A --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
865, by Senator Flanagan, Senate Print 5087,
an act to amend the Parks, Recreation and
Historic Preservation Law, in relation to the
Long Island State Park.
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.)
2699
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
892, by Senator McGee, Senate Print 2753A, an
act to amend the General Municipal Law, in
relation to the balancing of public interests.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of July.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
934, by Senator Larkin, Senate Print 6016A, an
act to amend the Agriculture and Markets Law,
in relation to including certain lands.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
2700
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1086, by Senator Alesi --
SENATOR HASSELL-THOMPSON: Lay it
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1115, by Senator Rath, Senate Print 1685, an
act to amend the Penal Law, in relation to
repeat offender status.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
2701
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1117, by Senator Farley, Senate Print 3031, an
act to amend the Civil Rights Law, in relation
to the confidentiality of certain personnel
records.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1124, by the Assembly Committee on Rules,
Assembly Print Number 9159, an act to amend
the Criminal Procedure Law, in relation to
designating.
ACTING PRESIDENT MEIER: Read the
2702
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1126, by Senator Kuhl, Senate Print 6345, an
act to amend the Penal Law, in relation to
criminal possession of ephedrine.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
2703
THE SECRETARY: Calendar Number
1128, by Senator Golden, Senate Print 6544 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1132 --
SENATOR ALESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Please lay that
Calendar 1128 aside for the day.
ACTING PRESIDENT MEIER: 1128
will be laid aside for the day.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1132, by Senator Larkin, Senate Print 6733, an
act to amend the Criminal Procedure Law, in
relation to giving special agents.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2704
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1137, by Senator Alesi, Senate Print 949 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1138, by Senator Nozzolio, Senate Print 963,
an act to --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1166, by Senator Libous, Senate Print 6870, an
act to amend the Town Law and the Public
Officers Law, in relation to providing.
ACTING PRESIDENT MEIER: Read the
last section.
2705
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Schneiderman, to explain his vote.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I'd just like to thank Senator
Libous for bringing this issue to our
attention and addressing it and to promoting
and drawing attention to this issue, which has
really not been addressed adequately in many,
many, many, many years by this body.
Thank you.
ACTING PRESIDENT MEIER: The
Secretary will announce the results.
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1168, by Senator Saland, Senate Print 7020, an
act relating to authorizing the Town of
Wappinger, Dutchess County.
2706
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1169, by Senator Balboni, Senate Print 7134,
an act to authorize the assessor of the County
of Nassau to accept and consider.
SENATOR ALESI: Lay it aside for
the day, Mr. President.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
Senator Alesi, that completes the
noncontroversial reading of the calendar.
SENATOR ALESI: Thank you.
Mr. President, at this time may we
return to Senator Balboni's resolution, open
it for sponsorship to every member. And any
member not wishing to be a sponsor on the bill
2707
will contact the desk.
ACTING PRESIDENT MEIER: Any
member not wishing to be a sponsor of
Resolution 5107, please inform the desk.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we take up the controversial
calendar at this point, starting with Calendar
1086.
ACTING PRESIDENT MEIER: The
Secretary will conduct the controversial
reading of the calendar.
THE SECRETARY: Calendar Number
1086, by Senator Alesi, Senate Print 127, an
act to amend the General Business Law and the
Civil Practice Law and Rules, in relation to
the Uniform Trade Secrets Act.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Alesi, Senator Schneiderman has requested an
explanation.
SENATOR ALESI: Thank you, Mr.
President.
Mr. President, this bill has found
2708
its way to the Senate floor for several years
now it. And it creates the Uniform Trade
Secrets Act, which would bring the State of
New York into line with 41 other states as
well as the District of Columbia, with a
uniform method of treating the
misappropriation of trade secrets.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. Through you, if the sponsor
would yield for a few questions.
ACTING PRESIDENT MEIER: Senator
Alesi, do you yield for a question?
SENATOR ALESI: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Thank you.
I note that in this proposed
legislation, the provision, page 3, line 20,
states "In an action under this article, the
court shall preserve the secrecy of an alleged
trade secret by reasonable means."
Do I take it that the reference to
2709
an alleged trade secret simply means that if
the party who says they've got a trade secret
simply alleges it, that the court is then
empowered to act?
SENATOR ALESI: Thank you.
Through you, Mr. President, I think the
presumption in this legislation means that
such an allegation would have moved it into
the court for the court's determination under
those circumstances.
SENATOR SCHNEIDERMAN: Through
you, Mr. President. But this provision states
that a court shall preserve -- it's not --
there's no discretion here -- the secrecy of
an alleged trade secret by reasonable means,
including but not limited to protective
orders.
So is there any process for
determination of whether or not an alleged
trade secret is a trade secret before this
provision requiring the court to act is
invoked?
SENATOR ALESI: I believe that
that would be the determination made in the
court by the court.
2710
SENATOR SCHNEIDERMAN: Thank you.
And --
ACTING PRESIDENT MEIER: You wish
Senator Alesi to yield for another question,
Senator?
SENATOR SCHNEIDERMAN: No, I
think I'll speak on the bill at this point.
He's minding the store here today.
ACTING PRESIDENT MEIER: Okay.
Senator Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President.
I must admit to being somewhat
puzzled by this piece of legislation. It has
an extraordinarily broad definition of trade
secret, which really includes pretty much
anything that goes on in any area of business.
And all it requires is that a business allege
they have a trade secret, and then they have
the ability to obtain court protection.
It enables some company that
alleges they have a trade secret to bring
proceedings against someone who discloses that
secret, which would clearly have a chilling
effect on whistle-blowers.
2711
And perhaps most remarkably of all,
because I think that there is support for this
legislation by many people and organizations
who, generally speaking, are opposed to the
efforts of the plaintiff's bar in the civil
justice system, this legislation would exempt
companies that bring actions under this
extraordinarily broad statute, enabling them
to silence whistle-blowers and to just simply
allege that they have a trade secret and then
seek restrictive measures, and some of them
being quite punitive.
It would exempt those companies
from Section 8303A of the CPLR. Section 8303A
of the CPLR are provisions to impose costs for
frivolous claims in actions to recover
damages.
So what this essentially says is
we're going to create this extraordinary broad
category of trade secrets. No real limits on
the definition. We're not going to have any
court procedure defined to determine whether
it really is a secret or not; you simply can
allege it.
And if you bring a frivolous claim,
2712
if you frivolously assert it's a trade secret,
you're exempt from the provisions of the CPLR
that penalize people for bringing frivolous
actions.
So I must say that I am puzzled.
I'm a strong believer in the civil justice
system. I think getting things out in the
open is a good thing. In fact, I think we
should be considering in this house the
"Sunshine in Litigation Act," sponsored by
Assembly Member Weinstein, which would amend
the CPLR to prohibit secrecy in agreements
that could conceal a public hazard.
There have been numerous reports
that confidential agreements have delayed
public exposure of products such as defective
Firestone tires, the voltage problem that
resulted in the death of a New York City woman
last year. And I think that we should, in
fact, be considering ways to get more of the
sort of information that corporations seek to
cover up at times out into the public realm.
This proposed legislation today
would do the opposite and would essentially
encourage companies to not even use the
2713
discretion you use now in determining whether
or not to bring an action against someone who
sought to be a whistle-blower, because you're
exempt from the provisions that would penalize
you for a frivolous action.
So I'm going to vote no on this,
and I hope that we will be able to move
forward with a view towards opening up secret
dealings of companies where there are public
interests at stake. The "Sunshine in
Litigation Act" would do this. This moves us
in the wrong direction. I'm going to be
voting no, Mr. President.
Thank you.
SENATOR ALESI: Mr. President, if
I may.
ACTING PRESIDENT MEIER: Senator
Alesi, on the bill.
SENATOR ALESI: With regard to
the general nature of the Senator's comments,
this bill does treat actions taken in bad
faith. It also treats actions taken with a
malicious intent and actions taken with the
intent to harass.
But more importantly, this bill is
2714
designed to bring New York State into what
might be termed compliance with those 41 other
states that I mentioned earlier, so that we
can, as we pursue the development and growth
of high-tech industries, protect those
industries and those people whose ideas are
important to the growth of high-technology
from the misappropriation of information that
would otherwise be termed a trade secret.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1086 are
Senators Andrews, Breslin, Brown, Connor,
Dilán, Duane, Gonzalez, Hassell-Thompson, L.
Krueger, Lachman, Onorato, Parker, Paterson,
Sabini, Sampson, Schneiderman, A. Smith, M.
Smith, and Stavisky. Ayes, 38. Nays, 19.
ACTING PRESIDENT MEIER: The bill
is passed.
2715
SENATOR ALESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: There will be an
immediate meeting of the Senate Finance
Committee in Room 332.
ACTING PRESIDENT MEIER:
Immediate meeting of the Senate Finance
Committee in Room 332.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1137, by Senator Alesi, Senate Print 949, an
act to amend the Correction Law, in relation
to barring sex offenders.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
2716
Alesi, Senator Schneiderman has requested an
explanation of Calendar 1137.
SENATOR ALESI: Thank you.
Mr. President, under current law an
inmate in the state prison system, if he is a
felon or sex offender, is not allowed to
participate in work release. However, through
a loophole, if you will, someone who is in the
state prison system as a sex offender can
participate in community service.
This bill simply tries to bring
into line the community service aspect of what
otherwise would be a work-release-type
opportunity for a convicted sex offender.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I find it
remarkable, looking at this, that the state of
the law, if this legislation were passed,
would be that any person who is an eligible
inmate -- and I'm reading from the language of
2717
the statute -- who's under sentence for a
crime involving infliction of serious physical
injury upon another or any other offense
involving the use or threatened use of a
deadly weapon may participate in a temporary
release program if they get the written
approval of the commissioner.
There is a process for an exemption
for those who are convicted even of violent
crimes with weapons. There's a process for
determining if that may be a particular case
in which someone really can benefit from
community release, really is deserving of
that.
And yet the prohibition that would
be imposed by this legislation would mean that
anyone convicted under any of the offenses
defined in Article 130 of the Penal Law will
not be eligible under any circumstances. Now,
that section of the Penal Law addresses every
possible sex offense from the most egregious
to the most moderate.
Now, there are E&D felonies related
to what used to be called statutory rape here.
These are not good deeds by any means. They
2718
are deserving of punishment. But I really
question the exclusion of anyone just because
they were convicted of a sex offense, as
opposed to attempted murder or assault with a
deadly weapon, from having any possibility of
eligibility for such a program.
I feel very strongly about the
benefits of community service and work release
programs. I worked in a prison with a work
release program, and while it was
controversial getting it started, the benefits
were tremendous.
Most people in our prisons are
coming back into our communities. We may not
like it, but it's the truth. And if we
provide them ways to reintegrate themselves,
if we deal with the reentry component of our
correctional system in a productive way, there
is a better chance they will become good
members of the community, they will become
taxpaying members of the community, they will
reintegrate themselves successfully.
So anything that closes off even
the tiny loophole of allowing approval for a
program with the written approval of the
2719
commissioner I have to strongly object to. I
realize that there's a lot of public agitation
about sex crimes just because of the nature of
the subject matter. But Article 130, which is
what would be covered under this bill,
addresses a lot of crimes. And some of them
are much more modest than crimes which are not
excluded under the current statute.
So I'm going to vote no on this. I
think that we have to consider carefully
whether or not there is a certain degree of
overreaction. It may be that if the statute
was redrafted to limit its application to
certain of the crimes that are covered under
Article 130, it would be something that would
win bipartisan support and could pass both
houses.
Under the present circumstances,
I'm going to vote no and I would encourage
everyone else to vote no.
Thank you.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: I have one
question for the sponsor, if he will.
2720
ACTING PRESIDENT MEIER: Senator
Alesi, do you yield for a question?
SENATOR ALESI: Yes, I'd be happy
to yield.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: I don't see
any distinction in your legislation between
Level 1, 2, and 3. Is that correct?
SENATOR ALESI: The bill simply
states someone who is convicted and is serving
time as an inmate in a state prison for sex
offense, without any regard to what level of
sex offense, shall not be permitted to work in
a community service application.
SENATOR STAVISKY: Thank you.
I have been troubled by the fact
that we do have a Level 3 offender living in
my community. The problem with a Level 3
offender is the likelihood that they will go
ahead and commit a similar crime again.
I'm going to vote for this bill,
but I think there ought to be some
distinctions between the levels that are
provided under the law.
2721
SENATOR ALESI: Mr. President, on
the bill.
ACTING PRESIDENT MEIER: Senator
Alesi, on the bill.
SENATOR ALESI: I feel very
strongly that, with regard to the question of
the discretion of the commissioner, in almost
every other case this house recognizes that
the discretion of the commissioner is vitally
important to the operation of our state's
facilities.
But this house also recognized just
a couple of weeks ago, when we passed a civil
confinement bill, that the recidivism rate of
sex offenders is extremely high. It is
predictable. And in the case of any inmate
who would otherwise be released into community
service while still serving time, is a threat
to the community.
And this is based on allegations
that at least in one case in my area that
someone who was a convicted sex offender was
allowed community service work in a hospital
and allegedly raped a 17-year-old volunteer
candy striper.
2722
There's absolutely no reason why an
inmate who otherwise would not be allowed on a
work release program should be allowed on a
community service program. These people are a
danger to the community. We know that the
recidivism rate is predictably high. And I
would urge my colleagues on the other side of
the aisle who have spoken against this to
reconsider their position.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1137 are
Senators Andrews, Duane, Paterson, and
Schneiderman. Ayes, 53. Nays, 4.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Sampson.
SENATOR SAMPSON: Mr. President,
2723
I'd like unanimous consent to be recorded in
the negative on Calendar Number 1086, Senate
Bill 127.
ACTING PRESIDENT MEIER: Without
objection, Senator Sampson will be recorded in
the negative on Calendar 1086.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1138, by Senator Nozzolio, Senate Print 963,
an act to amend the Correction Law, in
relation to conforming civil immunity
protection.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Nozzolio, Senator Schneiderman has requested
an explanation of Calendar 1138.
SENATOR NOZZOLIO: Thank you, Mr.
President.
That this was a measure that has
been discussed on this floor before. Senator
Schneiderman and I have discussed this measure
that I put forward to ensure that employees of
the Office of Mental Health who work in our
2724
New York State prison facilities have the same
protections for civil litigation against them
as every other employee who works within the
prison facilities.
This measure requires that claims
for damages arising out of the acts of any OMH
employees shall be brought in the Court of
Claims, as against the state.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: The
sponsor is correct, we have discussed this
before. So I will move right to the summation
and dispense with the cross-examination today.
My difficulty with this piece of
legislation is very straightforward. It is
one of a series of bills that are advanced in
this house -- and happily, from my point of
view, do not pass the Assembly -- that seek to
limit the right to trial by jury.
What we have in New York State is
2725
an effort by those who are the opponents of
the civil justice system who style themselves
as tort reformers, recognizing that they're
not achieving the broad reforms in the tort
law that they seek, to chip away at the
problem by creating a two-tier system of
justice in the State of New York.
And this sort of legislation, I
believe, in many respects is even more
invidious than the broad proposals that would
at least change the tort system for rich and
poor alike. This legislation would mean that
if you are severely injured by the misconduct
of an OMH employee outside of a Department of
Correction mental health facility -- say,
you're meeting with someone or being treated
with someone in some other context -- you
would have the right to sue and have a trial
by jury.
If you are someone who happens to
be -- and usually these are people who are
poorer, more poorly educated -- and you're in
a Department of Correction mental health
facility, you don't have a right to trial by
jury.
2726
Similar bills have been proposed
saying that if you're in a public housing
project, you don't have a right to trial by
jury. But if you're injured in front of a
fancy Park Avenue co-op, you do.
What we're essentially doing here
is creating a system in which poor people,
people who are in mental health institutions,
people who are in public housing, people who
are -- and there's a proposal even for people
who are using mass transit, are in the back of
the bus when it comes to our civil justice
system.
And I think that that is a very
dangerous road for the State of New York to go
down. You should not have your fundamental
constitutional right to a trial by jury be
determined by your wealth. You should not
have your fundamental right to a trial by jury
be determined by whether or not you're in a
mental health facility or you're outside of a
mental health facility.
And I would respectfully submit
that it's antidemocratic, I think, at best to
try and take trials away from jurors. I think
2727
that this is not something that was stuck into
the Constitution on a whim. This is a
fundamentally important right to all
Americans. It has worked well for us, I
believe, over the last couple of hundred
years. I don't think anyone argues that the
economic growth of the United States in its
first 200 years was hampered severely by the
fact that pretty much everyone had a right to
a trial by jury. And I think that the
so-called tort reformers are taking us in the
wrong direction.
But having said that, and given the
fact that the enemies of the civil justice
system are not able to change the law as they
see fit, we should not pass these bills that
create a two-tier system of justice. I would
urge that for the well-to-do, for people who
are on the outside of these facilities, for
people who are outside of public housing
projects to have the right to a trial by jury
while we pass bills to take that right away
from those who are inside these facilities or
in public housing is really a terrible
statement about the justice system in the
2728
State of New York.
So I'm going to be voting no, and I
would encourage everyone else to vote no as
well.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Libous, to explain his vote.
SENATOR LIBOUS: Thank you, Mr.
President.
I just want to applaud my colleague
Senator Nozzolio. As the chairman of the
Mental Health Committee, I think it's
extremely important that those employees of
OMH who work in our prison facilities are
protected and they have the same immunity to
those civil damages that other employees in
this prison system have.
And while I have great respect for
2729
my friend and colleague Senator Schneiderman,
I think Senator Nozzolio has done us a great
service in protecting those individuals.
ACTING PRESIDENT MEIER: Senator
Libous will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1138 are
Senators Duane, Hassell-Thompson, Paterson,
and Schneiderman. Also Senator DeFrancisco.
Ayes, 52. Nays, 5.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR ALESI: Mr. President,
may we -- I beg your pardon.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on Calendar 1117, Senate Bill Number
3031, please.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative on Calendar 1117.
2730
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we return to reports of
standing committees, for a Finance report.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations.
As a member of the Capital District
Transportation Authority, C. Michael
Ingersoll, of Saratoga Springs.
As a member of the Niagara Frontier
Transportation Authority, Stephen G. Juhasz,
of Amherst.
As a member of the State Racing
Commission, Lorraine Power Tharp, Esquire, of
Saratoga Springs.
As a member of the Advisory Council
to the Commission on Quality of Care for the
Mentally Disabled, Milo I. Tomanovich,
Esquire, of Rochester.
As members of the State Hospital
Review and Planning Council, Kevin N. Hill, of
2731
Pittsford, and Stephens Marshall Mundy, of
Clinton.
As a member of the Board of
Visitors of the Brooklyn Developmental
Disabilities Services Office, Era Fischetti,
of Brooklyn.
As a member of the Board of
Visitors of the Capital District Developmental
Disabilities Services Office, Marcella B.
Ryan, of Hudson Falls.
As members of the Central New York
Developmental Disabilities Services Office,
Robin E. Ullman-O'Brien, of Clinton, and
Shirley Mary Wilcox, of Little Falls.
As a member of the Board of
Visitors of the Creedmoor Psychiatric Center,
Lula Fisher, of Queens Village.
As a member of the Board of
Visitors of the Finger Lakes Developmental
Disabilities Services Office, Bernice Ziehm,
of Webster.
As members of the Board of Visitors
of the Richard H. Hutchings Psychiatric
Center, Nancy E. Kroot, of Cortland, and
Daniel Mancini, of Oneida.
2732
As a member of the Board of
Visitors of the Mohawk Valley Psychiatric
Center, Barbara L. Lovaglio, of Rome.
As a member of the Board of
Visitors of the Pilgrim Psychiatric Center,
Davis Pollack, DDS, of Bay Shore.
As a member of the Board of
Visitors of the Queens Children's Psychiatric
Center, Willard Hill, of Springfield Gardens.
As a member of the Board of
Visitors of the Rochester Psychiatric Center,
Pamela S. Frame, of Rochester.
As members of the Board of Visitors
of the St. Lawrence Psychiatric Center, Orman
Bomyea, of Malone, and Joanne M. Charleson, of
Canton.
As a member of the Board of
Visitors of the Staten Island Developmental
Disabilities Services Office, Christine
Dickhut, of Staten Island.
As members of the Board of Visitors
of the Sunmount Developmental Disabilities
Services Office, Richard W. Bossert, Ph.D., of
North River, and Paul A. Maroun, Esquire, of
Tupper Lake.
2733
And as a member of the Board of
Visitors of the Valley Ridge Center for
Intensive Care, Stephen M. Bernardi, of
Norwich.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nominations, please.
ACTING PRESIDENT MEIER: The
question is on the confirmation of the
nominees. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
The Secretary will continue to
read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bills:
Senate Print 7317, by Senator
Bruno, Concurrent Resolution of the Senate and
2734
Assembly;
7318, by Senator Bruno, an act to
amend the State Finance Law;
And Senate Print 7332, by the
Senate Committee on Rules, an act making
appropriations for the support of government.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills are ordered directly to
third reading.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we take up Calendar Number
1403 at this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1403, Senator Bruno moves to
discharge, from the Committee on Finance,
Assembly Bill Number 11231 and substitute it
for the identical Senate Bill Number 7317,
Third Reading Calendar 1403.
ACTING PRESIDENT MEIER:
Substitution ordered.
2735
The Secretary will read.
THE SECRETARY: Calendar Number
1403, by the Assembly Committee on Rules,
Assembly Print Number 11231, Concurrent
Resolution of the Senate and Assembly
proposing amendments to Articles IV and VII of
the constitution.
ACTING PRESIDENT MEIER: The
question is on the resolution. The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Senator Hoffmann.
SENATOR HOFFMANN: On the bill,
Mr. President.
ACTING PRESIDENT MEIER: We'll
withdraw the roll call, then.
Senator Hoffmann, on the
resolution.
SENATOR HOFFMANN: Thank you very
much, Mr. President.
This is a very proud day, in many
ways, for this chamber and for the other
chamber as well. This represents the
culmination of years of work by some very
dedicated people who have tried repeatedly to
2736
find ways that we could guarantee an on-time
budget in the State of New York.
Overshadowed, perhaps, by the fact that this
year the budget is once again late, it should
nevertheless be marked as an historic moment
in New York State government history.
This, along with 7318, to be voted
on momentarily, reflect the hard work of the
conference committee led in this chamber by
our Finance chair, Owen Johnson, under the
guidance of Majority Leader Bruno himself.
And it reflects the will of the
people of this state far better than most of
us can actually express today, because the
mood out there is one of great dismay that the
budget has been late for 20 successive years.
All of us are being held accountable for that,
some of us a little bit more than others, I'm
sorry to say.
But those of us who would like to
be able to go home, with pride, to say that we
can now promise that once we have passed this
constitutional amendment by two successive
elected legislatures and then by the people of
this state, beginning in the year 2006, never
2737
again will there be a late budget.
I compliment the leader of the
conference committee in this house, my dear
friend, the esteemed Senator Johnson; all the
members of the conference committee who worked
so hard; Senator Bruno, for having the wisdom
to get the conference committee up and
running; and the members of the other house
who have partnered with us to make this
historic event occur.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: Thank you, Mr.
President.
As my colleague Senator Hoffmann
stated, this indeed is a historic day and
hopefully moving forward what has kept us
behind schedule for some twenty years.
And before I make my comments on
the resolution, I want to again thank Senator
Bruno for his leadership, Senator Johnson, and
certainly my colleagues, Senator Kuhl and
Senator Velella, on this committee that worked
so very hard on, and Senator Oppenheimer from
2738
the other side of the aisle, who was a major
contributor.
I think, because we are in the
process right now of another late budget, the
magnitude of what we're doing here is probably
going to be overlooked by the media. But it
shouldn't be. And I just want to talk about
that for a moment.
After twenty years of frustration,
I think we should all be extremely proud that
we have an opportunity and a document before
us that will actually move the process forward
and allow us to do those things that sometimes
bog us down and make us frustrated.
The resolution, as was stated, will
have to pass this year and have to pass again
next year. I think that's critical and
important for everyone to recognize. And
then, even more importantly, will go before
the public or the voters in 2005.
And I think why we have an
outstanding package here, as we change the
date back to May 1st, then we have the
opportunity to have a contingency or default
budget go into place, I think that it will end
2739
once and for all the quagmire of late budgets.
And, Mr. President, as a member of
the conference committee, I now would like to
just -- I see Senator Bruno has entered the
chamber, and I would like to just thank
Senator Bruno for his leadership, Senator
Johnson.
And this, once and for all, on this
very historic day, once it goes into effect
after the voters vote in favor, will end the
late budget cycle that has presented to us.
And I think all of our work has to move
forward in the fact that we then have to next
year convince the public that moving the date,
putting a contingency budget into place, doing
the many things that are incorporated in this
bill are important.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President. I too would like to join my
colleagues that preceded me in debate on this
issue -- not really to debate the concept of
what we're doing here, but to actually commend
the people who have been involved in this
2740
process.
Now, this process really of budget
adoption has been in its current form for
decades and actually centuries. And so what
we're changing here today is really very
historic, because it's a process that, as I
said, has been in existence for many, many
years and admittedly has been flawed for many,
many, many years.
But the process that brought us to
where we are today and what we're doing today
really started about ten years ago with the
election of our current Majority Leader, that
being Senator Joe Bruno. Senator Bruno, when
he was elected to become the Majority Leader
in 1995, told many of us who were parts of
this chamber that in fact we're going to
devise a new process called, quote, unquote,
joint conference committees, that essentially
we're going to take a proposal from the
Assembly and one from the Senate which really
were different, maybe, in details but were
similar in concept, and bring those together
by sitting members down in open, in public,
and essentially debating the issues within the
2741
four corners of each -- what we call the four
corners of each bill that was there.
I was lucky enough to be appointed
by Senator Bruno to serve on the very first
joint conference committee. Many of you may
remember that. That conference committee
dealt with raising the speed limit from 55
miles an hour on many of our state and federal
highways in this state to 65 miles an hour,
and that came as a result of authorization
from the federal government where we were no
longer penalized for doing that.
Well, that joint conference
committee came to a conclusion, a successful
conclusion, and we raised over a thousand
miles of highways from 55 miles an hour to
65 miles an hour.
There have been many joint
conference committees since then, and many
successful. And we've actually implemented
that process into the budget adoption process.
And many of you remember that, where we have
debated the issues on the budget where there
were differences of opinion between the
houses, and we've done that successfully to
2742
conclusion.
Well, this is perhaps the most
historic joint conference committee's report,
and that is dealing with what we call a
concurrent resolution before us right now, at
this moment, which will change the method by
which we adopt a budget forever. So that
there will no longer be the ongoing criticism
of this house and the other house for late
budgets, because that will be ended, once
adopted, forever. In other words, we will
have a budget in place on time all the time
after this.
I think it's probably the most
historic moment really on the floor of this
house in the 24 years that I've served in the
State Legislature. And it all comes from the
leadership that we have sitting here in the
chair right ahead of me, Senator Bruno. And
certainly Senator Johnson has done a wonderful
job, Senator Libous, and the other members of
the joint conference committee.
But, you know, while this joint
conference committee was successful in
succeeding in concept, there's a tremendous
2743
amount of detail that's involved. And all you
have to do is to pick up one of the bills, the
concurrent resolution or the bill on
implementation, and you can see that there's a
tremendous amount of detail that's involved in
this. And we've had staff on this now for
about three months. So they have been very,
very good at dotting the Is, crossing the Ts,
and they've done a wonderful job in both
houses bringing this to conclusion.
So I stand here before you today to
compliment all the people that have been
involved in this process, starting back with
Senator Bruno's initiation of the joint
conference committee and leading right up till
today's adoption.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Thank you, Mr.
President.
I stand here to eliminate a
misapprehension which I shared with some
others that this process began eight or ten
years ago in this house and the other house.
2744
And looking over my notes, I found out that
Senator Bruno introduced this default budget
procedure back in 1985, which is a lot more
than ten years ago. So he's always been a
leader, and I think he has waited more than
anyone to get this process done.
And I commend him for appointing
myself, which I appreciate, Senator Velella,
Senator Kuhl, Senator Libous, and Senator Suzi
Oppenheimer to work with the Assembly and try
to get this together.
The fact that we've been
successful, there's been a lot of moral
support from everyone in both houses, both
parties, and we're today almost at that
historic moment where the process will lead
inevitably to a reform process.
I want to just praise the Senate
Finance Committee director, Mary Louise
Mallick, and her staff for all the work
they've put in, not just giving us advice or
checking in with them over the six weeks or
eight weeks of discussion, but for finally
putting this bill together with the Assembly.
It is a historic achievement. I'm
2745
pleased to be a part of it. And you all
should take pride in it as well, because
you're all going to be lauded by your
constituents for finally getting budget reform
going.
So thank you very much, and let's
go on.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President and colleagues.
This is an exciting moment. And
thank you to the chair of this conference
committee, and all the members, and Senators
Kuhl and Velella and Libous. This was
extremely difficult -- and Senator
Oppenheimer -- to get an agreement on, because
we have been at this for ten years, literally,
all of us in some way or other, trying to get
this done.
We have it done. And we have it
done in a way that I believe meets all of the
requirements that a constituency out there
would have for good government. And that's a
credit to everyone in this chamber and to
2746
everyone in the Assembly, that we could close
on something as complicated as this and have a
resolution on the floor to change the
constitution of New York State and a bill that
then implements a constitutional change.
So this truly is a credit to the
whole process of governing. And what is so
important for all of us to recognize is that
we must get a constitutional change in order
for the law, the bill that we're going to take
up as part of what we're doing to be
implemented. So it's a cart and horse, the
chicken and the egg, but they go together.
And if life goes the way we would
like to have it go, this resolution will be
passed this year, and with the bill, the
implementing language, it will pass second
passage next year, and that's in '05, it will
go before the voters in November. The voters
approving that, the language will be in place.
Then the cycle starts to move the
fiscal date to May 1st, which is part of this,
create the independent budget conference
committee, so to speak, that will help with
the numbers that we always get hung up on in
2747
some objective way, and it starts the whole
process early. From the Governor through the
amendment period, it shortens that, the public
exposure. And it also deals with the
contingency that when last year's budget goes
into place, if we fail to agree on a budget
and the revenues aren't there, this deals with
that contingency.
And I'm sure the chair of Finance
can talk about the ramifications of that.
Because the intent is that if that's the case,
there will be uniform cuts, with exceptions
like those that are mandated in health care
and in school aid and things like that, that
we will then deal with separately and
independently.
But the constitutional change
allows us to have a contingency budget upon
the failure of our agreement. Now, that's not
to say that all of us won't be diligent in
trying to get a budget agreed on legislatively
and signed by a governor. This is not the
intent.
In fact, when you examine this
closely -- and I'm sure all have you have and
2748
will -- you'll find that there's compulsion
built into this, for us as a Legislature and
with the Executive, to change the budget that
goes into place in a contingency so that we
still have to negotiate and agree as an
elected, representative body. And that's
critical to, I believe, all of our lives.
So again, I want to just thank the
chair, Senator Johnson, and the committee
members and all of you, my colleagues, and the
Speaker and the Assembly for their diligence
in staying with this. Because we had a very
difficult time in getting what we all thought
was agreed on policywise into print, word for
word. That's always a challenge for all of
us, because the spoken word is interpreted
many times in different ways.
So we are here, and I'm grateful to
all of you for your diligence, for your
patience, and for your support.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Ada Smith.
SENATOR ADA SMITH: Thank you,
Mr. President.
2749
I too would like to thank Senator
Bruno for putting this conference committee
together, to the members, especially Senator
Libous, who -- he claims that he has been
agonizing over the budget for twenty years.
But, Tommy, we've only been here 16.
(Laughter.)
SENATOR ADA SMITH: But I'm
extremely pleased because the amendment takes
into consideration all of the things that we
have been saying over the years about the
budget. And finally we are at the crossroads
where we can go home and proudly say to our
constituents: We have done the job, hopefully
it is up to you, you must go out and vote and
make sure that it becomes law.
Thank you.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the resolution.
I have tremendous respect for the
amount of work that went into this process.
This is extremely complicated. I think it
does show the success of the conference
2750
committees.
But I would like to caution my
colleagues we have a long way to go before
making this resolution a reality.
Constitutional amendments, there are a lot of
complex issues. And there is another
participant in the process who I hope we can
get engaged, and that is the Governor, who has
as yet been silent on this issue.
And I hope that the Executive
branch will note the bipartisan unanimity on
this -- both houses, both parties -- and get
involved, because we do need his support if we
are to make this resolution into a reality
that has been sought by so many of my
colleagues for so many years.
As Senator Bruno knows, on our side
of the aisle we're in strong support of this
as well. And I would offer to use my
influence with the Governor to get him on
board, but I'm not sure that would be of
assistance. But I will do whatever I can do.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
2751
SENATOR LIZ KRUEGER: Thank you,
Mr. President. On the bill.
I'm also very pleased to stand up
today and say that I am proud of both of our
houses, both parties, for moving forward with
agreements on some significant changes to
budget reform, both through the constitutional
amendment and through the enabling legislation
that I believe we'll be moving forward with.
I too agree we still have a long
way to go. We have to get this passed two
sessions of the Senate and the Assembly and
bring it to the voters. And I think we'd all
agree that perhaps from no one's perspective
are they perfect bills. But it is an
opportunity to significantly improve the
budget process in the Legislature, something
that I have only been fighting for for about
3 years, 2½ years here in the Senate.
And so I'm very pleased, after all
of my raising this issue and in fact sometimes
criticizing my colleagues -- where are we, why
isn't this coming -- to be able to stand here
and thank both houses, both parties for
working together.
2752
I'd also just like to highlight,
and I think Senator Kuhl said it before, when
we come together, when we have standing
conference committees, when we sit down and we
negotiate out differing visions of the same
goals, we make progress. This year we've seen
a number of conference committees; not only
the budget reform conference committee, we
have the ongoing HAVA, Help America Vote Act,
conference committee that I think is making
some progress in both houses. We have the
Rockefeller Drug Law reform conference
committee that's just started. We might have
a lobbying reform conference committee before
the year is out.
And I would just like to offer up
to my colleagues to review a bill that I've
submitted, S498, which would call for the
appointment of an ongoing standing committee
on conference to resolve differences between
similar but not identical bills between the
houses.
Certainly the budget reform
progress we're making today is a reflection of
when both houses, both parties, sit down and
2753
try to work out differences. I think it's
been an excellent model and a success -- thank
you, Senator Bruno -- and hope we can use it
more often, because I think we make progress
with it.
So I'm very pleased to be here
today to participate in this event, and hope
that we will bring this to completion with
passage of the constitutional amendment over
the next year and a half.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Twelve
years ago I ran for this office pledging that
I would end late budgets. It's a little late,
but we're ending late budgets. And I'm sure
anybody who has been elected to this office in
the last 16 years made the same pledge to
voters -- over and over and over again.
And quite frankly, for all of us,
it's probably been the most embarrassing part
of this job, to go back home and try to
explain a system that made absolutely no
sense.
2754
And because of the determination, I
think, of Senator Bruno primarily, year after
year, passing our budget bills, having news
conferences, inviting the Assembly to show up
for a meeting, to keep pushing the issue and
pushing the issue, now the issue at least has
been passed for the first time, budget reform.
In fact, I had one of those
contingent budget bills; it was one of my
first bills that I introduced. And everybody
had their own version of it. But the fact of
the matter is that's the lynchpin of the whole
process, I think, that something goes into
effect if we fail to meet that May 1 deadline
by a new budget.
So I am very pleased that this day
has happened, has occurred. And I know
Senator Bruno has pledged to again pass this
bill next year, and I'm sure the voters will
see the wisdom of this new system.
Secondly, as Senator Kuhl
mentioned, I think it's important to recognize
the importance of the conference committees.
Because it's pretty easy to hide behind the
position when the discussions are really
2755
behind closed doors.
But being a member of the
Rockefeller Drug joint commission, when you
have to debate things publicly and put your
positions out on the table for the public to
scrutinize, I believe there's a much stronger,
a much greater chance of coming to a
resolution.
So that process has also been
extremely helpful, and hopefully it will be
expanded.
So this is a good day. I'll be
more relieved once the voters pass it next
November.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Yes, I also
would like to stand and speak on behalf of
this bill, which has been long in coming. And
the leadership should be thanked on both sides
of the aisle for working it out before
December 31st of this year.
As one of my colleagues said,
constitutional amendments are difficult to
pass and go through. It needs the support of
2756
everybody in this house over the next two
years, and a major endeavor to convince the
voters that this is superior, though not
perfect, to what we've had before.
I also would like to bring to your
attention the fact that conference committees
are important, but they cannot resolve all
issues. There should be complete transparency
in the workings of the conference committees,
as all other committees in this house of the
Legislature.
Thank you.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President.
I just wanted to congratulate all
the leaders and the members of the conference
committee. It's something we've talked about
for a long time, and it's something that we've
finally proven really does work. Sometimes
you get a few different voices in on the
discussion. Both sides have goodwill, but
perhaps both sides just need a different
perspective, and maybe that's what we saw
2757
here.
And so we are now starting to
ratify the agreement that was reached by the
Speaker and the Majority Leader -- who sits
right here, proudly -- on March 31st. And we
are quite happy to support it. We appreciated
the opportunity for many of us to be part of
the legislation. This is what I think we all
signed up for when we got into public service.
And I think this is a real great day, not only
for the Senate but for the Legislature.
And we have other conference
committees, one that was called by the
Majority Leader of this house on the
Rockefeller Drug Laws issue. And I appointed
myself to the committee to demonstrate how
important we think that issue is. But there
are several others, relating to the Help
America Vote Act, lobbying reform, and other
areas that I hope we'll address before we get
out of here.
But this is certainly a step in the
right direction and one that demonstrates that
in spite of the fact that we have campaigns,
and it's our duty really as Americans to
2758
present a different point of view and to let
it be voted on biannually, in our case, and
our quadrennial referendum on leadership and
presumably policy from Washington, that we
would oppose each other in that way as we
present our different views to the public, but
here in this chamber that we can work together
on both sides of the aisle.
Thank you.
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: Thank you, Mr.
President.
The actions that we take here on
this floor define the relatively short period
of time that any of us are here. May we be
remembered for putting in place an important
piece of legislation long overdue, as all of
you have said.
My sincerest thanks to the members
of the conference committee, the leaders of
the conference committee in both houses for
making it possible to be a part of this
landmark piece of legislation.
The victory here today is maybe not
2759
ours. I think maybe the people of New York
have finally won one, and the democratic
process has also won one.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
I too join my colleagues in recognizing that
this is a historical day.
And I certainly intend to vote for
this here. But I'm also a little bit
disappointed in the fact that we had to get to
this process. Because I've been here for 21
years; I was fortunate enough to vote on one
budget that was on time.
And it goes to prove that if we put
our heads and shoulders together with these
conference committees, if we had started them
right from the get-go, perhaps we wouldn't
require a constitutional amendment to make us
do what we're all elected to do, to pass a
budget on time. I don't think there's any
other state in the union that has this passed
to get their budget done.
So it's a step in the right
direction, and I hope that next year that this
2760
committee meets a lot sooner so that we get
the budget done ourselves, not one passed by
the constitution.
I intend to vote yes.
ACTING PRESIDENT MEIER: Senator
Larkin.
SENATOR LARKIN: Thank you, Mr.
President.
You know, when Senator Bruno became
the leader of this house, he promised each and
every one of us that we would do what was in
the best needs of the people of the State of
New York. More than one time in our
discussions he reminded us that local
governments have a responsibility to have a
budget in place, and if it doesn't happen,
then a previous budget falls into place.
He's tried for many, many years to
forge both houses together to look at what was
going to go on and how we would do it.
This, as my colleague Senator Kuhl
said a few minutes ago, is a most historic
date for us in this state. We are finally
going to give the people of the State of New
York an opportunity which they are solely
2761
entitled to, to vote to tell us that this is
the way it must run.
But, you know, without leadership
and without dedication, none of this would
happen. Yes, I'm sure there's days when the
Majority Leader would have liked to kick each
one of us in the britches -- just the men I'm
speaking of -- and get us in line to make some
of these moves.
But this is important. We also
must make sure that we go out and we let
everybody know that this is finally the end of
twenty years, that we are now going to put
something in place that's going to take care
and focus on government just as it does at
towns, villages, cities, and counties.
I commend the Majority Leader. I
know the hours that my colleagues -- Senator
Kuhl, Senator Johnson, Senator Libous -- put
together on this were time-consuming and at
times probably frustrating. But thank you for
keeping your eyes on the wheel and the goal.
And thank you, Senator Bruno, for your
leadership.
ACTING PRESIDENT MEIER: The
2762
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1404.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1404.
THE SECRETARY: Calendar Number
1404, by Senator Bruno, Senate Print 7318, an
act to amend the State Finance Law, in
relation to establishing a procedure.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 39. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
2763
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1405.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar Number 1405.
THE SECRETARY: In relation to
Calendar Number 1405, Senator Johnson moves to
discharge, from the Committee on Finance,
Assembly Bill Number 11277 and substitute it
for the identical Senate Bill Number 7332,
Third Reading Calendar 1405.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1405, by the Assembly Committee on Rules,
Assembly Print Number 11277, an act making
appropriations for the support of government.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there a message of necessity and
appropriation at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
2764
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity and appropriation signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
Read the last section.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Johnson, an explanation has been requested by
Senator Schneiderman with regard to Calendar
1405.
SENATOR JOHNSON: Mr. President,
this is another emergency appropriation bill
which will pay the bills from May 24th through
May 31st.
It appropriates $2.3 billion: $600
million for Medicaid; $368 million for
2765
temporary disability assistance programs;
state payroll requirements, $196 million;
$112 million for school aid payments and other
incidental items.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
I've spoken before about my
objection to this process of us doing one-week
budget extenders. And we are now approaching
the Memorial Day weekend and another holiday
for legislators. And frankly, I feel that we
don't really deserve a holiday this year
because the most fundamental part of our job,
which is passing a budget to provide funds for
all the programs that we purport to care
about, seems to be beyond us.
And I have voted no on these
extenders. I've been joined by a dozen or so
of my colleagues on this side of the aisle.
This is the appropriation bill; I'll vote no
on this and on the language bill.
But I would urge my colleagues that
in my district, at least, people are not
2766
buying the notion that we can't pass a budget
because we can't figure out a way to fund the
high-needs school districts identified in the
Campaign for Fiscal Equity case.
And everyone seems to be saying
that, oh, there are technical reasons, there
are problems, there are reasons we can't fund
it. On March 31st, Senator Paterson rolled
out our conference's proposal for the budget.
And I have broken out of that, or had the
staff break out of that our proposal for
education funding.
We identified sources of revenue
explicitly. We identified how we can have a
$20 billion capital program over five years.
We identified how we can provide a billion
dollars in operating aid for this year and
$10 billion over five years without going over
the total number of the budget that was
proposed by the Governor in the Executive
Budget.
So we're proud of our work on this
and our staff's work and Senator Paterson's
proposal. I would urge my colleagues that the
excuse that we can't pass a budget because we
2767
can't figure out a way to provide money for
schools that have children being taught in
bathrooms and in hallways, we can't find money
to provide enough books so that students have
up-to-date textbooks, we can't provide enough
money so that the poorest districts aren't
saddled every year with the least experienced,
most poorly trained teachers, is just not
cutting it.
We can provide the money. The
money is there. We have identified specific
sources of revenue. I'm going to vote no
because we should be staying here until we
resolve this issue. It is time for us to
provide funding for the schools.
The plaintiffs in the Campaign for
Fiscal Equity case have scheduled a conference
for June 4th with the judge. They have
already made a request to appoint the master
early so he can get up to speed before -- or
she, before the July 30th deadline.
We should not allow the school
funding formula of the State of New York to go
to a special master appointed by the judge.
It is really a shame that we've come this far
2768
and that we're going into the Memorial Day
recess without addressing the issue.
Once again, you're all welcome to
any help we can give you. Senator Paterson
laid this out on March 31st, and the numbers,
if anything, look even better today as some of
the sources of revenue have actually grown.
So I will be voting no again, Mr.
President. There's no reason we can't pass a
budget and provide fair funding for schools,
and we should do so before we leave town.
Thank you.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Thank you, Mr.
President.
I would suggest to the speaker
representing the Minority, and to the Minority
Leader, several things.
First, the Senate is prepared with
a plan that would do exactly what you say,
provide a reasonable amount of money for those
districts statewide where needs have been
identified that are unmet, within the existing
stream of revenues that we can anticipate this
2769
year and in the coming years over which the
plan would be appropriately applied. There's
no doubt we can do that. And we're prepared
to do that.
I would suggest to you, however,
that you take a walk over on the other side of
this Capitol and advise the Speaker that we're
prepared to do that and for him to put in
place his plan that is compatible with what
you just said and what we are saying.
Now, this message has been conveyed
time and time again. But for some reason,
we're not getting a response back. The last
thing in the world we want to have happen is
for this issue to be turned over to a master,
preempting our responsibilities and doing
those things that would only relate to the
City of New York and not to many other
districts throughout this state where there
are identifiable needs, whether it's
Rochester, whether it's Yonkers, whether it's
Albany, Buffalo, wherever it may be.
You should know, if you don't
already, that we want to do that in this
house. And our impediment at this point in
2770
time is the Assembly. So if you have any
influence with that leadership or members of
that house, get them to put down, as we have
already done, before those individuals who
meet, a plan of action that would respond to
your well-stated aim as well as ours.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I certainly believe that opening up
the process a little more would be helpful in
this particular case. And I'm having all
sorts of requests for influence I don't have
today with the Governor and with the Speaker,
but I'm happy to do whatever I can do.
I do think that it would be very
helpful if the Senate has a plan for us to get
it out in the open and talk about it. I think
that the difficulty here is that everyone
claims they want to fund the high-needs school
districts. And Senator Paterson's proposal
does address the statewide need to expand the
CFE decision, essentially, to include Buffalo
and Yonkers and Syracuse and other areas.
2771
And Senator Padavan rightly points
out that if we go back to the master, that
master will only have the jurisdiction to
order additional funding for New York City
schools. So all of those other school
districts will be the biggest losers.
But everyone seems to say we want
to do this -- and we hear some of the same
sort of references from our colleagues in the
Assembly -- but no one wants to put their plan
out in the open and show where we're going to
get the money to do it. And I think we're in
a -- sort of a game of reverse chicken here.
We have to get a proposal on the
table. We have to get something out there so
we can say to the public we're fighting about
this. I would love for us to start -- if you
want to just edit and mark up Senator
Paterson's proposal, we have said what people
are afraid to say: here's where we're going
to get the money.
We're going to close corporate
loopholes that would raise $310 million. It
was done in New Jersey, raised hundreds of
millions of dollars. So the people whose ox
2772
would be gored by that move could identify it,
criticize us.
Empire Zone reform, $75 million a
year; Bottle Bill expansion, $168 million a
year. Enacting combined reporting for taxes,
which is just ludicrous that we don't have
this -- other states do -- $450 million a
year.
We've got a proposal. If my
colleagues on the other side of the aisle in
this house have a proposal, let's put
something on the table. We're not getting
anywhere waiting for the other house to come
out with a proposal and, you know, identify
their sources of revenue. And maybe we should
just bite the bullet and go first.
We will certainly do whatever we
can do to encourage our colleagues in the
other house to step up to the plate. They
have expressed their willingness to
significantly expand funding for high-needs
school districts. But this game of reverse
chicken where no one wants to move forward is
not working. So perhaps an approach of
getting some more of this out in the open
2773
would be appropriate.
I think that at least for what we
can do in the Senate Minority, we have tried
to do so. We've identified sources, we've
subjected ourselves to the criticism of those
who would pay the taxes. And I think it's
time for some of the Majority members in this
house and the other house to join us in
acknowledging the fact that we're going to
need to fund the high-needs school districts
somehow, whether we do it ourselves or whether
we're ordered to do so by the court.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
would Senator Schneiderman yield.
SENATOR SCHNEIDERMAN: I would be
honored to yield.
SENATOR SKELOS: Just -- you
identified some of the sources of revenue.
Out of curiosity, under the Minority's plan,
would the existing formula that has been
developed on aid to education be maintained?
SENATOR SCHNEIDERMAN: This is
2774
actually a budget proposal that identifies the
funding. And it does not specifically
addressed the funding formula. We also have
proposals to support changing the funding
formula, but that's not included in the
proposal.
My point is simply is that the
excuse for not passing a budget is the claim
that we can't identify the revenue.
I certainly also support reform of
the funding formula, but that is not an issue
that's addressed specifically in the plan that
I was referring to.
SENATOR SKELOS: But you would
look to handle the so-called CFE issue, but
you do not have a total education package yet
prepared by the Minority in terms of what the
suburban schools would get, Long Island, the
City? You work within the formula, or do you
work outside of the formula?
SENATOR SCHNEIDERMAN: We did not
identify the changes to the formula that we
would seek to make. Obviously, under the CFE
decision, we have to change the formula.
We have, however, identified the
2775
sources of revenue, which appears to me to be
the biggest stumbling block.
If your suggestion -- what I'm
getting from this question is that in fact the
Senate Majority is also able to identify
sources of revenue, thus, you know, teeing up
the issue of addressing the funding formula,
maybe that is a way to move it forward.
I agree that there are still are
difficulties on the issue of the funding
formula. But I don't think there's any reason
why we should delay all the other operations
of the state and keep school districts in
limbo by not passing a budget when the money
is there to provide a down payment, even if we
don't have a final agreement on the reform of
the founding formula.
Our obligation under the Court of
Appeals decision is to identify sources of
revenue, assess the cost of a sound, basic
education, and enact whatever reforms are
necessary -- it's not just limited to
appropriating money -- to see that every
student in the state receives a sound, basic
education.
2776
So the requirement is that we have
a plan in place prior to July 30th. I would
suggest, as we come closer to that deadline,
it might be necessary for us to appropriate
some money this year by way of a down payment,
which has been requested by the plaintiffs,
have a provisional resolution, if we can't
have a final resolution of some of these
issues related to the funding formula, and
avoid the imposition of a special master.
Because again, we disagree about a
lot of things and we probably -- given the
nature of your district and my district, we
may disagree about how a formula should be
drafted. But I think we all agree that a
master taking over this process would be a
very unfortunate result.
And I gather from the briefs in the
case and from the arguments that have gone on
so far and from the Court of Appeals decision
that a provisional solution, as long as we're
enacting appropriate reforms, might be -- it's
not the ideal decision, but it may be
necessary.
SENATOR SKELOS: Senator
2777
Schneiderman, if you'd continue to yield, I
appreciate a long answer to a very short
question.
I guess my question really is, does
the Minority's plan -- you plan to raise
money, but you do not have a total plan in
terms of education spending this year in terms
of the City, upstate, and the Island and
whether the formula will be maintained?
SENATOR SCHNEIDERMAN: No, that's
correct. They're two separate issues.
SENATOR SKELOS: That's a perfect
short answer.
SENATOR SCHNEIDERMAN: We have
not issued a comprehensive plan for that.
We have, however, bitten the bullet
on the first step, which is identifying the
sources of funds.
SENATOR SKELOS: Thank you.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
2778
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1405 are
Senators Andrews, Breslin, Duane,
Hassell-Thompson, L. Krueger, Lachman, Parker,
Paterson, Sabini, Schneiderman, A. Smith, and
Stavisky. Ayes, 47. Nays, 12.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Krueger, why do you rise?
SENATOR LIZ KRUEGER: I would
like unanimous consent to be recorded as a no
negative on Calendar 1138, S963.
ACTING PRESIDENT MEIER: Without
objection, Senator Liz Krueger will be
recorded in the negative on Calendar 1138.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if you would lay aside Calendar Number 856, by
Senator Volker, for the day.
ACTING PRESIDENT MEIER: Calendar
856 will be laid aside for the day.
SENATOR SKELOS: Is there any
housekeeping at the desk?
2779
ACTING PRESIDENT MEIER: Yes, we
have some housekeeping, Senator.
SENATOR SKELOS: Just -- I'd urge
the members that we're not finished. We're
going to do housekeeping, but we're then going
to stand at ease.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, on
behalf of Senator Bruno, I wish to call up his
bill, Print Number 6023, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
303, by Senator Bruno, Senate Print 6023, an
act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
2780
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Andrews.
SENATOR ANDREWS: I rise to sit
back down.
ACTING PRESIDENT MEIER: All
right.
SENATOR ANDREWS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Andrews.
SENATOR ANDREWS: Actually, Mr.
President, I request unanimous consent to be
recorded in the affirmative on the last bill
that we just voted on, Calendar 1405.
ACTING PRESIDENT MEIER: Without
objection, Senator Andrews should be recorded
in the affirmative on Calendar 1405.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could just stand at ease.
2781
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 5:25 p.m.)
(Whereupon, the Senate reconvened
at 5:55 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there's not.
SENATOR SKELOS: On behalf of
Senator Bruno, I hand up the following
committee change and ask that it be filed in
the Journal.
ACTING PRESIDENT MEIER: The
committee change will be received and filed.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we stand adjourned until Tuesday,
May 25th, at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, May 25th, at 11:00 a.m.
2782
(Whereupon, at 5:57 p.m., the
Senate adjourned.)