Regular Session - May 25, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 25, 2004
11:09 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, May 24, the Senate met pursuant to
adjournment. The Journal of Sunday, May 23,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Golden, Madam
President, on page 77 I offer the following
amendments to Calendar Number 1298, Senate
Print 7290, and I ask that that bill retain
its place on the Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FARLEY: Madam President,
on behalf of Senator Nozzolio, I wish to call
up his bill, Print Number 5926A, which was
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
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756, by Senator Nozzolio, Senate Print 5926A,
an act to amend the Highway Law.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR FARLEY: Madam President,
I wish to call up Senator Kuhl's bill, Print
Number 1876, which was recalled from the
Assembly, and it is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
27, by Senator Kuhl, Senate Print 1876, an act
to amend the Vehicle and Traffic Law.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Madam President,
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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, 40.
SENATOR FARLEY: Madam President,
I offer the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR FARLEY: On behalf of
Senator Saland, Madam President, please place
a sponsor's star on Calendar Number 1258.
THE PRESIDENT: So ordered. The
bill will be starred at the sponsor's request.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there are substitutions at the desk,
if we can make them at this time.
THE PRESIDENT: Yes, there are.
The Secretary will read.
THE SECRETARY: On page 4,
Senator Morahan moves to discharge, from the
Committee on Rules, Assembly Bill Number 5776
and substitute it for the identical Senate
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Bill Number 4057, Second Report Calendar 1376.
On page 6, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10968 and substitute it
for the identical Senate Bill Number 6899,
Second Report Calendar 1393.
On page 8, Senator Little moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9483 and substitute it
for the identical Senate Bill Number 2962,
Third Reading Calendar 12.
On page 17, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 617C and substitute it
for the identical Senate Bill Number 2514C,
Third Reading Calendar 307.
On page 17, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6995E and substitute it
for the identical Senate Bill Number 3129D,
Third Reading Calendar 308.
On page 60, Senator Trunzo moves to
discharge, from the Committee on Judiciary,
Assembly Bill Number 9440 and substitute it
for the identical Senate Bill Number 995A,
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Third Reading Calendar 1110.
On page 61, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7993A and substitute it
for the identical Senate Bill Number 3894A,
Third Reading Calendar 1120.
On page 74, Senator Johnson moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10936 and substitute it
for the identical Senate Bill Number 7234,
Third Reading Calendar 1264.
On page 79, Senator Flanagan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10083 and substitute it
for the identical Senate Bill Number 6690,
Third Reading Calendar 1309.
On page 80, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10882 and substitute it
for the identical Senate Bill Number 6377,
Third Reading Calendar 1318.
And on page 84, Senator LaValle
moves to discharge, from the Committee on
Rules, Assembly Bill Number 10398A and
substitute it for the identical Senate Bill
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Number 6874A, Third Reading Calendar 1365.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar,
with the exception of Resolutions 5136, 5175,
and 5176.
THE PRESIDENT: All in favor of
so adopting the Resolution Calendar please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is so adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could have Resolution 5176, by Senator
Seward, read in its entirety and then move for
its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Seward, Legislative Resolution Number 5176,
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congratulating the Oneonta State Women's
Soccer Team and Coach Tracey Ranieri upon the
occasion of capturing the NCAA Division III
Championship.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play and team
spirit, nurtured by dedicated coaching and
strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
developing a sense of fair play and
competition; and
"WHEREAS, The Oneonta State Women's
Soccer Team are the NCAA Division III
champions; and
"WHEREAS, Oneonta State won its
first national college championship since 1977
with a 2-1 women's soccer victory over the
University of Chicago; and
"WHEREAS, After tying the score
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with 29 seconds remaining in regulation,
Oneonta State won the national title by
scoring a goal two minutes and 54 seconds into
overtime; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach Tracey Ranieri, a skilled
and inspirational tutor, respected for her
ability to develop potential into excellence;
and
"WHEREAS, The team's overall record
of 21, 1, and 3 is outstanding, and the team
members were loyally and enthusiastically
supported by family, fans, friends and the
community at large; and
"WHEREAS, The hallmarks of the
Oneonta State Women's Soccer Team, from the
opening game of the season to participation in
the championship, were a sisterhood of
athletic ability, of good sportsmanship, of
honor and of scholarship, demonstrating that
these team players are second to none; and
"WHEREAS, Athletically and
academically, the team members have proven
themselves to be an unbeatable combination of
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talents, reflecting favorably on their school;
and
"WHEREAS, Coach Tracey Ranieri has
done a superb job in guiding, molding, and
inspiring the team members toward their goals;
and
"WHEREAS, Sports competition
instills the values of teamwork, pride and
accomplishment, and Coach Tracey Ranieri and
these outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition of their school; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Oneonta State Women's Soccer
Team, and Coach Tracey Ranieri, on their
outstanding season and overall team record,
and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Oneonta State Women's Soccer Team and
to Coach Tracey Ranieri."
THE PRESIDENT: Senator Seward.
SENATOR SEWARD: Thank you, Madam
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President.
If you look up the word
"excellence" in the dictionary, you will soon
find the words "Oneonta State women's soccer"
listed as the first definition. It's my
pleasure today to stand and honor the women's
soccer team of SUNY Oneonta for their pursuit
of excellence and for their achievements.
It's an outstanding group of women.
This is a team that, under the
direction of Coach Tracey Ranieri, has been
winning accolades for a long time. But that's
been capped this past fall with their winning
the national Division III NCAA championship.
In fact, SUNY Oneonta hosted the final games
of the championship tournament on their very
excellent soccer facilities on campus.
Their overall record was 21, 1, and
3, and that last game, as the resolution
indicates, was an exciting game. The outcome
was in doubt right to the last seconds.
But this is an outstanding group of
young women athletes who have brought credit
not only to SUNY Oneonta but, because of their
national championship, they bring credit to
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the entire State of New York.
Here in the gallery today, we have
the president of SUNY Oneonta, Alan Donovan;
the coach, Tracey Ranieri, and her husband,
David, who is also assistant coach of the
team; as well as a number of team members who
are joining us.
And I know that all of my
colleagues join me in honoring this
outstanding group of women and their coaches
and the college of SUNY Oneonta. They do us
proud.
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 and continued
success to you.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could have Resolution 5175, by Senator
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Seward, read in its entirety and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Seward, Legislative Resolution Number 5175,
commending James D. Donnelly, Jr., Principal
of James A. Green High School, upon the
occasion of his being named "National
Principal of the Year."
"WHEREAS, New York State's
commitment to education is unparalleled; and
"WHEREAS, Its illustrious history
and stature is secured by the superlative
caliber of its professionals and the students
they inspire; and
"WHEREAS, James Donnelly, Jr.,
principal of James A. Green High School,
Dolgeville, New York, has been named
MetLife/NASSP/SAA New York State Principal of
the Year. He will be honored at a New York
State ceremony on September 16, 2003, and he
will also be presented with an award and a
grant, to be used to improve learning and
opportunities in Dolgeville, at a ceremony in
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Washington, D.C., on November 15, 2003; and
"WHEREAS, Launched in 1993, the
MetLife/NASSP/SAA New York State Principal of
the Year program annually recognizes
outstanding middle-level and high school
principals. Those honored are ones who have
demonstrated extraordinary leadership,
commitment to students and staff, service to
their communities, and contributions to the
overall profession of educational leadership;
and
"WHEREAS, Each of the 50 states,
the District of Columbia, and the Department
of Defense Education Activity select one
middle-level and one high school principal.
From these state winners, six finalists --
three middle-level, three high school -- are
selected and are eligible for the National
Principal of the Year award; and
"WHEREAS, James Donnelly, Jr.,
received his recognition based on his ability
to enhance the educational opportunities for
his students. With a new code of conduct,
there has been a significant decrease in
attendance and discipline challenges. There
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has also been a 70 percent increase in the
number of Regents diplomas earned by
graduating students since 1994; and
"WHEREAS, James Donnelly, Jr.,
began his administrative career in 1987 as
assistant principal/social studies teacher at
Gregory B. Jarvis High School. He became
principal of the high school and the Herkimer
County BOCES in 1988. In 1990, James
Donnelly, Jr., became dean of students for
New Hartford Senior High School. He has been
principal at Dolgeville since 1993; and
"WHEREAS, Since James Donnelly,
Jr., became principal of Dolgeville High
School, he has successfully introduced the
middle-school team concept, restructured from
42-minute classes to an 80-minute block
schedule, developed an Advanced Placement
Course program, and collaborated with Herkimer
County Community College for Dolgeville
students to earn up to 41 college credit
hours; and
"WHEREAS, James Donnelly, Jr.,
introduced 'Certificates of Competencies' for
the government, English, computer, and
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economics programs, allowing seniors to
graduate with certificates with their
diplomas. He also developed a consortium of
parents, businesspeople, community leaders,
and area ministry to promote character
education as a component of the overall high
school experience. And he instituted a
student recognition system for academic
excellence; and
"WHEREAS, His leadership extends to
his community, where he is a founding member
of the Genesis Group, a business and civic
effort to improve Mohawk Valley economic
development, and chairman of the steering
committee for the Mohawk Valley Energy
Technology Corridor Consortium; and
"WHEREAS, James Donnelly, Jr., has
been involved in professional organizations
which include: National Association of
Secondary School Principals, 1990 to present;
School Administrator Association of New York
State, 1990 to present; SAA New York State
Legislative Government Liaison Committee, 1998
to present; SAA New York State Public
Relations Policy Committee, 1993 to 1994; and
2800
SAA New York State Professional Development
Committee, 1994 to 1998; and
"WHEREAS, A 2002 state government
reports labels Dolgeville a rural school
district with high student needs in relation
to district resources, yet James Donnelly,
Jr., secured additional special education
resources, Internet access for every
classroom, and increased the emphasis on
character education; and
"WHEREAS, Throughout his career,
James Donnelly, Jr., has brought uncommon
valor and wisdom to his role as educator. His
distinguished career has been characterized by
an impressive commitment, enthusiasm, and an
uncompromising standard of excellence in all
his endeavors; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor James
D. Donnelly, Jr., principal of James A. Green
High School, upon the occasion of his being
named 'National Principal of the Year,' and be
it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
2801
to James D. Donnelly, Jr., principal of James
A. Green High School, Dolgeville, New York."
THE PRESIDENT: Senator Seward.
SENATOR SEWARD: Thank you, Madam
President.
All of us in New York State can be
very, very proud of the caliber and quality of
the men and women who are responsible for
educating our young people in our schools
today, and particularly those who take
leadership roles in our school buildings. And
I'm very honored that the 51st Senatorial
District is home to a high school principal
who has received national recognition for his
accomplishments.
James Donnelly is principal of the
James A. Green High School in Dolgeville,
New York, which is in Herkimer County. It's a
relatively small rural school district, but he
has done amazing things for that school
district and the students and faculty and
staff at that high school.
As the resolution outlines many of
his accomplishments, he has brought forth that
high school in terms of the improvement of not
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only morale in the building, but real results
in terms of test scores and the number of
students receiving Regents diplomas when they
graduate.
For these reasons and many others,
it's very appropriate that Jim Donnelly be
named Principal of the Year for the whole
nation. And we're very, very proud of Jim and
his accomplishments.
Jim, you have touched many, many
lives, of young people and your staff, and for
that this body pauses to congratulate you upon
your honor. Congratulations.
(Applause.)
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
I also rise to salute Principal
Donnelly. I know that you, as a former
teacher, and as I was a former teacher in high
school, going to law school, were always in
awe of principals because they all have been
our bosses.
But it's a tough job, it's
something that is difficult. But to find out
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that somebody from our area in particular is
National Principal of the Year, that is really
an outstanding award. We're very, very proud
of you.
Incidentally, it's my understanding
it's getting more and more difficult to get
people to go into administration and become
principals because it is such a difficult job.
We're very proud of you,
Mr. Donnelly. We're very proud of what you've
done for Dolgeville. And we wish you well, to
you and your family and your students.
Thank you.
THE PRESIDENT: On the
resolution, all in favor please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Congratulations. Best wishes for
continued excellence.
Senator Skelos.
SENATOR SKELOS: Madam President,
2804
there's a resolution at the desk by Senator
Larkin. If we could have the title read and
move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 5211,
commemorating Memorial Day, May 31, 2004, in
the State of New York.
THE PRESIDENT: On the
resolution, all in favor please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a resolution at the desk, 5136, by
Senator Libous. If we could have it read in
its entirety and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
2805
THE SECRETARY: By Senator
Libous, Legislative Resolution Number 5136,
memorializing Governor George E. Pataki to
proclaim May 25, 2004, as Senate Disabilities
Awareness Day in the State of New York.
"WHEREAS, The New York State Senate
Select Committee on the Disabled is sponsoring
the 24th Annual Senate Disabilities Awareness
Day in Albany, New York; and
"WHEREAS, Members of this
Legislative Body have selected residents from
their districts who embody the celebrated
spirit of perseverance and determination to
achieve through adversity, to be honored as
2004 Senate achievers; and
"WHEREAS, In addition, a technology
fair will be held with exhibitors from across
the state displaying their programs; and
"WHEREAS, It is the sense of this
Legislative Body that persons with
disabilities merit our recognition as they
realize the goals of inclusion and equality in
our communities and society at large; and
"WHEREAS, It is the intent of this
Legislative Body to recognize persons with
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disabilities, accentuating in turn the benefit
to New York State of their contributions to
our economic, educational and social growth;
and
"WHEREAS, Senate Disabilities
Awareness Day so clearly labors for the
positive and salutary definition of the
communities of the State of New York; and
"WHEREAS, Senate Disabilities
Awareness Day provides individuals with an
opportunity to acknowledge and understand the
legislative process; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to memorialize
Governor George E. Pataki to proclaim May 25,
2004, as Senate Disabilities Awareness Day in
the State of New York, fully confident that
such procedure mirrors our shared commitment
to the efflorescence of human dignity; and be
it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Honorable George E. Pataki, Governor of
the State of New York, and selected
representatives of persons with disabilities."
2807
THE PRESIDENT: Senator Libous.
SENATOR LIBOUS: Thank you, Madam
President.
First off, before I speak on the
resolution, I want to welcome our interpreter,
Karen Weiden, who is here with us today in the
Senate chamber.
And, Madam President, I would also
like to offer the resolution for cosponsorship
by all of my colleagues. And if I could do
that at this time too, and make sure that all
their names be put upon this resolution.
Today is a very special day and a
day that I get very excited about. It is the
24th annual Senate Disabilities Awareness Day.
And it is a day that I have participated in
for 16 years now, as I begin my 16th year in
the Senate. And it has helped me become a
better person, it has helped me become a
better legislator, and also understanding the
needs of people with disabilities.
Today we had the third annual
Senate Achievers Award Day. And in the
chamber with us, and in the galleries, we have
many of our achievers who received awards and
2808
are here. And they have led some pretty
remarkable lives.
We have achievers that have done
some outstanding things, like Michael Watson,
who is a quadriplegic, but he is employed as a
dispatcher for the Corning Police Department.
And of course Gwen Allard, who runs
a program to help individuals with
disabilities enjoy recreational activities and
skills.
I have a gentleman with me today on
my right side who is retired Corporal Daniel
Bush, who is a remarkable young man who serves
as the assistant coordinator for veterans
services in Broome County. Corporal Bush was
in Albania helping to free folks from the
American Embassy, and unfortunately a bunker
came down upon him, about two tons of bunker,
and left him disabled.
But that didn't stop him, and it
didn't stop any of the individuals in this
room, because there are a lot of stories like
Corporal Bush's. And it's important that as
legislators and as New Yorkers we take time
out every year to honor their achievements, to
2809
recognize that individuals with disabilities
have the same opportunities, the same rights,
the same purpose for goals, to live as normal
a life as anyone does.
And oftentimes we take that for
granted. As a matter of fact, most of the
time those of us who have no disability at all
take it for granted.
As chairing the Committee on Mental
Health and Developmental Disabilities for the
last 12 years, I have become uniquely aware
and very sensitive to the plight of people
with disabilities and how as a legislative
body we need to continue to do more.
We have done so much under Senator
Bruno's leadership, under the support of all
of you, but we need to go much further. We
need to make every day an awareness day, an
opportunity day so that people with
disabilities have the same opportunities that
every New Yorker has.
You know, Henry Holden was a guest
here a number of years ago. Henry was an
actor. You may have seen him back in the '70s
in a variety of shows, and he was disabled.
2810
And Henry basically said this, and I believe
that this is something that we should all keep
in our mind as we move forward in helping
people with disabilities. But Henry's words
were: "Attitudes are the only real
disabilities." And isn't that true.
Attitudes are the only real disabilities.
Before I conclude on my remarks,
because I'm sure some of my other colleagues
would like to speak, I want to thank all of
our achievers. I want to say congratulations
and how proud I am personally of each and
every one of you, and of your accomplishments.
Your accomplishments have made a great
awareness to me as an individual and helped me
in my life, and for that I want to say thank
you.
For those who are in the gallery
who are visiting today, if you go into the
Well of the Legislative Office Building, there
are a number of displays that will be up until
2 o'clock, and there's a booklet. Please pick
up a copy of the booklet, because in there is
a biography on each of our achievers and their
accomplishments.
2811
Thank you, Madam President.
THE PRESIDENT: Senator Balboni.
SENATOR BALBONI: Madam
President, today marks another milestone on a
journey that the entire community of special
citizens in this nation have been traveling.
In 1990, the Americans With
Disabilities Act passed, to huge
controversy -- what was it going to cost, how
was it going to be done, could we maintain it.
And yet we've seen, along this path and this
journey, that acceptance, tolerance,
appreciation have been the true values and
benefits of that legislation.
I'd like to applaud Senator Libous
for his steadfast commitment to this day and
to the people who make it so special. But
another journey takes place every day, and
this is my window on the world, if you will,
of the Americans With Disabilities Act.
I have a constituent who's here in
the chamber today, wheelchair-bound, travels
from New Hyde Park every day from his house to
the train station, gets on the train, takes a
train into Penn Station, and operates a
2812
shoeshine business in the heart of Penn
Station, then gets on the train, goes back
home and is a trustee in the Village of New
Hyde Park.
Now, I think that I have a lot of
challenges in my day, or at the end of the day
I'm a little tired. Nothing like this
gentleman. He does it without complaint, he
does it every day, and he's one of the
happiest people I've ever met. He's with us
today, Don Barbieri.
And by the way, I apologize,
because I know by mentioning one name --
you're all champions, you all have so much to
contribute to this state.
But it reminds me of his personal
journey, it reminds me of the greater journey
that all of us have had in this very special
and important occasion.
Thank you, Madam President.
THE PRESIDENT: On the
resolution, all in favor please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
2813
(No response.)
THE PRESIDENT: The resolution is
adopted.
And best wishes on behalf of the
Senate to each and every one of our guests.
(Standing ovation.)
THE PRESIDENT: Senator Marchi.
SENATOR MARCHI: I want to
apologize, having this as a postscript. She
anticipated, and she heard the clapping. And
had I made my motion a little earlier, it
would have been embodied in the eloquent
statement that was made by the chairman of the
committee, who has a very sensitized feeling
about people with mental disability and that
the means exist to respond to it in a very
constructive way.
Of course, our chairman here was a
successor to Warren Anderson in this floor,
and I just wondered what could he possibly do
to -- and he sensitized us all to the subject
of his concern. And you folks are included.
We have someone from Staten Island,
Mary Guardino, who has a very distinguished
background. And I would just move to have her
2814
name included with the same force and effect
that was applied to others. National mental
health society advocacy leader for over 20
years, working to ensure effective care and
services for the mentally ill and enhance
public awareness, reduce the stigma associated
with mental illness and facilitate the
acquisition of treatment.
She has excelled and holds a
distinguished position as chairman, founder
and executive director of the national
nonprofit mental illness advocacy
organization.
So you can revel in the fact, Mary,
that you are bathing in the love and
estimation that emanated from this body, also
for you, because you have operated in a field
that is not difficult to approve but then very
difficult to implement. Because there are
answers that can be provided, there are
remedies that can be availed of that provide a
very valued answer in a return to a normal
life.
So we want to congratulate you too.
Everything that was said is with full force
2815
and effect in your favor.
Thank you, Madam President.
THE PRESIDENT: Thank you,
Senator.
Any member who does not wish to
sponsor the last resolution, please notify the
desk.
Senator Paterson.
SENATOR PATERSON: Madam
President, I will not delay the proceedings
any longer. Actually, I'd have been here
sooner, but I couldn't find the chamber.
(Laughter.)
SENATOR PATERSON: So I guess I'm
eligible under the Disabilities Act.
But I wanted to commend Senator
Libous, all the advocates for coming here as
they do every year, and for improving the
lives of so many New Yorkers who have a lot to
offer.
The population of blind people who
are working in this country is 29 percent.
The population of hearing-impaired or deaf
people working is 10 percent. The population
of ambulatory disabled people working is
2816
41 percent.
We have tremendous resources, a
group of people better educated than the
average member of society, but with almost no
wages and no real support. If we can pool our
efforts and collaborate on the opportunities
for them to receive the same things that we
want -- a decent opportunity in education,
which they get and they do well, but then a
decent opportunity of employment and to
receive health care and to establish
housing -- then I think we will have done a
lot to fulfill what our commitment is to all
New Yorkers.
And it's in that vein that Senator
Libous and many others have been able to
create a very significant improvement. It's
not where we want to be, but it's certainly a
lot better than what we've done. And we hope
that they enjoy their trip to Albany and that
we learn from them and from each other.
Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
just a reminder to all our guests that are
2817
still in the chamber that there will be a
luncheon at 12:00 noon -- 12:00 noon, Senator
Libous -- in the Well.
And of course, on behalf of Senator
Bruno, we welcome all our friends to the
chamber.
And, Tom, I just want to say great
job. It's just a wonderful, wonderful day and
a day that I think is the nicest day in
Albany. So we welcome all of our guests.
If I could call an immediate
meeting of the Finance Committee in the
Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
841, by Senator Hoffmann, Senate Print 181, an
act to amend the Penal Law, in relation to
2818
inciting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1036, by Senator Breslin, Senate Print 5357A,
an act authorizing the Little Red School House
Historical Society.
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, 57.
THE PRESIDENT: The bill is
2819
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe we missed Calendar Number 593.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
593, by Senator Rath, Senate Print 5285, an
act to amend the Domestic Relations Law, in
relation to children born to a married couple
by any means of assisted reproduction.
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
802, by Member of the Assembly Rivera --
SENATOR SKELOS: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
2820
aside for the day.
THE SECRETARY: Calendar Number
1093, by Senator DeFrancisco, Senate Print
6987, an act to amend the Estates, Powers and
Trusts Law, in relation to the right of
election.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1119, by Senator Volker, Senate Print 3506, an
act to amend the Penal Law, in relation to
trespassing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
2821
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1128, by Senator Golden, Senate Print 6544 --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1129, by Senator Little, Senate Print 6573, an
act to amend the Criminal Procedure Law, in
relation to authorizing defendants.
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1131, by Senator Flanagan, Senate Print 6649,
2822
an act to amend the Penal Law, in relation to
the period of probation for public lewdness.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1139, by Senator Nozzolio, Senate Print 3830A,
an act to amend the Correction Law, in
relation to merit time eligibility.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect September 1, 2004.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
2823
THE SECRETARY: Calendar Number
1147, by Senator Balboni, Senate Print 3579,
an act to amend the Penal Law, in relation to
nuclear-powered electric generating
facilities.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1160, by Senator McGee, Senate Print 6184, an
act to amend the General Municipal Law, in
relation to authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of July.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
2824
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1165, by Senator Flanagan, Senate Print 6682A,
an act to authorize St. Luke Lutheran Church
to file an application.
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. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1167, by Senator Little, Senate Print 6877, an
act to amend the Local Finance Law, in
relation to advance refunding.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
2825
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1300, by Senator Robach, Senate Print 7305, an
act to amend Chapter 63 of the Laws of 2004,
amending the Civil Service Law.
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1304, by Senator Robach, Senate Print 6729, an
act to amend the Executive Law, in relation to
facilities.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2826
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
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, in
relation to sale.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1280, by Senator Skelos, Senate Print 5302B,
an act to amend the Civil Service Law, in
relation to reduction.
THE PRESIDENT: There is a
home-rule message at the desk.
2827
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1363, by Senator Skelos, Senate Print 7258, an
act to authorize the Lynbrook Fire Department
Emergency Medical Company No. 1 to file an
application.
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, 57.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Madam President,
2828
there will be an immediate meeting of the
Corporations Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Corporations
Committee in the Majority Conference Room.
Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President. I'd ask consent to
reconsider Senate Bill 5357A, by Senator
Breslin. I'd like to be recorded in the
negative, please.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the controversial reading of
the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1128, by Senator Golden, Senate Print 6544, an
act to amend the Penal Law.
SENATOR SCHNEIDERMAN:
2829
Explanation.
THE PRESIDENT: Senator Golden,
an explanation has been requested.
SENATOR GOLDEN: Thank you, Madam
President.
In New York City, with the
MetroCard in place, with these new machines
that we have outside the token booths, with no
token booths, the token booths are closed,
what you see are people purchasing these
MetroCards through these machines and then
entering into the train station to go to their
destination.
There's no help down there, there
is no assistance. And if those machines are
broken, you're lost. You have to find another
train station, a cab, a bus.
And what we find out is we have the
professional thief or the professional crook
that is downstairs jamming these machines,
breaking these machines, playing with the
cards themselves, the swipe cards, so they can
get more rides on those swipe cards and then
selling those swipe cards to the unsuspecting
tourist or to the individual who has to get to
2830
and from work.
So at the city's request, we're
trying to limit those machines being broken
and limit those -- that new enterprise that
has started down in the train station, by
moving this to a misdemeanor. When it is a
summonsable offense, there is no way of
tracking it, there's no way of knowing who is
committing these crimes.
By moving it to a misdemeanor
allows us to track it, allows us to know who's
doing it, and it also gives us the opportunity
to find out what other crimes may be going on
in the system as well.
We are hoping that this bill will
get passed through the Senate here and through
the Assembly so that we can (a) allow the
people to move through the system easier and
their passes to work, but also to increase
revenues for the city and state of New York
because those are lost revenues when those
people sell those cards in the train stations.
And that's lost revenue to the city and to the
state, and we're looking to put a stop to
that.
2831
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. Through you, if the sponsor
would yield for a question.
THE PRESIDENT: Senator Golden,
will you yield for a question?
SENATOR GOLDEN: I do.
THE PRESIDENT: You may proceed,
Senator.
SENATOR SCHNEIDERMAN: I
appreciate the seriousness of the problem this
legislation is intended to address. It is
certainly a problem in my district. But I
just wanted to make sure that it is not
interpreted in an overly broad way.
Would this apply to an individual
who simply is selling their leftover rides on
their MetroCard to someone they know?
I mean, if they're engaged in, you
know, a transaction, they have a friend who
needs a MetroCard or there is someone leaving
New York who wants to sell their MetroCard,
would they be subject to the penalty of a
misdemeanor for a single sale of a MetroCard
2832
under this bill?
SENATOR GOLDEN: No.
And there's also the other side of
that coin, where you have a tourist here
that's here and that person is leaving that
day and has that MetroCard, would we charge
that person with a misdemeanor for selling his
or her card if they were leaving the city.
The answer is no.
And this is for multiples. And
hopefully we can put an end to the criminal
activity of some of these criminals that make
$800 a day at the expense of New York City and
New York State.
SENATOR SCHNEIDERMAN: Thank you.
And through you, Madam President,
if the sponsor would yield for one more
question.
THE PRESIDENT: Senator, will you
yield for a question?
SENATOR GOLDEN: I do.
THE PRESIDENT: You may proceed,
Senator.
SENATOR SCHNEIDERMAN: Just to
make sure this is clear on the record, since
2833
we use shorthand, the reference to "multiples"
means multiple sales or transactions in a
MetroCard. This would apply to more than one
transaction, presumably. Is that correct?
SENATOR GOLDEN: Yes, Senator.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR SCHNEIDERMAN: I'm going
to support this legislation. But I would urge
my colleagues that what we're seeing here is
the beginning of a series of very, very
serious unintended consequences as a result of
the MTA's current program.
The MTA is dead set on a program to
shut down token booths, have clerks wandering
around on the platform, make the public rely
on MetroCard machines and turnstiles without
the presence of any sort of transit employee.
And I think we are going to see
more problems like this. And I would urge
that in a time when we are very concerned
about public security, we really need to use
whatever leverage we have with the MTA to try
2834
to get them to reverse course.
Token booth clerks present near
turnstiles are the most cost-effective crime
prevention and terrorism prevention mechanism
we have. The MTA is moving to restrict those.
The MTA is moving to automate under
circumstances where automation invites this
sort of conduct.
And we shouldn't put the burden on
our police officers to have to police a
problem that doesn't have to exist, that
exists because the MTA has this program of
automation. They're going to save a little
bit of money by reducing the number of
employees, but the problems that are going to
be created are going to be severe.
If you were in a subway station and
someone had a medical emergency or there was a
crime or there was a terrorist incident, you
would like to have a token-booth clerk in an
identifiable location with an emergency
button. The MTA's program that has created
the problem addressed by this bill is designed
to remove the token-booth clerks from those
facilities. It will make our stations less
2835
safe; it will make our stations less
convenient.
And I'm afraid that as much as this
particular bill may give our police officers a
method of addressing a very specific problem,
I think these sorts of activities will
continue as long as we have a program of
automation under circumstances in which it
really cannot function properly.
So I'll support this bill, but I
would urge all of my colleagues that we're
going to be seeing more issues related to the
MTA's program as we go forward.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
2836
passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
I apologize, I was out of the
chamber at a committee meeting. And so I want
to record some negative votes, if I may have
unanimous consent. Calendar Number 593, 1119,
1128 -- we just did that, excuse me -- 1129,
and 1139.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative, Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar 1139.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
SENATOR MONTGOMERY: Thank you.
THE PRESIDENT: Senator Skelos,
2837
that completes the controversial reading of
the calendar.
SENATOR SKELOS: Thank you, Madam
President. If we could return to reports of
standing committees, I believe there's a
report of the Finance Committee at the desk.
I ask that it be read.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bills:
Senate Print 7338, by the Senate
Committee on Rules, an act to amend Chapter
405 of the Laws of 1999;
And Senate Print 7339, by the
Senate Committee on Rules, an act to provide a
quarterly authorization.
Both bills ordered direct to third
reading.
THE PRESIDENT: Both bills are
ordered directly to third reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could just stand at ease.
2838
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 12:00 p.m.)
(Whereupon, the Senate reconvened
at 12:07 p.m.)
ACTING PRESIDENT WRIGHT: Senator
Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1406.
ACTING PRESIDENT WRIGHT: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1406, Senator Johnson moves to
discharge, from the Committee on Finance,
Assembly Bill Number 11282 and substitute it
for the identical Senate Bill Number 7338,
Third Reading Calendar 1406.
ACTING PRESIDENT: Substitution
ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1406, by the Assembly Committee on Rules,
Assembly Print Number 11282, an act to amend
Chapter 405 of the Laws of 1999.
2839
ACTING PRESIDENT WRIGHT: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT WRIGHT: There
is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT WRIGHT: All in
favor of accepting the message of necessity
please say aye.
(Response of "Aye.")
ACTING PRESIDENT WRIGHT:
Opposed, nay.
(No response.)
ACTING PRESIDENT WRIGHT: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT WRIGHT: Senator
Johnson, an explanation has been requested.
SENATOR JOHNSON: Well, Mr.
President, this bill provides a 30-day
2840
extension for Quick Draw and the Loft Law.
That's all. Period.
ACTING PRESIDENT WRIGHT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
These are language bills to
accompany the appropriation extender that we
voted on yesterday. And we're extending Quick
Draw and the Loft Law.
Once again, I strongly object to
our continuing with this passive approach to
solving our state's budget problem. We are
extending Quick Draw until June 30th and the
Loft Law until June 30th as we break for yet
another recess.
Again, Senator Paterson has urged
that we stay here until we're finished. We
are happy to work on whatever outstanding
issues there are. We had a discussion
yesterday about our conferences having
identified funds for school funding. And
Senator Skelos rightly pointed out that we
should have a funding formula if we're going
to solve the problem, so I'm sure we will be
2841
responding to that question.
But once again, this process of
extending the budget and extending the budget,
keeping the pressure off with no noticeable
progress on the substantive issues that affect
our state, I find completely objectionable.
It puts a challenge to members
because a lot of people don't want to vote
against an extension of Quick Draw or
certainly not against an extension of the Loft
Law. But this process is objectionable. We
have been voting no to these temporary
extenders in the past.
In this case, we're talking about
one program a lot of people don't like and one
program a lot of people don't think should be
held hostage at all to this process, the Loft
Law.
But I will once again be voting no,
because I think we -- until we're putting the
effort in that our constituents deserve in the
quest to pass a state budget on time, or not
too late, I don't think we should be going
through this process of temporary extenders.
Thank you, Mr. President.
2842
ACTING PRESIDENT WRIGHT: Any
other Senator wishing to speak?
Senator Padavan.
SENATOR PADAVAN: Yes, Mr.
President, to explain my vote.
If you read the report I sent to
you a couple of weeks ago, there was a whole
section on Quick Draw. It talks about the
addictive nature of this game and why we
oppose it from the outset, why it's been so
destructive, why it has created more problems
than benefits despite the revenues that are
mentioned in the supporting memoranda. And so
therefore I will continue to oppose it.
At the same time, I wish to make it
as a matter of record that I am fully in
support of the Loft Law continuation, and I've
always said so and will continue to do so.
Thank you, Mr. President. I vote
no.
ACTING PRESIDENT WRIGHT: Senator
Ada Smith.
SENATOR ADA SMITH: Thank you,
Mr. President.
I too have some very strong
2843
feelings about these two issues being tied
together. They have no correlation and no
relationship, and I feel strongly that the
Loft Law should not be held hostage with Quick
Draw.
The Loft Law is very important to
most of us in the City of New York. And many
of us are just about ambivalent about the
Quick Draw, or we oppose it. And as long as
the two of them are tied together, I will be
voting in the negative.
ACTING PRESIDENT WRIGHT: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you.
Briefly on the bill.
I share my colleagues' concerns
about the tying together of these two separate
issues.
And also, after a day yesterday
where I think we all felt proud of the fact
that we are moving forward on budget reform
and the commitments that we had made to the
people of New York, to be to some degree
straight-shooters here in the Legislature
about what our goals were and what we were
2844
hoping to accomplish, it is disturbing to just
the next day discover that we are right back
at the shenanigans that we have become
infamous for.
Why would we deal a one-month
extender on an important bill, on the Loft
Law, where people's homes are at stake and now
they must float through another month hoping
we address this fundamental issue? And we all
know what we're going to do on that bill, and
yet we instead use it as a holdout hostage
with the Quick Draw bill, which many people
disagree with.
And I appreciate Senator Padavan's
fine work on this and the issues that he's
raised about the specific addictions of the
Quick Draw program and the impact it's having
on people.
And so I will vote no on this bill.
I am very disturbed that we yet again hold
these two issues together as hostages for each
other.
And again, I was hoping yesterday
might be the beginning of a new approach in
this house to how we dealt with budget and
2845
legislative issues. And unfortunately, today
reflects that we need to go back to our
training for this.
Thank you, Mr. President.
ACTING PRESIDENT WRIGHT: Senator
Larkin.
SENATOR LARKIN: Thank you, Mr.
President.
You know, I hear this negative
debate about Quick Draw for the umpteeumpth
time. I never see those individuals who are
the recipients of funding for their school
districts or whatever else.
About four years ago in this
chamber, we said if you want to have Quick
Draw, you've got to invest in your facility,
you've got to have 40 percent being food, not
just alcohol. And a lot of these young men
and women went out and borrowed money, and
then they had to start paying it back.
In 1999, we shut them down for
almost four months. Nobody helped them pay
their bills. They had no access to make this
mortgage payment out of the money that they
borrowed in order of support of Quick Draw.
2846
Quick Draw generates about
$168 million that goes into the budget, that
goes into education. Is Quick Draw the answer
to all of our problems? No. But should we
take the people we asked to be a partner with
us in fixing some of our shortfalls, should
they be punished once again?
If we shut down Quick Draw, sure,
people will say we'll stop this scratch
gambling, we'll stop it. You nor I will never
stop gambling in this state. At least we have
some way of controlling something. But you'll
see gambling on sidewalks, street corners,
pool halls, you name it.
We have a legitimate business.
Here we have people who sell Quick Draw. It
helps them pay for their business; it helps
them pay for their employees. I went to a
place on Saturday and I said, What would
happen?
He said: "You see these four girls
here, these ladies that are working here? The
moment you fail to do it, I'll fire them and
I'll tell them to send their bills to the New
York State Legislature."
2847
Let's wake up and be responsible.
ACTING PRESIDENT WRIGHT: Any
other Senator wishing to speak?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT WRIGHT: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1406 are
Senators Duane, L. Krueger, Montgomery,
Padavan, Paterson, Sabini, Schneiderman, A.
Smith, and Stavisky. Ayes, 48. Nays, 9.
ACTING PRESIDENT WRIGHT: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
before we take up the next bill, I just want
to mention to the members of the Majority that
there will be a conference following session.
If we could take up, now, Calendar
Number 1407.
ACTING PRESIDENT WRIGHT: There
will be a Majority conference following
2848
session.
The Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1407, Senator Johnson moves to
discharge, from the Committee on Finance,
Assembly Bill Number 11283 and substitute it
for the identical Senate Bill Number 7339,
Third Reading Calendar 1407.
ACTING PRESIDENT WRIGHT:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1407, by the Assembly Committee on Rules,
Assembly Print Number 11283, an act to provide
a quarterly authorization for the state's
consolidated local street and highway
improvement program.
ACTING PRESIDENT WRIGHT: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT WRIGHT: There
is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT WRIGHT: All in
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favor of accepting the message of necessity
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT WRIGHT:
Opposed?
(No response.)
ACTING PRESIDENT WRIGHT: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act --
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT WRIGHT: Senator
Johnson, an explanation has been requested.
SENATOR JOHNSON: We have had a
consolidated highway improvement program in
this state for many years. The Governor has
proposed approximately $242 million for the --
in his budget.
This is a quarterly payment,
one-quarter of the amount appropriated by the
Governor, for towns, villages, cities and
counties, et cetera.
ACTING PRESIDENT WRIGHT: Senator
2850
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
I'd like to thank the sponsor for
his explanations.
And I unfortunately think that this
bill reflects more clearly than pretty much
any other that we've passed so far in this
piecemeal process of constantly extending
programs and extending the budget as we really
avoid taking responsibility for our inability
to pass a complete budget.
This legislation is essentially a
serious cut to the Consolidated Highway
Improvement Program. The Governor proposed a
significant cut, $35 million out of a
$241 million budget, and this is an allocation
consistent with the Governor's proposal.
So now what we're faced with here
is not some abstract harm. What we're faced
with here is critical highway programs that
are going to be underfunded.
And this is not a situation, I
would urge my colleagues, where providing more
money later in the year necessarily can remedy
2851
the problems. There are projects underway.
And as we all know, justice delayed is
sometimes justice denied. Well, funding
delayed is frequently funding denied if you're
a local government trying to contend with
these problems.
I'm going to vote no again. Once
again, my colleagues, I urge you, we have to
do better than these piecemeal extensions.
This one, in addition to objecting to the
process, does the substantive harm of putting
into effect the Governor's very, very
shortsighted cuts to a program that is
critical as we drive around the state. And
certainly particularly in the poorer
communities in this state, we are in need of a
lot of road repair and highway reconstruction.
So I'm going to vote no again and
urge all my colleagues to do the same.
ACTING PRESIDENT WRIGHT: Any
other Senator wishing to speak?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT WRIGHT: Call
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the roll.
(The Secretary called the roll.)
ACTING PRESIDENT WRIGHT: Senator
Oppenheimer, to explain her vote.
SENATOR OPPENHEIMER: What has me
so very upset about this CHIPS bill is as an
ex-mayor, I can tell you I was very reliant on
the CHIPS funding. That stands for
Consolidated Highway Improvement Program.
And for our local roads, without
CHIPS funding it is almost impossible to keep
them maintained. And I don't have to tell any
of you what this past winter has done to the
potholes. And they're not potholes, they're
like sinkholes right now. Your whole car goes
into them.
So I don't know what will happen at
the local level to our roads without
maintenance of the funding of CHIPS that we've
had in the past. Which has been inadequate in
the past, and cutting it is just not
tolerable.
I'll be voting no.
ACTING PRESIDENT WRIGHT: Senator
Oppenheimer recorded in the negative.
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Senator Johnson.
SENATOR JOHNSON: I'd like to
speak on this bill for a moment.
If 80 percent of the amount you
want is not enough, zero percent is even less.
So anybody who votes no obviously doesn't want
any money to go to their municipality for the
next 90 days for highways and so on.
I think it makes sense to vote for
this bill and work together when we put the
budget together to get the money back that you
think you should have, which I think we should
have, which we will get back.
Thank you.
ACTING PRESIDENT WRIGHT: Senator
Johnson recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1407 are
Senators Breslin, Duane, L. Krueger,
Oppenheimer, Paterson, Sabini, Schneiderman,
and Stavisky. Also Senator A. Smith. Ayes,
49. Nays, 9.
ACTING PRESIDENT WRIGHT: The
2854
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
earlier today we adopted a resolution by
Senator Larkin concerning Memorial Day. With
the consent of the Minority, we'll put all
members on the resolution.
If anybody wishes not to sponsor
the resolution, they should notify the desk.
Is there any housekeeping at the
desk?
ACTING PRESIDENT WRIGHT: There
is none.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we stand adjourned until Tuesday,
June 1st, at 3:00 p.m., intervening days being
legislative days.
And there's an immediate meeting of
the Majority in the Majority Conference Room.
ACTING PRESIDENT WRIGHT: On
motion, the Senate stands adjourned until
Tuesday, June 1st, at 3:00 p.m., intervening
days being legislative days.
Reminder, there is a Majority
2855
conference immediately following session.
Senate is adjourned.
(Whereupon, at 12:25 p.m., the
Senate adjourned.)