Regular Session - June 7, 2004
3159
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 7, 2004
3:10 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, please, in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, June 6, the Senate met pursuant to
adjournment. The Journal of Saturday, June 5,
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 Meier.
SENATOR MEIER: Thank you, Madam
President.
Madam President, amendments are
offered to the following Third Reading
Calendar bills:
By Senator Wright, at page 16,
Calendar 387, Senate Print 4890D;
By Senator Marcellino, page 21,
Calendar 514, Senate Print 5861;
By myself, at page 21, Calendar
Number 529, Senate Print 5738B;
By Senator Fuschillo, at page 34,
Calendar 832, Senate 6960;
By Senator Robach, at page 38,
Calendar 912, Senate Print 6503;
By Senator Farley, at page 48,
Calendar 1049, Senate Print 6834;
By Senator Balboni, at page 56,
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Calendar 1169, Senate Print 7134;
By Senator Maziarz, at page 78,
Calendar 1442, Senate Print 4598A;
By Senator Hannon, at page 58,
Calendar 1196, Senate Print 6484.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the Third Reading Calendar.
SENATOR MEIER: Thank you, Madam
President.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator Robach, I wish
to call up Senate Print Number 6399, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
875, by Senator Robach, Senate Print 6399, an
act to amend the Education Law and others.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
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THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
SENATOR FUSCHILLO: I now offer
the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Volker, I wish
to call up Senate Print Number 6716, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
905, by Senator Volker, Senate Print 6716, an
act to amend the Town Law.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
SENATOR FUSCHILLO: I now offer
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the following amendments.
THE PRESIDENT: The amendments
are received.
Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President.
On behalf of myself, please place a
sponsor's star on Calendar Number 677.
THE PRESIDENT: The bill will be
starred at the sponsor's request.
SENATOR BONACIC: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
Senator Rath.
SENATOR RATH: Are there any
substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator Rath.
The Secretary will read.
THE SECRETARY: On page 7,
Senator Seward moves to discharge, from the
Committee on Rules, Assembly Bill Number 252D
and substitute it for the identical Senate
Bill Number 1173A, Third Reading Calendar 130.
On page 21, Senator Farley moves to
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discharge, from the Committee on Rules,
Assembly Bill Number 10247A and substitute it
for the identical Senate Bill Number 4779A,
Third Reading Calendar 513.
On page 21, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9045A and substitute it
for the identical Senate Bill Number 5446B,
Third Reading Calendar 520.
On page 24, Senator Larkin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9519 and substitute it
for the identical Senate Bill Number 1814,
Third Reading Calendar 606.
On page 28, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9596 and substitute it
for the identical Senate Bill Number 4001,
Third Reading Calendar 714.
On page 35, Senator Flanagan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 6506 and substitute it
for the identical Senate Bill Number 4216,
Third Reading Calendar 858.
On page 36, Senator Maziarz moves
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to discharge, from the Committee on Rules,
Assembly Bill Number 10321 and substitute it
for the identical Senate Bill Number 6710,
Third Reading Calendar 872.
On page 38, Senator Maltese moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9798 and substitute it
for the identical Senate Bill Number 6190,
Third Reading Calendar 910.
On page 53, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5281B and substitute it
for the identical Senate Bill Number 1064B,
Third Reading Calendar 1111.
On page 61, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11104 and substitute it
for the identical Senate Bill Number 7101,
Third Reading Calendar 1234.
On page 63, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9670A and substitute it
for the identical Senate Bill Number 7254,
Third Reading Calendar 1253.
On page 67, Senator Golden moves to
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discharge, from the Committee on Rules,
Assembly Bill Number 10193B and substitute it
for the identical Senate Bill Number 7308,
Third Reading Calendar 1301.
On page 69, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10052 and substitute it
for the identical Senate Bill Number 6878,
Third Reading Calendar 1321.
On page 73, Senator Dilán moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9948A and substitute it
for the identical Senate Bill Number 6423B,
Third Reading Calendar 1366.
On page 77, Senator Seward moves to
discharge, from the Committee on Local
Government, Assembly Bill Number 8214A and
substitute it for the identical Senate Bill
Number 14A, Third Reading Calendar 1429.
On page 77, Senator DeFrancisco
moves to discharge, from the Committee on
Local Government, Assembly Bill Number 9152
and substitute it for the identical Senate
Bill Number 326B, Third Reading Calendar 1431.
On page 77, Senator Farley moves to
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discharge, from the Committee on Civil Service
and Pensions, Assembly Bill Number 2845 and
substitute it for the identical Senate Bill
Number 978, Third Reading Calendar 1436.
On page 78, Senator Seward moves to
discharge, from the Committee on Insurance,
Assembly Bill Number 9189A and substitute it
for the identical Senate Bill Number 5755,
Third Reading Calendar 1445.
On page 78, Senator Maltese moves
to discharge, from the Committee on Higher
Education, Assembly Bill Number 9564 and
substitute it for the identical Senate Bill
Number 6188, Third Reading Calendar 1450.
On page 79, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10876 and substitute it
for the identical Senate Bill Number 6781,
Third Reading Calendar 1451.
THE PRESIDENT: Substitutions
ordered.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Wright, I wish
3169
to call up his bill, Senate Print 1528, which
was recalled from the Assembly, and it's now
at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
454, by Senator Wright, Senate Print 1528, an
act to amend the Real Property Tax Law.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
SENATOR FARLEY: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received, Senator Farley.
Senator Rath.
SENATOR RATH: Madam President,
there's a resolution at the desk by Senator
Nozzolio. I'd request that the title only be
read and move for its adoption.
THE PRESIDENT: The Secretary
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will read.
THE SECRETARY: By Senator
Nozzolio, Legislative Resolution Number 5395,
honoring Paul D'Amico upon the occasion of
receiving the 2003 Citizen of the Year Award
from the Geneva Area Chamber of Commerce on
June 8, 2004.
THE PRESIDENT: The question is
on the resolution. All in favor please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Rath.
SENATOR RATH: Madam President,
can we please go to the noncontroversial
reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
6, by Senator LaValle, Senate Print 839, an
act to amend the Town Law, in relation to
permitting fire districts.
3171
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, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
104, by Senator Marchi, Senate Print 1970A, an
act to amend the Environmental Conservation
Law, in relation to prohibiting transloading.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
274, by Member of the Assembly Tocci, Assembly
Print Number 5827, an act to amend the Labor
Law and others, in relation to prohibiting
3172
municipalities.
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, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
296, by Senator Leibell, Senate Print 4885, an
act to amend the Waterfront Commission Act, in
relation to amending a ground for revocation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
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297, by Senator Leibell, Senate Print 4886, an
act to amend the Waterfront Commission
Compact, in relation to the grounds for
revocation of a checker.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
317, by the Assembly Committee on Rules,
Assembly Print Number 8752A, an act to amend
the Civil Rights Law, in relation to
increasing the fine.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect January 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
3174
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
419, by Senator Larkin, Senate Print 5868A, an
act to amend the Agriculture and Markets Law,
in relation to promoting small businesses.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
456, by Senator Little, Senate Print 5869A, an
act to authorize the County of Washington to
lease certain parklands.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 6. This
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act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
513, substituted earlier today by Member of
the Assembly Magee, Assembly Print Number
10247A, an act to amend the Environmental
Conservation Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
576, by Senator Morahan, Senate Print 59 --
SENATOR MORAHAN: Lay it aside
for the day, please.
THE PRESIDENT: The bill is laid
3176
aside for the day.
THE SECRETARY: Calendar Number
651, by Senator Kuhl, Senate Print 6328, an
act to authorize the County of Chemung to bond
for expenses.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
675, by Senator Bonacic, Senate Print 6391, an
act to amend the Private Housing Finance Law,
in relation to low-income housing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
SENATOR RATH: Please lay that
aside for the day.
3177
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
702, by Senator Larkin, Senate Print 6515A, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding 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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
705, by Senator Fuschillo, Senate Print 4793,
an act to amend the Labor Law, in relation to
disclosure.
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.)
3178
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
721, by Senator Bonacic, Senate Print 6393A,
an act to amend Chapter 915 of the Laws of
1982 amending the Public Authorities 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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
816, by Senator Volker, Senate Print 6622, an
act to amend the General Business Law, in
relation to real estate syndication offerings.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
836, by Senator Morahan, Senate Print 6269, an
act to amend the Public Authorities Law, in
relation to continuation.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
840, by Senator Flanagan, Senate Print 7166A,
an act to amend the Public Authorities Law, in
relation to tort claims.
THE PRESIDENT: Read the last
section.
3180
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
878, by Senator Hoffmann, Senate Print 7148 --
SENATOR HOFFMANN: Lay the bill
aside, please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
927, by Senator LaValle, Senate Print 6811B,
an act to amend the Education Law, in relation
to mandatory continuing.
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, 53. Nays,
3181
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
936, by the Assembly Committee on Rules,
Assembly Print Number 10811, an act to amend
the Agriculture and Markets Law, in relation
to the licensing of food processing
establishments.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
960, by Senator Meier, Senate Print 7073, an
act to amend the Social Services Law, in
relation to authorizing the Commissioner of
Health.
SENATOR MONTGOMERY: Lay it
aside.
3182
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
965, by the Assembly Committee on Rules,
Assembly Print Number 8180A, an act to amend
the Labor Law, in relation to making the
failure to post a statement of wage rates and
supplements.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 12. This
act shall take effect September 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1000, by Senator Marcellino, Senate Print
6482A, an act to amend the Vehicle and Traffic
Law, in relation to operation of a motor
vehicle.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
3183
act shall take effect on the first of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1004, by Senator Padavan, Senate Print 7164,
an act to amend the Vehicle and Traffic Law,
in relation to the production of and the
assessment of a surcharge for distinctive
"Discover Queens" license plates.
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, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1015, by Senator Bonacic, Senate Print 6351,
an act to authorize approval of certain
3184
transportation contracts.
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, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1059, by Senator Maziarz, Senate Print 510B,
an act to amend the Education Law --
SENATOR RATH: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1090, by Senator DeFrancisco, Senate Print
4372B, an act to amend the Real Property Law,
in relation to associate real estate brokers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3185
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1100, by Senator Skelos, Senate Print 2594A,
an act to amend the Public Health Law, in
relation to providing for a sixth-grade
requirement.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2005.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1153, by Senator Flanagan, Senate Print 3583,
an act to amend the Election Law, in relation
to polling places in Suffolk County.
THE PRESIDENT: Read the last
section.
3186
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1158, by the Assembly Committee on Rules,
Assembly Print Number 9223, an act authorizing
the Commissioner of General Services to sell
and convey.
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, 55.
THE PRESIDENT: The bill is
passed.
Senator Rath.
SENATOR RATH: Point of
information. I'd like to inquire if Calendar
3187
1004 has left the house. We'd like to
reconsider the vote by which it was passed.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1004, Senate Print 7164 --
SENATOR SCHNEIDERMAN: Lay it
aside.
SENATOR MONTGOMERY: I would like
to reconsider the vote --
THE PRESIDENT: The Secretary
will first call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside, Senator Montgomery.
SENATOR MONTGOMERY: Thank you.
THE SECRETARY: Calendar Number
1207, by Senator Wright, Senate Print 1065, an
act to amend the Education Law, in relation to
the eligibility of military personnel.
THE PRESIDENT: Read the last
section.
3188
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, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1211, by Senator Mendez, Senate Print 3363B,
an act to amend the State Finance Law, in
relation to performance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1223, by Senator Little, Senate Print 6464, an
act to amend the Education Law, in relation to
the definition of "children"; to amend the
Military Law, in relation to extension of
3189
benefits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 15. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Little,
to explain your vote.
SENATOR LITTLE: Thank you, Madam
President, to explain my vote.
This is a very important vote that
we're taking today. And it's a vote that
shows our support of our military,
particularly our National Guard who are
serving on foreign land today.
This bill increases the salary of
National Guard. It builds upon Patriot Plan
No. 1 and adds an increase in salary to them
of $100 a day to $125 a day, a significant
amount of money, a 25 percent increase to
those in our National Guard who are serving in
a war zone.
This cost amounts to about
$3 million for the State of New York,
3190
certainly a small amount of money for the
price that these families are paying, the
sacrifices that they are making. It also
helps with extra compensation that they are
getting where they will not be taxed from it,
and does a few other things to help the
families of our military National Guard who
are serving abroad.
So I'm very pleased to sponsor this
bill today and very pleased to have the
support of all of the colleagues of this
chamber.
Thank you.
THE PRESIDENT: Senator Little,
you will be so recorded as voting in the
affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1301, substituted earlier today by Member of
the Assembly Markey, Assembly Print Number
10193B, an act to amend the General Municipal
3191
Law and the Retirement and Social Security
Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect July 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1339, by Senator Morahan, Senate Print 6029B,
an act to amend the General Municipal Law and
the Volunteer Firefighters' Benefit Law, in
relation to expanding.
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, 56.
THE PRESIDENT: The bill is
passed.
3192
THE SECRETARY: Calendar Number
1449, by Senator Maziarz, Senate Print 6074A,
an act to amend the Tax Law.
THE PRESIDENT: There is a local
fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
829, by Senator Fuschillo, Senate Print 6611A,
an act to amend the General Business Law and
the Abandoned Property Law, in relation to the
acceptance.
THE PRESIDENT: Senator Rath.
SENATOR RATH: Yes, lay it aside
for the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1303, by Senator Rath, Senate Print 66 --
3193
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1315, by Senator Marcellino, Senate Print
5506A, an act to amend the Environmental
Conservation Law and others, in relation to
establishing a water pollution control.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 16. This
act shall take effect on the 180th 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
1320, by Senator Libous, Senate Print 6831A,
an act to amend Chapter 412 of the Laws of
1990 relating to authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
3194
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
1347, by Senator Alesi, Senate Print 6591, an
act to authorize the County of Monroe to
convey.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1357, by Senator Nozzolio, Senate Print 6906A,
an act to amend the General Municipal Law, in
relation to authorizing.
THE PRESIDENT: Read the last
3195
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.
Senator Rath, that completes the
noncontroversial reading of the calendar.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Number 1339.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Rath.
SENATOR RATH: Yes, Madam
President. Can we please go to the
controversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
3196
104, by Senator Marchi, Senate Print 1970A, an
act to amend the Environmental Conservation
Law, in relation to prohibiting.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR SCHNEIDERMAN: This is a
piece of legislation that prohibits the
transloading of solid waste or hazardous waste
at any facilities in Richmond County in Staten
Island, unless that waste originates in
Richmond County.
And I appreciate Senator Marchi's
advocacy on behalf of his constituents, but
none of us want to have transfer stations that
are involved in transferring hazardous waste
or solid waste that originates somewhere else.
Unfortunately, we don't really have
a functional solid waste disposal plan in the
City of New York at this time. It is in fact
well known, and the Senator is one of the
world's leading experts on this, that it's
3197
really -- since the closing of Fresh Kills,
we've never come up with an alternative way to
dispose of New York City's garbage.
So I am, with all due regard for
the most respected member of this house, going
to vote no on this, because I think that this
limits unfairly the city's flexibility. I
shouldn't have to tell my constituents we're
putting a transfer station in West Harlem but
we're transporting garbage that is generated
from the Bronx or from Brooklyn while Staten
Island is immune.
So I think that unless everyone
participates in this effort and everyone
shares equally in the burden of trying to
accommodate the massive crisis we have in the
city's inability to develop a solid waste
disposal program, it's not going to work. So
I will be voting no on this.
I think the residents of Staten
Island should be treated the same as everyone
else. If that's where the city wants to put a
transfer station, they should be involved in
the same debate, over whether it is the right
location or not, as all of my constituents.
3198
Thank you, Madam President.
THE PRESIDENT: Senator Marchi.
SENATOR MARCHI: No, I understand
and sympathize completely with the remarks
made by my colleague.
But the fact is that for over forty
years, we've been receiving over 13,000 tons
of garbage every single day. And you're
absolutely correct; I would support any
reasonable plan that provides for a better
arrangement. But I don't -- you haven't
slammed the door on that either. In fact, you
invite that.
So with the generous attitude and
sympathetic attitude taken by my colleague, I
believe this bill can pass, and without
presenting an immediate threat. And if it
does, ways and means will be employed to cope
with it.
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN: Yes, Madam
President. I would also like to speak on this
bill, if I may.
It is part of a complex situation,
as Senator Schneiderman has said. But it also
3199
involves the basic needs of Staten Island and
Richmond County. We are now trying to find
out in Staten Island why there is a greater
preponderance of children in special education
and adults with different forms of cancer.
Now, nothing has been proven. But
they are now looking into the possibility of
this waste that has accumulated over the
years, as well as power plants. So on this
issue, I would agree with Senator Marchi.
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 immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
2. Senators Duane and Schneiderman recorded
in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
878, by Senator Hoffmann, Senate Print 7148,
3200
an act authorizing the Town of Cicero to
reinstate.
THE PRESIDENT: Senator Hoffmann.
SENATOR HOFFMANN: Yes, Madam
President. This would ordinarily not seem
like an earthshaking matter, but it is
unfortunately symptomatic of a problem that we
have in current civil service law.
It's necessary for us to pass
special legislation reinstating a member of a
police department because she is time-barred,
due to her age, from reinstatement to a
full-time position because she took some time
off and worked part-time raising children.
Unfortunately, there are many women
in this state in a similar situation. And as
the ranks of law enforcement personnel include
more and more women who choose to take some
time off or work on a part-time basis to raise
their families, I think we need to be
sensitive to this situation and perhaps review
the entire Civil Service Law to see if perhaps
we are being blatantly discriminatory.
This particular officer, Julie
Thompson, began her law enforcement career as
3201
a member of the Onondaga County Sheriff's
Department and then, when she began her
family, went to work with East Syracuse Police
Department, that was interested in having her
services on a part-time basis.
Following the birth of a daughter,
she continued to work on a part-time basis for
the Village of East Syracuse until September
of 1997, and then accepted a part-time
position with the Town of Cicero Police
Department in February 1998, where she's been
employed ever since.
If we are not able to make these
kind of corrections, what we will do is
destine large numbers of women to work many
extra years to try to achieve pension benefits
and retirement opportunities that their male
counterparts will receive without any
interruption in service.
I find it very interesting, in a
letter from Ms. Thompson, she states: "Not
only am I prohibited from returning to
full-time work within my chosen profession, I
am unable to accrue the retirement benefits I
would have been eligible to receive following
3202
reinstatement.
"At a time when my husband and I
realize additional expenses as our children
get older, I am unable to work more than the
1,040 hours per year as a part-time police
officer. Not only are my hours limited, but
at present the 13 years of service I accrued
under Onondaga County Sheriff's Department
Plan 552 are currently useless to me as my
present retirement plan, Police and Fire, will
not credit them to my account.
"Note that I have approximately
four years of service credited to Police and
Fire. At present, with the lack of
reciprocity within my two retirement accounts,
as well as my inability via statute to return
to full-time competitive status, I must work
for another 32 years at a part-time status at
diminished pay in order to qualify for
retirement benefits that will be far below a
full-time retirement package."
Madam President, I believe we are
doing a tremendous disservice to working women
in this state who have chosen law enforcement
in their careers if it requires unique state
3203
legislation and a home rule message from
various municipalities in order to correct the
system. And I certainly hope that we can turn
our attentions to this situation and address
the disparity sometime in the not-too-distant
future.
Thank you for your indulgence.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
960, by Senator Meier, Senate Print 7073, an
act to amend the Social Services Law, in
relation to authorizing the Commissioner of
Health.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
3204
Madam President. On the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR SCHNEIDERMAN: I actually
rise to thank Senator Meier for introducing
this bill.
This directs the Department of
Health to apply for a federal waiver to
Medicaid rules, which will enable New York
State to provide, in people's homes, services
for elderly individuals who would otherwise
require nursing-facility care.
This will save substantial amounts
of money, and it also is a more humane way for
many of our senior citizens to live out their
last years.
I would also like to mention that
this is one element of a series of proposals
that Senator Paterson announced in March in
his report "Changing the Paradigm: Protecting
Disadvantaged New Yorkers' Access to Health
Care with Efficiency, Accountability and
Flexibility."
We have a lot of other issues to
address with regard to New York's Medicaid
3205
program. Long-term care is certainly one of
the two most expensive components. And
Senator Meier takes a good step with this bill
towards dealing with one aspect of that issue.
But I hope that before we adjourn
this session we will deal with the crisis in
Medicaid funding in this state and the crisis
for local governments around the state. There
was a resolution calling on the federal
government to take action last week. But
there is more we can do at the state level.
So for those of you who have not
read the best-selling report by Senator
Paterson, "Changing the Paradigm: Protecting
Disadvantaged New Yorkers' Access to Health
Care with Efficiency, Accountability and
Flexibility," copies are available.
We have more work to do, but this
is a good first step. So I will be voting yes
and urge everyone, including Senator Maziarz,
to do likewise.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
Due to Senator Schneiderman's
3206
eloquence, I now think that my bill is even a
better idea than when I introduced it. So
thank you, Senator Schneiderman.
This is a bill that did come
directly out of the work of the Medicaid
Reform Task Force. We were approached during
the course of the forum that we held in
Binghamton by members of the Center for
Disability Rights who wanted to talk about the
very issue that this bill addresses. And we
have been working with that group since last
fall to put this bill together.
This bill addresses a fundamental
flaw in Medicaid which does two things, that
drives the cost of Medicaid up and deprives
people with disabilities who would like to
live independently of the ability to do that.
We believe that the public dollars
that are placed into Medicaid should not be
used as a force to put people in nursing
homes. Those dollars should be used to
liberate people and to permit them to live
independently.
This is really a bill that
incorporates some principles that I think, as
3207
we continue this discussion about Medicaid,
need to be looked at. We should be funding
the medical care of people as opposed to
funding institutions. We should be providing
greater consumer choice. And that permits
good old-fashioned market forces to get into
play, to produce both decreased costs and
increased quality, just as it happens
throughout the rest of the economy.
One final note that I would like to
make as we talk about going forward on this
Medicaid debate. The Senate led the way with
a task force report in which both sides of the
aisle participated. The Minority made some
additional suggestions in this house. The
Governor has a working group that's made a
report and some suggestions. The Assembly
Minority issued a report and made some
suggestions. And all of us have legislation.
Someone's missing here. Someone's
missing here. And I really think they ought
to get engaged with this debate.
Medicaid is on a path that cannot
be sustained financially in this state unless
we rein it in. The people who rely on
3208
Medicaid for their medical care deserve to
have a Medicaid system that is more
patient-centered and has consumer choice. And
the taxpayers who pay for this at both the
state and the county level deserve that the
medical care they pay for for the folks who
rely on Medicaid be addressed with common
sense and with attention to the quality of
care that we get at the end.
So I thank the members of the
Minority who are going to join us on this. I
thank my colleagues on the Medicaid Task
Force. And I thank Senator Skelos for the
assistance which he gave us in bringing this
bill to the floor today.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
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
3209
passed.
THE SECRETARY: Calendar Number
1004, by Senator Padavan, Senate Print 7164,
an act to amend the Vehicle and Traffic Law,
in relation to the production.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. On the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR MONTGOMERY: Yes, I would
just like to compliment my colleagues --
neither of them are here, so they won't hear
me. But I would like to say that this is this
is a good bill. I certainly intend to support
it.
However, I just want to point out
that there are five boroughs in the City of
New York, and we would like all of them
discovered. This is really an economic
development legislation. And it should
encompass all of us, all of those of us who
represent the city -- i.e., Discover Brooklyn,
Discover Manhattan. Although I shall not
3210
speak for Manhattanites, because they have
plenty of attention themselves. In fact,
people call Manhattan "the City," but it's not
so.
So the only consideration that I
would like made in this regard is that we have
a bill that includes the whole of New York
City, each borough distinctly, that says
"Discover our borough." And certainly
those -- since a large numbers of the inmates
also come from Brooklyn, they will be making
these license plates. I'm sure that those
from Brooklyn will wonder what happened to
their license plate.
So that's the one request that I
make. And hopefully we can consider such
legislation in this house very, very soon.
And I'm certain that the Brooklyn delegation
will be coming forth with the legislation.
But I support this bill as well.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
3211
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
1303, by Senator Rath, Senate Print 6639, an
act to amend the Family Court Act, in relation
to juvenile photographs.
SENATOR MONTGOMERY: Explanation.
THE PRESIDENT: Senator Rath, an
explanation has been requested.
SENATOR RATH: Yes, Madam
President.
This bill was introduced at the
request of the Division of Criminal Justice
Services. The Family Court Act presently does
not allow submission of alleged juvenile
delinquents' photographs or palmprints to be
sent to the Division of Criminal Justice
Services.
And it was requested that this be
allowed because it is allowed and used in the
3212
adult system, and it can be very useful as an
initial identification, so that some people
can be ruled out as not being involved. And
they felt that it was very important they have
that extra tool.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I would like to ask a question of
the sponsor.
THE PRESIDENT: Senator Rath,
will you yield for a question?
SENATOR RATH: Surely.
THE PRESIDENT: You may proceed
with a question, Senator Montgomery.
SENATOR MONTGOMERY: Yes, Senator
Rath. Thank you.
I would like to be a little bit
more assured as to the extended use of those
photographs. Are those photographs ever going
to be available for just broad-scale lineup
purposes?
SENATOR RATH: No, they are going
to be kept separate and confidential. That's
what we're advised by the Division of Criminal
3213
Justice Services, that they will be kept
separate and confidential. And actually, it's
in the statute.
SENATOR MONTGOMERY: Madam
President, on the bill. I'll just make a
comment on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR MONTGOMERY: Yes, I see
that the language is in this bill that speaks
to confidentiality and the exclusive
possession of this agency.
It has just been my experience,
Madam President, that law enforcement
officials have been known to go into high
schools and request copies of their yearbooks
to use those photos in the lineup
identification process. And also they have
been known to take young people out of their
school, without consent of their parents, to
use them in lineups.
So that is why, when I see that
you're now forwarding photographs, you're
including photographs as well as forwarding
them to the juvenile justice services agency,
3214
I'm concerned that those photos might be made
available at some point in time to local law
enforcement or otherwise, and essentially
jeopardize young people just because the photo
is there and the agency has access to them.
So that is my concern. And I'm
just reluctant to support this legislation.
It's based on my experience with law
enforcement and how they handle these photos,
how they have handled them in the past.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
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, 55. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
THE PRESIDENT: The bill is
passed.
Senator Rath, that completes the
3215
controversial reading of the calendar.
SENATOR RATH: Madam President,
if we could stand at ease for a few moments.
THE PRESIDENT: Senator Little.
SENATOR LITTLE: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar 1449,
Senate Bill 6074A.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative, Senator Little.
SENATOR LITTLE: Thank you.
THE PRESIDENT: The Senate will
stand at ease.
(Whereupon, the Senate stood at
ease at 4:00 p.m.)
(Whereupon, the Senate reconvened
at 4:13 p.m.)
ACTING PRESIDENT McGEE: Senator
Johnson.
SENATOR JOHNSON: Madam
President, I'd like to announce an immediate
meeting of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE: There
3216
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 4:14 p.m.)
(Whereupon, the Senate reconvened
at 4:36 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
would you please recognize Senator Morahan.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Thank you,
Madam President. On page 78 I offer the
following amendments to Calendar 1446, Senate
Bill 5827, and ask that the bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR MORAHAN: On behalf of
Senator McGee, on page 78 I offer the
following amendments to Calendar 1444,
3217
Assembly Bill Number 4731A, and I ask that the
bill will retain its place on the Third
Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR MORAHAN: On behalf of
Senator Flanagan, I wish to call up Calendar
1308, Assembly Print Number 345.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1308, by Member of the Assembly Christensen,
Assembly Print Number 345, an act to amend the
State Administrative Procedure Act.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: I now move to
reconsider the vote by which the Assembly bill
was submitted for Senator Flanagan's bill,
Senate Bill 6689, on 5/20.
ACTING PRESIDENT McGEE: The
Secretary will call the roll on
reconsideration.
3218
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
SENATOR MORAHAN: I now move that
Assembly Print Number 345 be committed to the
Committee on Rules and that Senator Flanagan's
Senate bill be restored to the order of Third
Reading Calendar.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR MORAHAN: Madam
President, I now offer the following
amendments, on behalf of Senator Flanagan.
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
3219
committees, I believe there's a report of the
Rules Committee at the desk. If we could have
it read at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 309, by Senator
Nozzolio, an act to amend the General Business
Law;
745A, by Senator Kuhl, an act to
amend the Tax Law;
1337, by Senator Padavan, an act to
amend the General Business Law;
2297, by Senator Padavan, an act to
amend the Agriculture and Markets Law;
3496, by Senator Leibell, an act to
amend the Environmental Conservation Law;
3784B, by Senator Larkin, an act to
amend the Penal Law;
4727A, by Senator Hoffmann, an act
to amend the County Law;
5096B, by the Senate Committee on
Rules, an act to amend the County Law;
3220
5099, by Senator Volker, an act to
amend the Criminal Procedure Law;
5145A, by Senator Volker, an act to
amend the Criminal Procedure Law;
5530A, by Senator Gonzalez, an act
authorizing the Commissioner of General
Services;
5594, by Senator McGee, an act to
legalize, validate, ratify and confirm;
5823A, by Senator Skelos, an act to
authorize a certain joint venture;
6526, by Senator DeFrancisco, an
act to authorize the Town of Camillus;
6616, by Senator Wright, an act to
amend the Public Authorities Law;
6653, by Senator Volker, an act to
amend Chapter 689 of the Laws of 1993;
6747, by the Senate Committee on
Rules, an act to amend the County Law;
6849A, by Senator LaValle, an act
to amend the Education Law;
7231, by Senator Padavan, an act to
authorize the Commissioner of General
Services;
And Senate Print 7343, by Senator
3221
Saland, an act authorizing the Chatham Central
School District.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
I'd like to move to accept the report of the
Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Rules
Committee will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could just stand at ease.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 4:40 p.m.)
3222
(Whereupon, the Senate reconvened
at 5:00 p.m.)
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Thank you,
Madam President.
Could we return to reports of
standing committees, please. I understand
there's a report from the Finance Committee at
the desk.
ACTING PRESIDENT McGEE: 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 State Liquor
Authority, Edward F. Kelly, of Holmes.
ACTING PRESIDENT McGEE: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination, Madam President.
ACTING PRESIDENT McGEE: Thank
you.
Senator Leibell.
3223
SENATOR LEIBELL: Thank you,
Madam President. I'm very pleased to rise on
this nomination to speak in support of it.
First let me note that I have known
Ed Kelly and his family for probably about
30 years. His son Tommy is one of my best
friends. I know the family; I know them well
in the community. They've been leaders in our
community for -- over the course of numerous
decades. And Ed had a very successful career
in the private sector prior to joining this
administration.
Let me say that this is a difficult
organization to lead and to run. And Ed Kelly
has done a superb job at that. I can tell you
that I hear all the time from people who are
in the industry how responsive this agency has
become over the last few years, how it
attempts to work with them. Also, similarly,
when there are complaints from the community,
how responsive they are.
I know that firsthand, because I
know how many times not only myself but the
staff in our office have had to call and ask
for assistance, and that assistance has always
3224
been there.
So I'm very pleased to rise on this
nomination and thank the Governor for the
submitting this name once again. It deserves
the recognition of everyone here for the fine
job that Ed has done.
Thank you.
ACTING PRESIDENT McGEE: Senator
Saland.
SENATOR SALAND: Thank you, Madam
President. I too rise in support of this
nomination.
For those who weren't at the
Finance meeting earlier, you would have heard
people from a variety of areas from throughout
the state speaking only in laudatory terms
about the responsiveness, not only of the
chairman, but of the agency that he chairs.
I have known Ed for a number of
years. Coming from Dutchess County, perhaps
not the 30 years that Senator Leibell has
known and been friendly with. But suffice it
to say that he and his family have a history
of community service.
Ed worked tirelessly on behalf of
3225
his community, both in elective and appointed
positions, was a successful businessman, also
brought the touch of concern of, I'm sure,
life in the private sector to the chairmanship
of the SLA.
And I can only echo what I said in
the course of the Finance Committee meeting:
In my eyes, he's batting a thousand. When
we've had problems in one or another community
in my district, the responsiveness was
absolutely extraordinary, the matter was dealt
with uniformly, to the relief of whichever
community was impacted, and the licensee was
appropriately punished and, at times, licenses
removed.
That's the kind of responsiveness I
think that we all seek from any agency. And
certainly when the community has something
that's troublesome and festering and noxious
in its midst, to have that kind of
responsiveness goes a long way to improving
the quality of life of the entire community.
So I too commend not only the
chairman but also the Governor for having the
wisdom to have not only made this appointment
3226
but now to offer it to us again as a
reappointment.
ACTING PRESIDENT McGEE: Senator
Spano.
SENATOR SPANO: Thank you, Madam
President.
The Senate Committee on
Investigations unanimously approved the
nomination of Chairman Kelly. Today he
appeared before that committee, as he has done
in the past.
I have known Ed Kelly for a long
time and, as other members of this chamber,
have nothing but the best things to say about
someone who runs a real solid, professional
agency. Having come from the retail side of
the business, he has a unique perspective of
the problems that small businesses face across
this state and has put that in place as a
member of the SLA, and since 1999 having
served as chair of the SLA.
So it's my pleasure to join with my
colleagues in seconding the nomination of
someone who has made us proud and has made the
Governor proud by doing an outstanding job as
3227
the chairman of the State Liquor Authority.
Thank you, Madam Chair.
ACTING PRESIDENT McGEE: Thank
you.
The question is on the confirmation
of Edward F. Kelly, of Holmes, for a term to
expire April 12, 2007, as a member of the
State Liquor Authority. All in favor will
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Mr.
Edward Kelly is hereby confirmed as a member
of the State Liquor Authority.
Mr. Kelly is here with us in the
chambers today. And may I extend our
congratulations to you, Mr. Kelly, on your
reappointment.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a member of
the Port Authority of New York and New Jersey,
3228
Christine Ferer, of New York City.
As a member of the Port of Oswego
Authority, Richard J. Tesoriero, of Oswego.
As a member of the Administrative
Review Board for Professional Medical Conduct,
Therese G. Lynch, M.D., of Pittsford.
As a member of the Saratoga-Capital
District State Park, Recreation and Historic
Preservation Commission, Eleanor K. Mullaney
Coughlin, of Saratoga Springs.
As a member of the State Hospital
Review and Planning Council, Sister Joseph
Mary Brecanier, of Albany.
As a member of the Minority Health
Council, Malcolm D. Reid, M.D., of Briarcliff
Manor.
And as a member of the Board of
Visitors of the New York State Home for
Veterans and Their Dependents at St. Albans,
Joseph C. Thomassen, of Douglaston.
ACTING PRESIDENT McGEE: Senator
Lachman.
SENATOR LACHMAN: Yes, on the
confirmation of Christine Ferer, the Port
Authority of New York and New Jersey.
3229
As the ranking Democrat on the
Transportation Committee, it was my pleasure
to meet with her last week when she was in
Albany. She's a very impressive lady. She
has had experience not only as a member of the
Downtown Manhattan Development Corporation,
but other corporations. And she has some very
interesting ideas in terms of the future of
the Port of New York and New Jersey Authority.
And she has my wholehearted
support.
ACTING PRESIDENT McGEE: Thank
you, Senator Lachman.
The question is on the confirmation
of those appointments as noted. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Those
noted are hereby confirmed to the offices
named.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
3230
President. I believe there's a bill to be
reported.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 7419, by the Senate
Committee on Rules, an act making
appropriations for the support of government.
ACTING PRESIDENT McGEE: Without
objection, the bill is ordered direct to third
reading.
Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President. If we could take up Calendar
1480 at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1480, by the Senate Committee on Rules, Senate
Print Number 7419, an act making
appropriations for the support of government
and to amend Chapter 18 of the Laws of 2004.
ACTING PRESIDENT McGEE: Senator
3231
Morahan.
SENATOR MORAHAN: Thank you,
Madam President. Is there a message of
necessity and appropriation at the desk?
ACTING PRESIDENT McGEE: Yes,
Senator Morahan, there is.
SENATOR MORAHAN: Move to accept.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
and appropriation will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT McGEE: The
message is accepted.
The bill is before the house.
The Secretary will read.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. I believe there is an
amendment at the desk. I would like to waive
its reading and request that I be heard on the
amendment.
ACTING PRESIDENT McGEE: Reading
3232
is waived, and you may be heard on the
amendment.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
This is an amendment to the budget
extender to this appropriation bill to keep
the government going for a little while longer
while we continue to wallow around in our
inability to move forward with an actual
budget for the State of New York.
This amendment really points up the
severe harm that is being done to programs and
to people in the State of New York because of
the dysfunctionality that we accept all too
easily here in Albany.
We are proposing to add back into
the budget $10 million, a modest sum -- that
has been cut by the Governor, and that we're
about to endorse that cut by passing this
extender -- to the Summer Youth Employment
Program. The Governor proposed cutting this
program that provides summer jobs for young
people from $25 million to $15 million, a
40 percent reduction.
We have been passing budget
3233
extenders that essentially provide a de facto
endorsement of that cut. It is summer. It is
time for summer jobs. These are -- this is
one of the most successful programs in the
state. In the year 2000, there were 50,000
summer jobs available. That went down to
32,000 jobs in 2003. We're about to cut
approximately another 20,000 jobs for
teenagers this summer.
Now, I don't have to tell you how
much it costs to keep someone in prison. It's
well over $100,000 a year. And it is widely
recognized that giving troubled youth, giving
youth in poor communities good experiences
through summer work is a way to help prevent
them from getting started on the wrong path in
life.
This is a tiny amount of money to
invest in the young people of our state. And
I would respectfully submit that we should
support this amendment, we should restore the
funding that the Governor is cutting to this
program. And all we're doing is proposing to
make a modification to add $10 million into a
provision on page 13 of this budget extender
3234
to provide funds so that more people can have
summer jobs.
These are good jobs. Many of them
are camp counselor jobs or jobs working in the
community. So they're also providing services
to members of our community as well as
receiving the good experience of the
employment -- learning responsibility,
learning time management and workplace
expectations.
I would urge everyone here that the
damage done when we continue to kick out
budget extenders that passively acquiesce in
the Governor's cuts to programs like this --
we're doing a disservice to all of our
constituents.
So, Madam President, I would urge
everyone to support this amendment. Let's
restore this funding for the Summer Youth
Employment Program. And let's send a message
to the Governor that we're not going to go
along with cuts that have such devastating
long-term consequences.
If we can keep 1, 2, 10, 15 kids
out of jail, we'll pay for the program. We'll
3235
pay for the program. It's just not even a
question. Let's do it. Let's do the right
thing. I urge everyone to vote in favor of
the amendment.
ACTING PRESIDENT McGEE: Those
Senators in agreement with the amendment
please signify by raising your hand.
THE SECRETARY: Those recorded in
agreement are Senators Duane,
Hassell-Thompson, L. Krueger, Lachman,
Montgomery, Onorato, Oppenheimer, Paterson,
Sabini, Schneiderman, A. Smith, M. Smith, and
Stachowski.
ACTING PRESIDENT McGEE: The
amendment is lost.
Senator Johnson.
SENATOR JOHNSON: I'd like to
explain my vote.
ACTING PRESIDENT McGEE: I
haven't called for the -- this is just the
amendment, Senator Johnson. If you'll wait
for just one moment.
The amendment is lost.
The Secretary will read the last
section.
3236
Senator Schneiderman.
SENATOR SCHNEIDERMAN: On the
bill, Madam President.
ACTING PRESIDENT McGEE: The
amendment is lost.
Senator Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Thank you.
I'm sorry that we didn't restore
that funding.
I actually rise right now to speak
in support of Senator Bruno. Senator Bruno
very candidly acknowledged, when we were last
in session, that we're really not getting very
much done this year in the Legislature and
that we should be ashamed of ourselves. And I
actually have looked into things and found
substantial support for Senator Bruno's
candid, accurate position.
Today is the 51st working day of
the 2004 session. And I would urge that we
put "working" in quotes. Including today,
there are 10 scheduled session days. So when
we're done with today's session, nine
scheduled session days remaining. Senator
Bruno told us last week in no uncertain terms
3237
we're going to be out of here on or about the
22nd of June.
The budget is 67 days late. Today
we are taking up another appropriation bill
necessitated by our inability to comply with
our constitutional obligations and our
obligations to our constituents to pass a
budget.
But I would also suggest that we're
past a budget deadline, but we're rapidly
approaching another deadline. There are 53
days left to the deadline set by the court in
the Campaign for Fiscal Equity case.
And it may be new information to
some of you, but there's a hearing in that
case in front of Justice DeGrasse next
Thursday at which the plaintiffs are formally
putting in a request for a panel of special
masters to take their place immediately and
begin to prepare for what is anticipated to be
our failure to pass an adequate budget to
comply with the CFE decision.
What are we doing here? Well,
Senator Bruno is right. We haven't done much.
We've passed 535 one-house bills in the
3238
Senate. The Assembly, ever more eager to tear
up trees for no particular use, has passed 724
one-house bills that have not been acted on by
our house. Only 98 bills have been signed
into law by the Governor. Virtually all of
those are emergency appropriations bills,
local tax and revenue bills, chapter
amendments, and program extenders.
So we're now here to pass a budget
extender that costs the people of the State of
New York, that costs the children who are not
getting summer jobs, that costs all of the
local governments of the state -- because
again, we're appropriating another
$700 million, more or less, every week for
Medicaid.
And every week that goes by we fail
to enact any of the reforms that have been
proposed by the Senate task force, Majority or
Minority, or any of the Medicaid reforms that
have been proposed in the Assembly.
We can't get that money back. We
could be saving millions of dollars. We're
wasting millions of dollars a day of the money
that our local governments need.
3239
We also are failing in our pledge
to the City of New York where we promised to
restructure New York City's $2.5 billion MAC
debt. That's costing the City of New York
money.
So there are real consequences.
And we are told that we can't do this because
we can't figure out a way to come up with a
formula to comply with the CFE decision.
I would urge all of my colleagues
that the money is there. Senator Paterson, on
March 31st, released a report where -- you
know, we're condensing it to one page so there
can be no question that everyone in this house
at least should be aware of the fact that his
proposals would generate more than enough
money for us to comply with the CFE decision.
Enacting combined reporting would
generate $450 million. Closing corporate
loopholes, as was done in New Jersey,
$310 million a year. Delaying the income tax
cut for the highest income brackets,
$100 million a year. Reforming the Empire
Zone program, $75 million. Expanding the
Bottle Bill, $168 million.
3240
There's money there to pay so that
the children in our schools in poorer
communities do not have to be in inadequate
facilities with an unacceptable portion of
uncertified teachers, without enough books,
without up-to-date computers, without
laboratories, without gymnasiums.
We don't have to have that in the
State of New York. We do not have to have a
two-tier school system where you have some of
the best public schools in the state and
others that are an absolute disgrace.
And I would urge any of my
colleagues who think that we're -- people from
the city are being greedy, read the findings
in the Campaign for Fiscal Equity decision.
Read the findings. Read the testimony.
Read the testimony of people like
Frank DeStefano, who's the superintendent of
Community School Board 15, who spoke about the
fact that he has one school that's operating
at 131 percent of capacity but that he sends
students to that because another school in his
district is operating at 182 percent of
capacity. Less than half the district's
3241
elementary schools have a library.
Read the testimony of people like
Helene Duran, who's a policy analyst for the
New York City Public Advocate's Office, who
issued a report called "No Room to Learn."
They surveyed 43 public schools, and out of
the 43, more than half, 22 of the schools'
cafeterias -- and this is going on today --
are forced to run split-period lunches of 25
minutes each. Lunch runs, at one of those
schools, PS 135 in Queens, from 9:40 a.m. to
2:15 p.m. That's when our kids have to eat
lunch.
This would be absolutely
unacceptable in most of the districts of my
colleagues on the other side of the aisle. It
shouldn't be acceptable in anyone's district.
So I urge, again, that my
colleagues vote no on this extender. I think
we have to do something more dramatic than
just continuing to pass through these budget
extenders where the Governor is able to just
wait us out and cut programs that I think even
many of my colleagues on the other side of the
aisle would like to restore.
3242
You're never going to get the money
back for Medicaid reform. You're never going
to get the money back for the summer jobs
programs. We have to do something else. We
have to do something else. So I'm going to
vote no. I encourage everyone else to vote
no.
There are other things that are
being done. Incomprehensibly, the Governor's
draft bill for this week included a
$12.5 million supplemental aid payment to the
City of Yonkers, which is owed to the City of
Yonkers. But in the final bill, that payment
has been defeated.
Again, things like that are
happening every week. There are cities and
local governments that are waiting. Yonkers
again, high-needs school district, high needs
in many areas. Why aren't we paying them
their money? We're not paying them their
money because we can't get to a serious budget
negotiation.
I'm not saying that the sole blame
lies here with the Majority. There's enough
blame to go around. But we have to do
3243
something. Senator Bruno was absolutely right
when he spoke about the decay of the
legislative process this year.
We have done our best. Even though
we have more modest resources for our finance
staff, we have high-quality people performing
well. We've identified money. Senator
Johnson's vastly, vastly larger staff should
be able to identify some money too.
So if you could find a couple of
billion, as we have, we should have no
problem. The money is there. It is a lack of
political will. It is simply a lack of
political will. This would not be tolerated
in any other area of work. This would not be
tolerated in any private business.
Senator Bruno is absolutely right.
We should be ashamed of ourselves. And if we
pass this budget extender and take another
shot of legislative methadone so the pain
won't be felt by us but it will be felt by the
people we're supposed to be representing, we
should be even more ashamed of ourselves.
I'm voting no, and I urge everyone
to vote no.
3244
ACTING PRESIDENT McGEE: Senator
Johnson.
SENATOR JOHNSON: I was going to
say, in regard to the amendment, that we do
not have the authority under the constitution
to amend the Governor's budget until we
prepare a budget of our own. So we couldn't
make that change if we wanted to. I think
many of us on this side would want to.
As far as your exhortations about
the attitude or the expenditure of energy on
our staff, they're expending their share of
energy. We could put a bill together with the
Governor tomorrow, so we can't get any action
across the hall. So remember that. It takes
three to tango, and there's only a two-legged
tango here.
So we can't do a budget, which we
all want to, until everybody agrees to do it.
And we don't have that agreement from the
Speaker. I think you know that.
As far as the school mismanagement
in New York City, it's not the fault of
anybody else in the state but it's the fault
of New York City and the school board people.
3245
They don't tax their people like we do. In
the suburbs you pay $10,000, $20,000, $30,000
a year real estate tax on your house to carry
the schools. I don't know if anybody puts any
comparable amount of money, any individual in
New York City, in their schools.
So, I mean, when you're getting a
free ride, essentially, don't complain if
you're not managing your schools properly,
you're not fixing the ceilings or whatever's
going on. It's mismanagement, primarily.
Nevertheless, Joe Bruno has
advanced a plan which meets the CFE
requirements. And if we get an agreement from
the other house, we'll have that done soon.
ACTING PRESIDENT McGEE: Senator
LaValle.
SENATOR LaVALLE: Thank you,
Madam President.
Senator Schneiderman, I couldn't
resist not really commenting, because I think
you picked very selectively what Senator Bruno
said. And I think we have to be fair about
those remarks that our Majority Leader
expressed on behalf of the members here who
3246
feel a good deal of frustration.
Because if you look at the
issues -- and we were debating a bill that
dealt with gambling. The Senator was saying,
you know, the time was for action. And this
house has over and over again led issue after
issue, whether it was budget reform -- passed
here, sits over in the other house. The
gambling issue, passed here, sits in the other
house. Rockefeller Drug Laws, passed here,
sits in the other house. And we could go on
and on.
The issue of CFE, I don't think
there has been an issue -- and by the way,
Senator, I carry around every day, because I
keep reading and rereading, the court
decision. Here it is. I bring it into the
chamber. I look through, I highlight it.
And it's far beyond the issues of
money. Senator Johnson talked about
mismanagement. The court talked about
mismanagement of dollars. And it goes on and
on. The outputs in education, the
qualifications of teachers. And we really
haven't talked about those things.
3247
But our Majority Leader, once
again, long before his taking the lead to talk
about a proposal that this house led -- the
Governor followed the day after, and then the
Assembly about a week after that followed with
a proposal -- that proposal, the Majority
Leader didn't just wave a magic wand. People
have been working, Senator Johnson, Senator
Saland, members of the Education Committee
have been working from last summer, almost
nine months, on what it is we would propose in
this house.
And so we're going to get there.
And I think the court was very, very specific
that the Legislature, the Legislature, will
have until July 30th. And so people can go
before the court and hype up that they want
to, before that date, intervene, while we in
the Legislature have certainly the rest of
this month and next month to come up with a
plan.
And I honestly believe that the
members of this house will do everything in
its power to meet the court's test of a sound,
basic education, accountability, and to have
3248
the kind of money that you need to fulfill a
sound, basic education, whether it be in
New York City or elsewhere.
But I think, in all fairness, that
we in this body, while we've talked about
plans and proposals, there's a lot more that
goes into it. And the court has talked about
these things -- again, mismanagement,
qualified teachers in SURR schools, schools
that are under review. And we could go on and
on.
But I think it's unfair, because
our Majority Leader, and I would say our
Minority Leader also have done everything
possible to represent the 62 members in this
house, and our respective constituencies, as
to what are the priorities. And we started
off, again, with budget reform and all these
other issues.
This house has acted. This house
has acted. And as Senator Johnson said, it
takes three parts of the process. And I think
sometimes, yes, we're frustrated. But I think
sometimes we take unfair criticism because we
do work, we do work on these proposals. And
3249
the staff is working on these proposals on
both sides.
And when we had a proposal, I think
the members on both sides of the aisle felt
very good that this body took the leap, which
is not always the politic thing to do. But we
did the right thing, and we jump-started a
process that was stalled.
And so once in a while we shouldn't
be overly critical of ourselves, because a lot
of other people, there are plenty of them
outside of this chamber that love to criticize
us. I think that we are working in a
cooperative, collaborative way. And I think
we should continue to do that but not beat on
ourselves.
ACTING PRESIDENT McGEE: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
The comments were interesting. I
worry that because, we think, it's June 7th,
3250
we have plenty of time to deal with CFE
because we have till July 30th. And I'd like
to put that in the context if we were running
schools today, if any of us were
administrators or teachers.
Because in fact the objection to
the bill today -- and I respect Senator
Schneiderman's points about raising CFE. And
I think it is appropriate and timely, given
how late we are in the year.
But Senator LaValle and Senator
Johnson, if I am running a school today and I
look at this extender bill on June 7th, I'm
trying to plan for whether I can hire
qualified teachers for next September. I'm
trying to figure out how many children I can
have per classroom for next September.
And when I look at this extender
bill today, the ninth one for the year, with
$111 million of education aid, and I add it
up, I learn that of all the extender bills the
Governor has given us so far for April, May,
and June, I'm only getting $3.47 billion when,
on a normal annual year, even under the
Governor's original proposals before CFE gets
3251
into the mix, I should have received
allocations of $6.6 billion.
So if I'm running schools anywhere
in the state of New York, I am in panic about
what are my funding streams for this coming
September. How do I plan for improvements in
my schools under a CFE decision? How do I get
my schools running at all for the next school
year starting in September?
We are leaving our schools in a
worse situation than they were coming into
this year, even before we have our fights
about what does the CFE lawsuit call for for
our districts. Late budgets is one of the
greatest contributors to our current school
financing inequity.
My schools at home don't know what
their money will be for next September, and
it's June. If you're going to hire new
teachers, if you're going to change your
classroom formula, if you're going to decide
whether or not you can have any aides in the
classroom, if you're trying to figure out what
is going to be your new model, if there is
one, for special education, how do you do that
3252
when we can't get any budget done, even the
basic current funding streams for education?
Forget our obligations under the court order
for a moment to significantly change those
funding formulas.
So my frustration is the same as
everyone's here, that we are not getting the
job done. And I believe Senator Bruno did
mean all of us last week when he talked about
enough dithering and study. Sometimes you
have to get something done.
We should not be leaving our
schools in this precarious situation. And it
doesn't matter whether you're a school in
Senator Ray Meier's district or Senator
Volker's district or my district or Senator
Sabini's district. These ongoing budget
extenders are not giving our schools even last
year's funding at a reasonable timeline,
leaving them in the precarious situation of
either overspending, based on the money
they're getting, or not knowing how to budget
at all for the current year.
And it ties directly into the fact
that it's June 7th when the Senate Democrats
3253
attempted an amendment on the Summer Youth
Employment Program. And the fact that because
we don't have a budget, we haven't made the
decision about the $10 million being replaced
by the Legislature or lost as the Governor
proposes.
It's June. If you're running a
summer youth employment program, you basically
need to know whether you have those monies now
or you can't have the program at the size it
was last year. It's as simple as that. You
can't learn on July 12th or June 29th whether
or not it's a $15 million state allocation or
a $25 million state allocation and expect to
have a program running. You need to reach
those kids before they left school. You need
to hire those people who are going to run your
programs.
We do an enormous disservice in
every one of our communities when we let our
budgets go later and later each year, when we
don't put in fair allocations of aid such as
our school aid where we're cheating for a
while on giving them the money -- I don't
know, maybe hoping that, what, we save some on
3254
the interest or something, rather than handing
it out to the localities?
This is the ninth budget extender.
There's no excuse for that even if we haven't
resolved the issues on CFE. But again, to
close, to say we still have plenty of time,
the court gave us to June 30th -- excuse me,
the court gave us till July 30th, I believe is
a disingenuous argument by this legislative
body on June 7th of 2004. I will be voting
no.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Schneiderman, for the second time on the bill.
SENATOR SCHNEIDERMAN: Please
recognize Senator Montgomery.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Thank you,
Madam President. Thank you, Senator
Schneiderman.
I would like to just -- I'm going
to vote no this time as well, and I think
obviously for all the reasons that have been
enumerated so articulately. The system is
3255
broken.
But I just want to point out to
you, Madam Chair, and I want for the record,
on behalf of the hundreds of young people in
my district, I have a list of the summer youth
employment programs in the City of New York
that are funded by the state. And there are
17 in Brooklyn. Eight of those are in my
district.
So there are hundreds of young
people who are depending on us. Now, that's
only my district, because obviously I have to
represent my constituents. But these are
hundreds, thousands of young people on this
extensive list of all the boroughs. And I'm
sure if we went around the state we would find
an even thicker list with young people who are
depending on us.
Now, the Governor has already given
us a budget with $10 million cut from summer
youth employment. Now, this is at least a
40 percent reduction. But that represents a
cut from the prior year, where we funded them
30,000. They were cut last year, and now
again this year. And the Governor keeps -- we
3256
keep receiving these piecemeal budgets.
So how can we say to our young
people that we care about them? I hope that
people don't go back to their districts and
speak at graduations and say how much they are
supporting the young people and that they hope
they have a bright future and that they want
them to do good in school and they want them
to be good citizens. Please don't say that to
young people if you are giving them this as an
answer to their needs in terms of summer youth
employment and after-school and all of the
programs that we fund for young people.
So I'm voting no on this, because I
think this is totally irresponsible as a
process for delivering services and programs
and resources to the citizens of our state.
So I'll be voting no, Madam President.
Thank you.
ACTING PRESIDENT McGEE: Senator
Schneiderman, for the second time on the bill.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I have to respond to a few of the
observations of my colleagues. And I'm sorry
3257
that we're doing this so late in the session.
It might have been useful for us to have a
discussion earlier.
With respect to our great Finance
chair, the Court of Appeals in the Campaign
for Fiscal Equity decision -- which I commend
to you reading it, as Senator LaValle is
reading it -- explicitly rejected two
arguments. One, it rejected the argument that
it is the mismanagement of the city and the
state is not responsible for the schools.
Two, it rejected the argument that we're
giving enough money, the state government, to
the city schools.
The reason that we are here, the
reason that the Campaign for Fiscal Equity
plaintiffs were successful, is that the
Constitution of the State of New York, for
better or worse, says that the Legislature
must provide for a system of common schools
wherein all the children of this state may be
educated.
And in the Levittown case in 1982,
the Court of Appeals made it clear that that
doesn't just mean any old system of schools
3258
that doesn't necessarily have any standards.
Everyone here supports standards in education.
The Court of Appeals in the Levittown case
made it clear that the schools have to provide
a sound, basic education for all of our
children.
We're not asking for luxury. And
we're not in a situation where we can say, as
the State Legislature: Well, it's the city's
fault. I mean, keep in mind that the defense
of the state -- and I think a shameful
defense -- was we, the State of New York, we
the Legislature, create the Board of
Education, we fund them, we're in charge of
all the statutes that create them, but they're
mismanaging the money, our agent that we have
total control over; therefore, we're not
liable.
That's a ridiculous argument. The
court rightly rejected it. We are responsible
under the constitution. We have to solve the
problem. We've been avoiding this for too
many decades.
Coming to the issue of the city and
its need to provide more funds, which is an
3259
argument that's been made, I would
respectfully urge that according to all of the
best estimates -- and this was in a report
that was released by the speaker of the City
Council, and this is all taken from the state
budget -- the City of New York, the taxpayers
in New York City pay $3.5 billion more to the
State of New York than we receive in services
and funding for our programs.
So I don't really like it when we
are accused of being greedy on this issue.
We're not asking for more money than we're
paying. We're asking for a slight reduction
in the inequitable treatment of the taxpayers
of the City of New York. Because the City of
New York has great wealth, but it also has a
much higher proportion of the poor people in
the state.
And in our school system, while we
receive -- and again, these are findings from
the Court of Appeals, findings by Leland
DeGrasse affirmed by the Court of Appeals --
per-pupil expenditures by the state for the
City of New York were lower than
three-quarters of the state's districts,
3260
including all the other large city districts.
The reason we need more money is
because of the population of our
schoolchildren. And again, I know everyone
fights hard for their schools. And I don't
think that there's any ill will here in this
debate. But I would urge you that if you had
a school system where 73 percent of the
children were eligible for the federal free
lunch program, because that's how poor they
are, where 442,000 children came from families
receiving Aid to Families with Dependent
Children, you would need more money for those
children. Also where you have a high portion
of children who are not native English
speakers. Where you have 135,000 children
enrolled in special education programs.
We have higher-needs children. We
have higher needs, and yet we get less from
the state while we're subsidizing the other
programs around the state.
So the Court of Appeals rightly
rejected those arguments, and I don't think we
should get back into rearguing them. The fact
of the matter is that under the Constitution
3261
of the State of New York, the Legislature is
responsible.
And coming back to a point that
Senator LaValle made, which I think is
extremely important, the court, at page 51 of
the Court of Appeals opinion, which in my view
is the penultimate paragraph, doesn't just
limit us to financing issues. We are required
also to enact whatever reforms we deem
appropriate.
The door is open. If we have ideas
on how to reform the city education system to
more efficiently deliver funds, the door is
open to do it. It's not just an opinion about
money.
The court stated: "Reforms to the
current system of financing school funding and
managing schools should" and then goes on to
talk about what they should do.
So, you know, it does again note
that because of their findings that the city
is underfunded, that we have to ensure as a
part of that that every school in New York
City would have the resources necessary for
providing the opportunity for a sound, basic
3262
education.
So the court did not take away its
ruling that we're underfunding the city. But
we're allowed to enact reforms to the system
of financing and also reforms to managing
schools. So the door is open there.
But the constitutional obligation
is on us. The constitutional obligation is
not on the mayor of the City of New York, it's
not on the City Council, it's on the
Legislature.
So here we are, June 7th, making
these arguments that I think were resolved
pretty conclusively by the Court of Appeals.
Here we are waiting for the hearing next
Thursday where the plaintiffs are going to
seek the immediate appointment of a panel of
special masters. And we're not passing a
budget, and we are telling our constituents
it's because we can't agree on CFE.
I think we can. And I, with all
sincerity, urge my colleagues that our
proposals for finding revenue -- we understand
that money is tight. We've come up with ways
to fund the program. And that's what we're
3263
trying to do, and that's what is documented in
Senator Paterson's March 31st budget proposal.
And we can argue in more detail
about the proposal that Senator Bruno
announced. Absolutely correct, he went first.
You got the issue on the table.
But I would argue, if we get into
that, that the $4.5 billion over five years in
new state funds is an amount that does not
even keep up with the natural growth of
inflation in contractual obligations. And I
would respectfully submit that I do not think
that's going to stand the scrutiny by the
court and avoid the appointment of a special
master. I think we have to come up with more
money.
We're working with you. We're
trying to find ways to come up with the money.
We think it's there.
So I'm voting no on this. Frankly,
it's good to have a debate about this. I
don't know that there's a debate going on
anywhere else about this. And we're happy to
talk with you. We need to get money for the
schools.
3264
But let's not get back into
arguments that were rejected by the Court of
Appeals. The City of New York is underfunded.
There are detailed findings of fact on that.
And the legal obligation is ours.
If you want to come up with a
proposal to reform the way the city delivers
services, we can pass a law to do it. But we
can't walk away and say: Well, we're only
going to give you a little money and force you
to pay more money and not enact any other
reforms. We're not going to solve the problem
that way.
We're talking about the future of
our state. If you're the most hardhearted
vulture capitalist in New York, you should
support funding excellent public schools for
all of our children, because it's good for the
economic health of our state. This is not
charity. This is our obligation.
I'm voting no, Madam President.
But I appreciate my colleagues at least
engaging in the discussion of this pressing
issue. I'm sorry we've waited till June 7th
to do it.
3265
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Thank you, Madam
President. Very briefly.
While we're talking about
obligations, I want to talk about an
obligation that's going to compel me to vote
yes. And I don't think there's much of a
debate in the chamber about the level of
dysfunction in the budget process, the lack of
results on some serious issues.
It's been suggested that it's very
difficult, if you're a school administrator,
to plan your budget for next year not knowing
the resolution of the CFE decision. I would
suggest to you that the more immediate problem
might be, if we vote this down, about how
you're going to pay your teachers within the
next two weeks.
I would suggest that the more
immediate problem might be how do we pay the
people who clean our offices and run the
elevators and work out on the road in the DOT
and work throughout state agencies as
secretaries; about how local governments are
3266
going to pay for things like programs for the
elderly; about how nursing homes and hospitals
are going to fare over the next month without
their Medicaid payments.
Now, gestures are one thing. But
shutting the government down because we can't
get the job done? In the eloquent words of
Homer Simpson: Huh? I don't get it. The
responsible thing to do is to buckle down and
to get our job done. But it's totally
irresponsible to punish our constituents
because we can't do it.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 25. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1480 are
Senators Dilán, Duane, Hassell-Thompson, L.
Krueger, Lachman, Montgomery, Onorato,
Paterson, Sabini, Schneiderman, and A. Smith.
Ayes, 47. Nays, 11.
3267
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Is there any
housekeeping at the desk?
ACTING PRESIDENT McGEE: Yes,
there is.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
On behalf of Senator Spano, on page
number 62 I offer the following amendments to
Calendar Number 1250, Senate Print Number
7188, and ask that said bill retain its place
on the Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Morahan.
SENATOR MORAHAN: Madam
President, there being no further business, I
move we adjourn until Tuesday, June 8th, at
3:00 p.m.
ACTING PRESIDENT McGEE: On
3268
motion, the Senate stands adjourned until
Tuesday, June 8th, at 3:00 p.m.
(Whereupon, at 5:50 p.m., the
Senate adjourned.)