Regular Session - November 18, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
November 18, 2004
12:35 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Wednesday, November 17, the Senate met
pursuant to adjournment. The Journal of
Tuesday, November 16, 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 Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar in
its entirety, except for Resolutions 6233 and
6244.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Resolutions 6233 and 6244, please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up Resolution 6233, by
Senators Leibell and Bruno, have the title
read, and move for its immediate adoption.
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THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senators
Leibell and Bruno, Legislative Resolution
Number 6233, paying tribute to the
distinguished and remarkable life of
Christopher Reeve.
THE PRESIDENT: All in favor of
adopting the resolution please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Senator Leibell
would like to open up the resolution for
cosponsorship. So if anybody wishes not to
cosponsor the resolution, they should notify
the desk.
THE PRESIDENT: Any member who
does not wish to cosponsor the resolution
should notify the desk.
Senator Leibell.
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SENATOR LEIBELL: Thank you,
Madam President.
I would like to take just a moment
of the time today to remember Christopher
Reeve. He was a gentleman who was a
constituent and lived in my district but was
certainly known to everyone around the country
and the world. Not only was he a famous
actor, someone who had been in the direction
and production end of the movie business and
was a person who appeared in live theater, but
he was someone we had seen here in happier
times in Albany in the past.
We all know the history of the
tragic accident that he suffered and the
injury he sustained. For an average person,
it would have been very easy to have gone away
and lived quietly in a hospital room. But
Christopher Reeve was not an ordinary man. In
fact, he chose, he elected to become the
world's leading advocate for spinal cord
research.
I had the good fortune to work with
him in 1998 on the Spinal Cord Injury Research
Trust Fund, which we created in this state,
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and through the activity of this legislative
body, which provides $8.5 million annually to
spinal cord research, from traffic fines. And
I had a chance, during that legislation, while
it was being worked on and looking towards its
passage, to speak with him on a number of
occasions and thereafter to meet with him.
He was a great asset to those who
felt that life had dealt them a terrible blow
and possibly left them behind. He was an
eloquent voice not only for those who had
spinal cord injuries, but for those who
suffered from any other type of serious
affliction. He was well known in our
community as being a great family man and a
wonderful neighbor to have.
To his family and to his friends,
we certainly all offer our condolences. He is
an asset that will continue on, though, for
our state and our community. We were all
truly enriched by his life, by his bravery,
and by his work.
Thank you, Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
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at this time if we could take up Resolution
6244, by Senator Little, have the title read,
and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Little, Legislative Resolution Number 6244,
memorializing Governor George E. Pataki to
proclaim November 2004 as Home Care Month in
the State of New York.
THE PRESIDENT: Senator Little.
SENATOR LITTLE: Thank you.
At this time we would like to open
up this resolution to all members.
We know that home care is certainly
the preferred choice of most of our elderly
and disabled. And what we would like to do
here is point out the value of home care and
to promote it.
Not only is it better for the
person and their family when it's possible for
them to be at home, but, as we know in our
Medicaid task force and studies, that in many
ways home care can prevent a far more
expensive cost of residing in a nursing home.
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As well as one of the other groups
that I think we need to concentrate more on
home care, is for our younger disabled people
who have found themselves in a nursing home,
that we need to be able to provide more and
consistent better home care for them.
And I think by doing this
resolution, we just focus on our appreciation
of it and the value that it holds for our
Senate body.
Thank you.
THE PRESIDENT: Senator Skelos,
do you wish to open this resolution up for
cosponsorship by all the members?
SENATOR SKELOS: Yeah, we'd like
to open that for sponsorship. If anybody
wishes not to sponsor it, they should notify
the desk.
THE PRESIDENT: Any member that
does not wish to sponsor this resolution
should notify the desk.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
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Room. And the Senate will stand at ease
pending the report of the Rules Committee.
THE PRESIDENT: First, all in
favor of the resolution please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
There will be an immediate meeting,
in the Majority Conference Room, of the Rules
Committee. And the Senate stands at ease.
(Whereupon, the Senate stood at
ease at 12:42 p.m.)
(Whereupon, the Senate reconvened
at 12:50 p.m.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read.
THE PRESIDENT: The Secretary
will read.
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THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 7515, by the Senate
Committee on Rules, an act to amend the Tax
Law;
7757, by Senator Bonacic, an act to
repeal Section 1 of Part G of Chapter 56 of
the Laws of 2004;
Assembly Print Number 11075A, by
the Assembly Committee on Rules, an act to
amend the Education Law;
And Assembly Print Number 11864, by
the Assembly Committee on Rules, an act to
amend a chapter of the Laws of 2004.
All bills ordered direct to third
reading.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
THE PRESIDENT: All in favor of
accepting the report of the Rules Committee
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
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(No response.)
THE PRESIDENT: The report is
accepted.
Senator Skelos.
SENATOR SKELOS: If we could take
up the noncontroversial reading of the Rules
report.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1756, by the Assembly Committee on Rules,
Assembly Print Number 11075A, an act to amend
the Education Law, in relation to the
allocation.
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, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: In relation to
Calendar Number 1964, Senator Bruno moves to
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discharge, from the Committee on Rules,
Assembly Bill Number 11625 and substitute it
for the identical Senate Bill Number 7515,
Third Reading Calendar 1964.
THE PRESIDENT: Substitution
ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1964, by the Assembly Committee on Rules,
Assembly Print Number 11625, an act to amend
the Tax Law.
THE PRESIDENT: There is a local
fiscal impact statement at the desk.
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, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: In relation to
Calendar Number 1966, Senator Bonacic moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11845 and substitute it
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for the identical Senate Bill Number 7757,
Third Reading Calendar 1966.
THE PRESIDENT: Substitution
ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1966 --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1967, by the Assembly Committee on Rules,
Assembly Print Number 11864, an act to amend a
chapter of the Laws of 2004 authorizing the
school district of the City of Rensselaer.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2004.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
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THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Thank you, Madam
President. If we could take up the
controversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1966, substituted earlier by the Assembly
Committee on Rules, Assembly Print Number
11845, an act to repeal Section 1 of Part G.
SENATOR BRESLIN: Explanation,
please.
THE PRESIDENT: Senator Bonacic,
an explanation has been requested.
SENATOR BONACIC: Thank you,
Madam President.
This is a bill that would repeal
Section 1 of Part G of Chapter 56 of the Laws
of 2004. It was a component of our 2004-2005
state fiscal plan. And it would repeal
Section 1809D of the Vehicle and Traffic Law
relating to the authority to impose a local
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surcharge.
The bottom line on this legislation
is to return the vehicle and traffic justice
court fines to the cities, towns and villages,
as opposed to the state receiving the revenue.
This legislation has already passed
the Assembly 143 to 0, and it has the support
of the New York State Conferences of Mayors
and Municipalities, and also the support
verbally of the New York State Association of
Towns.
What it amounts to, according to
the revenue estimate lost by the
municipalities, is $23 million. And to those
municipalities that are located along
interstates or major arteries of roads, it
amounted to a significant amount of their
town, city or village budget. And as a result
of that loss, they would have to raise local
property taxes to make up for that loss.
We originally passed that component
in a much bigger omnibus budget bill, which
the merits of that bill we were all supportive
of -- except two members -- at the time. And
it was something that we saw and we knew we
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had to correct it down the road. That's what
we're doing today.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Madam
President, on the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR BRESLIN: I commend
Senator Bonacic for correcting what we do to
localities, either take their money or mandate
that they come up with money. And as Senator
Bonacic mentioned, many of those localities
that are along major thoroughfares happen to
be in my district.
In addition, it's an example of not
being able to review bills properly and the
dysfunctional nature of that inability to
review them. I would say that a distinct
majority of this house had no idea that this
particular piece of legislation was contained
in the budget bill, and that's something we
need to correct this session.
But again, I commend you, Senator
Bonacic. And it's a positive change, a
positive change to correct a wrong.
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I will be voting in the
affirmative.
THE PRESIDENT: Senator Brown.
SENATOR BROWN: Thank you, Madam
President.
I also want to commend Senator
Bonacic for his action in sponsoring and
getting this bill passed. I know it will
pass.
Let me say that I also want to
thank the members of the Senate for the past
two years in authorizing the City of Buffalo
to do the very same thing.
For the last two years, I have
sponsored legislation to give Buffalo the
ability to adjudicate its traffic tickets,
which would produce a million dollars annually
for the City of Buffalo, which we all know is
suffering through a fiscal control board.
I will again be introducing that
legislation in January, and I will be asking
my colleagues in the Senate for their support
again.
But, Senator Bonacic, your action
in returning this revenue for the towns and
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villages across the state is important, and I
salute you for your efforts.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I also
wanted to speak on the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR DeFRANCISCO: During the
budget subcommittee meetings, many of us -- I
think all of us at the subcommittee had spoken
against taking this revenue away from the
towns and villages. And somehow, as happens
in government, it became part of a budget bill
that no one will ever be able to read, in view
of its size.
But the fact of the matter is the
accomplishment here -- and we thank Senator
Bonacic for pursuing this -- is that if there
is a mistake made, and there was in this case,
that it can be corrected and it should be
corrected. And this is going to be for the
better of our towns and villages because they
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need this revenue, they rely on this revenue.
So I'm going to vote yes.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
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 PRESIDENT: Senator Bonacic,
to explain your vote.
SENATOR BONACIC: Thank you,
Madam President.
In my Senate district I have three
major arteries. When we passed this budget
bill and the word got down to all the
municipalities, I was barraged with letters of
the mistake that we made that hurt
municipalities really throughout the State of
New York.
I contacted Senator Bruno. And
when I contacted him and he looked into it,
within a very short time, he said: "This is
something we have to correct."
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So I want to thank the Majority
Leader and my colleagues, keeping in mind that
there was pressure at the time coming from the
Governor's office that we were spending too
much and we have to reduce our spending. And
this is going contrary to the message that the
Governor was giving us at the time.
So I felt that this was the right
thing for all of us to do. And I'm optimistic
that when our Governor looks at this, he will
also think that it is worthy, that we don't
want to balance the budget on the backs of our
local municipalities, who are all struggling
with their local tax rates for their
constituents.
Thank you, Madam President.
THE PRESIDENT: You will be
recorded as voting in the affirmative.
Senator Farley.
SENATOR FARLEY: Yes, thank you,
Madam President. I see we have new
microphones here.
Let me just say I don't think that
there's been any issue in the budget, that was
buried in the budget, that caused such a
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firestorm in local government, among our
villages and towns, as did this. And
everything that Senator Bonacic said, I
second.
But I also want to say I think I
recall the Governor saying that he approved of
the Legislature doing this. And I'm sure
that -- I'm confident that as this bill goes
forward, it will be signed by the Governor.
It's a great piece of legislation,
it's something we need to do, and I commend my
colleagues for supporting it.
Thank you.
THE PRESIDENT: Senator Farley,
you will be recorded as voting in the
affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there isn't,
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Senator.
SENATOR SKELOS: On behalf of
Senator LaValle, I'd like to announce an
immediate meeting of the Higher Education
Committee, after session ends, in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Higher Education
Committee in the Majority Conference Room at
the end of session.
SENATOR SKELOS: There being no
further business to come before the Senate --
would you please recognize Senator Bonacic.
THE PRESIDENT: Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President. I just want to put something
on the record, if I may.
At a previous session I voted in
the negative on Calendar 1502. It was
Assembly Bill 11349. It passed the Senate
earlier this year. I intended to be recorded
in the negative on Calendar 1503.
THE PRESIDENT: You will be so
recorded as voting in the negative, Senator
Bonacic.
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SENATOR BONACIC: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business to come before
the Senate at this time --
THE PRESIDENT: Senator Brown.
SENATOR BROWN: Thank you,
Senator Skelos. Thank you, Madam President.
Madam President, I request
unanimous consent to be recorded in the
negative on Senate Bill 7515.
THE PRESIDENT: You will be so
recorded as voting in the negative, Senator.
Senator Skelos.
SENATOR SKELOS: Does any other
Senator wish to be recognized at this time?
There being no further business to
come before the Senate at this time, I move
that we stand adjourned at the call of the
Majority Leader, intervening days being
legislative days.
THE PRESIDENT: On motion, the
Senate stands adjourned until the call of the
Majority Leader, intervening days being
legislative days.
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(Whereupon, at 1:05 p.m., the
Senate adjourned.)