Regular Session - January 10, 2005
49
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 January 10, 2005
11 2:59 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR RAYMOND A. MEIER, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
50
1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order.
4 May I ask everyone present to
5 please rise and join me in the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MEIER: In the
10 absence of clergy, may we please each bow our
11 heads in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT MEIER: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Sunday, January 9, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 January 8, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT MEIER: Hearing
22 no objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
(518) 371-8910
51
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Bruno.
8 SENATOR BRUNO: Mr. President, I
9 believe that I have a privileged resolution at
10 the desk numbered 72. I would ask at this
11 time that it be read in its entirety and move
12 for its immediate adoption.
13 ACTING PRESIDENT MEIER: The
14 Secretary will read.
15 THE SECRETARY: By Senator Bruno,
16 Legislative Resolution Number 72, expressing
17 sincerest, heartfelt condolences to the
18 victims of the devastating natural disaster in
19 Southeast Asia that was caused by a tsunami on
20 Sunday, December 26, 2004.
21 "WHEREAS, This Legislative Body
22 recognizes the epic devastation that has been
23 and continues to be caused by the natural
24 disaster that has hit Southeast Asia, and the
25 far-reaching loss of life and damage that has
Candyco Transcription Service, Inc.
(518) 371-8910
52
1 been sustained by the victims of this tragedy
2 and by the entire world; and
3 "WHEREAS, on Sunday, December 26,
4 2004, the most powerful earthquake in 40 years
5 shook the island of Sumatra, causing violent
6 tsunamis in the Indian Ocean, which in turn
7 pounded shorelines from Indonesia to Tanzania,
8 leaving over 100,000 dead, thousands more
9 missing or unreachable, and millions more
10 homeless or without food or shelter; and
11 "WHEREAS, This natural catastrophe
12 is one of the worst the world has ever seen,
13 and the ramifications in terms of loss of life
14 will be long-term; the loss of life will be
15 generational, as whole families have been
16 lost, lifelong injuries sustained, and many
17 children orphaned as a result of the tragedy;
18 and
19 "WHEREAS, In turn, this Legislative
20 Body also recognizes that our commitment and
21 our compassion as a state must be long-term,
22 in order to ensure that the recovery efforts
23 underway in Southeast Asia continue until the
24 rebuilding of homes and lives takes hold once
25 again in the affected regions; and
Candyco Transcription Service, Inc.
(518) 371-8910
53
1 "WHEREAS, The giving nature of
2 New Yorkers, and all Americans, is already
3 apparent by the outpouring of sympathy and
4 contributions made on behalf of countless
5 individuals and organizations who have aided
6 in the relief efforts; and
7 "WHEREAS, This Legislative Body
8 represents a community that possesses the
9 natural inclination to come to those in need,
10 especially in times of the greatest tragedies
11 that have occurred on our own soil as well as
12 abroad; and
13 "WHEREAS, Above all else, the
14 generous people of the State of New York, as
15 represented by this Legislative Body, will be
16 steadfast in their solidarity with the victims
17 of this natural disaster until stability
18 returns to their countries and hope is
19 restored to their lives; now, therefore, be it
20 "RESOLVED, That this Legislative
21 Body pause in its deliberations to express
22 sincerest, heartfelt condolences to the
23 victims of the devastating natural disaster in
24 Southeast Asia that was caused by a tsunami on
25 Sunday, December 26, 2004."
Candyco Transcription Service, Inc.
(518) 371-8910
54
1 ACTING PRESIDENT MEIER: Senator
2 Bruno.
3 SENATOR BRUNO: Thank you, Mr.
4 President and colleagues.
5 We've heard a very brief review of
6 one of the greatest tragedies that any of us
7 have ever heard of in, possibly, centuries.
8 And when we talk about and you read about it,
9 that 150,000, approximately, dead, and still
10 counting, million of people displaced, it kind
11 of puts our lives in perspective.
12 And this is a natural disaster. In
13 no way could it have been avoided. It just
14 happens. I think it's important that we just
15 recognize the suffering that has taken place,
16 when you hear and read about orphans by the
17 thousands that are out there, and no way
18 presently to suitably care for them or to
19 place them.
20 I think it's just important that we
21 recognize what life is all about and how short
22 life can be and how traumatic life can be and
23 how from day to day you imagine those people
24 the day before -- just think about what their
25 lives were like, and then the day of, and then
Candyco Transcription Service, Inc.
(518) 371-8910
55
1 the day after and what's going on there now
2 that will last for years and years and years,
3 never a recovery. And that's as sad as it can
4 be.
5 So I think it's appropriate that
6 while we're here in this chamber contemplating
7 governing -- and we're contemplating how we
8 will govern, how will we be more efficient,
9 more responsive, more open -- we just bear in
10 mind that we shouldn't be conflicted in where
11 we are, but we should just be so mindful that
12 there are people out there in this world who
13 are suffering tragedies that you can't fix
14 with legislation, and suffering that's going
15 to go on and on and on. So all we can do is
16 hope and pray that their lives improve.
17 And, Mr. President, I would ask my
18 colleagues to just join me in a moment of
19 silence and reflect on our lives and their
20 lives. Thank you.
21 Can we rise in a moment of silence.
22 And thank you.
23 (Whereupon, the assemblage rose and
24 respected a moment of silence.)
25 SENATOR BRUNO: Mr. President, I
Candyco Transcription Service, Inc.
(518) 371-8910
56
1 ask that any Senator's name be added to the
2 resolution unless they request otherwise.
3 And thank you.
4 ACTING PRESIDENT MEIER:
5 According to the practice, those wishing not
6 to be on the resolution, inform the desk.
7 The question is on the resolution.
8 All those in favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT MEIER: Those
11 opposed, nay.
12 (No response.)
13 ACTING PRESIDENT MEIER: The
14 resolution is adopted.
15 Senator Bruno.
16 SENATOR BRUNO: Senator Gonzalez
17 would like to be recognized.
18 ACTING PRESIDENT MEIER: Senator
19 Gonzalez.
20 SENATOR GONZALEZ: Yes, Mr.
21 President. There will be an immediate meeting
22 of the Minority conference in Room 314.
23 ACTING PRESIDENT MEIER:
24 Immediate meeting of the Minority conference
25 in Room 314.
Candyco Transcription Service, Inc.
(518) 371-8910
57
1 Senator Bruno.
2 SENATOR BRUNO: I would ask that
3 we have an immediate meeting of the Majority
4 in the Majority Conference Room. And we're
5 estimating 20 minutes, a half hour.
6 Thank you.
7 ACTING PRESIDENT MEIER:
8 Immediate meeting of the Majority conference
9 in the Majority Conference Room.
10 The Senate will stand at ease.
11 (Whereupon, the Senate stood at
12 ease at 3:08 p.m.)
13 (Whereupon, the Senate reconvened
14 at 4:38 p.m.)
15 ACTING PRESIDENT MEIER: Senator
16 Bruno.
17 SENATOR BRUNO: Mr. President,
18 can we at this time return to motions and
19 resolutions.
20 ACTING PRESIDENT MEIER: Motions
21 and resolutions.
22 SENATOR BRUNO: I believe that
23 Senate Resolution 10 is at the desk. I would
24 ask that it be read in its entirety and move
25 for its immediate adoption.
Candyco Transcription Service, Inc.
(518) 371-8910
58
1 ACTING PRESIDENT MEIER: The
2 Secretary will read Senate Resolution 10.
3 THE SECRETARY: By the Senate
4 Committee on Rules, Senate Resolution Number
5 10, providing for the adoption of the Rules of
6 the Senate for a certain period of time.
7 "RESOLVED, That the Rules of the
8 Senate for the year 2004, as last amended, be
9 adopted as the Rules of the Senate for the
10 period January 10, 2005, through January 24,
11 2005."
12 ACTING PRESIDENT MEIER: Senator
13 Bruno.
14 SENATOR BRUNO: Mr. President, we
15 have a resolution before us that extends, as
16 you heard, the Rules of the Senate until
17 January 24th.
18 In the interim, in conference with
19 our members here, and with Senator Paterson,
20 who has been conferencing with his members, we
21 have come to an agreement that the important
22 thing in this chamber is that we be responsive
23 to the public, that we be open, that the
24 proceedings here be efficient and get our work
25 done to get us a result.
Candyco Transcription Service, Inc.
(518) 371-8910
59
1 And while debate will be
2 appropriate when we have the Rules in place,
3 open, proper debate, compromise -- that's the
4 art of governing. And that's where we are.
5 So by agreement, we will be talking
6 with Senator Paterson. We are going to put
7 together a joint committee, a task force
8 between both sides of the aisle, to address
9 the Rules changes to help make this chamber as
10 effective, as efficient, as open as we can all
11 make it. And hopefully sharing our thoughts,
12 working together, which is always better.
13 There's enough time in our lives
14 when we have to be in different places, and
15 that's known as campaigns. And when the
16 campaigns are over, you govern. And that's
17 what we are doing. We are governing.
18 So I welcome the opportunity to
19 confer with Senator Paterson and his
20 colleagues and our colleagues as we go forward
21 over these next two weeks to put together new
22 Rules for the Senate, again, to make us open
23 and responsive.
24 Thank you.
25 ACTING PRESIDENT MEIER: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
60
1 Paterson.
2 SENATOR PATERSON: Mr. President,
3 I think for the past couple of years there has
4 been a growing concern on the part of the
5 public, through good government groups -- and
6 even privately among ourselves -- that we
7 reach our potential in terms of our
8 interaction as a body and our effectiveness as
9 a Legislature.
10 To that end, there have been a
11 number of proposals designed to revitalize and
12 in many ways reenfranchise government and to
13 give the public, that sends us as their
14 representatives through service, a better
15 product than we have.
16 It's no secret that twenty years of
17 late budgets and a number of inabilities to
18 reach decisions on the Help America Voting Act
19 and other ways that we would receive money
20 from the federal government have placed us all
21 in the position of further and further
22 scrutiny by the people that we represent.
23 Today, I think that the Majority
24 conference, through their dialogue with our
25 conference, that we have reached a higher
Candyco Transcription Service, Inc.
(518) 371-8910
61
1 level of consciousness here and perhaps the
2 dawning of a new era of cooperation, in that
3 we will table the Rules of the Senate for two
4 weeks while we reexamine some of the issues on
5 which we have some vehement disagreement.
6 The disagreement itself is not a
7 problem. That is something that is historical
8 in our country and in our state. But it's our
9 ability to create a process that brings us
10 closer to something that is really
11 representative, is what we are seeking.
12 And so I'd like to thank all the
13 members of the Republican conference and their
14 staffs who helped them look over some of our
15 suggestions, and particularly Majority Leader
16 Bruno for talking to us today and being
17 willing to negotiate with us on something that
18 will allow every member of this Senate the
19 capacity to represent our constituencies to
20 the highest level of performance that we can
21 achieve.
22 So we will take another look at the
23 Rules. We'll try to work it out. And even if
24 we are not in full agreement in the end, it
25 will at least demonstrate that not at the last
Candyco Transcription Service, Inc.
(518) 371-8910
62
1 minute, but in a way that gives a voice to
2 everyone here, we will seek an end that I
3 think we will all be proud of.
4 If nothing else, it cannot be said
5 that we haven't consulted with each other,
6 that there are hard feelings on either side,
7 that there are any sort of surprise proposals,
8 some of which may have been the hard and fast
9 feelings of some of us here. We've alleviated
10 that today by creating a coalition of spirit,
11 if not of interest, and will go forward and
12 try to demonstrate to the public we represent
13 that we are reaching our professional
14 capacity.
15 So I want to thank Senator Bruno
16 again and thank the members of my conference
17 and of the Majority conference for the joint
18 cooperation we've achieved today.
19 ACTING PRESIDENT MEIER: The
20 question is on the resolution. All those in
21 favor signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT MEIER: Those
24 opposed, nay.
25 (Response of "Nay.")
Candyco Transcription Service, Inc.
(518) 371-8910
63
1 ACTING PRESIDENT MEIER: The
2 resolution is adopted.
3 Senator Bruno.
4 SENATOR BRUNO: Mr. President, is
5 there any further business to come before the
6 Senate at this time?
7 ACTING PRESIDENT MEIER: There is
8 no further business, Senator.
9 SENATOR BRUNO: Then there being
10 no further business, I would hand up a list of
11 Finance Committee assignments on behalf of the
12 Majority, and, in consultation with Senator
13 Paterson, hand up the members of the Minority
14 on the Finance Committee.
15 And if you would recognize Senator
16 Gonzalez.
17 ACTING PRESIDENT MEIER: Senator
18 Gonzalez.
19 SENATOR GONZALEZ: Mr. President,
20 there will be a meeting of the Minority
21 conference tomorrow, Tuesday, January 11th,
22 10:30 a.m., Room 314.
23 Thank you, Mr. President.
24 ACTING PRESIDENT MEIER: The
25 reports outlined by the Majority Leader will
Candyco Transcription Service, Inc.
(518) 371-8910
64
1 be received and entered into the Journal.
2 And the Senate Minority conference
3 will meet tomorrow at 10:30 a.m. in Room 314.
4 Senator Bruno.
5 SENATOR BRUNO: And, Mr.
6 President, there being no further business to
7 come before the Senate, I would move that we
8 stand adjourned until 11:15 tomorrow. But at
9 11:00, there will be a meeting of the Finance
10 Committee in Room 124. 11:00, session at
11 11:15.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MEIER: On
14 motion, the Senate stands adjourned until
15 Tuesday, January 11th, at 11:15 a.m.
16 (Whereupon, at 4:45 p.m., the
17 Senate adjourned.)
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910