Regular Session - May 4, 2005

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                      May 4, 2005

        11                      12:07 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  Everyone present please rise and

         5       repeat with me the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  THE PRESIDENT:    In the absence of

         9       clergy, may we bow our heads, please, in a

        10       moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  THE PRESIDENT:    Reading of the

        14       Journal.

        15                  THE SECRETARY:    In Senate,

        16       Tuesday, May 3, the Senate met pursuant to

        17       adjournment.  The Journal of Monday, May 2,

        18       was read and approved.  On motion, Senate

        19       adjourned.

        20                  THE PRESIDENT:    Without

        21       objection, the Journal stands approved as

        22       read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    The Governor

         3       returned, without Executive approval, Senate

         4       Bill Number 2, entitled "An act to amend the

         5       State Finance Law."

         6                  THE PRESIDENT:    Senator Bruno.

         7                  SENATOR BRUNO:    Madam President,

         8       I move to lay said bill, as vetoed by the

         9       Governor, on the table.

        10                  THE PRESIDENT:    So ordered.

        11                  Reports of standing committees.

        12                  Reports of select committees.

        13                  Communications and reports from

        14       state officers.

        15                  Motions and resolutions.

        16                  Senator Bruno.

        17                  SENATOR BRUNO:    Madam President,

        18       I believe there is a resolution at the desk by

        19       Senator Bonacic.  I would ask that the title

        20       be read and move for its immediate adoption.

        21                  THE PRESIDENT:    The Secretary

        22       will read.

        23                  THE SECRETARY:    By Senator

        24       Bonacic, Legislative Resolution Number 1693,

        25       honoring Bernadette Reichle upon the occasion



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         1       of receiving the Education Award from the

         2       Sarah Wells Girl Scout Council and the YWCA of

         3       Orange County at the 2005 Tribute to Women of

         4       Achievement of Orange County.

         5                  THE PRESIDENT:    The question is

         6       on the resolution.  All in favor please

         7       signify by saying aye.

         8                  (Response of "Aye.")

         9                  THE PRESIDENT:    Opposed, nay.

        10                  (No response.)

        11                  THE PRESIDENT:    The resolution is

        12       adopted.

        13                  Senator Bruno.

        14                  SENATOR BRUNO:    Madam President,

        15       there is another resolution at the desk, by

        16       Senator Larkin.  I would ask that it be read

        17       in its entirety and move for its immediate

        18       adoption.

        19                  THE PRESIDENT:    The Secretary

        20       will read.

        21                  THE SECRETARY:    By Senator

        22       Larkin, Legislative Resolution Number 1694,

        23       commemorating the 60th Anniversary of VE-Day,

        24       Victory in Europe during World War II, to be

        25       observed on Thursday, May 5, 2005.



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         1                  "WHEREAS, It is the sense of this

         2       Legislative Body that those who give positive

         3       definition to the profile and disposition of

         4       our American manner, do so profoundly

         5       strengthen our shared commitment to the

         6       exercise of freedom; and

         7                  "WHEREAS, Attendant to such

         8       concern, and fully in accord with its

         9       long-standing traditions, it is the intent of

        10       this Legislative Body to commemorate the

        11       60th Anniversary of VE-Day, Victory in Europe

        12       during World War II, to be observed on

        13       Thursday, May 5, 2005, at the New York State

        14       World War II Memorial in Albany, New York,

        15       with a special ceremony; and

        16                  "WHEREAS, New York State officials

        17       and veterans from across the state will gather

        18       to observe this important anniversary to

        19       instill in all citizens a greater

        20       understanding and appreciation of the selfless

        21       sacrifice of the brave individuals who served

        22       their country during World War II; and

        23                  "WHEREAS, VE-Day was a triumph that

        24       silenced the guns of war that had laid claim

        25       to death and devastation across the continent



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         1       for nearly six years; and

         2                  "WHEREAS, It was the extraordinary

         3       courage of a special generation of Americans

         4       and the passion for freedom of our Allies that

         5       would defeat an evil regime and keep alight

         6       the flame of liberty; and

         7                  "WHEREAS, The dedication and

         8       sacrifices of these extraordinary Americans

         9       who served during World War II ensured our

        10       continued role as a nation which embodies the

        11       ideals of democracy and is a defender of

        12       liberty for peoples throughout the world; and

        13                  "WHEREAS, This Legislative Body is

        14       very pleased to have this opportunity to

        15       express its gratitude to the veterans of World

        16       War II for their tremendous sacrifices made

        17       for our nation and for the benefit of all

        18       Americans; now, therefore, be it

        19                  "RESOLVED, That this Legislative

        20       Body pause in its deliberations to commemorate

        21       the 60th anniversary of VE-Day, Victory in

        22       Europe during World War II, to be observed on

        23       Thursday, May 5, 2005; and be it further

        24                  "RESOLVED, That copies of this

        25       resolution, suitably engrossed, be transmitted



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         1       to veteran organizations in New York State."

         2                  THE PRESIDENT:    Senator Larkin.

         3                  SENATOR LARKIN:    Thank you, Madam

         4       President.

         5                  You know, this is a year that we're

         6       going to -- as far as history goes, is going

         7       to say a lot for us.  But fifty [sic] years

         8       ago, combat in Europe stopped.  Tomorrow, here

         9       in the State Capitol, there will be a ceremony

        10       honoring what happened fifty years ago.

        11                  Fifty years ago the concern was how

        12       explosive Europe would be, how explosive the

        13       Pacific would be.  But yet our armed forces,

        14       joining with our allies, convinced the Germans

        15       that this was the end of the road.

        16                  While it was a joyful occasion,

        17       there were many tearful occasions, because

        18       many of our units that had served in combat

        19       took a step back, and they thought of the

        20       people that they served with, the men and

        21       women -- starting in North Africa, going to

        22       D-Day, crossing the line and taking in

        23       Berlin -- and they remembered those who made

        24       the supreme sacrifice in order to allow this

        25       day to happen.



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         1                  It was a glorious day for us.  It

         2       set in pattern what we had hoped would be the

         3       end of all wars, of which we know it never

         4       took place.

         5                  This resolution is a small piece of

         6       paper.  But to our veterans groups who will

         7       celebrate this day -- in our chamber, there

         8       are three of us who served in World War II:

         9       The dean, Senator Marchi, four years United

        10       States Navy; to my right, Caesar Trunzo,

        11       infantryman; and this little kid from South

        12       Troy, Your Honor, served with them too.

        13                  So we can reflect back.  Most of

        14       all, we'll reflect the great times of having

        15       it end.  Because those troops that were in

        16       Europe were making preparation to join us in

        17       the South Pacific, 86th Blackhawk.  And people

        18       recognized, without the action in Europe, the

        19       devastation that would have been on us in

        20       attacking Japan; there would have been

        21       millions more killed.

        22                  So as we joyfully celebrate things

        23       of spring and all, I think we all ought to

        24       take a moment and reflect how lucky we are

        25       that we had men and women in our nation that



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         1       were willing to fight to preserve freedom.

         2                  Madam President, I'd like to open

         3       up the resolution to all to join us, because

         4       it is a rightful thing to do.

         5                  Thank you.

         6                  THE PRESIDENT:    The question is

         7       on the resolution.  All in favor please

         8       signify by saying aye.

         9                  (Response of "Aye.")

        10                  THE PRESIDENT:    Opposed, nay.

        11                  (No response.)

        12                  THE PRESIDENT:    The resolution is

        13       adopted.

        14                  Any member who does not wish to be

        15       a cosponsor of this resolution please notify

        16       the desk.

        17                  Senator Bruno.

        18                  SENATOR BRUNO:    Madam President,

        19       are there any substitutions at the desk?

        20                  THE PRESIDENT:    Yes, there are,

        21       Senator.

        22                  SENATOR BRUNO:    Can we take up

        23       those substitutions at this time.

        24                  THE PRESIDENT:    The Secretary

        25       will read.



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         1                  THE SECRETARY:    On page 4,

         2       Senator Larkin moves to discharge, from the

         3       Committee on Agriculture, Assembly Bill Number

         4       6428 and substitute it for the identical

         5       Senate Bill Number 1964, First Report Calendar

         6       690.

         7                  On page 8, Senator Marchi moves to

         8       discharge, from the Committee on

         9       Transportation, Assembly Bill Number 5779 and

        10       substitute it for the identical Senate Bill

        11       Number 2940, First Report Calendar 735.

        12                  On page 13, Senator Spano moves to

        13       discharge, from the Committee on

        14       Investigations and Government Operations,

        15       Assembly Bill Number 7294 and substitute it

        16       for the identical Senate Bill Number 5074,

        17       First Report Calendar 789.

        18                  On page 43, Senator Bruno moves to

        19       discharge, from the Committee on Finance,

        20       Assembly Bill Number 2, and substitute it for

        21       the identical Senate Bill Number 1, Third

        22       Reading Calendar 597.

        23                  And on page 51, Senator Maltese

        24       moves to discharge, from the Committee on

        25       Codes, Assembly Bill Number 6285B and



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         1       substitute it for the identical Senate Bill

         2       Number 1872B, Third Reading Calendar 798.

         3                  THE PRESIDENT:    Substitutions

         4       ordered.

         5                  Senator Bruno.

         6                  SENATOR BRUNO:    Madam President,

         7       can we at this time take up the

         8       noncontroversial reading of the calendar.

         9                  THE PRESIDENT:    The Secretary

        10       will read.

        11                  THE SECRETARY:    Calendar Number

        12       187, by Senator Marchi, Senate Print 1841, an

        13       act to amend the Not-for-Profit Corporation

        14       Law, in relation to not-for-profit

        15       corporations.

        16                  SENATOR BRUNO:    Lay it aside for

        17       the day.

        18                  THE PRESIDENT:    The bill is laid

        19       aside for the day.

        20                  THE SECRETARY:    Calendar Number

        21       304, by Senator Larkin, Senate Print 414, an

        22       act to amend the Insurance Law, in relation to

        23       providing.

        24                  THE PRESIDENT:    Read the last

        25       section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the first of January.

         3                  THE PRESIDENT:    Call the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 58.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  THE SECRETARY:    Calendar Number

         9       329, by Senator Little, Senate Print 1184, an

        10       act to authorize certain health care

        11       professionals.

        12                  THE PRESIDENT:    Read the last

        13       section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect July 20, 2005.

        16                  THE PRESIDENT:    Call the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 58.

        19                  THE PRESIDENT:    The bill is

        20       passed.

        21                  THE SECRETARY:    Calendar Number

        22       437, by Senator Meier, Senate Print 3567, an

        23       act in relation to authorizing the reopening

        24       of retirement plans.

        25                  THE PRESIDENT:    There is a



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         1       home-rule message at the desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  THE PRESIDENT:    Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 58.

         8                  THE PRESIDENT:    The bill is

         9       passed.

        10                  THE SECRETARY:    Calendar Number

        11       471, by Member of the Assembly Lavelle,

        12       Assembly Print Number 5475, an act to amend

        13       Chapter 395 of the Laws of 1978.

        14                  THE PRESIDENT:    Read the last

        15       section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  THE PRESIDENT:    Call the roll.

        19                  (The Secretary called the roll.)

        20                  THE PRESIDENT:    Senator

        21       Schneiderman, to explain your vote.

        22                  SENATOR SCHNEIDERMAN:    Yes, Madam

        23       President.

        24                  I'm voting no on this piece of

        25       legislation.  This is a bill originally passed



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         1       in 1973 in response as to an explosion on

         2       Staten Island which killed 40 people.  The

         3       explosion was of a liquid natural gas tank.

         4                  I voted against this in the past

         5       because it has been ascertained that there was

         6       a defect in the particular truck, the

         7       particular tank.  It had nothing to do with

         8       the safety of liquid natural gas, which in

         9       fact is very important for powering clean

        10       engines.

        11                  And unfortunately, this piece of

        12       legislation, which was enacted in response to

        13       that tragedy, is a ban on the siting of

        14       facilities for transporting and storing liquid

        15       natural gas in the City of New York.  It

        16       imposes a tremendous burden.  It increases

        17       pollution in the city.  And I believe it's a

        18       continued reaction to a problem that, while it

        19       was a great tragedy, is not really addressed

        20       by this piece of legislation.

        21                  So I sympathize with anyone still

        22       bearing the scars of the tragedy in 1973.  I

        23       understand Senator Marchi's commitment to

        24       this.  But liquid natural gas is a safe

        25       product, it is a good product for the



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         1       environment, and we should end the ban on

         2       liquid natural gas facilities in the City of

         3       New York.

         4                  So I will be voting no, Madam

         5       President.

         6                  THE PRESIDENT:    You will be

         7       recorded as voting in the negative.

         8                  The Secretary will announce the

         9       results.

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Calendar Number 471 are

        12       Senators Balboni, Breslin, Duane, Gonzalez,

        13       L. Krueger, C. Kruger, Montgomery, Onorato,

        14       Parker, Schneiderman, and Serrano.

        15                  Ayes, 47.  Nays, 11.

        16                  ACTING PRESIDENT MEIER:    The bill

        17       is passed.

        18                  THE SECRETARY:    Calendar Number

        19       526, by Senator Larkin, Senate Print 2622, an

        20       act to amend the General Municipal Law, in

        21       relation to providing.

        22                  ACTING PRESIDENT MEIER:    Read the

        23       last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect on the 180th day.



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         1                  ACTING PRESIDENT MEIER:    Call the

         2       roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 58.

         5                  ACTING PRESIDENT MEIER:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       541, by Senator Hannon, Senate Print 766, an

         9       act to amend Chapter 590 of the Laws of 2002,

        10       amending the Public Health Law.

        11                  ACTING PRESIDENT MEIER:    Read the

        12       last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT MEIER:    Call the

        16       roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 58.

        19                  ACTING PRESIDENT MEIER:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       590, by Senator DeFrancisco, Senate Print 44,

        23       an act to amend the Real Property Law, in

        24       relation to real estate agency disclosure.

        25                  ACTING PRESIDENT MEIER:    Read the



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         1       last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect January 1, 2006.

         4                  ACTING PRESIDENT MEIER:    Call the

         5       roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 58.

         8                  ACTING PRESIDENT MEIER:    The bill

         9       is passed.

        10                  THE SECRETARY:    Calendar Number

        11       593, by Senator Volker, Senate Print 160, an

        12       act to amend the Real Property Law, in

        13       relation to fees for home inspection

        14       examinations.

        15                  ACTING PRESIDENT MEIER:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 12.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT MEIER:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 58.

        23                  ACTING PRESIDENT MEIER:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       597, substituted earlier today by Member of

         2       the Assembly Silver, Concurrent Resolution of

         3       the Senate and Assembly proposing amendments

         4       to Articles IV --

         5                  SENATOR SCHNEIDERMAN:    Lay it

         6       aside.

         7                  ACTING PRESIDENT MEIER:    Lay the

         8       resolution aside.

         9                  THE SECRETARY:    Calendar Number

        10       604, by Senator Farley, Senate Print 2220, an

        11       act to amend the Executive Law, in relation to

        12       designation of August 7th as "Family Day."

        13                  ACTING PRESIDENT MEIER:    Read the

        14       last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT MEIER:    Call the

        18       roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 57.  Nays,

        21       1.  Senator Duane recorded in the negative.

        22                  ACTING PRESIDENT MEIER:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       607, by Senator Little, Senate Print 2973, an



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         1       act to amend the Executive Law, in relation to

         2       including the Fulton chain of lakes.

         3                  ACTING PRESIDENT MEIER:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT MEIER:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 58.

        11                  ACTING PRESIDENT MEIER:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       609, by Senator Spano --

        15                  SENATOR SCHNEIDERMAN:    Lay it

        16       aside.

        17                  ACTING PRESIDENT MEIER:    Lay the

        18       bill aside.

        19                  THE SECRETARY:    Calendar Number

        20       632, by Senator Larkin, Senate Print 70, an

        21       act to amend the Vehicle and Traffic Law, in

        22       relation to authorizing the City of Newburgh.

        23                  ACTING PRESIDENT MEIER:    There is

        24       a home-rule message at the desk.

        25                  Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT MEIER:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 58.

         7                  ACTING PRESIDENT MEIER:    The bill

         8       is passed.

         9                  THE SECRETARY:    Calendar Number

        10       798, substituted earlier today by Member of

        11       the Assembly McLaughlin, Assembly Print Number

        12       6285B, an act to amend the Penal Law, in

        13       relation to enacting "Vasean's Law."

        14                  ACTING PRESIDENT MEIER:    Read the

        15       last section.

        16                  THE SECRETARY:    Section 6.  This

        17       act shall take effect on the first of

        18       November.

        19                  ACTING PRESIDENT MEIER:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT MEIER:    Senator

        23       Maltese, to explain his vote.

        24                  SENATOR MALTESE:    Mr. President,

        25       I rise to explain my vote.



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         1                  Mr. President, I've been coming to

         2       Albany for a great many years now, and very

         3       rarely have I seen the agreement that we have

         4       in effect today to pass this legislation in

         5       this house.  It's a situation that has risen

         6       as a result of a terrible tragedy, the loss of

         7       a little boy, the loss of a beloved little boy

         8       by a mother who cared very deeply about her

         9       only child.

        10                  And that mother is present in the

        11       chamber today.  That mother has been present

        12       in the Assembly chamber for the passage of

        13       this same law.

        14                  That mother, together with her

        15       friend and neighbor -- that mother is

        16       Mrs. Monique Dixon.  Her friend and neighbor

        17       is present here today, and that woman is Diana

        18       Reyes.  Diana is the mother of another little

        19       boy, the best friend of little Vasean, who was

        20       in a coma shortly after the tragic accident.

        21                  That accident was a crime.  That

        22       accident was among the very many accidents

        23       caused by drunken drivers behind the wheels of

        24       vehicles.  This law is seeking to change the

        25       law and stop accidents like that, crimes like



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         1       that from happening in the future.

         2                  Not only does it change the law to

         3       create a rebuttable presumption that an

         4       assault, a vehicular assault or a vehicular

         5       homicide caused by a drunken driver was caused

         6       by a driver's intoxication or impairment, but

         7       it also increases the penalties to a felony in

         8       both cases, a very desired result.

         9                  Speaking as a former prosecutor

        10       myself, and deputy chief of the Homicide

        11       Bureau in Queens, it's very evident that the

        12       law over the years has been too lenient and

        13       has been taken advantage of by drunken

        14       drivers.  It a pity, it is a shame that it

        15       took the death of a little boy to change this

        16       law and provide for a penalty that fits the

        17       crime.

        18                  Nothing can ever bring back that

        19       little boy, but certainly we in this chamber

        20       can pass this legislation.  We in this

        21       chamber, as a result of the efforts of those

        22       two mothers who have lobbied extensively --

        23       lobbied not only Speaker Silver, who has

        24       stepped up to the plate; lobbied the Governor

        25       of the State of New York, who has indicated



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         1       that he will sign this legislation; lobbied

         2       Majority Leader Bruno, who was sympathetic to

         3       this case from the very first and has watched

         4       carefully as this case has progressed and

         5       indicated his acceptance and support.

         6                  By the same token, in this house,

         7       this bill has been supported by my co-prime

         8       sponsor, Senator Toby Stavisky, eliminating

         9       any claim of partisan politics.  Senator Dale

        10       Volker, our chairman of Codes, Assemblyman Joe

        11       Lentol, the Assembly chairman of Codes, have

        12       all cooperated to bring this bill before this

        13       house at a time at less than six months have

        14       expired.

        15                  The support that Mrs. Dixon and

        16       Mrs. Reyes have encouraged and obtained is

        17       absolutely incredible.  They are present in

        18       the chamber today.  I think it's fitting that

        19       they be here today to see this bill passed.

        20                  I vote aye.

        21                  ACTING PRESIDENT MEIER:    Senator

        22       Maltese will be recorded in the affirmative.

        23                  Senator Stavisky, to explain her

        24       vote.

        25                  SENATOR STAVISKY:    Thank you, Mr.



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         1       President.

         2                  October 22, 2004.  That evening,

         3       little Vasean was hit by a drunken driver, and

         4       Angel Reyes was seriously injured.  A lot has

         5       happened in the last -- just over six months,

         6       and it's happened because of the two women who

         7       are seated here in the chamber today.

         8                  But there are some other people

         9       also whom we must thank.  Senator Maltese

        10       mentioned some of them.  We thank Senator

        11       Bruno.  I certainly thank Senator Maltese.  I

        12       thank my Minority Leader, Senator Paterson,

        13       for his guidance and for his leadership on

        14       this issue.

        15                  And we thank the people in the

        16       Assembly, because without Assemblyman

        17       McLaughlin and Assemblywoman Nettie Mayersohn,

        18       Speaker Silver, and Joe Lentol, the Assembly

        19       chair of Codes, and Senator Volker, the chair

        20       of our Codes, we wouldn't be here at this

        21       point today.

        22                  Ms. Dixon and Ms. Reyes live in my

        23       Senate district.  The accident occurred in my

        24       Senate district.  It occurred right on the

        25       boundary of where -- in the street where



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         1       Assemblyman McLaughlin has one side of the

         2       street and Assemblywoman Mayersohn has the

         3       other side of the street.  But it was their

         4       commitment and tenacity that brought us to

         5       this day.

         6                  We also ought to mention the

         7       editorial writers, because they were also very

         8       significant.  We had major editorials in the

         9       Daily News, in Newsday -- Newsday did three

        10       editorials, the Daily News did two -- the

        11       community newspapers.

        12                  The people in the community who

        13       came up and who lobbied and who we went to

        14       court on so many occasions.  They collected

        15       petitions and signatures and lent support to

        16       Ms. Dixon and Ms. Reyes in their fight.  The

        17       people in the community should also be

        18       thanked.

        19                  But with all due respect, we

        20       wouldn't be here if it weren't for Monique

        21       Dixon and Diana Reyes, because they have

        22       become a vocal voice for the silent mothers

        23       who have lost children in the past.  And to

        24       me, nothing can be worse than losing a child.

        25       They have shown the depth of a mother's love



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         1       for a child, by taking a tragedy and turning

         2       it into a positive result.

         3                  Many mothers have suffered similar

         4       tragedies.  But we know that drinking and

         5       driving is a recipe for disaster.  And

         6       Ms. Dixon has been able to channel her grief

         7       and her anger in a constructive manner, with

         8       positive results.

         9                  Monique Dixon vowed to change the

        10       law so that other mothers would not have to

        11       experience her anguish.  In a little more than

        12       six months, they have accomplished the

        13       impossible.

        14                  The editorial writers love to say

        15       that we're dysfunctional, that we can't do

        16       something.  Well, I must say, we finally got

        17       it right.  We finally got it right in the

        18       Legislature.  And I hope that this is a

        19       harbinger of what's going to happen in the

        20       future.

        21                  We thank you, my friends, my

        22       constituents, for what you have done.  And

        23       this really is only the beginning of your

        24       fight.  I know that you're not going to rest

        25       once this bill is signed into law.  There are



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         1       many other things that you're going to do.

         2       And we thank you for being the conscience of

         3       the Legislature on this issue.  You have

         4       spoken so eloquently and so effectively, and

         5       we are so grateful for everything that you

         6       have done.

         7                  And lastly, I can't help but think

         8       back to what happened yesterday, during the

         9       tribute to Pat McGee.  So many people stood

        10       and said, "I never had a chance to say

        11       goodbye."  And I think that was telling of

        12       what happens up here.  So let us, when we

        13       leave here today, remember to say goodbye to

        14       our friends.

        15                  And to Monique and to Diana, we

        16       thank you very, very much for all you have

        17       done, but also for everything that you're

        18       going to do in the future.

        19                  ACTING PRESIDENT MEIER:    Senator

        20       Stavisky will be recorded in the affirmative.

        21                  Senator Golden, to explain his

        22       vote.

        23                  SENATOR GOLDEN:    Thank you,

        24       Acting President.

        25                  I too rise to congratulate Serph



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         1       Maltese today, and the Senate for passing this

         2       bill today, and to congratulate Monique Dixon.

         3       Even though it's a sad day, losing your son,

         4       it is a great day for your son, for Angel

         5       Reyes, for all of the children of this great

         6       state.

         7                  There isn't a week that goes by

         8       that we don't open up the newspapers and we

         9       see somebody with a hit-and-run, somebody with

        10       a DWI, somebody killing another child in this

        11       city and state.  It's wrong.  And this Senate

        12       has passed, in the past three weeks, two laws

        13       that are going to deal with vehicle accidents

        14       and with driving while intoxicated.

        15                  We have a long way to go yet.  In

        16       2002, 1,500 people were killed by car

        17       accidents.  That's leaving the scene, that's

        18       DWI, that's acting while under the influence

        19       of drugs, that's reckless driving, that's --

        20       it's a combination.

        21                  We have to get serious about the

        22       accidents in this state, like we did with the

        23       crime of homicide and criminal crimes in this

        24       city and state.  We dealt with that.  We

        25       brought crime down across this city and state.



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         1       We have to do the same when it comes to

         2       vehicle accidents.

         3                  What percentage, what portion of

         4       those people being killed in this state are

         5       that of people that were drunk that left the

         6       scene of an accident and killed a child?  Next

         7       week, I guarantee you we open up the Post or

         8       the Daily News and you will see another child

         9       killed, and the week after that, another

        10       person run down, and another week after that,

        11       another person run down.  We have to get

        12       serious.

        13                  And I congratulate this Senate, all

        14       of us in the Assembly and the Senate, for

        15       passing these two bills, but we've got a long

        16       way to go yet in bringing traffic accidents

        17       down and dealing with this with a

        18       comprehensive approach.  This is two of the

        19       five-point plan that the Governor had.  We

        20       have to continue the other three points, and

        21       we have to go further to make sure that we

        22       start saving lives here in this great, great

        23       state.

        24                  So I thank you again, Monique, and

        25       I thank Diane for being here today, and the 60



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         1       or 70 kids that you brought with you yesterday

         2       to make your point.  Congratulations, and God

         3       bless Vasean.

         4                  And I vote yes.  Thank you.

         5                  ACTING PRESIDENT MEIER:    Senator

         6       Golden will be recorded in the affirmative.

         7                  Senator Malcolm Smith, to explain

         8       his vote.

         9                  SENATOR MALCOLM SMITH:    Thank you

        10       very much, Mr. President.

        11                  And to Diane and Monique, I am

        12       sorry that you have to visit our chambers on

        13       this particular day and be acquainted with all

        14       of these members because of the tragedy that

        15       happened to both of your children.

        16                  However, you should rest and know

        17       that something good is coming out of this.

        18       While I know that does very little to support

        19       your heart, I do understand where your

        20       feelings are right now.  Truthfully, to lose a

        21       loved one is probably the most difficult thing

        22       for anyone to have to deal with.

        23                  I am happy to hear, obviously, that

        24       Angel has come out of the coma, and that's a

        25       good thing.  And we're hoping to hear some



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         1       good things about him.  Obviously, God is not

         2       through with him and there is more purpose to

         3       his life.

         4                  I will tell you very much so,

         5       Monique, I know how passionate you were about

         6       this.  Even when you were in church, you would

         7       make sure to try to lobby for this.  And you

         8       saw here, with Senator Maltese and Senator

         9       Toby Stavisky, exactly what can happen in

        10       government when everybody is focused on making

        11       the right thing happen.

        12                  You should know that your

        13       commitment and your tenacity pushed this thing

        14       through for the last month or so, as you were

        15       up here and we saw you in the hallway and you

        16       were talking to everybody.  And I know how you

        17       grabbed me by my neck a few times when we were

        18       in the hallway.  That was a good thing, for

        19       both of you.  And I love you both for that.

        20                  But please know that our prayers

        21       are going to be with each and every one of you

        22       for now and forever.  And as this day passes,

        23       you know, as they say in the Bible, that, you

        24       know, weeping may endure for a night, but joy

        25       comes in the morning.  And the joy that you



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         1       have this morning is knowing that we are all

         2       here supporting a bill that is a tribute to

         3       both of your children.  But also know that the

         4       joy that you have this morning is that our

         5       prayers are going to be with you forever, and

         6       we love each and every one of you.  God bless.

         7                  And I vote yes.

         8                  ACTING PRESIDENT MEIER:    Senator

         9       Malcolm Smith will be recorded in the

        10       affirmative.

        11                  Senator Ada Smith, to explain her

        12       vote.

        13                  SENATOR ADA SMITH:    Thank you,

        14       Mr. President.

        15                  I too would like to pay homage to

        16       my colleagues Senator Maltese and Senator Toby

        17       Stavisky, and to thank them.  But most of all,

        18       to Monique and Diana.

        19                  And Monique, this is a very hard

        20       time because it is the week of Mother's Day.

        21       But think of it as your beautiful son looking

        22       down upon you giving you a gift of strength.

        23       May your strength continue.  May you continue

        24       to push each and every one of us.

        25                  And when you look upon Angel, think



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         1       of him as being a reward for still being here,

         2       and continue to give him the love and the

         3       caring that he will need to go forward in

         4       life.

         5                  And I want to add my thanks to you

         6       for your diligence.  And I look forward to

         7       working with you in any way possible to

         8       further those bills that we need to put

         9       forward so that young people will be safe in

        10       the streets of our city.

        11                  Once again, thank you.  And I vote

        12       yes.

        13                  ACTING PRESIDENT MEIER:    Senator

        14       Ada Smith will be recorded in the affirmative.

        15                  The Secretary will announce the

        16       results.

        17                  THE SECRETARY:    Ayes, 59.

        18                  ACTING PRESIDENT MEIER:    The bill

        19       is passed.

        20                  Senator Bruno, that completes the

        21       noncontroversial reading of the calendar.

        22                  SENATOR BRUNO:    Mr. President,

        23       can we at this time take up the controversial

        24       reading of the calendar.

        25                  ACTING PRESIDENT MEIER:    The



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         1       Secretary will conduct the controversial

         2       reading of the calendar.

         3                  THE SECRETARY:    Calendar Number

         4       597, substituted earlier today by Member of

         5       the Assembly Silver, Assembly Print Number 2,

         6       Concurrent Resolution of the Senate and

         7       Assembly proposing amendments to Articles IV

         8       and VII of the Constitution.

         9                  ACTING PRESIDENT MEIER:    Members

        10       are asked to come into the chamber and take

        11       their seats.

        12                  The Secretary will ring the bells.

        13                  The resolution is before the house.

        14                  Senator Schneiderman.

        15                  SENATOR SCHNEIDERMAN:    Yes, thank

        16       you, Mr. President.  On the bill -- on the

        17       resolution, excuse me.

        18                  We have two budget reform

        19       resolutions before us today.  I will be

        20       opposing the resolution that is before us now

        21       and supporting the second resolution.

        22                  I think that since this resolution

        23       was first passed, a lot has happened.  The

        24       Silver v. Pataki decision was handed down, and

        25       the Legislature demonstrated this year that



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         1       even under the current system, in the wake of

         2       the Silver v. Pataki decision, we can get our

         3       job done, we can pass an on-time budget.

         4                  This resolution provides for a

         5       contingency budget, changes the budget process

         6       in several ways that I feel actually would be

         7       a detriment to moving forward as we all want

         8       to in this house to pass budgets as quickly as

         9       possible every year and to replicate our

        10       success this year.

        11                  It might be one thing if we only

        12       had one option to change the budget process,

        13       but there is a far superior bill on the

        14       calendar today, a far superior resolution on

        15       the calendar today, Senate 3195, that has

        16       already passed the Assembly, that surgically

        17       addresses the issues raised in the Silver v. 

        18       Pataki decision, that changes the most

        19       offensive part of that decision, from my point

        20       of view as a legislator, which is allowing the

        21       Governor to avoid his responsibility to change

        22       the law through independent pieces of

        23       legislation and to put language that changes

        24       the law into appropriations.

        25                  This current resolution I think



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         1       monkeys with the process in a way that is not

         2       necessarily productive.  There's a big

         3       downside to a contingency budget.  It gives

         4       the power of delay to whichever house,

         5       whichever party to the negotiations wants to

         6       delay.  And I think it would be a mistake to

         7       pass it given the history of the last year,

         8       given the Silver v. Pataki decision, and given

         9       the fact that we now have a far better bill

        10       before us.

        11                  So I'm going to vote no on this

        12       bill and encourage everyone to vote yes on the

        13       next bill, Senate 3195.  I think that that

        14       legislation, if you examine it, is the

        15       surgical strike to deal with the balance of

        16       power issues raised in Silver v. Pataki.  This

        17       bill changes things that don't necessarily

        18       solve the problem and could in fact make it

        19       far worse.

        20                  Thank you, Mr. President.

        21                  ACTING PRESIDENT MEIER:    Senator

        22       Bruno, to close.

        23                  SENATOR BRUNO:    Mr. President --

        24       and thank you, Senator Schneiderman.

        25                  We gave first passage to this



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         1       budget reform.  And second passage allows this

         2       issue to go before the public in a referendum

         3       in November.  That's what it does.

         4                  The Assembly passed this, I

         5       believe, in January.  So all we're talking

         6       about here is second passage, take a

         7       referendum and let the people decide whether

         8       or not they want this form of budget reform

         9       put in place so that we will have a budget on

        10       a date certain.

        11                  This year we did some extraordinary

        12       things.  There's no assurance we'll be able to

        13       do those same extraordinary things next year.

        14       This, with public approval, gives us some

        15       assurances.

        16                  So I would encourage my colleagues

        17       to vote for second passage and give the

        18       constituency of this state an opportunity to

        19       vote on true reform, budget reform.

        20                  ACTING PRESIDENT MEIER:    On the

        21       concurrent resolution, the Secretary will call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT MEIER:    Senator

        25       Oppenheimer, to explain her vote.



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         1                  SENATOR OPPENHEIMER:    Yes.  I'm

         2       going to be voting for this, because I was on

         3       the budget reform conference committee that

         4       proposed this.  And I feel that it is

         5       something that should be supported.

         6                  But I have to put a big "but" in

         7       here.  If we are not going to override in the

         8       long run the Governor's veto of the

         9       implementing legislation, I see no value in

        10       going to the hard work that we all are going

        11       to do to try and pass this constitutional

        12       amendment.

        13                  So I think -- I think I would have

        14       to feel -- I mean, I am going to vote for it.

        15       But I would feel so much more comfortable if I

        16       knew that we were going to stand together and

        17       override the Governor's veto of the

        18       implementing legislation, which in a way is

        19       absolutely required for Section 1 through 35

        20       and also Section 38.  So that's useless if we

        21       don't have the override.

        22                  I'm voting yes.

        23                  ACTING PRESIDENT MEIER:    Senator

        24       Oppenheimer will be recorded in the

        25       affirmative.



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         1                  Senator Volker, to explain his

         2       vote.

         3                  SENATOR VOLKER:    Mr. President,

         4       I -- you know, one of the Governor's people I

         5       ran into this morning said:  "Don't hurt us

         6       too bad."  I said, "Well, I'm not going to

         7       hurt you bad at all."

         8                  I understand, by the way, if I'm

         9       even thinking about being Governor, I would

        10       oppose this.  That's why I think the Attorney

        11       General doesn't like this.

        12                  But, ladies and gentlemen of the

        13       Senate, a main reason why we have been late

        14       for 20 years has to do with the total erosion

        15       by the Court of Appeals of this house's power

        16       to deal with budgets.

        17                  This is not an issue, by the way, a

        18       Republican and Democrat issue.  This is an

        19       issue that involves the right of the people of

        20       this state to make a decision on whether we

        21       should be able to run a democratically -- and

        22       by democratic, I'm talking about a democracy

        23       type of system.

        24                  This is what this is all about.

        25       When it goes on the ballot, we should be out



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         1       there making sure that the people understand

         2       that when they vote for us, that they are

         3       voting for us to handle the budget in an equal

         4       manner.  And that's what this is really all

         5       about.

         6                  So not only am I voting yes, I'm

         7       urging all my colleagues to look at this as

         8       something that is important for all of us as

         9       democratically elected legislators.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       Volker will be recorded in the affirmative.

        12                  Senator Bonacic, to explain his

        13       vote.

        14                  SENATOR BONACIC:    Thank you, Mr.

        15       President.

        16                  I'm voting yes on this

        17       constitutional change.  I'm very disappointed

        18       for any member in this chamber who's voting

        19       no, considering how most of the members voted

        20       on the first constitutional passage.  I think

        21       it was unanimous.

        22                  What has happened between the first

        23       vote and now?  I think the mandate that we all

        24       heard in the last election was loud and clear.

        25       It was bipartisan.  From Democratic



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         1       constituents, Republican constituents, and

         2       everybody in between:  We're sick and tired of

         3       late budgets.

         4                  This constitutional amendment is a

         5       statutory trigger that will automatically

         6       mandate timely budgets.  And for anyone that

         7       votes no on this resolution is saying to the

         8       public:  We really don't want timely budgets

         9       and, number two, we don't even want to hear

        10       your vote on a referendum in November of

        11       whether or not you want timely budgets.

        12                  Thank you, Mr. President.

        13                  ACTING PRESIDENT MEIER:    Senator

        14       Bonacic will be recorded in the affirmative.

        15                  Announce the results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 597 are

        18       Senators Breslin, Duane, Gonzalez,

        19       Hassell-Thompson, L. Krueger, Montgomery,

        20       Parker, Savino, Schneiderman, Serrano,

        21       A. Smith and Stavisky.

        22                  Ayes, 47.  Nays, 12.

        23                  Absent from voting on Calendar

        24       Number 597, Senator Connor.

        25                  ACTING PRESIDENT MEIER:    The



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         1       concurrent resolution is adopted.

         2                  THE SECRETARY:    Calendar Number

         3       609, by Senator Spano, Senate Print 3195,

         4       Concurrent Resolution of the Senate and

         5       Assembly proposing amendments to Article VII

         6       of the Constitution.

         7                  ACTING PRESIDENT MEIER:    Senator

         8       Schneiderman.

         9                  SENATOR SCHNEIDERMAN:    I would

        10       like to quote the words of the great Ron

        11       Stafford:  This is a good bill.

        12                  Thank you, Mr. President.

        13                  (Laughter.)

        14                  ACTING PRESIDENT MEIER:    Senator,

        15       Senator Stafford would have called it a

        16       resolution, but it was close enough.

        17                  (Laughter.)

        18                  ACTING PRESIDENT MEIER:    Senator

        19       Liz Krueger.

        20                  SENATOR LIZ KRUEGER:    Thank you,

        21       Mr. President.  On the bill.

        22                  Excuse me, on the resolution.

        23       Thank you, Senator Gonzalez.

        24                  So we do have two before us today,

        25       and I'd like to start with my support for this



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         1       bill by pointing out where I disagree with my

         2       colleague Senator Bonacic.

         3                  Why could we not vote for S1 this

         4       year when we voted for it last year?  And I

         5       think the answer is that because some things

         6       have changed.  In fact, since then we have had

         7       a legal decision, Silver v. Pataki, through

         8       the Court of Appeals, which clarified the role

         9       of the Governor and the Legislature in the

        10       budget.

        11                  And I think institutionally for the

        12       Legislature, both parties, both houses, we

        13       didn't like that decision.  But it did clarify

        14       some of the debates within the existing

        15       constitution and the fight at hand between

        16       what we can do to reform the budget.

        17                  I also think that Senator Bonacic

        18       is right; we have heard from voters.  They

        19       demand better of us.  They want on-time

        20       budgets.  They want good budgets.  They want

        21       reform in Albany.  And I would like to give

        22       them all of that.

        23                  But I think it is reasonable to say

        24       that in a year since we had the budget

        25       conference committee, and we passed S1



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         1       originally in both houses, that we have become

         2       more educated about what we can and cannot do

         3       with reforming the budget in a way that meets

         4       our obligations to our voters.

         5                  And so I'm perfectly comfortable

         6       standing here today saying that while I voted

         7       for S1 last year, I realized during that time,

         8       because it was open to sunshine and public

         9       discussion, and we've heard from our

        10       constituents, we've heard from the Court of

        11       Appeals, we've heard from newspapers and

        12       editorial boards, we've had open

        13       discussions -- at least I have, with public

        14       forums in my own district about what our

        15       constituents or my constituents want -- that

        16       it's okay to say that that was a try but

        17       perhaps not the best we could do.

        18                  And that in fact I also believe

        19       that the bill we're now discussing, A4630,

        20       Silver, and 3195 here in the Senate, is a

        21       better attempt.

        22                  And you are right when you point

        23       out, and I think Senator Bruno did, that S1

        24       would go to the voters this November and this

        25       constitutional amendment couldn't possibly go



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         1       to the voters until as early as 2007.

         2                  I do think it's important to get it

         3       right when you're changing the Constitution of

         4       the State of New York and just not say it was

         5       the best you could do at one moment in time.

         6       Although I do believe this will go, this will

         7       pass -- excuse me, S1 passed, and it will go

         8       to a referendum of the voters this year, and

         9       we'll see, we'll see whether the voters say

        10       this was good enough for us.

        11                  But I see no problem with our

        12       reflecting back that maybe it wasn't good

        13       enough, that maybe this version is better.  I

        14       have real concerns about the contingency

        15       budget model in S1, as I did last year, even

        16       though I voted for the bill and raised

        17       concerns about the bill last year.

        18                  I would argue that this bill also

        19       doesn't complete the task of reforming the

        20       budget process.  And I wish that the bill

        21       we're now discussing also included, in

        22       addition to the improved changes for the

        23       constitution, I wish that this bill included a

        24       requirement that budget bills be on our desks

        25       at least 10 days before we pass them.



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         1                  Because, let's face it, it is the

         2       most important bill or group of bills we pass

         3       each year, and there should be a healthy

         4       amount of time for the public and for

         5       legislators to know what are in those bills

         6       before we vote on them.

         7                  I wish that this bill did include a

         8       structure for an independent budget office,

         9       because I do think that is an important entity

        10       for us to create in the state that assure that

        11       we actually have valid, nonpolitically-biased

        12       numbers on revenue coming into the State of

        13       New York each year.

        14                  I do wish that we had more detail

        15       in this bill about the necessity to itemize

        16       and detail the appropriations items in the

        17       budget in simple English language.

        18                  I do wish that this constitutional

        19       amendment required that we follow standardized

        20       government accounting procedures.  It is

        21       infuriating, as a resident of New York City,

        22       that I know that my city budget must follow

        23       standard accounting procedures, on orders from

        24       the State of New York, but that the state's

        25       own budget doesn't have to follow those rules.



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         1       I think that's an appropriate issue for a

         2       constitutional amendment.

         3                  I wish that we had standing budget

         4       committees on an ongoing, formal way with

         5       conference committees.  Not because it was a

         6       popular idea this year and so we did them but

         7       no guarantee we'll continue to do them.

         8                  I wish that we had to itemize out,

         9       under the constitution, reappropriations and

        10       off-budget items so that we had a full and

        11       clear understanding, and our constituents did,

        12       of all the dollars in the budget.

        13                  So even the bill I'm about to

        14       support I don't believe is a perfect bill.  I

        15       actually think we could do even better as we

        16       move forward.

        17                  So I will be voting for this bill

        18       today.  I hope my colleagues will.  And I

        19       think that technically our constituents may

        20       have two bites at the apple when it comes to

        21       referendum votes over the next few years.  And

        22       that the time in between will give us an

        23       opportunity to better explain to the people of

        24       New York what goes into and makes a good

        25       budget, not just an on-time budget, and that



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         1       we have a lot of lifting to do to explain to

         2       constituents the technical differences between

         3       differing constitutional amendment proposals.

         4                  So I will be voting yes.

         5                  Thank you very much, Mr. President.

         6                  ACTING PRESIDENT MEIER:    Does any

         7       other Senator wish to be heard on the

         8       resolution?

         9                  Then the debate is closed.

        10                  Senators are asked to be in their

        11       seats for a vote.

        12                  The Secretary will ring the bell.

        13                  On the concurrent resolution, the

        14       Secretary will call the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 60.

        17                  ACTING PRESIDENT MEIER:    The

        18       concurrent resolution is adopted.

        19                  Senator Bruno, that completes the

        20       controversial reading of the calendar.

        21                  Senator Bruno.

        22                  SENATOR BRUNO:    Mr. President, I

        23       would suggest that we stand in recess in the

        24       Senate for 20 minutes and return at twenty

        25       after 1:00, back in session, and would ask our



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         1       conference to join in our conference room

         2       immediately upon recess.

         3                  And would suggest we recognize

         4       Senator Gonzalez.

         5                  ACTING PRESIDENT MEIER:    Senator

         6       Gonzalez.

         7                  SENATOR GONZALEZ:    Mr. President,

         8       there will be an immediate meeting of the

         9       Minority Conference in Room 314.

        10                  ACTING PRESIDENT MEIER:

        11       Immediate meeting of the Majority in the

        12       Majority Conference Room.

        13                  Immediate meeting of the Minority

        14       in the Minority Conference Room.

        15                  The Senate stands in recess until

        16       1:20 p.m.

        17                  (Whereupon, the Senate stood in

        18       recess at 1:00 p.m.)

        19                  (Whereupon, the Senate reconvened

        20       at 2:31 p.m.)

        21                  SENATOR SKELOS:    Mr. President.

        22                  ACTING PRESIDENT ROBACH:    Senator

        23       Skelos.

        24                  SENATOR SKELOS:    Mr. President,

        25       if we could return to motions and resolutions,



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         1       I believe Senator Libous has a motion to make.

         2                  ACTING PRESIDENT ROBACH:    Senator

         3       Libous.

         4                  SENATOR LIBOUS:    Thank you, Mr.

         5       President.

         6                  Mr. President, on behalf of Senator

         7       Spano, I wish to call up his bill, Senate

         8       Print 3195, which is now at the desk.

         9                  ACTING PRESIDENT ROBACH:    The

        10       Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       609, by Senator Spano, Senate Print 3195,

        13       Concurrent Resolution of the Senate and

        14       Assembly.

        15                  SENATOR LIBOUS:    Mr. President, I

        16       now move to reconsider the vote by which this

        17       bill was passed and ask that the said bill be

        18       restored to its place on the Third Reading

        19       Calendar.

        20                  ACTING PRESIDENT ROBACH:    The

        21       Secretary will call the roll on

        22       reconsideration.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 60.

        25                  ACTING PRESIDENT ROBACH:    Senator



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         1       Libous.

         2                  SENATOR LIBOUS:    Mr. President, I

         3       move to discharge this bill from the Committee

         4       on Finance, Assembly Print Number 4630, and

         5       substitute it for the identical bill.

         6                  ACTING PRESIDENT ROBACH:

         7       Substitution ordered.

         8                  SENATOR LIBOUS:    I now move that

         9       the bill be restored to the Third Reading

        10       Calendar.

        11                  ACTING PRESIDENT ROBACH:    So

        12       ordered.

        13                  The Secretary will read Calendar

        14       609.

        15                  THE SECRETARY:    Calendar Number

        16       609, by Member of the Assembly Silver,

        17       Assembly Print Number 4630, Concurrent

        18       Resolution of the Senate and Assembly.

        19                  ACTING PRESIDENT ROBACH:    Call

        20       the roll on the resolution.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT ROBACH:    The

        24       resolution is adopted.

        25                  Senator Skelos.



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         1                  SENATOR SKELOS:    Mr. President, I

         2       believe there's a resolution at the desk by

         3       Senator Leibell.  I ask that the title be read

         4       and move for its immediate adoption.

         5                  ACTING PRESIDENT ROBACH:    The

         6       Secretary will read.

         7                  THE SECRETARY:    By Senator

         8       Leibell, Legislative Resolution Number 1695,

         9       honoring Joel Seligman upon being named the

        10       Mount Kisco Chamber of Commerce's 2005 Citizen

        11       of the Year.

        12                  ACTING PRESIDENT ROBACH:    All

        13       those in favor of the resolution signify by

        14       saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT ROBACH:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT ROBACH:    The

        20       resolution is adopted.

        21                  Senator Skelos.

        22                  SENATOR SKELOS:    Mr. President,

        23       there being no further business to come before

        24       the Senate, I move we stand adjourned until

        25       Monday, May 9th, at 3:00 p.m., intervening



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         1       days being legislative days.

         2                  ACTING PRESIDENT ROBACH:    On

         3       motion, the Senate stands adjourned until

         4       Monday, May 9th, 3:00 p.m., intervening days

         5       being legislative days.

         6                  (Whereupon, at 2:34 p.m., the

         7       Senate adjourned.)

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