Regular Session - April 30, 2007
2235
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 30, 2007
11 3:12 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR GEORGE H. WINNER, Jr., Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
2236
1 P R O C E E D I N G S
2 ACTING PRESIDENT WINNER: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT WINNER: In the
10 absence of clergy, may we bow our heads in a
11 moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT WINNER: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Sunday, April 29, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 April 28, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT WINNER: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
(518) 371-8910
2237
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 Skelos.
8 SENATOR SKELOS: If you could
9 recognize Senator Nozzolio, please.
10 ACTING PRESIDENT WINNER: Senator
11 Nozzolio.
12 SENATOR NOZZOLIO: Thank you,
13 Mr. President.
14 Amendments are offered to the
15 following Third Reading Calendar bills:
16 Senate Print Number 2695A, page
17 number 25, Calendar Number 390, by Senator
18 Wright;
19 Senate Print Number 1756, Calendar
20 Number 475, page number 29, by Senator Rath;
21 And Senate Print Number 3316,
22 Calendar Number 579, page number 36, by
23 Senator Winner.
24 ACTING PRESIDENT WINNER: Thank
25 you, Senator Nozzolio.
Candyco Transcription Service, Inc.
(518) 371-8910
2238
1 The amendments are received and
2 adopted, and the bills will retain their place
3 on the Third Reading Calendar.
4 SENATOR NOZZOLIO: Thank you,
5 Mr. President.
6 ACTING PRESIDENT WINNER: Senator
7 Bonacic.
8 SENATOR BONACIC: Thank you,
9 Mr. President.
10 This is a motion to amend a bill
11 recalled from the Assembly. On behalf of
12 Senator Volker, I wish to call up Print Number
13 1263, recalled from the Assembly, which is now
14 at the desk.
15 ACTING PRESIDENT WINNER: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 67, by Senator Volker, Senate Print 1263, an
19 act to amend the Penal Law.
20 SENATOR BONACIC: Mr. President,
21 I now move to reconsider the vote by which
22 this bill was passed.
23 ACTING PRESIDENT WINNER: The
24 Secretary will call the roll on
25 reconsideration.
Candyco Transcription Service, Inc.
(518) 371-8910
2239
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 45.
3 SENATOR BONACIC: Mr. President,
4 I now offer the following amendments.
5 ACTING PRESIDENT WINNER: The
6 amendments are received and adopted, and the
7 bill will retain its place on the Third
8 Reading Calendar.
9 Senator Bonacic.
10 SENATOR BONACIC: Second order of
11 business, Mr. President, I wish to call up
12 Senator Volker's bill, Print Number 650,
13 recalled from the Assembly, which is now at
14 the desk.
15 ACTING PRESIDENT WINNER: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 36, by Senator Volker, Senate Print 650, an
19 act to amend the Mental Hygiene Law and
20 others.
21 SENATOR BONACIC: Mr. President,
22 I move to reconsider the vote by which this
23 bill was passed and ask that the bill be
24 restored to the order of third reading.
25 ACTING PRESIDENT WINNER: Call
Candyco Transcription Service, Inc.
(518) 371-8910
2240
1 the roll on reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 49.
4 SENATOR BONACIC: Mr. President,
5 I now move to recommit Senate Print Number
6 650, Calendar Number 36 on the order of the
7 Third Reading Calendar, to the Committee on
8 Mental Health and Developmental Disabilities,
9 with instructions to that committee to strike
10 out the enacting clause.
11 ACTING PRESIDENT WINNER: So
12 ordered.
13 SENATOR BONACIC: Thank you,
14 Mr. President.
15 ACTING PRESIDENT WINNER: Thank
16 you, Senator Bonacic.
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 there will be an immediate meeting of the
20 Judiciary Committee in the Majority Conference
21 Room. And the Senate will stand at ease.
22 ACTING PRESIDENT WINNER: The
23 Senate stands at ease.
24 (Whereupon, the Senate stood at
25 ease at 3:16 p.m.)
Candyco Transcription Service, Inc.
(518) 371-8910
2241
1 (Whereupon, the Senate reconvened
2 at 3:24 p.m.)
3 ACTING PRESIDENT NOZZOLIO:
4 Senator Skelos.
5 SENATOR SKELOS: Mr. President,
6 there will be an immediate meeting of the
7 Rules Committee in the Majority Conference
8 Room, and we'll stand at ease pending the
9 return of the Rules report.
10 ACTING PRESIDENT NOZZOLIO: There
11 will be an immediate meeting of the Rules
12 Committee in the Senate Majority Conference
13 Room.
14 The Senate will stand at ease.
15 (Whereupon, the Senate stood at
16 ease at 3:25 p.m.)
17 (Whereupon, the Senate reconvened
18 at 3:28 p.m.)
19 SENATOR SKELOS: Mr. President.
20 ACTING PRESIDENT WINNER: Senator
21 Skelos.
22 SENATOR SKELOS: If we could
23 return to reports of standing committees, I
24 believe there's a Rules report at the desk. I
25 ask that it be read at this time.
Candyco Transcription Service, Inc.
(518) 371-8910
2242
1 ACTING PRESIDENT WINNER: Reports
2 of standing committees.
3 The Secretary will read.
4 THE SECRETARY: Senator Bruno,
5 from the Committee on Rules, reports the
6 following bill:
7 Senate Print 5313, by Senator
8 DeFrancisco, an act to amend the Judiciary
9 Law.
10 ACTING PRESIDENT WINNER: Senator
11 Skelos.
12 SENATOR SKELOS: Move to accept
13 the report of the Rules Committee.
14 ACTING PRESIDENT WINNER: All
15 those in favor of accepting the Rules
16 Committee report signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT WINNER:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT WINNER: The
22 Rules Committee report is accepted.
23 SENATOR SKELOS: Mr. President.
24 ACTING PRESIDENT WINNER: Senator
25 Skelos.
Candyco Transcription Service, Inc.
(518) 371-8910
2243
1 SENATOR SKELOS: There's a
2 resolution at the desk by Senator Maziarz. If
3 we could have it read in its entirety and move
4 for its immediate adoption.
5 ACTING PRESIDENT WINNER: The
6 Secretary will read.
7 Can we have some order in the
8 chamber, please.
9 THE SECRETARY: By Senator
10 Maziarz, Legislative Resolution Number 1793,
11 honoring Theresa Hallatt upon the occasion of
12 her coronation as Miss Teenager of New York
13 State 2006.
14 "WHEREAS, It is the sense of this
15 Legislative Body to act, in accord with its
16 long-standing traditions, honoring the youth
17 of today and leaders of tomorrow whose
18 character and achievements best exemplify the
19 ideals and values cherished by this great
20 state and nation; and
21 "WHEREAS, Theresa Hallatt, a young
22 woman of singular distinction, has so
23 eminently distinguished herself as a young
24 woman of superlative ability, talent and
25 maturity, establishing a standard of
Candyco Transcription Service, Inc.
(518) 371-8910
2244
1 excellence and purposefulness of life rarely
2 achieved in youthful years; and
3 "WHEREAS, This Legislative Body is
4 justly proud to honor Theresa Hallatt upon the
5 occasion of her coronation as Miss Teenager of
6 New York State 2006 --
7 ACTING PRESIDENT WINNER: Excuse
8 me.
9 Can we have some order in the
10 chamber.
11 THE SECRETARY: "And WHEREAS,
12 This Legislative Body is justly proud to honor
13 Theresa Hallatt upon the occasion of her
14 coronation as Miss Teenager of New York State
15 2006 at a pageant held in Norwich, New York,
16 on August 19, 2006; and
17 "WHEREAS, A senior at Spencerport
18 High School, Theresa Hallatt is an honors
19 student who loves participating in French
20 Club. In fact, her winning speech was about
21 her trip to France and London with the
22 school's French Club for spring break last
23 year; and
24 "WHEREAS, Besides learning about
25 European cultures, Theresa Hallatt also enjoys
Candyco Transcription Service, Inc.
(518) 371-8910
2245
1 making jewelry and competing in the All
2 American Soap Box Derby. She holds two
3 championships in derby racing: 2004 Stock
4 West Champion and 2006 Super Stock West
5 Champion. While competing in the World
6 Championship of the All American Soap Box
7 Derby, she placed 48th in the world; and
8 "WHEREAS, With her new title,
9 Theresa Hallatt has developed a platform
10 through the Crisis Nursery of Rochester, an
11 organization that helps take care of babies
12 and children that need a place to stay; and
13 "WHEREAS, In addition, Theresa
14 Hallatt volunteers with Operation Christmas
15 Child, a Christian relief organization that
16 helps gather boxes full of gifts and
17 necessities for less fortunate children around
18 the world; and
19 "WHEREAS, Upon graduation, Theresa
20 Hallatt aspires to attend medical school and
21 follow her dream of becoming an
22 anesthesiologist; and
23 "WHEREAS, Through her active
24 involvement in the community and her sincere
25 dedication to children, Theresa Hallatt is a
Candyco Transcription Service, Inc.
(518) 371-8910
2246
1 role model for her peers; and
2 "WHEREAS, She best exemplifies the
3 best potential in our most precious resource,
4 our youth. She has brought enduring honor to
5 her family and her community through her many
6 achievements; and
7 "WHEREAS, This Legislative Body is
8 moved to honor Theresa Hallatt, recognizing
9 the value of her labors and the promise of her
10 future; now, therefore, be it
11 "RESOLVED, That this Legislative
12 Body pause in its deliberations to honor
13 Theresa Hallatt upon the occasion of her
14 coronation as Miss Teenager of New York State
15 2006; and be it further
16 "RESOLVED, That a copy of this
17 resolution, suitably engrossed, be transmitted
18 to Theresa Hallatt."
19 ACTING PRESIDENT WINNER: Senator
20 Maziarz.
21 SENATOR MAZIARZ: Thank you very
22 much, Mr. President.
23 I too want to join and introduce my
24 colleagues to Theresa, Ms. Teenager of
25 New York State, from Spencerport in Monroe
Candyco Transcription Service, Inc.
(518) 371-8910
2247
1 County. You heard all about Theresa and her
2 fine accomplishments.
3 You know, all too often in this
4 state and in this nation we read newspaper
5 articles about high schoolers, teenagers who
6 are doing bad things. And here we have an
7 example, a statewide example -- although I'm
8 proud for my district -- who shows the
9 overwhelming majority of great kids that we
10 have in the great school systems that we have
11 throughout New York State.
12 And the Secretary read all the
13 accomplishments of Theresa at the very young
14 age of 17. But one of the things that I
15 wanted to specifically mention was this Crisis
16 Nursery of Rochester.
17 This is an institution -- a home,
18 really -- where police officers go to a home
19 and, you know, many times it's a domestic
20 violence situation and one parent goes off to
21 jail, the other parent may go off to the
22 hospital. Where do the kids go?
23 And one retired police officer was
24 in this situation one time on Christmas Eve,
25 and there was really no place to take very
Candyco Transcription Service, Inc.
(518) 371-8910
2248
1 young children. And this police officer, when
2 she retired, formed this Crisis Nursery of
3 Rochester. And now when there's a situation
4 like this and the police officers have no
5 place to take the kids, they take them to this
6 nursery, which is suitable for young children.
7 It's a great haven for young children.
8 Theresa volunteers to help that
9 Crisis Nursery, and she's a great example for
10 other young people throughout this state.
11 Theresa is joined here today by her
12 parents. Congratulations to you, Theresa.
13 You're a great example for high schoolers all
14 across New York. Thank you for being here.
15 ACTING PRESIDENT WINNER: Thank
16 you, Senator Maziarz.
17 Senator Nozzolio, on the
18 resolution.
19 SENATOR NOZZOLIO: Thank you,
20 Mr. President. On the resolution.
21 I rise to congratulate Senator
22 Maziarz for bringing to this house an
23 accomplished young woman.
24 And we from Wayne County -- and by
25 "we," along with Senator Maziarz, myself,
Candyco Transcription Service, Inc.
(518) 371-8910
2249
1 Senators Robach and Alesi -- are very proud of
2 the fact that Theresa hails from Monroe
3 County, was selected to be Miss New York State
4 in a competitive contest where individual
5 young women from all across this state
6 competed. And we're certainly glad that the
7 selection was Theresa, and congratulate her,
8 from Monroe County.
9 And congratulations to her, and we
10 wish her all the best of luck and continued
11 success in her career.
12 And thank you, Senator Maziarz, for
13 the resolution.
14 ACTING PRESIDENT WINNER: Thank
15 you, Senator Nozzolio.
16 The question is on the resolution.
17 All in favor of adopting the resolution
18 signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT WINNER:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT WINNER: The
24 resolution is adopted.
25 Congratulations.
Candyco Transcription Service, Inc.
(518) 371-8910
2250
1 (Applause.)
2 SENATOR SKELOS: Mr. President.
3 ACTING PRESIDENT WINNER: Senator
4 Skelos.
5 SENATOR SKELOS: If we could go
6 to the noncontroversial reading of the
7 calendar.
8 ACTING PRESIDENT WINNER: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 88, by Senator Maziarz, Senate Print 1629, an
12 act to amend the Labor Law, in relation to
13 appointments.
14 ACTING PRESIDENT WINNER: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT WINNER: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 56. Nays,
22 1. Senator Duane recorded in the negative.
23 ACTING PRESIDENT WINNER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
2251
1 122, by Senator Maziarz, Senate Print 1890, an
2 act to amend the Labor Law and the State
3 Finance Law, in relation to the New York State
4 Worker Protection Board.
5 ACTING PRESIDENT WINNER: Read
6 the last section.
7 THE SECRETARY: Section 6. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT WINNER: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56. Nays,
13 1. Senator Duane recorded in the negative.
14 ACTING PRESIDENT WINNER: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 144, by Senator Marcellino, Senate Print 699B,
18 an act to amend the Environmental Conservation
19 Law, in relation to special permits.
20 ACTING PRESIDENT WINNER: Read
21 the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 ACTING PRESIDENT WINNER: Call
25 the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
2252
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT WINNER: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 279, by Senator Seward, Senate Print 1774, an
7 act to amend the Tax Law, in relation to
8 extending.
9 ACTING PRESIDENT WINNER: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT WINNER: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT WINNER: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 313, by Senator Bonacic, Senate Print 1711, an
21 act to amend the Retirement and Social
22 Security Law, in relation to benefits payable.
23 ACTING PRESIDENT WINNER: Read
24 the last section.
25 THE SECRETARY: Section 3. This
Candyco Transcription Service, Inc.
(518) 371-8910
2253
1 act shall take effect on the 90th day.
2 ACTING PRESIDENT WINNER: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 ACTING PRESIDENT WINNER: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 338, by Senator Fuschillo, Senate Print 2969A,
10 an act to amend the General Business Law, in
11 relation to prohibiting.
12 ACTING PRESIDENT WINNER: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of January.
16 ACTING PRESIDENT WINNER: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58.
20 ACTING PRESIDENT WINNER: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 340, by Senator Fuschillo, Senate Print 3555,
24 an act to amend the General Business Law, the
25 Real Property Law, and the Executive Law, in
Candyco Transcription Service, Inc.
(518) 371-8910
2254
1 relation to providing.
2 ACTING PRESIDENT WINNER: Read
3 the last section.
4 THE SECRETARY: Section 7. This
5 act shall take effect immediately.
6 ACTING PRESIDENT WINNER: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 ACTING PRESIDENT WINNER: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 377, by Senator Hassell-Thompson, Senate Print
14 2120, an act to amend the New York City Civil
15 Court Act, in relation to candidates.
16 ACTING PRESIDENT WINNER: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT WINNER: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58.
24 ACTING PRESIDENT WINNER: The
25 bill is passed.
Candyco Transcription Service, Inc.
(518) 371-8910
2255
1 THE SECRETARY: Calendar Number
2 524, by Senator Volker, Senate Print 3566, an
3 act to amend the Criminal Procedure Law, in
4 relation to waiver.
5 ACTING PRESIDENT WINNER: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 30th day.
9 ACTING PRESIDENT WINNER: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 57. Nays,
13 1. Senator Perkins recorded in the negative.
14 ACTING PRESIDENT WINNER: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 529, by Senator Nozzolio, Senate Print 3672,
18 an act to amend the Penal Law, in relation to
19 the definition of dangerous contraband.
20 ACTING PRESIDENT WINNER: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of
24 September.
25 ACTING PRESIDENT WINNER: Call
Candyco Transcription Service, Inc.
(518) 371-8910
2256
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57. Nays,
4 1. Senator Perkins recorded in the negative.
5 ACTING PRESIDENT WINNER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 542, by Senator Little, Senate Print 1104, an
9 act to amend the Tax Law, in relation to
10 extending.
11 ACTING PRESIDENT WINNER: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT WINNER: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 58.
19 ACTING PRESIDENT WINNER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 551, by Senator Larkin, Senate Print 233, an
23 act to amend the Environmental Conservation
24 Law, in relation to deer season.
25 ACTING PRESIDENT WINNER: Read
Candyco Transcription Service, Inc.
(518) 371-8910
2257
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT WINNER: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 551 are
9 Senators Duane, Perkins, Serrano and Seward.
10 Ayes, 54. Nays, 4.
11 ACTING PRESIDENT WINNER: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 554, by Senator Farley, Senate Print 2743, an
15 act to amend the Environmental Conservation
16 Law, in relation to making technical
17 corrections.
18 ACTING PRESIDENT WINNER: Read
19 the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect immediately.
22 ACTING PRESIDENT WINNER: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 58.
Candyco Transcription Service, Inc.
(518) 371-8910
2258
1 ACTING PRESIDENT WINNER: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 555, by Senator Marcellino, Senate Print 2759,
5 an act to amend the Environmental Conservation
6 Law, in relation to protecting information.
7 ACTING PRESIDENT WINNER: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT WINNER: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 555 are
16 Senators Perkins and Serrano.
17 Ayes, 56. Nays, 2.
18 ACTING PRESIDENT WINNER: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 570, by Senator Little, Senate Print 1135, an
22 act to amend the Town Law, in relation to
23 authorizing the designation of hamlets.
24 ACTING PRESIDENT WINNER: Read
25 the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
2259
1 THE SECRETARY: Section 4. This
2 act shall take effect immediately.
3 ACTING PRESIDENT WINNER: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 58.
7 ACTING PRESIDENT WINNER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 585, by Senator Golden, Senate Print 4156, an
11 act to amend Chapter 465 of the Laws of 1994,
12 amending Chapter 285 of the Laws of 1891.
13 ACTING PRESIDENT WINNER: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT WINNER: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 58.
21 ACTING PRESIDENT WINNER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 591, by Senator Wright, Senate Print 3752A, an
25 act to amend the Mental Hygiene Law, in
Candyco Transcription Service, Inc.
(518) 371-8910
2260
1 relation to providing.
2 ACTING PRESIDENT WINNER: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the same date and in
6 the same manner as Chapter 7 of the Laws of
7 2007.
8 ACTING PRESIDENT WINNER: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 ACTING PRESIDENT WINNER: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 592, by Senator Morahan, Senate Print --
16 SENATOR BRUNO: Lay it aside for
17 the day.
18 ACTING PRESIDENT WINNER: The
19 bill is laid aside for the day.
20 THE SECRETARY: Calendar Number
21 593, by Senator Morahan, Senate Print 4006, an
22 act to amend the Mental Hygiene Law, in
23 relation to disclosure.
24 ACTING PRESIDENT WINNER: Read
25 the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
2261
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT WINNER: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 58.
7 ACTING PRESIDENT WINNER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 596, by Senator Little, Senate Print 2793A, an
11 act to amend the Education Law, in relation to
12 continuing education.
13 ACTING PRESIDENT WINNER: Read
14 the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the first of January.
17 ACTING PRESIDENT WINNER: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 58.
21 ACTING PRESIDENT WINNER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 598, by Senator LaValle, Senate Print 3673, an
25 act to amend the Education Law, in relation to
Candyco Transcription Service, Inc.
(518) 371-8910
2262
1 volunteer recruitment.
2 ACTING PRESIDENT WINNER: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT WINNER: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 ACTING PRESIDENT WINNER: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 712, by Senator DeFrancisco, Senate Print --
14 SENATOR BRUNO: Lay it aside.
15 ACTING PRESIDENT WINNER: The
16 bill is laid aside.
17 Senator Bruno, that completes the
18 reading of the noncontroversial calendar.
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President,
21 can we at this time take up the controversial
22 calendar.
23 ACTING PRESIDENT WINNER: The
24 Secretary will ring the bell.
25 Calendar Number 712, the Secretary
Candyco Transcription Service, Inc.
(518) 371-8910
2263
1 will read.
2 THE SECRETARY: Calendar Number
3 712, by Senator DeFrancisco, Senate Print
4 5313, an act to amend the Judiciary Law.
5 ACTING PRESIDENT WINNER: Senator
6 Bruno.
7 SENATOR BRUNO: Mr. President and
8 colleagues, I want to commend Judge Kaye for
9 forwarding or supporting the piece of
10 legislation that's before us now.
11 And I want to commend Senator John
12 DeFrancisco, who has been in a leadership
13 position, recognizing how important it is that
14 we recognize the service of judges in this
15 state, who have been lagging for years in
16 terms of any escalation at all in their pay.
17 And the bill that the Chief Judge
18 had constructed also includes a commission, as
19 you all know, that addresses statewide
20 offices, commissioners and the Legislature,
21 and has an automatic COLA in it.
22 I'd like to just read a sentence
23 from the support memo of the League of Women
24 Voters. It says: "Compensation decisions for
25 the three branches of government must stand on
Candyco Transcription Service, Inc.
(518) 371-8910
2264
1 their own merit, not linked to other policy or
2 political debates of the day, and must be
3 objective, transparent, and nonpartisan."
4 Now, that really says it all.
5 Senator Smith, when I look at the
6 bill, there are, I believe, 62 Senators on
7 this bill. Sixty-two Senators. All of the
8 members in this chamber Thursday supported the
9 legislation that is on the floor.
10 I would expect that, as sponsors,
11 that we would be passing this unanimously and
12 forwarding it to the Assembly for their
13 appropriate action. And I would also expect
14 that this not be linked to other issues like
15 campaign finance reform or you name whatever
16 other issue anybody wants to support.
17 Thank you very much. League of
18 Women Voters. I want you all to get a copy of
19 this. It says: "Importantly, this
20 legislation would also depoliticize pay raises
21 and prevent any Governor from extorting
22 favored legislation from the Legislature in
23 return for pay raises."
24 Question. Question. Would Senator
25 Smith stand for a question?
Candyco Transcription Service, Inc.
(518) 371-8910
2265
1 ACTING PRESIDENT WINNER: Senator
2 Bruno, are you asking Senator Smith to yield?
3 SENATOR BRUNO: I've got the
4 floor. Why would I ask him to yield?
5 (Laughter.)
6 SENATOR BRUNO: He doesn't have
7 to yield. He hasn't spoken on the bill.
8 Sorry, Mr. President.
9 I'm asking if he would stand for a
10 question.
11 ACTING PRESIDENT WINNER: Senator
12 Smith, would you yield to a question from
13 Senator Bruno?
14 SENATOR SMITH: Yes.
15 SENATOR BRUNO: Thank you,
16 Senator Smith. You're very, very congenial,
17 and you're very informed, and I would like to
18 ask you one basic, simple question.
19 SENATOR SMITH: Yes, sir.
20 SENATOR BRUNO: Are you going to
21 support the legislation that you have led your
22 conference to sponsor on the floor today? And
23 if not, why not?
24 SENATOR SMITH: No, I am not
25 going to support the bill today, as we have
Candyco Transcription Service, Inc.
(518) 371-8910
2266
1 discussed earlier.
2 As many members know, from the day
3 that I was elected the Minority Leader, I was
4 the first one who took a tremendous amount of
5 bullets from all of the press because my first
6 act, my first statement after being elected as
7 Minority Leader was that the members deserve a
8 pay raise.
9 Many people have said that Albany
10 is dysfunctional and until we clean up the
11 members that are here, that they don't deserve
12 to get a pay raise.
13 Well, my argument was Albany -- the
14 members are not dysfunctional. Maybe the
15 process. Maybe the system. Maybe the lack of
16 rules reform that we have asked for, that
17 Senator Paterson asked for, that Marty Connor
18 asked for over the years as leaders -- that
19 needs to be changed.
20 Bringing bills to the floor,
21 bringing bills out of committee, equality of
22 resources, as Senator Bonacic has put a bill
23 forward as well as Senator Griffo talked about
24 resources being equal to everybody. That has
25 always been asked for, and that was something
Candyco Transcription Service, Inc.
(518) 371-8910
2267
1 that I agreed with and I still agree with
2 today. Those are the kind of things that make
3 the system that is broken here.
4 Now, I say that all to say that I
5 am absolutely, positively in support of pay
6 raises and equity pay raises for members as
7 well as judges. However, you know and each
8 one of the members know that over the last
9 several years everyone has said to us: You
10 need to make sure you do the proper reforms in
11 Albany so that we, the public, will regain our
12 confidence in our institution.
13 Now, we have probably one of the
14 greatest institutions in this country, the
15 Senate of the State of New York. However, the
16 public has said to us: You know something,
17 Senator Bruno, you know something, Senator
18 Bonacic, you know something, Senator Robach,
19 you know something, Senator Golden? I'm not
20 sure if I have the confidence in what you guys
21 do up in Albany anymore, so what I would like
22 is for you to make some changes.
23 Which we did. We did the ethics
24 bill, which was a sign of reform. We did what
25 people fought about, which was civil
Candyco Transcription Service, Inc.
(518) 371-8910
2268
1 confinement, which we did. Which was reform.
2 ACTING PRESIDENT WINNER: Senator
3 DeFrancisco, why do you rise?
4 SENATOR DeFRANCISCO: I just had
5 a question for Senator Smith if he'd respond,
6 please.
7 ACTING PRESIDENT WINNER: Senator
8 DeFrancisco, we're a little off track here.
9 But Senator Bruno really has the floor. He
10 asked Senator Smith to yield for a question,
11 and Senator Smith is now responding. And
12 we're trying to get this thing back into order
13 here.
14 SENATOR BRUNO: I'm almost sorry
15 that I asked.
16 (Laughter.)
17 SENATOR SMITH: Thank you,
18 Senator. I appreciate you allowing me to
19 complete my statement.
20 So civil confinement, along with
21 ethics, we did. We reformed. We have a
22 campaign finance bill, along with other
23 priorities, Article 10 siting, public
24 authorities. There are some things that as a
25 conference, as a body, we need to make sure we
Candyco Transcription Service, Inc.
(518) 371-8910
2269
1 get done before we tell the public we are
2 interested in satisfying our own personal
3 interests.
4 Now, I'm for pay raises. I believe
5 we deserve that. But I also want to make sure
6 when I go back to my neighborhood I can say,
7 to the people in my district: I've made sure
8 I rebuilt your confidence in our body before I
9 took care of myself.
10 I just believe if we pay ourselves
11 or put a commission in place and tell the
12 public we are more interested in taking care
13 of ourselves as opposed to taking care of
14 making sure their belief in us is rebuilt, I
15 think that is a problem.
16 ACTING PRESIDENT WINNER: Senator
17 Bruno.
18 SENATOR BRUNO: Thank you,
19 Senator Smith, for that very lengthy and
20 exhaustive explanation.
21 One more question, short question,
22 short answer, if you would indulge me.
23 SENATOR SMITH: Must I guarantee
24 a short answer?
25 SENATOR BRUNO: Yes.
Candyco Transcription Service, Inc.
(518) 371-8910
2270
1 SENATOR SMITH: Yes, I do yield
2 to the question.
3 SENATOR BRUNO: And I just will
4 again refer to the League of Women Voters,
5 nonpartisan, objective, bipartisan. They
6 refer to this as an outstanding reform, part
7 of the reforms of the Legislature.
8 What happened from Thursday and
9 Friday when we talked about you and your
10 conference supporting this unanimously and
11 this moment? What happened in your life?
12 SENATOR SMITH: In my life? I
13 lost my last golf round.
14 (Laughter.)
15 SENATOR BRUNO: Why have you, as
16 relates to your position -- something
17 happened --
18 SENATOR SMITH: Yes. Yes.
19 SENATOR BRUNO: -- from Thursday
20 and Friday when we talked --
21 SENATOR SMITH: Yes. Yes.
22 SENATOR BRUNO: -- to this
23 moment. What happened? I didn't --
24 SENATOR SMITH: You didn't let me
25 answer the question.
Candyco Transcription Service, Inc.
(518) 371-8910
2271
1 SENATOR BRUNO: -- hear the
2 sounds of a steamroller, but maybe I missed
3 it.
4 (Reaction from the floor.)
5 SENATOR SMITH: What's with the
6 peanut gallery over here?
7 (Laughter.)
8 ACTING PRESIDENT WINNER: Senator
9 Smith, do you wish to be heard on the bill?
10 SENATOR SMITH: No, I would like
11 to answer the question. I will answer the
12 question.
13 Nothing. You said be short.
14 ACTING PRESIDENT WINNER: Senator
15 Smith, are you asking Senator Bruno to yield?
16 SENATOR SMITH: No, I answered
17 the question.
18 SENATOR BRUNO: Thank you,
19 Senator Smith, for that very direct answer.
20 Thank you, Mr. President.
21 ACTING PRESIDENT WINNER: Senator
22 DeFrancisco.
23 SENATOR DeFRANCISCO: You know,
24 it's really a shame that this topic is being
25 responded to with levity, because it's a very,
Candyco Transcription Service, Inc.
(518) 371-8910
2272
1 very serious issue that I've worked on for a
2 long time.
3 And I think the most important part
4 of this bill is that the bill presents a new
5 process on how these decisions are made. It
6 is unseemly for judges to come to the
7 Legislature on bended knee to try to get pay
8 raises and they don't happen for nine or ten
9 years simply because there's other issues that
10 are tied into them.
11 It's the same thing with executive
12 branch members or legislators. Every year
13 it's a political football. What chip are you
14 going to play in the unending poker game of
15 state government? And that is the most
16 ridiculous way to resolve these issues.
17 Last year when Judge Kaye came out
18 with a bill almost identical to this one, you
19 know, it was really a breath of fresh air.
20 Because there's independent commissions in the
21 future making these decisions after the judges
22 get their pay raise this year that they truly
23 deserve. And then forever, there will never
24 be this debate again. As the League of Women
25 Voters said, the issue will be determined on
Candyco Transcription Service, Inc.
(518) 371-8910
2273
1 its merits by an independent group. Reform.
2 True reform. And it protects the separation
3 between the governmental units.
4 Now, everyone here has their own
5 points of view on life. But if anyone for one
6 moment believes that nothing happened between
7 Friday, when everyone's name was on this bill,
8 till today, they're either naive or not being
9 honest with themselves. And it's pretty
10 obvious what happened just from the press
11 release from Senator Smith.
12 That's not the way an independent
13 branch of government works. And I know there
14 are many colleagues on the other side of the
15 aisle -- probably most, if not all, would love
16 to stand up and vote for this bill. You know
17 why? Because it's the right thing to do.
18 And speaking for reform that we
19 need before we do reform is amazing. We got
20 to do more reform before we do this reform.
21 Well, ladies and gentlemen, I would
22 urge you that you look at your consciences
23 here, tell, if you're really being honest with
24 yourselves, whether you believe that this is a
25 bill that should be voted for, and vote for
Candyco Transcription Service, Inc.
(518) 371-8910
2274
1 the bill so there's a reasonable chance we
2 could get this through the Assembly, who also
3 was in favor of it up till Friday, and nothing
4 happened to them between Friday and now.
5 We need a vote here not only to
6 change the judges' structure of salaries but
7 also to change a process, reform a process.
8 Please take the politics out, which apparently
9 is what everyone wants to have happen, and
10 vote on the merits of this bill. Just like
11 future raises will be voted on by the merits
12 by people looking at objective standards.
13 So I urge all of you to join with
14 us in this bill and support it today.
15 Thank you.
16 ACTING PRESIDENT WINNER: Thank
17 you, Senator DeFrancisco.
18 Senator Diaz.
19 SENATOR DIAZ: Thank you,
20 Mr. President.
21 When I was a member of the New York
22 City Council, my salary was $90,000 a year.
23 And I was the chairman of the Aging Committee,
24 so I had an extra $10,000. So I used to make
25 $100,000 as a City Council member.
Candyco Transcription Service, Inc.
(518) 371-8910
2275
1 And I decided to get a cut in
2 salary to come here to the Senate. Because I
3 am not an elected official to make money, I am
4 an elected official to make a statement, to
5 make statements, and to do what I believe and
6 to do what I think is right for the community.
7 So I have an office with four staff
8 members. People say that we are part-time.
9 My staff, my office receives every single day,
10 Senator Bruno, from 25, 30, and 40
11 constituents. My staff come to the work at
12 9 o'clock in the morning, and sometimes at
13 12 midnight they're still in the street, in
14 different meetings.
15 And I'm not ashamed to say that I
16 deserve a raise, because I work for it,
17 full-time. This Saturday I left my home and
18 my wife at 8 o'clock in the morning, and I
19 came home at 11 o'clock at night. I'm a
20 full-time worker. And my community and the
21 people in the 32nd Senatorial District that I
22 represent know me and know that I work, that I
23 am always in my office.
24 So I'm not ashamed to say that I
25 don't care what the -- oh, what is the press
Candyco Transcription Service, Inc.
(518) 371-8910
2276
1 going to say? Let the press say whatever they
2 want to say.
3 And I also believe that the judges
4 deserve a salary increase. But I also believe
5 that the Governor, if he wants to have a
6 reform, financial reform on us, he should also
7 have a reform on himself. I just read this
8 week, this week I read in the New York Post
9 that the Governor is asking some people for
10 over a million dollars, and he will -- they
11 will get some access.
12 So a millionaire, the mayor of the
13 city or a millionaire, they could pay for
14 their own campaign. We black and Hispanic
15 minorities, we will not be even able to
16 compete with them in campaigns.
17 So that's the issue. Financial
18 campaign reform has nothing to do with this.
19 I will vote for financial campaign reform when
20 the Governor puts a limit on how much the rich
21 people could put out from their pocket. As
22 long as rich people could put all the money
23 they want, there will be no financial campaign
24 reforms.
25 So, Senator Bruno, I am supporting
Candyco Transcription Service, Inc.
(518) 371-8910
2277
1 your bill and I'm voting for that bill.
2 Because I deserve a raise, because I work for
3 it. And my constituents know that I work for
4 it. And not only me, I also want an increase
5 for my staff and for all the staff that work
6 so hard. They deserve also an increase in
7 salary, because they do work and they are
8 there day and night. And nobody cares about
9 the staff members.
10 So I'm telling you, for my staff,
11 all of you Senators here, let's not only get
12 an increase for us, let's also consider our
13 staff members. They deserve an increase in
14 salary too.
15 So, ladies and gentlemen, I'm
16 proud, I'm proud to support this bill.
17 Because I work for it. And that is my job, is
18 my constituents. It has nothing to do with
19 financial reform.
20 So thank you very much.
21 ACTING PRESIDENT WINNER: Thank
22 you, Senator Diaz.
23 Senator Thompson.
24 SENATOR THOMPSON: Yes,
25 Mr. President, I rise in opposition to this
Candyco Transcription Service, Inc.
(518) 371-8910
2278
1 bill for a couple of quick reasons.
2 One, as a new member of the Senate,
3 I believe that this is the wrong time to link
4 these two very important issues together.
5 The best man at my wedding, who is
6 also one of my best friends, Judge Craig
7 Hannah, who was just elected to City Court in
8 Buffalo -- a very good friend of mine, we've
9 been friends for over 20 years -- would be
10 affected by this bill. And I have a number of
11 friends that would be affected by the bill as
12 judges.
13 I believe that they should be
14 separate and that the commission should be a
15 separate item. They should not be linked
16 together.
17 I also believe that the fact that
18 the City of Buffalo, the workers -- police
19 officers, firefighters, teachers, street and
20 sanitation workers, laborers in the City of
21 Buffalo have not had a raise in five years.
22 You have the Erie County Control Board that's
23 been in existence for about two years.
24 Workers in Western New York are
25 suffering. So I can't in good conscience vote
Candyco Transcription Service, Inc.
(518) 371-8910
2279
1 for myself or anyone else a raise at this
2 point when the workers in Western New York
3 have not had a raise in five years. And so I
4 think it would send a terrible message for me,
5 as a lawmaker from Western New York, which is
6 economically suffering from the last
7 twenty-plus years, and vote for a pay raise at
8 this point in time.
9 The other thing I think is
10 important is Albany needs an extreme makeover.
11 Yes, there's been some reforms --
12 ACTING PRESIDENT WINNER: Senator
13 Padavan.
14 SENATOR THOMPSON: -- there's
15 been some changes, but I also believe that we
16 need to continue --
17 ACTING PRESIDENT WINNER: Senator
18 Thompson, excuse me.
19 Senator Padavan, why do you rise?
20 SENATOR PADAVAN: Yes. Would the
21 Senator yield to a question?
22 ACTING PRESIDENT WINNER: Senator
23 Thompson, do you yield to Senator Padavan?
24 SENATOR THOMPSON: Yes,
25 absolutely.
Candyco Transcription Service, Inc.
(518) 371-8910
2280
1 ACTING PRESIDENT WINNER: The
2 Senator yields.
3 SENATOR PADAVAN: Senator, with
4 all due respect to the concerns you have, and
5 I'm sure they're valid ones with regard to the
6 workers in Western New York, you made two
7 statements. One, that you could not vote for
8 this bill in good conscience, for it was a
9 bill for a raise for yourself.
10 I correct you in the latter case.
11 It's not a raise for yourself. It's not a
12 raise for anybody. It's establishing a
13 commission.
14 But my question to you is your
15 conscience, which of course is important to
16 you and important to everybody --
17 SENATOR THOMPSON: Absolutely.
18 SENATOR PADAVAN: -- why did your
19 conscience allow you to be a sponsor of this
20 bill?
21 SENATOR THOMPSON: Sir, as you
22 may know, we get information on a regular
23 basis. And when I found out the exact content
24 of the bill, I was in complete opposition.
25 And I've been extremely upset. No
Candyco Transcription Service, Inc.
(518) 371-8910
2281
1 reporter called me. I know that the reporters
2 in Western New York called a number of the
3 members of the Western New York Senate
4 delegation. And if I would have received a
5 call over this weekend, I would clearly have
6 told them that I was in opposition to this
7 bill.
8 I have a bill in the Senate right
9 now to lift the wage freeze for the City of
10 Buffalo if they meet certain criteria. If you
11 help to lift the wage freeze for the City of
12 Buffalo, I would gladly support a pay raise.
13 But I cannot, with -- firefighters,
14 police officers, teachers, street sanitation
15 workers, people who fill the potholes have not
16 received a pay raise in five years. How can I
17 in good conscience support this when these
18 same people from AFSCME, CSEA, the police
19 officers, Local 282 firefighters -- they
20 supported me, and they sent me here for one
21 thing, to make sure that we lift the wage
22 freeze. And we have not done that. And I
23 don't support this bill.
24 Thank you.
25 ACTING PRESIDENT WINNER: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
2282
1 DeFrancisco, why do you rise?
2 SENATOR DeFRANCISCO: I request
3 that he yield for a question.
4 SENATOR THOMPSON: Yes, sir.
5 ACTING PRESIDENT WINNER: Senator
6 Thompson yields.
7 SENATOR DeFRANCISCO: So is it
8 true that you're saying before giving your
9 name as a sponsor to this bill, you didn't
10 read it?
11 SENATOR THOMPSON: What I am
12 saying to you, sir --
13 SENATOR DeFRANCISCO: It's
14 simple.
15 SENATOR THOMPSON: Excuse me?
16 Repeat your question.
17 SENATOR DeFRANCISCO: Are you
18 saying -- it's a very simple question -- that
19 before you agreed to cosponsor this bill you
20 did not read it?
21 SENATOR THOMPSON: I did not
22 receive the information.
23 SENATOR DeFRANCISCO: You did not
24 read it.
25 SENATOR THOMPSON: I did not
Candyco Transcription Service, Inc.
(518) 371-8910
2283
1 receive the information.
2 SENATOR DeFRANCISCO: Okay. One
3 other question. Would he yield?
4 ACTING PRESIDENT WINNER: Senator
5 DeFrancisco asks you to yield, Senator
6 Thompson.
7 SENATOR THOMPSON: Yes.
8 ACTING PRESIDENT WINNER: Senator
9 Thompson yields.
10 SENATOR THOMPSON: I had a budget
11 memo, like many other people receive a budget
12 when you're asked to sponsor any bill. Did I
13 receive the complete bill? No, I did not.
14 But when I -- if you send me a bill
15 and say "Senator Thompson, would you support a
16 bill," I get a budget memo. And if I believe
17 with the majority of the context of the budget
18 memo, generally I will support the bill.
19 SENATOR DeFRANCISCO: Would you
20 yield to another question?
21 SENATOR THOMPSON: Sure.
22 Certainly.
23 SENATOR DeFRANCISCO: Senator
24 Thompson, are you saying that you were
25 expecting a budget bill after the budget is
Candyco Transcription Service, Inc.
(518) 371-8910
2284
1 done?
2 SENATOR THOMPSON: Excuse me?
3 SENATOR DeFRANCISCO: Are you
4 suggesting you were waiting for the budget
5 bill after the budget has been passed?
6 SENATOR THOMPSON: No, I didn't
7 say that.
8 SENATOR DeFRANCISCO: One other
9 question. Would you yield?
10 ACTING PRESIDENT WINNER: Will
11 the Senator yield?
12 SENATOR THOMPSON: Sure.
13 Certainly.
14 SENATOR DeFRANCISCO: You had
15 indicated that this bill should be separated
16 from the judges; correct?
17 SENATOR THOMPSON: I said the
18 commission on salaries for legislators should
19 be separated from the judicial pay raises.
20 Yes, I did say that.
21 SENATOR DeFRANCISCO: Would you
22 yield to another question?
23 SENATOR THOMPSON: Yes, sir.
24 SENATOR DeFRANCISCO: Would you
25 tell me whether or not, if they were
Candyco Transcription Service, Inc.
(518) 371-8910
2285
1 separated, you would vote for a judicial pay
2 raise?
3 SENATOR THOMPSON: Depending on
4 whether or not the issue with the -- the other
5 control board issue is resolved.
6 SENATOR DeFRANCISCO: The issue
7 with Buffalo?
8 SENATOR THOMPSON: Yes. Which
9 has been clocked in with the clerk, which has
10 not been afforded the go-to out of committee
11 yet.
12 SENATOR DeFRANCISCO: Thank you.
13 SENATOR THOMPSON: Thank you.
14 ACTING PRESIDENT WINNER: Senator
15 Saland.
16 SENATOR SALAND: Thank you,
17 Mr. President.
18 Mr. President, in looking at this
19 bill, I just wanted to make sure I counted the
20 number of names on the bill. There were some
21 62 names on the bill, one for each member of
22 this chamber. And the bill is dated
23 April 25th. And that bill, as has been
24 pointed out, was seemingly embraced fully by
25 every member of this chamber. And something
Candyco Transcription Service, Inc.
(518) 371-8910
2286
1 between the time every member of this chamber
2 agreed to be a sponsor and this moment in time
3 that places us in this chamber happened.
4 And I think we all have an idea of
5 what it was that happened. And I'm sure
6 there's a significant amount of pain being
7 experienced by some of my colleagues who saw
8 fit to put their name on this bill and have
9 now seen fit to take their name, in effect,
10 off the bill by voting against the very bill
11 that they had agreed to sponsor.
12 I can understand the need at times
13 to work with the Governor of your own party.
14 But I can also understand, every bit more
15 importantly, the importance to assert your
16 independence as a legislative body. And we
17 have had these battles on more than one
18 coalition with the prior Governor, who was of
19 the party of this Majority.
20 And I found interesting and
21 commented during the course of the debate that
22 we had on the Governor's healthcare proposal
23 how the very same proposal, virtually the same
24 proposal, had been with virtual unanimity
25 rejected by our friends on the other side of
Candyco Transcription Service, Inc.
(518) 371-8910
2287
1 the aisle. And yet the fact that this
2 Governor had made it very important that there
3 be compliance with his wishes, that that
4 somehow or other created certainly, if not an
5 intellectual metamorphosis, what I will call
6 politely a political metamorphosis.
7 The last time I checked, and it's
8 been a long time since I've dusted off my
9 history books as a former history major, we
10 rejected the monarchy, I think, in 1776. And
11 General George Washington was offered the
12 monarchy, and he declined the monarchy simply
13 because he didn't think that that was the
14 appropriate thing for this nation to embrace.
15 And it would be a sad commentary
16 when one got up in the morning, looked in the
17 mirror, the Executive of this state spoke to
18 himself in the mirror, made all the decisions
19 in the mirror, and then decided that we would
20 all march forward in lockstep, much as we
21 would were we mindless, willy-nilly little
22 puppets on the strings of a marionette master.
23 So the issue really transcends this
24 particular bill, because nobody who's a member
25 of this Legislature is getting a raise
Candyco Transcription Service, Inc.
(518) 371-8910
2288
1 pursuant to this bill. This bill establishes
2 a process, in conjunction with what very
3 importantly is a process sought by the Chief
4 Judge of the Court of Appeals.
5 And it may well be that come 2009,
6 some of us will not be here. Some of it may
7 be because we failed the electorate test.
8 Some of it may be because we've decided to go
9 other places.
10 So it's a sham to say that this is
11 about the issue of you must have more reform
12 because this isn't reform enough to get there.
13 Let us face the stark reality and acknowledge
14 there are some very sore arms.
15 I noticed when the Minority Leader
16 was speaking, he was using his right arm only,
17 with his left arm in his pocket. I was
18 fearful that his left arm was broken. I
19 really wasn't quite sure. But I later saw him
20 withdraw it from his pocket, so I assumed that
21 in fact there was no gross physical injury to
22 whatever transpired to create this enormous
23 metamorphosis.
24 I think, ladies and gentlemen, it
25 really is a matter of pride as a member of the
Candyco Transcription Service, Inc.
(518) 371-8910
2289
1 Legislature -- notwithstanding the issue that
2 may be contained in this particular measure,
3 all the merits that it may offer us -- I think
4 it's a matter of pride of an independent
5 Legislature that we refuse to be bullied that
6 requires us to vote in favor of this bill.
7 Thank you, Mr. President.
8 ACTING PRESIDENT WINNER: Thank
9 you, Senator Saland.
10 Are there any other Senators
11 wishing to be heard?
12 The debate is closed.
13 The Secretary will ring the bell.
14 Senator Bruno.
15 SENATOR BRUNO: Mr. President,
16 can we at this time read the last section and
17 then start calling the roll? Because there
18 may be members that want to explain their
19 vote, and it will give us a chance to get the
20 other members to the chamber.
21 ACTING PRESIDENT WINNER: Thank
22 you, Senator Bruno.
23 SENATOR BRUNO: Thank you.
24 ACTING PRESIDENT WINNER: Read
25 the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
2290
1 THE SECRETARY: Section 9. This
2 act shall take effect immediately.
3 ACTING PRESIDENT WINNER: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT WINNER: Senator
7 Diaz, to explain his vote.
8 SENATOR DIAZ: Thank you, sir.
9 I'm voting yes --
10 ACTING PRESIDENT WINNER: Excuse
11 me, Senator. Would you suffer an
12 interruption?
13 Would the negative votes please
14 kindly keep your hands raise raised so that we
15 can get an accurate count. Thank you.
16 Senator Diaz, sorry.
17 SENATOR DIAZ: Yes, I'm voting
18 yes on this bill.
19 And I also would like to remind my
20 colleagues that it isn't fair to subject the
21 judges to any more because of this game that
22 we're playing here. I mean, the judges in the
23 county of the Bronx work very hard, they are
24 hard-working people who work real hard. I
25 think that that's a county, as in Manhattan
Candyco Transcription Service, Inc.
(518) 371-8910
2291
1 and Brooklyn, that judges are so busy, they
2 are so busy in those counties that they
3 deserve those increases.
4 And I think that we should vote yes
5 and give them those increases. And if any
6 legislator here feels ashamed because they
7 don't deserve it because they're not in their
8 office and don't work and the committee never
9 see them, that's their problem. But we have
10 nothing to feel ashamed of. And the judges
11 are waiting for us to move on this today.
12 Thank you, sir.
13 ACTING PRESIDENT WINNER: Senator
14 Diaz is voting in the affirmative.
15 Senator Connor.
16 SENATOR CONNOR: Thank you,
17 Mr. President.
18 I feel, in my 30th session,
19 obligated to explain my vote. Although
20 frankly, to me, it's inexplicable. This is
21 the fourth time I'm voting no on a bill I
22 think is a good one and I cosponsored.
23 And I can't quite explain it. I
24 look around and think maybe my boyhood dream
25 has come true. When I was ten, I wanted to
Candyco Transcription Service, Inc.
(518) 371-8910
2292
1 run away and join the circus.
2 (Laughter.)
3 SENATOR CONNOR: And be that as
4 it may, I vote no.
5 ACTING PRESIDENT WINNER: Senator
6 Connor will be recorded in the negative.
7 Senator Larkin.
8 SENATOR LARKIN: Thank you,
9 Mr. President.
10 I'm shocked as I look to my left
11 today. I had a bill that was sent to me on
12 Thursday, and it said all of my colleagues
13 were going to respond positively to all of the
14 judges' requirements. I called judges that
15 had called me, and I said: Colleagues on the
16 left and the right got together and said
17 you'll have a pay raise, you'll do this,
18 you'll do that.
19 And then today I got this notice
20 from Senator Smith that, well, all wasn't
21 cozy. They were not going to sign on with the
22 GOP.
23 Now, you know what I was thinking
24 about? If I was a grammar school teacher, I
25 would wonder what I'm going to tell the kids
Candyco Transcription Service, Inc.
(518) 371-8910
2293
1 today. On Wednesday, we're all together. On
2 Monday, somebody gave us a lollipop and we
3 were going to suck on the lollipop and be
4 very, very nice. And that was our reward for
5 reneging on our promise to those who have been
6 communicating to us for over a year.
7 I think that this is crazy. I
8 spent 23 years of my life in the military.
9 And those who have been associated with it,
10 including our leader, always knew that an
11 officer's word was his bond.
12 Every one of you took an oath of
13 office, and what you said when you went on
14 that bill last week was that I will uphold my
15 responsibilities and I will commit to do A, B,
16 C.
17 And then this morning it was dark
18 out, it was raining a little bit. And what
19 did we find out? You can't be trusted. And
20 if I offend you, that's your problem, not
21 mine. But you said on Wednesday I will be a
22 sponsor and I agree with A, B, C, D, all of
23 it.
24 And, Senator Thompson, when you
25 said you didn't know it was a pay bill and
Candyco Transcription Service, Inc.
(518) 371-8910
2294
1 that your people haven't had a raise in five
2 years? We've had one raise in 19. You ought
3 to have somebody check it for you.
4 I think this is a shame. You might
5 think it's easy, you might -- I didn't
6 interrupt you, Senator Smith. I don't think
7 it's courtesy to interrupt my by talking to
8 the Majority Leader at this time.
9 SENATOR SMITH: Yes, sir.
10 SENATOR LARKIN: I just think
11 that what we're saying here is that we can't
12 be trusted, we have no self-respect, I will do
13 whatever the Governor tells me to do.
14 I remember just last year this side
15 of the aisle would say: "Oh, you're doing it
16 for Pataki." You have no idea how many times
17 we whacked what Governor Pataki wanted because
18 it wasn't in the best interests of the people
19 of the State of New York.
20 I'm sick and tired of getting
21 letters from judges and judges telling me you
22 don't understand the cost of living, this,
23 this, this. Well, you just had a chance. If
24 it ever comes up again, I don't know if I'll
25 vote for it.
Candyco Transcription Service, Inc.
(518) 371-8910
2295
1 But I'm going to tell every judge
2 back home that the League of Women Voters said
3 this is a good bill, it resolves the issues
4 that we've dealt with. And when they say
5 something, what happened, I'm going to tell
6 them to call the Minority Leader or to call
7 the Governor.
8 Because someone on Wednesday was a
9 trusted friend of the people of the State of
10 New York, and on Monday there's a question
11 about who can be trusted.
12 ACTING PRESIDENT WINNER: Senator
13 Larkin will be recorded in the affirmative.
14 SENATOR LARKIN: Yes, sir.
15 ACTING PRESIDENT WINNER: Senator
16 Skelos.
17 SENATOR SKELOS: Thank you,
18 Mr. President.
19 I'm going to support this
20 legislation. And I want to thank the sponsor,
21 Senator DeFrancisco, the chairman of
22 Judiciary, who has worked with Chief Judge
23 Kaye really for months, if not more, to bring
24 this legislation that has been recommended by
25 the Chief Judge of the State of New York, to
Candyco Transcription Service, Inc.
(518) 371-8910
2296
1 bring it to the floor for a vote.
2 And I want to thank Senator Bruno
3 also. Because we talk about reform, and this
4 legislation is probably one of the most
5 important reform measures that we can bring to
6 the floor because, number one, it truly makes
7 our judiciary independent. We take the
8 judiciary and the money that they make out of
9 our politics up here that exists from time to
10 time -- this takes it out of our politics and
11 makes them truly independent.
12 And as was mentioned by Senator
13 Bruno, Senator DeFrancisco, Senator Saland,
14 this is not an automatic pay raise for the
15 Legislature. This is a bipartisan,
16 independent commission that will make
17 recommendations -- yes, about the Legislature,
18 but also in terms of the entire legislative
19 branch.
20 Now, my colleagues in the Minority
21 all signed on to this bill. My guess is by
22 voting no, they want to go back to the old
23 way: Voting after an election -- when the
24 people have reelected them and they've gone
25 out and said "I'll never support a pay raise,"
Candyco Transcription Service, Inc.
(518) 371-8910
2297
1 that they'll vote for it after an election.
2 The old way.
3 This is a great reform measure, an
4 incredibly important reform measure. But
5 right now, from my good friends on the other
6 side of the aisle, I just see hypocrisy. And
7 unfortunately, there is an awful lot of
8 hypocrisy right now in Albany.
9 You know, we have a Governor who's
10 talking about campaign finance reform. And I
11 have invites here for a million dollars:
12 Bundle your money, give it to me. A million
13 dollars so I can go to a barbecue, so I can go
14 to a holiday party with his family. And on
15 and on, depending on the amount. Absolute
16 hypocrisy.
17 And then we have the budget
18 process, where our good friends on the other
19 side of the aisle said -- and over the years,
20 it's different members; they're not here right
21 now, Senator Krueger -- "I will never vote for
22 a message of necessity, it's the wrong way to
23 go."
24 And many of my colleagues here on
25 the other side of the aisle signed a petition
Candyco Transcription Service, Inc.
(518) 371-8910
2298
1 by the Citizens Action Committee, I think it
2 is, that they will not support messages of
3 necessity.
4 What did they do during the budget
5 process? The Governor said, "You're going to
6 support my message of necessity." They did.
7 They voted for his draconian cuts to our
8 healthcare system.
9 And then when the Senate saved them
10 from themselves and protected our nursing
11 homes and our hospitals so that we can get
12 quality care, what did they do? They voted
13 for it. And I guarantee you press releases
14 went out how they saved the hospitals and the
15 nursing homes.
16 And they voted against school aid
17 increases throughout the state. And what did
18 they do? I'm sure put out press releases,
19 when the Senate Majority corrected the
20 inequities of the Governor, and said we were
21 there, we did it.
22 So I would hope -- because there's
23 still time to change your vote. Be
24 independent. Don't be mice. Be independent.
25 Vote your conscience because you know it's the
Candyco Transcription Service, Inc.
(518) 371-8910
2299
1 right thing to do. You know it's the right
2 thing to do to support this commission. So
3 please. We have a little bit more time.
4 Please, reach inside of you, find your
5 conscience, find your pride, do the right
6 thing. Be reformers and support this
7 legislation.
8 Mr. President, I'm going to vote
9 aye on this legislation.
10 ACTING PRESIDENT WINNER: Senator
11 Skelos will be recorded in the affirmative.
12 Senator Parker.
13 SENATOR PARKER: To explain my
14 vote.
15 ACTING PRESIDENT WINNER: Senator
16 Parker, to explain his vote.
17 SENATOR PARKER: First,
18 Mr. President, let me thank Senator Skelos for
19 his great revisionist history. And it's nice
20 to have a perspective on history and what has
21 happened here.
22 The reality is that we're in the
23 business of government, where the process is
24 as important as the outcome. It is not
25 simply -- the ends don't necessarily always
Candyco Transcription Service, Inc.
(518) 371-8910
2300
1 justify the means. And so it's important that
2 when we do things, that we look at how we're
3 doing things.
4 The reality is this conference has
5 been at the forefront of reform for at least
6 the four years that I've been here, for at
7 least that time. And all the things that
8 we're doing now that we have been partnering
9 with the Governor on doing, they're finally
10 coming to the fore because we finally have
11 another partner in government who understands
12 how important reform is.
13 And, frankly, because you lost some
14 seats based on the fact that your conference
15 did not understand what reform was. And
16 because, when you went to Nassau and tried to
17 fight Craig Johnson, who was a real candidate
18 for reform, why he's a member of the Senate
19 and your candidate wasn't.
20 The reality is we have been here on
21 these issues year after year after year. And
22 when it came to campaign finance reform, we
23 were there. When we talked about how we
24 reformed the rules in this body. When we
25 talked about how you in fact need to look at
Candyco Transcription Service, Inc.
(518) 371-8910
2301
1 lobbyists and the influence that lobbyists
2 have on this body and the government, we were
3 there.
4 And go check the record. You can
5 check newspaper records, you can check bills,
6 you can look at our petitions to discharge
7 bills out of this actual body that your
8 conference voted against.
9 And this is another example when
10 we're saying put the process first. There are
11 people -- our constituents do not trust us.
12 Why? Because year after year after year, bad
13 process and bad bills have come out of this
14 Legislature.
15 This is an opportunity for us to do
16 what we need to do which is right. And not
17 that this is a bad bill. This is a very, very
18 good bill, and nobody in this body is saying
19 it's not. We're simply saying that the
20 process is important. It's important to show
21 people that before we took care of some of the
22 intricate matters, that we took care of the
23 broad scope of campaign finance.
24 I am amazed that nobody in here is
25 appalled by soft money and what effect soft
Candyco Transcription Service, Inc.
(518) 371-8910
2302
1 money has on our elections. I'm appalled that
2 nobody here really is scared to limit their
3 contributions so that we don't have the
4 largest contribution limits in the entire
5 country.
6 It's absolutely ridiculous how much
7 money we spend on campaigns. I frankly would
8 like to spend less time raising money and more
9 time servicing my constituents. Now, that may
10 not be the case for everybody here; let me
11 speak for myself. And so if you want to go
12 around and spend your time raising money
13 instead of bringing back healthcare and
14 education and housing, then you should do
15 that.
16 But I for one want to vote for real
17 reform and have an opportunity to bring a
18 campaign finance bill that's going to have a
19 significant impact on making sure that this
20 government has integrity. That's with an "I",
21 gentlemen and ladies. Integrity. We need to
22 bring that back to this body.
23 And really, by bringing that
24 campaign finance bill to this floor and having
25 an opportunity to vote on that, we're going to
Candyco Transcription Service, Inc.
(518) 371-8910
2303
1 do this.
2 And this bill can always be done.
3 This bill can always be done. I mean, we
4 have, you know, eight weeks left after this
5 week to take care of this. So let's table
6 this now, because being that we have time, we
7 have time to table this right now. Bring the
8 campaign finance bill to the floor. We'll
9 vote on it, pass it, and then we'll pass this
10 bill. In fact, we can do it in the same
11 calendar. And I'm sure if this number came
12 before that number, we'd vote for that and
13 then we'd vote for this.
14 So I applaud your efforts to become
15 reformers. Welcome aboard. And now let's
16 drive on to the future and reform this
17 Legislature the way we need to.
18 I'll be voting in the negative.
19 ACTING PRESIDENT WINNER: Senator
20 Parker in the negative.
21 Senator Alesi.
22 SENATOR ALESI: Thank you,
23 Mr. President. This couldn't be a more timely
24 opportunity for me to speak on this bill and
25 explain my vote.
Candyco Transcription Service, Inc.
(518) 371-8910
2304
1 Senator Parker just said when it
2 was time for this thing, they were there.
3 When it was time for that thing, they were
4 there. When it was time for this thing, they
5 were there. When it was time for that thing,
6 they were there. When it was time to sponsor
7 the bill, they were there. When it was time
8 to vote for the bill, they're on the second
9 floor.
10 (Laughter.)
11 SENATOR ALESI: I know I am,
12 Mr. President and my colleagues. I would just
13 like the record to show that I voted yes
14 before I voted yes.
15 (Laughter.)
16 ACTING PRESIDENT WINNER: Senator
17 Alesi will be recorded in the affirmative.
18 Senator Thompson, to explain his
19 vote.
20 SENATOR THOMPSON: Let me just
21 say, Mr. President, I think you have done a
22 very good job of trying to keep this meeting
23 moving along.
24 But one of the things I think is
25 also important to note is that there are other
Candyco Transcription Service, Inc.
(518) 371-8910
2305
1 things beyond this bill that still need to be
2 changed as well.
3 And so when we talk about looking
4 at groups like the League of Women Voters,
5 they put out an annual legislative guide. And
6 I would just say that the folks across the
7 aisle, as you think about holding up their
8 banner on this issue, why don't we also take a
9 careful and critical look at some of the other
10 issues that they have put forward for many
11 years.
12 And I think that that's something,
13 as we talk about being progressives, we talk
14 about being for reform, I think we ought to
15 take a look at that as well.
16 I am opposed to this bill until we
17 separate them. I do believe -- even though it
18 would be a difficult vote, Senator
19 DeFrancisco, given the fact that we do have a
20 control board in the City of Buffalo and the
21 County of Erie. But I could, under the right
22 circumstances, could see supporting the
23 judicial pay raises.
24 But I cannot support, at this point
25 in time, voting for that commission. I will
Candyco Transcription Service, Inc.
(518) 371-8910
2306
1 not do that under any situation right now.
2 Thank you.
3 ACTING PRESIDENT WINNER: Senator
4 Thompson will be recorded in the negative.
5 Senator Serrano.
6 SENATOR SERRANO: Thank you,
7 Mr. President.
8 I usually don't speak very often on
9 the floor, and all of my colleagues know that.
10 But even I am taken aback at the level of
11 sarcasm that we're hearing from the other
12 side. We're supposed to be adults here and
13 have graduated, I hope, to a level of civility
14 in which we can have a discussion and a
15 disagreement, even, without this level of
16 sarcasm.
17 But I think we should be very
18 clear -- and I want to be very clear -- that,
19 Senator DeFrancisco, I think that this is a
20 good bill. But things have changed in that we
21 have now an opportunity to put forth
22 additional reforms.
23 And this is what the voters have
24 asked for. The voters have said, time and
25 time again, that there are certain items of
Candyco Transcription Service, Inc.
(518) 371-8910
2307
1 reform that need to happen before we move
2 forward with anything else, especially
3 something like pay raises, which I support.
4 So reform first. And I think the
5 Governor is right. And I think for a reformer
6 like myself, having this Governor is in many
7 ways a dream come true, because he's
8 championing the issues that we all care about.
9 So I think that this is really not
10 a level of hypocrisy, but just us taking
11 advantage of an opportunity. And we should
12 always take advantage of an opportunity to put
13 forward additional reform, because the people
14 of New York State have said that they do not
15 believe in this legislative body anymore. And
16 I for one care about the work that I do. And
17 reform first doesn't just help us, it helps
18 all of us on both sides of the aisle.
19 So I would hope that, before we
20 start calling names and engaging in
21 finger-pointing, that we think about the
22 motives behind this and the motives of reform
23 first.
24 Thank you.
25 ACTING PRESIDENT WINNER: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
2308
1 Serrano, how do you vote?
2 SENATOR SERRANO: No.
3 ACTING PRESIDENT WINNER: Senator
4 Serrano will be recorded in the negative.
5 Senator Volker, to explain his
6 vote.
7 SENATOR VOLKER: Mr. President, I
8 usually don't speak on what amounts to a --
9 this is a very political issue here.
10 (Laughter.)
11 SENATOR VOLKER: But I have to
12 say, Senator Parker, I heard the New York
13 Times talk about campaign financing in this
14 state. It's all nonsense. I mean, there are
15 some states don't have any campaign finance
16 laws. We don't have the worst campaign --
17 that's nonsense. It's always been nonsense.
18 In fact, one of the interesting
19 issues about that is it's a question of why
20 certain people are not in the bill, certain
21 groups, while others are. That's the
22 McCain-Feingold problem, and why it's going to
23 probably be thrown out. Because certain
24 groups are included in the -- by the way,
25 they're conservative groups. The liberal
Candyco Transcription Service, Inc.
(518) 371-8910
2309
1 groups are left out there. Isn't that
2 interesting? But that's beside the point.
3 This probably, by itself -- forget
4 all the other collateral stuff -- is the most
5 important reform we will do this year. And we
6 will do it. It will be done before this year
7 is out, I firmly believe.
8 Why? Because for one thing, this
9 Legislature has been caught between judicial
10 hypocrisy and gubernatorial hypocrisy. And
11 I'm not talking about this Governor. I'm
12 talking about the nonsense that's been
13 happening to us in the courts, where our power
14 has been dramatically lessened with case after
15 case that the Court of Appeals has heard. We
16 can't forget that. I can't forget it.
17 And I resent the fact that the
18 media had gone along with that. I know they
19 don't particularly like us. This is a
20 democracy; that's the problem. They would
21 prefer some sort of a monarchy, it seems like.
22 And I'm the first one to say that.
23 But I want to tell you something.
24 It isn't just the legislative part of this, it
25 is the judicial part of this. The judiciary,
Candyco Transcription Service, Inc.
(518) 371-8910
2310
1 despite the fact they haven't acted very
2 well -- and I think we know that, and
3 especially downstate. Even upstate, some
4 judges have done some dumb things, and we know
5 that.
6 They're right, though. They're
7 right that if we're going to have an
8 independent judiciary, we need to move on.
9 And we need to pay them properly. And in the
10 future, we should have a mechanism so this
11 situation doesn't happen again.
12 That's the real issue here. I
13 mean, from my perspective, it's the right
14 thing to do. And one of the problems with
15 this Senate -- and I like to think the Senate
16 Majority, but normally both sides -- we've
17 always had a tendency to do the right thing,
18 even though it sometimes is politically not
19 the best thing to do.
20 I don't know how many times I've
21 heard people say to me "Why is it we always
22 have to be the ones to do the right thing?"
23 The answer is, it's our destiny to do it. And
24 you eventually, all of you, I believe, you
25 will vote the right way. Maybe not today, but
Candyco Transcription Service, Inc.
(518) 371-8910
2311
1 in the future you will. Because it is the
2 right thing to do, it is reform, and it should
3 be done.
4 ACTING PRESIDENT WINNER: How do
5 you vote, Senator Volker?
6 SENATOR VOLKER: I vote aye.
7 ACTING PRESIDENT WINNER: Senator
8 Volker will be recorded in the affirmative.
9 Senator Marcellino, to explain his
10 vote.
11 SENATOR MARCELLINO: Thank you,
12 Mr. President.
13 I hadn't intended to speak on the
14 issue. I was going to vote aye, and I will
15 vote aye. But what I'm hearing is kind of a
16 change in comment here. I'm hearing a call
17 for reform, yet it isn't a problem that the
18 Legislature can be blackmailed into voting the
19 way a Governor, regardless of what party,
20 wishes.
21 We're supposed to be an independent
22 body here. We're supposed to be independent,
23 think for ourselves and not be held hostage by
24 the executive branch for any reason, pay
25 raises or otherwise.
Candyco Transcription Service, Inc.
(518) 371-8910
2312
1 This is just the first time. Every
2 issue has become linked. Threats, ultimatums.
3 Don't vote for my bill by 3 o'clock? If you
4 don't agree with me, I'll go into your
5 districts and campaign against you.
6 Well, the Governor went down to my
7 district. I'm up here legislating; 200 miles
8 away in my district, he's down attacking me
9 for not supporting legislation that he's
10 pushing for finance reform. While he's
11 sending out notices for million-dollar
12 fundraisers, which do the opposite things of
13 what he's saying. Talk about hypocrisy.
14 I don't understand this. If we're
15 supposed to do something independent, if we're
16 supposed to be a Legislature, then let's act
17 like one. When George Pataki did something we
18 thought was wrong, this side of the aisle
19 voted to override his vetoes in the budget
20 process. We were joined by our colleagues.
21 Mr. Spitzer, Governor Spitzer is
22 doing something wrong. He wants to hold your
23 vote hostage. He wants to try to roll you
24 every time you disagree with him. That's
25 wrong. If he disagrees and he wants to
Candyco Transcription Service, Inc.
(518) 371-8910
2313
1 campaign, fine. But that shouldn't buy your
2 vote. That shouldn't hold up your vote. Your
3 vote should be on behalf of the people of your
4 district, on behalf of the people of this
5 state. And that should be the only issue in
6 your mind when you are voting, not whether or
7 not you're going to get a pay raise.
8 When we negotiate and when we work
9 together, we get budget reform, we get ethics
10 reform, we did the bill on loans, the loan
11 scam that the Attorney General pointed out.
12 We can do all these good things when we work
13 together in an appropriate manner, showing
14 respect for all sides.
15 Not when you're being held up, not
16 with a gun to your head, not by being
17 blackmailed. This isn't the way to govern.
18 This is not the way to govern.
19 And, you know, when you give your
20 word, you should keep it. Sixty-two names are
21 on this bill. There should be 62 votes aye.
22 I vote aye.
23 ACTING PRESIDENT WINNER: Senator
24 Marcellino will be recorded in the
25 affirmative.
Candyco Transcription Service, Inc.
(518) 371-8910
2314
1 Senator DeFrancisco, to close.
2 SENATOR DeFRANCISCO: I attended
3 the Law Day ceremonies today at the Court of
4 Appeals. And one of the main things that
5 Judge Kaye talked about was a pay raise and
6 also the process that's in effect now is
7 totally dysfunctional and is something that
8 has to be changed.
9 And an earlier speaker indicated
10 that process is important. Well, if this bill
11 doesn't go through the Senate and the
12 Assembly, then the process will continue to be
13 the dysfunctional process, as labeled by me
14 and the chief judge and I think everybody in
15 this chamber.
16 So process is what this bill is all
17 about. It's about a pay raise for judges and
18 process from this point forward for everyone
19 else. To make it clear, the Legislature
20 cannot possibly get a pay raise until
21 January 1 of 2009, and that's only if an
22 independent commission recommends it.
23 So the point I'm trying to make is
24 that this is a true reform, recognized by
25 recognized by many as a true reform. And to
Candyco Transcription Service, Inc.
(518) 371-8910
2315
1 suggest for a moment that we have to wait for
2 other reforms where there's no agreement --
3 when you've got one that works that everyone
4 agrees to right here and now, ready to go -- I
5 think is a big mistake.
6 Secondly, unlike one of the prior
7 speakers, I don't think it's going to get done
8 this year. If this bill doesn't get done, I
9 don't see it happening. I don't see this
10 process changing this year, and I don't see
11 the process changing next year. And I've been
12 involved in this legislation from Judge Kaye
13 for a couple of years now. I don't see it
14 happening.
15 So if that's the way the process is
16 going to go, I want to be recorded yes for
17 reform today. And hopefully the Assembly will
18 see that this is a good bill and pass it and
19 get on with it and get on with other issues
20 that are as important to this Legislature.
21 I vote aye.
22 ACTING PRESIDENT WINNER: Thank
23 you, Senator DeFrancisco.
24 Senator Duane.
25 SENATOR DUANE: Thank you,
Candyco Transcription Service, Inc.
(518) 371-8910
2316
1 Mr. President. With apologies to Senator
2 DeFrancisco. I'm afraid that my desire to
3 speak wasn't noticed.
4 But I don't want to miss the
5 opportunity, because I do -- I have a
6 confession to make. The fact is, I changed my
7 mind. I changed my mind.
8 If Governor Spitzer thinks that he
9 can put real campaign finance reform on the
10 table and get it accomplished at the same
11 time, you know what? I'm going to give him
12 the benefit of the doubt. If he thinks he can
13 bring the five leaders or six leaders
14 together, you know what? I'm willing to give
15 him a little bit more time. I'm going to give
16 him the benefit of the doubt.
17 I mean, there are things that I
18 want to see happen. The most important thing
19 to me, and I know not everybody agrees with
20 this, is to try to replicate what the City of
21 New York did with their campaign finance
22 reform and put public funding in. It's very,
23 very important to me. I think that that would
24 be very helpful.
25 I know there are people around the
Candyco Transcription Service, Inc.
(518) 371-8910
2317
1 state that don't necessarily agree with that,
2 that don't want public dollars used for that.
3 But I think it's a very good use of public
4 dollars. We disagree all the time on how
5 public dollars should be spent.
6 I don't like tying, you know,
7 something to something else. I didn't like it
8 last semester when we were going to tie civil
9 confinement to pay raises, and we ended up
10 with what I think is bad civil confinement
11 policy. We didn't get pay raises anyway.
12 That's Albany. I've had nine fun,
13 dysfunctional years here in Albany of tying
14 things together. Every couple of years I vote
15 on extending the Loft Laws and Quick Draw at
16 the same time. It doesn't make any sense to
17 me at all, but that's the choice that I'm
18 provided with when it's time for me to vote.
19 You know, the other thing I've
20 realized here is that nothing is ever really
21 over. Right? Two things happen. You wait a
22 long time for everything, and it's never
23 really over. Rockefeller Drug laws, I waited.
24 We just did a teeny, tiny bit; it's not over.
25 There's more to do. Death penalty is not even
Candyco Transcription Service, Inc.
(518) 371-8910
2318
1 over yet. DNA, gay rights, on and on and on.
2 You wait, then you get a little
3 bit; you wait, you get a little bit. Even
4 mental health parity is not completely done.
5 Something was done, but it's not all done.
6 Nothing is ever over in Albany. Nothing is
7 ever, ever finished. Maybe that's the way
8 government is supposed to be. Maybe the
9 job -- or probably the job is never done.
10 So, you know, it's quite possible
11 that my vote today is going to put me in
12 purgatory for a little extra time. But it's
13 possible by the end of this year that my time
14 in purgatory will actually be decreased. I'm
15 going to vote no, Mr. President, and hope that
16 I will be redeemed sooner rather than later.
17 Thank you.
18 ACTING PRESIDENT WINNER: Senator
19 Duane will be recorded in the negative.
20 Are there any other Senators that
21 wish to be explain their vote?
22 Senator O. Johnson.
23 SENATOR OWEN JOHNSON: Mr.
24 President, this demonstration in fabricating
25 excuses really hurts me personally to see it
Candyco Transcription Service, Inc.
(518) 371-8910
2319
1 take place, to see the demeaning of this side
2 of the aisle by nothing, emanating from the
3 second floor, which has turned their votes
4 around.
5 This bill has been on the floor for
6 a year and a half, under consideration.
7 Everyone knows it's the right thing to do.
8 But because someone wants to exercise his
9 power to take away the power of some of the
10 legislators to exercise their independent
11 judgment on behalf of the state, on behalf of
12 their constituents -- and having it turn
13 around is tragic. It's demeaning. I can't
14 say any more.
15 That we are three separate bodies,
16 and we should function as a separate body and
17 use our own best judgment for our
18 constituency. We shouldn't be bullied by
19 anyone. And it's tragic that this happened
20 today. To sit here and witness this and
21 listen to this hurts me and really hurts
22 democracy in this state.
23 I vote aye.
24 ACTING PRESIDENT WINNER: Senator
25 Johnson will be recorded in the affirmative.
Candyco Transcription Service, Inc.
(518) 371-8910
2320
1 Senator Smith.
2 SENATOR SMITH: Yes, thank you
3 very much, Mr. President.
4 And let me thank all my colleagues
5 on both sides of the aisle for expressing in a
6 very open way their feelings about an issue
7 that, as Senator Duane said, I don't believe
8 is dead. It's not over.
9 But more importantly, I don't know
10 if the fact that we have the right to change
11 our mind, just like anyone over on the other
12 side of the aisle has the right to change
13 their mind -- I don't think you should hold or
14 condemn anyone to that fact. I think that's
15 just a right that we have as legislators.
16 Whether we changed our mind because
17 we had additional negotiations or because
18 things change -- that happens. That happens.
19 What I think is more important, what we should
20 be talking about and hopefully we will do this
21 after, is how do we get there.
22 There is not a person in this room
23 that at some point in time has not changed
24 your mind. And I don't think you should be
25 vilified for doing so. Yes, you may have a
Candyco Transcription Service, Inc.
(518) 371-8910
2321
1 difference of opinion. Yes, you may feel as
2 though, because we don't agree, that you have
3 that right to justify what you say about us.
4 But the bottom line is, you know,
5 don't take it this personal. You should not
6 take it this personal. The judges will get
7 their raises at some point. The legislative
8 commission will come to fruition.
9 We want to make sure that campaign
10 finance reform, which was under discussion up
11 until the end of last week -- which was at the
12 time we went on the bill, prior to that
13 discussion ending. And so it stopped, and so
14 we stopped. But I don't think you should take
15 it that personal.
16 Don't take it that personal. Every
17 single member here on this side of the aisle
18 is just as bright, is just as smart as the
19 members on that side of the aisle. Each one
20 these members have their own right and
21 capability of doing what they think is right.
22 You want to throw the Governor in the mix and
23 say the Governor made us do this, the Governor
24 made us to do that. I mean, we can say that
25 Pataki made you do this, Pataki made you do
Candyco Transcription Service, Inc.
(518) 371-8910
2322
1 that, you were impetus as well. I mean, that
2 gets us nowhere.
3 All I'm saying to you is Senator
4 Bruno and I continuously have very good
5 dialogues. Do we agree? No. Do Shelly and I
6 agree all the time? No. Do the Governor and
7 I agree all the time? No.
8 (Reaction from the floor.)
9 SENATOR SMITH: But the bottom
10 line is -- the bottom line is -- the bottom
11 line is -- and that's okay. You can laugh at
12 Malcolm. Fine, Malcolm's in the middle. But
13 you know what? It's what happens at the end.
14 It's what happens at the end.
15 And I will tell you as I stand
16 here, and Joe and I will get through this.
17 You may not get there with us, but Joe and I
18 will get through this. And what will happen
19 at the end of the day is you will come back
20 and say: Joe, you know what? This is a
21 better deal. You know why? Because, Joe, I'm
22 going to protect some of the members in
23 upstate New York that have some challenges
24 like Senator Volker. They just chastised him
25 in the papers. They may chastise Senator
Candyco Transcription Service, Inc.
(518) 371-8910
2323
1 Robach, they may chastise some of the other
2 members. All I'm saying to you is, as a body
3 we can get there together. And as a body we
4 will get there together.
5 I'm going to be voting no, not
6 because I don't think it's the right bill --
7 DeFrancisco, you did a great job on the bill.
8 A lot of effort. And I'm saying to you, at
9 the end of the day, before we leave here, we
10 should all be in the right place together once
11 we complete the campaign finance reform bill,
12 which all of us know is important to the
13 people of our districts.
14 So I'm voting no. I'm sorry that
15 many of you feel so personal about it. I
16 didn't take this personal. I don't take the
17 criticism personal. That's the price of
18 leadership. That's what you are over here,
19 you've got 29 leaders over here. We're
20 prepared to accept the criticism. But we know
21 at the end of the day we will get it done.
22 Thank you.
23 ACTING PRESIDENT WINNER: Senator
24 Smith will be recorded in the negative.
25 Senator Bruno.
Candyco Transcription Service, Inc.
(518) 371-8910
2324
1 SENATOR BRUNO: Mr. President, I
2 hope I stand to really close the discussion
3 and the debate.
4 And by way of my vote, I'm going to
5 vote in favor, of course.
6 But I want to just share how
7 disappointing what is happening in this
8 chamber this afternoon is to me personally.
9 And it ought to be to you, too. It ought to
10 be to you, too.
11 Because, Senator Smith, in all due
12 respect to you and to your colleagues, how do
13 we govern? How do we govern? When we shake
14 hands and we make an agreement with you, with
15 the Speaker, to move a bill and then -- yes,
16 you have a right to change your minds. Yes,
17 you do, Senator. Anybody does.
18 But you don't, I believe, have a
19 right to walk away from people who send you
20 here, elect you to be representative, and cave
21 in to this Governor every time he intimidates
22 you. I don't believe that you have a right to
23 do that on every single issue.
24 You say you disagree with the
25 Governor? You name one issue that you,
Candyco Transcription Service, Inc.
(518) 371-8910
2325
1 Senator Smith, have disagreed with this
2 Governor.
3 We are not -- and I want to be
4 clear on this, we're not going to take this
5 issue up again in this chamber. Not while I'm
6 here. We will not taking this issue up again.
7 Why? Because we discussed this, and we agreed
8 that this would be it. And I agreed with
9 Speaker Silver that this would be it.
10 And then I understand you meet with
11 the Governor and he says: No, I will
12 represent your interests, I will speak for
13 you, I will speak for the Speaker.
14 Then how on earth can we govern?
15 How can I govern with you? How can I govern
16 with the Speaker? We are going to deal with
17 the Governor and no one else. I'm sorry to
18 say what I'm saying, but the Governor has said
19 he speaks for you. And he says: I speak for
20 the Speaker. That's wrong.
21 We are a separate branch of
22 government, duly elected to be representative.
23 And frankly, you ought to be embarrassed and
24 you ought to be ashamed of yourself.
25 We can be collegial. We are
Candyco Transcription Service, Inc.
(518) 371-8910
2326
1 friends. And as the Governor says, we'll have
2 our differences and then we'll laugh and tell
3 jokes after. We can do that. But this is
4 serious, serious, serious business.
5 I'm going to tell you now -- I've
6 been in this business a long time -- I am not
7 going to go behind closed doors and discuss
8 campaign finance reform. Not unless this
9 Governor cancels his birthday
10 million-dollars-to-get-in party. Okay? If he
11 cancels that, I would like to publicly discuss
12 campaign finance reform. And we can do a bill
13 if he cancels his million-dollar fundraiser.
14 Million dollars, half a million, quarter of a
15 million. That is, as has been said,
16 hypocritical.
17 And we're not going to go behind
18 closed doors and discuss that and link it to
19 the issue that's before us. And you know
20 that's what happened. This got linked. This
21 bill that's before us, that we unanimously
22 agreed on, got linked, got linked by the
23 Governor dictating that this would be linked
24 to campaign finance reform and maybe some
25 other issue.
Candyco Transcription Service, Inc.
(518) 371-8910
2327
1 That is wrong, Senator. As a
2 friend, as a colleague to all of you, I am
3 saying it is wrong. And to this Governor, he
4 is wrong to take the authority that is vested
5 in you, when you take your oath of office, and
6 say: I will dictate what happens and not you,
7 as representatives of your constituency.
8 And, Senator Diaz, my
9 congratulations to you for having the
10 character, the courage, the integrity to stand
11 up and speak on behalf of yourself and the
12 constituency that sends you here.
13 And I can say now, you ought to be
14 mortified and embarrassed when you put your
15 name on a bill and then in a cavalier way say,
16 Oh, our whole conference -- Senator Smith --
17 changed their minds. Changed their minds why?
18 Because the Governor changed it for you over
19 the weekend. It's wrong.
20 Mr. President, it is wrong. I
21 could stay here and go on at great length and
22 repeat: It is wrong. But I want to be clear.
23 This bill is not going to come back in any
24 form on this floor this session.
25 So you vote the way you want to
Candyco Transcription Service, Inc.
(518) 371-8910
2328
1 vote. This doesn't make it through the
2 Assembly, well, then, you answer to the
3 judges, to Judge Kaye -- who spent years
4 negotiating this with the Legislature,
5 years -- why it doesn't become law. That will
6 be your responsibility and not ours.
7 And I want to thank my colleagues
8 for having the courage of their own
9 convictions.
10 Thank you, Mr. President.
11 ACTING PRESIDENT WINNER: Thank
12 you, Senator Bruno.
13 (Applause.)
14 ACTING PRESIDENT WINNER: Senator
15 Bruno will be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Those recorded in
18 the negative on Calendar Number 712 are
19 Senators Adams, Breslin, Connor, Dilan, Duane,
20 Gonzalez, C. Johnson, Klein, L. Krueger,
21 Montgomery, Oppenheimer, Parker, Perkins,
22 Sabini, Sampson, Savino, Schneiderman,
23 Serrano, Smith, Stachowski, Stavisky,
24 Stewart-Cousins, Thompson and Valesky.
25 Absent from voting: Senators
Candyco Transcription Service, Inc.
(518) 371-8910
2329
1 Huntley and C. Kruger.
2 Ayes, 34. Nays, 24.
3 ACTING PRESIDENT WINNER: The
4 bill is passed.
5 Senator Bruno, that completes the
6 controversial reading of the calendar.
7 SENATOR BRUNO: Thank you,
8 Mr. President.
9 Is there any further business to
10 come before the Senate at this time?
11 ACTING PRESIDENT WINNER: No,
12 there is not.
13 SENATOR BRUNO: There being none,
14 I would move that we stand adjourned until
15 tomorrow, Tuesday, May 1st, at 3:00 p.m.
16 Thank you, Mr. President. I move
17 we stand adjourned.
18 ACTING PRESIDENT WINNER: Thank
19 you, Senator Bruno.
20 On motion, the Senate stands
21 adjourned until May 1st at 3:00 p.m.
22 (Whereupon, at 5:00 p.m., the
23 Senate adjourned.)
24
25
Candyco Transcription Service, Inc.
(518) 371-8910