Regular Session - December 13, 2007
6641
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 December 13, 2007
11 3:10 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
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25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Will everyone please rise and join
5 with me in reciting the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 THE PRESIDENT: Leading us in our
9 invocation today is the celebrated minister
10 from Mother Theresa Community in Albany, and
11 runner-up for the Nobel Peace Prize this year,
12 Father Peter G. Young.
13 REVEREND YOUNG: Thank you.
14 Let us pray.
15 As we gather on this autumn snowy
16 day in a special session, we will attempt to
17 put closure on some outstanding legislative
18 year-end issues to assist our New York State
19 citizens.
20 During this special holiday season,
21 we warmly greet everyone in a festive spirit
22 of goodwill. May we extend that joy into the
23 compassion of our legislation for those that
24 are seeking shelter and food, so that they too
25 can celebrate with us.
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1 We are happy to call together the
2 providers so that they can handle the
3 disenfranchised with legislative efforts that
4 will remove the barriers and obstacles of
5 bureaucracy so that they can fulfill, O God,
6 Your call to respect all of Your creation.
7 May we remember Dave Cole, who
8 served here in this Senate chamber for so many
9 years so well all of our members.
10 Amen.
11 THE PRESIDENT: Thank you,
12 Father.
13 As we assemble here on this cold,
14 snowy day in autumn, we ask for the reading of
15 the Journal.
16 THE SECRETARY: In Senate,
17 Wednesday, December 12, the Senate met
18 pursuant to adjournment. The Journal of
19 Tuesday, September 11, was read and approved.
20 On motion, Senate adjourned.
21 THE PRESIDENT: The Journal
22 stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Robach.
7 SENATOR ROBACH: Yes,
8 Mr. President. I move the following bills be
9 discharged from their respective committees
10 and be recommitted with instructions to strike
11 the enacting clause: Senate Bills 2054 and
12 2711, by Senator DeFrancisco.
13 THE PRESIDENT: So ordered.
14 SENATOR ROBACH: Mr. President, I
15 also move that the following bills be
16 discharged from their respective committees
17 and be recommitted with instructions to strike
18 the enacting clause: Senate Bill 2400 and
19 Senate Bill 2828, by Senator Trunzo.
20 THE PRESIDENT: So ordered.
21 Senator Fuschillo.
22 SENATOR FUSCHILLO: Thank you,
23 Mr. President.
24 On behalf of Senator Farley, I wish
25 to call up Senate Print Number 920, recalled
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1 from the Assembly, which is now at the desk.
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: Calendar Number
5 273, by Senator Farley, Senate Print 920, an
6 act to amend the Tax Law.
7 THE PRESIDENT: Senator
8 Fuschillo.
9 SENATOR FUSCHILLO: I now move to
10 reconsider the vote by which the bill was
11 passed.
12 THE PRESIDENT: Call the roll on
13 reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 37.
16 SENATOR FUSCHILLO: I now move to
17 commit the bill to the Committee on Rules.
18 THE PRESIDENT: So ordered.
19 Thank you, Senator Fuschillo.
20 SENATOR FUSCHILLO: On behalf of
21 Senator Maziarz, I wish to call up Senate
22 Print Number 1884A, recalled from the
23 Assembly, which is now at the desk.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: Calendar Number
2 1496, by Senator Maziarz, Senate Print 1884A,
3 an act to allow Jerry R. Sullivan to file.
4 SENATOR FUSCHILLO: I now move to
5 reconsider the vote by which the bill was
6 passed.
7 THE PRESIDENT: The Secretary
8 will call the roll on reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 37.
11 SENATOR FUSCHILLO: I now move to
12 recommit the bill to the Committee on Rules.
13 THE PRESIDENT: So ordered.
14 SENATOR FUSCHILLO: Thank you.
15 THE PRESIDENT: Senator Nozzolio.
16 SENATOR NOZZOLIO: Thank you,
17 Mr. President.
18 On behalf of Senator Alesi, I wish
19 to call up Print Number 5229A, recalled from
20 the Assembly, which is now at the desk.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: Calendar Number
24 2052, by Senator Alesi, Senate Print 5229A, an
25 act to amend Chapter 530 of the Laws of 1988.
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1 SENATOR NOZZOLIO: Mr. President,
2 I now move to reconsider the vote by which the
3 bill was passed and ask that the bill be
4 restored to the order of third reading.
5 THE PRESIDENT: The Secretary
6 will call the roll on reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 37.
9 SENATOR NOZZOLIO: Mr. President,
10 I now move to recommit the bill to the
11 Committee on Rules, with instructions to said
12 committee to strike the enacting clause.
13 THE PRESIDENT: The bill will be
14 recommitted to the Committee on Rules,
15 striking of the enacting clause so ordered.
16 Thank you, Senator Nozzolio.
17 Senator Bruno.
18 SENATOR BRUNO: Mr. President,
19 can we at this time adopt the Resolution
20 Calendar, with the exception of Resolutions
21 3812 and 3813.
22 THE PRESIDENT: Senator Bruno
23 moves to adopt the Resolution Calendar, with
24 exceptions of Resolutions 3812 and 3813. All
25 in favor signify by saying aye.
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1 (Response of "Aye.")
2 THE PRESIDENT: All opposed, nay.
3 (No response.)
4 THE PRESIDENT: Motion carries.
5 The Resolution Calendar is adopted.
6 Senator Bruno.
7 SENATOR BRUNO: Mr. President,
8 can we at this time take up Resolution 3812,
9 have its title read, and move for its
10 immediate adoption.
11 THE PRESIDENT: The Secretary
12 will read Resolution 3812 by title.
13 THE SECRETARY: By Senator Smith,
14 Legislative Resolution Number 3812,
15 commemorating the 40th Anniversary of the SUNY
16 Educational Opportunity Program.
17 THE PRESIDENT: We are
18 considering Resolution 3812. All those in
19 favor please signify by saying aye.
20 (Response of "Aye.")
21 THE PRESIDENT: Opposed, nay.
22 (No response.)
23 THE PRESIDENT: The resolution
24 carries. The resolution is adopted.
25 Senator Bruno.
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1 SENATOR BRUNO: Mr. President,
2 can we at this time take up Resolution Number
3 3813, have the title read, and move for its
4 immediate adoption.
5 THE PRESIDENT: The Secretary
6 will read.
7 THE SECRETARY: By Senator
8 Larkin, Legislative Resolution Number 3813,
9 commending AARP upon the occasion of
10 celebrating its 50th Anniversary.
11 THE PRESIDENT: On the
12 resolution, all those in favor please signify
13 by saying aye.
14 (Response of "Aye.")
15 THE PRESIDENT: Opposed, nay.
16 (No response.)
17 THE PRESIDENT: The resolution
18 carries, and now AARP can have an AARP card.
19 Senator Larkin.
20 SENATOR LARKIN: Mr. President,
21 could we open that up, for those who might
22 want to get on that?
23 THE PRESIDENT: Senator Bruno,
24 Senator Larkin has asked that we open the
25 resolution so that all members of the Senate
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1 may sign and those not wishing to sign may
2 indicate so at the desk. Is that approved
3 with you?
4 SENATOR BRUNO: Can we have that
5 happen, Mr. President? Anyone caring not to
6 be on the resolution, please notify the desk
7 privately.
8 Thank you, Mr. President.
9 THE PRESIDENT: Thank you,
10 Senator Larkin.
11 All those who would like to not be
12 listed on the resolution may indicate at the
13 desk. Otherwise, the sponsors will be
14 unanimous.
15 The chair recognizes Senator Bruno.
16 SENATOR BRUNO: Mr. President,
17 can we return to the reports of standing
18 committees and take up the report of the
19 Judiciary Committee.
20 THE PRESIDENT: We will return to
21 reports of standing committees.
22 The chair recognizes Senator
23 DeFrancisco.
24 SENATOR DeFRANCISCO: Thank you.
25 I would like to move the nomination
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1 of the Honorable Carmen Beauchamp Ciparick, of
2 New York City, as associate judge of the Court
3 of Appeals.
4 And there was a committee meeting
5 of the Senate Judiciary Committee earlier
6 today which found that Judge Ciparick had all
7 the qualifications necessary for a Court of
8 Appeals judgeship. In addition, she's served
9 for the last 14 years on the court with
10 distinction.
11 And I'm very proud and very pleased
12 that the Governor reappointed her for that
13 position, and I urge all of you to support
14 this nomination and confirm her today.
15 Thank you.
16 THE PRESIDENT: The Secretary
17 will read the nomination.
18 THE SECRETARY: Senator
19 DeFrancisco, from the Committee on Judiciary,
20 reports the following nomination.
21 As associate judge of the Court of
22 Appeals, Honorable Carmen Beauchamp Ciparick.
23 THE PRESIDENT: Senator
24 DeFrancisco, to move the nomination.
25 SENATOR DeFRANCISCO: I thought I
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1 already did. But if I didn't, I'll move her,
2 and if I did, I'll move her again.
3 THE PRESIDENT: On the
4 nomination, the chair recognizes Senator
5 Schneiderman.
6 SENATOR SCHNEIDERMAN: Thank you,
7 Mr. President.
8 Very briefly, I rise just to thank
9 the Governor for reappointing a fine judge of
10 the Court of Appeals. I think we are going to
11 be talking about the role of the judiciary in
12 New York and in the scheme of American
13 democracy today in a variety of contexts.
14 But this is a judge who
15 demonstrates that great work and progressive
16 thinking on the judiciary can do a great deal
17 for all the people of New York. This is not a
18 ivory tower jurist. This is someone of whom
19 we can all be proud.
20 And it is my pleasure to support
21 this nomination, and I urge everyone to vote
22 to return her to the bench where she has
23 served so ably for so long.
24 Thank you.
25 THE PRESIDENT: Thank you,
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1 Senator Schneiderman.
2 The chair recognizes Senator
3 Perkins.
4 SENATOR PERKINS: Thank you very
5 much.
6 I just want to take a quick moment
7 to express my support for this outstanding
8 individual, this outstanding public servant
9 that I've had the honor of working with since
10 1982, more or less, and have followed her
11 career and have had the opportunity to support
12 her career.
13 And you know, she has really
14 exemplified the best that we could offer in
15 terms of this process, not only in terms of
16 what she has done as a jurist but also in
17 terms of the role model that she exemplifies
18 for those of us from the neighborhood.
19 And so I'm honored to second this
20 and look forward to her continuation in her
21 outstanding career.
22 THE PRESIDENT: Senator Volker.
23 SENATOR VOLKER: Mr. President,
24 very quickly.
25 We figured out, actually, Judge
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1 Ciparick and I, that I was the only person
2 that voted for her 14 years ago. It appears
3 I'm the only person left from that Judiciary
4 Committee.
5 And I realized also, when I looked
6 at her background, that she must have been
7 14 years old when she first became a judge,
8 because she's been a judge for 37 years.
9 So I just do want to say that she's
10 not only an excellent jurist but a fine
11 person. And I voted for her 14 years ago, and
12 I'll do the same again.
13 THE PRESIDENT: Senator Krueger.
14 SENATOR LIZ KRUEGER: Thank you,
15 Mr. President.
16 I also rise to support Carmen
17 Ciparick and to say while Senator Perkins so
18 eloquently described why she is such a
19 valuable judge on our Court of Appeals and how
20 important it is that Governor Spitzer has
21 nominated her for a further term, when Senator
22 Perkins talked about her coming from the
23 neighborhood, she actually comes from my
24 neighborhood and lives in my district.
25 And so I am delighted to share her
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1 with Senator Perkins historically, but to
2 congratulate her and to thank her for being
3 willing to sit yet again on the Court of
4 Appeals. Because as we all know, they face a
5 lot of controversy. This is not an easy job,
6 and there's a lot of pressure placed on our
7 judges today.
8 And it is so critical that we
9 continue to have independent judges who
10 understand the law and their role in
11 protecting us all. And she has truly proved
12 to be a heroine and hero of that mission.
13 So I'm very proud to have her as a
14 constituent and delighted that she will be
15 continuing on the Court of Appeals.
16 Thank you, Mr. President.
17 THE PRESIDENT: Senator Gonzalez.
18 SENATOR GONZALEZ: Thank you,
19 Mr. President.
20 I too rise in support of the
21 Honorable Carmen Beauchamp Ciparick. I was
22 part of the process back 14 years ago in
23 reaching through her selection process, and
24 she has made us proud in those 14 years.
25 And I congratulate the Governor for
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1 renominating her, and I stand proudly in
2 support of this nomination.
3 Thank you, Mr. President.
4 THE PRESIDENT: Senator Saland.
5 SENATOR SALAND: Thank you,
6 Mr. President.
7 I get up most reluctantly. I don't
8 want to be responsible for raining or, as the
9 case may be, snowing on the judge's parade
10 today. So perhaps this will be considered a
11 drizzle or a snow flurry.
12 I'm not going to go into my
13 reasons. I spoke briefly at the Judiciary
14 meeting. Suffice it to say that I have
15 scrutinized over the course of the past
16 several nominations what I thought was the
17 relative positions of the nominees to the
18 Court of Appeals with respect to issues
19 involving the distinctively different roles
20 between the legislature and the judiciary.
21 And while I certainly have heard
22 nothing but kind and gracious things spoken of
23 Judge Ciparick, and she seems, by all
24 estimates, to be an extraordinarily kind and
25 gracious person -- somebody whom, by the way,
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1 I did support when she came before this house
2 initially -- I have found that there's been
3 too many opinions coming from the Court of
4 Appeals in which I feel that the role of the
5 Legislature is being usurped.
6 And for that reason, I am going to
7 respectfully vote in the negative.
8 Thank you.
9 THE PRESIDENT: Senator Duane.
10 SENATOR DUANE: Thank you,
11 Mr. President.
12 I rise also to say what a terrific
13 judge Carmen Beauchamp Ciparick has been. And
14 it's been an honor to support her for -- I'm
15 not going to say how long, but a while.
16 And I also have to disclose that I
17 served on a jury in a case where the judge was
18 the judge, and I wasn't thrown off. But I did
19 make everyone stay overnight at the Milford
20 Plaza, which they don't do anymore. I held
21 out for a while, but -- my colleagues would be
22 shocked to hear this -- I ended up voting
23 guilty. Can you imagine? I know. I know.
24 But the judge knew that I could be fair.
25 And I never understand why that
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1 defendant didn't take a plea bargain, to tell
2 you the truth, because he was really -- there
3 was no way around it. I felt bad for him.
4 But what are you gonna do.
5 Anyway, you know, she was worth
6 searching for on the ballot in 1984? 1983?
7 '83. You had to hunt her down. And you know
8 what? The voters of Manhattan hunted her
9 down.
10 And then she was hunted down to
11 serve on the Court of Appeals. And I've
12 agreed with every decision you have made
13 there.
14 So I'm thrilled that we get to keep
15 you so you get to kick us around for a little
16 while longer. Congratulations.
17 THE PRESIDENT: Senator
18 C. Johnson.
19 SENATOR CRAIG JOHNSON: Thank
20 you, Mr. President. I too rise to
21 congratulate and commend Judge Ciparick.
22 Like Senator Duane, I'll make a
23 full disclosure. But the congratulations is
24 one from St. John's Law School alumnus to a
25 St. John's Law School alumna to join our
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1 fellow alum, Thomas Jones, on the court. I
2 thank you for putting in the hours and the
3 dedication that you do for the Court of
4 Appeals, and I just wish to say
5 congratulations. Thank you.
6 Thank you.
7 THE PRESIDENT: Senator
8 Hassell-Thompson.
9 SENATOR HASSELL-THOMPSON: Thank
10 you, Mr. President. I rise to second the
11 nomination of Judge Ciparick.
12 And I need to say, as I said this
13 morning in the committee meeting, that in
14 reading her record and listening to reports
15 about her from other jurists in Westchester
16 County and around the state, one of the things
17 that became very clear is that for all of the
18 kinds of decisions that she made, she is the
19 kind of person and certainly the kind of judge
20 that knows how to disagree without being
21 disagreeable. And I said then and I say now
22 that that's an art form that I am struggling
23 hard to achieve.
24 Congratulations to you, Judge, and
25 thank you for all the work that you have done
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1 on behalf of the people of the State of
2 New York and the justice that you have brought
3 to your court.
4 THE PRESIDENT: Would any other
5 Senator wish to be speak on the nomination?
6 Hearing none, the question is on
7 the nomination -- we apologize.
8 Senator LaValle.
9 SENATOR LaVALLE: When you bring
10 it to a vote, Mr. President --
11 THE PRESIDENT: We will bring it
12 to a vote right now, Senator.
13 SENATOR LaVALLE: Would the
14 record show that I am in opposition to the
15 nomination.
16 THE PRESIDENT: Yes. We're
17 coming to the vote now, Senator.
18 The question is on the nomination
19 of Judge Carmen Beauchamp Ciparick to the
20 New York State Court of Appeals. All those in
21 favor please indicate by saying aye.
22 (Response of "Aye.")
23 THE PRESIDENT: Those opposed?
24 (Response of "Nay.")
25 THE PRESIDENT: The record will
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1 reflect Senator LaValle, Senator Seward, and
2 Senator Saland will be voting in the negative.
3 The nomination carries.
4 Judge Carmen Beauchamp Ciparick,
5 who began her legal career at Legal Aid in
6 1967 and then in 1969 became associate counsel
7 to the Judicial Conference, became an
8 administrative judge in the Court of the City
9 of New York in 1974, was appointed by Governor
10 Carey in 1978 to be acting Supreme Court
11 judge, and then was elected by many others,
12 including Senator Duane, in 1983, to the
13 New York State Supreme Court, and then in 1993
14 was nominated by Governor Mario Cuomo to the
15 Court of Appeals, and this is her
16 renomination.
17 She joins us this afternoon in the
18 East Gallery. Her daughter and husband were
19 unable to attend, but she is joined by several
20 friends and colleagues.
21 Thank you for your outstanding
22 service on the court in your first term,
23 Judge Ciparick, and please accept the
24 nomination of this body to serve for another
25 term on the Court of Appeals.
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1 (Applause.)
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: As a justice of
5 the Supreme Court of the Second Judicial
6 District, Honorable John A. Fusco, of Staten
7 Island.
8 THE PRESIDENT: The chair
9 recognizes Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Mr.
11 President, I would move the nomination of the
12 Honorable John A. Fusco, of Staten Island, as
13 a justice of the Supreme Court of the Second
14 Judicial District. He currently serves as a
15 surrogate, and he's being appointed to fill an
16 unexpired term or to fill an opening on the
17 Supreme Court.
18 Prior to being on the Surrogate's
19 Court, he was a senior partner in a law firm
20 on Staten Island for 25 years, and his best
21 qualification is the fact that he was a solo
22 practitioner for a period of time. And that's
23 what we need more of on courts that hear cases
24 and that try matters for the people of this
25 state.
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1 And the most important reason I'm
2 moving his nomination is the former chairman
3 of the Judiciary Committee called me about
4 Judge Fusco last week, trying to find out
5 what's going on because he wanted to get this
6 done by the end of the year. And when Chris
7 Mega speaks, I listen.
8 So I'm proud to move this
9 nomination.
10 THE PRESIDENT: On the
11 nomination, the chair recognizes Senator
12 Lanza.
13 SENATOR LANZA: Thank you,
14 Mr. President.
15 It is a distinct personal privilege
16 and honor to rise in support of the nomination
17 of Judge Fusco to the Supreme Court in the
18 Second Judicial District.
19 I've known Judge Fusco for many
20 years and have always admired the way he has
21 served the people, the way he has always put
22 the people first in his distinguished career
23 as both a member of the City Council and, over
24 the last nine years, as a Surrogate Court
25 judge.
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1 He possesses all the qualities and
2 characteristics that you would want to see in
3 a judge. He is intelligent, he is dedicated,
4 he has the perfect judicial demeanor, he is
5 compassionate, he is knowledgeable in the law.
6 He has proven that over his lengthy career.
7 And it's really -- I want to thank
8 Chairman DeFrancisco, Senator Bruno, and the
9 Governor for recognizing that the people of
10 Staten Island will best be served by
11 continuing to have Judge Fusco serving them.
12 Again, I want to congratulate you,
13 Judge Fusco, and thank the Governor,
14 Senator Bruno, and Chairman DeFrancisco.
15 THE PRESIDENT: On the nomination
16 of Judge Fusco, the chair recognizes
17 Senator Savino.
18 SENATOR SAVINO: Savino.
19 (Laughter.)
20 SENATOR SABINI: Which one?
21 SENATOR SAVINO: Savino.
22 Thank you, Mr. President.
23 I also want to rise and
24 congratulate the Governor on this appointment
25 today. And I want to echo the sentiments of
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1 my colleague Senator Lanza across the aisle on
2 what an honor it is to be here today to say
3 some kind words on behalf of John Fusco.
4 Staten Island is in fact a very
5 unique place where Democrats and Republicans
6 get along far more often than they don't. And
7 earlier this year, both parties joined
8 together to endorse Bob Gigante to succeed
9 John Fusco as a surrogate for Staten Island.
10 Our happiness on behalf of Bob
11 Gigante was only tempered by our sadness over
12 the fact that we were losing John Fusco as our
13 surrogate, sadly because he had reached that
14 age of retirement. So you can imagine our
15 delight when the Governor announced that he
16 was going to nominate him for this vacant
17 seat.
18 He's been a wonderful surrogate, a
19 great public official, an amazing Staten
20 Islander. And he has been a mentor and a
21 power of example for all of us who came behind
22 him as elected officials -- always quick with
23 advice, never gratuitous, always with the
24 interest of Staten Islanders in mind.
25 So I am so happy to be here today
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1 to say congratulations to you, John Fusco.
2 THE PRESIDENT: And now the chair
3 recognizes Senator Sabini.
4 SENATOR SABINI: Thank you,
5 Mr. President.
6 I too rise in support of the
7 nomination by the Governor of John Fusco as a
8 justice of the Supreme Court so he can
9 continue to serve the public of Staten Island
10 as he's done so well as surrogate and as a
11 legislator.
12 For those of that you aren't
13 familiar with the workings of the New York
14 City Council, their hearing structure is much
15 different than ours. The hearings go on and
16 on and on. And we allow anyone from the
17 public to speak, anyone. And they do.
18 And what impressed me about serving
19 with John Fusco in a body where Republicans
20 were in a very, very distinct minority, where
21 they had very little clout, and where Judge
22 Fusco was, as Chairman DeFrancisco says, a
23 single practitioner of law, with a law
24 practice a good hour away from City Hall and
25 an hour commute from City Hall if he just
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1 wanted to go home -- yet at committee meeting
2 after committee meeting, when the public
3 droned on and on -- and we're paid to be there
4 to listen, which is a good thing -- one of the
5 few people who would stay was the guy with the
6 longest commute and a guy who maybe could have
7 done other things with his time, and that was
8 Judge Fusco.
9 He always impressed me with not
10 only his work ethic but his sincere concern
11 for people in his district.
12 And as someone who represented a
13 district distinctly different than his -- he
14 could have done very well representing mine,
15 and I could have done very well representing
16 his -- he shared the passion of representing
17 people that so many of us in public life do,
18 but he cared even more than he was being held
19 responsible to do. He could have won that
20 district and come in every two weeks and cast
21 his votes on the floor and gone home. He
22 didn't do that. He didn't do that.
23 So he has my undying respect, and
24 I'm delighted that I'm here to be in the
25 chorus of support for the continued public
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1 service of Judge John Fusco, and I'll be
2 voting in the affirmative.
3 Thank you.
4 THE PRESIDENT: Senator Golden.
5 SENATOR GOLDEN: Thank you,
6 Mr. President.
7 I too rise to congratulate a great
8 man. And, Senator DeFrancisco, it sounds like
9 he covered his base, Chris Mega; I don't think
10 he left a person out. He called myself as
11 well to say what a great man is becoming a
12 judge today in Staten Island, and the great
13 work and the great success that you've been
14 able to achieve.
15 I worked with you in the City
16 Council, and I've seen what you were able to
17 do in helping turn the city around, and the
18 state, and making it as successful as it is
19 today in bringing down the homicide rates and
20 the murder rates in the City of New York,
21 increasing the opportunity for education and
22 giving more opportunity for healthcare
23 throughout the City of New York, fighting that
24 landfill in Staten Island, and really doing
25 some heroic issues on Staten Island that
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1 really changed the course of not only
2 Staten Island but that of the city and the
3 state of New York.
4 I wish you and Mary, your family,
5 your children, the greatest, happy, healthy
6 holiest Merry Christmas, a good New Year.
7 Congratulations. You're a good man.
8 Thank you. I vote aye.
9 THE PRESIDENT: Senator Maltese.
10 SENATOR MALTESE: Mr. President,
11 I rise too to add my accolades to Judge Fusco.
12 Certainly his years in the City
13 Council, the years as a law clerk, the years
14 in private practice, certainly eight years
15 known for his integrity, known for his
16 dedication, recognized by the bench and bar as
17 one of the finest judges and certainly one of
18 the finest surrogates in the State of
19 New York. A man who has given his life to the
20 public over these many, many years.
21 I congratulate also the spirit of
22 bipartisanship and nonpartisanship that
23 enables us to do this today. This is a very
24 good nomination for the Governor, for the
25 Majority Leader, for the people of Staten
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1 Island, first and foremost. I congratulate
2 all in getting together to make this
3 nomination and look forward to many, many
4 years of service on the bench.
5 Congratulations to Judge Fusco. I
6 plan to vote aye.
7 THE PRESIDENT: Thank you,
8 Senator Maltese.
9 The chair recognizes Senator Duane,
10 on the nomination.
11 SENATOR DUANE: Thank you,
12 Mr. President.
13 I have to disclose that I served
14 with Judge Fusco in the golden years of the
15 New York City Council also. And did I not
16 just get off the phone with Fred Cerullo, who
17 I think is also a Staten Island person, who
18 sends his regards.
19 And, you know, I'm glad that
20 finally we were able to drag you up here to
21 Albany so that you can suffer like the rest of
22 us. Congratulations. I know you'll do a
23 great job, as you always have.
24 THE PRESIDENT: On the
25 nomination, all those in favor please indicate
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1 so by saying aye.
2 (Response of "Aye.")
3 THE PRESIDENT: Opposed, nay.
4 (No response.)
5 THE PRESIDENT: Judge Fusco,
6 through Senators Lanza, Sabini, Savino, and
7 along with Senators Golden, Maltese and Duane,
8 the Senate has unanimously confirmed the
9 nomination by Governor Spitzer of your
10 appointment to the New York State Supreme
11 Court.
12 We know that you served as minority
13 whip in the New York City Council from 1992 to
14 1998. We hope that you will bring that same
15 strength to the Supreme Court of the State of
16 New York.
17 Congratulations for your
18 outstanding service, and best wishes on the
19 court.
20 (Applause.)
21 THE PRESIDENT: Senator Bruno.
22 SENATOR BRUNO: Mr. President,
23 can we ask for an immediate meeting of the
24 Finance Committee in the Majority Conference
25 Room, and, following that, a meeting of the
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1 Rules Committee.
2 And while that is taking place, the
3 Senate will stand at ease and reconvene
4 immediately upon the committees making their
5 reports.
6 Thank you, Mr. President.
7 THE PRESIDENT: Thank you,
8 Senator Bruno.
9 There will be an immediate meeting
10 of the Finance Committee in the Majority
11 Conference Room, to be followed immediately by
12 a meeting of the Rules Committee in the
13 Majority Conference Room, Room 332.
14 The Senate stands at ease.
15 (Whereupon, the Senate stood at
16 ease at 3:43 p.m.)
17 ACTING PRESIDENT LANZA: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: There will
20 be an immediate meeting of the Rules Committee
21 in the Majority Conference Room.
22 ACTING PRESIDENT LANZA: There
23 will be an immediate meeting of the Rules
24 Committee in the Majority Conference Room.
25 (Whereupon, the Senate reconvened
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1 at 4:45 p.m.)
2 ACTING PRESIDENT WRIGHT: Senator
3 Skelos.
4 SENATOR SKELOS: Mr. President,
5 if we could return to reports of standing
6 committees, for the report of the Rules
7 Committee.
8 ACTING PRESIDENT WRIGHT: Reports
9 of standing committees.
10 The Secretary will read the report
11 of the Rules Committee.
12 THE SECRETARY: Senator Bruno,
13 from the Committee on Rules, reports the
14 following bills:
15 Restored, Senate Print 6489A, by
16 Senator Marcellino, an act to amend the Labor
17 Law.
18 Reported, Senate Print 714, by
19 Senator Breslin, an act to amend the Town Law;
20 1921, by Senator Robach, an act to
21 amend the Penal Law;
22 6436, by Senator Libous, an act to
23 authorize;
24 6458, by Senator Larkin, an act to
25 amend the Education Law;
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1 6486, by Senator Little, an act to
2 amend Chapter 400 of the Laws of 2007;
3 6491, by Senator Morahan, an act to
4 amend the Retirement and Social Security Law;
5 6493, by Senator Leibell, an act to
6 amend the Labor Law;
7 6501, by Senator Flanagan, an act
8 to amend the Economic Development Law;
9 6503, by Senator Marcellino, an act
10 to amend the Environmental Conservation Law;
11 6512A, by Senator Larkin, an act to
12 amend the Tax Law;
13 6513, by Senator Leibell, an act to
14 amend the Tax Law;
15 6549, by Senator Fuschillo, an act
16 to amend the Education Law;
17 And Senate Print 6550, by Senator
18 DeFrancisco, an act to amend the Judiciary
19 Law.
20 All bills ordered direct to third
21 reading.
22 SENATOR SKELOS: Mr. President.
23 ACTING PRESIDENT WRIGHT: Senator
24 Skelos.
25 SENATOR SKELOS: Move to accept
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1 the report of the Rules Committee.
2 ACTING PRESIDENT WRIGHT: All
3 those in favor of accepting the report of the
4 Rules Committee signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT WRIGHT:
7 Opposed, nay.
8 (No response.)
9 ACTING PRESIDENT WRIGHT: The
10 report is accepted.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 if we could go to motions and resolutions, I
14 believe Senator Robach has a motion to make at
15 this time.
16 ACTING PRESIDENT WRIGHT: Motions
17 and resolutions.
18 Senator Robach.
19 SENATOR ROBACH: Mr. President, I
20 wish to call up my bill, Print Number 1703,
21 recalled from the Assembly, which is now at
22 the desk.
23 ACTING PRESIDENT WRIGHT: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
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1 1455, by Senator Robach, Senate Print 1703, an
2 act to amend the Criminal Procedure Law.
3 SENATOR ROBACH: I now move to
4 reconsider the vote by which the bill was
5 passed.
6 ACTING PRESIDENT WRIGHT: Call
7 the roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 SENATOR ROBACH: Mr. President, I
11 now offer the following amendments.
12 ACTING PRESIDENT WRIGHT: The
13 amendments are received and adopted.
14 SENATOR ROBACH: I now move to
15 recommit the bill to the Committee on Rules.
16 ACTING PRESIDENT WRIGHT: So
17 ordered.
18 Senator Bruno.
19 SENATOR BRUNO: Mr. President,
20 can we return to the reports of standing
21 committees.
22 I believe there's a report from the
23 Finance Committee at the desk, and I ask that
24 it be read.
25 ACTING PRESIDENT WRIGHT: Reports
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1 of standing committees.
2 The Secretary will read the report
3 of the Finance Committee.
4 THE SECRETARY: Senator O.
5 Johnson, from the Committee on Finance,
6 reports the following nominations.
7 As a member of the Public Service
8 Commission, Garry Brown, of Averill Park.
9 ACTING PRESIDENT WRIGHT: Senator
10 Johnson.
11 SENATOR OWEN JOHNSON: Move the
12 nomination.
13 ACTING PRESIDENT WRIGHT: Senator
14 Bruno.
15 SENATOR BRUNO: Mr. President,
16 the nomination before us has been submitted by
17 the Governor. And this is a constituent of
18 mine, Garry Brown, here with his wife, Linda.
19 Now, we're probably 10 or 15
20 minutes apart, up in the beautiful hills of
21 Rensselaer County. And that by itself would
22 probably qualify Garry for such an important
23 position as a member of the Public Service
24 Commission.
25 But the Governor, in his wisdom,
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1 has recognized that these are challenging
2 times when it comes to energy and all of the
3 related subjects in New York State, so we need
4 a real professional there.
5 Garry Brown is a professional --
6 academically, through the University in
7 Plattsburgh, master's, 30 years of experience
8 in energy and in the industry, in-depth as an
9 analyst, as vice president of the Independent
10 Power Producers, and now, with our support, to
11 be confirmed for commissioner of the Public
12 Service Commission.
13 Challenging -- nuclear, coal,
14 hydro, wind, solar. One of the greatest needs
15 we have in our lives is adequate power for
16 energy, in industry and the professions, in
17 you name it. So this is a challenging
18 position at this time, a very rewarding
19 position at this time. And we're indebted to
20 Garry and his family for committing themselves
21 to this public service.
22 So I am honored to move this
23 nomination on behalf of Garry Brown and all
24 the people of this state.
25 ACTING PRESIDENT WRIGHT: Any
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1 other member wishing to be heard?
2 The question is on the nomination
3 of Garry Brown, for appointment as a member of
4 the New York State Public Service Commission.
5 All those in favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT WRIGHT:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT WRIGHT: The
11 ayes have it.
12 Congratulations, Mr. Brown, you
13 have been confirmed by the New York State
14 Senate. On behalf of its members and the
15 Majority Leader, Joe Bruno, we extend our
16 congratulations to you and your lovely wife,
17 Linda.
18 And from a personal perspective, as
19 chair, I'm very pleased that we were able to
20 confirm your nomination. Every success to
21 you, Garry. Thank you.
22 (Applause.)
23 ACTING PRESIDENT WRIGHT: The
24 Secretary will read.
25 THE SECRETARY: As Welfare
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1 Inspector General, Sean Courtney, of Forest
2 Hills.
3 ACTING PRESIDENT WRIGHT: Senator
4 Johnson.
5 SENATOR OWEN JOHNSON: Move the
6 nomination.
7 ACTING PRESIDENT WRIGHT: Senator
8 Johnson moves the nomination.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 at our recent Finance Committee meeting, I had
12 asked certain questions of the nominee. And
13 in light of the fact that we have to vote
14 today, so we can't necessarily wait for an
15 answer, I did not, in my opinion, receive an
16 adequate response concerning Governor
17 Spitzer's proposal to eliminate finger-imaging
18 for certain food stamp recipients.
19 I think it's very important that
20 there be finger-imaging. It's the front line
21 of defense in terms of avoiding fraud. The
22 nominee in October had indicated the same.
23 So it is my position at this time
24 that I cannot vote for the nominee, although
25 as I've said with other nominees, such as the
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1 chairman of the MTA, because I was concerned
2 about fares -- and certainly I was proved
3 correct there -- I look forward to working
4 with him, even though at this time I cannot
5 vote for the nomination.
6 ACTING PRESIDENT WRIGHT: The
7 record shall so reflect.
8 Any other member wishing to be
9 heard on the nomination?
10 The nomination of Sean Courtney as
11 Welfare Inspector General is before the
12 Senate. All those in favor signify by saying
13 aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT WRIGHT: Nay?
16 (Response of "Nay.")
17 ACTING PRESIDENT WRIGHT: Senator
18 Skelos.
19 SENATOR SKELOS: Mr. President,
20 if the record will indicate that I have voted
21 in the negative.
22 ACTING PRESIDENT WRIGHT: The
23 record will indicate Senator Skelos has voted
24 in the negative.
25 The nomination is approved.
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1 Mr. Courtney, congratulations
2 extended to you. There you are, thank you.
3 Mr. Courtney is joined by his wife,
4 Carol, and his daughter, Alison.
5 (Applause.)
6 ACTING PRESIDENT WRIGHT: On
7 behalf of Senator Bruno and the entire
8 New York State Senate, we extend our
9 congratulations to you on your confirmation,
10 and our best wishes to you and your family.
11 The Secretary will read.
12 THE SECRETARY: As members of the
13 New York State Financial Control Board,
14 Lawrence E. Golub, of New York City, and
15 Jeffrey S. Halis, of New York City.
16 As a public member of the State
17 Banking Board, Barbara Kent, of Staten Island.
18 As members of the State
19 Environmental Board, Thomas Walter O'Brien, of
20 Oneonta, and James W. Ransom, of Rooseveltown.
21 As a member of the Mental Health
22 Services Council, Glenn Liebman, of Albany.
23 As a member of the Advisory Council
24 on Alcoholism and Substance Abuse Services,
25 Herbert Barish, of Nyack.
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1 As a member of the Board of
2 Visitors of the Brooklyn Children's
3 Psychiatric Center, Patricia O. Moses, of
4 Brooklyn.
5 As members of the Board of Visitors
6 of the Central New York Developmental
7 Disabilities Services Office, Sally W.
8 Johnston, of Syracuse; Frederick Niebuhr, of
9 Rome; and Shirley Mary Wilcox, of Little
10 Falls.
11 As a member of the Board of
12 Visitors of the Creedmoor Psychiatric Center,
13 Joel A. Miele, Sr., of Howard Beach.
14 As a member of the Board of
15 Visitors of the Finger Lakes Developmental
16 Disabilities Services Office, Joseph A.
17 VanHaelst, of Newark.
18 As a member of the Board of
19 Visitors of the Kingsboro Psychiatric Center,
20 Miriam Rocoff, of Brooklyn.
21 As members of the Board of Visitors
22 of the Long Island Developmental Disabilities
23 Services Office, Lita Cohen, of Bellmore, and
24 Itta Ross, of Great Neck.
25 And as a member of the Board of
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1 Visitors of the Staten Island Developmental
2 Disabilities Services Office, James T.
3 Roberts, of Staten Island.
4 ACTING PRESIDENT WRIGHT: The
5 question is on the confirmation of the
6 nominees as read by the Secretary. All those
7 in favor signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT WRIGHT:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT WRIGHT: The
13 nominations are carried.
14 Congratulations to the nominees.
15 Senator Bruno.
16 SENATOR BRUNO: Mr. President,
17 can we at this time have the noncontroversial
18 reading of the calendar.
19 ACTING PRESIDENT WRIGHT: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 2171, by Senator Marcellino, Senate Print
23 6489A, an act to amend the Labor Law.
24 ACTING PRESIDENT WRIGHT: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT WRIGHT: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT WRIGHT: The
8 bill is passed.
9 THE SECRETARY: In relation to
10 Calendar Number 2189, Senator Breslin moves to
11 discharge, from the Committee on Rules,
12 Assembly Bill Number 8305 and substitute it
13 for the identical Senate Bill Number 714,
14 Third Reading Calendar 2189.
15 ACTING PRESIDENT WRIGHT: The
16 substitution is ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 2189, by Member of the Assembly Gordon,
20 Assembly Print Number Print 8305, an act to
21 amend the Town Law.
22 ACTING PRESIDENT WRIGHT: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT WRIGHT: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT WRIGHT: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 2190, by Senator Robach, Senate Print 1921, an
9 act to amend the Penal Law and the Criminal
10 Procedure Law.
11 ACTING PRESIDENT WRIGHT: Read
12 the last section.
13 THE SECRETARY: Section 18. This
14 act shall take effect on the first of
15 November.
16 ACTING PRESIDENT WRIGHT: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT WRIGHT: The
21 bill is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 2191, Senator Libous moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 7157 and substitute it
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1 for the identical Senate Bill Number 6436,
2 Third Reading Calendar 2191.
3 ACTING PRESIDENT WRIGHT: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2191, by Member of the Assembly Finch,
8 Assembly Print Number 7157, an act to
9 authorize the conveyance.
10 ACTING PRESIDENT WRIGHT: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT WRIGHT: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT WRIGHT: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 2192, by Senator Larkin, Senate Print 6458, an
22 act to amend the Education Law.
23 ACTING PRESIDENT WRIGHT: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the same date and in
2 the same manner as Chapter 510 of the Laws of
3 2007.
4 ACTING PRESIDENT WRIGHT: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 ACTING PRESIDENT WRIGHT: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 2193, by Senator Little, Senate Print 6486, an
12 act to amend Chapter 400 of the Laws of 2007.
13 ACTING PRESIDENT WRIGHT: Read
14 the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT WRIGHT: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT WRIGHT: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 2194, by Senator Morahan, Senate Print 6491,
25 an act to amend the Retirement and Social
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1 Security Law.
2 ACTING PRESIDENT WRIGHT: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT WRIGHT: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT WRIGHT: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 2195, by Senator Leibell, Senate Print 6493,
14 an act to amend the Labor Law.
15 ACTING PRESIDENT WRIGHT: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the same date and in
19 the same manner as Chapter 629 of the Laws of
20 2007.
21 ACTING PRESIDENT WRIGHT: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 56. Nays,
25 1. Senator Seward recorded in the negative.
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1 ACTING PRESIDENT WRIGHT: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 2196, by Senator Flanagan, Senate Print 6501,
5 an act to amend the Economic Development Law.
6 ACTING PRESIDENT WRIGHT: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT WRIGHT: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT WRIGHT: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 2197, by Senator Marcellino, Senate Print
18 6503, an act to amend the Environmental
19 Conservation Law.
20 ACTING PRESIDENT WRIGHT: Read
21 the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the same date and in
24 the same manner as Chapter 674 of the Laws of
25 2007.
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1 ACTING PRESIDENT WRIGHT: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT WRIGHT: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 2198, by Senator Larkin, Senate Print 6512A,
9 an act to amend the Tax Law and the Racing,
10 Pari-Mutuel Wagering and Breeding Law.
11 ACTING PRESIDENT WRIGHT: Read
12 the last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT WRIGHT: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56. Nays,
19 1. Senator Padavan recorded in the negative.
20 ACTING PRESIDENT WRIGHT: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 2199, by Senator Leibell, Senate Print 6513,
24 an act to amend the Tax Law.
25 ACTING PRESIDENT WRIGHT: Read
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1 the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the same date and in
4 the same manner as Chapter 596 of the Laws of
5 2007.
6 ACTING PRESIDENT WRIGHT: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT WRIGHT: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 2200, by Senator Fuschillo, Senate Print 6549,
14 an act to amend the Education Law.
15 ACTING PRESIDENT WRIGHT: Read
16 the last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT WRIGHT: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT WRIGHT: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 2201, by Senator DeFrancisco, Senate Print
2 6550, an act to amend the Judiciary Law and
3 the New York City Civil Court Act.
4 ACTING PRESIDENT WRIGHT: Read
5 the last section.
6 THE SECRETARY: Section 7. This
7 act shall take effect immediately.
8 ACTING PRESIDENT WRIGHT: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: I'd just
11 like to explain my vote.
12 This is the second judicial pay
13 raise bill that has come before this house.
14 And this bill basically decouples a potential
15 legislative pay raise from judges' pay raises.
16 I don't think anybody in either
17 house feels, on the merits, that judges should
18 not receive salary increases. And this would
19 result in a 20.84 percent increase retroactive
20 to January 1 of this year, which is a very
21 healthy salary increase which is long overdue
22 and well deserved.
23 The point I'd like to make,
24 however, is I don't know quite how many
25 versions we have to pass in the Senate before
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1 the Assembly decides that they're going to do
2 something concerning judicial pay raises. And
3 over the last several months, the criticism
4 has been equally given across to all members
5 of the Legislature that we are the ones who
6 are not providing pay increases for judges.
7 Now, I guess it's pretty clear now
8 that the Assembly has two choices -- hopefully
9 we won't have to give them a third -- whereby
10 they could come to Albany, do some business,
11 and one of those pieces of business should be
12 passing one of these pay raise bills. Because
13 it's long overdue, and it should have been
14 done many years ago.
15 But now it's here, two are on the
16 table, come and get it done, please, members
17 of the Assembly.
18 ACTING PRESIDENT WRIGHT: Senator
19 Schneiderman.
20 SENATOR SCHNEIDERMAN: Thank you,
21 Mr. President. To explain my vote.
22 I am sorry that -- I will vote in
23 favor of this bill, but I'm sorry that we've
24 come to this point in the year and this is all
25 we've got to show for our overworked and
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1 undercompensated judiciary. I have seen a lot
2 of games played with one-house bills over the
3 years, but this frankly is beyond the pale.
4 The Majority conference is not
5 taking a bold stance in favor of pay raises
6 for the judiciary. What you guys are doing is
7 taking a beautiful Tiffany box, wrapping it up
8 in silver paper, putting it under the judicial
9 tree and when they open it, it is just a lump
10 of coal, gentlemen and ladies.
11 This is not how you pass a bill.
12 Let me call your attention to the history of
13 the issue of legislation to raise the pay of
14 the judiciary.
15 Governor Eliot Spitzer introduced a
16 Governor's program bill earlier this year
17 decoupling raises for the judiciary from
18 raises for legislators. The bill was referred
19 to your conference. It was put in on May 22nd
20 of this year, referred to Finance. No Senate
21 cosponsors, never circulated, never sent to
22 the Assembly, no effort made to pass it.
23 I saw this was happening for
24 several weeks, talked to some of my colleagues
25 on the Democratic pro-judiciary side of this
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1 house. We put in a bill on June 21st of this
2 year, circulated it. Twenty-six Senate
3 Democratic cosponsors, no Republican
4 cosponsors. Went over to the Assembly and got
5 an Assembly sponsor, the distinguished and
6 esteemed and well-respected Assemblywoman
7 Linda Rosenthal. So we have a bill, and we've
8 been trying to move it.
9 So now you come out with this bill
10 that was only filed on December 10th -- it
11 hasn't been circulated, it hasn't got an
12 Assembly sponsor -- so that you can posture
13 and pretend to the judges out there that you
14 are doing something for them before
15 December 31st.
16 Ladies and gentlemen, let's be
17 honest with the judiciary. We are undermining
18 the most significant judiciary in the 20th
19 century -- and I hope in the new century
20 too -- in the nation. We are undermining a
21 great bench, and there are people just
22 leaving.
23 So let's be honest with ourselves.
24 When associates, junior associates in our
25 largest firms are paid $165,000, $175,000 a
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1 year, it is a disgrace for us to pay judges
2 what we pay them.
3 Let us take action. Please join
4 with those of us in this conference who have
5 signed on to a bill to raise the salaries of
6 judges, and let's actually do something. I'm
7 very disappointed that we're making this
8 hollow gesture, giving the judges one more
9 lump of coal.
10 This is a critical -- you know,
11 look, I'm a lawyer, I know a lot of people who
12 are judges. This is very personal to me. But
13 for every man, woman and child in this state,
14 to have a judiciary that is disgruntled, that
15 is underpaid, that is undercompensated, that's
16 out looking for work, that undermines
17 democracy.
18 And I would like to urge you to
19 heed the words of John Marshall, the greatest
20 chief justice, who said: "The greatest
21 scourge an angry heaven ever inflicted upon an
22 ungrateful or a sinning people was an
23 ignorant, corrupt, or dependent judiciary."
24 Now, if we're not going to support
25 our judiciary, if we're going to make them beg
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1 for crumbs, and if we're going to play games
2 on Christmas Eve, we deserve -- I suppose that
3 we qualify as an ungrateful or sinning people.
4 Let's not do that, ladies and
5 gentlemen. We may be back here again. We may
6 have other opportunities. Let's do what my
7 conference has proposed. Let's raise the
8 salaries for judges. Let's get them out of
9 this thicket, and let's do the right thing by
10 the judiciary of the State of New York. There
11 are great judges out there waiting for us to
12 take action. They can't help themselves; it's
13 up to us.
14 I vote yes, Mr. President, but I
15 vote yes with the understanding that when this
16 beautiful box is opened, it's not going to be
17 the gift the judges are waiting for.
18 Thank you.
19 ACTING PRESIDENT WRIGHT: Senator
20 Schneiderman will be recorded in the
21 affirmative.
22 I remind the members we are on a
23 noncontroversial roll call.
24 Senator Skelos, to explain his
25 vote.
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1 SENATOR SKELOS: Thank you,
2 Mr. President. If I could explain my vote.
3 I want to congratulate Senator
4 Bruno for bringing this bill out today and
5 certainly taking a very bold move in terms of
6 uncoupling what has been a tradition in Albany
7 of pegging legislative raises to judicial
8 raises.
9 My good friend Senator
10 Schneiderman -- and I'm glad you're voting
11 yes -- sometimes has the habit of, when he's
12 not sure where he's at, speaking quickly. And
13 to say that this is a one-house bill and that
14 it's basically a charade is wrong, because the
15 Governor has asked us to pass this bill.
16 And all you need is the Assembly to
17 come back next week, be responsible, as this
18 body has been, pass the bill, and Governor
19 Spitzer has indicated he will sign it.
20 Now, this is our second attempt to
21 do what's right by our judiciary. Earlier in
22 the year there was a bill that -- I believe it
23 was sponsored by everybody in this house,
24 unanimously. Everybody sponsored it in this
25 house, to set up a commission, basically
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1 Judge Kaye's commission that she recommended
2 in terms of making a recommendation concerning
3 judicial salaries, commissioners' salaries,
4 legislators' salaries.
5 And lo and behold, the bill came up
6 for a vote and just can't figure it out that
7 all of a sudden all of my good friends on the
8 Democrat side of the aisle who had sponsored
9 the bill -- except for you, Senator, okay --
10 voted against it. Voted against it.
11 So again, this is an attempt by
12 this Majority to do what's right by our
13 judiciary, uncouple it from what has been a
14 tradition in Albany and do what's right by our
15 judiciary.
16 So, Senator Schneiderman, and to my
17 good friends on the Democrat side of the
18 aisle, I would suggest that you contact
19 Speaker Silver, get them back, pass the bill,
20 the Governor will sign it.
21 So, Mr. President, I will be voting
22 yes on this bill.
23 ACTING PRESIDENT WRIGHT: Senator
24 Skelos will be recorded in the affirmative.
25 Senator Diaz.
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1 SENATOR DIAZ: Thank you,
2 Mr. President.
3 I was honored and proud to vote yes
4 last time because I figured out that it was a
5 good bill, an overdue bill. It was supposed
6 to be done a long time ago. I think that our
7 judges deserve the increase of salary.
8 But many people thought or said at
9 that time that we were voting on that bill
10 because that bill included also a commission
11 that would deal with an increase of salary for
12 us. And because the bill included a salary
13 increase for us, so the Governor decided and
14 the Assembly and everybody decided that we
15 should vote against that bill.
16 Today, today the bill that is in
17 front of us does not include us. Only for
18 judges. So there is no reason why we are here
19 discussing this bill. I don't see any reason
20 why we're talking about it. It's a good bill.
21 It has nothing to do with us, it's only for
22 the judges.
23 So, ladies and gentlemen, as a
24 Democrat, I'm voting, I'm supporting, I'm
25 proud -- I congratulate Senator DeFrancisco
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1 for introducing the bill. And as a Democrat,
2 I'm calling, I'm calling on my fellow
3 Democrats to support this bill.
4 I'm calling on the Assembly members
5 to come back before the year is over, do the
6 right thing, stop playing politics with the
7 judges, stop using this as a football. And
8 let's vote yes and let's get over with it,
9 let's give the judges what they deserve.
10 Ladies and gentlemen, Sheldon Silver and my
11 son and all the Democratic Assembly, come back
12 and vote yes for this bill.
13 Thank you.
14 ACTING PRESIDENT WRIGHT: Senator
15 Diaz will be recorded in the affirmative.
16 Is there any other member wishing
17 to explain their votes?
18 Senator Connor.
19 SENATOR CONNOR: Thank you,
20 Mr. President.
21 You know, we kind of lose the point
22 here when we talk about the judges deserve a
23 pay raise and so on and so forth. What we
24 miss is really the constitutional
25 underpinning, and that is the independence of
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1 the judiciary.
2 Which in our constitution, you
3 know, we can't diminish their salaries. It
4 says we can't. The independence of the
5 judiciary requires a consistent level of
6 living for people in the judiciary to maintain
7 their independence as well as the quality of
8 attracting people.
9 Now, I'm voting for this, but this
10 doesn't even do it. If you look at history,
11 once upon a time in the early part of the last
12 century, in the 1920s, people routinely, even
13 through the '40s, routinely quit Congress to
14 be a New York State Supreme Court justice
15 because it paid so much more than a member of
16 Congress got.
17 Not so long ago, when I got out of
18 law school -- not so short a time, either -- I
19 started as an associate in a very large
20 Wall Street law firm at the magnificent sum of
21 $16,000 a year. And that was a lot of money
22 then, in 1970, it really was. Teachers were
23 starting at $4,000, whatever. But a State
24 Supreme Court justice then made I think it was
25 $38,000 or $39,000 a year, more than twice
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1 what a starting associate at a large law firm
2 in Manhattan made. Now they start at
3 $165,000.
4 What I'm suggesting is we've failed
5 our constitutional responsibility over a
6 period of years. So this bill does some
7 justice, but it doesn't restore that concept
8 that the judiciary should be independent from
9 anybody's whims about what they should make.
10 What ultimately will do it is a
11 commission, which should have been established
12 decades ago, to do cost-of-living increases.
13 And therefore, by the way, linking judicial
14 salaries to ours, which we're not doing in
15 this bill, is not just a tradition. I think
16 it was wrong. I don't like linking.
17 What we're talking about linking is
18 I don't like that the last Governor, and it
19 appears this Governor, seems to link
20 legislative pay raises to pieces of
21 legislation about which some of us support and
22 some of us oppose. When the last Governor did
23 it, it was charter schools versus a pay raise.
24 Well, if you didn't believe in charter
25 schools, what were you supposed to do?
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1 Abandon your beliefs to get a pay raise? And
2 unbelievably, some editorial writers think we
3 should do that.
4 You know, I remember Governors who
5 didn't link it. When the business was done of
6 the Legislature, they would say to the
7 leaders, you know, it's been four years or six
8 years, we should do a pay raise bill. Because
9 it was the right thing to do, not because it
10 was linked to this and you give me this or you
11 give me that.
12 So it's good we're taking away the
13 link between the judges and everything else.
14 But I think if we're really going to change
15 Albany and change the culture here, we have to
16 start voting on individual pieces of bills,
17 whether they're a pay raise or a form measure,
18 whatever, on their merits, the way we
19 represent our constituents and our
20 consciences. And not, well, I really hate
21 this, but I'll vote for it because I'll get
22 this or that.
23 I just think that's about the
24 Albany dysfunction that's crept in over the
25 last couple of decades. And this is a small
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1 part, perhaps, in ending that, but by no means
2 are we there.
3 Thank you, Mr. President.
4 ACTING PRESIDENT WRIGHT: How do
5 you vote, Senator Connor?
6 SENATOR CONNOR: I vote aye.
7 ACTING PRESIDENT WRIGHT: Senator
8 Connor will be recorded in the affirmative.
9 Senator Adams.
10 SENATOR ADAMS: Thank you.
11 Last week I had the opportunity to
12 testify at the PERB hearing for raises for our
13 police officers, because I believe that
14 New York City police officers and the job that
15 they've done throughout the years is deserving
16 of an increase that's comparable to their
17 counterparts throughout the state.
18 And I'm not embarrassed to say that
19 although on record this is supposed to be a
20 part-time job, but anyone that does just eight
21 hours or seven hours for half a term for half
22 a year -- you and I all know that there's
23 nothing part-time about being a State Senator.
24 And as we continue to be
25 embarrassed to say we deserve to be paid
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1 comparable to City Councilpersons in New York
2 City that makes well over $100,000, I don't
3 know how some of you are living, to tell you
4 the truth, on $79,000. You qualify for public
5 assistance.
6 This is a joke. This is a joke.
7 Our staff is not being paid enough. We're not
8 being paid enough. And we're allowing people
9 to tell us that we should not look for a raise
10 increase.
11 Yes, the judges should get a raise.
12 Yes, I support this bill that judges should
13 get a raise. But our raises should not be
14 connected to anything but we deserve to get a
15 raise. Six, seven, eight years without a
16 raise? And we are nine years and we are
17 ashamed to go in front of our constituents and
18 say yes, we deserve a raise?
19 I don't care what paper -- let the
20 editorial boards from Buffalo to New York
21 state that they will go eight years, nine
22 years without a raise. Let any private
23 entity, let Wall Street state that during
24 Christmastime they're going to turn down their
25 bonuses because they didn't do a good job with
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1 the stock market and with our hedge funds and
2 my terrible 401(k) value that keeps going down
3 and down. Let them turn down their raise.
4 Let everyone that states that what they do is
5 comparable to should they get an increase or
6 not.
7 Don't be insulted for yourselves.
8 You should be insulted for your children that
9 you are not allowed to give your children an
10 affordable, decent form of living. Because
11 all of us know when we're up here, our
12 children are down there. When we are in
13 Albany, unlike the Post editorial and the
14 Buffalo editorial, when they go home and spend
15 time with their children, we're up here in
16 Albany. Half the year we don't see our
17 family.
18 And we are ashamed to say we
19 deserve a raise. Well, I'll be darned if I'm
20 ashamed to say it. I deserve a raise. I
21 deserve to be paid more. And I'm only a
22 freshman, and I'm already complaining. We
23 better vote on a raise and make sure we get
24 paid more. And I say that to the Governor, I
25 say that to the Mayor, I say that to anyone.
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1 And anyone here that believes you
2 are so marginal that you all want to be
3 paupers, then you do it on your own. Give
4 me -- show me the money. Show me the money.
5 That's what it's all about.
6 We deserve more money. We deserve
7 to be paid for the job we're doing. We
8 deserve to be spending hours away from our
9 family. We deserve to be attending countless
10 numbers of community events. We deserve to be
11 hearing countless number of complaints from
12 our constituents and finding solutions. We
13 deserve the time that we spend trying to
14 figure out how to make government friendly and
15 squeeze hope into the hands of people who feel
16 hopeless. We deserve to be paid for doing our
17 job.
18 And so yes, the judges deserve to
19 get an increase. They deserve for the time
20 they sit on the bench --
21 ACTING PRESIDENT WRIGHT: Senator
22 Adams, I believe you've made your point in the
23 two minutes. How do you vote?
24 SENATOR ADAMS: I deserve a
25 raise. And I believe that the judges do also.
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1 I vote in favor.
2 (Laughter.)
3 ACTING PRESIDENT WRIGHT: You're
4 not paid by the hour, Senator. Thank you.
5 (Laughter.)
6 ACTING PRESIDENT WRIGHT: If
7 there's no other Senators wishing to explain
8 their vote.
9 Senator Bruno.
10 SENATOR BRUNO: Thank you,
11 Mr. President and colleagues.
12 You know, I listened with great
13 interest at the observations and the comments.
14 And in the spirit of the season, I am going to
15 be as kind and generous as I can be.
16 Senators, please, examine your own
17 consciences. We voted, Senator, for a bill,
18 early this year, in regular session, to give
19 judiciary a raise, to create commissions. You
20 all sponsored the bill and voted against it,
21 unanimously -- with one man with great vision
22 and wisdom --
23 (Laughter.)
24 SENATOR BRUNO: -- Senator Diaz.
25 (Laughter.)
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1 SENATOR BRUNO: Now, with the
2 bill that's before us, the Governor supports
3 it, Mayor Bloomberg supports it, Judge Kaye
4 and the judiciary have originated this bill.
5 So I will remind you -- and if you
6 haven't seen the support memo from the
7 Governor, then you'd better correct
8 yourselves -- there are three separate
9 branches of government in this state,
10 legislative, executive and judiciary.
11 We are addressing the judiciary, as
12 our chairman indicated and described. And
13 they're getting a well-deserved raise for the
14 good work that they do, their commitment,
15 their dedication, their self-sacrificing.
16 Many of them, with their decisions, taking
17 their lives in their hands. Doing the right
18 things, just as we do so many times. To each
19 his own. We are addressing a separate branch
20 of government, the judiciary.
21 Now, wouldn't it be nice if we had
22 a partner, here in the Capitol, in the
23 Assembly. Your colleagues in the majority in
24 the Assembly elected not only not to address
25 the first version of the bill we passed and
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1 sent over -- and I didn't hear you screaming
2 and yelling and being defensive. I didn't
3 hear that.
4 They're not here. They're not
5 here. We would like to be able to negotiate,
6 to discuss, to do whatever is in the best
7 interest of the constituency that elects us to
8 represent their interests. But the Assembly
9 is not here. Fourth trip back since June
10 doing the people's work.
11 Congratulations to you.
12 Congratulations to you that are voting for
13 this, because it's the right thing to do.
14 Other issues before us we'll take
15 up, Mr. President and colleagues, in due time.
16 But we have to move on with our lives. If you
17 don't know it, the weather outside is
18 frightful, okay, and we do not have a fire
19 that is delightful.
20 (Laughter.)
21 SENATOR BRUNO: So I would
22 suggest voting in favor, that we move to the
23 other issues before us.
24 ACTING PRESIDENT WRIGHT: Thank
25 you, Senator Bruno.
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1 Call the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT WRIGHT: Report
4 the results.
5 THE SECRETARY: Ayes, 57.
6 ACTING PRESIDENT WRIGHT: The
7 bill is passed.
8 Senator Bruno.
9 SENATOR BRUNO: Mr. President, is
10 there any other business to come before the
11 Senate?
12 ACTING PRESIDENT WRIGHT: Senator
13 Bonacic would like to be recognized, Senator.
14 SENATOR BRUNO: Senator Bonacic.
15 ACTING PRESIDENT WRIGHT: Senator
16 Bonacic.
17 SENATOR BONACIC: Just two quick
18 points.
19 Senator Bruno, Senator Smith, my
20 colleagues and staff, all your staff, we wish
21 you a merry Christmas and a happy holiday
22 season.
23 You know what I noticed over the
24 years? No one ever steps up near the end of
25 the year to wish their colleagues whether it
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1 be a Merry Christmas or a Happy New Year. So
2 from me to you, peace and good health to you
3 and your families.
4 The second point that I'd like to
5 make, this may be the last day for our general
6 counsel, John Cahill. He has given us
7 37 years of service, and he will be retiring
8 at the end of the year.
9 And, John, from me to you, I want
10 to thank you for your professionalism, your
11 temperament, your assistance to me, your
12 patience. You are the best. We wish you
13 continued success in all your future
14 endeavors. Thank you, John.
15 (Standing ovation.)
16 THE PRESIDENT: Senator Bruno.
17 SENATOR BRUNO: Mr. President,
18 there being no further business, I would like
19 to first commend Senator Bonacic for saying
20 all the things that I had been prepared to
21 say.
22 (Laughter.)
23 SENATOR BRUNO: So thank you.
24 Thank you. And I say thank you, Senator
25 Bonacic, very articulate and right on.
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1 John, 37 years in the Legislature.
2 '81, started here in the Senate. Started
3 reporting to work at 6:00 in the morning,
4 leaving at 8:00 to go to college. Impressive.
5 What was he doing? You know what he was
6 doing? Cleaning. Emptying wastebaskets,
7 dusting, then going to college. And what did
8 he do? Came right to the top.
9 So we're indebted, John, really,
10 for your service, for your commitment, for
11 your dedication and just all the hours --
12 days, nights, weekends -- that you spend.
13 And this is a chapter that closes;
14 another chapter will open in John's life. He
15 is not going away. He is not going to
16 Colorado or Arizona or anyplace else, he's
17 going to be around here, and hopefully we will
18 see his congenial, talented, smiling face as
19 we go forward.
20 And I think Senator Wright -- is
21 Senator Wright here? Senator Jim Wright.
22 (Applause.)
23 SENATOR BRUNO: Senator Jimmy
24 Wright has made a life decision to move on.
25 At the end of this year he will have resigned
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1 as the elected representative in his district
2 in the Senate.
3 And, Jim, when we're thanking
4 people, we want to thank you for the years
5 that you spent, lastly here as chair of Energy
6 and Telecommunications. And we talked
7 earlier: challenging, difficult, hard to make
8 people happy, and not enough for everyone that
9 wants help and support. But Senator Wright
10 did it really in a classy way, in an
11 upstanding way.
12 And this, for Jim, will be the last
13 session in the Senate. But again, doors
14 close, doors open. And we look forward to
15 seeing Senator Wright in some fashion, in some
16 way being representative.
17 So, Senator Wright, thanks for your
18 friendship with me personally, with your
19 colleagues on both sides of the aisle.
20 And, Mr. President, I am the last
21 speaker up; right?
22 THE PRESIDENT: Yes.
23 SENATOR BRUNO: Thank you.
24 Senator Wright.
25 SENATOR WRIGHT: Thank you,
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1 Leader.
2 Let me simply say thank you to Joe
3 Bruno for his leadership and his friendship
4 throughout my tenure here in the Senate -- and
5 that was before he was leader, but certainly
6 since he has been leader.
7 But more importantly, it truly has
8 been an honor for me to serve the people of
9 this state and for 15 years to represent the
10 people of the 48th Senate District, otherwise
11 known as the North Country. It has been a
12 privilege to serve in this chamber. It's been
13 a privilege to serve with each and every one
14 of you and your predecessors.
15 It has been a wonderful experience.
16 It, like any other job, has had its ups and
17 downs. But I think as you all recognize, it's
18 a responsibility that one takes on and takes
19 very seriously. We may well disagree, but
20 it's not because we don't share convictions
21 about our points of view. And it's not that
22 we don't have a responsibility to articulate
23 those positions on behalf of the individuals
24 who represent us.
25 So thank you. I intend to see as
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1 many of you as often as I possibly can -- in
2 an ethical relationship, because I voted for
3 reform.
4 (Laughter.)
5 SENATOR WRIGHT: Thank you to the
6 leader. Thank you to all the members. I
7 truly appreciate the recognition, and I truly
8 appreciate the friendships. Thank you.
9 (Extended applause.)
10 THE PRESIDENT: Senator Bruno.
11 SENATOR BRUNO: I want to wish
12 everyone in the chamber just a happy holiday
13 season. Be careful, be safe. And take care
14 of yourselves, your families.
15 Thank you for your friendship.
16 Thank you for your support. Thank you for
17 being representative. Thank you for being
18 part of the Senate in '07.
19 And there being no further business
20 to come before the Senate, I would move that
21 we stand adjourned, subject to the call of the
22 Majority Leader, intervening days to be
23 legislative days.
24 God bless you.
25 THE PRESIDENT: Happy holidays.
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1 Senate is adjourned.
2 (Whereupon, at 5:34 p.m., the
3 Senate adjourned.)
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