Tuesday, January 13, 1998

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 13, 1998 11 3:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25 1 P R O C E E D I N G S. 2 ACTING PRESIDENT MARCELLINO: 3 The Senate will come to order. 4 Please take your places, staff 5 take your places. Everyone present in the 6 chamber please rise and repeat the Pledge of 7 Allegiance with me. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 In the absence of clergy, may 11 we bow our heads in a moment of silence. 12 (A moment of silence was 13 observed. ) 14 Have the reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Monday January 12th. The Senate met pursuant 18 to adjournment. The Journal of Friday, January 19 9th, was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT MARCELLINO: 22 Without objection, the Journal stands approved 23 as read. 24 We'll have the presentation of 25 petitions. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing 4 committees. 5 Secretary will read. 6 THE SECRETARY: Senator Lack, 7 from the Committee on Judiciary, offers up the 8 following nomination: As judge of the New 9 York State Court of Claims, Andrew P. 10 O'Rourke, of Westchester County. 11 ACTING PRESIDENT MARCELLINO: 12 Recognize Senator Lack. 13 SENATOR LACK: Thank you, Mr. 14 President. 15 I rise to move the nomination 16 of Andrew P. O'Rourke, of Westchester County 17 as a judge of the New York State Court of 18 Claims. 19 We received the nomination from 20 the Governor, and the credentials of Mr. 21 O'Rourke have been examined by the committee. 22 He has been found extraordinarily well 23 qualified. He appeared before the committee 24 this morning, satisfied all of the committee's 25 questions, and was unanimously moved by a vote 1 of the committee to the floor of the Senate 2 this afternoon for confirmation, and I would 3 most respectfully yield to my colleague, 4 Senator Spano, for purposes of a second. 5 ACTING PRESIDENT MARCELLINO: 6 The chair recognizes Senator Spano. 7 SENATOR SPANO: Thank you very 8 much, Mr. President and colleagues. 9 It's my pleasure to second the 10 nomination of Andrew P. O'Rourke as a judge in 11 the state Court of Claims and for anybody who 12 knows the, as we refer to him as the County 13 Executive Andy O'Rourke, or if anybody has 14 heard him speak publicly, you certainly know 15 that he's indeed impressive. Behind his 16 candor, behind his wit, behind his unique 17 sense of humor that he has, is a person whose 18 political ideology has truly underscored his 19 30 years that he's served the people of 20 Westchester county. 21 He started on the City Council 22 in Yonkers, was elected to the County 23 Legislature, became the chairman of the County 24 Legislature, was selected by his peers to be 25 appointed as the County Executive in 1 Westchester County, was the County Executive 2 of Westchester for 15 years, and in addition 3 to the credentials in the public sector, his 4 credentials are unparalleled in the private 5 sector as well. 6 As a private attorney, 7 practicing attorney specializing in trial 8 work, as someone who taught law at Fordham 9 University, someone who has got an outstanding 10 record in the armed forces, serving as a Vice 11 Admiral in the New York Naval Militia. His 12 dedication to the public, to the people of 13 Westchester, is just outstanding. So I have 14 every -- every confidence that the Governor 15 has made the right choice, that we can all 16 indeed be proud of the fact that we will 17 support the nomination of a person who's a 18 true gentleman and will be an outstanding 19 member of the bench, the Honorable Andrew 20 Patrick O'Rourke. 21 I second his nomination. 22 SENATOR GOLD: Mr. President. 23 ACTING PRESIDENT MARCELLINO: 24 Thank you, Senator. 25 Senator Leibell. 1 SENATOR LEIBELL: Thank you, 2 Mr. President. 3 I'm going to join with my 4 colleagues, Senator Lack and Senator Spano, in 5 this nomination, in support of it. 6 The Governor has, over the 7 course of the years, sent us many fine people 8 to consider for the judiciary. This chamber 9 today has the opportunity to consider Andrew 10 O'Rourke. Andrew O'Rourke is someone who has 11 served Westchester County and the state of New 12 York with great distinction and honor over the 13 course of a long career, serving as a 14 legislator both at the city and county level, 15 serving also in the arena as an attorney, 16 someone who was well respected by the bar 17 associations of Westchester County and 18 throughout this state. 19 Andrew O'Rourke as has been 20 noted, has also served his nation. He's 21 served his nation as a naval officer and 22 continues to so serve in our naval militia. 23 Mr. President, without 24 question, we have before us today the sort of 25 person that we want to come forward and serve 1 on our judiciary. I'm very pleased to join my 2 colleagues in moving this nomination. 3 SENATOR GOLD: Mr. President. 4 ACTING PRESIDENT MARCELLINO: 5 Thank you, Senator. 6 Senator Gold. 7 SENATOR GOLD: Yeah. Mr. 8 President, I wasn't too sure about this 9 nomination hearing his background, but when I 10 realize now that he's moved to this side of 11 the aisle, I'm a lot more comfortable and we 12 got a good view from this side of the aisle. 13 Actually the Governor has 14 proven in the last three years that he's a 15 Jekyll and Hyde when it comes to certain 16 things, because while I disagree with him 17 vehemently on some issues, he has certainly 18 gone out of his way to maintain the quality of 19 our judiciary and in many ways increase the 20 quality and I think this is a wonderful 21 nomination. 22 I do trial work, it's no 23 secret, and to come into court and you find 24 that you have a judge who is a real person, 25 with real experience, with real compassion, 1 who knows what it is to not only live in the 2 community, have the problem but knows what it 3 is to practice law and the difficulties that 4 lawyers go through, I think that's a marvelous 5 quality for the bench. 6 I want to congratulate the 7 Governor and I want to wish Mr. O'Rourke a 8 healthy and a long time on the bench. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Marchi. 11 SENATOR MARCHI: Mr. President, 12 a review of his background and if you know him 13 personally, all the superlatives that can be 14 used are used in describing him accurately. 15 He's really a renaissance man 16 in the 20th century. Erudition, jurisprudence, 17 academics, whatever field, when he had to beat 18 his plowshare or his sword into a plowshare he 19 did it and he did it very well. 20 Whatever he did, covering all 21 sectors, including research and deep insight 22 and knowledge of the law and how you do it 23 when you apply it across a wide spectrum of 24 fields of interest, of human interest, and his 25 civic activities really is very difficult, 1 very difficult if not impossible to match, 2 certainly not to exceed those that we can say 3 about our distinguished nominee. 4 So he goes into it with our 5 blessings and our full support and so pleased 6 that he is here to witness all this and know 7 that we are all part of this and the 8 enthusiasm and best wishes. 9 ACTING PRESIDENT MARCELLINO: 10 Thank you, Senator Marchi. 11 Senator Larkin. 12 SENATOR LARKIN: Mr. President, 13 I don't know anything judges. I see our chief 14 Court of Claims Judge, our colleague, Chris 15 Mega, over here but what I know about Andy 16 O'Rourke is we've had many instances in the 17 mid-Hudson when, during his tenure as County 18 Executive that encompassed responsibilities 19 for other counties, counties that had up and 20 coming young executives who didn't know all 21 the ropes but in the meetings that I attended 22 and Lou Heimbach, he expressed his concern 23 that here was an individual that didn't let 24 the smaller counties think that they were 25 chicken feed and big Westchester there, he was 1 always willing to work with them and make 2 things happen. 3 Andy O'Rourke expressed his 4 concern for others, but he provided the 5 leadership and I think that that's what we're 6 talking about today. We're nominating 7 somebody who has a proven record of 8 accomplishment, he's got character, dignity 9 and he's a proven person interested in 10 positive action. 11 Congratulations, Andy. 12 ACTING PRESIDENT MARCELLINO: 13 Thank you, Senator. 14 Any other Senator wishing to be 15 heard on the nomination? 16 Senator Dollinger. 17 SENATOR DOLLINGER: Thank you, 18 Mr. President. 19 I rise today. I will vote in 20 favor of this nominee for the Court of 21 Claims. I raised an issue in the Judiciary 22 Committee, and I am satisfied that in looking 23 at the facts as explained by this candidate 24 and the law, that unfortunately our Election 25 Law is a product of political compromise 1 between the political parties that may be 2 warring over issues are not a model of clarity 3 and I'm satisfied, based on what soon-to-be 4 Judge O'Rourke said, he did not violate this 5 provision of law. 6 I'll conclude with just one 7 other factor that seemed to have been raised 8 by some in the commentary around the Judiciary 9 Committee, although not in the committee 10 itself, and that is somehow the notion that 11 someone who has given a life of public 12 service, a significant time and effort and 13 investment in public service and while doing 14 that public service has not been practicing 15 traditional law, such as this nominee who has 16 served the people Westchester County as their 17 County Executive. 18 I would strongly reject the 19 notion that a lawyer who goes into public 20 service is not qualified to sit on the bench 21 because he hasn't necessarily practiced the 22 intricacies of private practice over a period 23 of time. I reject that notion. I believe that 24 the qualities of a lawyer that will lead to a 25 fruitful life on the bench and a productive 1 life on the bench are the kinds of decision 2 making that we in public service have to make 3 oftentimes on a daily basis and it's judgment; 4 it's integrity; it's decision-making. Mr. 5 O'Rourke in his experience as County Executive 6 has exhibited those talents, and I just -- I 7 believe that there are many competent public 8 servants, may not have served in the 9 traditional path of lawyers to the bench, but 10 nonetheless are competent and qualified to be 11 on the Court of Claims. 12 I note that our Chief Judge of 13 the Court of Claims served a long and 14 illustrious career in this body, and I 15 certainly didn't think then that he wouldn't 16 be a sensational judge because of his 17 decision-making here. I think we have to look 18 at the concept of the judiciary in a broad 19 sense and look at the qualifications of those 20 who are capable of making the tough decisions 21 whether it be on the floor of this chamber or 22 in the closed, quiet back room of a 23 courtroom. We need people who can make good 24 decisions. I'm confident the judgments we've 25 made in the past about decision makers who are 1 public servants were the right ones and that 2 we're right in this case as well. 3 ACTING PRESIDENT MARCELLINO: 4 Thank you, Senator. 5 Any other Senator wishing to be 6 heard on the issue? 7 The question is on the 8 confirmation of Andrew P. O'Rourke of 9 Westchester County as judge of the New York 10 State Court of Claims. All in favor signify 11 by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response. ) 15 Andrew P. O'Rourke is hereby 16 confirmed as a judge of the New York State 17 Court of Claims. 18 (Applause) 19 Judge, on behalf of my 20 colleagues we wish you good luck and God 21 speed and we wish you the best of judgment. 22 Secretary will read. 23 THE SECRETARY: Senator Kuhl, 24 from the Committee on Agriculture, reports the 25 following bill: 1 2088, by Senator Kuhl, an act 2 to amend the Agriculture and Markets Law. 3 Senator Wright, from the 4 Committee on Alcoholism and Drug Abuse, 5 reports: 6 Senate Print 45, by Senator 7 Levy, an act to amend the Vehicle and Traffic 8 Law; 9 ACTING PRESIDENT MARCELLINO: 10 Excuse me. 11 THE SECRETARY: Senate Print 12 75, with amendments, by Senator Levy - 13 ACTING PRESIDENT MARCELLINO: 14 Excuse me. Senator Bruno. 15 SENATOR BRUNO: Yes, Mr. 16 President. 17 Can we interrupt at this time 18 and ask for a Committee of Rules in Room 332 19 immediately. 20 ACTING PRESIDENT MARCELLINO: 21 There will be an immediate meeting of the 22 Rules Committee in Room 332. 23 SENATOR BRUNO: Thank you. 24 ACTING PRESIDENT MARCELLINO: 25 Rules Committee meeting immediately in Room 1 332. Secretary will continue to read. 2 THE SECRETARY: Continuing with 3 Alcoholism and Drug Abuse, Senator Wright 4 reports: 5 Senate Print 75, with 6 amendments, by Senator Levy, an act to amend 7 the Public Authorities Law; 8 308, by Senator Skelos, an act 9 to amend the Vehicle and Traffic law; 10 339, by Senator Skelos, an act 11 to amend the Education Law; 12 699, by Senator Velella, an act 13 to amend the Vehicle and Traffic law; 14 1659-A, by Senator Wright, an 15 act to amend the Vehicle and Traffic Law; 16 2969, by Senator DeFrancisco, 17 an act to amend the Navigation Law; 18 3812, by Senator Wright, an act 19 to amend the Alcoholic Beverage Control Law. 20 Senator Alesi, from the 21 Committee on Consumer Protection, reports: 22 Senate Print 1301, by Senator 23 Velella, an act to amend the General Business 24 Law; 25 5942, by Senator Alesi, an act 1 to amend the General Business Law. 2 Senator Hannon, from the 3 Committee on Health, reports: 4 Senate Bill 336, by Senator 5 Skelos, an act to amend the Public Health Law; 6 1815, by Senator Farley, an act 7 to amend the Public Health Law; 8 5042, by Senator Hannon, an act 9 to amend the Public Health Law. 10 Senator Spano, from the 11 Committee on Labor, reports: 12 Senate Print 799, by Senator 13 Stafford, an act to amend the Labor Law; 14 1097, by Senator Lack, an act 15 to amend the Labor Law; 16 1417, by Senator Wright, an act 17 to amend the Workers' Compensation Law; 18 1560, by Senator Maltese, an 19 act to amend the Labor Law and the Penal Law; 20 2633, by Senator Spano, an act 21 to amend the Labor Law; 22 2842, by Senator Wright, an act 23 to amend the Workers' Compensation Law; 24 4143, by Senator Spano, an act 25 to amend the Workers' Compensation Law; 1 5986, by Senator Spano, an act 2 to amend the Labor Law. 3 Senator Maziarz, from the 4 Committee on Aging, reports: 5 Senate Print 1920, by Senator 6 Libous, an act to amend the Vehicle and 7 Traffic law; 8 2338, by Senator Farley, an act 9 to amend the Education Law. 10 Senator LaValle, from the 11 Committee on higher education, reports: 12 Senate Print 35, with 13 amendments, by Senator LaValle, an act to 14 amend the Education Law; 15 303, with amendments, by 16 Senator LaValle, an act to amend the Education 17 Law; 18 3200-A, by Senator LaValle, an 19 act to amend the Education Law; 20 3201, by Senator LaValle, an 21 act to amend the Education Law; 22 4389-A, with amendments, by 23 Senator LaValle, an act to amend the Education 24 Law; 25 5592, by Senator LaValle, an 1 act to amend the Education Law. 2 Senator Saland, from the 3 Committee on Children and Families, reports: 4 Senate Print 489, by Senator 5 Saland, an act to amend the Family Court Act; 6 557-A, by Senator Skelos, an 7 act to amend the Social Services Law; 8 1483, by Senator Spano, an act 9 to amend the Social Services Law; 10 3455, by Senator Saland, an act 11 to amend the Family Court Act; 12 4857, by Senator Saland, an act 13 to amend the Social Services Law; 14 5372-B, by Senator spano, an 15 act to amend the Social Services Law. 16 Senator Marcellino, from the 17 Committee on Environmental Conservation, 18 reports: 19 Senate Print 1391, by Senator 20 Marcellino, an act to amend the Environmental 21 Conservation Law; 22 2369, by Senator Larkin, an act 23 to amend the Navigation Law; 24 4126, by Senator Marcellino, an 25 act to amend the Environmental Conservation 1 Law; 2 4127, by Senator Marcellino, an 3 act to amend the Environmental Conservation 4 Law. 5 Senator Goodman, from the 6 Committee on Investigations, Taxation and 7 Government Operations, reports: 8 Senate Print 335, by Senator 9 Skelos, an act to amend the Executive Law; 10 4249, by Senator Stafford, an 11 act to amend the Tax Law; 12 5940, by Senator Volker, an act 13 to amend the Tax Law. 14 Senator Nozzolio, from the 15 Committee on Crime Victims, Crime and 16 Correction, reports: 17 Senate Print 5229, by Senator 18 Nozzolio, an act to amend the Executive Law. 19 Senator Holland, from the 20 Committee on Social Services, reports: 21 Senate Print 480, by Senator 22 DeFrancisco, an act to amend the Social 23 Services Law; 24 2469, with amendments, by 25 Senator Maltese, an act to amend the Social 1 Services Law; 2 4120-A, by Senator Holland, an 3 act to amend the Social Services Law. 4 All bills directly to third 5 reading. 6 ACTING PRESIDENT MARCELLINO: 7 Without objection, all bills are reported 8 directly to third reading. 9 Reports of select committees. 10 Communication and reports from 11 state officers. 12 Motions and resolutions. 13 Chair recognizes Senator 14 Bruno. 15 SENATOR BRUNO: Mr. President, 16 can we now return to reports of standing 17 committees and receive the report from the 18 Rules Committee. 19 ACTING PRESIDENT MARCELLINO: 20 Secretary will read the report of the Rules 21 Committee. 22 THE SECRETARY: Senator Bruno, 23 from the Committee on Rules, offers up the 24 following bill directly for third reading: 25 Senate Print 2430, by Senators 1 DeFrancisco and others, concurrent resolution 2 of the Senate and Assembly. 3 SENATOR BRUNO: Move to accept 4 the report. 5 ACTING PRESIDENT MARCELLINO: 6 The motion is to accept the report of the 7 Rules Committee. All in favor signify by 8 saying aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response. ) 12 The the report is accepted. 13 Senator Bruno. 14 SENATOR BRUNO: Mr. President, 15 can we at this time take up Senate Number 16 2430. 17 ACTING PRESIDENT MARCELLINO: 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 74, by Senator DeFrancisco, Senate Print 2430, 21 concurrent resolution of the Senate and 22 Assembly, proposing amendments to Section 13, 23 14 and 16 of Article III and adding a new 24 section. 25 ACTING PRESIDENT MARCELLINO: 1 On the resolution, the Secretary will call the 2 roll. 3 (The Secretary called the 4 roll. ) 5 ACTING PRESIDENT MARCELLINO: 6 Senator Paterson. 7 SENATOR PATERSON: Mr. 8 President, can we have an explanation on the 9 resolution? 10 ACTING PRESIDENT MARCELLINO: 11 Who's going to -- Senator DeFrancisco, will 12 you give Senator Paterson an explanation? 13 SENATOR DeFRANCISCO: Yes. 14 This is a bill that was passed last year 47 to 15 11, which would be -- which would require 16 second passage through another session, a 17 consecutive session of this legislative body, 18 and it would call for a procedure in state 19 government that will, I believe, lead to an 20 end of the budget process that's been broken 21 for the last 13 years. 22 It's a very simple concept. 23 The concept is basically this: If you don't 24 have an April 1 budget, then we automatically 25 go back to last year's budget. Now, the 1 beauty of it is that nobody -- Democrat, 2 Republican, Governor, Assemblyperson or 3 Senator -- wants last year's budget. 4 Everybody wants something different, whether 5 it be a tax cut, whether it be a spending 6 increase or whatever. 7 There will be a true incentive, 8 I believe, for the three parties to the 9 process, to the budget process, to reach an 10 agreement before April 1 comes and goes. Now, 11 each year the budget has been later, and it's 12 time that we get back to what's required under 13 the Constitution, namely, April 1 and in order 14 -- and if we have something that's a true 15 remedy here, something that really happens, if 16 we don't have a budget, rather than just more 17 rhetoric, I really believe that we will have a 18 much better chance of getting an on-time 19 budget and, if not, and last year's budgets 20 goes into place, then all the schools and all 21 the contractors and all the people that rely 22 on payments from the state will at least know 23 they're going to be paid. They at least know 24 in planning for their next year that we would 25 have a budget consistent with what was passed 1 last year. 2 SENATOR GOLD: Mr. President. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Gold. 5 SENATOR GOLD: I believe there 6 are amendments at the desk, Mr. President. I 7 would offer the amendments, waive their 8 reading and ask to have an opportunity to 9 explain them. 10 ACTING PRESIDENT MARCELLINO: 11 We have, the amendments are at the desk, 12 Senator and we waive their reading and - 13 SENATOR BRUNO: Point of order, 14 Mr. President. 15 ACTING PRESIDENT MARCELLINO: 16 I'm sorry, Senator Bruno. 17 SENATOR BRUNO: I believe that 18 this proposal is out of order without 19 unanimous consent under Rule VI, Section 9. 20 SENATOR GOLD: All right. 21 ACTING PRESIDENT MARCELLINO: I 22 believe it's Section 9 (c) you're looking at, 23 Senator. 24 SENATOR GOLD: Yeah, Mr. 25 President. 1 ACTING PRESIDENT MARCELLINO: 2 Senator Gold. 3 SENATOR GOLD: Yeah. I'm 4 informed by my counsel that my distinguished 5 leader is correct under the new rule, so let 6 me do this. I would then respectfully ask, 7 Senator Bruno, and I didn't mean to ignore 8 that rule, and I appreciate your bringing it 9 to my attention, but I would ask your consent 10 and the unanimous consent of the chamber to 11 offer the amendment. 12 SENATOR BRUNO: That's fine, 13 Mr. President. Thank you, Senator Gold. 14 SENATOR GOLD: Thank you. 15 ACTING PRESIDENT MARCELLINO: 16 All right. We'll waive the reading and if you 17 want to explain it, go directly to your 18 explanation. 19 SENATOR GOLD: Thank you very 20 much. 21 And again Senator Bruno, I do 22 appreciate it. I did not mean to be 23 discourteous to you in that regard. 24 Firstly, Senator DeFrancisco, 25 there's always a lot of politicking in this 1 house and using issues for the wrong reason. 2 I will say this before I say anything else, 3 that I'm convinced that your offering this 4 amendment is a sincere one, because I know how 5 you feel about the issue and if it was up to 6 you, I guess we'd have an on-time budget; but 7 the thing that bothers me the most is that 8 whether or not this Legislature is accurately 9 portrayed as a strong leadership Legislature 10 or whether we as members have more power than 11 the press thinks we have, the way to go in my 12 opinion is not by confrontation and press 13 release, and I know that there were two press 14 conferences today on this issue, one by the 15 Assembly and one by leadership in this house 16 and I just think that's a horrible way to deal 17 with the issue. 18 I think it's an issue that has 19 certainly come into focus even more so in the 20 last two years than over the 13-year course of 21 late budgets. Part of that problem, in all 22 fairness, Senator DeFrancisco, is not the 23 fault of this chamber or the other chamber. 24 We have had budgets submitted by the Governor 25 that were unacceptable even to the members of 1 his own party in this house, and that has not, 2 in my opinion helped the process. 3 When you say that some people 4 -- you said everyone would not want last 5 year's budgets, so there would be an incentive 6 for everyone to get together and do a budget, 7 and I would just disagree with you in that 8 regard. I think there are some people who 9 would love to have the budget never change and 10 we would have to be cutting vital services in 11 all kinds of fields without us having any say 12 just to get to a bottom line that people say 13 is fiscally responsible even though it may be 14 socially totally irresponsible. 15 In explaining my amendment, 16 though, I would just like to veer off and say 17 that the issue of balancing a budget, the 18 issue of getting a budget in on time is not 19 owned by any particular party. I was very 20 delighted to see in the last few days that the 21 Democratic president of this country is now 22 talking in terms of a balanced budget for this 23 next fiscal year, and that's ahead of the time 24 schedule that's been talked about in the 25 Congress. 1 At any rate, the amendment that 2 I'm offering does a number of things which I 3 think really deal with the issue. I think, 4 Senator, that -- Senator DeFrancisco, that 5 merely saying that, if we don't do our job, we 6 are frozen into a budget from last year is not 7 an answer. That doesn't excuse the fact that 8 we have a job to do. Our amendment that we 9 are offering today, I think, helps us do that 10 job. 11 For example, we ask that the 12 Governor submit his budget by December 1st. 13 Obviously, that gives us a crucial period of 14 time additional to what is now the law in this 15 state. 16 The second part of it deals 17 with conference committees and my 18 understanding is that the distinguished leader 19 of this house said earlier today that he is 20 not opposed to conference committees but he 21 would like it to be only under conditions 22 where we agree on revenues, and I made my 23 comments very clear last year that I think 24 these revenue conferences have not 25 accomplished what they were supposed to 1 accomplish. They've become another political 2 forum, which hasn't helped too much, and I 3 suggest to Senator Bruno and to my colleagues, 4 that perhaps if we had the conference 5 committees you would get some revenue 6 agreement, if not before, then perhaps as a 7 result of those conference committees. 8 We have, in fact, used the 9 conference committees. We've used them 10 successfully in the speed limit 65-mile-an 11 hour legislation, to end the practice of 12 drive-through deliveries. It seems to me 13 there's no reason not to use conference 14 committees on what we debate each year as 15 probably the most important issue of the 16 legislative session, and that's what we're 17 going to charge the taxpayers because that's 18 what we do and what we're going to do with 19 their money. 20 The next part of this proposal 21 deals with what used to be called the "green 22 book", and it just seems to me that everything 23 we do should be out in the open and there 24 should be a summary of legislative budget 25 changes distributed to all of the members 1 prior to voting on the budget bill, and that 2 is part of the proposal. 3 We also have a law in this 4 state which says that the Governor must make a 5 presentation to the Legislature of a balanced 6 budget. It seems to me that the law ought to 7 make it clear that we have to also pass a 8 balanced budget and, while theoretically we 9 say we do that, it's obvious that with the 10 machinations that go on each year that we 11 don't hold to that. 12 The amendment also says that 13 the Governor should propose a four-year fiscal 14 plan as part of the budget in order for all to 15 see the long-term impact of the current budget 16 plan. I believe, Senator DeFrancisco, that 17 these amendments will get the job done and 18 then we don't have to worry so much about - 19 I'll yield in a minute -- about whether or not 20 we are going to be stuck with what may be a 21 stale budget. It may be in a last year's 22 budget reenacted is what we ought to do, but I 23 believe that the Legislature ought to make 24 that determination, and if we were to pass 25 your amendment, Senator, we are frozen in a 1 situation where one of three parties can bind 2 the entire state. 3 Under existing law where we 4 have to do the job ourselves, taken with the 5 amendments that I am suggesting, that is the 6 incentive to do it. Has the budget been 7 politicized? There's arguments that say, 8 Senator, that during some of the Cuomo years 9 there were Republicans that were holding back 10 the budget for political reasons. There are 11 arguments that have been made that during the 12 Pataki years, there are Democrats that have 13 held back the budget for political purposes. 14 People ask me, because of an 15 announcement I made, what changes I've seen 16 over the years and, Senator DeFrancisco, the 17 worst change I've seen over the years is that 18 the whole process has become too political and 19 that some place along the line we lost the 20 people, and I think that the way you pass a 21 budget on time is, if you stop -- I don't mean 22 you, I mean all of us -- stop some of the 23 politics and we get the job, we get it down 24 and do it, and I think one way you get it done 25 is by a program that gets the budget to us 1 earlier, gets us into conference committees 2 and gets us -- really gets us dealing with the 3 problems that are in the budget. 4 ACTING PRESIDENT MARCELLINO: 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: Senator 7 Gold yield to a question? 8 ACTING PRESIDENT MARCELLINO: 9 Senator Gold, do you yield to a question? 10 SENATOR GOLD: If it's easy. 11 SENATOR DeFRANCISCO: What 12 happens if we have conference committees, the 13 Governor submits his budget earlier as he has 14 before, it's done in the open; there's a 15 balanced budget proposed, there's a four-year 16 revenue, four-year budget projection, what 17 happens when it doesn't occur on April 1? 18 SENATOR GOLD: Then, Senator, 19 we look at ourselves and say we have once 20 again failed, but that is our job to do it on 21 time. Our job, Senator -- I think one of the 22 problems is, and you're asking me a very fair 23 question, but I think one of the problems is 24 that last year I saw something which maybe has 25 happened before but I didn't realize it 1 before. 2 After we passed April 1st, I 3 said to myself, you know, I'm getting 4 nervous. I see people on your side of the 5 aisle getting nervous; I see some Assembly 6 people getting nervous. I didn't see the 7 Governor getting nervous, and the Governor 8 didn't seem to get nervous, so the press 9 didn't get too nervous, and the next thing, 10 you know, it just went on and on. I was very 11 disturbed last year, I think the Governor 12 should have been calling more budget meetings. 13 I think the Governor should have just insisted 14 that the people sit at the table and do their 15 work and I'm going to tell you something, if 16 we did my bill and we had the early budget and 17 we had the conference committees and if all of 18 that was going on and the Democratic Majority 19 in the Assembly, for political reasons, was 20 sabotaging the process, I would say shame on 21 them, and if it was reversed and we did it, I 22 would say shame on us; but we have a job to do 23 and by merely saying to the people that 24 something is in place when we fail and that 25 something affects their lives, it affects the 1 education of their children, it affects 2 whether or not their children may be able to 3 go to higher education, educational 4 institutions, it will affect their health care 5 and say, Don't talk to me, the budget is out 6 there and you've got a budget, I think that's 7 an abdication of responsibility. 8 ACTING PRESIDENT MARCELLINO: 9 Any other Senator wish to be heard on the 10 amendment? 11 SENATOR DOLLINGER: Yes, Mr. 12 President. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Dollinger. 15 SENATOR DOLLINGER: Mr. 16 President, I rise in support of Senator Gold's 17 amendment. I just want to address one of them 18 and that is the issue of the conference 19 committees. 20 I served by appointment of the 21 President on a conference committee involving 22 the Power for Prosperity project. I have 23 relayed to the members of this chamber before 24 the substantial success of that conference 25 committee in working on some very thorny 1 issues relating to the allocation of 2 discounted power throughout the state, how we 3 were going to generate it, how it was going to 4 be allocated, which businesses would qualify, 5 some very contentious issues, both on a 6 philosophical level and a political level, 7 with the other chamber. 8 I thought it was a very 9 productive process, all conducted in the open, 10 most of it conducted in the open and a good 11 give and take on political issues that affect 12 the landscape of power issues and energy 13 generation issues in this state. 14 I believe that the conference 15 committees is the proper way to approach the 16 budget process as well. There's nothing that 17 says that we can't have the conference 18 committees meet relatively early, come up with 19 a list of priorities for the budget, 20 contribute to the budget formation process. 21 The amendments that Senator Gold suggests 22 don't necessarily suggest that we'll get to an 23 agreement. They don't guarantee an agreement, 24 but what they guarantee is that if you have 25 good process, you'll have good substance. The 1 better the process gets, the more public par 2 ticipation, the more public discussion, the 3 more of an opportunity to discuss the issues 4 in a broader context rather than just in the 5 quietude of this building, the better the 6 budget process will be. 7 I strongly endorse the idea of 8 conference committees. Our success in the 9 last three years with conference committees 10 has been substantial. It is clearly the wave 11 of the future. It's about time we looked at 12 this atrocious budget process and realized 13 that the solution is not less democracy, it's 14 more democracy. You get more democracy when 15 you bring more people into the process. 16 May it make a difficult -- an 17 agreement more difficult to achieve? It 18 might. I acknowledge that. There could be 19 too many cooks to spoil this broth, but every 20 one of the cooks should know what the 21 ingredients are before we make this soup that 22 we call the budget. 23 I strongly endorse the idea of 24 conference committees. I strongly suggest 25 that we support this amendment because it's 1 the right thing to do. 2 ACTING PRESIDENT MARCELLINO: 3 Any other Senator wish to be heard? 4 Not hearing any, I would just 5 like to remind the chamber, the members in the 6 chamber, that a yes vote would be in favor of 7 Senator Gold's amendment, a no vote will be in 8 opposition to Senator Gold's amendment. 9 The vote is on the amendment. 10 All those in favor of Senator Gold's 11 resolution, signify by saying aye. 12 (Response of "Aye.") 13 Those opposed, respond by 14 saying nay. 15 (Response of "Nay.") 16 The nays have it. The 17 resolution fails. The amendment fails. 18 SENATOR DOLLINGER: We still on 19 the constitutional amendment? 20 ACTING PRESIDENT MARCELLINO: 21 Yes, we are, Senator. 22 SENATOR DOLLINGER: I just have 23 a couple quick questions of the sponsor, if I 24 could. 25 ACTING PRESIDENT MARCELLINO: 1 Senator DeFrancisco, do you yield to a couple 2 questions? 3 SENATOR DeFRANCISCO: Yes. 4 SENATOR DOLLINGER: Through 5 you, Mr. President: Is the phrase "entire 6 budget" defined in the New York State 7 Constitution? 8 SENATOR DeFRANCISCO: I don't 9 know the answer to that question, but I would 10 assume that we've been doing a budget the last 11 how many years we've been in existence since 12 the Constitution came in place. There must be 13 at least a practice as what the entire budget 14 is, but I don't know if it's specifically 15 stated in the Constitution. 16 SENATOR DOLLINGER: So we don't 17 -- when the phrase is used in this amendment, 18 we don't -- it's nowhere defined in this 19 amendment, is it? 20 SENATOR DeFRANCISCO: No, it's 21 not defined here but as I said, just like in 22 the practice of law where there is a practice 23 or a precedent of what we've been doing in the 24 past. I don't think it's in the 25 Constitution. 1 SENATOR DOLLINGER: O.K. Again 2 through you, Mr. President, just briefly. Is 3 the issue, the budget include tax cuts, taxing 4 authority, or is it simply expenditures? 5 SENATOR DeFRANCISCO: The 6 budget would be the entire budget just like 7 last year. 8 SENATOR DOLLINGER: Well, but 9 we do the budget -- again through you, Mr. 10 President. We do it in about seven or eight 11 pieces, including tax cut pieces and other 12 pieces. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Bruno. Excuse me, Senator Dollinger. 15 Senator Bruno. 16 SENATOR BRUNO: Excuse me, Mr. 17 President, but I would ask the indulgence of 18 Senators DeFrancisco and Dollinger and ask at 19 this time that we lay this bill aside 20 temporarily and then we will take it back up 21 when we have finished some other business that 22 we have to do in this chamber that hopefully 23 will be less controversial and not have people 24 here in the chamber just standing by and 25 waiting, Mr. President. 1 So can we move back to the 2 privileged resolution calendar. I believe 3 that there is a resolution there that I would 4 ask that it be read in its entirety and move 5 for its immediate adoption. 6 ACTING PRESIDENT MARCELLINO: 7 We can do that. We'll lay this bill aside 8 temporarily, Senator, and at your request and 9 move to the Resolution Calendar. The 10 Secretary will read the resolution in its 11 entirety. 12 THE SECRETARY: By Senator 13 Bruno, Legislative Resolution commending 14 Raymond C. Skuse upon the occasion of his 15 retirement after many years of dedicated 16 public service. 17 WHEREAS, it is the sense of 18 this legislative body to acknowledge and 19 recognize the life and accomplishment of those 20 individuals who have contributed greatly to 21 their community, devoting their purposeful 22 lives and careers to the bettering of their 23 communities. 24 This legislative body is justly 25 proud to commend Raymond C. Skuse upon the 1 occasion of his retirement after many years of 2 dedicated public service. 3 Born April 28, 1920, in 4 Rochester, New York, Raymond Skuse, formally 5 trained in the banking industry, moved to 6 Albany in 1955 to pursue a career in a family 7 business. As the business grew and as he 8 became better acquainted with the Albany 9 community, he decided to devote time to local 10 politics and volunteered as a committeeman in 11 the city of Albany. He became Ward Leader of 12 the 13th District, at that time the largest 13 district in the city. 14 Raymond Skuse ran for state 15 Assembly in the 102nd Assembly District in 16 1968 and won. 17 During his tenure in the 18 Assembly Raymond Skuse served as chair of the 19 Assembly Subcommittee on Higher Education. He 20 introduced and had signed into law legislation 21 which changed the governance of the Albany 22 City School Board from an appointive one to an 23 elected one. 24 Raymond Skuse was hired by the 25 New York State Teachers Association as 1 Legislative Coordinator in 1970. After the 2 merger of NYSTA and the United Teachers of New 3 York, he was promoted by NYSUT's leaders, 4 making him the union's first and, until his 5 retirement, only Director of Legislation and 6 VOTE/COPE. 7 Raymond Skuse spent 27 years 8 building a non-partisan political action and 9 legislative operation second to none in the 10 state of New York. Working with four 11 governors, five Assembly speakers and three 12 Senate Majority Leaders, he guided the union's 13 legislative program securing scores of 14 legislative victories. Bellwether 15 legislation, such as the creation of Teacher 16 Resource and Computer Training Centers and the 17 Mentor Intern Program was negotiated during 18 his tenure. Also state aid to public 19 education grew to nearly $11 billion as a 20 hallmark of his representations to the members 21 of the Legislature. 22 Through his long and sustained 23 commitment to exemplary community service, 24 Raymond Skuse has so demonstrably advanced the 25 perception of New York State as a caring and 1 united amalgam of communities. 2 With him throughout have been 3 his wife of 52 years, Lois, his son Charles 4 and his wife Judy, and his two grand 5 daughters, Amanda and Katherine, all of whom 6 have been privileged to be a part of his life 7 and rejoice in his achievements; and 8 WHEREAS, rare indeed is the 9 impressive dedication shown by an individual 10 for the benefit of his community as that which 11 has been demonstrated by Raymond Skuse 12 throughout his purposeful life and 13 distinguished career; 14 NOW, THEREFORE, BE IT RESOLVED 15 that this legislative body pause in its 16 deliberations to commend Raymond Skuse upon 17 the occasion of his retirement after many 18 years of distinguished service; and 19 BE IT FURTHER RESOLVED that a 20 copy of this resolution, suitably engrossed, 21 be transmitted to Raymond C. Skuse. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Bruno. 24 SENATOR BRUNO: Thank you, Mr. 25 President. 1 I would like to say hello to 2 Ray Skuse, his wife Lois, family and friends, 3 and have them welcomed to this chamber and 4 this chamber is a familiar place for Ray, and 5 his family, because he spent a lot of years 6 here, and as the Journal Clerk so ably stated 7 in the resolution, Ray has had a lifetime of 8 service in so many different ways to make a 9 positive impact on the people of this state. 10 Ray, I wouldn't have said this 11 other than on an occasion like this, but you 12 will recall when we first met, I worked for 13 you, and -- you didn't know that, and that was 14 a few years ago, before Ray arrived in his 15 present capacity where he has served various 16 chairs for the last 27 years, but as you 17 heard, Ray was in the Assembly, and I was on 18 Speaker Duryea's staff at that time -- I think 19 you (indicating Senator Gold) were there - 20 and Ray -- I was assigned to Ray as one of the 21 people that was there to be helpful to Ray, 22 but what I found out very quickly at my tender 23 age was that Ray didn't need a lot of help. 24 Ray knew very well how to take care of 25 himself, how to relate, how to communicate, to 1 his colleagues, to his constituents and 2 especially to me, helping me understand that 3 he was where he was, and we struck up a 4 relationship and a friendship and, Ray, I 5 remember it well in all the times that we 6 talked and we visited about a lot of the 7 things that were going on in your life and in 8 our life and I treasure those times and those 9 memories and as we have met in different 10 capacities as a Senator and then as the 11 leader, I have reflected on those times and I 12 think it has held us in good stead, because 13 you have certainly represented all of the 14 people in this state by just being so 15 diligent, so conscientious in the things that 16 you have done to improve the quality of 17 education in this state, and I'm sure all of 18 us can agree that there isn't anything that is 19 more important than that we look after the 20 educational needs of young people in the state 21 of New York; and if there has ever been a 22 person with a mission, it has been you who 23 have made sure, you've always made sure that 24 we stay focused on the importance of funding 25 the teachers, making sure that the classrooms 1 are what they should be, teachers are what 2 they should be, administrators are what they 3 should be. 4 And you're going to be missed, 5 that's for sure. You're going to be missed in 6 the process, and you're going to be followed 7 by people that are going to have themselves 8 one huge job, and I am confident that we are, 9 because you're able and you're well, and thank 10 the good Lord healthy, and you're going to 11 live a lot more years and many more decades, 12 and I'm sure that we are going to visit, going 13 to talk, hopefully you may be a little more 14 leisurely. I'll buy lunch the first time; 15 you're up the second time, and the way Ray 16 likes to do it, only usually he wants to go 17 first, but we're going to do that and I'm sure 18 that you're going to be staying in touch in 19 your community. 20 It will be a blessing to you 21 and to your wife, Lois, and your family and 22 your friends, that you'll be more leisurely, 23 you will be able to do some of the things that 24 I know you haven't been able to do because you 25 have spent just so much time doing the things 1 that you do so well, representing your 2 constituency and helping us understand how 3 important your constituency has been to all of 4 the people in this state and we're all better 5 for that. 6 So the very best to you, and we 7 look forward to an opportunity to visit in a 8 more leisurely way. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MARCELLINO: 11 Thank you, Senator Bruno. 12 Senator Connor. 13 SENATOR CONNOR: Thank you, Mr. 14 President. 15 Mr. President, my friend Ray 16 Skuse, Ray, I revised my remarks as Senator 17 Bruno was relating to something that I didn't 18 know, that you were an early mentor of his. 19 But I don't hold it against you, and actually, 20 he -- may have taught him something. 21 But, Mr. President, I served in 22 this body now 20 years and someone whom I've 23 regarded as a friend for many years is Ray 24 Skuse, and I say "friend" because Ray had a 25 job to do, and he did it so very, very well, 1 indeed he did it better than just about 2 anybody else, his job of representing his 3 client to this Legislature, and he did it by 4 force of -- by the quiet force of persuasion 5 where he always told the truth, he always told 6 the position. He'd tell you the couple of 7 little minuses to his position because he 8 never wanted to mislead you, and then he would 9 advocate on behalf of his client, not just his 10 client, a union, but the greater interest 11 involved in many of the issues dealing with 12 the schools, with education, with teaching, 13 with quality in the schools, with funding that 14 have come up over the years; and he was so 15 very, very effective because he had a 16 universal, a well deserved universal 17 reputation among the membership of the 18 Legislature as a truthsayer, as a quiet-spoken 19 but incredibly knowledgeable advocate and also 20 someone who would never lead a member astray 21 just to persuade him to vote, him or her to 22 vote in a certain way, but would also said it 23 as it was, and I don't think he really needs 24 my testimony or anybody else's here to add to 25 his legend because Ray Skuse is a legend, he 1 is a legend, an acknowledged legend in the 2 state of New York because of so -- so many 3 accomplishments; because he did his job so 4 very, very well, and the one thing that I have 5 certainly benefited from is his wise counsel, 6 because the fact is, and I made a joke before, 7 but Ray Skuse is someone that leaders -- new 8 leaders, people who hope to be leaders, people 9 who are members -- have over the years taken 10 counsel from him because he is a patient man. 11 He's certainly pleasant company, and he's a 12 very, very wise man who is not selfish with 13 sharing his insights with members of the 14 Legislature, not just about the things he's 15 concerned about or his client is concerned 16 about, but by the state in general, the 17 Legislature in general, and so many, many 18 other things that come before us. 19 I have valued his friendship. 20 I have valued his loyalty. I have valued the 21 fact that he is the straightest of the 22 straight-shooters in this Capitol. As always 23 has been, I wish him well. He deserves the 24 time with his wife, his family. He deserves 25 the time to pursue his many other talents and 1 interests. 2 Something tells me we will not 3 go long without seeing his pleasant smile and 4 friendly voice around this Capitol. And so I 5 do look forward, Ray, to an ongoing friendship 6 but I wish you well as you go into this new 7 level of activity. 8 So, Mr. President, I'm 9 delighted to join with Senator Bruno and I 10 assume the whole body will co-sponsor this 11 resolution, and to join with Senator Bruno in 12 honoring a truly remarkable, wonderful, 13 enjoyable person, Ray Skuse. 14 ACTING PRESIDENT MARCELLINO: 15 Thank you, Senator. 16 Senator Padavan. 17 SENATOR PADAVAN: Thank you, 18 Mr. President. In the 26 years that I've had 19 the honor of being a member of this body, I 20 don't recall ever having felt the need or the 21 desire to reach out to a lobbyist for help, 22 guidance, counsel, except one case, and that 23 is with Ray Skuse. 24 Asking him to come to meet with 25 me and discuss an issue involving education 1 was a very pleasant exercise. It was almost 2 therapy, good therapy, because he's the type 3 of individual who, when he sits with you and 4 you enter into a dialogue on whatever the 5 matter may be, as complicated as it may be, as 6 contentious as it may be, or whether you agree 7 or don't agree, you had the sense that this 8 was an individual who not only cared about his 9 basic mission, which is education, which has 10 been his life for so many years, but he cared 11 about you and how you approached the issue and 12 what you thought of the problem, and how you 13 sought to solve it. 14 There's one phrase that I think 15 identifies this charming individual is that 16 he's a perfect gentleman, has always been a 17 perfect gentleman in every way, shape or form, 18 in the most trying, the most stressful 19 situations that you could imagine. He 20 represented his principals with clarity and 21 with fidelity, but he also represented us. He 22 would listen. If we took a position that was 23 contrary to that he was representing, he would 24 come to you after the fact and say, You know, 25 I heard what you said. You might have a 1 point. I will go back, discuss it, see if we 2 can come up with some way to resolve it. 3 That's a very rare experience 4 that any of us have ever had. With all due 5 respect for all the fine men and women who 6 represent legions of entities throughout the 7 state and come here to Albany and lobby, I 8 don't think I would miss any of them with this 9 exception. 10 So, Ray, we wish you Godspeed, 11 good health, and happiness. 12 ACTING PRESIDENT MARCELLINO: 13 Thank you, Senator Padavan. 14 Senator Gold. 15 SENATOR GOLD: Thank you, Mr. 16 President. 17 Mr. President, it's funny how 18 people are out there working, and we don't 19 even -- don't even know sometimes what's 20 happening around the corner, because as 21 Senator Bruno mentioned that in those Assembly 22 days he was assigned by Perry Duryea to work 23 with Assemblyman Skuse and, of course in '68, 24 those days I was counsel to the Majority 25 Leader of the Assembly and my job was to see 1 that Ray didn't go astray, pay attention to 2 those crazy Republicans. 3 I was elected to the Assembly 4 in early 1970, in a special election, so I had 5 an little time there with Ray, of course, as 6 it was pointed out, he left the Assembly after 7 1970, and that was one of the reasons, Ray, I 8 left the Assembly there in '71. I wasn't 9 going to serve if you weren't there. Didn't 10 make any sense. 11 I want to, first of all, adopt 12 for myself the comments that were made by 13 Senator Connor, and as Guy Brewer of blessed 14 memory used to say, not only the logic but 15 I'll accept his English. That's the ultimate 16 compliment, as Senator Marchi knows. 17 But just to add to it the 18 bottom line that everyone knows in this 19 Legislature is that if you had to very briefly 20 describe Ray Skuse, it's easy; he is the 21 ultimate gentleman. If you look in the 22 dictionary under "gentleman" you will find his 23 picture. He is the ultimate gentleman, and I 24 have seen Ray discuss issues that were 25 tremendously emotional and significant, and he 1 would speak to the individual he was speaking 2 to in a gentlemanly direct way and there was 3 no doubt about it but that behind that soft 4 spoken gentleman was a total firmness and 5 commitment to the principles that he was 6 espousing. You knew he believed it. You knew 7 that if he said it, he believed it, if he 8 didn't believe it, he wouldn't say it. Might 9 hear it from somebody else, but you wouldn't 10 hear it from Ray Skuse, and to his great 11 credit, there are a lot of pressures in this 12 Legislature put on people who lobby, and 13 whatever there is that makes certain people 14 yield in one way or another, I can tell you 15 that one of the reasons Ray Skuse is admired 16 so much is that he has always been right down 17 the middle in terms of respecting every member 18 of the Legislature. 19 There are too many people up 20 here who are very snobby about the way they 21 react to legislators and if you're in the 22 Minority, if you're in the Assembly, if you're 23 this, you're that, you get a different 24 treatment. Ray Skuse, to everyone in this 25 Capitol, be it the Majority Leader of this 1 house, be it the Governor, be it the people 2 who run the elevators, everybody, behind his 3 back would tell you that that man is the 4 ultimate gentleman. 5 I am delighted to be a sponsor 6 of this resolution, one of 61. Makes me very 7 proud. Ray, I only wish you from the bottom 8 of my heart the best of health to enjoy these 9 years and that your family should have good 10 health to enjoy them with you. Every good 11 thing that happens to you from here on in, you 12 have earned. God bless you. 13 ACTING PRESIDENT MARCELLINO: 14 Thank you, Senator Gold. 15 Senator Lachman. 16 SENATOR LACHMAN: I rise also 17 to praise Ray Skuse, but not only as a New 18 York State Senator who has served briefly but 19 as an educator who has been an educator almost 20 as long as Ray Skuse has been in his present 21 position. Ray Skuse is living proof that Leo 22 Durocher, the manager of the Brooklyn Dodgers, 23 one of the greatest baseball teams of all 24 time, was dead wrong when he said that nice 25 guys finish last, because this nice guy 1 finished first. 2 Now, before coming to Albany 3 Ray Skuse was a living legend to the teachers 4 and the academics of New York State, and I met 5 this living legend and I verified that 6 everything I had heard was true. But in 7 praising Ray Skuse, the individual, we can not 8 forget the time when Ray Skuse assumed his 9 position as the legislative director, that he 10 held for 28 years and the implications of 11 those times to these times. 12 Ray assumed his position 13 shortly after an unheralded merger of two 14 major labor unions in New York State, the AFT, 15 the American Federation of Teachers, and the 16 National Education Association. It was tried 17 in other states; it didn't work as well. It 18 was tried in this state and it succeeded, and 19 God willing, it will shortly succeed 20 nationally because of the work that Ray Skuse 21 has done making it the most powerful labor 22 union in the nation. 23 Two, Ray Skuse came into his 24 present position shortly after teachers gained 25 the right to collective bargaining. I 1 remember the time when teachers could be 2 presumptuously fired, laid off if they dared 3 do anything that the officials at the board of 4 education -- of course, before I arrived at 5 the board of education, Ray -- deemed to be 6 inappropriate, and that right is a major right 7 that we should preserve into the future. 8 And there's a third thing that 9 I'd like to mention. Ray Skuse came into his 10 present position shortly after several dozen 11 teachers and professors in New York State were 12 summarily dismissed because of political 13 positions that were deemed to be inappropriate 14 during the period known as McCarthyism. That 15 was ruled to be unconstitutional by the U. S. 16 Supreme Court. Unfortunately, many of those 17 teachers never received their back pay because 18 they had died in the interval between the case 19 being brought to court and the court 20 adjudicating. 21 That reveals to us the 22 importance of the due process rights that 23 every educator in the state of New York 24 deserves to have and deserves to continue in 25 the future. These are the principles that Ray 1 Skuse stands for, and these are the principles 2 that have developed into a professional 3 organization of educators that is the leading 4 organization in this nation. 5 So in saluting you in your 6 active retirement, Ray, we salute your 7 organization and I hope that your organization 8 will have the good sense and wisdom, if it is 9 legal and ethical, to have you back as a 10 consultant in the future. 11 Thank you. 12 ACTING PRESIDENT MARCELLINO: 13 Thank you, Senator Lachman. 14 Senator Spano. 15 SENATOR SPANO: Thank you. 16 Thank you, Mr. President. 17 You know, when I was first 18 elected to the Legislature 20 years ago, one 19 of the first people I had an opportunity to 20 meet and speak to was Ray Skuse. Then I was a 21 young member of the Assembly representing the 22 city of Yonkers, represented that city of 23 Yonkers through its darkest days in the fiscal 24 crisis of the late '70s and '80s and one 25 person who was always there to reach out and 1 talk to me when, frankly, I couldn't really do 2 a lot for him then as a minority member of the 3 Assembly, but it was Ray Skuse. 4 Someone through the years and I 5 was elected to the Senate and became the 6 chairman of the Senate Labor Committee, was 7 always someone I knew I could turn to, you 8 would get a straight answer from him. You 9 could talk to him and he has the most comfort 10 ing style. He was like father confessor where 11 he would look at you, look you right in the 12 eye and putting his hand on your shoulder and 13 say, "I know, I know, we'll work through this 14 problem." 15 Even when he had some 16 unreasonable people maybe within his own 17 organization and he had a responsibility to 18 represent, he would always find a way of 19 coming right down the middle road and it's a 20 style that was a very effective style, a style 21 that was welcome at a time when sometimes you 22 meet people who are -- who feel their self 23 importance in the halls of this Legislature 24 and he's someone who, while we knew the 25 numbers of the hundreds of thousands of people 1 that he spoke for and particularly not only 2 teachers, but our young people that they have 3 responsibility to educate in our state, he was 4 always someone who always kept that comforting 5 style, so in the -- this reputation, Ray, is 6 one that will live and I mean very often we 7 see hundreds and hundreds of people, and 8 Senator Marchi mentioned yesterday seeing 9 hundreds of people in the days -- the years 10 since he's represented the people of New York 11 State in the Senate. Every once in a while, 12 though, you see someone who really will leave 13 their mark, will leave their mark in this 14 Legislature, will leave their mark for the 15 people he's represented in terms of the people 16 he's represented in this state, leave their 17 mark in the house of labor for someone who can 18 be looked up to for those of us who represent 19 the people of this state and for those who are 20 embodied with the responsibility to represent 21 the working men and women of this state. 22 So, Ray, I wish you the best. 23 You know, it was just this week that we had 24 the sad opportunity to stand here and to talk 25 about our good friend and colleague, Mike 1 Tully, when he was not here to really smell 2 the roses, and it's really nice that we have 3 the opportunity here today to say thank you 4 for the job you continue to do, to say that we 5 all look up to you and we all wish you the 6 very best in your retirement. 7 ACTING PRESIDENT MARCELLINO: 8 Any other Senators wish to be heard on this 9 resolution? 10 The question is on the 11 resolution. All in favor signify by saying 12 aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response. ) 16 The resolution is passed and as 17 one, Mr. Skuse, who taught in the New York 18 City school system for 20 years and benefited 19 from your representation here personally, my 20 family and I thank you very much on behalf of 21 all my colleagues and wish you well. 22 (Applause). 23 Senator Bruno, the Chair is 24 aware that you would like to open the 25 resolution for co-sponsorship. 1 SENATOR BRUNO: Yes, please do, 2 Mr. President, and hopefully everyone I'm sure 3 in the chamber wants to be on the resolution, 4 so we'll add every name. 5 ACTING PRESIDENT MARCELLINO: 6 The Chair will accept the fact that all 7 members will be placed on the resolution 8 unless otherwise notified. 9 Can we return now to the - 10 SENATOR BRUNO: Third reading 11 calendar, Mr. President, and Senator 12 DeFrancisco. 13 ACTING PRESIDENT MARCELLINO: 14 -- third reading calendar and to the 15 ongoing - 16 SENATOR BRUNO: And thank you. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Dollinger, you were eliciting an 19 answer from Senator DeFrancisco. 20 SENATOR DOLLINGER: Thank you, 21 Mr. President. 22 ACTING PRESIDENT MARCELLINO: 23 Oh, I'm sorry. Could we recall Senate 2430. 24 THE SECRETARY: Calendar Number 25 74, by Senator DeFrancisco, Senate Print 2430, 1 concurrent resolution of the Senate and 2 Assembly. 3 ACTING PRESIDENT MARCELLINO: 4 Senator. 5 SENATOR DOLLINGER: Again 6 through you, Mr. President, if Senator 7 DeFrancisco would just yield. I think we were 8 talking about the issue of tax cuts, about we 9 pass multi-year tax cuts which are not part of 10 the budget, which have effective dates at 11 specific times. We've put many in place in 12 the past four or five years. 13 How do those affect this 14 amendment since there would be insufficient 15 revenues to support a budget, if we simply 16 rolled over the budgets, the spending part of 17 the budget but we had tax cuts going into 18 effect that would throw the budget out of 19 balance? 20 SENATOR DeFRANCISCO: Well, the 21 budget bills are one-year bills. If there is 22 a permanent bill such as a three-year tax cut 23 those would be law, and you're presuming that 24 there would be not enough money to pay for 25 those tax cuts, but assuming it's a surplus 1 year, there probably would be and if there 2 isn't, then we're no different than any year 3 that we've passed a one-year budget that we 4 get to the end of the year and find out we 5 don't have enough money and we got to come 6 back as has been done in the past in this body 7 although, fortunately not since I've been a 8 member, come back and have to pass amendments 9 to the budget in view of what's happened, 10 there being insufficient funds. 11 SENATOR DOLLINGER: A final 12 question, Mr. President, if you yield. 13 ACTING PRESIDENT MARCELLINO: 14 Senator DeFrancisco, do you continue to 15 yield? 16 SENATOR DOLLINGER: Could you 17 just explain to me - 18 ACTING PRESIDENT MARCELLINO: He 19 yields, sir. 20 SENATOR DOLLINGER: -- where in 21 the language of this amendment it says that if 22 there's no budget by April 1st, the last 23 year's budget takes effect but if we reach 24 agreement on April 2nd, that that budget 25 supersedes the rehabilitated or the extended 1 budget of the Governor? 2 SENATOR DeFRANCISCO: It 3 doesn't say that, but if we had a three-way 4 agreement on a budget by April 1 and a miracle 5 took place and that happened without a bill 6 such as this, without a constitutional change 7 such as this, just like I mentioned with 8 respect to your prior question, in the event 9 that something changed, that doesn't prevent 10 the Legislature or the Governor to come up 11 with a three-way agreement to amend the 12 budget. It would just be, in this situation, 13 with this bill, it would be last year's 14 budget. In the situation where we come up 15 with a three-way agreement, the amendment 16 would be amending the three-way agreement that 17 became the budget. 18 SENATOR DOLLINGER: O.K., but 19 there is nothing specific -- again through 20 you, Mr. President -- nothing specific in this 21 amendment that says the Legislature has the 22 power to extend the extend the budget created 23 by this -- by the operation of this 24 amendment. 25 SENATOR DeFRANCISCO: It 1 doesn't say that. It just -- it doesn't have 2 to say that. There's no provision in the 3 Constitution that says that, if we have a 4 three-way agreement and eight months down the 5 road or six months down the road something 6 changes, there's nothing that says you can, 7 therefore, amend your budget, and this simply 8 would be last year's budget, now becomes this 9 year's budget and we're in the same position 10 if it was a three-way agreement or it was 11 imposed upon the April 1 budget. 12 SENATOR DOLLINGER: Again 13 through you, Mr. President. So that doesn't 14 necessarily agree that the budget would be 15 done by April 1st, just means that the 16 Governor's budget carries over. Isn't that 17 pretty much what we do with the continuing 18 resolutions every year that we've been here in 19 the past? 20 SENATOR DeFRANCISCO: 21 Absolutely not. There is a substantial 22 difference, and the difference is that 23 continuing resolutions we could do a 24 one-weeker, we could do a two-monther; we 25 could do a one-dayer. We could do all kinds 1 of different gimmicks which provides no 2 assurances to anybody that there's going to be 3 any funds coming week to week to week. At 4 least for planning, for example, for school 5 districts we know the April 1 budget is going 6 to be the budget this year unless it's later 7 amended, and I think it's a very, very, very 8 substantial difference, and secondly, if one 9 house, for example, says, Enough is enough, 10 August 5th is plenty, I'm not coming back any 11 more for any budget, there is a budget in 12 place, April 1 budget from the prior year. 13 SENATOR DOLLINGER: Mr. 14 President, on the -- on the amendment. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Dollinger, on the amendment. 17 I voted for this amendment last 18 year; I'm going to vote for it again. I do 19 believe it needs a little more clarity. I 20 would define the phrase "entire budget" to 21 specify exactly what's included in the budget 22 package, whether it includes both 23 appropriations and tax cuts. I think to use a 24 phrase like "entire budget" which is probably, 25 my guess is, Senator, different from the 1 phrase which is now used which is simply 2 "budget", that's going to put the courts in a 3 position where they're going to have to try to 4 weed out what's actually affected by this 5 amendment. 6 I would also put in a specific 7 provision that says that the Legislature shall 8 have the power, in the event that this 9 amendment is triggered by the failure to 10 arrive at an agreement by April 1st, that any 11 subsequent time the budget may be amended by 12 the Legislature in any way that it deems 13 appropriate, to clarify that problem of what 14 happens after April 1st, and I would also 15 think that you have to include some language 16 with respect to the tax cuts, because 17 otherwise we're going to have a budget 18 agreement which is defined as our budget, and 19 we're going to have tax cuts that are 20 triggered April 1st and we're going to 21 immediately run into a deficit problem. You 22 may have a surplus; you and I have both been 23 fortunate to be here, I think the entire time 24 we've been here there have been extra monies 25 available, a wonderful thing for this state, a 1 wonderful thing for budgeters to have more 2 money, but there are members in this chamber 3 the year before we got here, couple of years 4 before we got here who ran into a problem 5 where there suddenly wasn't enough money and 6 obligations that had to be paid and we had to 7 substantially cut back some of those payments 8 to school districts and do other things that 9 disrupted communities and created the kind of 10 uncertainty that our lack of budget agreement 11 has also created. 12 So we end up with an impact on 13 the state, whether we don't get the budget 14 done on time or whether we do get it done on 15 time and then run into a deficit situation 16 later on in the year. I would be afraid 17 because of the automatic triggering of the tax 18 cuts that this amendment may run into a 19 problem; so I would suggest in the 20 negotiations with the other house if we get to 21 that point, that a little more draftsmanship 22 in defining the phrase "entire budget", 23 defining what you mean by the tax cuts which, 24 as you know, we've used multi-year approaches 25 to the tax cuts, and then specify exactly what 1 happens when the Governor's budget is extended 2 to give the Legislature -- make sure it's 3 clear that the Legislature has the ability 4 upon agreement of all the houses and the 5 Governor, to go back, make the changes and 6 even, if necessary, make them retroactive to 7 April 1st. 8 Then I think you have a package 9 which really does what the amendment tries to 10 do. I'm voting for the concept, Mr. 11 President. My hope is that Senator 12 DeFrancisco will return to the drafting board 13 and deal with some of these definitional 14 questions, and that we'll end up with a better 15 amendment which passes the Senate and the 16 Assembly on two consecutive occasions and then 17 goes to the voters. 18 ACTING PRESIDENT MARCELLINO: 19 Thank you, Senator. 20 Is there any other Senator 21 wishing to be heard on this resolution? On 22 the resolution, the Secretary will call the 23 roll. 24 (The Secretary the roll. ) 25 ACTING PRESIDENT MARCELLINO: 1 Senator Nozzolio to explain his vote. 2 SENATOR NOZZOLIO: Thank you, 3 Mr. President. 4 Mr. President and my 5 colleagues, I rise in support of this 6 excellent measure and congratulate its 7 drafter, Senator DeFrancisco, because for 8 years we have been fighting for this reform 9 that establishes an on-time budget. 10 Passing this will eliminate the 11 fiscal uncertainty and disruption that late 12 budgets do cause across the state, to local 13 governments, school districts and entities 14 that rely on state aid. 15 We're doing the right thing at 16 the right time and that this measure we hope 17 will be sent to the Assembly and accepted 18 because, frankly, we get nothing from them 19 relative to real reform. This measure is a 20 step towards that reform that will create 21 stability in our fiscal situation. 22 Thank you, Mr. President. I 23 vote in the affirmative. 24 ACTING PRESIDENT MARCELLINO: 25 Read the results, please. 1 THE SECRETARY: Those recorded 2 the in the negative are Senators Connor, Gold, 3 Montgomery, Paterson and Smith. Ayes 50, nays 4 5. 5 ACTING PRESIDENT MARCELLINO: 6 The resolution is adopted. 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President, 9 can we at this time return to the order of 10 motions and resolutions, and adopt the 11 Resolution Calendar. 12 ACTING PRESIDENT MARCELLINO: 13 Yes, we can, Senator. Return to the order of 14 resolutions, and read the -- so we can adopt 15 the Resolution Calendar. All in favor of 16 adopting the Resolution Calendar signify by 17 saying aye. 18 (Response of "Aye.") 19 SENATOR DOLLINGER: Mr. 20 President. 21 ACTING PRESIDENT MARCELLINO: 22 Opposed nay. 23 Senator Dollinger. 24 SENATOR DOLLINGER: Can I have 25 one of those resolutions excepted from that 1 approval vote? That's Resolution Number 2 2213. Just like to raise a question about 3 that resolution, if I may. Resolution 2213 4 sponsored by, I believe, Senator Wright. 5 ACTING PRESIDENT MARCELLINO: 6 Without objection, we can adopt the Resolution 7 Calendar. 8 SENATOR BRUNO: Without 9 objection. 10 ACTING PRESIDENT MARCELLINO: 11 With the exception of Number 2213. 12 SENATOR DOLLINGER: Mr. 13 President, I have just one objection to this 14 proposal from Senator Wright and I don't know 15 whether the Majority Leader or the Deputy 16 Majority Leader would take a question. I 17 notice Senator Wright is not in the chamber. 18 It's purely a procedural question, Mr. 19 President. There -- and I don't know whether 20 this is in order or not. 21 ACTING PRESIDENT MARCELLINO: I 22 don't think it is in order, Senator. 23 SENATOR DOLLINGER: I don't 24 think it is either. 25 SENATOR MARKOWITZ: Mr. 1 President. 2 ACTING PRESIDENT MARCELLINO: 3 Senator Markowitz. 4 SENATOR MARKOWITZ: I'd like to 5 be recorded in the negative, please, on Senate 6 02430. 7 ACTING PRESIDENT MARCELLINO: 8 Without objection, you'll be recorded in the 9 negative. 10 Senator Dollinger, have you 11 withdrawn that motion, then? 12 SENATOR DOLLINGER: No, because 13 I think a motion to ask for an exception to a 14 resolution on the Resolution Calendar is in 15 order, and I would simply ask for an 16 explanation from Senator Wright. 17 ACTING PRESIDENT MARCELLINO: 18 All right. We will move the Resolution 19 Calendar. The Resolution Calendar with that 20 exception in place is adopted. 21 Senator Bruno. 22 SENATOR BRUNO: Is there any 23 housekeeping at the desk? 24 ACTING PRESIDENT MARCELLINO: 25 Yes. We have, Senator. Senator Maziarz. 1 SENATOR MAZIARZ: Thank you, 2 Mr. President. 3 Mr. President, I move that the 4 following bills be discharged from their 5 respective committees and be recommitted with 6 instructions to strike the enacting clause: 7 Senate Number 1800, by Senator Maltese. 8 ACTING PRESIDENT MARCELLINO: 9 So ordered. 10 Senator Bruno. 11 SENATOR BRUNO: Mr. President, 12 there being no further business to come before 13 the Senate at this time, I would move that we 14 stand adjourned until 3:00 p.m., on January 15 20th, that is next Tuesday; intervening days 16 to be legislative days. 17 Thank you. 18 ACTING PRESIDENT MARCELLINO: 19 On motion, the Senate stands adjourned until 20 Tuesday, January 20th, at 3:00 p.m., 21 intervening days to be legislative days. 22 (Whereupon at 4:18 p.m., the 23 Senate adjourned.) 24 25