Gaveled in 2:59 PM · Albany, New York · 2005–06 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 10, 2005 11 2:59 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR RAYMOND A. MEIER, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25
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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT MEIER: The 3 Senate will come to order. 4 May I ask everyone present to 5 please rise and join me in the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MEIER: In the 10 absence of clergy, may we please each bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MEIER: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Sunday, January 9, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 January 8, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT MEIER: Hearing 22 no objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.
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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President, I 9 believe that I have a privileged resolution at 10 the desk numbered 72. I would ask at this 11 time that it be read in its entirety and move 12 for its immediate adoption. 13 ACTING PRESIDENT MEIER: The 14 Secretary will read. 15 THE SECRETARY: By Senator Bruno, 16 Legislative Resolution Number 72, expressing 17 sincerest, heartfelt condolences to the 18 victims of the devastating natural disaster in 19 Southeast Asia that was caused by a tsunami on 20 Sunday, December 26, 2004. 21 "WHEREAS, This Legislative Body 22 recognizes the epic devastation that has been 23 and continues to be caused by the natural 24 disaster that has hit Southeast Asia, and the 25 far-reaching loss of life and damage that has
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(518) 371-8910 1 been sustained by the victims of this tragedy 2 and by the entire world; and 3 "WHEREAS, on Sunday, December 26, 4 2004, the most powerful earthquake in 40 years 5 shook the island of Sumatra, causing violent 6 tsunamis in the Indian Ocean, which in turn 7 pounded shorelines from Indonesia to Tanzania, 8 leaving over 100,000 dead, thousands more 9 missing or unreachable, and millions more 10 homeless or without food or shelter; and 11 "WHEREAS, This natural catastrophe 12 is one of the worst the world has ever seen, 13 and the ramifications in terms of loss of life 14 will be long-term; the loss of life will be 15 generational, as whole families have been 16 lost, lifelong injuries sustained, and many 17 children orphaned as a result of the tragedy; 18 and 19 "WHEREAS, In turn, this Legislative 20 Body also recognizes that our commitment and 21 our compassion as a state must be long-term, 22 in order to ensure that the recovery efforts 23 underway in Southeast Asia continue until the 24 rebuilding of homes and lives takes hold once 25 again in the affected regions; and
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(518) 371-8910 1 "WHEREAS, The giving nature of 2 New Yorkers, and all Americans, is already 3 apparent by the outpouring of sympathy and 4 contributions made on behalf of countless 5 individuals and organizations who have aided 6 in the relief efforts; and 7 "WHEREAS, This Legislative Body 8 represents a community that possesses the 9 natural inclination to come to those in need, 10 especially in times of the greatest tragedies 11 that have occurred on our own soil as well as 12 abroad; and 13 "WHEREAS, Above all else, the 14 generous people of the State of New York, as 15 represented by this Legislative Body, will be 16 steadfast in their solidarity with the victims 17 of this natural disaster until stability 18 returns to their countries and hope is 19 restored to their lives; now, therefore, be it 20 "RESOLVED, That this Legislative 21 Body pause in its deliberations to express 22 sincerest, heartfelt condolences to the 23 victims of the devastating natural disaster in 24 Southeast Asia that was caused by a tsunami on 25 Sunday, December 26, 2004."
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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Bruno. 3 SENATOR BRUNO: Thank you, Mr. 4 President and colleagues. 5 We've heard a very brief review of 6 one of the greatest tragedies that any of us 7 have ever heard of in, possibly, centuries. 8 And when we talk about and you read about it, 9 that 150,000, approximately, dead, and still 10 counting, million of people displaced, it kind 11 of puts our lives in perspective. 12 And this is a natural disaster. In 13 no way could it have been avoided. It just 14 happens. I think it's important that we just 15 recognize the suffering that has taken place, 16 when you hear and read about orphans by the 17 thousands that are out there, and no way 18 presently to suitably care for them or to 19 place them. 20 I think it's just important that we 21 recognize what life is all about and how short 22 life can be and how traumatic life can be and 23 how from day to day you imagine those people 24 the day before -- just think about what their 25 lives were like, and then the day of, and then
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(518) 371-8910 1 the day after and what's going on there now 2 that will last for years and years and years, 3 never a recovery. And that's as sad as it can 4 be. 5 So I think it's appropriate that 6 while we're here in this chamber contemplating 7 governing -- and we're contemplating how we 8 will govern, how will we be more efficient, 9 more responsive, more open -- we just bear in 10 mind that we shouldn't be conflicted in where 11 we are, but we should just be so mindful that 12 there are people out there in this world who 13 are suffering tragedies that you can't fix 14 with legislation, and suffering that's going 15 to go on and on and on. So all we can do is 16 hope and pray that their lives improve. 17 And, Mr. President, I would ask my 18 colleagues to just join me in a moment of 19 silence and reflect on our lives and their 20 lives. Thank you. 21 Can we rise in a moment of silence. 22 And thank you. 23 (Whereupon, the assemblage rose and 24 respected a moment of silence.) 25 SENATOR BRUNO: Mr. President, I
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(518) 371-8910 1 ask that any Senator's name be added to the 2 resolution unless they request otherwise. 3 And thank you. 4 ACTING PRESIDENT MEIER: 5 According to the practice, those wishing not 6 to be on the resolution, inform the desk. 7 The question is on the resolution. 8 All those in favor signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MEIER: Those 11 opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MEIER: The 14 resolution is adopted. 15 Senator Bruno. 16 SENATOR BRUNO: Senator Gonzalez 17 would like to be recognized. 18 ACTING PRESIDENT MEIER: Senator 19 Gonzalez. 20 SENATOR GONZALEZ: Yes, Mr. 21 President. There will be an immediate meeting 22 of the Minority conference in Room 314. 23 ACTING PRESIDENT MEIER: 24 Immediate meeting of the Minority conference 25 in Room 314.
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(518) 371-8910 1 Senator Bruno. 2 SENATOR BRUNO: I would ask that 3 we have an immediate meeting of the Majority 4 in the Majority Conference Room. And we're 5 estimating 20 minutes, a half hour. 6 Thank you. 7 ACTING PRESIDENT MEIER: 8 Immediate meeting of the Majority conference 9 in the Majority Conference Room. 10 The Senate will stand at ease. 11 (Whereupon, the Senate stood at 12 ease at 3:08 p.m.) 13 (Whereupon, the Senate reconvened 14 at 4:38 p.m.) 15 ACTING PRESIDENT MEIER: Senator 16 Bruno. 17 SENATOR BRUNO: Mr. President, 18 can we at this time return to motions and 19 resolutions. 20 ACTING PRESIDENT MEIER: Motions 21 and resolutions. 22 SENATOR BRUNO: I believe that 23 Senate Resolution 10 is at the desk. I would 24 ask that it be read in its entirety and move 25 for its immediate adoption.
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(518) 371-8910 1 ACTING PRESIDENT MEIER: The 2 Secretary will read Senate Resolution 10. 3 THE SECRETARY: By the Senate 4 Committee on Rules, Senate Resolution Number 5 10, providing for the adoption of the Rules of 6 the Senate for a certain period of time. 7 "RESOLVED, That the Rules of the 8 Senate for the year 2004, as last amended, be 9 adopted as the Rules of the Senate for the 10 period January 10, 2005, through January 24, 11 2005." 12 ACTING PRESIDENT MEIER: Senator 13 Bruno. 14 SENATOR BRUNO: Mr. President, we 15 have a resolution before us that extends, as 16 you heard, the Rules of the Senate until 17 January 24th. 18 In the interim, in conference with 19 our members here, and with Senator Paterson, 20 who has been conferencing with his members, we 21 have come to an agreement that the important 22 thing in this chamber is that we be responsive 23 to the public, that we be open, that the 24 proceedings here be efficient and get our work 25 done to get us a result.
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(518) 371-8910 1 And while debate will be 2 appropriate when we have the Rules in place, 3 open, proper debate, compromise -- that's the 4 art of governing. And that's where we are. 5 So by agreement, we will be talking 6 with Senator Paterson. We are going to put 7 together a joint committee, a task force 8 between both sides of the aisle, to address 9 the Rules changes to help make this chamber as 10 effective, as efficient, as open as we can all 11 make it. And hopefully sharing our thoughts, 12 working together, which is always better. 13 There's enough time in our lives 14 when we have to be in different places, and 15 that's known as campaigns. And when the 16 campaigns are over, you govern. And that's 17 what we are doing. We are governing. 18 So I welcome the opportunity to 19 confer with Senator Paterson and his 20 colleagues and our colleagues as we go forward 21 over these next two weeks to put together new 22 Rules for the Senate, again, to make us open 23 and responsive. 24 Thank you. 25 ACTING PRESIDENT MEIER: Senator
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(518) 371-8910 1 Paterson. 2 SENATOR PATERSON: Mr. President, 3 I think for the past couple of years there has 4 been a growing concern on the part of the 5 public, through good government groups -- and 6 even privately among ourselves -- that we 7 reach our potential in terms of our 8 interaction as a body and our effectiveness as 9 a Legislature. 10 To that end, there have been a 11 number of proposals designed to revitalize and 12 in many ways reenfranchise government and to 13 give the public, that sends us as their 14 representatives through service, a better 15 product than we have. 16 It's no secret that twenty years of 17 late budgets and a number of inabilities to 18 reach decisions on the Help America Voting Act 19 and other ways that we would receive money 20 from the federal government have placed us all 21 in the position of further and further 22 scrutiny by the people that we represent. 23 Today, I think that the Majority 24 conference, through their dialogue with our 25 conference, that we have reached a higher
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(518) 371-8910 1 level of consciousness here and perhaps the 2 dawning of a new era of cooperation, in that 3 we will table the Rules of the Senate for two 4 weeks while we reexamine some of the issues on 5 which we have some vehement disagreement. 6 The disagreement itself is not a 7 problem. That is something that is historical 8 in our country and in our state. But it's our 9 ability to create a process that brings us 10 closer to something that is really 11 representative, is what we are seeking. 12 And so I'd like to thank all the 13 members of the Republican conference and their 14 staffs who helped them look over some of our 15 suggestions, and particularly Majority Leader 16 Bruno for talking to us today and being 17 willing to negotiate with us on something that 18 will allow every member of this Senate the 19 capacity to represent our constituencies to 20 the highest level of performance that we can 21 achieve. 22 So we will take another look at the 23 Rules. We'll try to work it out. And even if 24 we are not in full agreement in the end, it 25 will at least demonstrate that not at the last
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(518) 371-8910 1 minute, but in a way that gives a voice to 2 everyone here, we will seek an end that I 3 think we will all be proud of. 4 If nothing else, it cannot be said 5 that we haven't consulted with each other, 6 that there are hard feelings on either side, 7 that there are any sort of surprise proposals, 8 some of which may have been the hard and fast 9 feelings of some of us here. We've alleviated 10 that today by creating a coalition of spirit, 11 if not of interest, and will go forward and 12 try to demonstrate to the public we represent 13 that we are reaching our professional 14 capacity. 15 So I want to thank Senator Bruno 16 again and thank the members of my conference 17 and of the Majority conference for the joint 18 cooperation we've achieved today. 19 ACTING PRESIDENT MEIER: The 20 question is on the resolution. All those in 21 favor signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT MEIER: Those 24 opposed, nay. 25 (Response of "Nay.")
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(518) 371-8910 1 ACTING PRESIDENT MEIER: The 2 resolution is adopted. 3 Senator Bruno. 4 SENATOR BRUNO: Mr. President, is 5 there any further business to come before the 6 Senate at this time? 7 ACTING PRESIDENT MEIER: There is 8 no further business, Senator. 9 SENATOR BRUNO: Then there being 10 no further business, I would hand up a list of 11 Finance Committee assignments on behalf of the 12 Majority, and, in consultation with Senator 13 Paterson, hand up the members of the Minority 14 on the Finance Committee. 15 And if you would recognize Senator 16 Gonzalez. 17 ACTING PRESIDENT MEIER: Senator 18 Gonzalez. 19 SENATOR GONZALEZ: Mr. President, 20 there will be a meeting of the Minority 21 conference tomorrow, Tuesday, January 11th, 22 10:30 a.m., Room 314. 23 Thank you, Mr. President. 24 ACTING PRESIDENT MEIER: The 25 reports outlined by the Majority Leader will
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(518) 371-8910 1 be received and entered into the Journal. 2 And the Senate Minority conference 3 will meet tomorrow at 10:30 a.m. in Room 314. 4 Senator Bruno. 5 SENATOR BRUNO: And, Mr. 6 President, there being no further business to 7 come before the Senate, I would move that we 8 stand adjourned until 11:15 tomorrow. But at 9 11:00, there will be a meeting of the Finance 10 Committee in Room 124. 11:00, session at 11 11:15. 12 Thank you, Mr. President. 13 ACTING PRESIDENT MEIER: On 14 motion, the Senate stands adjourned until 15 Tuesday, January 11th, at 11:15 a.m. 16 (Whereupon, at 4:45 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23 24 25
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(518) 371-8910