Tuesday, March 29, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 29, 2005 11 3:26 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us this 10 afternoon is a familiar face, the Reverend 11 Peter G. Young, pastor of Blessed Sacrament 12 Church in Bolton Landing, New York. 13 REVEREND YOUNG: Let us pray. 14 The God that we all have been 15 created by has given us the command to love 16 one another. We're also called to take care 17 of the needy. And in our desire to make us 18 share in this love, God calls us to aid in 19 gentle kindness to all of those that are weak, 20 sick or unfortunate. 21 In God's love of us, we're called 22 to help the least among us and show mercy to 23 them. May we always be that kind of 24 legislator. 25 We ask You this now and forever.

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(518) 371-8910 1 Amen. 2 THE PRESIDENT: Reading of the 3 Journal. 4 THE SECRETARY: In Senate, 5 Monday, March 28, the Senate met pursuant to 6 adjournment. The Journal of Sunday, March 27, 7 was read and approved. On motion, Senate 8 adjourned. 9 THE PRESIDENT: Without 10 objection, the Journal stands approved as 11 read. 12 Presentation of petitions. 13 Messages from the Assembly. 14 Messages from the Governor. 15 Reports of standing companies. 16 The Secretary will read. 17 THE SECRETARY: Senator Johnson, 18 from the Committee on Finance, reports the 19 following bills: 20 Senate Print 550E, Senate Budget 21 Bill, an act making appropriations for the 22 support of government; 23 551B, Senate Budget Bill, an act 24 making appropriations for the support of 25 government;

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(518) 371-8910 1 553E, Senate Budget Bill, an act 2 making appropriations for the support of 3 government; 4 554E, Senate Budget Bill, an act 5 making appropriations for the support of 6 government; 7 555E, Senate Budget Bill, an act 8 making appropriations for the support of 9 government; 10 3666, by the Senate Committee on 11 Rules, an act to amend Chapter 152 of the Laws 12 of 2001; 13 3667, by the Senate Committee on 14 Rules, an act to amend the Labor Law; 15 3668, by the Senate Committee on 16 Rules, an act to amend the Public Health Law; 17 3669, by the Senate Committee on 18 Rules, an act to amend Chapter 728 of the Laws 19 of 1982; 20 Senate Print 3670, by the Senate 21 Committee on Rules, an act to amend the 22 Transportation Law; 23 And Senate Print 3671, by the 24 Senate Committee on Rules, an act to amend the 25 Tax Law.

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(518) 371-8910 1 All bills ordered direct to third 2 reading. 3 THE PRESIDENT: Without 4 objection, all bills ordered direct to third 5 reading. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Motions and resolutions. 10 Senator Farley. 11 SENATOR FARLEY: Thank you, Madam 12 President. 13 On behalf of Senator Marcellino, 14 Madam President, on page 18 I offer the 15 following amendments to Calendar Number 315, 16 Senate Print 1286, and I ask that that bill 17 retain its place on the Third Reading 18 Calendar. 19 THE PRESIDENT: The amendments 20 are received, Senator Farley, and the bill 21 will retain its place on the Third Reading 22 Calendar. 23 Senator Bruno. 24 SENATOR BRUNO: Madam President, 25 are there any substitutions at the desk?

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(518) 371-8910 1 THE PRESIDENT: Yes, there are, 2 Senator. 3 SENATOR BRUNO: Can we make those 4 substitutions at this time. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: On page 5, 8 Senator Padavan moves to discharge, from the 9 Committee on Local Government, Assembly Bill 10 Number 5866A and substitute it for the 11 identical Senate Bill Number 2955A, Second 12 Report Calendar 386. 13 THE PRESIDENT: Substitution 14 ordered. 15 Senator Bruno. 16 SENATOR BRUNO: Madam President, 17 can we at this time adopt the Resolution 18 Calendar, with the exception of Resolution 19 Number 1068. 20 THE PRESIDENT: All in favor of 21 so adopting the Resolution Calendar please 22 signify by saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

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(518) 371-8910 1 THE PRESIDENT: The calendar is 2 so adopted. 3 Senator Bruno. 4 SENATOR BRUNO: Madam President, 5 can we at this time have Resolution 1068, by 6 the very distinguished Senator Farley, having 7 read the title only and move for its immediate 8 adoption. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: By Senator 12 Farley, Legislative Resolution Number 1068, 13 memorializing Governor George E. Pataki to 14 proclaim April 10 through 16, 2005, as Library 15 Week in the State of New York. 16 THE PRESIDENT: Senator Farley. 17 SENATOR FARLEY: Thank you, Madam 18 President. 19 This is a very significant 20 resolution which we do every year. And 21 incidentally, it's jointly sponsored by the 22 distinguished Senator from Rensselaer County 23 and Saratoga County, Senator Bruno. 24 And I would like to open up that 25 resolution to all members of the Legislature,

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(518) 371-8910 1 if you would be interested. 2 SENATOR BRUNO: Thank you very 3 much, Senator. 4 SENATOR FARLEY: And if not 5 interested, please notify the desk. Everybody 6 will be on unless they object. 7 THE PRESIDENT: Any member who 8 did not wish to be a sponsor, please notify 9 the desk. 10 All in favor of the resolution 11 please signify by saying aye. 12 (Response of "Aye.") 13 THE PRESIDENT: Opposed, nay. 14 (No response.) 15 THE PRESIDENT: The resolution is 16 adopted. 17 Senator Bruno. 18 SENATOR BRUNO: Madam President, 19 can we at this time take up Calendar Number 20 269. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: In relation to 24 Calendar Number 269, Senator Johnson moves to 25 discharge, from the Committee on Finance,

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(518) 371-8910 1 Assembly Bill Number 550C and substitute it 2 for the identical Senate Bill Number 550E, 3 Third Reading Calendar 269. 4 THE PRESIDENT: Substitution 5 ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 269, Assembly Budget Bill, Assembly Print 9 Number 550C, an act making appropriations for 10 the support of government, PUBLIC PROTECTION 11 AND GENERAL GOVERNMENT BUDGET. 12 SENATOR PATERSON: Explanation. 13 THE PRESIDENT: Senator Bruno. 14 SENATOR BRUNO: Madam President, 15 since an explanation has been requested, we 16 are going to have to ring the bill and ask the 17 members that are not in the chamber to come 18 into the chamber, because this will be under 19 the controversial reading of the calendar. 20 THE PRESIDENT: The Secretary 21 will ring the bell. 22 SENATOR BRUNO: And can we stand 23 at ease -- for seconds -- for members to get 24 to the chamber. 25 Thank you.

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(518) 371-8910 1 THE PRESIDENT: You're welcome, 2 Senator Bruno. 3 The Senate will stand at ease. 4 (Whereupon, the Senate stood at 5 ease momentarily.) 6 THE PRESIDENT: Senator Bruno. 7 SENATOR BRUNO: Thank you, Madam 8 President and colleagues. 9 This bill that is presently on the 10 floor starts us in the budget process. And we 11 are doing something here this afternoon that 12 is historical as it relates to being able to 13 get a budget done on time for the first time 14 in 21 years. 15 And that is to the credit -- and 16 that is after the Court of Appeals decision 17 that created some real contentious problems in 18 the process. 19 And there's enough credit in 20 getting this bill to the floor, which deals 21 with government, local government and public 22 protection. Anyone that has been involved, 23 from all of my colleagues here in the chamber, 24 the Speaker and all the members in the 25 Assembly, the Governor, in all of the public

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(518) 371-8910 1 meetings -- never, in the years that I have 2 been in office, have I participated in such an 3 open and deliberative process. For months. 4 Never once was there a private, 5 behind-closed-doors so-called meeting, 6 three-men-in-a-room kind of thing. 7 So this is really a credit to 8 everyone that we are here together, starting 9 this process, which we hope to conclude by 10 Thursday, March 31st, in daylight. In 11 daylight. 12 (Laughter; applause.) 13 SENATOR BRUNO: Thank you. Thank 14 you. 15 Really almost -- well, every 16 member, 212 legislators have been involved in 17 some way directly in this process. 18 And Senator Paterson, as part of 19 the general conference committee, with our 20 colleagues in the Assembly, with the Speaker, 21 and with the leader there, Minority Leader 22 Nesbitt, participated in every open discussion 23 with the general conference committee. 24 And it's because of the exchanges, 25 the participation, the negotiation, the

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(518) 371-8910 1 deliberation, done in a cooperative way that 2 got us to a compromise. And you get a budget 3 done in this state by compromising, and in no 4 other way. 5 Is there anything in this bill or 6 in what we're going to do tomorrow and 7 Thursday that every one of 212 legislators 8 would like to see done? Absolutely not. But 9 is this a budget that serves the needs of the 10 people? Will it hold the constitutional test? 11 Absolutely yes. Will the Comptroller be able 12 to certify this budget as a balanced budget? 13 Absolutely yes. 14 And for those that want to talk 15 about some of what was laid aside, which were 16 issues that we could not incorporate in this 17 $105 billion package that we're starting 18 today, we will take up tomorrow, the next day, 19 and as we go on with the rest of session. 20 So this is the beginning of 21 offering to the people of this state and 22 providing for the people of this state what is 23 required to meet their needs in education, 24 higher ed, health, the infrastructure of this 25 state that moves people throughout this state

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(518) 371-8910 1 and across this great country of ours. 2 So I'm indebted to my colleagues 3 here in the chamber, to Senator Paterson, 4 Speaker Silver, Governor George Pataki, for 5 helping us to get to where we are, which is 6 the beginning of a budget process that will be 7 balanced, legal, on time, passed by -- with 8 your indulgence, and the other house -- 9 March 31st. 10 Thank you, Madam President. 11 THE PRESIDENT: Senator Paterson. 12 SENATOR PATERSON: Thank you, 13 Madam President. 14 I think it's been so long that 15 we've passed a budget in this state on time, 16 meeting the constitutional deadline at 17 March 31st, that we've actually forgotten or 18 never knew what those budgets were like. And 19 looking back on them, as we look back on so 20 many experiences in our lives and in history, 21 I think we remember those processes as being a 22 lot more effective than they actually were. 23 Given the opportunity to actually 24 sit in this chamber a few times when I was a 25 teenager, I assure you that those periods of

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(518) 371-8910 1 time, while they may be remembered and regaled 2 well by those who were there, still engendered 3 a great deal of controversy and disagreement 4 right within this chamber. And those budgets 5 were barely acceptable to the majority of 6 those who voted on it, as they split feeling 7 that it didn't do enough or did too much. 8 So the budgets that passed on 9 March 31st, when they would often stop the 10 clock in this chamber until 4 or 5 o'clock in 11 the morning -- it would read 11:59, so they 12 could technically be in compliance with the 13 budget deadline, even though the world had 14 moved six hours while they were working on 15 it -- still, what we have accomplished in this 16 very short period of time, and to compare it 17 to an August 11th budget of last year, is 18 really quite mind-boggling. 19 This is a budget of which I can 20 probably think of a couple of hundred things 21 that I have issues with, and I'm sure so could 22 those of my colleagues sitting in this chamber 23 on either side of the aisle, and particularly 24 to Leader Bruno. 25 But that is what we are trying to

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(518) 371-8910 1 inject back into government, that though we 2 disagree, we still observe and we still have 3 respect for the deadlines and the 4 prescriptions that bring us to public office. 5 We demand this of our children in school, we 6 demand this in business, and we need to demand 7 this in the Legislature of the State of 8 New York. 9 So to Governor Pataki and Speaker 10 Silver and Leader Nesbitt, I would certainly 11 want to thank them for their participation. 12 But I particularly would like to thank the 13 leader of this house, Senator Bruno, who, when 14 he came to be the leader, demanded that we 15 start sessions on time and organized this 16 entire chamber in a way that it had not been 17 before. I kind of get the feeling that he has 18 always been advocating for this. 19 And the additional public interest 20 that I hope we have tried to generate in that 21 direction also has contributed to what appears 22 to be the opportunity to pass these bills and 23 to be within compliance of our constitutional 24 mandate by Thursday night at midnight. And 25 that's the real midnight, not the one that

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(518) 371-8910 1 reads on the Senate clock. 2 So in that spirit, I think that we 3 will continue to disagree. There will be 4 issues that we have to administer after the 5 budget. There are biting and principled 6 values that are going to compel some of our 7 colleagues to question what we've actually 8 done. 9 And yet at the same time, even if 10 it is symbolic, the fact that we are beginning 11 to demonstrate that we are aware of the 12 outside world beyond this Capitol, and how 13 people are feeling about our discharge of our 14 duties, urges me that we are taking a step in 15 the right direction by beginning to pass 16 budget bills today. 17 So I want to thank all of my 18 colleagues that participated in the process. 19 There were 110 members on the conference 20 committees and another 102 members that were 21 contributing by being further aware than at 22 any point before. And it's been my pleasure 23 to be a part of it and to serve with all of 24 you. 25 And so, Senator Bruno, I can't

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(518) 371-8910 1 think of anything I disagree with right now, 2 but if you give me a few minutes, I will. 3 Thank you. 4 THE PRESIDENT: Does any other 5 member wish to be heard? 6 Then the debate is closed. 7 The Secretary will ring the bell. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 THE PRESIDENT: The bill is 15 passed. 16 Senator Bruno. 17 SENATOR BRUNO: Madam President, 18 can we at this time take up Calendar Number 19 394. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: In relation to 23 Calendar Number 394, Senator Johnson moves to 24 discharge, from the Committee on Finance, 25 Assembly Bill Number 6840 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 3666, 2 Third Reading Calendar 394. 3 THE PRESIDENT: Substitution 4 ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 394, by the Assembly Committee on Rules, 8 Assembly Print Number 6840, an act to amend 9 Chapter 152 of the Laws of 2001. 10 SENATOR SCHNEIDERMAN: 11 Explanation. 12 THE PRESIDENT: Senator Bruno. 13 SENATOR BRUNO: This is the 14 Article VII language that implements the 15 appropriation of the bills that we passed. 16 And I believe Senator Balboni wants 17 to be heard on this, and there may be others. 18 Thank you, Madam President. 19 THE PRESIDENT: Senator Balboni. 20 SENATOR BALBONI: Yes, thank you, 21 Madam President. 22 This is the public protection bill 23 that represents several achievements, not only 24 from the perspective of New York State but, 25 frankly, from the perspective of the nation as

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(518) 371-8910 1 a whole, particularly as it relates to 2 homeland security. 3 Included in this appropriation is a 4 $367 million pass-through from the federal 5 government. The significance of that is that 6 many of my colleagues, particularly from the 7 City of New York, have recognized that 8 homeland security dollars have not been spent 9 based upon threat but, rather, have been spent 10 based upon pork. That's a shame. 11 This bill, this appropriation 12 signals a change in that ideology. As a 13 result of Congress's action in the last budget 14 cycle, we now have the urban area security 15 initiatives -- specifically, the City of 16 New York and the City of Buffalo -- receiving 17 a greater share, predicated upon their threat 18 profile. This is a significant step, not only 19 for the State of New York and the brave 20 first-responders in our communities, but also 21 from the national perspective in terms of 22 making us safer. 23 The bill also does two other 24 things. It continues the hope and the faith 25 that this state can do something that no other

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(518) 371-8910 1 state has been able to achieve in this nation, 2 and that is the development of the first of 3 its kind statewide wireless network system, 4 where first-responders can talk to one another 5 in a way that is clear, that is reliable, and 6 that is timely. 7 This public protection bill affords 8 $7 million, which is a continuing stream as 9 that project, the largest technology 10 acquisition in the state's history, continues 11 to roll out. 12 And, lastly, this public protection 13 budget continues something that was begun by 14 Senator Vincent Leibell, who saw the need to 15 provide greater protection for nuclear power 16 plants, particularly Indian Point. Now, in 17 working with Senator Mike Nozzolio, they have 18 gotten the Division of Military and Naval 19 Affairs to appropriate, over several years, 20 over a million dollars for patrol boats to go 21 and provide really necessary security to 22 augment what is out there with the Coast Guard 23 now. 24 These are great little steps. They 25 reflect our continuing belief that security is

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(518) 371-8910 1 something that must be taken seriously and 2 consistently and constantly. 3 And I think that, first of all, 4 Senator Volker, your leadership on the 5 conference subcommittee was terrific. But 6 also, you know, Joe Lentol, Assemblyman Joe 7 Lentol. These guys wanted to close, and that 8 was terrific for this. And I think New York 9 is safer as a result of this bill. 10 Thank you very much, Madam 11 President. 12 THE PRESIDENT: Senator 13 Schneiderman. 14 SENATOR SCHNEIDERMAN: Thank you, 15 Madam President. Very briefly. I did not 16 have any questions on homeland security, I 17 just want to make that clear. 18 The process as has been described 19 by Senators Bruno and Paterson as we're 20 passing the first two bills today, I want to 21 emphasize something on behalf of the people 22 who have been working and watching in 23 sometimes amazement and sometimes puzzlement 24 at the process. And I do want to say 25 something in particularly related to the legal

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(518) 371-8910 1 issue that was alluded to by my colleague on 2 the other side of the aisle. 3 This is something that I think it's 4 very important for everyone here to take into 5 account. In addition to the political will 6 that Senator Bruno and Senator Paterson spoke 7 about, and the fact that finally, after many, 8 many years, we've gotten the political guts to 9 go ahead and actually work on a compromise 10 budget, this budget took extraordinary 11 artistry in drafting. And I don't want that 12 to go by unsaid. 13 I've had discussions and arguments, 14 as lawyers have arguments, about the relative 15 merits of the Court of Appeals decision in 16 Silver v. Pataki. But I have to say, as a 17 matter of particular respect to the lawyers 18 who worked on this legislation in this house 19 and in the Assembly, we would not be moving 20 this today, we would not be able to overcome 21 the obstructions that are so easy to find on 22 the road to an on-time budget, if it wasn't 23 for some remarkable work. 24 And as we look at the bills and 25 look at the additions and the artistry of the

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(518) 371-8910 1 additions and the artistry of what they're 2 calling the set-asides, this is quite an 3 accomplishment. And I think it actually 4 does -- and we've been arguing about this for 5 most of the last year -- this does show a way 6 for us to resolve some of these issues. 7 And I think that it is possible 8 there will be further court action on it. But 9 I do want to say a special word about that. 10 This is something that is a good piece of 11 lawyering as well as some extraordinary 12 politics to get this done. 13 I join with Senator Paterson; there 14 are things about the two bills we're passing 15 today that I would do differently. I would 16 authorize more funding for the comptroller to 17 have auditors to audit every school district 18 in the state as fast as possible. That's 19 something that should not be delayed for lack 20 of funding. 21 But on an overall basis, 22 considering how many compromises have been 23 made -- and I recognize how many compromises, 24 frankly, have been made by conservatives 25 towards views that are more similar to mine --

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(518) 371-8910 1 I have to say that I am quite happy to vote in 2 support of this legislation today, and I'm 3 happy that we have a chance to do it in 4 daylight in the month of March. 5 Thank you. 6 THE PRESIDENT: Senator Volker. 7 SENATOR VOLKER: Madam President, 8 very quickly. I just want to echo what's been 9 said. 10 And as somebody who's been here for 11 all the conference committees -- of course 12 Assemblyman Lentol and I, who came to the 13 Assembly together more years ago than maybe I 14 would like to remember -- and we are the last 15 two left in the Legislature, I want to point 16 out, last two in the Legislature who are from 17 the largest freshman class in the history of 18 the New York State Assembly, 1972. We've 19 always worked very well together. And in 20 fact, the members of the conference committee 21 on both sides really did an excellent job. 22 But I want to say something that's 23 kind of interesting. As we were going through 24 the conference reports -- and of course those 25 of us that were there know that we had

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(518) 371-8910 1 gathered in certain issues as time went on 2 because we were moving so quickly -- there 3 were several issues that kind of floated from 4 one conference committee to another, including 5 the boat, which we said the boat was 6 originally -- the boats, Vin Leibell's boats 7 and Mike Nozzolio's boats. And we finally 8 said: Send us the boats, we'll make sure they 9 float. 10 Now, those are the boats, by the 11 way -- obviously, we're being a little 12 jocular, but in homeland security it's -- one 13 of the things we've learned is that you've got 14 to really look at the details. And one of the 15 details is protecting our nuclear power plants 16 and a lot of the other areas of our state. 17 And we made sure that that was done in this 18 bill in the conference committee. 19 The final thing I want to say is 20 that one very interesting thing happened, and 21 my colleagues who weren't there can 22 understand. We got into a discussion about 23 the legal services assistance account and 24 about the district attorneys' tuition 25 reimbursement program. And we were talking

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(518) 371-8910 1 about how the money was gathering and it 2 hadn't been disbursed. So we were suggesting 3 we should draw up an agreement. 4 And then my counsel whispered in my 5 ear, said, well, we already did have an 6 agreement. Well, where is it? Well, the 7 Assembly never got to sign it. 8 So we all sat there and we said to 9 each other, why doesn't the Assembly sign it? 10 So the Assembly legislators turned back to the 11 staff and said, Why haven't we signed it? And 12 they said, We don't know. 13 So anyways, the bottom line is the 14 two-way memorandum of understanding for the 15 distribution of the funds has now been signed. 16 Which people didn't realize for some reason 17 hadn't been signed. But when we got in the 18 conference committee and we all started 19 talking -- and by the way, it's over 20 $11 million that will be divided between the 21 two areas. And, frankly, it kind of sat there 22 because nobody quite realized that it hadn't 23 been signed. 24 I only point that out because it 25 was an interesting situation for me, because

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(518) 371-8910 1 it showed how sometimes in a process like we 2 are in here, just getting together and trying 3 to make some decisions, in gathering together 4 you find out something very simple can be 5 done. And that happened. 6 And I only point that out because 7 it was, in my humble opinion, one of the sort 8 of the victories, because we might have gone 9 on for two months worrying about whether we 10 should have another signing, and we realized 11 it was already there. 12 So I want to thank everybody 13 involved from my perspective. And of course 14 in my humble opinion, this house -- without 15 this house, we would not be about to pass a 16 budget on time, there's no question. 17 Joe Bruno, more than any other 18 leader I've ever been with -- and I've been 19 with a number of leaders -- has driven this 20 process to make sure it's done. And my 21 heartiest congratulations to Joe. And of 22 course also to David, because David's always 23 been a good friend and, frankly, a good leader 24 in attempting to make this process run. 25 And so it's a good day for us. And

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(518) 371-8910 1 I think it's a good day for the people of the 2 State of New York even more so, because you 3 have to understand that homeland security, 4 which is part of this, and criminal justice, 5 is so important. 6 There's only two -- really two 7 basic budgets that have escalated with 8 personnel over the last few years. One of 9 them's the State Police, as well it should be, 10 because we need these people for safety. And 11 the other one is homeland security. And if 12 anything was taught to us about 9/11, we've 13 got to be ready to be protected. 14 By the way, I just want to say one 15 more thing. In this budget too is a provision 16 that keeps the senior people in this complex, 17 the senior troopers. I think it's -- what is 18 it, 16? I can't remember what it is. Because 19 it's my opinion that their combined seniority 20 is something we desperately need to be 21 protected, in this building, the LOB and the 22 buildings here to be protected. 23 And I think we accomplished that in 24 our conference committee and made that 25 decision ourselves, to keep them here. So I

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(518) 371-8910 1 think everybody should be very proud of that. 2 THE PRESIDENT: Senator Nozzolio. 3 SENATOR NOZZOLIO: Madam 4 President, on the bill. 5 Madam President and my colleagues, 6 I rise to support this measure and to add 7 thanks to the efforts of Senator Volker and 8 Senator Balboni, Senator Leibell, Senator 9 DeFrancisco, those of us who worked very hard 10 to pro-offer very important criminal justice 11 reforms and to support our efforts to 12 establish and to continue our efforts, to 13 continue an effort to see zero tolerance for 14 violence in New York State. 15 One of the additions that I'd like 16 to mention that we took a step in the right 17 direction on, and that's expanding Megan's 18 Law. Senator Skelos pushed for Megan's Law a 19 number of years ago. We're further along in 20 our efforts to refine Megan's Law. 21 And that this measure before us 22 today will ensure an updating of information 23 about those who have been convicted of 24 sexual-predator offenses, and that we will see 25 additional information posted on the web about

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(518) 371-8910 1 such offenders as a result of the legislation 2 we're enacting this afternoon. 3 That we have taken great strides in 4 protecting crime victims, establishing zero 5 tolerance for violence in New York State, 6 trying to make it more difficult for those who 7 have been convicted of offenses against young 8 children to prey on children again. And that, 9 by and large, I believe that is a very good 10 step taken by this Legislature. 11 Madam President, we have much more 12 work to do. That we need to find alternative 13 uses for a number of correctional facilities 14 that we have in our state, and that we on this 15 side of the aisle are going to be working 16 continuously this next year to provide those 17 alternatives. 18 It's a good bill, we support it, we 19 want it to be adopted this afternoon. 20 THE PRESIDENT: Senator Marchi. 21 SENATOR MARCHI: Madam President, 22 I want to add my words of encomium to you, 23 Madam President. You have presided with 24 dignity and fairness, and that serves the 25 purpose of each and every member of this body.

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(518) 371-8910 1 But I remember in 1959 we voted the 2 last budget providing for less than a billion 3 dollars. And many things happened between now 4 and then. We've expanded our objectives very 5 widely. There are very few efforts that are 6 made in all of the states. We were the first 7 ones to reward and to help and to propel the 8 artistic in this state, and for many years we 9 were doing more than all the other states 10 combined. 11 There is so much that has been 12 happening here. And that's why I'd like to 13 remind my colleagues on both sides, all of you 14 make a contribution. All of you can say: I 15 had a hand in what we did. 16 Senator Bruno and the Majority have 17 the main responsibility under this system. 18 But I remember when Joe Zaretzki -- it only 19 happened in one term, but it did happen. And 20 he lived up with great distinction and in the 21 same spirit that animates the members of this 22 body. 23 So that when you participate in 24 something like this, it's something that we 25 have honored on both sides of the aisle. And

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(518) 371-8910 1 all of you, you have not wasted your efforts, 2 whether you are for or against an item. 3 Because you've all expressed yourself with 4 dignity, with honesty, with commitment. And 5 that is what 20 million New Yorkers urgently 6 want when they get that finished product. 7 So I just -- you know, I'm back 8 here, I -- people say, Well, you're still 9 going. Yes, because I enjoy it. I enjoy the 10 spirit that is engendered here, all of us 11 cooperating together. 12 I see them from the far reaches, 13 don't I, Marty? 14 So that regardless of where you are 15 sitting or where you are from, you have all 16 made a rich and enduring contribution to the 17 welfare of this state. And you do it so 18 civilly, so elegantly. 19 I don't -- I've bounced around, and 20 I've been in many of the other states, and I 21 don't see any other state that is even 22 remotely resembling the State of New York. We 23 recognize a wide area, whether it's in 24 studies, higher ed, all of the different 25 aspects of learning, the artistic aspects.

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(518) 371-8910 1 All of these are so important. 2 So you all make a contribution by 3 your very presence here. And there should be, 4 along with a good spirit of give and take, a 5 feeling of respect and affection that should 6 bind us into one body, which we are when we 7 submit our final product. It may not always 8 meet with anybody's complete -- but if they 9 did, if all of us agreed on every item that 10 was in the budget, none of us would have been 11 doing our duty. 12 So I don't know how much longer 13 I'll be coming back here, but I've enjoyed 14 every moment that I've been able to get back 15 here and to see people who are animated by the 16 same principles and the same honesty and 17 conviction. And I don't think they're just 18 faking it or anything. I believe that, when 19 push comes to shove, they do the very best 20 they can. 21 And it's a spirit that I -- just to 22 see -- I'm not going to be saying very much 23 before I got up or after I sit down. But I 24 can tell you, I've enjoyed it. And you've 25 enriched my life, all of you. There isn't a

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(518) 371-8910 1 single member here that I can't say did not, 2 and that you disappointed me. You have made 3 my -- my cup is running over, and I am very, 4 very grateful to each and every one of you. 5 (Extended standing ovation.) 6 THE PRESIDENT: Does any other 7 member wish to be heard? 8 Then the debate is closed. 9 The Secretary will ring the bell. 10 Read the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 THE PRESIDENT: The bill is 17 passed. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 if we could now go to the noncontroversial 21 reading of today's active list. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 114, by Senator DeFrancisco, Senate Print 217,

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(518) 371-8910 1 an act to amend the Vehicle and Traffic Law, 2 in relation to child restraint seating 3 systems. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect March 27, 2005. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 THE PRESIDENT: The bill is 12 passed. 13 The Secretary will continue to 14 read. 15 THE SECRETARY: Calendar Number 16 208, by Senator Skelos, Senate Print 487, an 17 act to amend the Penal Law, in relation to 18 establishing the Class E felony. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the first of 23 November. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. Nays, 2 1. Senator Duane recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 217, by Senator Volker, Senate Print 1537, an 7 act to amend the Penal Law, in relation to 8 consecutive terms of imprisonment. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Senator Volker, 17 to explain your vote. 18 SENATOR VOLKER: Yeah, Madam 19 President, I just want to say that this bill 20 actually was a bill that was initially 21 introduced by Senator Joe Galiber, who was a 22 member of this chamber for many years. And he 23 introduced it as a result of the Happyland -- 24 what was the name of that? -- the fire in 25 New York City in which 80-some people were

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(518) 371-8910 1 killed. And I just want to make that clear, 2 this bill has been around for some time. 3 We are trying to make a compromise 4 with the Assembly on it. And given the fact 5 that this year we will probably have some time 6 to do some negotiating on criminal justice and 7 other things, other than the budget, we hope 8 maybe we can resolve this. 9 But this bill, by the way, is not a 10 mandatory bill. It's just a -- it is a 11 potential for consecutive sentences, and it 12 would give the judge the ability to do it. 13 There's no mandate in this bill. 14 I vote aye. 15 THE PRESIDENT: You will be 16 recorded as voting in the affirmative, Senator 17 Volker. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 217 are 22 Senators Montgomery and A. Smith. 23 Ayes, 59. Nays, 2. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 223, by Senator Fuschillo, Senate Print 786, 3 an act to amend the Education Law, in relation 4 to notice. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. Nays, 12 1. Senator Parker recorded in the negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Excuse me. In 16 relation to Calendar Number 223, also Senator 17 Little recorded in the negative. 18 Ayes, 59. Nays, 2. 19 THE PRESIDENT: The bill is still 20 passed. 21 THE SECRETARY: Calendar Number 22 236, by Senator LaValle, Senate Print 279, an 23 act to amend the Tax Law, in relation to 24 providing an exemption. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 6. This 3 act shall take effect on the first day of a 4 sales tax quarterly period. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 255, by Senator Meier, Senate Print 2490, an 12 act to amend Chapter 706 of the Laws of 1996. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 260, by Senator Nozzolio, Senate Print -- 24 SENATOR SCHNEIDERMAN: Lay it 25 aside.

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(518) 371-8910 1 THE PRESIDENT: The bill is laid 2 aside. 3 THE SECRETARY: Calendar Number 4 262, by Senator Meier, Senate Print 2324, an 5 act to amend the Town Law, in relation to 6 increasing the amount. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of January. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 285, by Senator Maziarz, Senate Print 3109, an 18 act to amend the Labor Law, in relation to the 19 State Apprenticeship and Training Council. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 90th day. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 309, by Senator Maziarz, Senate Print 1137, an 6 act authorizing how certain casino revenue 7 monies from the Seneca Niagara Casino shall be 8 disbursed. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. Nays, 16 1. Senator Padavan recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 370, by Senator Little, Senate Print 1616, an 21 act to reopen the optional 20-year retirement 22 plan. 23 THE PRESIDENT: There is a home 24 rule message at the desk. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 THE PRESIDENT: The bill is 7 passed. 8 Senator Skelos, that completes the 9 noncontroversial reading of the calendar. 10 SENATOR SKELOS: Madam President, 11 if we could please have the bell rung -- 12 THE PRESIDENT: The Secretary 13 will ring the bell. 14 SENATOR SKELOS: -- to indicate 15 to the members that we are going to the 16 controversial reading of the calendar. 17 THE PRESIDENT: We ask all the 18 members to return to their seats. We'll begin 19 the controversial calendar. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 260, by Senator Nozzolio, Senate Print 1974, 23 an act to amend the Real Property Tax Law. 24 SENATOR LIZ KRUEGER: 25 Explanation.

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(518) 371-8910 1 THE PRESIDENT: Senator Nozzolio, 2 an explanation has been requested. 3 SENATOR NOZZOLIO: Yes, Madam 4 President. Who requested the explanation? 5 THE PRESIDENT: Senator Krueger. 6 SENATOR NOZZOLIO: This measure 7 provides a more -- a fairer system of -- thank 8 you, Madam President. 9 THE PRESIDENT: You're welcome. 10 SENATOR NOZZOLIO: This 11 legislation provides a fairer system of 12 determining the assessments, for real property 13 taxation purposes, of wetlands and a mechanism 14 to appeal such assessments. 15 Currently, in large tracts of land, 16 farmers in particular are the custodians of 17 wetlands. However, those wetlands are added 18 to the value of the property when in fact they 19 may render the property useless for any 20 agricultural-type purposes. 21 That the land may be designated as 22 a wetland, but the owner of that land suffers 23 a financial loss of market value because the 24 wetland may or may not be recognized 25 appropriately by the local assessor.

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(518) 371-8910 1 This is a process, a proposal that 2 places an opportunity for the owner of the 3 property to adequately pro-offer evidence that 4 would allow an assessor or an assessment board 5 of appeals to review appropriate wetlands for 6 taxation considerations. 7 THE PRESIDENT: Senator Krueger. 8 SENATOR LIZ KRUEGER: Thank you, 9 Madam President. If the sponsor would please 10 yield. 11 THE PRESIDENT: Senator Nozzolio, 12 will you yield for a question? 13 SENATOR NOZZOLIO: Yes, Madam 14 President. 15 THE PRESIDENT: You may proceed, 16 Senator Krueger. 17 SENATOR LIZ KRUEGER: Thank you. 18 So this would only apply to 19 property that's currently designated wetlands 20 by the state DEC? How would the definition of 21 wetlands be applied? 22 SENATOR NOZZOLIO: A question by 23 Senator Krueger is often -- gets to the crux 24 of the issue. 25 That there are some wetlands that

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(518) 371-8910 1 are designated. Some are designated on 2 federal maps, may not be designated on state 3 maps. Some DEC maps have wetlands which are 4 not designated on the appropriate Corps of 5 Engineer federal maps. Some may not have 6 maps -- be recognized at all, but be part of 7 wetlands which are under the custodianship of 8 the property owner. 9 So having the identifiable wetland 10 is still an inaccurate science in this state, 11 and that some may be on it, some maybe not. 12 The problem is that whether you're on the map 13 or not, you still have the custodianship of 14 the wetland as defined by the law, you still 15 have, oftentimes, the inability to utilize 16 that land, and it may affect its market value. 17 This law allows the assessor -- 18 requires the assessor and the assessment 19 process to take that all into consideration. 20 SENATOR LIZ KRUEGER: Thank you. 21 Madam President, if, through you, 22 the sponsor would continue to yield. 23 THE PRESIDENT: Senator Nozzolio, 24 do you continue to yield? 25 SENATOR NOZZOLIO: Yes, Madam

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(518) 371-8910 1 President. 2 THE PRESIDENT: You may proceed 3 with a question, Senator Krueger. 4 SENATOR LIZ KRUEGER: Thank you. 5 Your answer was very helpful, 6 because I think it -- you're right, my 7 question and your answer addressed some of the 8 concerns here that I have with this bill, that 9 we don't have a definition for actually 10 designating smaller wetlands, although there 11 has been a push by environmental groups to get 12 a law passed that would address that. 13 But in follow-up to that question, 14 you talked about farmland in your example. 15 But am I correct to assume that this bill 16 would be applicable regardless of the use of 17 the land, it would not be unique to farmland? 18 SENATOR NOZZOLIO: Madam 19 President, the Senator's perception appears 20 accurate, in my view. 21 SENATOR LIZ KRUEGER: Thank you. 22 Madam President, if, through you, 23 the sponsor would continue to yield. 24 THE PRESIDENT: Senator Nozzolio, 25 will you yield for an additional question?

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(518) 371-8910 1 SENATOR NOZZOLIO: Yes, Madam 2 President. 3 THE PRESIDENT: You may proceed 4 with a question, Senator Krueger. 5 SENATOR LIZ KRUEGER: Thank you. 6 The bill memo says that there's no 7 cost, which raises a question for me. One, 8 would I be correct in assuming there is a cost 9 to localities for training assessors and 10 establishing a new protocol for defining 11 territory as wetlands? 12 And, two, does this bill 13 specifically, then, offer a lower property tax 14 rate for people who, quote, unquote, document 15 that in fact part of their property is 16 wetlands? 17 SENATOR NOZZOLIO: Madam 18 President, the answer to the first question is 19 yes. But assessors need to be trained anyway 20 in a variety of different disciplines, so we 21 don't look at this as any additional cost. 22 But yes, assessors will have to be 23 trained. And this should be part of their 24 training, to recognize the wetlands as they 25 are placed. And that's part of the problem,

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(518) 371-8910 1 is because currently assessors are not trained 2 in this area. 3 Secondly, the question was so long 4 ago I forgot the question. Would Madam 5 President ask Senator Krueger to repeat the 6 second question. 7 SENATOR LIZ KRUEGER: Certainly, 8 I'd be happy to repeat the second part of the 9 question. 10 If this bill defines certain 11 property as wetlands for property tax 12 assessment, does this bill also then lower the 13 property tax on those lands that are assessed 14 under this new definition of a wetland 15 assessment? 16 SENATOR NOZZOLIO: Yes, Madam 17 President. It's assumed that if in fact the 18 wetland serves to devalue the property, that 19 that devaluation would be considered. 20 By the same token, I suppose that 21 the assessor could say that somehow the 22 wetland added to the value of the property 23 per se. The assessor could take that into 24 consideration. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 Madam President, on the bill. 2 THE PRESIDENT: You may proceed 3 on the bill. 4 SENATOR LIZ KRUEGER: Thank you. 5 I appreciated the sponsor's 6 explanation on this bill. 7 I think it leaves me with a 8 dilemma, because on the one hand I think it 9 would move us closer to a mechanism in 10 New York State where we were actually mapping 11 wetlands, which I think is important and is 12 important for us in follow-up on bills that in 13 fact have been introduced in this house by 14 Senator Marcellino involving clarification of 15 what are wetlands and what are the rules and 16 regulations around them, specifically his bill 17 S2081. 18 So this bill might move us towards 19 that goal of actually being able to document 20 and map in the State of New York all of these 21 wetlands that we ought to be protecting. 22 But at the same time, this bill 23 seems to me to be a new unfunded mandate on 24 localities in two ways. One, they would have 25 to, without guidelines from the State of

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(518) 371-8910 1 New York, determine how they were defining 2 wetlands and how they were going to evaluate 3 what was and wasn't wetland in their area 4 through their tax assessment material, but 5 also would then be allowing for a lower 6 property tax value on that land by definition 7 of it being wetland. 8 I know that actually Senator 9 Bonacic has been quite a champion with the 10 concerns of counties having their lands taken 11 off their tax rolls and what that means to 12 them. And this is perhaps one more area where 13 we in the State Legislature would be dictating 14 to localities that they had to lower their 15 property tax revenue base by taking land off 16 of the tax rolls. 17 So it raises the question to me of 18 should we be moving forward with an unfunded 19 mandate without discussions with the 20 localities. 21 I think that ultimately it's a good 22 thing to address the issues of wetlands, the 23 uniqueness and the importance of them to our 24 environment, and to recognize that they are on 25 land all over the State of New York. And so

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(518) 371-8910 1 eventually I could see myself in the position 2 of being prepared to support this bill, 3 because it does try to recognize the 4 differences in this land. 5 But I think absent our moving 6 forward with the Clean Water Protection and 7 Flood Prevention Act that I mentioned before 8 that Senator Marcellino has sponsored in this 9 house, and without further discussion with the 10 localities about their position on or their 11 estimates on how much they could be losing in 12 property tax revenue, that we would be rushing 13 by passing this bill today. 14 I see also in your memo a reference 15 to at some point deciding whether the State of 16 New York should in fact replace the lost 17 property tax money to localities. And that's 18 an issue that also comes up before this house 19 in various times and places, the fact that 20 there are districts that have 21 disproportionately large numbers of parks 22 where they can't draw down property tax and 23 should the State of New York do something 24 about that -- the City of New York has 25 disproportionately large amounts of land that

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(518) 371-8910 1 are held by public authorities or government 2 agencies that can't be taxed -- and the loss 3 of revenue from that. 4 That these are complex issues, and 5 I respect your attempt to go down one road 6 here. But I think, for today, I feel that we 7 ought not to pass this bill without further 8 discussion with the localities, with the 9 environmental groups, and perhaps with Senator 10 Marcellino's committee in relationship to the 11 bill that has been introduced relating to the 12 mapping and regulation of wetlands. 13 So I appreciate your comments, and 14 I appreciate your effort to try to address 15 this issue. But I don't think this is the 16 right way for us to go legislatively today, so 17 I'll be voting no. 18 Thank you very much, Madam 19 President. 20 THE PRESIDENT: Does any other 21 member wish to be heard? 22 Then the debate is closed. 23 The Secretary will ring the bell. 24 Senator LaValle. 25 SENATOR LaVALLE: Madam

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(518) 371-8910 1 President, to explain my vote. 2 THE PRESIDENT: We're not on a 3 roll call yet, Senator. I'll call on you in a 4 moment. 5 SENATOR LaVALLE: Okay. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE PRESIDENT: Senator LaValle, 13 to explain your vote. 14 SENATOR LaVALLE: Thank you, 15 Madam President. 16 I feel very conflicted on my vote 17 on this bill, and listened to the debate and 18 Senator Nozzolio answering questions. And it 19 certainly is well-intentioned legislation. 20 When I think of the 1st Senatorial 21 District and the boundaries on the north and 22 south being water and the east being water, 23 with wetlands all up and down the coastline -- 24 I often know when we deal with wetland issues, 25 there's a lot of marketplace dynamics. And I

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(518) 371-8910 1 don't know how this legislation will change 2 the marketplace dynamics to either decrease 3 assessments, increase marketability and put 4 greater development pressure. 5 And so I'm going to take advice my 6 parents gave me years ago: When in doubt, 7 vote no. I vote in the negative. 8 THE PRESIDENT: Senator LaValle, 9 you will be recorded as voting in the negative 10 on this bill. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 260 are 13 Senators Hassell-Thompson, L. Krueger, 14 LaValle, and Leibell. 15 Ayes, 57. Nays, 4. 16 THE PRESIDENT: The bill is 17 passed. 18 Senator Skelos, that completes the 19 controversial reading of the calendar. 20 SENATOR SKELOS: Thank you, Madam 21 President. 22 Is there any housekeeping at the 23 desk? 24 THE PRESIDENT: No, there isn't, 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Would you please 2 recognize Senator Hassell-Thompson. 3 THE PRESIDENT: Senator 4 Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Yes, 6 thank you, Madam President. 7 Madam President, I have a motion at 8 the desk, and I would like to have it called 9 up at this time. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: Senate Print 13 2246, by Senator Hassell-Thompson, Concurrent 14 Resolution of the Senate and Assembly 15 proposing an amendment to Article 3 of the 16 Constitution. 17 THE PRESIDENT: Senator 18 Hassell-Thompson. 19 SENATOR HASSELL-THOMPSON: Thank 20 you, Madam President. This bill would -- 21 THE PRESIDENT: If the members 22 would please take their conversations out of 23 the chamber later. 24 Go ahead, Senator. 25 SENATOR HASSELL-THOMPSON: Thank

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(518) 371-8910 1 you. I could have shouted, but I prefer not 2 to. 3 This bill would amend the State 4 Constitution by adding a provision that 5 requires that any budget bill to be put in 6 print and available to the members at least 7 three calendar days prior to its final 8 passage. 9 Current law requires that bills be 10 printed and available to members for at least 11 three days in order to ensure that legislators 12 have the opportunity to read and consider a 13 bill adequately before voting on its final 14 passage. However, current law also allows the 15 Governor to short-circuit this time period 16 with messages of necessity. 17 This bill would amend the 18 Constitution by prohibiting the Legislature 19 from acting on any bill pursuant to a message 20 of necessity. This pertains to budget bills. 21 Let me begin by saying that I am 22 pleased -- and I mean this very seriously. I 23 said today in conference that for the first 24 time in the five years that I've been here, 25 that I've truly felt that I was a part of the

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(518) 371-8910 1 legislative process as it pertains to the 2 budget, and that I saw us moving in the right 3 direction. 4 But while this conference committee 5 is not perfect, we don't yet get an A -- if we 6 gave an A now, then we wouldn't feel that we 7 would have to improve it. So there are still 8 some things that we need to do so that the 9 outcomes that we reach are more satisfactory 10 to both sides. But this is certainly a step 11 in the right direction. 12 How can we improve the conference 13 committee in the future? We can by increasing 14 the minority party representation on budget 15 subcommittees. We can make sure that all 16 issues we are called on to resolve are 17 addressed in public and not by staff behind 18 closed doors. 19 And I'm also pleased, at least at 20 this moment, the Legislature is planning to 21 pass budget bills that have been in print for 22 at least three days. Unless budget bills are 23 available to members before we take them up 24 for a vote, it's impossible -- not almost, but 25 impossible for legislators to accurately

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(518) 371-8910 1 review and completely digest them. 2 This amendment will enable 3 legislators to be better informed and to make 4 more intelligent decisions. I support the 5 Legislature's efforts to enforce for the first 6 time an on-time budget since 18 -- oh, whew. 7 Since 1984, sorry about that -- since 1984. 8 But we cannot lose sight of our real goal, and 9 that is to enact a budget that meets the ends 10 of all of our constituents. 11 This bill is another step in the 12 right direction, and I hope you will join me 13 in supporting this amendment to the 14 Constitution to ensure that members have an 15 adequate opportunity to do their jobs and to 16 do them well. 17 Thank you. 18 THE PRESIDENT: All those 19 Senators in favor of the petition out of 20 committee please signify by raising your 21 hands. 22 THE SECRETARY: Those recorded in 23 agreement are Senators Andrews, Breslin, 24 Brown, Diaz, Dilan, Duane, Gonzalez, 25 Hassell-Thompson, Klein, L. Krueger,

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(518) 371-8910 1 C. Kruger, Montgomery, Onorato, Oppenheimer, 2 Parker, Paterson, Sabini, Sampson, Savino, 3 Schneiderman, Serrano, A. Smith, M. Smith, 4 Stachowski, Stavisky and Valesky. 5 THE PRESIDENT: The petition is 6 not agreed to. 7 Senator Skelos. 8 SENATOR SKELOS: Thank you, Madam 9 President. 10 A reminder to the members of the 11 Majority that there will be a conference 12 tomorrow at 10:30 a.m. in the Majority 13 Conference Room. 14 THE PRESIDENT: There will be a 15 conference for the Majority tomorrow morning 16 at 10:30 a.m. in the Majority Conference Room. 17 SENATOR SKELOS: And there being 18 no further business to come before the Senate, 19 I move we stand adjourned until Wednesday, 20 March 30th, at 11:30 a.m. 21 THE PRESIDENT: On motion, the 22 Senate now stands adjourned until tomorrow, 23 Wednesday, March 30th, 11:30 a.m. 24 (Whereupon, at 4:26 p.m., the 25 Senate adjourned.)

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(518) 371-8910