Wednesday, January 4, 2006

1 2 3 THE STENOGRAPHIC RECORD 4 5 6 7 8 ALBANY, NEW YORK 9 January 4, 2006 10 12:10 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR MARY O. DONOHUE, President 18 STEVEN M. BOGGESS, Secretary 19 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 come to order. 4 I ask everyone present to please 5 rise and repeat with me, once again, the 6 Pledge of Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: We are privileged 10 to have with us today, to give the invocation, 11 Bishop Howard Hubbard. 12 BISHOP HUBBARD: Let us pray. 13 O faithful and eternal God, at the 14 beginning of another year we pray that in this 15 new year Your guidance will assist all 16 gathered here for the 2006 opening session of 17 the New York State Senate. 18 In our world today, torn by 19 conflict, terrorism, the threat of war, rising 20 unemployment, staggering budget deficits, and 21 the frustrations of dealing with difficulties 22 that need Your wisdom to solve, together we 23 seek Your guidance and insight on how best to 24 meet the needs of these unsettled times. 25 Enable our Senators, O God, to

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(518) 371-8910 1 carry out their solemn responsibilities using 2 their talents and diverse gifts towards 3 securing peace and justice for all people in 4 our Empire State. 5 In today's world, where tension 6 between nations, religious traditions, and 7 ideologies threaten to unleash wholesale 8 tragedy on our planet, we need the courage and 9 compassion to right these wrongs and to 10 alleviate the sufferings of those oppressed 11 and burdened by the depravity and indignities 12 that prejudice, greed, and inequality can 13 engender. 14 In a society of limited resources, 15 to address the education, health, human 16 service and public safety needs of our 17 citizens we need the vision and wisdom to 18 develop policies and to set budgetary 19 priorities which are in accord with the 20 principles of distributive justice and which 21 ensure that the needs of the most vulnerable, 22 powerless and voiceless are met. 23 You have promised that if we seek 24 You, O Lord, with a sincere conscience and 25 firm desire to improve the human condition,

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(518) 371-8910 1 Your strength and divine guidance will 2 enlighten and thus enable us, in the end, to 3 prevail over evil and injustice. 4 We trust in Your promise, O God, 5 and ask You to strengthen the members of the 6 New York State Senate to help bring Your 7 divine plan to its fulfillment. 8 And for all this we pray, as 9 always, in Your sacred name, You who live and 10 reign both now and forever and ever. 11 Amen. 12 THE PRESIDENT: The Secretary 13 will call the roll to ascertain a quorum. 14 THE SECRETARY: Senator Alesi. 15 (No response.) 16 THE SECRETARY: Senator Andrews. 17 (No response.) 18 THE SECRETARY: Senator Balboni. 19 SENATOR BALBONI: Here. 20 THE SECRETARY: Senator Bonacic. 21 (No response.) 22 THE SECRETARY: Senator Breslin. 23 SENATOR BRESLIN: Here. 24 THE SECRETARY: Senator Bruno. 25 (Senator Bruno was marked as

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(518) 371-8910 1 present.) 2 THE SECRETARY: Senator Connor. 3 (No response.) 4 THE SECRETARY: Senator 5 DeFrancisco. 6 SENATOR DeFRANCISCO: Here. 7 THE SECRETARY: Senator Diaz. 8 SENATOR DIAZ: Aqui. 9 THE SECRETARY: Senator Dilan, 10 excused. 11 Senator Duane, excused. 12 Senator Farley. 13 SENATOR FARLEY: Here. 14 THE SECRETARY: Senator Flanagan. 15 SENATOR FLANAGAN: Here. 16 THE SECRETARY: Senator 17 Fuschillo. 18 SENATOR FUSCHILLO: Here. 19 THE SECRETARY: Senator Golden. 20 SENATOR GOLDEN: Here. 21 THE SECRETARY: Senator Gonzalez. 22 SENATOR GONZALEZ: Here. 23 THE SECRETARY: Senator Hannon. 24 SENATOR HANNON: Here. 25 THE SECRETARY: Senator

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(518) 371-8910 1 Hassell-Thompson. 2 SENATOR HASSELL-THOMPSON: Here. 3 THE SECRETARY: Senator Johnson. 4 SENATOR JOHNSON: Here. 5 THE SECRETARY: Senator Klein. 6 (No response.) 7 THE SECRETARY: Senator L. 8 Krueger. 9 SENATOR LIZ KRUEGER: Here. 10 THE SECRETARY: Senator C. 11 Kruger. 12 SENATOR C. KRUGER: Present. 13 THE SECRETARY: Senator Larkin. 14 SENATOR LARKIN: Here. 15 THE SECRETARY: Senator LaValle. 16 SENATOR LaVALLE: Present. 17 THE SECRETARY: Senator Leibell. 18 SENATOR LEIBELL: Here. 19 THE SECRETARY: Senator Libous. 20 SENATOR LIBOUS: Here. 21 THE SECRETARY: Senator Little. 22 SENATOR LITTLE: Here. 23 THE SECRETARY: Senator Maltese. 24 SENATOR MALTESE: Present. 25 THE SECRETARY: Senator

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(518) 371-8910 1 Marcellino. 2 SENATOR MARCELLINO: Here. 3 THE SECRETARY: Senator Marchi. 4 SENATOR MARCHI: Here. 5 THE SECRETARY: Senator Maziarz. 6 SENATOR MAZIARZ: Here. 7 THE SECRETARY: Senator Meier. 8 SENATOR MEIER: Here. 9 THE SECRETARY: Senator 10 Montgomery. 11 (No response.) 12 THE SECRETARY: Senator Morahan. 13 SENATOR MORAHAN: Here. 14 THE SECRETARY: Senator Nozzolio. 15 SENATOR NOZZOLIO: Present. 16 THE SECRETARY: Senator Onorato, 17 excused. 18 Senator Oppenheimer. 19 SENATOR OPPENHEIMER: Here. 20 THE SECRETARY: Senator Padavan. 21 SENATOR PADAVAN: Here. 22 THE SECRETARY: Senator Parker. 23 SENATOR PARKER: Present. 24 THE SECRETARY: Senator Paterson. 25 SENATOR PATERSON: Here.

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(518) 371-8910 1 THE PRESIDENT: Senator Bruno, a 2 quorum is present. 3 SENATOR BRUNO: Thank you, Madam 4 President. Can we proceed with the calendar. 5 THE PRESIDENT: Presentation of 6 petitions. 7 Messages from the Assembly. 8 Messages from the Governor. 9 The chair hands down a 10 communication from Governor. The Secretary 11 will read. 12 THE SECRETARY: "Dear Madam 13 President: 14 "I would appreciate the privilege 15 of appearing before your Honorable Bodies in 16 Joint Session on January 4, 2006 at 1:00 p.m. 17 or as soon thereafter as may be convenient to 18 personally deliver my Annual Message to the 19 Legislature. 20 "Sincerely, George E. Pataki." 21 THE PRESIDENT: To be filed in 22 the Journal. 23 I want to welcome everyone back to 24 Albany. I hope that all of you and your 25 families had a wonderful holiday season.

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(518) 371-8910 1 During the past seven years, it's 2 been my great pleasure to get to know all of 3 you and to work with you. Thanks to the 4 tremendous leadership of the Majority Leader, 5 Senator Bruno, and the cooperation of Senator 6 Paterson and, before him, Senator Connor, I've 7 seen how well we work together as a group 8 through the sessions, and I'm confident that 9 we will continue that spirit of bipartisan 10 cooperation during this session. 11 We have many challenges ahead. And 12 I know that we can meet those challenges and 13 will meet those challenges and have a very 14 productive, successful session that will make 15 us all proud to live in the greatest state in 16 the nation. 17 Thank you for your cooperation with 18 me as President of the Senate, and I wish all 19 of you and your families a very happy and safe 20 new year. 21 Senator Paterson. 22 SENATOR PATERSON: Thank you, 23 Madam President. 24 And a very happy new year to you 25 and to all who are here in the chamber and can

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(518) 371-8910 1 hear us. 2 I just wanted to welcome everyone 3 back to Albany. I don't know what we're 4 welcoming each other back for; we were here 5 two weeks ago, we were here four weeks before 6 that. But maybe we'll just pretend that we 7 had a longer time off than we actually did. 8 During that time, I noticed that 9 Senator Bruno came out with an interesting 10 proposal to enhance the STAR program by what 11 would be 75 percent for individuals who are 12 eligible and are suffering, really, from the 13 high property taxes that contribute to 14 education. 15 Also, I understand that Senator 16 Bonacic is talking about a proposal perhaps to 17 replace what would be the property tax with a 18 certain form of income tax in order to 19 accomplish that. 20 On this side of the aisle, we want 21 to advise that the $2 billion surplus that 22 we're hearing discussed really is something 23 that, when factored into our current debt, 24 would be applied directly -- should be applied 25 directly to the debt and really is not

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(518) 371-8910 1 something that can be used for any major 2 funding. If there is any funding, we would 3 suggest that it be in education. 4 And we want to, in order to make it 5 more feasible for small businesses to survive, 6 to create a health insurance pool that would 7 be directed by the state and would certainly 8 give the owners of small businesses and the 9 employees a greater opportunity to receive 10 health care insurance and not to have it 11 become an overwhelming part of their budgets. 12 The reason that I focus on some of 13 the proposals that have come from both sides 14 of the aisle, just briefly, is that when you 15 walk around the halls of the Legislature 16 today, you hear great speculation about an 17 open seat in the Governor's mansion, an open 18 seat in the Attorney General's office, 19 obviously candidacies for Lieutenant Governor 20 and other offices, and a lot of political 21 discussion. 22 But I think the proposals that have 23 been put forth by both sides of the house here 24 in the Senate demonstrate our understanding 25 that before we get to all of the

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(518) 371-8910 1 extracurricular activities, that we are 2 mandated by our election to come here for the 3 next presumably six months and act as public 4 servants, to cooperate with each other and to 5 focus on what are the myriad issues that we 6 confront to try to improve the quality of life 7 for all New Yorkers. 8 So I'm just happy to see that amid 9 all of the rumoring and speculation about 10 politics that the individuals in this chamber, 11 on both sides of the aisle, recognize that 12 responsibility and will try to perform to our 13 best what is our service to our public that 14 elected us. 15 Thank you, Madam President. 16 THE PRESIDENT: Senator Bruno. 17 SENATOR BRUNO: Thank you, Madam 18 President. 19 Bishop Hubbard, colleagues and 20 friends, welcome back. And David is right; it 21 seems that we were here just yesterday. 22 But our lives, we in elective 23 office, are challenging and more challenging 24 maybe than usual these days. We are on 24/7, 25 and our lives continue; as was represented,

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(518) 371-8910 1 last year we did what we had to do on behalf 2 of a constituency. 3 Today is an occasion to sort of set 4 an agenda. The Governor will do that in his 5 remarkable, outstanding way. And, Madam 6 President, it has been a pleasure having you 7 presiding here in the chamber. And we're all 8 mindful of the fact that this will be the last 9 of the opening days for this administration. 10 But it has been an administration, with your 11 partnering with us and with the Governor, that 12 has served the people of this state extremely 13 well and will continue to serve over these 14 next 11 months, almost 12. 15 We are in an even year. And in 16 even years, as Senator Paterson is 17 recognizing, the dynamics of our lives are a 18 little different. Because we can't help but 19 recognize that the political environment is 20 more charged while each of us are out there 21 being as representative as we can be of our 22 respective constituencies. 23 And in a state like this, as 24 complex as it is, as varied as it is, when you 25 look around this chamber, on both sides of the

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(518) 371-8910 1 aisle, we have people who look to us. They 2 look to us to be representative of their 3 needs -- in education, in health care, in the 4 infrastructure of this state, in the energy 5 costs that relate to their existing, to 6 prescription drug costs. It goes on and on 7 and on. And yes, to the tax ramifications 8 that affect the quality of their lives. 9 And yes, we in this conference are 10 leading with property tax cuts that will 11 become part of a budget as we negotiate. And 12 we'll negotiate in good faith, and we will be 13 mindful of everyone's consideration. 14 But recognize, David, that 15 $2 billion -- and, yes, we have a debt out 16 here, but that $2 billion that represents a 17 surplus was raised not by printing money but 18 by collecting taxes in all forms: corporate, 19 personal income tax, sales taxes, fees, you 20 name it. That's where the money came from. 21 When people are out there 22 struggling with the increased energy costs, 23 struggling with the costs of health insurance, 24 we think it's appropriate that we recognize 25 the pain that's out there for people on fixed

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(518) 371-8910 1 incomes, for people on moderate and low 2 incomes, and that we be responsive to their 3 needs. 4 Now, we're going to be together, 5 we're going to get together, we're going to do 6 an on-time budget, we're going to do it 7 publicly. And our debate, which may start in 8 a good-natured way today, is going to get more 9 and more public and vocal. And there's going 10 to be plenty of time this year for us to air 11 what we see as the needs of our constituency 12 publicly. 13 And we'll get together, because the 14 people of this state need us to govern. They 15 don't need us to be overtly political from 16 January until November. They need us to 17 govern. We are elected to govern. We are 18 paid to govern. And I don't say that in any 19 lecturing way, I say that because all of you, 20 on both sides of the aisle and in the 21 Assembly, understand that we are here and we 22 are here for a term. And whether or not we 23 elect to continue and our constituency elects 24 us to continues, that remains to be seen this 25 year.

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(518) 371-8910 1 And I hope and I trust that while 2 we're out there, our constituency, each of us 3 respectively, is critically aware of 4 everything that we're doing, what we mean, 5 what we stand for, what we represent. And 6 then they will make their choices, so that 7 when we reconvene back here we will be back 8 together governing, those that choose to be 9 here and those that are chosen by the majority 10 in their districts. 11 We have joined the Governor for his 12 State of the State, and we look forward to 13 that. And I can tell you, on behalf of our 14 conference here, Senator Paterson and our 15 colleagues here, that we look forward to 16 togetherness, to partnering -- with a 17 recognition that partnering doesn't mean 18 holding hands and just marching in unison. 19 That's not what partnering is all about. 20 Partnering is about debate, it's 21 about differing, it's about discussion. 22 Whether it's a domestic partner -- wife, 23 husband -- colleagues here in government, 24 that's what partnering is all about. 25 So I look forward to this

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(518) 371-8910 1 partnership, and I look forward to this year, 2 '06, being one of the most constructive, 3 productive years in public service for each 4 and every one of us here. And the 5 beneficiaries of that will be the people of 6 this state. And we will all be doing the best 7 that we can be doing this year. 8 And when we get back together 9 again, I in my prayers will be praying that we 10 look the same, that the numbers are the same. 11 (Laughter.) 12 SENATOR BRUNO: And I, you know, 13 believe in resolutions for the new year, and 14 that's my resolution. 15 (Laughter.) 16 SENATOR BRUNO: So thank you, 17 Madam President, thank you, colleagues, look 18 forward to a great year in '06. 19 Thank you. 20 THE PRESIDENT: Thank you, 21 Senator Bruno. 22 Reports of standing committees. 23 Reports of select committees. 24 Communications and reports from 25 state officers.

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(518) 371-8910 1 Motions and resolutions. 2 Senator Bruno. 3 SENATOR BRUNO: Madam President, 4 there is a concurrent resolution at the desk. 5 I would ask that the title be read and move 6 for its immediate adoption. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator Bruno, 10 Concurrent Resolution of the Senate and 11 Assembly Number 3063, providing for a joint 12 Assembly for the purpose of receiving a 13 message from the Governor. 14 THE PRESIDENT: On the 15 resolution, all those in favor please signify 16 by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The resolution is 21 adopted. 22 Senator Bruno. 23 SENATOR BRUNO: Madam President, 24 I have two resolutions at the desk. I would 25 ask that they be read in their entirety and

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(518) 371-8910 1 move for their immediate adoption. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: By Senator Bruno, 5 Senate Resolution Number 3064, notifying the 6 Governor of a joint session with the Assembly 7 to receive the Governor's message. 8 "RESOLVED, That a committee of two 9 be appointed by Senator Bruno to inform the 10 Governor that the Senate has adjourned its 11 228th Session sine die and has again convened 12 and is organized and ready to proceed to 13 business, and will meet with the Assembly in 14 Joint Session in the Assembly Chamber at 15 one o'clock p.m., today, to receive the 16 Governor's message. 17 "RESOLVED, That Senator Bruno 18 appoint such committee, Senator Morahan and 19 Senator Klein." 20 THE PRESIDENT: On the 21 resolution, all in favor please signify by 22 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 resolution is 2 adopted. 3 Senator Bruno appoints Senators 4 Morahan and Klein to wait upon the Governor. 5 Senator Bruno. 6 SENATOR BRUNO: Madam President, 7 can we proceed with the second resolution at 8 this time. 9 THE PRESIDENT: The Secretary 10 will continue to read to read. 11 THE SECRETARY: By Senator Bruno, 12 Senate Resolution Number 3065, notifying the 13 Assembly of a joint session with the Assembly 14 to receive the Governor's message. 15 "RESOLVED, That a committee of two 16 be appointed by Senator Bruno to inform the 17 assembly that the Senate has adjourned its 18 228th Session sine die and has again convened 19 and is organized and ready to proceed to 20 business, and will meet with the Assembly in 21 Joint Session in the Assembly Chamber at 22 one o'clock p.m., today, to receive the 23 Governor's message. 24 "RESOLVED, That Senator Bruno 25 appoint such committee, Senator Leibell and

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(518) 371-8910 1 Senator Savino." 2 THE PRESIDENT: On the 3 resolution, all in favor please signify by 4 saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The resolution is 9 adopted. 10 Senator Bruno appoints Senators 11 Leibell and Savino to wait upon the Assembly. 12 Senator Bruno. 13 SENATOR BRUNO: Madam President, 14 is there any other business at the desk that 15 should come before the Senate at this time? 16 THE PRESIDENT: No, there is not, 17 Senator Bruno. 18 SENATOR BRUNO: There being no 19 further business to come before the Senate, I 20 would move that we stand adjourned until 21 3:30 p.m. January 9th, intervening days to be 22 legislative days. 23 THE PRESIDENT: On motion, the 24 Senate now stands adjourned until Monday, 25 January 9th, at 3:30 p.m., intervening days

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(518) 371-8910 1 being legislative days. 2 (Whereupon, at 12:30 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910