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For Immediate Release: Wednesday, June 8th
2005
COUNTDOWN
TO REFORM…
Senator Schneiderman Ruled Out of Order and
Silenced
During Floor Debate Today
Albany, NY
– The Republican majority of the State
Senate took the extraordinary step today of barring a Senator from asking
about the legislative history of a bill before the body.
The Senate's action came in the form of a vote to uphold the decision of the
chair ruling Senator Eric Schneiderman out of order
for asking questions and addressing the absence of a public hearing or
committee consideration of the bill, S. 5171, proposing a change in the penal
law defining the criminality of certain drug paraphernalia.
The series of events began when
Senator Schneiderman asked the bill's sponsor,
Senator Joseph Robach, whether or not the Senate's
Codes Committee had ever considered the bill. Senator Schneiderman
sits on the Codes Committee. Senator Robach
responded that the bill had not been taken up by that committee but had in
fact come to the floor of the Senate after consideration only by the Rules
Committee.
During the continuing debate Senator Robach also
acknowledged that the Rules Committee had taken up the measure only
yesterday. Senator Schneiderman then inquired as to
whether or not there had been any public hearings on the legislation. Senator
Robach again answered in the negative.
Senator Schneiderman
then spoke to the bill explaining his reluctance to support the measure given
its procedural history and the fact that this proposal, like so many other
pieces of legislation, arrived at the floor of the Senate without any
deliberative consideration by the appropriate committee. He expressed his
belief that at no point in time had other Senators had the chance to
co-sponsor the legislation and that the timing of the bill – arriving just
twenty-four hours after a committee with no expertise on such measures had
sent it on – highlighted the need for real procedural reform in the Senate.
The Chair ruled Senator Schneiderman out of order
holding his remarks about the history of the bill to be non-germane. Senator Schneiderman attempted to explain that his inquiry and
comments were based on his desire to know the history of the bill and the processes
by which it was now up for a vote. The chair ruled him out of order again,
attempting to silence the Democratic Deputy Leader with the gavel.
Senator Schneiderman then appealed the chair's
ruling and called for a vote on his appeal. Explaining his decision to appeal
the chair's ruling he warned his colleagues against shutting off debate
relevant to the legislative history of a measure and the procedures leading
to its consideration by the chamber. He urged the Senate not to cut off such
debate and lines of inquiry, warning that to do so would set a dangerous
precedent and chill the ability of Senators to openly debate and consider
legislation before the body.
The Senate voted strictly along party lines to uphold the chair's ruling,
with the Republican majority voting unanimously to silence Senator Schneiderman's inquiry about the bill.
"The Senate's action today demonstrates a continuing lack of respect for
the deliberative traditions that lie at the heart of our democratic way of
governance," Senator Schneiderman said after
the vote. "What could be more basic – more fundamental – and indeed more
obvious than asking about the process by which a bill is conceptualized,
formulated and shaped through a legislative process. Such inquiries and
discussion are essential if we are to understand the substantive issues at
stake," he added.
"My questions and comments were consistently germane when it came to the
measure before us. This legislation should have been taken up by the
appropriate committee at an appropriate time. Instead it was rammed through
the Rules Committee with no debate, no discussion and no formal input from
the public. That's not the way to run a democratically elected body," Schneiderman said. He continued, "By upholding the
chair and silencing me the majority has shown us that its commitment to
reforming the way we legislate becomes meaningless when put to the
test."
"Today's action by the Senate constitutes nothing more than a gag
order" Senator Liz Kruger said in commenting on the Senate vote.
"Once again the majority has stepped away from the chance to acknowledge
that reform is needed badly and needed now," she said. Krueger serves as
chair of the Democratic Conference's Task Force on Budget and Legislative
Reform.
Senator Schneiderman reiterated his call from
earlier today for the Senate Rules Committee to take up the eleven reform
measures now pending before it so that future bills are not brought to the
floor by executive fiat but instead receive appropriate review, analysis and
consideration at the committee level.
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