Regular Session - February 11, 2002
613
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 11, 2002
3:17 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone to please rise
and join me in the Pledge of Allegiance to the
Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation will be given by the Reverend Peter
G. Young.
REVEREND YOUNG: Let us pray.
We can remember instances when we
needed a little mercy. Maybe we needed an
extension on a project; maybe a bill. Maybe
we needed a loan, or, as is often the case, we
needed forgiveness from someone we had hurt.
Remember the sigh of relief when mercy was
granted, and grief and disappointment when it
was denied.
Oh, merciful God, may You give to
all of our Senators that that they need for
being compassionate, and constantly help them
in guiding us to this state of mercy for all.
Grant us the will to be generous in
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our mercy toward all of our New York State
citizens and constituents. May we be known as
Senators of mercy and of forgiveness.
We ask You this now and forever.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Friday, February 8, the Senate met pursuant to
adjournment. The Journal of Thursday,
February 7, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Senator Skelos.
SENATOR SKELOS: Before we go to
report of standing committees, there will be
an immediate meeting of the Transportation
Committee in the Majority Conference Room.
ACTING PRESIDENT MEIER:
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Immediate meeting of the Transportation
Committee in the Majority Conference Room.
The Secretary will read.
THE SECRETARY: Senator Seward,
from the Committee on Insurance, reports the
following bills:
Senate Print 2200, by Senator
Saland, an act to amend the Insurance Law and
the General Obligations Law;
3737, by Senator Seward, an act to
amend the Insurance Law;
3768A, by Senator Seward, an act to
amend the Insurance Law;
5340, by Senator Seward, an act to
amend the Insurance Law;
And 5586, by Senator Seward, an act
to amend the Insurance Law.
Senator Hoffmann, from the
Committee on Agriculture, reports:
Senate Print 425, by Senator
Skelos, an act to amend the Agriculture and
Markets Law;
533, by Senator Hoffmann, an act to
amend the Agriculture and Markets Law;
2591, by Senator Maltese, an act to
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amend the Agriculture and Markets Law; and
6078, by Senator Bonacic, an act to
amend the Agriculture and Markets Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
On behalf of Senator Skelos, on
page number 6 I offer the following amendments
to Calendar Number 34, Senate Print Number
426, and ask that said bill retain its place
on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR McGEE: Thank you, Mr.
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President.
Mr. President, on behalf of myself,
on page number 16 I offer the following
amendments to Calendar 151, Senate Print
Number 5364, and ask that said bill retain its
place on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MEIER: Yes, we
have one, Senator.
SENATOR SKELOS: If we could make
them at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitution.
THE SECRETARY: On page 15,
Senator Skelos moves to discharge, from the
Committee on Transportation, Assembly Bill
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Number 1262A and substitute it for the
identical Senate Bill Number 419A, Third
Reading Calendar 147.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 3851, at the
desk by Senator Spano. It was previously
adopted. But if we could have it read in its
entirety at this time.
ACTING PRESIDENT MEIER: The
Secretary will read Resolution 3851.
THE SECRETARY: By Senator Spano,
Legislative Resolution Number 3851, paying
tribute to the life of emergency medical
technician Yamel Merino, loving mother and
American hero.
"WHEREAS, The power of human
compassion and the strength of the American
spirit has been revealed time and time again
by the brave individuals who lost their lives
during the unprecedented tragedy which befell
our state and nation on September 11, 2001;
and
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"WHEREAS, With the deepest
gratitude and the highest admiration, this
assembled body is moved to inscribe upon its
records this remembrance for Yamel Merino, a
24-year-old emergency medical technician from
Yonkers who was one of the first rescue
workers on the scene at the World Trade
Center; and
"WHEREAS, Possessing a heart as big
as the ocean, Yamel Merino died in the line of
duty while helping to save the lives of
countless individuals escaping from the
burning towers; and
"WHEREAS, Yamel Merino was the
single mother of an 8-year-old son, Kevin, a
boy of great courage who will carry with him
the strength and compassion of his mother
throughout his life; and
"WHEREAS, Yamel Merino was a woman
of great perseverance. She enrolled in
Westchester Community College's Educational
Opportunity Center in Yonkers to pursue the
education she left as a pregnant teenager.
She earned her General Equivalency Diploma and
went on to complete the EMT program; and
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"WHEREAS, She received a
Chancellor's Award from the State University
of New York in recognition of scholastic
excellence and extraordinary dedication to
self-improvement. Her instructors called her
a role model.
"Yamel Merino was employed by
MetroCare, a private ambulance company that
named her its 1999 EMT of the Year. She
performed her job with the highest
professionalism and devotion to duty, never
refusing an assignment or a request. Every
patient that she transported felt as if they
had made a friend.
"Yamel Merino was recognized in
Glamour magazine's recent "Woman of the Year"
ceremony at the Metropolitan Museum of Art;
and
"WHEREAS, A more lasting honor took
place when the classroom in which she trained
at the Educational Opportunity Center was
dedicated to her memory and achievements; and
"WHEREAS, Yamel Merino's memory
will forever remain with her family, and her
bravery in coming to the aid of others in the
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face of unknown danger will live on in the
heart of every New Yorker and every American;
now, therefore, be it
"RESOLVED, That this legislative
body pause in its deliberations to pay tribute
to the life of emergency medical technician
Yamel Merino, loving mother and American hero;
and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to the family of Yamel Merino."
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Thank you, Mr.
President.
The resolution as it was read
really says it all. We're here to talk about
a 24-year-old single mother of an 8-year-old
child who worked her way through EMT school
with great honors and served as a role model
in her job, and was the first one to
volunteer, the first one to step forward. And
five months ago today, she answered what
turned out to be her final call.
And we're honored today that her
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parents are with us. And I just wish there
was something else that we could say to two
loving parents who lost a daughter that day
other than to pass this resolution, suitably
engraved, and give it to you.
It's a humbling experience to have
had an opportunity earlier today to talk to
the both of you, to listen to Anna Jager talk
about her daughter and about how she really
loved her job and the pride that she had in
her own son. And the love that she had for
her own parents is certainly shown by the fact
that they took time today to be with us today.
So I said to them earlier, and I'll
say it today again, that I wish there was
something better than we could say to them
that would relieve their pain. Except to say
that all the members of the Senate and
certainly the members of the Assembly share in
the loss.
Unfortunately, it was the first
funeral that was held of someone who lost
their life in the World Trade Center, the
first funeral that I attended. And it was one
of the most moving and painful events that
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I've ever had to be a part of in 22 years in
office in this Capitol.
But it's the spirit of Yamel
Merino, it's the spirit of her and the EMT
workers who -- the seven others who lost their
lives, along with all of those police officers
and firefighters and court personnel and
citizens. But it's that spirit that really
drives us here today, and that spirit that
will drive Anna and Leslie Jager as they visit
us today, as they talk about the painful
experience and the impact it's had certainly
on their family, on their grandchild, Kevin.
So I thank you for spending time to
be with us today. I welcome you to the State
Capitol. And I hope that you will find some
small comfort in knowing that at least all the
members of the Senate will pause in our
deliberations for a few moments to pay tribute
to the memory of your daughter, Yamel, and for
everything that she stood for.
Thank you, Mr. President.
(Applause.)
ACTING PRESIDENT MEIER: This
resolution was previously unanimously passed
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by the Senate on January 29th.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, Number 3976,
at the desk. Could we have the title read and
move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Skelos, Legislative Resolution Number 3976,
paying tribute to the memory of Bishop John
McGann, former Bishop of the Diocese of
Rockville Centre.
ACTING PRESIDENT MEIER: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 4020, at the
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desk by Senator McGee. May we have the title
read and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator McGee,
Legislative Resolution Number 4020,
memorializing Governor George E. Pataki to
proclaim February 10 through 16, 2002, as
"Children of Alcoholics Week" in the State of
New York.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Thank you, Mr.
President.
I'm very pleased to have this
resolution on the floor today. Certainly most
of the people sitting in this chamber have
experienced a happy childhood. I would hope
that most of us have. I know that I did.
If you look at the children of
alcoholics, you're going to find that most of
those children exhibit symptoms of depression
and anxiety. You'll know that most of them
are at risk for continued alcoholism in their
family. Children of alcoholics tend to be
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truant and drop out, repeat grades, and have a
tough life altogether.
So I think it behooves us to
realize it's important that every effort be
made to ensure our children's healthy growth
and development and to help them reach their
full potential to become productive and
responsible citizens of the State of New York.
And I encourage and applaud this
resolution.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
Senator McGee has consented to everybody being
put on the resolution. If anybody wishes not
to be a cosponsor of the resolution, they
should notify the desk.
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ACTING PRESIDENT MEIER: The
resolution is open for cosponsorship. Anyone
not wishing to be on the resolution, notify
the desk.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 4034, at the
desk by Senator Connor. May we please have
the title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Connor, Legislative Resolution Number 4034,
commemorating the Asian American community's
celebration of the Lunar New Year, 4700, the
Year of the Horse, on February 12, 2002.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
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resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Senator Connor
would like to open up the resolution for
sponsorship. Please put everyone on the
resolution.
If you do not care to sponsor the
resolution, you should notify the desk.
ACTING PRESIDENT MEIER: The
resolution is open for cosponsorship. Those
not wishing to be on the resolution, please
notify the desk.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
23, by Senator Volker, Senate Print 1533A, an
act authorizing the Village of Farnham, Erie
County.
ACTING PRESIDENT MEIER: Read the
last section.
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THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
32, by Senator Marcellino, Senate Print 110A,
an act to amend the Education Law, in relation
to establishing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
43, by Senator Stafford, Senate Print 1054, an
act to amend the Environmental Conservation
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Law, in relation to nonhazardous municipal
landfill closure projects.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
61, by Senator Marchi, Senate Print 4067, an
act to amend the Public Authorities Law and
the Environmental Conservation Law, in
relation to the water pollution control
revolving fund program.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
75, by Senator Volker, Senate Print 1694A, an
act to amend the Criminal Procedure Law, in
relation to expanding.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
107, by Senator Rath, Senate Print 4159, an
act to amend the General Municipal Law and the
State Finance Law, in relation to salary
deductions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
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act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Transportation Committee at the desk. I ask
that it be read at this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Trunzo,
from the Committee on Transportation, reports
the following bills:
Senate Print 764, by Senator
Trunzo, an act authorizing the Department of
Motor Vehicles;
836, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law;
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2101, by Senator Kuhl, an act to
amend the Highway Law;
3701, by Senator Maziarz, an act to
amend the Vehicle and Traffic Law;
4280, by Senator Velella, an act to
amend the Vehicle and Traffic Law;
4885, by Senator Hoffmann, an act
to amend the Vehicle and Traffic Law; and
5083, by Senator Leibell, an act to
amend the Highway Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there being no further business, I move we
adjourn until Tuesday, February 12th, at
11:00 a.m.
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ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, February 12th, at 11:00 a.m.
(Whereupon, at 3:35 p.m., the
Senate adjourned.)