Regular Session - March 4, 2002
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 4, 2002
3:15 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, March 3, the Senate met pursuant to
adjournment. The Journal of Saturday,
March 2, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Hoffmann,
from the Committee on Agriculture, reports the
following bills:
Senate Print 532, by Senator
Hoffmann, an act to amend the Agriculture and
Markets Law;
1814, by Senator Padavan, an act to
amend the Agriculture and Markets Law;
1815A, by Senator Padavan, an act
to amend the Agriculture and Markets Law;
And 3665, by Senator Hoffmann, an
act to amend the Agriculture and Markets Law
and the Tax Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
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Senator Libous.
SENATOR LIBOUS: Madam President,
on behalf of Senator LaValle, on page 6 I
offer the following amendments to Calendar
Number 38, Senate Print Number 6042, and ask
that said bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
are received, Senator Libous, and the bill
will retain its place on the Third Reading
Calendar.
Senator Libous.
SENATOR LIBOUS: Thank you, Madam
President.
And on behalf of Senator Balboni,
Madam President, I move that the following
bills be discharged from their respective
committees and be recommitted with
instructions to strike the enacting clause:
Senate Numbers 4016 and 4847.
THE PRESIDENT: So ordered,
Senator.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
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On behalf of Senator Marcellino, I
move that the following bills be discharged
from their respective committees and be
recommitted with instructions to strike the
enacting clause: Senate Bill 113, Senate Bill
130, and Senate Bill 5796.
THE PRESIDENT: So ordered,
Senator McGee.
SENATOR McGEE: Madam President,
on behalf of Senator Meier, I move that the
following bills be discharged from their
respective committees and be recommitted with
instructions to strike the enacting clause:
Senate Bill 1308, Senate Bill 4058, Senate
Bill 5328, Senate Bill 5449.
THE PRESIDENT: So ordered,
Senator.
SENATOR McGEE: Thank you, Madam
President.
Madam President, on behalf of
Senator Volker, please place a sponsor's star
on Calendar Number 219.
THE PRESIDENT: The bill will be
starred, Senator.
SENATOR McGEE: Thank you, Madam
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President.
THE PRESIDENT: You're welcome.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe that there is a privileged
resolution at the desk by Senator Stafford. I
would ask that the title be read and move for
its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Stafford, Legislative Resolution Number 4252,
memorializing Governor George E. Pataki to
proclaim March 4, 2002, as "Olympic Day" in
the State of New York.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President and colleagues.
We are honored here today -- you've
heard the resolution presented by the Governor
really honoring our Olympian athletes. Some
of them are here with us today. And I think
it's important that all of us just together
recognize what it takes to be world-class in
their age groups, competing against the best
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in the whole world; what kind of
determination, persistence, sacrifices, mental
stability, spiritual support that they have to
have as individuals.
And we here in this chamber,
representing our constituency throughout this
state, all want to be what these people are:
world-class. And we have gone through some
troubled times here in this state, through
9/11. But we can be here as proud as we can
be that we are joined by athletes like those
that are here with us and those that
represented New York against the world,
represented the United States of America.
Senator Stafford, who is our own
world-class gold medal Senator, who has helped
with the Winter Olympics, with what takes
place up there in Lake Placid, most of what
has happened there has been since this senator
has been senator representing that district
here in the state. So he gets a lot of the
credit for the facility that is there.
But these people really deserve our
praise, our recognition, our good thoughts,
and any other things that we can say and do,
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because you represent such leadership, such
role models for so many people throughout the
world. You I know are proud of yourselves;
your families are proud of you. We are
certainly, as New Yorkers, proud of you, and
we welcome you here.
And the Governor in his great
wisdom sees fit to designate today and set it
aside, and that's in his great judgment the
right thing to do to honor people who deserve
to be honored because they have honored we in
New York State.
Thank you, Madam President.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Thank you,
Madam President. Thank you, Senator Bruno.
Most of you realize I usually speak
very briefly and sometimes don't speak at all.
But again, I do appreciate what the Majority
Leader said.
But let me take you just very
quickly and explain to you how much this
Olympic movement means in New York State. In
1932, we had the Winter Olympics. And we will
talk later about Jack Shea winning the two
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gold medals. Sonja Henie was there, as some
of you probably remember. I do. And I know
Senator Bruno does. I don't know how many
others.
But it was just a bit before I was
born, but we always heard about it -- we
always heard about it, and we were on the
world's stage in 1932.
Then the war came. And when the
Olympics came back, the Winter Olympics, Lake
Placid worked and attempted to get the games
again. In 1973, remember, Denver bid, got the
Olympics, and then had problems and had to
withdraw. We went over with a quick bid in
1973, and Innsbruck got the bid for the '76
games, but Lord Callanan said "Make sure and
bid next year."
We bid in 1974. We needed a
hundred thousand dollars for the bid. We went
down -- Malcolm Wilson was governor -- Warren
Anderson was having a tunafish sandwich down
in his office. Jack Shea and I went down to
see him, and we got the hundred thousand
dollars the next week. Went to Vienna, and in
1974 were awarded the bids for the 1980 games.
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And then of course from 1974 to
1980 we had to travel every year, sometimes
every six months -- Moscow, Uruguay, Tokyo.
It was terrible.
(Laughter.)
SENATOR STAFFORD: But it was
very interesting. There were five of us that
were on the committee. And it was a great
experience.
And then of course we had the 1980
games, and the venues were tremendous. There
was a little bit of a glitch with
transportation, and that got straightened out.
Then we had a situation, what are we going to
do with the venues. And to keep this
bipartisan, Hugh Carey deserves a lot of
credit for us all setting up the Olympic
Development Authority.
And a tremendous job has been done
by the authority, and we are staying on the
world scene. And we would not have had many
of these athletes competing if it hadn't been
for the venues up in Lake Placid.
So we look forward to all of you
coming to the games. I don't know whether all
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of us will be there or not, but I hope we will
be. 2014 isn't that long away.
But I want to emphasize just how
much the Olympic movement does for the
world -- communication, understanding,
athletes getting to know one another. I can
only say that New York State and all of you
have done so much to make this all possible.
And we saw last week on television just how
great our athletes did. And we will be
speaking to that.
And once again, New York State is
in the forefront as far as Olympic venues and
as far as us being the state that we will be
looking to for the summer games and the winter
games.
Thank you very much.
THE PRESIDENT: On the
resolution, all those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
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And on behalf of the Senate, I want
to congratulate all of you.
One of my duties as Lieutenant
Governor was to chair a task force on school
violence. And time and again, the issue of
students' participation in sports and the
qualities that went along with that and the
qualities they could develop, the importance
of these qualities and how they carry through
all aspects of life was emphasized.
So you exemplify the epitome of
those qualities, and we're very proud to have
you as part of the Empire State. Best wishes
for continued success and excellence.
(Applause.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you.
Madam President, I believe that I
have two privileged resolutions at the desk.
And for those athletes that are here, and for
my colleagues here, this is just the
beginning. So settle back, okay?
There are two privileged
resolutions at the desk that I would like to
have read in their entirety and move for their
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immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 4253, commending
2002 Olympian Erin Porter in recognition of
her distinguished accomplishments as a member
of the United States National Short Track
Speedskating Team.
"WHEREAS, It is the sense of this
Legislative Body to recognize and pay tribute
to those esteemed individuals from the State
of New York who distinguish themselves through
outstanding achievements in worldwide athletic
competition; and
"WHEREAS, This Legislative Body is
proudly moved to join the community of
Saratoga Springs, New York, in honoring a
young woman of great skill, personal courage,
and unparalleled dedication whose character
and athletic achievements are world-renowned
and personify the highest ideals of the
American spirit and Olympic competition; and
"WHEREAS, Erin Porter has
represented her state and nation with great
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distinction as a competitor at the 2002 Winter
Olympics, held in Salt Lake City, Utah; and
"WHEREAS, Many will only dream of
competing in the Olympic games, this young
New York State athlete, through her hard work
and tenacious spirit, has made that vision a
reality; and
"WHEREAS, a resident of Saratoga
Springs, 23-year-old Erin Porter is the
daughter of Thomas and Betsey Porter; and
"WHEREAS, as a member of the United
States National Short Track Speedskating Team,
Erin Porter competed in the 1500-meter,
1,000-meter, and the 3,000-meter relay at the
2002 Winter Olympics; and
"WHEREAS, Erin Porter's coach,
Patrick Maxwell, has done a superb job in
guiding, molding, and inspiring her towards
her goals; and
"WHEREAS, Erin Porter, along with
her fellow Team USA members, has helped to
preserve the pride that America has recently
rediscovered; and
"WHEREAS, A role model for all
young women, Erin Porter is a talented,
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dedicated athlete who has brought honor to her
family, her coach, and her community of
friends who have encouraged her progress and
commended her hard work; and
"WHEREAS, a gifted athlete, Erin
Porter's character and achievements stand as a
sterling example of inspiration to all who
would aspire to such extraordinary success;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to commend
2002 Olympian Erin Porter, of Saratoga
Springs, New York, in recognition of her
distinguished accomplishments as a member of
the United States National Short Track
Speedskating Team; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Erin Porter, Saratoga Springs, New York."
By Senator Bruno, Legislative
Resolution Number 4254 commending 2002
Olympian Amy Peterson, in recognition of her
distinguished accomplishments as a member of
the United States National Short Track
Speedskating Team.
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"WHEREAS, It is the sense of this
Legislative Body to recognize and pay tribute
to those esteemed individuals from the State
of New York who distinguish themselves through
outstanding achievements in worldwide athletic
competition; and
"WHEREAS, this Legislative Body is
proudly moved to join the community of
Ballston Spa, New York, in honoring a young
woman of great skill, personal courage, and
unparalleled dedication whose character and
athletic achievements are world-renowned and
personify the highest ideals of the American
spirit and Olympic competition; and
"WHEREAS, Amy Peterson has
represented her state and nation with great
distinction as a competitor at the 2002 Winter
Olympics, held in Salt Lake City, Utah, and
"WHEREAS, Many will only dream of
competing in the Olympic games, this young New
York State athlete, through her hard work and
tenacious spirit, has made that vision a
reality; and
"WHEREAS, a resident of Ballston
Spa, 30-year-old Amy Peterson competed as a
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member of the United States National Short
Track Speedskating Team. She skated in the
3,000-meter relay and the 1,000-meter; and
"WHEREAS, Amy Peterson, along with
her fellow Team USA members, has helped to
preserve the pride that America has recently
rediscovered; and
"WHEREAS, Amy Peterson is a
five-time Olympian who won a silver medal at
the 1992 Albertville Games and two bronze
medals at Lillehammer in 1994; and
"WHEREAS, a role model for all
young women, Amy Peterson is a talented,
dedicated athlete who has brought honor to her
family, her coach, and her community of
friends who have encouraged her progress and
commended her hard work; and
"WHEREAS, a gifted athlete, Amy
Peterson's character and achievements stand as
a sterling example and inspiration to all who
would aspire to such extraordinary success;
now, therefore, be it.
RESOLVED, That this Legislative
Body pause in its deliberations to commend
2002 Olympian Amy Peterson of Ballston Spa,
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New York, in recognition of her distinguished
accomplishments as a member of the United
States National Short Track Speedskating Team;
and be it further.
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Amy Peterson, Ballston Spa, New York."
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President.
I am as proud as I can be of Amy
and Erin, Erin in Saratoga, Amy in Ballston
Spa, my constituents. I am especially proud
because they make me look awful good. I am
surprised they didn't mention my name out
there in Salt Lake City. But listen, we
hadn't met yet.
But you know when you look at them
compete in short track, that is probably --
and I know all the Olympians here who compete
in areas that are just so challenging and
competitive. But the short track is almost
mind-boggling in terms of making those turns.
And the slightest bump, just anything can just
destroy the whole race.
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So you can't help but feel, when
they train four years, sometimes a lifetime,
for the minute or two that they're going to be
out there, what that represents in their lives
that we can respect and admire.
But I'm as proud as I can be that
they are my constituents, Senator Farley, my
part of Saratoga County.
SENATOR FARLEY: They're awful
close.
SENATOR BRUNO: Very close to
Senator Farley, but not in his district.
And Erin has a lab, she informed
me, a 12-year-old lab named Woody. We have to
recognize him. Amy has Bodine, a 4-year-old,
yellow labs that train with them and go with
them.
And I think that's kind of a credit
to them when you think in terms of their
relationship with people, with animals.
They're humble, they're down to earth, they're
regular. And you know what, when you're
great, it's hard to be that humble and that
regular.
But I respect and admire them, and
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I know all of you do. And I would ask Amy and
Erin if they would just stand up and be
recognized by my colleagues here in the
chamber.
(Applause.)
THE PRESIDENT: On the
resolutions, all those in favor please signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolutions
are adopted.
Senator Montgomery, do you wish to
be heard?
SENATOR MONTGOMERY: Madam
President, I just wish to be heard on the
resolution. Is that --
THE PRESIDENT: Go ahead,
Senator, on this resolution.
SENATOR MONTGOMERY: Yes. Okay,
Madam President. I just would like to join
the Majority Leader in complimenting these
young women in particular.
I certainly enjoyed -- I think
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there's -- I've never seen anything more
spectacular than the speedskaters and all of
the athletes.
But I just want to make one
correction, if I may all. With all due
respect to our Majority Leader, these young
athletes belong to us all. They are from
New York State, they have represented us very
admirably and with a lot of skill. I know all
of the discipline and hard work that must have
gone into years of training to get to this
point.
And all of us in New York State, I
think, take pride, along with Senator Bruno,
who they happen to be from his district, but
they certainly are reflective of New York
State people, and we all are very proud of
you.
So I thank you, Senator Bruno. And
I want to take a little credit for these young
women who have represented us so well in the
Olympics. Thank you.
Thank you.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
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some of the athletes that we're recognizing
and honoring aren't here today, so we're going
to ask, with the resolutions that are
privileged at the desk, that just the titles
be read.
But those that are here physically
present with us, we're going to ask that the
resolutions be read in their entirety.
And this next resolution is by
Senator Stafford. And we would ask that that
privileged resolution by Senator Stafford have
the title read and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Stafford, Legislative Resolution Number 4209,
paying tribute to Jim Shea, Jr., 2002 Olympic
Gold Medal winner in Men's Skeleton.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: We're sorry
Jimmy can't be here. But as was mentioned, we
certainly want to recognize the tremendous job
he did out in Salt Lake. He was here earlier
today. He certainly set an example for all of
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us.
We're going to have a resolution
read in its entirety for Jack Shea at the end,
and we will be mentioning the Shea family.
But again, just another example of the great
example and how well our athletes did in Salt
Lake.
Thank you.
THE PRESIDENT: On the
resolution, all in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
there's another privileged resolution by
Senator Stafford. I would ask that it be read
in its entirety and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
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Stafford, Legislative Resolution Number 4210,
honoring Mark Grimmette in recognition of his
capturing a Silver Medal in the two-man luge
at the 2002 Salt Lake City Winter Olympic
Games.
"WHEREAS, It is the sense of this
Legislative Body to extend its full
recognition and grateful tribute to the
athletes of New York State who have dedicated
their purposeful lives to athletic achievement
and proudly represented their great state and
nation in Olympic competition; and
"WHEREAS, This Legislative Body is
proudly moved to join the community of Lake
Placid, New York, in honoring a man of great
skill, personal courage, and unparalleled
dedication whose character and athletic
achievements are world-renowned and personify
the highest ideals of the American spirit and
Olympic competition; and
"WHEREAS, Mark Grimmette is a
three-time member of the United States Olympic
Luge Team, competing in the double luge with
his partner, Brian Martin; and
"WHEREAS, Mark began the Salt Lake
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City Olympics with a key role in the opening
ceremonies. He was one of the eight athletes
selected to carry the United States flag that
was flying at the World Trade Center on
September 11, 2001, into Rice-Eccles Olympic
Stadium; and
"WHEREAS, Mark and his partner
raced to a fourth-place finish in the 1994
Olympic Winter Games in Lillehammer, Norway.
He and Martin improved on this performance,
achieving a bronze medal in the 1998 games in
Nagano, Japan; and
"WHEREAS, Mark followed up these
command performances with another, this time
at the Utah Olympic Park, where he and his
partner, Brian, now Olympic veterans, made
America proud once more, earning a silver
medal; and
"WHEREAS, in their time teamed
together, Grimmette and Martin have enjoyed
outstanding success. They have won three
World Championship bronze medals, the 2002
Overall Challenge Cup championship, the 2000
Winter Goodwill Games championship, as well as
the 2000 Overall World Cup bronze medal; and
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"WHEREAS, Many will only dream of
competing in the Olympic Games, this young
New York State athlete, through his hard work
and tenacious spirit, has made that vision a
reality and has proudly represented his
country in competition among the world's
finest athletes, an honor that gives just
cause for his family, community, and state to
be exceedingly proud of his achievements; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor Mark
Grimmette, of Lake Placid, New York, extending
its heartfelt congratulations on his
achievements in the sport of doubles luge and
wishing him continued success in all his
endeavors; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Mark Grimmette."
By Senator Stafford, Legislative
Resolution Number 4211, honoring Andrea
Kilbourne in recognition of her capturing a
Silver Medal for Women's Ice Hockey at the
2002 Salt Lake City Winter Olympic Games.
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"WHEREAS, It is the sense of this
Legislative Body to extend its full
recognition and grateful tribute to the
athletes of New York State who have dedicated
their purposeful lives to athletic achievement
and proudly represented their great state and
nation in Olympic competition; and
"WHEREAS, This Legislative Body is
proudly moved to join the community of Saranac
Lake, New York, in honoring a young woman of
great skill, personal courage, and
unparalleled dedication whose character and
athletic achievements are world-renowned and
personify the highest ideals of the American
spirit and Olympic competition; and
"WHEREAS, Andrea Kilbourne was a
member of the United States Women's Ice Hockey
Team that went 36-1-0 during the 2001-2002
season, which culminated with participation in
the Olympics. She had one goal and one assist
in five games during the 2002 Winter Olympics
in Utah; and
"WHEREAS, Andrea, together with her
American teammates, won a silver medal after a
spirited contest against Canada; and
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"WHEREAS, This was her first
Olympics for the United States Women's Ice
Hockey Team that went 31-0-0 in pre-Olympic
competition. Andrea Kilbourne, who plays
forward, scored a goal in the third period of
the United States 5-0 victory over Finland,
and had one assist during the game with China;
and
"WHEREAS, Andrea Kilbourne, an
undergraduate at Princeton University, was
named All-ECAC and All-Ivy League in each of
her three seasons playing hockey for the
university. She was a Top 10 finalist for the
2001 Patty Kazmaier Memorial Award, presented
annually to the nation's top intercollegiate
women's ice hockey player; and
"WHEREAS, She completed her junior
season at Princeton University in 2000-2001 as
the team's captain, leading the team in
scoring for the third consecutive season, with
49 points in 29 games; and
"WHEREAS, Many will only dream of
competing in the Olympic Games; this young
New York State athlete, through her hard work
and tenacious spirit, has made that vision a
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reality and has proudly represented her
country in competition among the world's
finest athletes, an honor that gives just
cause for her family, community, and state to
be exceedingly proud of her achievements; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor
Andrea Kilbourne, of Saranac Lake, New York,
extending its heartfelt congratulations on her
achievements in the sport of ice hockey, and
wishing her continued success in all her
future endeavors; and it be further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to Andrea Kilbourne and her family."
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Thank you,
Madam President.
Once again, it's an honor to stand
and to honor our athletes that have done such
a tremendous job.
And I have to say, Mark, you really
persevered. I was there in Lillehammer when
you were sliding. And I don't know whether
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you remember how cold it was, but try 14 below
zero. And I have never forgotten that.
But -- now, Nagano, I don't know about there.
But you've done so well and,
Andrea, always stayed right with it. When
there wasn't a girl's team to play with in
Saranac Lake, you played with the boys, and
you beat them. And anyone who is at Princeton
with one semester left and a medal winner at
the Olympics, they certainly have so much to
look forward to, as all the athletes do.
And, Madam President, please allow
me to emphasize this point. I mentioned in
1981 when we were able to put the Olympic
Development Authority together. But
unfortunately, the venues weren't really
staying up to par, they were settling, we were
getting behind. But it's Governor Pataki's
leadership, him coming up to Lake Placid and
seeing the opportunities we had there.
I remember him up on the luge and
bobsled run, and he mentioned to his budget
director that we were going to have to build a
new bob, luge, and skeleton run. And it was
the lady from Michigan who was the budget
890
director, Patty -- Patty Woodward. And I
remember that she was a bit concerned.
But Governor Pataki stayed with his
commitment. It was constructed and we have
the opportunity for these great, great
athletes.
I can only say this as I'm sitting
down. All of you please make sure and attend
an Olympic Games when you can, when you have
the opportunity. You have no idea just how
exciting it is and how much it means on the
world scene.
And with that, Madam President, I
would suggest that the members here who would
like to come in for a little piece of cake --
the cake has Olympic rings on it -- and would
like to come in to the office at 333 and say
hello to the athletes, we would love to have
you do that.
And with that, Madam President,
this is just a great day.
Congratulations. We're so proud of
you.
And I only finally say this. There
are some parents in the house with the
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athletes. And of course this goes for all of
us, but it goes for all of the athletes. I
would remind them, doing so well, that the
river never rises higher than its source.
(Laughter.)
THE PRESIDENT: On that note,
Senator --
SENATOR STAFFORD: They're
insisting that the athletes stand and be
recognized. All of you, all of you stand.
(Applause.)
THE PRESIDENT: On the
resolutions, all in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolutions
are adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a resolution at the desk by Senator
Maziarz. Could we have it read in its
entirety and move for its immediate adoption.
THE PRESIDENT: The Secretary
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will read.
THE SECRETARY: By Senator
Maziarz, Legislative Resolution Number 4250,
honoring Lyndsay Wall in recognition of her
capturing a Silver Medal in Women's Ice Hockey
at the 2002 Salt Lake City Winter Olympic
Games.
"WHEREAS, It is the sense of this
Legislative Body to extend its full
recognition and grateful tribute to the
athletes of New York State who have dedicated
their purposeful lives to athletic achievement
and proudly represented their great state and
nation in Olympic competition; and
"WHEREAS, This Legislative Body is
proudly moved to join the community of
Churchville, New York, in honoring a young
woman of great skill, personal courage, and
unparalleled dedication whose character and
athletic achievements are world-renowned and
personify the highest ideals of the American
spirit and Olympic competition; and
"WHEREAS, Lyndsay Wall was the
youngest member of the United States Women's
Ice Hockey Team that went 36-1-0 in the
893
pre-Olympic competition, a feat which
culminated in participation in the Olympics.
In addition, the 16-year-old high school
junior at Churchville-Chili High School was
the youngest United States of America athlete
at the Salt Lake City Winter Olympic Games;
and
"WHEREAS, Lyndsay Wall played for
the girls' 19-and-under national champion
Syracuse Stars. In the Stars' 2000-2001
season, she had 22 goals and 43 assists in 63
games; and
"WHEREAS, Lyndsay Wall participated
in the 16-and-17-year-old and
18-and-19-year-old USA Hockey women's
development camps in July 2001. She played so
well there that Olympic Coach Ben Smith asked
her to try out for the national team a month
later in Lake Placid. Her size, good hockey
sense, and confidence with the puck impressed
Smith, and he named the defenseperson to the
20-woman Olympic team; and
"WHEREAS, Many will only dream of
competing in the Olympic Games; this young
New York State athlete, through her hard work
894
and tenacious spirit, has made that vision a
reality and has proudly represented her
country in competition among the world's
finest athletes, an honor that gives just
cause for her family, community, and state to
be exceedingly proud of her achievements; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor
Lyndsay Wall, of Churchville, New York,
extending its heartfelt congratulations on her
achievements in the sport of ice hockey, and
wishing her continued success in all her
future endeavors; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to Lyndsay Wall and her family."
THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President. I don't think there's
a day that I have served in this body that I
have been prouder of a constituent of mine.
We heard Senator Stafford and
Senator Bruno speak earlier about some very
great athletes and the fine universities and
895
colleges that they attend or attended.
Lyndsay Wall is an 11th-grader at
Churchville-Chili High School. Other people
dream of being an Olympic athlete, dream of
winning a medal. Lyndsay Wall has done it at
the age of 16.
Congratulations, Lyndsay. Governor
Pataki is extremely proud of you. He talked
to me earlier this morning. We are all very
proud of you, Lyndsay.
When Lyndsay started playing
hockey, there were not many organized girls'
leagues, so Lyndsay played in the boys'
leagues and defeated all of them, and of
course came to the attention of the Olympic
coach.
And there were of course many
cynics, particularly sports reporters, who
thought that a 16-year-old probably would not
make the team, that a 16-year-old didn't have
the physical strength and stamina or the
maturity to make the Olympic team and become
an Olympic star.
Lyndsay Wall proved them all wrong.
She is the most prominent citizen of Monroe
896
County right now. Her parents are extremely
proud of her. Her mom, Sandy Wall, is with us
today, as are her aunt, Carol Lamendola, and
her cousins, Nicole and Liz Lamendola.
We are proud of all of our
athletes, and my colleagues join in
congratulating each and every one of you.
But I have to tell you, Lyndsay,
that I have passed your biography around to
some of my colleagues, and they read all of
your accomplishments, and the most
unbelievable thing is that you have
accomplished all of this and you are still
only 16 years old. Most of them said, "She's
not even registered to vote yet." You know,
that's how they think.
(Laughter.)
SENATOR MAZIARZ:
Congratulations, Lyndsay. You are a medal
winner in reality, but also a real medal
winner in our hearts. Thank you and best of
luck.
THE PRESIDENT: Senator Alesi.
SENATOR ALESI: Thank you, Madam
President.
897
Lyndsay and all of the great
athletes that are here, I welcome you. And
with regard to Senator Maziarz's comments on
your age, I suspect that when you are old
enough to vote, Senator Maziarz will be the
first one to knock on your door.
I was not at the 1932 Olympics,
Senator Stafford, nor was I at any of the
others after that up until 1956, when my
father went to Italy, to Rome, for those great
games and I saw the home movies of what the
Olympics were like. And then, of course, not
long after that we had television in our homes
to watch the Olympics.
SENATOR STAFFORD: '64.
SENATOR ALESI: '56 in Rome, I
believe it was.
SENATOR STAFFORD: No, '64 in
Rome.
SENATOR ALESI: You're the gold
medal winner on that one, Senator. I'm not
going to -- but in any event, the point I'm
making is that as we go through these
every-four-year sessions, and now more
frequently, we had the pleasure of watching
898
these great athletes from all around the
world.
I can't help but reflect on what
has happened in this great country of ours in
September that really tested the heart of
America and Americans and the world as well.
And just a few months later, we had
the opportunity once again to bring the world
together with the Olympics and to see again
the spirit of the Olympics that brings nations
together in a competitive arena, and yet that
brings nations and the people of these nations
together in a spirit of competition but also
in a spirit of togetherness to share that
opportunity to compete, but also to do it as
world brothers and sisters.
And so I couldn't be more proud to
join my colleague Senator Maziarz here in
welcoming you, Lyndsay, as a true
representative of America and the American
spirit, and your colleagues as well, who
represented us so well in Salt Lake City. And
of course to those coaches and parents and
everyone else that supported your efforts.
But when it comes right down to it,
899
when you were out there with your teammates as
an individual and as a member of a great team,
you not only represented the great state of
New York and our mutual friends in
Churchville-Chili, you represented America and
you represented to the world what America is
all about.
All of you who are here today, and
your friends who competed for America with our
sisters and brothers who live in this world
together with us, are great role models for
the people who rule the world politically.
And I welcome you, I thank you for
the wonderful job that you have done, and I
wish you all the very best as you proceed into
the future with great prospects for success.
THE PRESIDENT: On the
resolution, all in favor please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
(Applause.)
900
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. I understand that there's a
privileged resolution at the desk by Senator
Lack. I'd ask that it be read in its
entirety.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Lack,
Legislative Resolution Number 4251, commending
Adam Heidt, of Northport, New York, in
recognition of his distinguished
accomplishments as a member of the USA Luge
Team.
"WHEREAS, It is the sense of this
Legislative Body to extend its full
recognition and its sincere congratulations to
those athletes of the State of New York who
have dedicated their purposeful lives to
athletic achievement and justly earned the
honor of representing their state and nation
in international competition; and
"WHEREAS, This Legislative Body is
proud to join the community of Northport,
New York, in honoring a young man of great
901
skill and courage whose determination and
achievements have earned him national acclaim
and world-renown as a member of the USA Luge
Team; and
"WHEREAS, Adam Heidt finished
fourth at the 2002 Olympic Winter Games in
Salt Lake City, Utah, Luge/Men's Singles, the
highest American finish ever in that sport;
and
"WHEREAS, Born on October 11, 1977,
Adam Heidt resides in Northport, New York; and
"WHEREAS, Adam Heidt began sliding
at the age of 10, after seeing the Lake Placid
1980 Olympic track while on vacation with his
family. In 1998, he was named to the 1998
Olympic team; and
"WHEREAS, Adam Heidt finished
fourth in the Overall World Cup standings in
1998-1999, earned a bronze medal at both the
2001 and the 2000 North American
Championships, and finished ninth at the 1998
Olympic Winter Games in Nagano, Japan, before
qualifying for the 2002 U.S. Olympic Team in
men's singles; and
"WHEREAS, A young man of most
902
singular distinction and an outstanding
athlete of great accomplishments and true
promise, Adam Heidt has clearly demonstrated
the values of dedication, hard work, and
competitive spirit. His preeminent
accomplishments serve as a source of great
pride for his family, friends, and community,
and stand as a model for all who would strive
to achieve new goals; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to commend
Adam Heidt, of Northport, New York, in
recognition of his distinguished
accomplishments as a member of the USA Luge
Team, and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Adam Heidt, Northport, New York."
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
President. I rise to join my colleagues in
congratulating the Olympic athletes who are
here today.
Of course, in my case, certainly
Adam Heidt of Northport -- my hometown, his
903
hometown -- and to thank him for the way he
has represented not only himself and all the
other athletes but all the people of this
state and this country in the recent Olympic
games in Salt Lake City, particularly in a
sport like luge, which for many Americans is a
foreign sport, as it were. There aren't all
that many Americans involved in luge.
And as you heard in the reading of
the resolution, Adam has placed the highest
ever for any American who has practiced the
sport, and certainly in any Olympic games.
And to have that type of
determinative ability, the practice in hours
and weeks and days and months that it takes to
develop the skills that he has taken and to
continue with it and to represent us so well,
particularly at this time in the history of
the country, is really remarkable.
So, Adam, on behalf of all of us
here in the Senate, on behalf of what you've
been able to accomplish for yourself, for your
family and for your friends, I join all my
colleagues in congratulating you and your
colleagues for doing what you've done and for
904
being the best of what you are and in
representing all of us.
And thank you for spending your
time with us today. And good luck as you
decide whether or not to continue in
competition and keep the skills that you have
or to go on and join your father in business
or any other endeavor that you engage in.
Thanks for being here today.
Thank you, Madam President.
THE PRESIDENT: On the
resolution, all those in favor please signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
(Applause.)
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Could we now have the title read
to Privileged Resolution 3943, by Senator
Stafford. And I move for its immediate
adoption.
905
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Stafford, Legislative Resolution Number 3943,
celebrating the remarkable and accomplished
life of legendary Olympian John A. "Jack"
Shea.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Madam
President, as we honor the athletes here
today -- and it's so fitting, Andrea and Mark.
And I want to also recognize Andrea's mother,
Stephanie, is here with us today.
But I believe 19 days before the
Winter Olympics of this year, Jack Shea, in
his nineties, was in an automobile accident,
and he died. Those of us who knew Jack Shea
knew just what a great person he was, and I
say "is."
It's interesting, a colleague of
mine just came over, when it looked like maybe
we were finishing, and said "Aren't you going
to talk about the Shea family?" And that's so
fitting.
I mentioned earlier Jack Shea won
906
two gold medals in 1932. He attended
Dartmouth, Albany Law School. He was a leader
in his community. He raised just such a fine
family. His son Jack and I were roommates at
St. Lawrence. That was quite a while ago.
That's a college.
(Laughter.)
SENATOR STAFFORD: And I of
course got to know Jack very well, because, as
I mentioned, between 1974 and 1980 we did,
five of us, travel a great deal, and Jack Shea
and I were roommates. And flying on
airplanes, you really get to know someone.
But he was so deep. He was a
religious man, committed to his community. He
was a justice of the peace when the justice of
the peace used to be on the town board. He
was a supervisor.
I remember in 1976 we had to go
over for a report for the International
Olympic Committee, and we went to the opening
ceremonies of the Winter Games in '76. We
then flew back -- and of course I wouldn't be
out of the chamber here that long, so we were
here, then we flew back for the closing
907
ceremonies. But Jack wanted to get back and
make sure that he was tending to business.
He was on the order board and was
not afraid to ask questions, was not afraid to
speak his mind. He was a leader on the
organizing committee, the committee that
really was responsible for setting up and
running the games.
He was eloquent. He was eloquent,
and he was interesting. And he always had
time for another person. And as well as he
did and as much of a leader that he was, he
also was so polite and always was stepping
back just a bit. And he really believed in
that very, very fine adage: The other fellow
first.
And it was so sad that he was not
there for his grandson's great, great run, two
runs, at Salt Lake. But many of us felt he
was there. It's been mentioned, Jimmy had his
picture, his card in his helmet.
And we lost just such a great, a
great man. He was Mr. Lake Placid.
And I'll close by pointing out when
we would make presentations, and when we made
908
our bid presentation in Innsbruck in 1974, in
my opinion it was Jack Shea that tipped the
scales.
And one final point you'll all be
interested in, I'm sure, Dorothy Hamill won
the gold medal in Innsbruck in 1976, and she
gave a presentation that Sunday that probably
many of you watched. It was not competition,
she was just skating in a program. And Jack
and I didn't have tickets. But Jack, like the
medal winners here, had his medals with him
during the Olympics.
So I said, you know, "Jack, come
on, we'll walk you in and show them your
medals." And that wasn't really the way he
would do it. He was very, very humble. And
we walked in, and he showed his medals. They
said, "Oh, we haven't got any seats," but they
put us up under the clock. It was a ramp. So
we watched the performance.
And that's just an example of, you
know, how he was so respected, so well liked.
And also his wife, Diddy, just a fine lady. I
talked to her the other day. She's doing
fine.
909
And we do have to mention Jim and
Judy. Jim was an Olympian. And even I have a
little trouble with the numbers, but I think
it's '64 in Innsbruck when he was competing,
yes.
And also Jack has a son Michael
who's a ski instructor at Whiteface. Just a
finer gentleman you won't meet, always time
for everyone.
And of course I mentioned Jack,
who -- his roommate Pat, who's no longer with
us, passed on, was a fine, fine gentleman.
But the Shea family just really --
Lake Placid, the Olympics. Some of you
probably read that Jack Shea used to have
"Gold 32" on his license plate. Jimmy now has
"Gold '02" on his license plate.
But we certainly honor Jack. He
did so much for all of us. And a point that
should be made, he won the '32 Olympics, two
gold medals, but he didn't go to Germany in
1936, for the very reason that he felt that
the government there was not a government that
he was going to recognize or be honored by.
And I think that speaks -- and he always said
910
that the community in Lake Placid would not
want him there and that he wasn't going to go.
So, Mr. President, thank you so
much. This has been a wonderful day. Once
again, congratulations to Andrea and Mark --
to all of you, all of you. All of you. You
certainly set an example. We're so proud of
you.
And we can only say that this
augurs well for the Winter Games that will be
coming up in Lake Placid, the Olympic Winter
Games. Thank you.
And come in for a piece of cake.
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.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Kuhl.
911
SENATOR KUHL: Yes, Mr.
President. We'd like to announce an immediate
meeting of the Crime, Crime Victims and
Corrections Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Crime, Crime Victims
and Corrections Committee in the Majority
Conference Room.
Senator Kuhl.
SENATOR KUHL: Yes, could we now
have the privileged resolution by Senator
Maziarz, Number 4249, read in its entirety.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Maziarz, Legislative Resolution Number 4249,
memorializing Governor George E. Pataki to
proclaim March 16, 2002, as "Liberty Day" in
the State of New York.
"WHEREAS, Our rights and liberties
are rooted in the cherished documents that
gave birth to our nation, those being the
Declaration of Independence and the United
States Constitution with its Bill of Rights;
912
and
"WHEREAS, James Madison, fourth
President of the United States, from 1809 to
1817, is considered one of the Founding
Fathers; and
"WHEREAS, In a distinguished public
career that covered more than 40 years, he
worked for American independence, helped to
establish the government of the new nation,
and went on to participate in that government
as a member of the Congress, Secretary of
State, and ultimately President; and
"WHEREAS, His work on the United
States Constitution gave him his best
opportunity to exercise his great talents and
is generally considered his most valuable
contribution; and
"WHEREAS, His intense concern for
religious and intellectual freedom led him to
seek the strongest possible safeguards of
individual liberty; and
"WHEREAS, More than any other
person, James Madison can be considered
responsible for making the Bill of Rights part
of the Constitution of the United States; and
913
"WHEREAS, He is often referred to
as the "Father of the Constitution"; and
"WHEREAS, While a member of the
Virginia Legislature, James Madison served on
the committee that authored the Virginia Plan.
This document served as the model and the
basis of discussion for the writing of a new
Constitution during the Constitutional
Convention of 1787. The new United States
Constitution established our new form of
Republican government, replacing the flawed
and unworkable Articles of Confederation; and
"WHEREAS, Along with John Jay and
Alexander Hamilton, James Madison wrote the
Federalist Papers. These essays were
published in newspapers throughout the country
successfully offered arguments that encouraged
the States to ratify the new Constitution; and
"WHEREAS, Liberty Day has been
designed to celebrate, recognize and honor the
251st anniversary of the birth of James
Madison; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to memorialize
Governor George E. Pataki to proclaim March
914
16, 2002, as "Liberty Day" in the State of
New York, and to commemorate Lions Club
International Day, to be celebrated on
March 22, 2002, at the United Nations; and be
it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to The Honorable George E. Pataki, Governor of
the State of New York."
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
I know this has been a rather
lengthy day, but I do want to recognize some
guests that we have here today and also to ask
my colleagues to pass this resolution
designating Liberty Day.
And we have some individuals who
have taken part in this from the Kendall High
School: Shawna Maynard and Christy Fessler,
and also the teachers John King and Patrick
Markham. They have taken part in Liberty Day,
which is sponsored by the Lions Clubs
International.
915
And I have to particularly mention
and thank the Lions Club for bringing these
very important documents, the Declaration of
Independence and the United States
Constitution, along with the Federalist
Papers, to the attention, at no cost, to tens
of thousands of school students throughout the
United States.
And we have, I know, several
members of the Lions Club here today.
And I encourage my colleagues to
pass this resolution. And again, Governor
Pataki has already agreed to designate
March 16th as Liberty Day in the State of
New York, as have our colleagues over in the
New York State Assembly.
Thank you, Mr. President.
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
916
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Can we now take up the privileged
resolution by Senator Marchi, 4255, and read
the title of it. And I move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Marchi, Legislative Resolution Number 4255,
honoring Laraine Mirabile of P.S. 56, Staten
Island, upon the occasion of her designation
as recipient of the Cable Television and
Telecommunications Association of New York's
2002 "Educator of the Year" Award.
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.
917
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Could we now have the
noncontroversial reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
41, by Senator Stafford, Senate Print 1052, an
act to amend the Environmental Conservation
Law, in relation to nonhazardous municipal
landfill closure project.
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, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
47, by Senator DeFrancisco, Senate Print 439,
an act to amend Chapter 912 of the Laws of
918
1920, relating to the regulation of boxing and
wrestling.
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, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
80, by Senator Johnson, Senate Print 4512, an
act to amend the Criminal Procedure Law, in
relation to prohibiting issuance.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR KUHL: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
919
THE SECRETARY: Calendar Number
81, by Senator Volker, Senate Print 5313A, an
act to amend the Penal Law and the Correction
Law, in relation to the new crime of gang
sexual assault.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
127, by Senator Balboni, Senate Print 854, an
act to amend the Penal Law, in relation to
criminal street gang activity on school
grounds.
SENATOR KUHL: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
920
THE SECRETARY: Calendar Number
132, by Senator Skelos, Senate Print 5640, an
act to amend the Criminal Procedure Law, in
relation to eliminating the statute of
limitations for Class B violent felonies.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
SENATOR KUHL: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
151, by Senator McGee, Senate Print 5364A, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
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, 59.
921
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
164, by Senator Kuhl, Senate Print 2101, an
act to amend the Highway Law, in relation to
the temporary discontinuance.
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, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
213, by Senator LaValle, Senate Print 2590, an
act to amend Chapter 246 of the Laws of 1916,
relating to the extermination of mosquitoes.
ACTING PRESIDENT MEIER: There is
a home rule at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
922
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
229, by Senator LaValle, Senate Print 5608B,
an act to amend the Education Law, in relation
to defining the practice of psychology.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 19. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
231, by the Senate Committee on Rules, Senate
Print 5786, an act making an appropriation to
pay.
ACTING PRESIDENT MEIER: Senator
923
Kuhl.
SENATOR KUHL: Is there a message
of appropriation at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
appropriation signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
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, 59.
ACTING PRESIDENT MEIER: The bill
924
is passed.
THE SECRETARY: Calendar Number
234, by Senator Hannon, Senate Print 6079, an
act to amend the State Technology Law, in
relation to enacting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Chapter 578 of the Laws of 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl, that completes the
noncontroversial reading of the calendar.
SENATOR KUHL: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: We have
some substitutions, Senator.
SENATOR KUHL: Can we make the
substitutions, please.
ACTING PRESIDENT MEIER: The
925
Secretary will read the substitutions.
THE SECRETARY: On page 21,
Senator Stafford moves to discharge, from the
Committee on Finance, Assembly Bill Number
871E and substitute it for the identical
Senate Bill Number 5611C, Third Reading
Calendar 230.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President.
Mr. President, that obviously
completes the noncontroversial reading and the
controversial reading of the calendar. And
that completes the business of the day, with
the exception of the report of the committee
that is meeting which is going on in the
Majority Conference Room.
So we will stand at ease awaiting
that report and then expect to adjourn until
tomorrow at 3:00, for the benefit of the
members.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
926
of the Crime, Crime Victims, and Corrections
Committee.
(Whereupon, the Senate stood at
ease at 4:27 p.m.)
(Whereupon, the Senate reconvened
at 4:30 p.m.)
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Mr. President, I
understand there is a report from the Crime
Victims, Crime and Corrections Committee at
the desk.
So may we return to the order of
reports of standing committees. I ask that
that report be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Nozzolio,
from the Committee on Crime Victims, Crime and
Correction, reports:
Senate Print 224, by Senator
Nozzolio, an act to amend the Correction Law;
And Senate Print 2670, by Senator
Nozzolio, an act to amend the Correction Law.
927
Both bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Both
bills directly to third reading.
Senator Kuhl.
SENATOR KUHL: I move we adjourn
until tomorrow at the regular time, 3:00 p.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, March 5th, at 3:00 p.m.
(Whereupon, at 4:31 p.m., the
Senate adjourned.)