Regular Session - March 10, 2003
904
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 10, 2003
3:10 p.m.
REGULAR SESSION
SENATOR JOHN R. KUHL, Jr., Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT KUHL: I ask the
Senate to come to order, members to take their
places, staff to take their places.
And I'd ask everybody in the
chamber to rise and join me in saying the
Pledge of Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT KUHL: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT KUHL: Reading
of the Journal.
THE SECRETARY: In Senate,
Saturday, March 8, the Senate met pursuant to
adjournment. The Journal of Friday, March 7,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT KUHL: Hearing
no objection, the Journal stands approved as
read.
Presentation of petitions.
906
Messages from the Assembly.
Senator Schneiderman, why do you
rise?
SENATOR SCHNEIDERMAN: Mr.
President, has the Senate received a
resolution from the Assembly advising the
members of the Senate that the Senate and
Assembly will meet at noon tomorrow in the
Assembly chamber to elect Regents of the
University of the State of New York, pursuant
to Section 202 of the Education Law?
ACTING PRESIDENT KUHL: Senator
Schneiderman, I'm informed by the Secretary of
the Senate that in fact we have received that
communication and it was filed in the Journal
Clerk's office last Wednesday, on March 5th.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
ACTING PRESIDENT KUHL: Messages
from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
907
Senator Bruno.
SENATOR BRUNO: Mr. President, I
believe I have a privileged resolution at the
desk. I would ask that it be read in its
entirety and move for its immediate adoption.
ACTING PRESIDENT KUHL: There is
a privileged resolution by Senator Bruno at
the desk. Direct the Clerk to read it in its
entirety.
THE SECRETARY: By Senators
Bruno, Skelos, and all members of the Senate,
Legislative Resolution honoring Irish Tenor
Ronan Tynan for uplifting the spirits of all
New Yorkers and Americans in the aftermath of
September 11th.
"WHEREAS, The inspiration of the
extraordinary acts performed by individuals
who gave of themselves following
September 11th carried our State and our
Nation through difficulty by showing all of us
the compassion, strength, and power of
humanity; and
"WHEREAS, On this truly special
occasion, this Legislative Body is justly
moved to honor Irish Tenor Ronan Tynan for
908
uplifting the spirits of all New Yorkers and
Americans in the aftermath of September 11th,
and for enriching our lives through the
expression of his extraordinary talent; and
"WHEREAS, Ronan Tynan is best known
as one of the world-famous Irish Tenors and as
a celebrated solo recording artist, but he has
achieved so much more; and
"WHEREAS, He triumphed over
personal adversity and has used his time and
talents to inspire and benefit the people of
the State of New York; and
"WHEREAS, He was born in Dublin,
Ireland, in 1960, with a lower limb deformity
that made walking impossible without weighty
prosthetic aids, yet he trained as a
competitive horse rider and jumper as a boy
and went on to compete successfully in riding
competitions and shows; and
"WHEREAS, Ronan Tynan's legs were
amputated below the knees in 1980, at the age
of 20, and he went on to win 18 gold medals
and set 14 world records in the Paralympic
Games between 1981 and 1990; and
"WHEREAS, He became the first
909
disabled person ever to be admitted to
Ireland's National College of Physical
Education, and graduated as a medical doctor
from Trinity College in 1993; and
"WHEREAS, He began singing at the
encouragement of his father and won Ireland's
John McCormack Cup in 1992, the RTE/BBC talent
show 'Go For It' in 1994, and was named Best
Male Voice at France's prestigious Sing Fest
in 1996, all of which launched his singing
career; and
"WHEREAS, Ronan Tynan joined the
Irish Tenors in 1998 and with them performed
three PBS specials in New York and across the
United States, which have been a resounding
success for public television and the network;
and
"WHEREAS, Ronan Tynan recently
appeared in his first solo special for PBS,
which was highly successful. He has been
named PBS's 'Celebrity of the Year' by
WLIW-TV; and
"WHEREAS, More recently, Ronan
Tynan performed for President and Mrs. George
H.W. Bush in Washington, D.C. He has also
910
sung at a gala concert at Kennedy Center as a
soloist; and
"WHEREAS, On March 6, 2001, Ronan
Tynan and his fellow Irish tenors filled the
Registry Room at Ellis Island with song and
emotion in a tribute to the immigrants who
built and strengthened America; and
"WHEREAS, He won the hearts of the
people of New York and the nation for the
caring and dignified role he played during
countless memorial ceremonies for the victims
of the September 11th attacks; and
"WHEREAS, He used his pure tenor
voice to salute the unflinching heroism of the
FDNY members at services across the City and
State and was named an Honorary New York Fire
Chief; and
"WHEREAS, his heartfelt, soaring
renditions of 'God Bless America,' heard at
the September 11th Memorial Service at Yankee
Stadium and throughout the season, lifted the
spirits of baseball fans and all Americans out
of the park; and
"WHEREAS, His soaring rendition of
'You Raise Me Up' lifted the spirits of the
911
25,000 firefighters and their families who
attended the October 12, 2002, FDNY Memorial
Service at Madison Square Garden; and
"WHEREAS, Ronan Tynan's story of
courage has made him an inspiration to
New Yorkers and to millions worldwide, and his
compassion and achievements reflect the best
of our State; and
"WHEREAS, With our deepest
gratitude and admiration, this Legislative
Body salutes Ronan Tynan, a man of colossal
talent and charisma, for the indelible legacy
of inspiration which he has given to our State
and Nation, and the soaring effect which his
pure voice has had on the hearts of all
New Yorkers; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor Irish
Tenor Ronan Tynan for uplifting the spirits of
all New Yorkers and Americans in the aftermath
of September 11th and for enriching our lives
through the expression of his extraordinary
talent; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
912
to Ronan Tynan."
ACTING PRESIDENT KUHL: The Chair
recognizes Senator Bruno to speak on the
resolution.
SENATOR BRUNO: Thank you, Mr.
President and colleagues.
We're asking for unanimous consent
in extending the privileges of the floor to
Ronan Tynan. And Leader David Paterson joins
in acknowledging that request, with our
colleagues here.
And for those that aren't aware, we
in this chamber are making history with Ronan
Tynan's presence in performing and singing in
the Senate chamber. Never before has anything
like this happened, and that is attested to by
our great historian, Senator Marchi, who is
the longest-serving legislator in the entire
United States.
But you've heard the chronicle of
Ronan Tynan's life. And when you talk about
an inspiration to all of us, Ronan Tynan is
that inspiration. So I can't think of anyone
more suitable who has accomplished more in his
young life than Ronan Tynan has. And he
913
shares his blessing and his gift throughout
the United States and throughout the world, in
always delivering a message -- uplifting,
spiritual, inspirational, making life better
for everyone.
So, Ronan, thank you very much for
sharing your great talents with us here.
An a capella rendition of "God
Bless America" by Ronan Tynan.
(Irish Tenor Ronan Tynan sings:
"While the storm clouds gather
Far across the sea
Let us swear allegiance
To a land that's free.
Let us all be grateful
For a land so fair
As we raise our voices
In a solemn prayer.
God bless America, land that I love
Stand beside her, and guide her
Through the night, with the light
from above;
From the mountains, to the
prairies,
To the oceans, white with foam,
914
God bless America, my home, sweet
home,
God bless America, my home sweet
home.")
(Standing ovation.)
ACTING PRESIDENT KUHL: Any other
member wishing to speak on the resolution?
The question is on the resolution.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed?
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted unanimously.
(Applause.)
ACTING PRESIDENT KUHL: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Hoffmann, on
page number 7 I offer the following amendments
to Calendar Number 97, Senate Print Number
616, and ask that said bill retain its place
on Third Reading Calendar.
ACTING PRESIDENT KUHL: The
amendments are received and adopted, and the
915
bill will retain its place on the Third
Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Balboni, I
wish to call up Senate Print Number 512,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
39, by Senator Balboni, Senate Print 512, an
act to amend the Penal Law.
ACTING PRESIDENT KUHL: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: Senator
Fuschillo.
916
SENATOR FUSCHILLO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT KUHL: The
amendments are received and adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President, I
believe there's a privileged resolution at the
desk by Senator Wright. I would ask that it
be read in its entirety and move for its
immediate adoption.
ACTING PRESIDENT KUHL: The
Secretary will read the privileged resolution
by Senator Wright in its entirety.
THE SECRETARY: By Senator
Wright, Legislative Resolution Number 634,
congratulating the Immaculate Heart Central
High School Girls Soccer and Basketball Teams
upon the occasion of capturing the New York
State Championships.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play and team
spirit, nurtured by dedicated coaching and
strategic planning; and
917
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this State, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
developing a sense of fair play and
competition; and
"WHEREAS, The Immaculate Heart
Central High School Girls Soccer Team are the
New York State Class C Champions, and the
Immaculate Heart Central High School Girls
Basketball Team are the New York State Class D
Champions; and
"WHEREAS, The athletic effort
displayed by these teams is due in great part
to the efforts of Coaches Kurt Robbins and
Jeff St. Croix and their assistants, skilled
and inspirational tutors, respected for their
ability to develop potential into excellence;
and
"WHEREAS, The team's overall
records are outstanding, and the team members
of both sports were loyally and
enthusiastically supported by family, fans,
918
friends, and the community at large; and
"WHEREAS, The hallmarks of the
Immaculate Heart Central High School Girls
Soccer and Basketball Teams, from the opening
games of the season to participation in the
championships, were a sisterhood of athletic
ability, of good sportsmanship, of honor and
of scholarship, demonstrating that these team
players are second to none; and
"WHEREAS, Athletically and
academically, the team members of both sports
have proven themselves to be an unbeatable
combination of talents, reflecting favorably
on their school; and
"WHEREAS, Coaches Kurt Robbins and
Jeff St. Croix, and their staffs, have done a
superb job in guiding, molding, and inspiring
the team members towards their goals; and
"WHEREAS, Sports competition
instills the values of teamwork, pride and
accomplishment, and Coaches Kurt Robbins and
Jeff St. Croix and their outstanding athletes
have clearly made a contribution to the spirit
of excellence which is a tradition of their
school; now, therefore, be it
919
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Immaculate Heart Central High
School Girls Soccer Team, its members --
Cristina Leon, Marisa Vespa, Angela Puccia,
Katelyn Moran, Diane Amelio, Megan Fortunato,
Santina Doldo, Addie Stevens, Madison Ringer,
Mattea Alteri, Ashley Cesta, Megan Dumka,
Kaitlin Robbins, Brittany Bowhall, Ashley
Zaremba, Mary Knapp, Nadine Powell, Andrea
Beach, Rachelle Misercola, Deena Lazore, Kara
Nicol, Alicia Spooner, Theresa Staub, Nakia
Doldo, Elysa Doldo, Kady Boynton, Meghan
Weldon, and Mary Tess Maroney -- and Assistant
Coaches Brandon Cooney, Liana Spaziani, Lennie
Spaziani and David Bowhall, and Coach Kurt
Robbins; and the Immaculate Heart Central High
School Girls Basketball Team, its members --
Mattea Alteri, Andrea Beach, Kathleen Evans,
Megan Fortunato, Jennifer Fraczek, Laura Ille,
Morgan Jeschawitz, Tracy Leonard, Kimberly
Marshall, Katelyn Moran, Jennifer Prevost,
Angela Puccia, Jillian Redder, Marisa Vespa,
Kyra Waterson, and Alyssa Wills -- Assistant
Coaches John Johnson and Mike Fortunato, and
920
Coach Jeff St. Croix, on their outstanding
seasons and overall team records; and be it
further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Immaculate Heart Central High School
Girls Soccer and Basketball Teams and to
Soccer Coach Kurt Robbins and Basketball Coach
Jeff St. Croix."
ACTING PRESIDENT KUHL: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's another privileged resolution at the
desk by Senator Wright. Could we have it read
in its entirety and move for its immediate
adoption.
ACTING PRESIDENT KUHL: The
921
Secretary will read.
THE SECRETARY: By Senator
Wright, Legislative Resolution Number 633,
congratulating Student Athlete Derek McGuire
of Immaculate Heart Central High School upon
the occasion of capturing the New York State
Class C/D Championship in the Discus.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play, and
team spirit, nurtured by dedicated coaching
and strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, and imparting a desire for success,
and developing a sense of fair play and
competition; and
"WHEREAS, This Legislative Body is
justly proud to congratulate Student Athlete
Derek McGuire of Immaculate Heart Central High
School upon the occasion of capturing the
New York State Class C/D Championship in the
922
Discus; and
"WHEREAS, Derek McGuire won the
New York State Class C/D Championship at
Rush-Henrietta in the Discus with a throw of
156 feet, 11 inches; and
"WHEREAS, Derek McGuire was the
Discus winner in every meet that he
participated in; and
"WHEREAS, Derek McGuire set the
meet record with a throw of 156 feet, 1 inch,
at the South Jefferson Invitational and was
named Outstanding Performer; and
"WHEREAS, Derek McGuire set the
meet record in the Frontier League Track and
Field Championships with a throw of 159 feet,
1 inch; and
"WHEREAS, In addition, Derek
McGuire finished second in the Shot Put, with
a toss of 51 feet, 2 inches; and
"WHEREAS, The athletic talent
displayed by Derek McGuire is due in great
part to the efforts of his private coach,
Ralph Moore, a skilled and inspirational
tutor, respected for his ability to develop
potential into excellence; and
923
"WHEREAS, Derek McGuire's overall
record is outstanding; he was loyally and
enthusiastically supported by family, fans,
friends, and the community at large; and
"WHEREAS, Coach Ralph Moore has
done a superb job in guiding, molding and
inspiring Derek McGuire toward his goals; and
"WHEREAS, Sports competition
instills the values of teamwork, pride, and
accomplishment, and Derek McGuire has clearly
made a contribution to the spirit of
excellence which is a tradition of his school;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate Student Athlete Derek McGuire of
Immaculate Heart Central High School upon the
occasion of capturing the New York State Class
C/D Championship in the Discus; and be it
further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Derek McGuire."
ACTING PRESIDENT KUHL: The Chair
recognizes Senator Wright on the resolutions.
924
SENATOR WRIGHT: Thank you, Mr.
President.
It's truly a privilege this
afternoon to welcome the student athletes from
Immaculate Heart in Watertown, representing
Jefferson County in the North Country.
And I truly appreciate the
acknowledgement of the Senate for their
accomplishments, for it is rare indeed that
student athletes have the occasion to win a
statewide championship. It's even more rare,
indeed, that that same high school will
achieve two statewide championships in a
single year.
The young ladies who serve as
members of the basketball and soccer teams in
fact did accomplish that, through the
leadership and direction of their coaches,
Coach Robbins, who has joined with us today,
and Coach Cooney. We want to recognize their
participation, the discipline, the
instruction, the leadership that they have
provided these young ladies.
These young ladies, in turn, have
risen to the challenge, taken those
925
opportunities and responded in a fashion that
few in the state can speak to, having done it
not only once but twice.
Five of those individuals actually
serve as members of both squads, and I'd like
to recognize them: Katelyn Moran, Mattea
Alteri, Megan Fortunato, Angela Puccia, and
Marisa Vespa. Together, if those five young
ladies would please stand -- we're
embarrassing them, and I apologize for that.
Those individuals served on both teams and in
turn were selected as the Watertown Athletes
of the Year for that accomplishment. Thank
you.
So I'm very glad that we were able
to pause in our deliberations today to
recognize these young ladies, recognize their
accomplishments. And as the resolution so
accurately points out, they truly are student
athletes of which we can be proud.
Now, we don't want to forget the
male members of that student body either. And
so with them, these young ladies have extended
the courtesy of inviting Derek McGuire to join
them.
926
Derek, if you would please rise.
Derek is also a state champion and,
as the resolution acknowledges, was the 2002
Track and Field State Champion for the Discus
in Class C and D. But he didn't stop there;
he has built upon that, and this year, just a
week ago, was the 2003 State Champion for
Indoor Track and Field for the Shot Put.
So like his colleagues, female
colleagues at Immaculate Heart, he too has
achieved the distinction of being a two-time
state champion.
And with them today are their
principal, Principal Fontana, and the athletic
director, Mr. Delaney. If they would also
rise to be recognized.
So on behalf of all of my
colleagues, welcome to the Capitol. I hope
you've truly enjoyed your day. You are here
as part of history, because in addition to
being here for the Irish Tenor's presentation,
you too will be recorded in the history of the
State of New York, having been recognized by
these resolutions.
So thank you very much. Thank you
927
for serving as excellent models of what the
youth of New York are and what our student
athletes are from the North Country.
Thank you, and safe home. God
bless you.
(Applause.)
ACTING PRESIDENT KUHL: Senator
Farley, on the resolution.
SENATOR FARLEY: Thank you very
much.
Senator Wright, I rise to join you
in saluting these athletes from Immaculate
Heart Central. The city of my birth is
Watertown. I graduated from Immaculate Heart
also, as did my mother, who was in one of the
first graduating classes at Immaculate Heart.
We're very, very proud of you.
I've never seen so many fine athletes, ever,
on a particularly incredible day for the Irish
and for everybody else. And we're very, very
proud of you. Congratulations.
There's been a tradition not only
of academic excellence at Immaculate Heart,
but of also athletic excellence. And you're
following in that tradition.
928
As you read off those names, the
Puccias, the Alteris, and the Vespas, I went
to school at Immaculate Heart with many of
those names, who must be your fathers or even
grandfathers for that matter.
Thank you very much, Senator
Wright, for this resolution. And I would hope
that I might be a sponsor of it.
Thank you very much.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the resolution?
Hearing none, the question is on
the resolution. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
There will be an immediate meeting
of the Investigations and Government
929
Operations Committee in Room 332.
ACTING PRESIDENT KUHL: Immediate
meeting of the Investigations Committee in the
Majority Conference Room, 332. Immediate
meeting of the Investigations Committee,
Majority Conference Room, Room 332.
Senator Marcellino.
SENATOR MARCELLINO: Would you
recognize Senator Alesi, please.
ACTING PRESIDENT KUHL: Senator
Alesi, why do you rise?
SENATOR ALESI: Thank you, Mr.
President.
This seems to be a day when we all
have the joyful opportunity to recognize so
many notable people. And I know that there
will be more coming.
And I have the pleasant surprise of
being joined today by my good friend
Assemblyman Errigo, who has just introduced
me, by surprise -- and a delightful surprise,
at that -- to Miss New York State Teenager,
Lea Daley. And Lea is joining us today with
her mother, Debra, and her father, Michael.
And at a time when so many people
930
look at our nation's youth and wonder the
direction that our country is going in, we can
only look at someone like Lea and all that she
has accomplished and say that she is the
benchmark for what we can hope for for today's
young people as they grow into adulthood.
She is truly an accomplished young
lady, goes to Rush-Henrietta High School, and
in her young age has achieved so much and has
shown so many people the hope that we all look
for in our young people, that I'm very honored
to be joined by her and her family and
Assemblyman Errigo today.
Mr. President, Lea Daley,
Miss Teenager of 2002 New York State.
(Applause.)
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, if we could go to Resolution Number
636, by Senator Rath, and have the title read
of that privileged resolution.
ACTING PRESIDENT KUHL: The
Secretary will read the title of Resolution
Number 636.
931
THE SECRETARY: By Senators Rath
and Bruno, Legislative Resolution Number 636,
memorializing the Honorable George E. Pataki
to designate March 2003 as "Women's History
Month" in the State of New York.
ACTING PRESIDENT KUHL: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Marcellino.
SENATOR MARCELLINO: Following
our normal procedure, Mr. President, if we
could open that resolution up for sponsorship
to all members of the house. And if anyone
doesn't wish to be on the resolution, to so
indicate to the Chair.
ACTING PRESIDENT KUHL: I'll
direct the Secretary to put all the members on
the resolution as cosponsors, unless there is
some individual who identifies themself to the
932
Journal Clerk that they don't wish to be on
the resolution; they will be excluded from
sponsorship.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I believe there are two privileged
resolutions by Senator Nozzolio. And if we
could have them read, Numbers 651 and 652.
ACTING PRESIDENT KUHL: The
Secretary will read Resolution Numbers 652 and
651 in their entirety.
THE SECRETARY: By Senator
Nozzolio, Legislative Resolution Number 651,
congratulating the Webster Schroeder High
School Football Team and Coach Anthony Bianchi
upon the occasion of capturing the New York
State Public High School Athletic Association
Class AA Championship.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play, and
team spirit, nurtured by dedicated coaching
and strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
933
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
developing a sense of fair play and
competition; and
"WHEREAS, It is the sense of this
Legislative Body to recognize and pay tribute
to those young people within the State of
New York who, achieving outstanding success in
athletic competition, have inspired and
brought pride to their school; and
"WHEREAS, This Legislative Body is
justly proud to congratulate the Webster
Schroeder High School Football Team and Coach
Anthony Bianchi upon the occasion of capturing
the New York State Public High School Athletic
Association Class AA Championship; and
"WHEREAS, The Webster Schroeder
Warriors won their second straight AA
championship, and third in the past four
years, after defeating Shenendehowa High
School 28-7 at the Carrier Dome in Syracuse,
New York; and
"WHEREAS, The athletic talent
934
displayed by this team is due in great part to
the efforts of Coach Anthony Bianchi and his
team of outstanding assistant coaches, skilled
and inspirational tutors, respected for their
ability to develop potential into excellence;
and
"WHEREAS, The team's overall record
is outstanding, and the team members were
loyally and enthusiastically supported by
family, fans, friends, and the community at
large; and
"WHEREAS, The hallmarks of the
Webster Schroeder High School Football Team,
from the opening game of the season to
participation in the New York State Public
High School Athletic Association Class AA
championship game at the Carrier Dome, were a
brotherhood of athletic ability, of good
sportsmanship, of honor and of scholarship,
demonstrating that these team players are
second to none; and
"WHEREAS, Athletically and
academically, the team members have proven
themselves to be an unbeatable combination of
talents, reflecting favorably on their school;
935
and
"WHEREAS, Coach Anthony Bianchi and
his staff have done a superb job in guiding,
molding, and inspiring the team members toward
their goals; and
"WHEREAS, Sports competition
instills the values of teamwork, pride, and
accomplishment, and Coach Anthony Bianchi and
his outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition of Webster Schroeder High
School; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Webster Schroeder High School
Football Team, its members -- Andrew Fichera,
Mike Smith, Justin Costanza, Mike Kaplun, Ray
Jones, Joe Aquilina, Dave Serinis, RJ Kelly,
Eddie Paffendorf, John Piccone, Mike Mahoney,
Dave Dodge, Lee Williams, Mike Stenclik, Carl
Garritano, Phil Galletto, Geremy Powers, Mitch
Pawlak, Mike Ruggieri, Steve Caezza, Mike
Hughes, Joe Nacca, Jim Mikolajko, Chris Joyce,
Khyle Petrie, Andrew Hughes, Bryan Lehrer,
Aaron Frank, Craig Avalon, Jimmy Johnson,
936
Brandon Mack, Rob Herman, Melood Abugasea,
Mike Yokopovich, Chris Massaro, Mark Dyroff,
Dave Burgess, Chris McClurg, Brian Caston,
Justin Schifano, Russ Corona, Jeff
Bucciarelli, Evan McConnell, Chad Costanza,
Brian Mack, Billy Bulmahn, and Mark
Chavoustie -- and Coach Anthony Bianchi on
their outstanding season and overall team
record; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Webster Schroeder High School Football
Team and to Coach Anthony Bianchi."
ACTING PRESIDENT KUHL: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
The Secretary will continue to
read.
THE SECRETARY: By Senator
937
Nozzolio, Legislative Resolution Number 652,
honoring Carl Garritano upon the occasion of
his designation as the 2002 Class AA High
School Football Player of the Year.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play and team
spirit, nurtured by dedicated coaching and
strategic planning; and
"WHEREAS, This Legislative Body is
justly proud to honor Carl Garritano upon the
occasion of his designation as the 2002 Class
AA High School Football Player of the Year;
and
"WHEREAS, Carl Garritano proved
once again to be the top high school football
player in the state, as he was selected the
Class AA Player of the Year for the 2002
season. The Webster Schroeder senior also
earned the same honor in 2001; and
"WHEREAS, Carl Garritano's
statistics for the season are 2,394 rushing
yards, 34 touchdowns, and three receptions for
53 yards; on defense, he made 37 tackles and
had one interception; and
938
"WHEREAS, Carl Garritano's career
rushing yard total was 5,212, as he became the
Section 5 all-time leading rusher; his career
touchdown total was 74 in leading his team to
back-to-back state titles, and winning three
titles in four years; and
"WHEREAS, Webster Schroeder High
School is planning to retire Carl Garritano's
jersey number upon his reaching the pinnacle
of being chosen Class AA Player of the Year;
and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the
values of teamwork, encouraging a standard of
healthy living, imparting a desire for
success, and developing a sense of fair play
and competition; and
"WHEREAS, The athletic talent
displayed by Carl Garritano is due in great
part to the efforts of Coach Anthony Bianchi,
a skilled and inspirational tutor, respected
for his ability to develop potential into
excellence; and
939
"WHEREAS, Athletically and
academically, Carl Garritano has proven
himself to be an unbeatable combination of
talents, reflecting favorably upon his school;
and
"WHEREAS, It is the sense of this
Legislative Body that when individuals of such
noble aims and accomplishments are brought to
our attention, they should be celebrated and
recognized by all the citizens of the great
State of New York; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor Carl
Garritano upon the occasion of his designation
as the 2002 Class AA High School Football
Player of the Year; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Carl Garritano."
ACTING PRESIDENT KUHL: The Chair
recognizes Senator Nozzolio on the resolution.
SENATOR NOZZOLIO: Thank you, Mr.
President, on the resolution.
And it's on both resolutions I wish
to thank our Journal clerk, Thomas Testo, for
940
his excellent reading of those resolutions.
They're very important documents. They're
part of the history of this state.
And along with Senator Wright and
Senator Alesi, as young people were recognized
today, I think it's so important, as we talk
about the crisis and the challenges facing our
state, that certainly the leaders of tomorrow
are those young people who are being
recognized today.
I first wish to thank Coach Anthony
Bianchi and his assistant coaching team, who
is here today: Jim Bellucco, Dave Howlett,
Todd Zoltoski, and Kit Pritchard, who, along
with Coach Anthony Bianchi, have molded
together a unit of young people I daresay
second to none in the history of this great
state.
Some may think that statement
hyperbole. However, I do not know of any
organization like this football team from
Webster Schroeder that has, over the last four
years, won three state AA titles. A
remarkable achievement in an extremely
competitive environment.
941
But, my colleagues, that is not the
most significant achievement, although
significant, of this team. The most
significant achievement of the coaches and of
the young men who make up this team are the
fact that these individuals are the finest
gentlemen you will ever want to know. They
are leaders in their community. They are role
models for young people coming behind them.
They are truly outstanding young people, young
men who I predict are genuine leaders of
tomorrow.
Of the team, many of the
upperclassmen will be going on to play
athletics, participate in athletics in
college, some to large Division 1 schools,
others to Division 3 schools. But the fact of
the matter is they will be participating. And
they will be ambassadors for the community of
Webster throughout this state, throughout our
region, and throughout the nation.
Before I yield and sit down, Mr.
President, I would like to mention the
resolution that honors Carl Garritano. Carl
is the last member of this great team that
942
wants to be singled out. But the fact of the
matter is his accomplishments are second to
none across this state in terms of his
football prowess.
But as with the team, his greatest
accomplishments in school are not the
yardage -- although very considerable -- not
the number of touchdowns, which are
record-setting, but the fact that he is a
gentleman and a leader in every sense of the
word. I'm honored to know him and his
teammates. And their pursuit, win or lose on
the football field, is not as important as
what they bring to the dimension of honor and
scholarship.
It is indeed a pleasure to know,
though, that Carl will be playing football and
going to school in New York State, at Fordham,
as are many of the members of this Webster
football team staying in New York.
Mr. President, it is an honor to
represent this great community, an honor still
to acknowledge this wonderful group of young
people and the leaders, led by Tony Bianchi,
that have taken them to such great heights.
943
Thank you, Mr. President.
ACTING PRESIDENT KUHL: The Chair
recognizes Senator Robach on the resolution.
SENATOR ROBACH: Yes, Mr.
President.
Let me also add briefly, while I do
not have the pleasure of representing Webster
in my district, I do have a personal
affiliation with Coach Bianchi and Jim
Bellucco, a childhood friend of mine. And I
did go with Senator Nozzolio to the
championship game.
And I just wanted to add also,
knowing the coaches more than I certainly know
the players, I think a good point to
underscore is how much, besides their success
on the field, the amount of time, care, and
concern these coaches give the kids. I was
talking to Coach Bianchi's wife, and she said
during the football season there's no doubt he
eats, sleeps, everything that has to do with
his players, both on and off the field.
And those are the kind of efforts
that certainly we know we need, we can use,
and we should applaud in society today, to not
944
only achieve success on the field but also
focus on integrity, teamwork, academics, and
the things that I know will make these young
men fine adults and successful in their life.
So I just wanted to join with my
colleague Senator Nozzolio and congratulate
them on their outstanding achievement, but
also their life achievement and fine example
they've set for coaches and players all across
the state, and wish them well in their future
endeavors.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Stachowski, on the resolution.
SENATOR STACHOWSKI: Mr.
President, I rise to second Senator Nozzolio's
resolution.
And unlike Senator Robach and
Senator Alesi, who is going to speak next, I
have no connection at all to Rochester. I
just had the good fortune to see Webster's
play in the championship game in the Far West
Regionals in Ralph Wilson Stadium.
And I wish these two would have
come out in that inclement weather to see you
945
guys play; we probably would have got them in
the press box, where I watched your game. I
stayed outside for the other ones, but it got
a little cold after a while.
But this is a truly remarkable
team. They had great success. I'd like to
congratulate the coach on a great job of
always keeping his team focused.
And I'd also like to congratulate
Carl Garritano. He's excellent running back,
I could see from that one game, and then I
also saw film clips on him on Empire on
various occasions. And I'm glad to see that
he's going on to college. Unfortunately, he's
going to Fordham, as I went to Holy Cross, who
plays Fordham. But I think it's a great
school, and he'll do great there too.
And congratulations to the rest of
the team on their achievements, and good luck
to all the seniors that are moving on to play
in college.
And the one message to the
underclassmen, that although you may be
successful in football, if you don't do your
grades, you can't get into school no matter
946
how good you are. And I'm sure your coaches
tell you that all the time, but it never hurts
when it's reinforced by people that have gone
through that experience and that do other
things.
So good luck to you in the future,
to all of you. Congratulations to all of you
on the coaching staff in particular, because
of all the time and dedication it takes to
work in that area. And good luck in all of
your futures.
ACTING PRESIDENT KUHL: Senator
Alesi, on the resolution.
SENATOR ALESI: Thank you, Mr.
President.
As Yogi Berra said, "It seems like
deja vu all over again." This is the second
time that I've had the pleasure of joining my
colleague Senator Nozzolio, who so eloquently
welcomed you and recognized all of your
accomplishments and the accomplishments of
your coaches, with the support of your parents
and friends and all of the people in the
school district.
The reason that I rise to join --
947
not only to join in acknowledging you and
wishing you the very best, and in
congratulating you, and Carl as well; also,
those of you who are in the school district
might have colleagues and friends that live in
the town of Penfield, which I represent.
But more importantly, you, as I
said earlier with our Miss New York State
Teenager, you are the future of this state and
this great nation. And we look to you -- many
times, young people are thought that they
should be looking to adults for role models.
But there are times when we look to those of
you, in our younger years, that you should be
our role models when it comes to sportsmanship
and acting as a team and showing us how to
live the good life and to pursue a bright
future.
And in doing that, I wish all of
you the very best. Those of you who are
leaving this year, I wish you good success.
And those of you who will be coming back next
year, more continued success.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
948
Senator wishing to speak on the resolution?
Hearing none, the question is on
the resolution. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Marcellino, that brings us
to the calendar.
SENATOR MARCELLINO: Yes, Mr.
President. Can we have the noncontroversial
reading of the calendar, please.
ACTING PRESIDENT KUHL: The
Secretary will read the noncontroversial
reading of the calendar.
THE SECRETARY: Calendar Number
106, by Senator Volker, Senate Print 1157, an
act to amend the Criminal Procedure Law, the
Public Health Law, and the Family Court Act.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 5. This
949
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
107, by Senator Robach --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
110, by Senator Meier, Senate Print 1264, an
act to amend the Penal Law, in relation to
permitting a court to impose a sentence.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT KUHL: Call the
roll.
950
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
127, by Senator Wright, Senate Print 1068, an
act to amend the Environmental Conservation
Law, in relation to identification of traps.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
128, by Senator Little, Senate Print 1414, an
act to amend the Environmental Conservation --
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
951
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, can we proceed now to the
controversial reading.
ACTING PRESIDENT KUHL: The
Secretary will proceed with the reading of the
controversial calendar.
THE SECRETARY: Calendar Number
107, by Senator Robach, Senate Print 1202, an
act to amend the Penal Law, in relation to
assault upon a police or peace officer.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT KUHL: Senator
Robach, an explanation of Calendar Number 107
has been requested by the acting minority
leader, Senator Schneiderman.
SENATOR ROBACH: Mr. President,
this bill would make a person guilty of
assault in the third degree when he or she
assaults a person that he or she knowingly or
reasonably should know is a police officer or
a peace officer, while the officer is engaged
in the course of performance of his or her
official duties.
952
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, the Secretary will
read the last section.
Senator Hassell-Thompson, why do
you rise? To explain your vote or to speak on
the bill?
SENATOR HASSELL-THOMPSON: To ask
a question.
ACTING PRESIDENT KUHL: Senator
Robach, do you yield to a question from
Senator Hassell-Thompson?
SENATOR ROBACH: Absolutely, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HASSELL-THOMPSON: Thank
you.
Senator, if you would give a little
more attention to the language of the bill
that talks about "should know."
SENATOR ROBACH: I'm not sure I
understand that.
SENATOR HASSELL-THOMPSON: In the
bill it talks about -- it provides that a
953
person is guilty of assault third when he or
she strikes a person he or she knows or should
know. Would you explain the language of
"should know"?
SENATOR ROBACH: Oh, sure.
Absolutely. I think "should know" is a
uniformed officer, he or she, or a
nonuniformed officer identifying themselves as
an officer.
And I would imagine that this would
be applicable only when someone is in the
commission of performing their duties, which
means they would be on the scene in
relationship to calls or response to something
in the normal course of police work, usually
defending or protecting the public.
If that does not answer your
question, I'd be happy to give you a scenario.
SENATOR HASSELL-THOMPSON: Mr.
President, if the Senator would continue to
yield.
ACTING PRESIDENT KUHL: Senator
Robach, do you yield to another question by
Senator Hassell-Thompson?
SENATOR ROBACH: Certainly.
954
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HASSELL-THOMPSON: More
than a question, let me give you a scenario,
for instance. You have said -- and I think
I'm very comfortable with he or she knows,
meaning that a uniformed officer, easily
identifiable, the presumption that undercover
would identify themself as such.
But the scenario of concern is many
times off-duty police officers may be in a
store and an incident will break out and they
may not necessarily identify themselves prior
to as being an officer. But according to
this, "should know" makes the presumption that
the person would know that they were a police
officer.
SENATOR ROBACH: I think in order
for this charge, they would have to identify
themselves and be in the course of duty. So
if that did not occur, I think then you'd be
looking at a different set of circumstances.
I'll give you a scenario and tell
you what this is to cover. We had a situation
where the only law enforcement person in a
955
situation in Rochester was an off-duty female
officer, where there were people involved in
an altercation certainly physically much
larger than her.
Had she not been able to use the
power of her badge, really, identifying
herself and trying to calm the situation, I
think that that may have led to much more
injury to other citizens, law-abiding people,
in and about this venue that had nothing to do
with the altercation.
Saying to people, in us passing
this bill, as we did two years ago, when it
passed 56 to 1, saying we want to strengthen
the penalties for those people doing their
duty, trying to make us safe, I think is
fairly clear. But it's a clear message to
people as long as they are identified, as you
point out, that striking an officer is a
serious thing in the line of duty.
I'd like to even go further and
increase penalties for assault in a lot of
other areas. But certainly for those who are
the thin line between us, injury, perhaps
death, I think makes a lot of sense.
956
So as long as they do identify
themselves, they would be covered under the
statute. Otherwise, again, a different set of
circumstances would arise if they did not and
were not in uniform.
SENATOR HASSELL-THOMPSON: Thank
you.
Mr. President, on the bill.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, on the bill.
SENATOR HASSELL-THOMPSON: I
certainly, like you, want to be sure that our
persons, whether in or out of uniform -- I
also recognize that police officers
technically are never off-duty. And so
therefore, the responsibility of their duty
carries over into plainclothes.
I just need to be sure, though,
that as we develop legislation in these
chambers that we try to look at the broad
spectrum of scenarios that may occur when
we're not present. When people are not in
uniform, it is very difficult for me to assume
that everyone should know and that every
officer will in fact do as the female officer
957
that you described, identify herself
immediately, so that under those circumstances
it's not a matter of "should know" but it
becomes a matter of "knows."
By showing the badge, they have
identified. That takes it out of the category
of "should know."
"Should know," to me, becomes a
subjective situation where, if in fact there
is an altercation, the person who is the
perpetrator in this instance does not in fact
know, and the officer has not in fact
identified themselves but later says yes, they
did identify themselves. It becomes a matter
of where does the jury stand.
And so for us to create language
that would set up that kind of situation makes
me uncomfortable.
Again, I will in fact support the
bill, but I need to do that with you having
the understanding that "should know" is very
clinical for us to say that in these chambers.
But in those situations in alleys and wherever
police officers are performing their duty,
they may be doing it with the best of
958
intentions, but they may not always do it in a
correct procedural manner. And for that, I
don't want to open the door to allow for that.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Volker, why do you rise?
SENATOR VOLKER: I just want to
point out something. And having been --
ACTING PRESIDENT KUHL: Senator
Volker, on the bill.
SENATOR VOLKER: Having been
involved in a couple of the cases involving --
and they always involved felonies, because the
reason for this bill really is how difficult
it is for any jury or any court, really, to
accept the fact that it is as serious to
assault a police officer as it is an
individual.
He technically can be charged with
a Class A misdemeanor anyways. Let remember
what this is, assault in the third degree.
It becomes a -- the element of the
crime clearly becomes the issue of whether the
person knew that the person was a police
officer. Therefore, if you have a simple
959
chase, for instance, where somebody is running
down the street and a guy starts chasing them
and happens to be a cop, but he just knocks
them down or whatever, there have been cases
already where police officers, even who have
been injured, they were asked on the stand:
"Did you identify yourself?" And they say,
"Well, he should have known I was a police
officer."
And the answer is that's not going
to work, because the guy has to be in a
position, or the woman, where they can
categorically say they identified themselves
or that there was proper knowledge.
And the reason for the "should have
known," obviously, if the person is in a
uniform or has got badges all over them or
whatever.
The actual "known," really, is the
other side of the coin. And that means that
the person has to be able to testify that he
somehow informed that person. Under penalty,
by the way, of perjury.
So the reason for this bill is
really to provide greater protection and
960
provide a Class A misdemeanor where the
alternative is either obstructing governmental
administration or whatever, which I think is a
B misdemeanor -- I'm not even sure -- but
which is the lowest form of crime that there
is.
So that's what this is about. And
you can be sure that anybody who is going to
be charged under this is going to be faced
with that -- that -- that's got to be right up
front as an element of the charge.
ACTING PRESIDENT KUHL: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: Yes, Mr.
President, on the bill.
I note that I did not vote no on
this last year, according to my records, but I
don't know why.
(Laughter.)
SENATOR MONTGOMERY: I just want
to point out that we already have, in law,
protections for police officers when someone
assaults a police officer. But I believe what
the difference is is that it requires some
level of proof of actual injury. And so that,
961
I think, is a good thing. We certainly have
every interest in protecting our police
officers.
But what this bill will do is to
lower the level of the requirement that there
be actual injury, that there be proof of
injury.
And since this kind of charge is
the usual -- part of the usual several charges
that police officers make whenever they arrest
anyone, even when there's not necessarily a
criminal charge -- the reason that I know
this, Mr. President, is because I've had so
many young African-American men in particular,
mostly teenagers, who have been arrested for
whatever reason, and the charges are always
resisting arrest, disorderly conduct, and
assault of an officer.
Now, in the case of an assault, the
officer must prove that he or she was actually
assaulted. There must be some level of proof.
What we seem to be doing here is reducing that
to the point where we have -- any time an
officer makes an arrest for any reason, that
can become a charge that is made which sticks
962
onto that young person's record and begins to
build up a rap sheet, so to speak, which
eventually ends up being viewed as a predatory
person.
So I'm voting against this because
I don't see the need. I think that while we
want to protect police officers, we certainly
should require that there be some evidence of
actual injury before we start to charge
people. Because a lot of what's going to --
this -- these kinds of charges will rest with
young African-American men, who are -- a lot
of whom reside in my district.
So I'm going to vote no on this
this year.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, the Secretary will
read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
963
ACTING PRESIDENT KUHL: Record
the negative and announce the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Continue to read the controversial
reading of the calendar.
THE SECRETARY: Calendar Number
128, by Senator Little, Senate Print 1414, an
act to amend the Environmental Conservation
Law, in relation to county responsibility.
SENATOR LIZ KRUEGER: Explanatio
n.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT KUHL: Senator
Little, an explanation of Calendar Number 128
has been asked for by a number of senators.
SENATOR LITTLE: Thank you. I'm
pleased to have the opportunity to be able to
explain this bill.
This is a bill that addresses a
requirement that is now in law. The
964
Adirondack Park is comprised of 6 million
acres. Three million of those acres are owned
by the State of New York, and most of that is
considered Forest Preserve.
The DEC, Department of
Environmental Conservation, is required to
suppress fires within those -- on those forest
lands. When they do so, they bring in
equipment, they may need helicopters for water
drops, because these are on mountainsides and
all. They need bulldozers, they bring in
sand, fire-suppressing foam.
They also have the authority, in
addition to using all the DEC employees that
they can pull in, they have the authority to
hire citizens to come and help fight the fire.
And I believe they pay them $1.75 an hour or
$3.50, depending upon their skills.
In addition to all of that, the
county and town fire departments, who are all
volunteers, bring all of their equipment and
all of their personnel that's available to
help fight this fire. And hopefully the fire
gets put out in a reasonable amount of time.
There have been fires, particularly
965
after dry summers, that have lasted for a
week, especially in the mountains, where the
fire gets into the roots of the trees and
travels under the ground and then pops up in
different parts of the forest.
The part about -- everything is all
right to this point. In the end, however, the
State of New York adds up all of the costs
that DEC has encountered in equipment,
helicopters, bulldozers, et cetera, all of the
people that they had to hire, their expenses
for fighting this fire -- not the expenses of
their employees, but all the other expenses --
and they then send the county a bill for half
the cost.
This is state land, this is a fire
on state land. The local governments, the
county governments do everything they can in
order to help with the resources that they
have. They feel that this is an issue of
fairness, like why should they have to pay for
half the cost that DEC encountered in fighting
a fire on state land that they helped them
fight.
Does it amount to a lot? Not
966
necessarily. There have been fires that have
cost $30,000, $15,000, $60,000. We're not
talking about a huge amount of money. Unless
we had a severe drought, and then there could
be more.
However, in some counties an
additional $30,000, $17,000, $27,000 bill in
some towns is more than they can afford. And
they see no reason in heaven why they should
have to pay this bill.
Therefore, we have this in our
legislative program that would say that the
counties are not responsible for the half of
that bill.
This could amount to a lot more,
because on Forest Preserve land, when you have
a blowdown or, you know, large winds and a lot
of the trees fall, the state does not allow
you to move the fallen timber. Therefore, you
know, we are creating the opportunity for
additional fires as this wood dries up and
rots on forest land.
So this expense could be much
higher than what we have encountered so far.
But we really believe it's a question of
967
fairness and that the state should pay the
entire cost of fighting the fire on their
land.
ACTING PRESIDENT KUHL: Senator
Krueger, why do you rise?
SENATOR LIZ KRUEGER: Thank you,
Mr. President. I rise to ask the sponsor a
question, through you.
ACTING PRESIDENT KUHL: Senator
Little, do you yield to a question from
Senator Krueger?
SENATOR LITTLE: Yes, I do.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Senator.
You closed your remarks by talking
about fairness. And I really have one
question here. If I could support this bill,
it seems to me I would support this on the
grounds that we would treat all forest fire
reimbursement for all parks the same.
Why specifically does your bill
talk about Adirondack Park and not all of the
parks in the state of New York that would be
968
at risk of parallel fire situations with the
same cost formula to the localities?
SENATOR LITTLE: Well, I believe
because there is so much Forest Preserve land
in the Adirondacks. And we're talking about
3 million acres, half the acreage of the
towns. And because this had occurred so often
within Adirondack towns and counties, that we
need to have this addressed.
SENATOR LIZ KRUEGER: Through
you, Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT KUHL: Senator
Little, do you yield to another question from
Senator Krueger?
SENATOR LITTLE: Yes, I do.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Little, you talk about
3 million acres within Adirondack Park. Do
you know what the total miles -- excuse me, do
you know the total number of acres in parks
that are not Adirondack in the state?
SENATOR LITTLE: Three million.
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It's about half of --
SENATOR LIZ KRUEGER: No, outside
of the Adirondack Park.
SENATOR LITTLE: Oh, no, I don't.
No, I don't.
SENATOR LIZ KRUEGER: So you
don't know how many it is outside, just how
many are in.
SENATOR LITTLE: No.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT KUHL: Senator
Little, do you yield to another question from
Senator Krueger?
SENATOR LITTLE: Yes, I will.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR LIZ KRUEGER: So I'll
accept that actually neither of us -- because
I don't know the answer either. It wasn't a
trick question -- neither of us know how many
acres there are in parks that are not
Adirondack Park.
But wouldn't you agree that if that
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phenomenon is happening as you described in
the Adirondack Park Forest Preserve -- and I'm
from New York City, we don't have any forests,
so I have to get the language right.
SENATOR LITTLE: We'll send you
some.
SENATOR LIZ KRUEGER: You'll send
me forests. Thank you.
That if we have this situation in
the Adirondack Preserve, we have it other
places. Again, from an equity perspective or
a fairness perspective, why not propose a bill
here in the Legislature that would apply the
same rules and the same reimbursement formula
for a forest fire in any forest in the state
of New York?
SENATOR LITTLE: I would agree
that we probably could. But this issue has
occurred more in the Adirondacks. And I don't
know that this compensation has been required
of towns outside of the Adirondacks as it has
within the counties that I represent.
SENATOR LIZ KRUEGER: Mr.
President, if the sponsor would continue to
yield.
971
ACTING PRESIDENT KUHL: Senator
Little, do you yield to another question?
SENATOR LITTLE: Yes, I do.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you,
Senator.
In answering one of my last
questions you said this has happened many
times in the Adirondack Park area. Do you
have any idea how many fires there are in a
given year, on average?
SENATOR LITTLE: We have fires
every year. And it depends upon the dryness,
of course, and the drought conditions.
Two summers ago, the Noonmark
Mountain had a fire that lasted a couple of
weeks because it kept cropping up in different
places. Mount Discovery, in Essex County, in
the town of Lewis, had a one-week fire that
the cost that was billed to the county
afterwards was $30,000.
There are unfortunately fires every
year. We've had them in Warren County, a lot
of -- well, I can't think of the exact fires
972
as we're going along. But it occurs not on a
yearly -- some summers definitely are worse
than others because of the drought.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Brown, why do you rise?
SENATOR BROWN: Through you, Mr.
President, if the sponsor would yield for a
question.
ACTING PRESIDENT KUHL: Senator
Little, do you yield to a question from
Senator Brown?
SENATOR LITTLE: Yes, I do.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR BROWN: Thank you,
Senator.
The existing law requires counties
throughout the state to reimburse the state
for one-half of the cost of fighting forest
fires. I was wondering, Senator, if you know
how long this existing state law has been on
the books.
SENATOR LITTLE: I believe I saw
973
it someplace. I'm not positive, but I think
in the 1970 -- 1973. Chapter 83 of the Laws
of 1973.
ACTING PRESIDENT KUHL: Senator
Brown.
SENATOR BROWN: Mr. President, if
the sponsor would continue to yield.
ACTING PRESIDENT KUHL: Senator
Little, do you yield to another question from
Senator Brown?
The Senator yields.
SENATOR BROWN: Through you, Mr.
President, what would be the genesis of this
1973 law that required counties to pay half of
the cost of fighting forest fires?
SENATOR LITTLE: I'm not
positive, but I think it had something to do
with setting up fire district towns and --
where they could appoint fire wardens and the
superintendent of fires would be the
supervisor of the town.
I believe -- I'm not positive, but
I think it's for having to undertake
leadership in the fighting of a fire in a
forest area.
974
SENATOR BROWN: Thank you.
On the bill, Mr. President.
ACTING PRESIDENT KUHL: Senator
Brown, on the bill.
SENATOR BROWN: I want to thank
Senator Little for responding to my questions.
I'm just a little concerned about
this legislation. I certainly understand,
given Senator Little's explanation, why she's
sponsoring it.
As I initially looked at it and
thought about the very difficult fiscal times
that the state is facing this year, I was
concerned about the state incurring additional
costs. The Senator has explained why the
counties within her district feel that it is
reasonable for the state to pick up the cost
of fighting fires in that community.
But as Senator Krueger has
indicated, if we're just doing this for one
county, I question why we're not doing it for
other counties. And I also worry about what
the fiscal impact might be to the state if we
pass this bill this year, next year, and in
the future.
975
So with that being said, I am just
concerned about the fiscal impact of this
piece of legislation. Thank you.
ACTING PRESIDENT KUHL: Senator
Volker, why do you rise?
SENATOR VOLKER: Mr. President --
and the only reason I rise is because Betty is
way too young to have been there back in 1973.
I was there in the Assembly when this bill
passed. This has nothing to do with the rest
of the state. It was really passed because of
the Adirondack Park Agency.
And the truth is nobody tries to
collect any money for park fires or anything.
I was there for -- the reason is because of
the Adirondack Park Agency. The reason this
bill hasn't passed the Assembly is because the
Adirondack Park Agency doesn't want it to
pass. At least that's my understanding.
The only place, as far as I know --
and I think everybody will tell you that --
they ever have enforced this is in the
Adirondacks. And by the way, it's not one
county, it's a whole bunch of counties. The
Adirondack Park is huge.
976
I'm a little bit -- what's the word
I'm trying to use? -- a little bit cynical
about this, because I was there when the
Adirondack Park Agency passed. I remember
Laurence Rockefeller calling me and saying:
"I would like you to vote for my park." And
he said, "I know you'll do the right thing."
Well, I did the right thing. I
voted against it.
(Laughter.)
SENATOR VOLKER: But -- and the
reason was -- not that I didn't think the
Adirondack -- and I still think the Adirondack
Park is fine. The only problem was, there was
a touch of arrogance in this whole
Adirondack -- and those that represent that.
And I don't represent the
Adirondack Park. But I know people don't
realize that essentially the Adirondack Park
Agency has kept most of the Adirondacks in a
semi-recession for years. These towns have a
great deal of difficulty. And Betty has
addressed it extremely well about the problems
there. There's a basic unfairness to the
Adirondack Park Agency that controls just
977
about everything.
It would be very akin, by the way,
to having a fire here in the plaza here and
the state gets rid of the fire, but there's
some fire trucks come from in the city and
then we decide to charge the City of Albany
for part of the cost of protecting our place
here.
A few years ago that used to
happen, because a few years ago the City of
Albany was supposed to plow this area. The
state didn't have the ability and so forth.
And the city finally got fed up with it,
frankly, and said to the state: Okay, look,
you plow the whole area of the complex here
and do State Street and, I think, part of
Washington Avenue. And that was part of the
agreement with the City of Albany. Because
basically we were getting a tremendous amount
of services from the City of Albany.
What's happening here is akin to
that, whereby the firefighters and these towns
go in to help, put out a fire that is
basically an area that is owned by the
Adirondack Park Agency, essentially, which
978
they can't even use for town purposes because
they're mandated, but they still have to, when
they help put the fire out, be charged for
part of the fire fighting.
I think there's a basic unfairness
there that if the same thing, I'm sure,
happened to the City of New York -- and I mean
this very sincerely -- I know you people would
be absolutely infuriated. It would be the
right thing to do.
But that's what this bill is really
all about, and I think Betty is, frankly,
absolutely right.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, why do you rise?
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
In committee I voted without
recommendation, as Senator Little knows, and
in part because I really wasn't as cognizant
of all the implications as we've had an
opportunity to explore today.
I recognize that the Adirondacks is
more than one county. But certainly I think
that Senator Brown raises an issue that all of
979
our -- that the parks of Western New York that
contain forestry ought to be, in fact, put in
the same position. And so my concern becomes
why do we do this for a particular portion of
the state when it has a greater impact.
And certainly, like Senator Brown,
all of us are cognizant of the fiscal
implications. But I think, again, fires
happen. And regardless as to what fiscal
situations we're in, fires have to be fought.
And I think that it is an appropriate thing
for our environmental committee to perhaps
review this bill but also look at what other
parts of the state are impacted,
appropriately.
And I think that we tend sometimes
to be concerned about our specific areas when
there really is a statewide issue that really
needs to be better explored. So I would hope
that as we go forward in the environmental
committee that we will explore impacts of this
type not only on the Adirondacks but our other
forestry areas in the state of New York.
Thank you.
ACTING PRESIDENT KUHL: Senator
980
Little.
SENATOR LITTLE: If I may, in
closing, I would like to say that I understand
the concern for additional costs to the state
in this budgetary year. I don't know what the
costs would be, because I can't anticipate the
number of fires that might occur this year.
But as you stated, many fires are caused by
things we have no control over. Lightning
causes a great number of fires within the
forest park.
However, there is a cost to the
local governments and to the county
governments as they come forward and fight the
fire as well. It's the part of having to pick
up half the costs of the state's cost in
fighting the fire on their land, and when they
own so much land within the Adirondack Park.
And these fire towns are responsible, you
know, to participate and all, but paying their
costs.
I would not be averse to amending
the bill so that it covered all of the towns
in the state of New York, but I'm not aware of
the -- it hasn't been a big matter of concern
981
in those towns. As Senator Volker mentioned,
they have not been put upon to pay this cost.
And it does go back to the whole Adirondack
Park Agency and the whole state feeling as
though they own and control the Adirondack
Park.
And what we're saying is, fine, pay
half -- pay your entire cost of fighting the
fire. It's not a huge amount. It's actually
a measure of fairness and principle at this
point.
Thank you.
ACTING PRESIDENT KUHL: Senator
Montgomery, why do you rise?
SENATOR MONTGOMERY: Mr.
President, I just had one question for Senator
Little.
ACTING PRESIDENT KUHL: Senator
Little, do you yield to a question from
Senator Montgomery?
SENATOR LITTLE: Yes, I do.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR MONTGOMERY: Senator
Little, when you were explaining your
982
legislation, you mentioned that some of the
citizens volunteered for a dollar and a
half --
SENATOR LITTLE: Some of them get
paid by DEC. They have the authority to hire
people to fight the fire. I mean, these fires
go on -- if they are a whole week, that's day
and night for a whole week.
But in addition to the DEC
employees -- and we are not charged for half
of the cost of them. We are charged for half
of the cost of any citizens that they would
hire.
Now, the volunteer fire department,
they are not hired. They are volunteers, and
all of their costs are with the town and
volunteer fire department.
SENATOR MONTGOMERY: I see.
Because I was just wondering, I know that a
number of the prison facilities in the
Adirondacks have programs where the inmates
participate in these --
SENATOR LITTLE: And they have
participated and come out and helped in
fighting the fire.
983
Do they get paid? I'm not sure.
They probably get some compensation, as they
do for many of their work release programs.
SENATOR MONTGOMERY: Yes. Yes.
Thank you, Senator. I just wanted to --
SENATOR LITTLE: Thank you.
SENATOR MONTGOMERY: Mr.
President, briefly on the bill.
ACTING PRESIDENT KUHL: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: I'm
supporting Senator Little's bill.
And certainly I do know that there
are a number of inmates, for instance, who
participate along with local citizens in
helping whenever there's any disaster,
including forest fires.
And certainly I don't think that
the -- whatever cost to DOCS there might be
associated with inmates participating in this
program, if we are going to charge the
counties, DOCS is not going to see that
funding anyway.
And certainly I agree with Senator
Little it's a state responsibility. The
984
Adirondacks belongs to all of us. And I
believe that the state has an obligation to
support it, including if there's any forest
fires. So I'm supporting this legislation as
well.
Thank you.
ACTING PRESIDENT KUHL: Senator
Krueger, why do you rise?
SENATOR LIZ KRUEGER: Thank you.
I rise to explain my bill -- excuse me, I rise
to explain my vote on Senator Little's bill.
ACTING PRESIDENT KUHL: Senator
Krueger, would you like to do that on the roll
call?
SENATOR LIZ KRUEGER: I could do
that if you prefer.
ACTING PRESIDENT KUHL: All
right. Any other Senator wishing to speak on
the bill?
Hearing none, the Secretary will
read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
985
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: The Chair
recognizes Senator Krueger for the purpose of
explaining her vote.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. I'll try to be more articulate
this moment.
I rise to explain my vote no.
While I appreciate Senator Little's bill and
her efforts on behalf of the counties included
in the Adirondack Park, I still think that
New York State needs to evaluate its policy in
relationship to all forest land throughout the
state and not to try to resolve what is
perhaps an injustice to these counties within
the Adirondack Park district by having one set
of rules for forests that are within one
defined park but not to have the same policy
in reimbursements for all forests or all
forest fire situations.
I also appreciate Senator Volker's
comments, and it raises to me a question of
how we should be evaluating the fairness or
inequity right now between state costs and
local costs in both public land -- that is
986
parks, that is forests that are public
authorities -- and other costs that translate
perhaps unfairly to some region of our state.
But I think that Senator Little's
bill highlights for me that we should be
looking at this in a much larger picture. But
in fact I cannot vote yes on this bill,
although I empathize with the situation for
the counties of the Adirondacks.
Thank you.
ACTING PRESIDENT KUHL: Senator
Krueger will be recorded in the negative.
Senator Oppenheimer, why do you
rise?
SENATOR OPPENHEIMER: To explain
my vote, please.
ACTING PRESIDENT KUHL: Senator
Oppenheimer, for the purpose of explaining her
vote.
SENATOR OPPENHEIMER: I'm voting
in favor of this bill, because I think we
really are not talking about the true value of
the Adirondack Park and the dimensions of it.
It is the largest park in the contiguous 48
states. The only park that is larger is
987
Denali, up in Alaska.
It is a huge percentage of this
state, maybe -- I'm going to guess --
25 percent. There are many, many counties in
this park. The vastness of it alone puts it
really in an entirely different category. I
have a lot of parks in my Senate district, but
it doesn't begin to compare. It's not a
fraction, it's not a one-thousandth of what
this park.
I mean it's true, I'm a hiker and a
skier and I do love this park. But this park
is really of another dimension. And I think
we have to do all we can to preserve it and to
understand the public/private nature of it,
which makes it different from almost every
other park in the United States.
I'm voting in favor.
ACTING PRESIDENT KUHL: Senator
Oppenheimer will be recorded in the
affirmative.
Announce the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator L. Krueger recorded in the
negative.
988
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, can we return to the reports of
standing committees. I believe you have a
report from the Investigations Committee at
the desk.
ACTING PRESIDENT KUHL: We will
return to the order of reports of standing
committees.
There's a report from the Committee
on Investigations at the desk. We'll ask the
Secretary to read.
THE SECRETARY: Senator Spano,
from the Committee on Investigations and
Government Operations, reports the following
bill direct to third reading: Senate Print
2850, by Senator Spano, an act to amend the
Tax Law.
ACTING PRESIDENT KUHL: Without
objection, the bill is reported directly to
third reading.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
989
President, is there any housekeeping at the
desk?
ACTING PRESIDENT KUHL: The desk
is clean, Senator Marcellino.
SENATOR MARCELLINO: In that
case, Mr. President, I move we adjourn until
Tuesday, March 11th, at 3:00 p.m.
ACTING PRESIDENT KUHL: Without
objection, the Senate stands adjourned until
tomorrow, Tuesday, March 11th, at 3:00 p.m.
(Whereupon, at 4:36 p.m., the
Senate adjourned.)