Regular Session - April 15, 2003
2008
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 15, 2003
11:08 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
2009
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone present to
please rise and join me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: 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 MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, April 14, the Senate met pursuant to
adjournment. The Journal of Sunday, April 13,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: Mr. President,
2010
if I could interrupt for a moment, there will
be an immediate meeting of the Energy and
Telecommunications Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Energy and
Telecommunications Committee in the Majority
Conference Room.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could adopt the Resolution Calendar in
its entirety at this time.
ACTING PRESIDENT MEIER: All
those in favor of adopting the Resolution
Calendar in its entirety signify by saying
aye.
(Response of "Aye.")
2011
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
SENATOR SKELOS: Mr. President, I
believe there are a number of substitutions at
the desk. If we could make them at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 12,
Senator McGee moves to discharge, from the
Committee on Judiciary, Assembly Bill Number
4095 and substitute it for the identical
Senate Bill Number 1600, Third Reading
Calendar 144.
On page 19, Senator Hannon moves to
discharge, from the Committee on Health,
Assembly Bill Number 7004 and substitute it
for the identical Senate Bill Number 3014,
Third Reading Calendar 298.
On page 19, Senator DeFrancisco
moves to discharge, from the Committee on
Judiciary, Assembly Bill Number 7881 and
substitute it for the identical Senate Bill
2012
Number 2829, Third Reading Calendar 302.
On page 19, Senator DeFrancisco
moves to discharge, from the Committee on
Judiciary, Assembly Bill Number 7882 and
substitute it for the identical Senate Bill
Number 2938, Third Reading Calendar 303.
On page 25, Senator Maziarz moves
to discharge, from the Committee on Tourism,
Recreation and Sports Development, Assembly
Bill Number 686 and substitute it for the
identical Senate Bill Number 3302, Third
Reading Calendar 392.
And on page 4, Senator Leibell
moves to discharge, from the Committee on
Codes, Assembly Bill Number 6439 and
substitute it for the identical Senate Bill
Number 1177, First Report Calendar 450.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 1251, by
Senator Larkin at the desk. Could we have the
title read and move for its immediate
adoption.
2013
ACTING PRESIDENT MEIER: The
Secretary will read the title.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 1251,
honoring Robert A. Hansut upon the occasion of
his designation for special recognition by The
Kingston Hospital Foundation at its 14th Gala
Tulip Ball.
ACTING PRESIDENT MEIER: All
those in favor of the resolution signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 1234, at the
desk by Senator Marcellino. Could we have it
read in its entirety and move for its
immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the resolution in its
2014
entirety.
THE SECRETARY: By Senator
Marcellino, Legislative Resolution Number
1234, commemorating the 33rd Anniversary of
Earth Day on April 22, 2003.
"WHEREAS, It is the sense of this
Legislative Body to recognize and pay tribute
to those organizations dedicating their
purposeful work to increasing public awareness
of, and appreciation for, the natural
resources of New York, recognizing the role
all citizens have in protecting the
environment and the quality of life in this
Empire State; and
"WHEREAS, On April 22, 1970,
approximately 25 million Americans
participated in the first Earth Day
demonstration to express their concerns over
the environment and the fate of the planet;
and
"WHEREAS, In the 33 years that have
passed since the original Earth Day, the
planet has been subjected to the continuing
burdens of world population growth, increasing
commercial and residential development, ocean
2015
pollution, increasing stores of toxic and
nuclear waste, and other similar assaults
which have exacerbated the growing dangers of
global climate change, ozone depletion, toxic
poisoning, deforestation, and mass species
extinctions; and
"WHEREAS, Following the first Earth
Day, and the demonstrations of concern of over
20 million Americans, a collective national
action has resulted in the passage of sweeping
new laws to protect the invaluable resources
of air, land, and water; and
"WHEREAS, April 22, 2003, marks the
33rd Anniversary of Earth Day, a day set aside
to celebrate the beauty and bounty of our
environment and to revitalize the efforts
required to protect, and maintain respect for,
the environment and its resources; and
"WHEREAS, Earth Day 2003 activities
and events will educate all citizens on the
importance of acting in an environmentally
sensitive fashion by recycling, conserving
energy and water, using efficient
transportation, and adopting more ecologically
sound lifestyles; and
2016
"WHEREAS, Earth Day 2003 activities
and events will educate all citizens on the
importance of supporting the passage of
legislation that will help protect the
environment and will highlight the importance
of a heightened awareness of environmental
concerns amongst our state's leaders; and
"WHEREAS, The goal of Earth Day
2003 is not to plan only one day of events and
activities, but to continue worldwide efforts
to protect all aspects of the environment;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to commemorate
the 33rd Anniversary of Earth Day on April 22,
2003, and be it further
"RESOLVED, that this Legislative
Body congratulate all the concerned citizens
of New York State who have embraced the
responsible work of protecting and preserving
the environment for future generations."
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
2017
I won't go through the litany of
things that have already been stated in that
very fine resolution. I would just urge each
and every one of us to take them to heart and
keep them in our minds, that we must protect
and must preserve our planet. It is the only
one we have. They ain't making any more, as
they say.
So we need to keep in mind the
principles of Earth Day and never forget it.
I would, Mr. President, like to
open the resolution to all members of the
chamber in our usual manner.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
2018
of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
101, by Senator Skelos, Senate Print 1023A, an
act to amend the Domestic Relations Law, in
relation to parents and other persons.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
363, by Senator Meier, Senate Print 1820, an
act to amend Chapter 81 of the Laws of 1995
amending the Vehicle and Traffic Law and
others.
ACTING PRESIDENT MEIER: Read the
last section.
2019
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
365, by Senator Kuhl, Senate Print 3033, an
act in relation to requiring the Commissioners
of Motor Vehicles, Transportation, and
Education.
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, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
372, by Senator Balboni, Senate Print --
2020
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
373, by Senator Libous, Senate Print 2580, an
act to amend the Penal Law, in relation to the
provision of large quantities of alcoholic
beverages to minors.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
377, by Senator Wright, Senate Print 3078 --
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
2021
bill aside for the day.
THE SECRETARY: Calendar Number
381, by Senator McGee, Senate Print 3315, an
act to amend the Criminal Procedure Law, in
relation to eligibility for youthful offender
status.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
392, substituted earlier today by Member of
the Assembly Morelle, Assembly Print Number
686, an act to amend Chapter 912 of the Laws
of 1920.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
2022
THE SECRETARY: Calendar Number
401, by Senator Leibell, Senate Print 2280, an
act creating the Whaley Lake Dam Improvement
District.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
413, by Senator Morahan, Senate Print 619, an
act to amend the Public Authorities Law, in
relation to the use of monies in the
Metropolitan Transportation Authority.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR SABINI: Lay it aside,
please.
2023
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
465, by the Assembly Committee on Rules,
Assembly Print Number 8021, an act to amend
the Estates, Powers and Trusts Law, in
relation to the statute of limitations.
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, 44. Nays,
1. Senator Volker recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos. Senator Skelos, I
know you're distracted, and I'm blinded,
but --
(Laughter.)
ACTING PRESIDENT MEIER: -- but
that concludes the reading of the
noncontroversial calendar.
2024
SENATOR SKELOS: Mr. President, I
didn't know today who to point out, whether it
was Senator Bonacic or Senator Hoffmann.
But, Senator Hoffmann, you
definitely win.
(Laughter.)
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Education Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Education Committee
in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
101, by Senator Skelos, Senate Print 1023A, an
act to amend the Domestic Relations Law, in
relation to parents and other persons having
custody of a child.
2025
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested by
Senator Montgomery.
SENATOR SKELOS: Mr. President,
this legislation will eliminate the need for
consent of a parent to adoption of a child
when such parent has previously consented in
writing to the other parent's surrender of the
child.
However, there is a procedure set
up where the revocation of such consent could
occur under certain circumstances.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Mr.
President, the explanation, I believe, is
satisfactory.
ACTING PRESIDENT MEIER: Thank
you.
Any other Senator wish to be heard
on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
2026
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
381, by Senator McGee, Senate Print 3315, an
act to amend the Criminal Procedure Law, in
relation to eligibility for youthful offender
status.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
McGee, Senator Montgomery has requested an
explanation.
SENATOR McGEE: Thank you, Mr.
President.
Mr. President, under New York State
law presently, young people from 16 to 18
years of age who have been charged with crimes
are eligible to be treated as youthful
offenders. Youthful offender status treatment
gives them -- provides significant benefits to
2027
these youths, since it vacates a criminal
conviction and provides for a more lenient
sentence upon conviction.
Every youth in this age category is
eligible for youthful offender treatment
unless the youth is convicted of the following
serious crimes: a Class A-I or a Class A-II
felony; an armed felony in which a firearm is
used; the following violent B felonies --
first degree rape, first degree sodomy,
aggravated sexual abuse; previously convicted
and sentenced for a felony; and previously
adjudicated as a youthful offender following a
felony conviction.
This legislation expands the
exception for youthful offenders' eligibility
to include all Class B felonies.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I would like to --
ACTING PRESIDENT MEIER: Just a
second, Senator Montgomery.
Could we have some quiet in the
chamber, please.
2028
SENATOR MONTGOMERY: I would like
to ask Senator McGee a question.
ACTING PRESIDENT MEIER: Senator
McGee, do you yield for a question?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR MONTGOMERY: Thank you,
Mr. President.
Senator McGee, I would like to know
that -- what is the difference in this bill
and the bill that you had on the calendar
yesterday where you were increasing,
essentially, the sentencing for
13-to-16-year-olds?
SENATOR McGEE: This bill deals
with youthful offenders from 16 to 18 years of
age. Yesterday just dealt with murder. This
deals with --
SENATOR MONTGOMERY: Yesterday
was 13-to-16-year-olds.
SENATOR McGEE: -- violent
crimes. This deals with violent crimes.
Yesterday was murder. This is all
violent crimes, those that I just listed to
2029
you. And it takes the exemption away from all
the other crimes.
And I can certainly tell you that
this bill would add to it attempted second
degree murder, first degree manslaughter,
first degree robbery and burglary if no
firearm is used but which may involve the use
of a dangerous instrument and result in a
serious physical injury to the victim,
second-degree arson, or kidnapping.
SENATOR MONTGOMERY: Mr.
President, through you, I'd like to ask
another question.
ACTING PRESIDENT MEIER: Senator
McGee, do you continue to yield?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Yes. So,
Senator McGee, you are now working on the
16-to-18-year-olds, and you are increasing
their sentencing from 1-1/3 to 4 years to
8-1/3 to 25 years maximum, is that what the --
SENATOR McGEE: No, ma'am. No,
ma'am.
2030
This bill takes youthful offenders
from 16 to 18 years of age. And presently
there are exemptions for them to get the
youthful offender status, and I already
delineated those to you -- a Class A-I,
Class A-II felony, et cetera, et cetera.
At the present moment, there are
other areas where the youthful offender status
can be given to them. This bill exempts them
from all of that. This bill says that any
time a youthful offender who would be eligible
for youthful offender status from 16 to 18
years of age, this bill says no, they will not
be granted that just carte blanche.
What will happen is they will have
to go in front of the judge, the judge will
then adjudicate whether they can or cannot
receive youthful offender status.
SENATOR MONTGOMERY: Thank you --
SENATOR McGEE: You're welcome.
SENATOR MONTGOMERY: -- Senator
McGee.
Mr. President, just briefly on the
bill.
ACTING PRESIDENT MEIER: Senator
2031
Montgomery, on the bill.
SENATOR MONTGOMERY: Yes. I
think that in my attempt to understand, based
on Senator McGee's memorandum of the bill,
that yesterday we dealt with
13-to-16-year-olds, and today Senator McGee is
dealing with 16-to-18-year-olds.
So that there is less and less
tendency to look at a case, a child and
determine, based on a range of issues, what
should be done, but, rather, that there is an
automatic assumption that under the
circumstances described in this legislation
they will receive automatically an increased
sentencing in an adult facility so that
they're no longer viewed as youth even though
they may be 16.
And there is an assumption for me,
certainly, that young people who get into
trouble begin at a very early age. And it
seems to me that if we really want to deal
with the problem of youthful, adolescent
behavior, we need to begin at a very early age
and we need to be talking about a mental
health system for children that catches these
2032
children at a much earlier age.
I'm going to vote no. I think I've
voted no in the past on this legislation, and
I will again. Not because I don't respect the
fact that we want to deal with criminal
behavior no matter at what age, but I think
that there's an appropriate way to approach
young people, and I don't believe that this is
the right way.
So I'm voting no.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
President.
If we are making a decision as a
2033
Legislature to reform our juvenile justice
laws, then fine, let's bring that on and let's
do that. But to do it in a piecemeal manner
is completely inappropriate.
I in many ways think that our
juvenile justice laws are too harsh the way
they are now. It's hard for me to bear that
we are bringing up bills to make them even
harsher. But that said, if we're going to do
an overhaul of juvenile justice laws in our
state, then let's do it that way.
I'm going to vote no on this bill,
with the hopes that as we move forward with
this budget that we look at what programs we
have that need to be funded or funded greater
that will deter young people from crime.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 381 are
Senators Duane, Hassell-Thompson, and
Montgomery. Ayes, 55. Nays, 3.
ACTING PRESIDENT MEIER: The bill
2034
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Higher Education Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Higher Education
Committee in the Majority Conference Room.
Senator Hassell-Thompson, why do
you rise?
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. I rise to request
unanimous consent to be recorded in the
negative on Calendar Number 372.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson, that bill has been laid
aside for the day. We haven't voted on it.
So you're still good.
SENATOR HASSELL-THOMPSON: Thank
you, sir.
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: Calendar Number
413, by Senator Morahan, Senate Print 619, an
2035
act to amend the Public Authorities Law, in
relation to the use of monies.
SENATOR SABINI: Explanation.
ACTING PRESIDENT MEIER: Senator
Morahan, Senator Sabini has requested an
explanation.
SENATOR MORAHAN: Yes, Mr.
President.
This bill is a special bill for
Rockland County which would allow the county
to use MTA money that's normally set aside for
mass transit to help the county do road
equipment and those sorts of expenses.
It's a one-year bill. It's only
for -- I think it's $2 million, and then
that's the end of it for next year.
SENATOR SABINI: Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
2036
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
controversial calendar.
SENATOR SKELOS: Mr. President,
would you please recognize Senator Andrews.
ACTING PRESIDENT MEIER: Senator
Andrews.
SENATOR ANDREWS: Yes, Mr.
President. On Calendar 381, I'd like to have
unanimous consent to be recorded in the
negative.
ACTING PRESIDENT MEIER: Without
objection, Senator Andrews will be recorded in
the negative on Calendar 381.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Corporations
Committee in the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Corporations
2037
Committee in the Majority Conference Room.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return to motions and resolutions,
I believe there's a privileged resolution at
the desk by Senator Hoffmann. Could we have
the title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: Motions
and resolutions.
The Secretary will read the title.
THE SECRETARY: By Senator
Hoffmann, Legislative Resolution Number 1170,
urging the New York State Congressional
Delegation to support and continue its efforts
to reauthorize and include New York State in
the Northeast Dairy Compact.
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: I think all of
my colleagues are aware that the State of
New York's agricultural economy has been
seriously affected by the failure of Congress
2038
to reauthorize the dairy compact.
Not too long ago, our Commissioner
of Agriculture said that his number-one
priority for this state for agriculture is to
get that dairy compact reestablished in
Washington.
It proved its effectiveness during
the months that it was in operation in the
New England states. And for approximately
one-third of New York's dairy farmers, it was
in effect as well, because they shipped their
milk into New England.
This is simply a message to our
Congressional delegation that we need their
shoulders to the wheel to get that dairy
compact or something very close to it back in
place as quickly as possible. Most of them
are already on record voicing their commitment
to it.
This is simply a very necessary
measure to show that this chamber strongly
supports them and stands ready to assist them
in any way possible to get the dairy compact
back on track.
Thank you, Mr. President.
2039
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.
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
could we stand at ease. Or sit at ease,
whichever is preferable.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:40 a.m.)
(Whereupon, the Senate reconvened
at 11:41 a.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
Senator Bonacic would like to know when
there's going to be a Majority conference.
So there will be an immediate
2040
conference of the Majority in the Majority
Conference Room.
ACTING PRESIDENT MEIER: Do you
want to tell Senator Bonacic, or should I?
There will be an immediate
conference of the Majority Conference in the
Majority Conference Room.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Mr.
President, I'd like to advise Senator Bonacic
there will also be a conference of the
Minority in the Minority Conference Room.
ACTING PRESIDENT MEIER: Senator
Schneiderman, do you want your members to know
that also?
There will be an immediate
conference of the Minority in the Minority
Conference Room.
SENATOR SKELOS: Mr. President,
we will be returning following the
conferences.
ACTING PRESIDENT MEIER: The
Senate will reconvene following the
conferences.
(Whereupon, the Senate stood at
2041
ease at 11:43 a.m.)
(Whereupon, the Senate reconvened
at 12:45 p.m.)
ACTING PRESIDENT MEIER: The
Senate will please come to order.
Senator Bruno.
SENATOR BRUNO: Mr. President,
would you ask the members to please take their
seats.
ACTING PRESIDENT MEIER: Members,
please take your seats.
Staff, please take a seat.
SENATOR BRUNO: Mr. President,
can we at this time return to motions and
resolutions.
And I believe that there is a
privileged resolution at the desk by Senators
DeFrancisco and Hoffmann. I would ask that it
be read in its entirety and move for its
immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the privileged resolution.
THE SECRETARY: By Senators
DeFrancisco and Hoffmann, Legislative
Resolution Number 1235, congratulating the
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Syracuse University Men's Basketball Team and
Coach Jim Boeheim upon the occasion of
capturing the 2003 NCAA Division I Basketball
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, It is the sense of this
Assembled Body to recognize and commend those
athletes of the State of New York who combine
in a team effort to achieve a common goal,
thereby representing this great Empire State
with exceptional dignity, determination and
honor; and
"WHEREAS, The Syracuse University
Orangemen Men's Basketball Team are the 2003
NCAA Division I Basketball Tournament
Champions; and
"WHEREAS, Led by the Final Four's
Most Outstanding Player, Freshman phenom
Carmelo Anthony, the Orangemen defeated Kansas
81-78 in the Louisiana Superdome to win its
first NCAA Basketball Championship; and
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"WHEREAS, Syracuse entered the NCAA
Tournament as the number three seed in the
East Region; and
"WHEREAS, In the NCAA regionals at
the Fleet Center in Boston, Massachusetts, the
Orangemen defeated MAAC Champion Manhattan
College 76-65, and Oklahoma State 68-56, to
advance to the Sweet 16; and
"WHEREAS, In the Sweet 16 at the
Pepsi Arena in Albany, New York, the Orangemen
beat Auburn University 79-78 before
overwhelming the number one seed in the East
Region, Oklahoma University, 63-47, to win the
East Region and secure Syracuse's fourth
appearance in the Final Four; and
"WHEREAS, in the Final Four, the
Orangemen beat South Region Champion Texas
95-84 to advance to the NCAA Championship for
the third time under Coach Jim Boeheim; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach Jim Boeheim and his
dedicated assistants, skilled and
inspirational tutors, respected for their
ability to develop potential into excellence;
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and
"WHEREAS, the Team's overall record
is outstanding, and the team members were
loyally and enthusiastically supported by
family, friends, Syracuse University alumni,
and fans across the Empire State; and
"WHEREAS, The hallmarks of the
Syracuse University Men's Basketball Team,
from the opening practice of the season to
participation in the Final Four in New
Orleans, Louisiana, 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 Syracuse
University; and
"WHEREAS, Coach Jim Boeheim 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
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accomplishment, and Coach Jim Boeheim and his
outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition at Syracuse University; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate Syracuse University Men's
Basketball Team, its members -- Tyrone
Albright, Carmelo Anthony, Josh Brooks, Kueth
Duany, Billy Edelin, Craig Forth, Xzavier
Gaines, Matt Gorman, Gary Hall, Ronneil
Herron, Andrew Kouwe, Gerry McNamara, Jeremy
McNeil, Josh Pace, and Hakim Warrick --
Assistant Coaches Mike Hopkins and Troy
Weaver, Associate Head Coach Bernie Fine, and
Coach Jim Boeheim on their outstanding season
and overall team record; and be it further
"RESOLVED, that copies of this
resolution, suitably engrossed, be transmitted
to the Syracuse University Men's Basketball
Team and to Coach Jim Boeheim."
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
2046
Mr. President.
I rise with great pride, being an
alumnus of Syracuse University, having played
four years in baseball, obviously, not
basketball, for the obvious reasons --
(Laughter.)
SENATOR DeFRANCISCO: -- and
being a season ticketholder, watching this
fantastic team over the years.
The only person I really want to
single out, because we had a wonderful rally
at the Dome the other night, is the captain,
who wasn't able to be there, Kueth Duany, the
old man.
We'll appreciate it in this
chambers. He's the old man of the team, he's
gramps. He's 22 years old. And you'll see
someday what it really means to get old.
But I want to congratulate you on
your leadership and the fantastic season that
all of you have had. I have season's tickets.
I sit in the third row and over the years
given Jim a lot of help. He never takes any
of my advice.
I give more help to the referees,
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like John Cahill here. Whenever he -- stand
up, John.
You remember him?
(Laughter; applause.)
COACH BOEHEIM: I'd just like to
say that the gentleman that you just pointed
out -- I won't mention his name -- we lost
five games this season; he refereed three of
them.
(Laughter.)
SENATOR DeFRANCISCO: Jim, it
won't happen again.
(Applause.)
SENATOR DeFRANCISCO: And
congratulations. You really brought great
pride to our community, and we very much
appreciate it.
And lastly, I just want to
congratulate my good friend Bernie Fine. We
play tennis every so often together. He's not
very good, but he brings a ringer in. One
time he brought Mike Hopkins in and took care
of the whole court for him.
But fantastic events all year long,
fantastic leadership, great kids. God bless
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all of you, and I wish you the best for next
year as well.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you, Mr.
President.
Senator DeFrancisco does
play-by-play; I do color for Syracuse.
(Laughter.)
SENATOR HOFFMANN: We're very
proud in this chamber today. But I would just
like to add my thanks for all of the people in
Syracuse who, after a real tough battering by
the economy and an unusually long winter,
finally had something incredible to celebrate.
Every newspaper for the last week
has had stories about your exciting victory,
and it's something that's shared by every
person in Syracuse of any age. People who
never knew much about basketball all of a
sudden know each one of you by name, by face,
your statistics, and they're proud.
And we're prouder still of a coach
who has stayed in Syracuse since his college
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days. I had the pleasure when I was a student
of watching Coach Boeheim play with Dave Bing,
and then he stayed and was assistant coach.
And I remember there was a great discussion
about whether there would be a national search
when the position opened up. And there was
really no great discussion about it after the
first little volley; it went to Jim Boeheim,
and he's stayed ever since.
Somewhat unusual in this field.
We've watched guys like Rick Patino and a lot
of other coaches move around the country. One
of your most recent vanquished foes has just
made a move to North Carolina.
But Jim Boeheim, through good times
and bad, has stayed. And what he had molded
out of this team is really remarkable. The
fact that you were led by freshmen, the fact
that you hung in there, even though you
weren't even rated until the middle of
January, in the Associated Press poll that
didn't put you in the top 25 until sometime
the end of January, nothing ever stood in your
way.
And it's that kind of grit and
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determination that's the mark not only of
great athletes but of great citizens. And all
of us share some of that satisfaction that you
feel right now.
I had the pleasure at the Superdome
of sitting right in front of Donovan McNabb.
And I was just telling Carmelo Anthony a few
minutes ago, I watched how Donovan handled his
celebrity with just such grace and ease. It
didn't matter how many times people came up
and interrupted him and his wife; he was
willing to sign an autograph or say hello or
say thank you when they offered some
commentary about a play from a decade ago.
And I see that same kind of grace
here. And much has been written about how you
are genuinely nice young men.
God bless you all. Good luck in
everything you do. Thank you for giving us a
really special treat.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
Coach Boeheim, members of the Syracuse team.
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First of all, Coach, if you thought
that John Cahill is easier on people in his
day job than when he's refereeing, he's as
hard on us as he probably was on you. I just
want you to know that.
My first year here was the year
that a lucky shot by Indiana took Syracuse out
of winning the national championship in 1987.
And we actually congratulated the Syracuse
team then. And players such as Rony Seikaly
were here at the time.
But we're much happier today
congratulating you as the champions. It was a
long road. I watched that game right here,
your 81-78 victory over Kansas last week.
It's the first basketball game I had watched
in a number of years. I really lost interest
in basketball since I was cut from the Knicks
some years ago.
(Laughter.)
SENATOR PATERSON: But I have --
was very happy personally to see the victory
for Syracuse, because since I graduated from
that hailed basketball institution of
Columbia, who I think won three games in the
2052
four years that I was actually there --
(Laughter.)
SENATOR PATERSON: -- the fact is
that in the summers of 1971 and 1972 -- I
believe Senator Hoffmann is the only one here
that knows this -- I actually attended
Syracuse under a New York State program where
legally and totally blind students were taught
mobility, and we actually took classes.
And six of the credits on my
transcript actually come from Syracuse. So I
thought it would be all right if I rooted for
the Orangemen, where there was a better
opportunity for victory.
We are absolutely thrilled at not
only the win that you accomplished but the
tremendous class and the way in which all of
you athletes and the coach accorded yourselves
during that period of time.
So on behalf of those of us on this
side of the aisle, we wish you well. And we'd
like to come back here next year and
congratulate you on winning another title.
So good luck, and please celebrate
it, because the season will start soon.
2053
Thank you.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President, and Coach Jim and members of the
Syracuse Orange.
You really, you do us proud by not
only what you've done but by your presence and
the way you handle yourselves generally.
You're really representative of everything
that's good in New York State.
You can see how proud Senators
DeFrancisco and Hoffmann are, Senator
Paterson, everybody here in this chamber.
We're as proud as we can be that you represent
New York State throughout the world.
So congratulations to you. And as
proud as they are, I am proud that, Coach Jim,
you have one of my constituents, your 7-footer
Craig Forth, right there.
Craig, raise your hand. Craig,
right there --
(Applause.)
SENATOR BRUNO: Craig, as you all
2054
know, I know you know, was a star at Columbia
High in East Greenbush. Broke all the
records, as many of you did, I'm sure, in the
schools that you come from. But he is someone
that we have been proud of. And all politics
are local. He's the only guy there that can
vote for me.
(Laughter.)
SENATOR BRUNO: So, Craig,
congratulations to you. Congratulations to
each and every one of you.
And the resolution that you heard
read, that becomes, as passed, really part of
the history of the Senate. And by the number,
any time in the future you, your children,
your grandchildren, you can bring up this
resolution and you would have it read just as
any law that passes here that becomes law in
New York State.
So you truly are champions, and
you're part of the history of this state.
God bless you all. And thank you
very much, Coach.
(Applause.)
ACTING PRESIDENT MEIER: Senator
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Bruno.
SENATOR BRUNO: We'd like to open
the resolution up to cosponsorship for
everyone in the chamber. And anyone that
would rather not be on, please raise your
hands and then leave the chamber.
(Laughter.)
ACTING PRESIDENT MEIER: Very
good, Senator Bruno. So ordered. They
wouldn't dare.
The question, then, 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 unanimously adopted.
(Standing ovation.)
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President,
there being no further business to come before
the Senate, I would move -- you have another
2056
piece of legislation there?
ACTING PRESIDENT MEIER: Senator,
we have one committee to report.
SENATOR BRUNO: Would you report
the committee at this time.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Leibell,
from the Committee on Corporations,
Authorities and Commissions, reports the
following bill direct to third reading:
Senate Print 2844, by Senator
Velella, an act to amend Chapter 465 of the
Laws of 1994.
ACTING PRESIDENT MEIER: Without
objection, the bill is reported to third
reading.
Senator Bruno.
SENATOR BRUNO: And now,
Mr. President, there being no further business
to come before the Senate, I would move that
we stand adjourned until Monday, April 28th,
at 3:00 p.m., intervening days to be
legislative days.
2057
Thank you.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, April 28th, at 3:00 p.m. Intervening
days will be legislative days.
(Whereupon, at 1:02 p.m., the
Senate adjourned.)