Regular Session - February 10, 2004
442
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 10, 2004
11:07 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
443
P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
morning to give the invocation is Pastor Jeff
Carpenter, from Friendship Baptist Church in
Rome, New York.
PASTOR CARPENTER: Join your
hearts with me, please, as we go to the Lord
in prayer.
Our Father, we thank You for the
opportunity to be here today. We thank You
for the men and the women that You have raised
up to help lead our state.
We pray that Thou would bless them
today with wisdom and guidance as they meet
and discuss various different things. We ask
that Your leadership would be upon them.
God, we would pray for many of
those that would be in this group of people
444
today that know Thee not as Savior, that they
would come to know Thee, to know Thy son as
the redeemer of their sin.
Father, we pray that You would
bless them with wisdom, we pray that You would
bless them with leadership abilities,
leadership skills, we pray that You would
bless them with courage to do right, to stand
for right.
And, Lord, may You open their eyes
and may they see every avenue of the things
that they discuss throughout this session,
that You would be glorified, Your son would be
uplifted, that our nation and that our state
would be a better place for the citizens here.
So bless everything that's said and
done. May it bring glory to You, and may You
be honored through it all. In Christ's name I
pray, and with thanksgiving, amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, February 9, the Senate met pursuant to
adjournment. The Journal of Sunday,
February 8, was read and approved. On motion,
445
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Kuhl,
from the Committee on Transportation, reports
the following bills:
Senate Print 689, by Senator
Breslin, an act to amend the Canal Law;
697C, by Senator Seward, an act to
amend the Vehicle and Traffic Law;
1390, by Senator Spano, an act to
amend the Vehicle and Traffic Law;
3081, by Senator Larkin, an act to
amend the Highway Law;
5863, by Senator Larkin, an act to
amend the Vehicle and Traffic Law;
5934, by Senator Larkin, an act to
amend the Highway Law;
And Senate Print 6021, by Senator
446
Skelos, an act to amend the Vehicle and
Traffic Law.
Senator Rath, from the Committee on
Children and Families, reports:
Senate Print 1199, by Senator
Robach, an act to amend the Family Court Act;
1682, by Senator Rath, an act in
relation to directing;
4194, by Senator Maltese, an act to
amend the Domestic Relations Law;
And Senate Print 5078, by Senator
Rath, an act to amend the Social Services Law.
Senator Fuschillo, from the
Committee on Consumer Protection, reports:
Senate Print 888A, by Senator
Marcellino, an act to amend the General
Business Law;
1388A, by Senator Volker, an act to
amend the County Law;
4428A, by Senator LaValle, an act
to amend the General Business Law;
6041, by Senator Fuschillo, an act
to amend the General Business Law;
And Senate Print 6069, by Senator
Fuschillo, an act to amend the General
447
Business Law.
Senator Hannon, from the Committee
on Health, reports:
Senate Print 454, by Senator
Hannon, an act to amend the Public Health Law;
592, by Senator Hannon, an act to
amend the Public Health Law;
3581, by Senator Flanagan, an act
to amend the Public Health Law;
4016A, by Senator Hannon, an act to
amend the Public Health Law;
5156B, by Senator Skelos, an act to
amend the Public Health Law;
5748, by Senator Golden, an act to
amend the Public Health Law;
6001, by Senator Velella, an act to
amend the Public Health Law;
And Senate Print 6036, by Senator
Hannon, an act to amend the Public Health Law.
Senator Velella, from the Committee
on Labor, reports:
Senate Print 93, by Senator
Maltese, an act to amend the Labor Law;
200, by Senator Spano, an act to
amend the Labor Law;
448
772, by Senator Marcellino, an act
to amend the Labor Law;
2730A, by Senator Spano, an act to
amend the Labor Law;
3194, by Senator Velella, an act to
amend the Labor Law;
And Senate Print 4169, by Senator
Velella, an act to amend the Workers'
Compensation Law.
All bills ordered direct to third
reading.
THE PRESIDENT: All bills ordered
direct to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Please recognize
Senator Wright first.
THE PRESIDENT: Senator Wright.
SENATOR WRIGHT: Thank you, Madam
President.
On behalf of Senator Volker, on
page number 18 I offer the following
449
amendments to Calendar Number 220, Senate
Print Number 664, and ask that said bill
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR WRIGHT: Thank you, Madam
President.
On behalf of Senator Skelos, on
page number 12 I offer the following
amendments to Calendar Number 142, Senate
Print Number 1021, and ask that said bill
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR WRIGHT: On behalf of
Senator Skelos, on page number 13 I offer the
following amendments to Calendar Number 169,
Senate Print Number 5135, and ask that said
bill retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
450
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR WRIGHT: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there are substitutions at the desk.
If we could make them at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 14,
Senator Hoffmann moves to discharge, from the
Committee on Agriculture, Assembly Bill Number
9437 and substitute it for the identical
Senate Bill Number 6014, Third Reading
Calendar 176.
And on page 18, Senator Kuhl moves
to discharge, from the Committee on Codes,
Assembly Bill Number 5412 and substitute it
for the identical Senate Bill Number 4324,
Third Reading Calendar 226.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
451
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar,
with the exception of Resolution 3423.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Resolution 3423, please signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is so adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up Resolution 3423, by
Senator Johnson, have the title read, and move
for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Johnson, Legislative Resolution Number 3423,
paying tribute to the life of former Suffolk
County Legislator Maxine Postal.
THE PRESIDENT: The question is
on the resolution. All in favor please
452
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos,
you wish to be heard?
SENATOR SKELOS: Senator Johnson
would like to have that resolution opened up
for sponsorship. If somebody wishes not to
sponsor it, they could notify the desk.
THE PRESIDENT: Anyone who does
not wish to be a sponsor of this resolution
please notify the desk.
All in favor of the resolution
again please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there are three privileged resolutions at the
desk by Senator Saland. Can we have the
453
titles read and move for their immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Saland, Legislative Resolution Number 3480,
honoring Dr. Louis Nunez upon the occasion of
his designation for special recognition by Our
Lady of Lourdes High School on February 11,
2004.
By Senator Saland, Legislative
Resolution Number 3481, honoring William J.
Lavery, Jr., upon the occasion of his
designation for special recognition by Our
Lady of Lourdes High School on February 11,
2004.
And by Senator Saland, Legislative
Resolution Number 3482, honoring Kathleen
Norton McNulty upon the occasion of her
designation for special recognition by Our
Lady of Lourdes High School on February 11,
2004.
THE PRESIDENT: Senator Skelos,
do you wish to be heard on the resolutions?
SENATOR SKELOS: If we can adopt
454
the resolutions at this time.
THE PRESIDENT: All in favor of
adopting the three resolutions please signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolutions
are adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Veterans, Homeland Security and Military
Affairs Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Veterans, Homeland
Security and Military Affairs Committee in the
Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator Paterson. Could we have the title
read and move for its immediate adoption.
THE PRESIDENT: The Secretary
455
will read.
THE SECRETARY: By Senator
Paterson, Legislative Resolution Number 3483,
honoring United Hospital Fund upon the
auspicious occasion of its 125th Anniversary.
THE PRESIDENT: Senator Skelos,
do you wish to be heard on the resolution?
SENATOR SKELOS: Please adopt the
resolution.
THE PRESIDENT: All in favor of
adopting the resolution please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
Resolution 3368, by Senator Libous, was
adopted on February 3rd. Could we have it
read in its entirety at this time, and then if
you would recognize Senator Libous.
THE PRESIDENT: The Secretary
will read.
456
THE SECRETARY: By Senator
Libous, Legislative Resolution Number 3368,
congratulating the Chenango Forks High School
Football Team and Coach Kelsey Green upon the
occasion of capturing the 2003 New York State
Class B 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
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 Chenango Forks High
School Football Team are the 2003 New York
State Class B Champions; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach Kelsey Green and his team
457
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
Chenango Forks High School Football Team, from
the beginning of preseason to participation in
the New York State Class B Championship game
in 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 upon their
school; and
"WHEREAS, Coach Kelsey Green and
his dedicated staff have done a superb job of
guiding, molding and inspiring the team
458
members toward their goals; and
"WHEREAS, sports competition
instills the values of teamwork, pride and
accomplishment, and Coach Kelsey Green and his
outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition at Chenango Forks High School;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Chenango Forks High School
Football Team, its members -- Tim Batty, Kevin
Purce, Tim O'Branski, Ben Farnham, Matt
Stephens, Jason Chier, Craig Lucas, Jon
Florance, Jon Bomysoad, Tyler Spencer, Ben
Collingwood, Joe Babcock, Brandon Nichols, Pat
Hamlin, Nick Tarnowski, Joe Barrett, Brian
Baxter, Joe Cipollina, Alex Williams, Rick
Blaisure, Colin Gaynor, Adam Phoenix, Jon
Preston, Chris Pease, Jake Vredenburgh, Luke
Parga, Brad Watson, Brian Hall, David
Griffith, Matt Faughnan, Steve Samson, Tim
Holland, Randy Mills, Zach Vredenburgh, and
Nick Swatko -- and Coach Kelsey Green on their
outstanding season and overall team record;
459
and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Chenango Forks High School Football
Team and to Coach Kelsey Green."
THE PRESIDENT: Senator Libous.
SENATOR LIBOUS: Thank you, Madam
President and my colleagues.
I am joined today by the Chenango
Forks champions, state champions, and Coach
Green. And I am particularly honored to stand
before you today, gentlemen, and say
congratulations on behalf of all of us in
New York State and all my colleagues here in
this chamber.
I never participated myself as part
of a championship team. I was a wrestler in
high school and actually played football,
believe it or not, as small as I am, for a
couple of years. And unfortunately, our teams
barely made it on the field and off. But I do
respect the training and the excellence that
you've gone through.
Madam President, this team is
rather special for a number of reasons. Coach
460
Green has led them a couple of times to the
state championship game, unfortunately falling
short two years in a row.
But this year was a little bit
different. They started out their season back
in August, they embarked on a quest to become
state champs because, having been there twice
before, they knew what it was like and they
didn't want to give up.
Their quest ended in victory, but
that victory was over a very difficult team
from Rye, New York, on November 29th, the Blue
Devils. They drove to the Syracuse University
Dome, they took on this very highly ranked
team. They also were undefeated, as the Blue
Devils were.
And they met in a very, very
difficult game, scoreless for three quarters.
It was a grueling defensive battle. But then,
as many good teams do, they took advantage of
a couple of breaks. The Blue Devils then took
advantage of a couple of fourth-quarter
turnovers, converting a fumble recovery and an
interception into two touchdowns.
We certainly want to give special
461
recognition to all of the team's members. But
Tim Batty particularly, as quarterback and
kicker for the team, you do stand out as an
individual who has done great in the area of
leadership.
Each and every individual on this
team, through their coach, knew from preseason
that they wanted to go to the championship
game and they wanted to be victorious.
Madam President, this is also a
very special day because one of our former
colleagues is here in the chamber to join us,
and that's the former leader of the State
Assembly, and that's "Rapp" Rappleyea, who has
two grandsons who are on this team, both Zach
and Jake.
And, Rapp, I'm sure you're as proud
as we are in this chamber, not only of your
grandsons but of this entire team.
So on behalf of all the people of
the Southern Tier and all the people of
New York State, and my colleagues here today,
gentlemen, congratulations on your state
championship. We're very, very proud of you.
And all I can say is from where I stand, we'll
462
get another one next year.
Thank you.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we ask for an immediate meeting of the
Commerce Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Commerce Committee in
the Majority Conference Room.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe that there is a resolution at the
desk by Senator Maziarz that was previously
adopted. I would ask that it now be read in
its entirety.
THE PRESIDENT: The Secretary
will read.
463
THE SECRETARY: By Senator
Maziarz, Legislative Resolution Number 3239,
honoring Detective Lieutenant Scott Seekins
upon the occasion of his designation as
recipient of the National Lawman of the Year
Award.
"WHEREAS, It is the sense of this
Legislative Body to honor and pay tribute to
those singular individuals who devote their
purposeful lives to serving others, expressing
highest regard for their unwavering
dedication, courage and personal sacrifice in
putting the safety and welfare of others
before their personal comfort and needs; and
"WHEREAS, Attendant to such
concern, and in full accord with its
long-standing traditions, this Legislative
Body is justly proud to join with Parade
magazine and the International Association of
Chiefs of Police in honoring Detective
Lieutenant Scott Seekins upon the occasion of
his designation as recipient of the National
Lawman of the Year Award. He was formally
honored at the Association's Annual Convention
in Philadelphia; and
464
"WHEREAS, Detective Lieutenant
Scott Seekins, Lockport Police Department, is
receiving this auspicious award for his
courage and the heroic acts that he performed
on February 9, 2003; and
"WHEREAS, During an early morning
confrontation at the Village Mobile Home Park,
Detective Lieutenant Scott Seekins warded off
a gunman who had seriously wounded two of his
colleagues; and
"WHEREAS, Detective Lieutenant
Scott Seekins protected his colleagues by
lying on the ground in front of them,
shielding them from further harm. He
repeatedly fired his service pistol at the
gunman, ending the situation; and
"WHEREAS, It is appropriate to
commend and recognize an outstanding law
enforcement officer such as Detective
Lieutenant Scott Seekins for his courage under
fire as well as for his selfless act of
protecting his fellow officers; and
"WHEREAS, As a result of his astute
and gallant actions, Detective Lieutenant
Scott Seekins saved the lives of two
465
colleagues; and
"WHEREAS, It is the sense of this
Legislative Body that when an occasion of such
consummate heroism is brought to our
attention, the same should be memorialized by
us for the edification and emulation of
others; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor
Detective Lieutenant Scott Seekins upon the
occasion of his designation as recipient of
the National Lawman of the Year Award; and be
it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Detective Lieutenant Scott Seekins."
THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President.
It's with a great deal of pride
that I rise today. I think it's an honor for
New York to have the National Lawman of the
Year. And it is a particular honor for me and
for the constituency that I represent in
Niagara County and the City of Lockport to
466
have that officer a member of the Lockport
Police Department.
Madam President, almost one year
ago to the day, Detective Lieutenant Seekins
probably saved the lives of two of his fellow
police officers and ended up taking an
extremely dangerous individual off the streets
of Lockport and Niagara County and probably
saved the lives of many other individuals
through his heroism on that dark night on
February the 9th of 2003.
It is a great honor, as I said, for
me to introduce to you Detective Lieutenant
Scott Seekins, named by the International
Association of Chiefs of Police and Parade
magazine, one of the widest-read magazines in
the country, as the Officer of the Year.
Detective Lieutenant Seekins.
(Applause.)
SENATOR MAZIARZ: I would also,
Madam President, like to acknowledge the
detective's wife, Anne, and his daughter,
Kelly, who are here today, and also the chief
of the Lockport City Police Department, Chief
Neil Merritt, his wife, Beth, and their
467
daughter, Ashley, and ask that this resolution
be put forth before the entire Senate.
Thank you, Madam President.
THE PRESIDENT: Any member who
does not wish to be a sponsor of this
resolution please notify the desk.
Senator Bruno.
SENATOR BRUNO: Madam President,
thank you, and Senator Maziarz.
Lieutenant Seekins, Anne, Kelly, I
really just want to add my congratulations and
our gratitude to you and the people that you
represent and that you personify in uniform,
getting up every day, being out there, never
knowing what to expect in your daily lives,
and being willing to put your life on the line
for fellow officers, fellow citizens, innocent
people, victims. So we're indebted to you.
And, Senator Maziarz, thank you for
inviting Lieutenant Seekins.
The resolution that we passed here
is passed -- while we sometimes get casual
with some of these, this is not a casual
thing. This resolution is numbered, becomes
part of the history of this state. So your
468
children and your grandchildren, years from
now, could look up this resolution, like you
look up any law, and everything that you heard
described is part of the records and history
of New York State.
So I add my congratulations. And
we are indebted to you and to all of the
people who serve with you throughout New York
State and in the United States.
Thank you.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
may we at this time return to messages from
the Assembly.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On motion of
Senator Bruno, the Rules were suspended and
said bill ordered to a third reading:
Calendar Number 246, by the
Assembly Committee on Rules, Assembly Print
Number 9712A, an act to amend the Tax Law, in
relation to providing a method of disposing of
net collections.
SENATOR BRUNO: Is there a
469
message of necessity at the desk?
THE PRESIDENT: Without
objection, first, direct to third reading.
Yes, there is, Senator.
SENATOR BRUNO: Thank you. I
move to accept the message.
THE PRESIDENT: All in favor of
accepting the message of necessity please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up the
470
noncontroversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
57, by Senator Leibell, Senate Print 4839, an
act to amend the Cooperative Corporations Law,
in relation to the formation of cooperatives.
SENATOR SAMPSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
93, by Senator Saland, Senate Print 216A, an
act to authorize the City School District of
the City of Poughkeepsie.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
471
153, by Senator Trunzo, Senate Print 990, an
act to amend the Education Law, in relation to
scholarships for academic excellence.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of August.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
176, substituted earlier today by Member of
the Assembly Magee, Assembly Print Number
9437, an act to amend the Agriculture and
Markets Law, in relation to agricultural
assessment.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
472
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
200, by Senator Balboni, Senate Print 3756, an
act to amend the Real Property Law, in
relation to requiring sellers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
227, by Senator Golden, Senate Print 5425A, an
act to amend the Penal Law, in relation to
endangering the welfare of a child.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the first of
November.
THE PRESIDENT: Senator Bruno, to
473
explain your vote.
SENATOR BRUNO: Madam President
and colleagues, this is a bill that relates to
the tragic loss of life of a 3-month-old
little girl called Laura Mae, lived in
Rensselaer County, died in a childcare center
that was unlicensed, understaffed, 27
youngsters there.
And Laura Mae's father, Ken, is
here; his wife, Wendy, was here; being
supportive, recognizing that there isn't
anything that's going to bring Laura Mae back,
but this law, Laura Mae's, that we hope will
become law, they are helping to protect other
youngsters from injury or death.
And we just want to thank you, Ken
and Wendy, your other two children, for your
support to try and improve the quality of life
for others.
Thank you, Madam President.
THE PRESIDENT: The Secretary
will announce the results.
Senator Hassell-Thompson, to
explain your vote first.
SENATOR HASSELL-THOMPSON: Thank
474
you. I thought I was becoming invisible over
here.
Madam President, I too would like
to explain my vote. And I would first lining
to start by thanking the sponsor for including
me on this bill.
As someone who for many years
worked as a director of an infant daycare
program, and who continues to be a staunch
supporter of childcare and daycare programs
across this state, I still continue to
recognize the importance of having safety for
our children.
When parents leave their children
in the care of these facilities, they need to
know that they are doing so with the
understanding that care for their children is
going to be the primary objective of these
programs.
So as we caution and put laws into
place to ensure this surety, we do so with the
understanding that our children are truly --
it's more than rhetoric -- that children are
truly more than our future, they are our
present.
475
And I thank my colleagues for
understanding the importance of this bill and
including me as one of its sponsors.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
can I ask for an immediate meeting of the
Environmental Conservation Committee in the
Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Environmental
Conservation Committee in the Majority
Conference Room.
Senator Bruno.
SENATOR BRUNO: Can we continue
with the calendar, Madam President.
THE PRESIDENT: The Secretary
will continue to read.
THE SECRETARY: Calendar Number
234, by Senator Kuhl, Senate Print 5742B, an
act to amend the Education Law, in relation to
476
making certain technical corrections.
THE PRESIDENT: There is a local
fiscal impact statement at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
243, by Senator Robach, Senate Print 5463C, an
act to amend the Correction Law, in relation
to closure of correctional facilities.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
477
244, by Senator Nozzolio, Senate Print 6085 --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
245, by Senator Wright, Senate Print 6086, an
act to amend the State Finance Law, in
relation to payment of a relocation allowance.
THE PRESIDENT: Read the last
section.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
Senator Bruno, that completes the
noncontroversial reading of the calendar.
SENATOR BRUNO: Thank you, Madam
President. Can we at this time take up the
controversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
57, by Senator Leibell, Senate Print 4839, an
act to amend the Cooperative Corporations Law,
478
in relation to formation of cooperatives.
SENATOR SAMPSON: Explanation.
THE PRESIDENT: Senator Leibell,
an explanation has been requested.
SENATOR LEIBELL: Yes, Madam
President.
This bill would amend the
Cooperative Corporations Law to establish a
state program promoting the establishment of
cooperatives to encourage alternate energy
technologies and environmentally sound
agricultural waste management programs by
agricultural producers, in order to capture
methane and other gases for the generation and
use or sale of energy from agricultural waste
products.
SENATOR SAMPSON: Madam
President, would the sponsor yield for a
question?
SENATOR LEIBELL: Yes, Madam
President.
THE PRESIDENT: Senator Leibell
does yield. You may proceed with a question,
Senator.
SENATOR SAMPSON: Through you,
479
Madam President, I would like to ask the
sponsor, would coal-bed extraction be used by
these cooperative corporations?
SENATOR LEIBELL: I can't hear.
THE PRESIDENT: Senator Sampson,
could you repeat your question for Senator
Leibell? I don't think he heard you.
SENATOR SAMPSON: The question
is, would coal-bed extractions be used by
these cooperative corporations in extracting
this methane gas?
SENATOR LEIBELL: Was the
question concerning coal?
SENATOR SAMPSON: Yeah, coal-bed.
SENATOR LEIBELL: No, this is
only for agricultural products, not coal.
SENATOR SAMPSON: Okay. No
further questions.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
480
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
244, by Senator Nozzolio, Senate Print 6085,
an act to repeal certain provisions of Article
12 of the Correction Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Schneiderman, why do you
rise?
SENATOR SCHNEIDERMAN: To explain
my vote, Madam President.
THE PRESIDENT: You may proceed.
SENATOR SCHNEIDERMAN: Thank you.
I realize that this legislation to
eliminate local conditional-release
481
commissions comes to us in an expedited
process. It is related to the tragedy Senator
Bruno spoke about earlier today, and we all
are in support of this legislation.
I would note that this is something
that relates to a far larger problem in the
criminal justice system, and a far larger
problem in the context of the problem of the
crisis of childcare in the state.
It would be good for us to take a
more comprehensive look at a certain point,
and I hope that the chair, Senator Nozzolio,
and the sponsor, will consider taking a
broader look at the issue of local
correctional facilities.
We're going to do another bill now
relating to employees of our correctional
system. We have an overcrowded, poorly
managed system in many respects. And I think
that some sort of inquiries or inquiries into
the issues that were supposedly being
addressed, and apparently not being addressed
adequately by these local commissions, would
be called for.
Thank you, Madam President.
482
THE PRESIDENT: The bill again is
passed.
And, Senator Schneiderman, you will
be so recorded as voting in the affirmative on
that bill.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
245, by Senator Wright, Senate Print 6086, an
act to amend the State Finance Law, in
relation to payment of a relocation allowance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, briefly on the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR SCHNEIDERMAN: This
legislation, which provides a relocation
allowance for certain reassigned employees of
the Department of Correctional Services, I
483
think is a worthwhile endeavor.
I worked for several years in a
correctional facility, between college and law
school, and I know the stress that these
positions cause. And I also know that there
are substantial burdens borne by people who
are reassigned within the system, frequently
from facilities in one part of the state to
facilities hundreds or even thousands of miles
away.
However, this legislation, which
I'm not sure is really going to become law
this year, needs to be addressed in the
context of an overall review of the budget.
And I would urge my colleagues that if we
really are serious about doing something about
the crisis in our correctional system, that we
take an overview of this, that we address it
in the context of the budget.
I do not think any serious student
of criminal justice believes that the needs of
the system have been adequately addressed in
the Governor's proposal. It's time for us to
take a broader look at this problem.
I certainly support relocation
484
allowances for correctional services employees
under these conditions, but it's time to take
a broader look. And I think this kind of
legislation really should be done in the
context of the budget that we are proceeding
to address over the next few weeks.
Thank you, Madam President. I vote
yes.
THE PRESIDENT: Senator Wright.
SENATOR WRIGHT: Thank you, Madam
President. To explain my vote.
THE PRESIDENT: You may proceed.
SENATOR WRIGHT: I appreciate the
support of my colleagues on this particular
piece of legislation, that it provides for the
allocation of a stipend as a result of a
transfer and, in this instance, forced
transfers.
In my district there are over 1,400
correction officers, as well as professional
and support employees of the corrections
system, and in excess of 15 percent of those
individuals will be required to transfer out
of their current assignments without advance
notice, disrupting their family, disrupting
485
the community, and having an adverse economic
impact upon the region in excess of
$7 million.
Were this a private-sector company
making this kind of decision, everyone would
be rushing trying to deal with the
hemorrhaging that would occur and the adverse
impact on the economy.
So I appreciate not only this bill
but the previous bill, sponsored by my
colleague Senator Robach, that requires a
year's notice to employees and communities.
That bill passed this house a year ago. Had
it passed the Assembly, we wouldn't be facing
these kind of difficulties today.
So I'm very pleased that the Senate
has spoken in a loud voice, promptly
addressing the issue in a bipartisan fashion.
Thank you, Madam President. I vote
aye.
THE PRESIDENT: You will be so
recorded, Senator Wright, as voting in the
affirmative.
Read the last section.
THE SECRETARY: Section 2. This
486
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
controversial reading of the calendar.
SENATOR SKELOS: Thank you, Madam
President.
There will be an immediate meeting
of the Corporations Committee in the Majority
Conference Room, followed by a Higher
Education Committee meeting, which we'll call
from the floor. We will then be taking the
reports of the committees, do some
housekeeping, and adjourn.
THE PRESIDENT: There will be an
immediate meeting of the Corporations
Committee in the Majority Conference Room,
followed by a meeting of the Higher Education
Committee. In the Majority Conference Room,
Senator Skelos, also?
SENATOR SKELOS: Yes, Madam
President.
487
THE PRESIDENT: The Senate will
stand at ease.
Senator Skelos.
SENATOR SKELOS: Senator Wright
wants to be recognized.
THE PRESIDENT: Senator Wright.
SENATOR WRIGHT: Thank you very
much, Madam President.
On behalf of Senator Golden, on
page 17 I offer the following amendments to
Calendar Number 209, Senate Print Number 6007,
and ask that said bill retain its place on the
Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR WRIGHT: Thank you.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 11:49 a.m.)
(Whereupon, the Senate reconvened
at 11:50 a.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
488
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there are two reports at
the desk at this time, if we could have them
read.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Alesi,
from the Committee on Commerce, Economic
Development and Small Business, reports:
Senate Print 52, by Senator
Padavan, an act to amend the State
Administrative Procedure Act;
3820, by Senator Alesi, an act to
amend the State Administrative Procedure Act
and the Executive Law;
And Senate Print 5857, by Senator
Maziarz, an act to amend the Alcoholic
Beverage Control Law.
Senator Balboni, from the Committee
on Veterans, Homeland Security and Military
Affairs, reports:
Senate Print 1711, by Senator Rath,
an act to amend the Penal Law;
4417A, by Senator Maziarz, an act
489
to amend the Military Law;
4744, by Senator Balboni, an act to
amend the Executive Law;
4749, by Senator Balboni, an act to
amend the Executive Law;
5159, by Senator Balboni, an act to
amend the Executive Law;
And Senate Print 5439, by Senator
Balboni, an act to amend Chapter 15 of the
Laws of 1998.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: All
bills direct to third reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could stand at ease pending further
reports to come in.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:52 a.m.)
(Whereupon, the Senate reconvened
at 12:00 p.m.)
ACTING PRESIDENT McGEE: Senator
490
Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Higher Education Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Higher
Education Committee in the Majority Conference
Room.
SENATOR SKELOS: And then if we
could return to reports of standing
committees.
I believe there's one report right
now at the desk, if we could have that read.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator
Marcellino, from the Committee on
Environmental Conservation, reports:
Senate Print 883, by Senator
Marcellino, an act to amend the Environmental
Conservation Law;
897, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
1966, by Senator Larkin, an act to
491
amend the Environmental Conservation Law;
2326B, by Senator Volker, an act to
amend the Environmental Conservation Law;
2666, by Senator Padavan, an act to
amend the Environmental Conservation Law;
And Senate Print 3430, by Senator
Saland, an act to amend the Environmental
Conservation Law.
Senator Leibell, from the Committee
on Corporations, Authorities and Commissions
reports:
Senate Print 3270A, by Senator
Hoffmann, an act to amend Chapter 174 of the
Laws of 1968;
3418A, by Senator Marchi, an act to
amend the Not-for-Profit Corporation Law;
4340, by Senator Leibell, an act to
amend the Not-For-Profit Corporation Law;
4715, by Senator Leibell, an act to
amend the Business Corporation Law;
4885, by Senator Leibell, an act to
amend the Waterfront Commission Act;
4886, by Senator Leibell, an act to
amend the Waterfront Commission Act;
5147, by Senator Morahan, an act to
492
amend the Not-for-Profit Corporation Law;
5452B, by Senator Volker, an act to
amend Chapter 824 of the Laws of 1933;
5809, by Senator Balboni, an act to
amend Chapter 672 of the Laws of 1993;
5902, by Senator Skelos, an act to
amend the Limited Liability Company Law;
5967, by Senator DeFrancisco, an
act to amend the Public Authorities Law;
And Senate Print 6023, by Senator
Bruno, an act to amend the Public Authorities
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: All
bills reported direct to third reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
ACTING PRESIDENT McGEE: There is
no housekeeping at the desk.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we stand adjourned until Monday,
February 23rd, at 3:00 p.m., intervening days
493
being legislative days.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Monday, February 23rd, at 3:00 p.m.,
intervening days being legislative days.
(Whereupon, at 12:04 p.m., the
Senate adjourned.)