Regular Session - February 9, 2005
552
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 February 9, 2005
11 11:20 a.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR RAYMOND A. MEIER, Acting President
19 STEVEN M. BOGGESS, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order.
4 May I ask everyone present to
5 please rise and join me in the Pledge of
6 Allegiance to the Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MEIER: In the
10 absence of clergy, may we each bow our heads
11 in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT MEIER: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, February 8, the Senate met pursuant
18 to adjournment. The Journal of Monday,
19 February 7, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT MEIER: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Bruno.
8 SENATOR BRUNO: Mr. President, I
9 believe I have a privileged resolution at the
10 desk. I would ask that it be read in its
11 entirety and move for its immediate adoption.
12 ACTING PRESIDENT MEIER: The
13 Secretary will read the privileged resolution.
14 THE SECRETARY: By Senator Bruno,
15 Legislative Resolution Number 356,
16 congratulating the Saratoga Springs High
17 School Girls Cross Country Team on its
18 outstanding 2004 season.
19 "WHEREAS, Excellence and success in
20 competitive sports can be achieved only
21 through strenuous practice, team play and team
22 spirit, nurtured by dedicated coaching and
23 strategic planning; and
24 "WHEREAS, Athletic competition
25 enhances the moral and physical development of
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1 the young people of this state, preparing them
2 for the future by instilling in them the value
3 of teamwork, encouraging a standard of healthy
4 living, imparting a desire for success, and
5 developing a sense of fair play and
6 competition; and
7 "WHEREAS, It is the sense of this
8 Legislative Body to acknowledge the prominent
9 athletes and teams of this great Empire State
10 who distinguish themselves through outstanding
11 performances and exemplary athletic
12 achievements; and
13 "WHEREAS, Attendant to such
14 concern, and in full accord with its
15 long-standing traditions, this Legislative
16 Body is justly proud to congratulate the
17 Saratoga Springs High School 'Blue Streaks'
18 Girls Cross Country Team on its outstanding
19 2004 season; and
20 "WHEREAS, The athletic talent
21 displayed by the Saratoga Springs High School
22 Girls Cross Country Team is due in great part
23 to the efforts of the husband and wife
24 coaching duo of Coaches Art and Linda Kranick,
25 skilled and inspirational tutors, respected
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1 for their ability to develop potential into
2 excellence; and
3 "WHEREAS, The Saratoga Springs High
4 School Girls Cross Country Team was ranked
5 number one in the nation throughout the season
6 by The Harrier, the 10th time in the last
7 12 years that it has been awarded that
8 distinction; and
9 "WHEREAS, The Saratoga Springs High
10 School Girls Cross Country Team cruised
11 through the Suburban Council season, becoming
12 the first squad to ever go through the league
13 schedule placing its best five runners in the
14 top five spots in every race; and
15 "WHEREAS, On October 1, 2004, the
16 Saratoga Springs High School Girls Cross
17 Country Team captured the first of several big
18 invitational wins at the Great American Cross
19 Country Festival in North Carolina; and
20 "WHEREAS, Following a victory in
21 the Suburban Council Championships, the
22 Saratoga Springs High School Girls Cross
23 Country Team captured the Section II meet the
24 following week; and
25 "WHEREAS, At the New York State
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1 Public High School Athletic Association
2 Championships at Chenango Valley State Park in
3 Binghamton, New York, the Saratoga Springs
4 High School Girls Cross Country Team won its
5 fourth straight title and 12th overall, with
6 all five of its runners finishing in the top
7 ten; and
8 "WHEREAS, On November 21, 2004, at
9 the 31st Annual New York State Federation
10 Cross Country Championships, a meet that the
11 Blue Streaks had won 14 of the last 15 years,
12 the Saratoga Springs High School Girls Cross
13 Country Team placed five runners in the top 10
14 once again and won handily; and
15 "WHEREAS, The following week, at
16 Van Cortlandt Park in the Bronx, the Saratoga
17 Springs High School Girls Cross Country Team
18 qualified four runners for the 26th Annual
19 Foot Locker National Championships in
20 San Diego; and
21 "WHEREAS, This marked the first
22 time in the 26 years of the prestigious race
23 that one school can boast four runners going
24 to the national meet. No girls' team had ever
25 sent more than two, and only two boys' teams
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1 had sent three qualifiers; and
2 "WHEREAS, On December 5, 2004, in
3 Portland, Oregon, the Saratoga Springs High
4 School Girls Cross Country Team, competing as
5 the Kinetic Running Club, easily outdistanced
6 the field to capture the inaugural Nike Team
7 Nationals, the first national championship
8 ever held for a team sport in the United
9 States; and
10 "WHEREAS, The Blue Streaks were led
11 by spectacular junior Nicole Blood, who set a
12 course record at the Saratoga State Park when
13 she won the Suburban Council Championship, was
14 victorious in the Section II meet, captured
15 the New York State Public High School Athletic
16 Association Championships for the second
17 straight year and third time in four years,
18 set the meet record while winning the New York
19 State Federation Cross Country Championship
20 for the third straight year, finished first in
21 the Northeast Regional to qualify for the Foot
22 Locker National Championships for the third
23 straight year, and finished in third place at
24 the Nike Team Nationals; and
25 "WHEREAS, Another stellar performer
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1 for the Saratoga Springs High School Girls
2 Cross Country Team during the 2004 season was
3 junior Lindsey Ferguson. She qualified for
4 her second straight Foot Locker National
5 Championships by finishing fifth in the
6 Northeast Regional at Van Cortlandt Park,
7 finished second at the Suburban Council and
8 Section II Championship meets, third at the
9 New York State Public High School Athletic
10 Association Championships, eighth at the
11 New York State Federation meet, and seventh at
12 the Nike Team Nationals; and
13 "WHEREAS, In addition, the Saratoga
14 Springs High School Girls Cross Country Team
15 had two freshmen stand out during the 2004
16 season, both qualifying for the Foot Locker
17 National Championships: Hannah Davidson
18 finished fourth at the Suburban Council, third
19 at the Section II, fifth at the New York State
20 Public High School Athletic Association, third
21 at the New York State Federation
22 Championships, and sixth at the Nike Team
23 Nationals; Caitlin Lane finished third at the
24 Suburban Council, fourth at the Section II,
25 eighth at the New York State Public High
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1 School Athletic Association, and ninth at the
2 New York State Federation Championships; and
3 "WHEREAS, For their efforts,
4 Coaches Art and Linda Kranick received the
5 2003-2004 National High School Girls Cross
6 Country Coaches of the Year Award from the
7 National High School Coaches Association; and
8 "WHEREAS, Science teachers at Maple
9 Avenue Middle School, Art and Linda Kranick
10 have been coaching the Saratoga Springs High
11 School Girls Cross Country Team for 18 years
12 and have always done a superb job in guiding,
13 molding and inspiring the team members toward
14 their goals; and
15 "WHEREAS, Since Art and Linda
16 Kranick took over as the Saratoga Springs High
17 School Girls Cross Country Team coaches, every
18 runner that has been through the program has
19 gone on to college, many of them with
20 scholarships, and received a degree; and
21 "WHEREAS, The hallmarks of the
22 Saratoga Springs High School Girls Cross
23 Country Team, from the opening meet of the
24 season to participation in the championship,
25 were a sisterhood of athletic ability, of good
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1 sportsmanship, of honor and of scholarship,
2 demonstrating that these runners are second to
3 none; and
4 "WHEREAS, The Saratoga Springs High
5 School Girls Cross Country Team's overall
6 record is outstanding, and the team members
7 were loyally and enthusiastically supported by
8 family, fans, friends and the community at
9 large; and
10 "WHEREAS, Athletically and
11 academically, the Blue Streaks have proven
12 themselves to be an unbeatable combination of
13 talents, reflecting favorably on Saratoga
14 Springs High School; and
15 "WHEREAS, Sports competition
16 instills the values of teamwork, pride and
17 accomplishment, and Coaches Art and Linda
18 Kranick and their outstanding athletes have
19 clearly made a contribution to the spirit of
20 excellence which is a tradition of Saratoga
21 Springs High School; and
22 "WHEREAS, It is the sense of this
23 Legislative Body that when athletic teams
24 which distinguish themselves through their
25 exceptional performance, attaining
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1 unprecedented success and the highest level of
2 personal achievement, are brought to our
3 attention, they should be celebrated and
4 recognized by all the citizens of the great
5 State of New York; now, therefore, be it
6 "RESOLVED, That this Legislative
7 Body pause in its deliberations to
8 congratulate the Saratoga Springs High School
9 Girls Cross Country Team, its members --
10 Hannah Davidson, Caitlin Lane, Karyn Delay,
11 Alysha McElroy, Melissa Trauscht, Ashley
12 Campbell, Lindsey Ferguson, Nicole Blood, and
13 Cameron Vahanian -- Assistant Coach Don
14 Kearns, and Coaches Art and Linda Kranick on
15 their outstanding 2004 season; and be it
16 further
17 "RESOLVED, That copies of this
18 resolution, suitably engrossed, be transmitted
19 to the Saratoga Springs High School Girls
20 Cross Country Team, Assistant Coach Don
21 Kearns, and Coaches Art and Linda Kranick."
22 ACTING PRESIDENT MEIER: Senator
23 Bruno.
24 SENATOR BRUNO: Thank you, Mr.
25 President and colleagues.
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1 ACTING PRESIDENT MEIER: Can we
2 have some order in the chamber. The Majority
3 Leader has the floor.
4 Senator Bruno.
5 SENATOR BRUNO: Senator Onorato,
6 the president is calling for a little order in
7 the chamber.
8 We are honoring and respecting some
9 very outstanding young ladies who have joined
10 us here in the chamber. And I believe I owe
11 these young ladies an explanation.
12 What you witnessed today was
13 historic. You've just witnessed a senator
14 being seated, having gone through the longest
15 election process in the history of New York.
16 And that was concluded late yesterday
17 afternoon, and Senator Spano has taken his
18 seat after accepting the oath of office and
19 being sworn in.
20 So we apologize. We usually -- I
21 don't apologize. I'm as happy as I can be.
22 (Laughter.)
23 SENATOR BRUNO: But the people in
24 the chamber were in the chamber before session
25 because of this historic occasion. And some
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1 people other than legislators, who are
2 support, are on the floor, and others are the
3 legislators in their seats.
4 But this resolution, colleagues,
5 describes and personifies national champions
6 in cross country running.
7 Now, running competitively, for any
8 of you that have ever done it, is pretty hard.
9 Lots of training. And when you're out there
10 and that last quarter mile, that last half
11 mile when people are kicking by you and you're
12 reaching down, boy, it takes stamina,
13 endurance, training, character, perseverance,
14 guts.
15 Cross country? Cross country is
16 long. Longer than this historic Senate race.
17 (Laughter.)
18 SENATOR BRUNO: It's over hill,
19 over dale, across streams.
20 And now you imagine, if you're
21 running five miles, eight miles, 10 miles,
22 whatever you're running in a cross country
23 race, with people who are as trained as you
24 are, and then you've got that last quarter
25 mile or half mile, how does it feel? You have
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1 to have something special.
2 Ladies, you have something special.
3 You have what you have in terms of what makes
4 you run. You have the academic skills that
5 you have demonstrated. You have the team
6 spirit. You have the support of parents and
7 friends. You have Art and Linda Kranick that
8 are up there, your coaches, who help you do
9 all the things that you do so well.
10 The resolution you heard is passed
11 just like a law of the state. That resolution
12 is numbered. That will become a record here
13 in the state. Twenty years, fifty years from
14 now, that number can be called up with this
15 title, and your children and your
16 grandchildren can read what you just heard and
17 chronicle your outstanding achievements.
18 They're national champions. I am
19 proud that they're in Saratoga, my district.
20 Senator Farley, very envious, because he
21 represents Wilton.
22 Any of the young people from
23 Wilton? One?
24 So Senator Farley, please put him
25 on the resolution.
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1 Anyone else that would like to join
2 in recognizing these truly outstanding young
3 ladies that I'm proud of, we're proud of, and
4 everyone in this community and this state are
5 proud of you.
6 You keep up the good work, and God
7 bless you all.
8 Thank you, Mr. President.
9 (Standing ovation.)
10 ACTING PRESIDENT MEIER: Senator
11 Farley.
12 SENATOR FARLEY: Thank you, Mr.
13 President.
14 Senator Bruno, thank you.
15 Incidentally, I do represent a
16 little portion of the City of Saratoga Springs
17 also, the western part. I don't know -- I do
18 have one Wilton student up there, but also
19 part of the city.
20 So let me just offer my
21 congratulations to you athletes that are --
22 have really won national recognition.
23 And I'd like to also pay tribute
24 because, you know, this is very special for
25 our Majority Leader, Senator Bruno. Because I
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1 recall when he was a young man of 60 years of
2 age -- Joe, pay attention -- you won the
3 Turkey Trot, I believe.
4 (Laughter.)
5 SENATOR BRUNO: Thank you. 39.54
6 10k.
7 SENATOR FARLEY: There you go.
8 (Applause.)
9 SENATOR FARLEY: And he has been
10 a runner all his life. And I know that that's
11 so very significant to him.
12 I offer you my congratulations.
13 We're very, very proud of you. It's just
14 another example of how great things are
15 happening in Saratoga County and, in
16 particular, in Saratoga Springs.
17 We're very, very proud of this
18 incredible recognition as national winners.
19 My best wishes to you all.
20 ACTING PRESIDENT MEIER: The
21 question is on the resolution. All those in
22 favor signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT MEIER: Opposed,
25 nay.
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1 (No response.)
2 ACTING PRESIDENT MEIER: The
3 resolution is unanimously adopted.
4 Senator Bruno.
5 SENATOR BRUNO: Mr. President, I
6 believe there are two resolutions at the desk
7 by Senator Seward. I would ask that the
8 titles be read and move for their immediate
9 adoption.
10 ACTING PRESIDENT MEIER: The
11 Secretary will read.
12 THE SECRETARY: By Senator
13 Seward, Legislative Resolution Number 419,
14 commending Cub Scout Pack 66, Sherburne,
15 New York, upon the occasion of its celebration
16 of the 75th Anniversary of Cub Scouting.
17 And by Senator Seward, Legislative
18 Resolution Number 420, commending John O.
19 Stevens for his contributions to wildlife
20 conservation in Otsego County as he is honored
21 at a party to be held on February 12, 2005.
22 ACTING PRESIDENT MEIER: The
23 question is on the resolutions. All those in
24 favor signify by saying aye.
25 (Response of "Aye.")
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1 ACTING PRESIDENT MEIER: Those
2 opposed, nay.
3 (No response.)
4 ACTING PRESIDENT MEIER: The
5 resolutions are adopted.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 at this time if I could move to adopt the
9 Resolution Calendar in its entirety.
10 ACTING PRESIDENT MEIER: All
11 those in favor of adopting the Resolution
12 Calendar signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT MEIER: Those
15 opposed, nay.
16 (No response.)
17 ACTING PRESIDENT MEIER: The
18 Resolution Calendar is adopted.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 would you please recognize Senator Golden.
22 ACTING PRESIDENT MEIER: Senator
23 Golden.
24 SENATOR GOLDEN: I'd like to open
25 up the calendar for those that would want to
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1 join on on the resolutions.
2 Resolution Number --
3 ACTING PRESIDENT MEIER:
4 Resolution 361, Senator?
5 SENATOR GOLDEN: 361, that's
6 correct, sir.
7 ACTING PRESIDENT MEIER: All
8 right. Anyone who would like to join in
9 cosponsoring Resolution 361 can signify by
10 notifying the desk.
11 Senator Skelos.
12 SENATOR SKELOS: Would you
13 recognize Senator Sabini, please.
14 ACTING PRESIDENT MEIER: Senator
15 Sabini.
16 SENATOR SABINI: Thank you, Mr.
17 President.
18 I just wanted to alert my
19 colleagues to Resolution 359, which I did not
20 know was going to be on the calendar just
21 today, which I cosponsored with Senator
22 Fuschillo, to commemorate the heroic actions
23 of Lieutenant Soviero, Louis Soviero.
24 You know, we heard a lot about
25 people who fought for freedom overseas, and we
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1 admire that and we have a free country because
2 of that effort. But there are those here in
3 the homeland that perform acts of heroism as
4 well that we all know, in rescue companies and
5 police forces.
6 And Lieutenant Soviero made
7 front-page news in New York City a couple of
8 weeks ago, if you remember, when he
9 single-handedly caught two people who jumped
10 out of a burning building -- without
11 equipment -- out of the second floor of a
12 building, two children, in a burning building
13 in Corona, in Queens County.
14 And when interviewed on TV after he
15 had done this in bone-chilling conditions,
16 wind chills below zero, he just said, "That's
17 my job," and was frankly surprised that people
18 were impressed with it.
19 So in his going to work that day,
20 little did he know that he would be
21 single-handedly saving two children from, at
22 best, broken bones from jumping out of a
23 window, but in effect performing a heroic
24 rescue from a fire that killed human beings
25 otherwise.
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1 So I wanted to note that for the
2 record, and thank Senator Fuschillo, who's
3 constituent Lieutenant Soviero is, for
4 cosponsoring it with me.
5 Thank you.
6 ACTING PRESIDENT MEIER: Senator
7 Skelos.
8 SENATOR SKELOS: Mr. President,
9 if we could go to the noncontroversial reading
10 of the calendar.
11 ACTING PRESIDENT MEIER: The
12 Secretary will conduct the noncontroversial
13 reading of the calendar.
14 THE SECRETARY: Calendar Number
15 35, by Senator LaValle, Senate Print 95, an
16 act to amend the Real Property Tax Law.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 36, by Senator Trunzo, Senate Print 147, an
4 act to amend the General Municipal Law.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 38, by Senator Larkin, Senate Print 854, an
17 act to amend the Real Property Tax Law.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 6. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 Senator Skelos, that completes the
4 calendar.
5 SENATOR SKELOS: Mr. President,
6 is there any housekeeping at the desk?
7 ACTING PRESIDENT MEIER: There is
8 no business at the desk, Senator.
9 SENATOR SKELOS: On behalf of
10 Senator Bruno, I'd like to hand up the
11 following notice of leadership change and
12 committee assignments and ask that they be
13 filed at the desk.
14 ACTING PRESIDENT MEIER: The
15 notices are received and will be filed in the
16 Journal.
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 there being no further business to come before
20 the Senate, I move we stand adjourned until
21 Monday, February 14th, at 3:00 p.m.,
22 intervening days being legislative days.
23 ACTING PRESIDENT MEIER: On
24 motion, the Senate stands adjourned until
25 Monday, February 14th, at 3:00 p.m.
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1 Intervening days will be legislative days.
2 (Whereupon, at 11:44 a.m., the
3 Senate adjourned.)
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