Regular Session - March 8, 2006
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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8
9 ALBANY, NEW YORK
10 March 8, 2006
11 11:05 a.m.
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13
14 REGULAR SESSION
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18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order. I ask everyone present
4 to please rise and repeat with me the Pledge
5 of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 THE PRESIDENT: In the absence of
9 clergy, may we bow our heads, please, in a
10 moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 THE PRESIDENT: Reading of the
14 Journal.
15 THE SECRETARY: In Senate,
16 Tuesday, March 7, the Senate met pursuant to
17 adjournment. The Journal of Monday, March 6,
18 was read and approved. On motion, Senate
19 adjourned.
20 THE PRESIDENT: Without
21 objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Fuschillo.
7 SENATOR FUSCHILLO: Thank you,
8 Madam President.
9 On page number 28 I offer the
10 following amendments to Calendar Number 377,
11 Senate Print Number 6805A, and ask that said
12 bill retain its place on Third Reading
13 Calendar.
14 THE PRESIDENT: The amendments
15 are received, and the bill will retain its
16 place on the Third Reading Calendar.
17 SENATOR FUSCHILLO: Thank you.
18 THE PRESIDENT: Senator Skelos.
19 SENATOR SKELOS: Madam President,
20 Senator DeFrancisco has passed a resolution
21 and would like to comment on it at this time.
22 THE PRESIDENT: The Secretary
23 will read the resolution.
24 THE SECRETARY: By Senator
25 DeFrancisco, Legislative Resolution Number
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1 3782, congratulating Judy Morenz and Peter
2 "Sonny" Manos, III, as recipients of the 2006
3 New York Association for Continuing/Community
4 Education Student of the Year Award.
5 THE PRESIDENT: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Thank you,
8 Madam President.
9 We have with us Judy Morenz and
10 Sonny Manos in chambers. And, you know, we
11 technically passed this resolution yesterday,
12 but they came here today and I thought it
13 would be important for us to honor them as a
14 body.
15 These are two individuals that had
16 some difficulties early in life as far as
17 education was concerned. But as a result of
18 the effort of many, many people and as a
19 result of the New York State Association for
20 Continuing/Community Education, they were able
21 to overcome some serious, serious obstacles
22 and obtain their education and become
23 successful members of the community since.
24 I just want to mention one thing
25 about each one of them. Judy was an
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1 individual who had to drop out of school in
2 the 7th grade. Despite that, because of some
3 difficulties she had in school, she never,
4 ever stopped pursuing her education and she
5 was able to obtain her high school
6 equivalence. And she's now a volunteer tutor.
7 And we're so proud in my district about Judy's
8 accomplishments, and that's why we're honoring
9 her today.
10 Secondly, Sonny Manos, who is also
11 here, Sonny had some even more serious
12 problems. He had serious substance abuse
13 problems and problems that made him not the
14 most productive person in society. In fact,
15 he wasn't a productive person at all.
16 However, due to these incredible
17 people that helped him, but also due to his
18 own motivation, he obtained that education,
19 got off of those terrible drugs and alcohol,
20 and is now not only a productive member of the
21 community but he's a successful businessman in
22 our community, having a construction firm.
23 And one thing I wanted to mention,
24 in getting that education, he would have to
25 ride his bike, as an adult, five miles each
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1 way each day to get that education. I'm sure
2 most of us have not had to make that kind of
3 sacrifice, because the education was right
4 there for us.
5 So to both Judy and Sonny and to
6 all those that helped them and to OCM BOCES,
7 who nominated them for students of year, and I
8 just want to congratulate them and let you
9 know that we passed this resolution
10 unanimously yesterday to honor both of you.
11 Thank you.
12 THE PRESIDENT: The resolution
13 was previously adopted on March 7th.
14 Congratulations and best wishes to
15 you.
16 Senator Skelos.
17 SENATOR SKELOS: Madam President,
18 I believe there are some substitutions at the
19 desk, if we could make them at this time.
20 THE PRESIDENT: The Secretary
21 will read.
22 THE SECRETARY: On page 23,
23 Senator Saland moves to discharge, from the
24 Committee on Consumer Protection, Assembly
25 Bill Number 9279A and substitute it for the
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1 identical Senate Bill Number 6298A, Third
2 Reading Calendar 304.
3 And on page 29, Senator Saland
4 moves to discharge, from the Committee on
5 Transportation, Assembly Bill Number 8279 and
6 substitute it for the identical Senate Bill
7 Number 5332, Third Reading Calendar 387.
8 THE PRESIDENT: Substitutions
9 ordered.
10 Senator Skelos.
11 SENATOR SKELOS: Madam President,
12 if we could go to the noncontroversial reading
13 of the calendar.
14 THE PRESIDENT: The Secretary
15 will read.
16 THE SECRETARY: Calendar Number
17 200, by Senator Alesi, Senate Print 2049, an
18 act to amend the Business Corporation Law, in
19 relation to allowing homeowners associations.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 41.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 201, by Senator Flanagan, Senate Print 2153,
6 an act to amend the Public Authorities Law, in
7 relation to tort claims.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 44.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 208, by Senator Leibell, Senate Print 4728 --
19 SENATOR SKELOS: Lay it aside for
20 the day.
21 THE PRESIDENT: The bill is laid
22 for the day.
23 THE SECRETARY: Calendar Number
24 210, by Senator Leibell, Senate Print 5102A,
25 an act to amend the Public Authorities Law, in
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1 relation to prohibiting.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 SENATOR SKELOS: Lay it aside
9 temporarily.
10 THE PRESIDENT: The bill is laid
11 aside temporarily.
12 THE SECRETARY: Calendar Number
13 258, by Senator Nozzolio, Senate Print 4015A,
14 an act to amend the Highway Law, in relation
15 to designating a portion of the state highway
16 system.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 44.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 304, substituted earlier today by Member of
3 the Assembly Pheffer, Assembly Print Number
4 9279A, an act to amend the General Business
5 Law, in relation to fees.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 47.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 329, by Senator Fuschillo, Senate Print 786,
17 an act to amend the Education Law, in relation
18 to notice to school districts.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 46. Nays,
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1 1. Senator Parker recorded in the negative.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 350, by Senator Morahan, Senate Print 5560, an
6 act to amend the Mental Hygiene Law, in
7 relation to electronic submission.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of January.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 49.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 355, by Senator Volker, Senate Print 6221, an
19 act to amend the Executive Law, in relation to
20 extending provisions.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 49.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 387, substituted earlier today by Member of
7 the Assembly Zebrowski, Assembly Print Number
8 8279, an act to amend the Public Authorities
9 Law, in relation to quorum and voting
10 requirements.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 49. Nays,
18 2. Senators Duane and Spano recorded in the
19 negative.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 389, by Senator Maziarz, Senate Print 6225, an
24 act to amend the Highway Law, in relation to
25 extending the "Niagara Wine Trail East."
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 51.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 401, by Senator Balboni, Senate Print 933, an
12 act to amend the Family Court Act and the
13 Domestic Relations Law, in relation to
14 issuance.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 51.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 406, by Senator Meier, Senate Print 5228, an
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1 act to amend the Social Services Law, in
2 relation to health professionals.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 51.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 407, by Senator Trunzo, Senate Print 147, an
14 act to amend the General Municipal Law, in
15 relation to allowing.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 51.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 419, by Senator Skelos, Senate Print 6829, an
2 act to amend the Real Property Tax Law, in
3 relation to allowing.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 51.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 420, by Senator Skelos, Senate Print 6830, an
15 act to amend the Real Property Tax Law, in
16 relation to adjusted base proportions.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 51.
24 THE PRESIDENT: The bill is
25 passed.
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1 The Secretary will now read
2 Calendar 210.
3 THE SECRETARY: Calendar Number
4 210, by Senator Leibell, Senate Print 5102A,
5 an act to amend the Public Authorities Law.
6 SENATOR SKELOS: Lay it aside for
7 the day.
8 THE PRESIDENT: The bill is laid
9 aside for the day.
10 Senator Skelos, that completes the
11 reading of the calendar this morning.
12 SENATOR SKELOS: Is there any
13 further business at the desk?
14 THE PRESIDENT: No, there is not,
15 Senator.
16 SENATOR SKELOS: Would you please
17 recognize Senator Duane.
18 THE PRESIDENT: Senator Duane.
19 SENATOR DUANE: Thank you, Madam
20 President.
21 I have a motion at the desk, and
22 I'd like to have it called up at this time.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: Senate Print
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1 1454, by Senator Duane, an act to amend the
2 Education Law.
3 THE PRESIDENT: Senator Duane.
4 SENATOR DUANE: Thank you, Madam
5 President.
6 My bill would prohibit harassment
7 against all students in public schools,
8 including harassment and discrimination based
9 on a person's actual or perceived race, color,
10 national original, ethnic group, religion,
11 religious practice, disability, sexual
12 orientation, gender, or sex.
13 It would require each public school
14 district to establish an antiharassment policy
15 and an antidiscrimination policy. It would
16 create school training programs on harassment
17 and discrimination. It would raise
18 sensitivity and awareness as well as enable
19 staff to respond to harassment. And it would
20 develop nondiscrimination instruction and
21 counseling methods.
22 Finally, it would direct the
23 commissioner of education to provide
24 assistance and support to school districts,
25 which may include model policies and direct
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1 services, and to promulgate regulations to
2 assist school districts in determining the
3 proper response to violations of the act, with
4 an emphasis on intervention education.
5 Madam President, every student
6 deserves a safe, welcoming and affirming
7 environment in school in order to concentrate
8 on their academic and personal growth. And I
9 know you personally worked on this issue as
10 well. They should not have to be preoccupied
11 by the threat of violence or harassment or
12 discrimination, whether it's physical or
13 whether it's verbal, either from other
14 students or, for that matter, from school
15 employees.
16 So the Dignity for All Students Act
17 would promote civility among students and
18 between students and teachers. It would also
19 help create an atmosphere where learning is
20 paramount and distractions to learning are
21 minimized.
22 Now, this bill is a preemptive
23 bill. It's not punishing after the fact, it's
24 preventing bad situations -- harassment and
25 discrimination -- from happening in the
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1 schools. And it would go a very long way
2 towards making it possible for students to not
3 be afraid and to really be able to concentrate
4 on their studies and on their academic work.
5 So if, as I hope we will pass this
6 Dignity for All Students Act -- by stopping
7 harassment and discrimination before it
8 starts, it would be a major step in creating a
9 much better learning environment in all of our
10 schools. And I'm hopeful that my colleagues
11 will vote in the affirmative on this.
12 Thank you, Madam President.
13 THE PRESIDENT: All those
14 Senators in favor of the petition out of
15 committee please signify by raising your
16 hands.
17 THE SECRETARY: Those recorded in
18 agreement are Senators Andrews, Breslin,
19 Coppola, Diaz, Dilan, Duane, Klein,
20 L. Krueger, C. Kruger, Onorato, Oppenheimer,
21 Parker, Paterson, Sabini, Sampson, Savino,
22 Schneiderman, A. Smith, Stachowski, Stavisky
23 and Valesky.
24 THE PRESIDENT: The petition is
25 not agreed to.
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1 Senator Skelos.
2 SENATOR SKELOS: Madam President,
3 there being no further business to come before
4 the Senate, I move we stand adjourned until
5 Monday, March 13th, at 3:00 p.m., intervening
6 days being legislative days.
7 THE PRESIDENT: On motion, the
8 Senate now stands adjourned until Monday,
9 March 13th, 3:00 p.m., intervening days being
10 legislative days.
11 (Whereupon, at 11:26 a.m., the
12 Senate adjourned.)
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