Regular Session - March 28, 2006
1693
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 28, 2006
11 3:33 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
1694
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: With us this
10 afternoon to give the invocation is Reverend
11 Dayle Keefer, pastor of Fluvanna Community
12 Church in Jamestown, New York.
13 Reverend Keefer.
14 REVEREND KEEFER: Gracious
15 Father, we come together as this Senate has
16 assembled itself. I pray for them. I ask,
17 O God, Your blessing upon them as they do
18 business for the people of this state.
19 I thank You for their commitment.
20 I thank You for placing in their heart the
21 servant heart.
22 And as they serve these people of
23 this state, I ask that Your sovereign will
24 will be accomplished in their decisions. I
25 ask You for divine wisdom for them. And as
Candyco Transcription Service, Inc.
(518) 371-8910
1695
1 they do this business, may they receive from
2 You the goodness and well-being of the job
3 well done.
4 Grant Your blessing, then, I ask in
5 Jesus' name. Amen.
6 THE PRESIDENT: Reading of the
7 Journal.
8 THE SECRETARY: In Senate,
9 Monday, March 27, the Senate met pursuant to
10 adjournment. The Journal of Sunday, March 26,
11 was read and approved. On motion, Senate
12 adjourned.
13 THE PRESIDENT: Without
14 objection, the Journal stands approved as
15 read.
16 Presentation of petitions.
17 Messages from the Assembly.
18 Messages from the Governor.
19 Reports of standing committees.
20 Reports of select committees.
21 Communications and reports from
22 state officers.
23 Motions and resolutions.
24 Senator Skelos.
25 SENATOR SKELOS: Madam President,
Candyco Transcription Service, Inc.
(518) 371-8910
1696
1 if we could adopt the Resolution Calendar at
2 this time.
3 THE PRESIDENT: All in favor of
4 adopting the Resolution Calendar please
5 signify by saying aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Opposed, nay.
8 (No response.)
9 THE PRESIDENT: The Resolution
10 Calendar is adopted.
11 Senator Skelos.
12 SENATOR SKELOS: Madam President,
13 there's a resolution at the desk by Senator
14 Morahan. If we could have the title read and
15 move for its immediate adoption.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: By Senator
19 Morahan, Legislative Resolution Number 4297,
20 commending George J. Parness upon the occasion
21 of his designation for special honor at the
22 10th Anniversary celebration of the Suffern
23 Community Center on April 2, 2006.
24 THE PRESIDENT: All in favor
25 please signify by saying aye.
Candyco Transcription Service, Inc.
(518) 371-8910
1697
1 (Response of "Aye.")
2 THE PRESIDENT: Opposed, nay.
3 (No response.)
4 THE PRESIDENT: The resolution is
5 adopted.
6 Senator Skelos.
7 SENATOR SKELOS: Madam President,
8 would you please recognize Senator Bonacic.
9 THE PRESIDENT: Senator Bonacic.
10 SENATOR BONACIC: Thank you,
11 Madam President.
12 This is with regard to Resolution
13 4196.
14 It's with a heavy heart that I
15 stand today in support of this resolution in
16 honor of a young man who was 22 years old.
17 His name was Carlos Gonzalez, and he was from
18 my town of Mount Hope in Orange County. And
19 he was killed in Tikrit, north of Baghdad, on
20 March 16th.
21 We're here to honor him for the
22 ultimate sacrifice that he has made in
23 protecting our freedoms. Our prayers go to
24 his family -- he had a 1-year-old daughter and
25 a surviving wife and brother -- and we ask
Candyco Transcription Service, Inc.
(518) 371-8910
1698
1 that the Lord watch out for his soul.
2 Thank you, Madam President.
3 THE PRESIDENT: The resolution
4 was previously adopted.
5 Thank you, Senator Bonacic.
6 Senator Skelos.
7 SENATOR SKELOS: Madam President,
8 if we could go to the noncontroversial reading
9 of the calendar.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: Calendar Number
13 470, by Senator Spano, Senate Print 6758, an
14 act to amend the Civil Service Law and the
15 Labor Law, in relation to inclusion.
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, 54.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
1699
1 507, by Senator Seward, Senate Print 6887, an
2 act to amend the Insurance Law, in relation to
3 filing.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 54.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 559, by Senator Volker, Senate Print 1524A, an
15 act to amend the Criminal Procedure Law, in
16 relation to expanding.
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, 55.
24 THE PRESIDENT: The bill is
25 passed.
Candyco Transcription Service, Inc.
(518) 371-8910
1700
1 THE SECRETARY: Calendar Number
2 560, by Senator Volker, Senate Print 1530, an
3 act to amend the Criminal Procedure Law, in
4 relation to appeals.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 54. Nays,
12 1. Senator Duane recorded in the negative.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 563, by Senator Morahan, Senate Print 1679, an
17 act to amend the Penal Law, in relation to
18 providing.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the first of
23 November.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
1701
1 THE SECRETARY: Ayes, 55.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 569, by Senator DeFrancisco, Senate Print
6 4022, an act to amend the Criminal Procedure
7 Law, in relation to permitting.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 55.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 572, by Senator LaValle, Senate Print 6675, an
19 act to amend the Criminal Procedure Law, in
20 relation to granting.
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.
Candyco Transcription Service, Inc.
(518) 371-8910
1702
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 53. Nays,
3 2. Senators Duane and Montgomery recorded in
4 the negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 580, by Senator LaValle, Senate Print 189, an
9 act to amend the Highway Law, in relation to
10 limitations.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first of January.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 55.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 593, by Senator Spano, Senate Print 5206, an
22 act to amend the Tax Law, in relation to
23 authorizing the disclosure.
24 THE PRESIDENT: Read the last
25 section.
Candyco Transcription Service, Inc.
(518) 371-8910
1703
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 55.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 595, by Senator Farley, Senate Print 6396, an
10 act to amend the Public Officers Law, in
11 relation to the residency requirement.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 55.
19 THE PRESIDENT: The bill is
20 passed.
21 Senator Skelos, that completes the
22 reading of the calendar.
23 SENATOR SKELOS: Madam President,
24 is there any further business at the desk?
25 THE PRESIDENT: No, there is no
Candyco Transcription Service, Inc.
(518) 371-8910
1704
1 further business at the desk, Senator.
2 SENATOR SKELOS: Then if you
3 would recognize Senator Schneiderman.
4 THE PRESIDENT: Senator
5 Schneiderman.
6 SENATOR SCHNEIDERMAN: Thank you,
7 Madam President.
8 I have a motion at the desk, and I
9 would like to have it called up at this time.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: Senate Print
13 1587A, by Senator Schneiderman, an act to
14 amend the Environmental Conservation Law and
15 the State Finance Law.
16 THE PRESIDENT: Senator
17 Schneiderman.
18 SENATOR SCHNEIDERMAN: Thank you.
19 Ladies and gentlemen, the
20 legislation that I'm attempting to bring to
21 the floor by this motion, Senate Bill 1587, is
22 essentially identical to Senate Bill 2081,
23 sponsored by Senator Marcellino and sponsored
24 in the Assembly by his distinguished
25 counterpart.
Candyco Transcription Service, Inc.
(518) 371-8910
1705
1 This is legislation that is
2 absolutely critical to our state. And we have
3 an environmental problem, ladies and
4 gentlemen. We have a problem that our
5 wetlands are no longer protected. Because of
6 all the states in the Northeast, we're the
7 only ones that have not closed the loophole
8 created by a 2001 court decision that limits
9 the federal government's protection of our
10 wetlands.
11 This is a problem. This is an
12 environmental problem. But it's not an
13 environmental problem in other parts of the
14 state, it's an environmental problem in this
15 room. I say that because the Assembly has
16 acted. On March 17th, they passed a bill that
17 is identical to the legislation I'm attempting
18 to bring to the floor. The Governor has put a
19 different version of wetlands protection in
20 his own proposals, and he is willing to come
21 to the table and close this loophole. The
22 Senate is the one place we can't get this
23 passed.
24 But I would urge you that we have a
25 solution to the problem. Senator Marcellino's
Candyco Transcription Service, Inc.
(518) 371-8910
1706
1 bill has a dozen Majority sponsors on it. You
2 will see from the vote here today that my bill
3 has more than enough support in our
4 conference, so that together we could pass
5 this legislation. What we have here is a
6 simple case of the leadership needing to put
7 this bill on the floor so that wetlands of the
8 state will not continue to be destroyed.
9 Ladies and gentlemen, we heard a
10 lot about flooding earlier in this session.
11 And one of the problems with the increased
12 flooding, as recognized by every government
13 agency that's studied the issue, is the fact
14 that we're closing down wetlands. Each acre
15 of wetlands stores 1.5 million gallons of
16 floodwater.
17 One of the reasons we have
18 increased problems in our flooding areas --
19 related to, I know, problems with dams and the
20 watershed area, but in particular areas that
21 have the very same small wetlands that are no
22 longer protected since the 2001 change in the
23 law -- is right now, unless a wetland is
24 12.4 acres or larger, state law can't protect
25 it.
Candyco Transcription Service, Inc.
(518) 371-8910
1707
1 Let's close that loophole. Let's
2 protect all the wetlands of the state, as
3 every other state in the Northeast has done.
4 We're surrounded by states that have taken
5 this action. The Assembly has acted. The
6 Governor is ready to go. The environmental
7 crisis for wetlands exists solely in this
8 room.
9 Ladies and gentlemen, I urge you to
10 bring this bill to the floor. Let's vote on
11 it today. Let's vote on it later this year if
12 it doesn't pass today. But let's not finish
13 this session with the Senate being the one
14 obstacle to protecting the wetlands of our
15 state, protecting our drinking water, to
16 preventing flooding. This is not a year in
17 which we can disregard the environment any
18 longer.
19 This is a critical bill, top
20 priority for most of the environmental groups
21 in this state, and I would urge all of you to
22 vote in support of this motion and bring it to
23 the floor.
24 Thank you.
25 THE PRESIDENT: All those
Candyco Transcription Service, Inc.
(518) 371-8910
1708
1 Senators in favor of the petition out of
2 committee please signify by raising your
3 hands.
4 THE SECRETARY: Those recorded in
5 agreement are Senators Andrews, Breslin,
6 Coppola, Diaz, Dilan, Duane, Gonzalez, Klein,
7 L. Krueger, Montgomery, Onorato, Parker,
8 Paterson, Sabini, Sampson, Savino,
9 Schneiderman, Serrano, A. Smith, M. Smith,
10 Stachowski, and Stavisky.
11 THE PRESIDENT: The petition is
12 not agreed to.
13 Senator Skelos.
14 SENATOR SKELOS: Madam President,
15 could you please recognize Senator Gonzalez.
16 THE PRESIDENT: Senator Gonzalez.
17 SENATOR GONZALEZ: Thank you,
18 Madam President.
19 There will be a meeting of the
20 Minority conference tomorrow, Wednesday,
21 March 29th, 11:00 a.m., Room 315.
22 THE PRESIDENT: There will be a
23 meeting of the Minority conference on
24 Wednesday, March 29th, at 11:00 a.m.,
25 Room 315.
Candyco Transcription Service, Inc.
(518) 371-8910
1709
1 SENATOR GONZALEZ: Thank you.
2 THE PRESIDENT: Senator Skelos.
3 SENATOR SKELOS: Madam President,
4 we are all smiling today because Senator
5 Marchi is sitting in that esteemed chair once
6 again, making sure that we have a great budget
7 for the people of the State of New York.
8 Senator Marchi, welcome back.
9 (Extended applause.)
10 THE PRESIDENT: To give Senator
11 Marchi his due respect, the pastor who gave
12 the invocation mentioned, when he came up, the
13 degree of camaraderie in the room. And what
14 he was observing was our welcome back of you,
15 Senator Marchi.
16 So there is a lot of love and
17 respect for you in the Senate. Welcome home.
18 Senator Skelos.
19 SENATOR SKELOS: There will be an
20 11:00 a.m. conference of the Majority
21 tomorrow, Wednesday.
22 And there being no further business
23 to come before the Senate, I move we stand
24 adjourned until Wednesday, March 29th, at
25 12:00 noon.
Candyco Transcription Service, Inc.
(518) 371-8910
1710
1 THE PRESIDENT: There will be a
2 conference of the Majority tomorrow,
3 Wednesday, March 29th, at 11:00 a.m.
4 There being no further business,
5 the Senate now stands adjourned until
6 Wednesday, March 29th, at 12:00 noon.
7 (Whereupon, at 3:47 p.m., the
8 Senate adjourned.)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910