Wednesday, February 9, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 9, 2005 11 11:20 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR RAYMOND A. MEIER, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910 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.

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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.

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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.

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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.

Candyco Transcription Service, Inc.

(518) 371-8910 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.")

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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.

Candyco Transcription Service, Inc.

(518) 371-8910 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

Candyco Transcription Service, Inc.

(518) 371-8910 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.

Candyco Transcription Service, Inc.

(518) 371-8910 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.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Intervening days will be legislative days. 2 (Whereupon, at 11:44 a.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910