Tuesday, March 1, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 1, 2005 11 3:15 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

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(518) 371-8910 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: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Monday, February 28, the Senate met pursuant 18 to adjournment. The Journal of Sunday, 19 February 27, was read and approved. On 20 motion, Senate adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(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: Madam President, 9 I believe I have a privileged resolution at 10 the desk. I would ask that it be read in its 11 entirety and move for its immediate adoption. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: By Senator Bruno, 15 Legislative Resolution Number 510, honoring 16 Elizabeth Day upon the occasion of her 17 selection as New York State Teacher of the 18 Year for 2005. 19 "WHEREAS, It is the sense of this 20 Legislative Body to commend the efforts of 21 those individuals in the teaching profession 22 who distinguish themselves in their dedication 23 and commitment to their students; and 24 "WHEREAS, Attendant to such 25 concern, and in full accord with its

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(518) 371-8910 1 long-standing traditions, this Legislative 2 Body is justly proud to honor Elizabeth Day 3 upon the occasion of her selection as New York 4 State Teacher of the Year for 2005 by the New 5 York State Education Department. Chosen to 6 represent New York State's educators, her 7 yearlong reign began September 1, 2004; and 8 "WHEREAS, A native of 9 Mechanicville, and herself a product of its 10 outstanding school system, Elizabeth Day has 11 taught in the Mechanicville City School 12 District for the past 27 years. This 13 exceptional mentor takes great pride in 14 teaching sixth grade in the state's smallest 15 city, located in Saratoga County; and 16 "WHEREAS, After graduating from 17 Siena College in 1976, Elizabeth Day pursued 18 her graduate degree and earned her Master's in 19 Special Education and Elementary Education 20 from the College of St. Rose. In the fall of 21 1978, she began her illustrious teaching 22 career in the Mechanicville school system; and 23 "WHEREAS, Elizabeth Day recently 24 traveled to Dallas, Texas, where she was 25 presented with a Teaching Excellence Award by

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(518) 371-8910 1 the SMARTer Kids Foundation. Moreover, 2 arrangements have been made to meet with 3 President George W. Bush in the White House 4 Rose Garden later in the year; and 5 "WHEREAS, The future success of our 6 state and nation is dependent upon individuals 7 such as Elizabeth Day, who dedicate their 8 lives as educators, nurturing our most 9 precious resource, our youth; and 10 "WHEREAS, Throughout her career 11 thus far, Elizabeth Day has brought an 12 uncompromising standard of excellence to her 13 work and a warm sense of caring and concern to 14 every young person she educates; now, 15 therefore, be it 16 "RESOLVED, That this Legislative 17 Body pause in its deliberations to honor 18 Elizabeth Day upon the occasion of her 19 selection as New York State Teacher of the 20 Year for 2005; and be it further 21 "RESOLVED, That a copy of this 22 resolution, suitably engrossed, be transmitted 23 to Elizabeth Day." 24 THE PRESIDENT: Senator Bruno. 25 SENATOR BRUNO: Thank you, Madam

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(518) 371-8910 1 President and colleagues. 2 You have just heard a resolution 3 recognizing teacher Elizabeth Day. And I'm 4 proud to stand, because Elizabeth is one of my 5 constituents. And I'm as proud as I can be. 6 Elizabeth, I know your mom is there 7 with you, Claire, and she's proud; and your 8 Aunt Teresa and your husband, John. Your 9 family, your friends, the entire community, 10 the Senate recognizes your achievements. 11 Now, you think about becoming the 12 Teacher of the Year among all of the teachers 13 in New York State. Twenty-seven years, 14 Elizabeth, in Mechanicville, one of the 15 smallest cities in New York State. Grew up 16 there, went to school, where she now teaches 17 sixth grade and is teaching with some of her 18 teachers and her students, neighbors, friends. 19 That is quite an achievement in 20 your early life. And you have a lot more 21 years to be of service. You're really a role 22 model for teachers and for students and for 23 anyone in life where it's so important to 24 excel. 25 "Never accept less than your best."

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(518) 371-8910 1 That's what Elizabeth puts on her board every 2 day that she teaches. Never accept less than 3 your best. Think of that life lesson for a 4 young person. Think about a life lesson for 5 ourselves, never accepting less than your 6 best. 7 I want to say thank you. Thank you 8 for your service, thank you for what you do 9 for young people, where you touch their lives, 10 not just presently but in the future, and you 11 enrich their lives. 12 So we say we're proud here in this 13 chamber. And the resolution that you've heard 14 read will become part of the records of 15 New York State by number, so that children, 16 grandchildren, friends 20, 30, 50 years from 17 now can call that resolution up and read the 18 chronicle of what you have achieved in your 19 life. 20 So congratulations to you, and God 21 bless you and your family. 22 Thank you, Madam President. 23 THE PRESIDENT: The question is 24 on the resolution. All in favor please 25 signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 THE PRESIDENT: Opposed, nay. 3 (No response.) 4 THE PRESIDENT: The resolution is 5 adopted. 6 (Applause.) 7 THE PRESIDENT: Also, I would 8 like to offer my congratulations. I was a 9 teacher for a decade, my first career out of 10 college, and I know how challenging especially 11 the middle-school level can be. 12 But no career could be more 13 important or more worthwhile than what you're 14 doing. I'm pleased to see you getting the 15 recognition you deserve. Best wishes for 16 continued success. 17 Senator Bruno. 18 SENATOR BRUNO: Madam President, 19 we are graced by the presence of the Speaker 20 of the New York City Council, Gifford Miller, 21 who I believe is the youngest -- 22 (Applause.) 23 SENATOR BRUNO: And, Madam 24 President, I believe that there is a 25 resolution at the desk by Senator Little. I

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(518) 371-8910 1 would ask that the title be read and move for 2 its immediate adoption. 3 THE PRESIDENT: The Secretary 4 will read. 5 SENATOR BRUNO: Madam President, 6 can we temporarily lay that resolution aside. 7 And we'll take up the noncontroversial reading 8 of the calendar. 9 THE PRESIDENT: The resolution is 10 temporarily laid aside. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 27, by Senator Balboni, Senate Print 179A, an 14 act to amend the Executive Law, in relation to 15 local disaster preparedness plans. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 4. This 19 act shall take effect on the first of June. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 53. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 48, by Senator Little, Senate Print 738A, an 2 act to amend the General Business Law, in 3 relation to reducing the period. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the same date and in 8 the same manner as Chapter 635 of the Laws of 9 2004. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 53. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 61, by Senator Marcellino, Senate Print 632, 17 an act to amend the Environmental Conservation 18 Law, in relation to management of wildlife 19 resources. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 6. This 23 act shall take effect on the first of January. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 54. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 74, by Senator LaValle, Senate Print 557, an 6 act to amend the Education Law -- 7 SENATOR SCHNEIDERMAN: Lay it 8 aside. 9 THE PRESIDENT: The bill is laid 10 aside. 11 THE SECRETARY: Calendar Number 12 76, by Senator DeFrancisco, Senate Print 41, 13 an act to amend the Surrogate's Court 14 Procedure Act, in relation to computation. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of January. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 53. Nays, 22 1. Senator Padavan recorded in the negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 81, by Senator Marchi, Senate Print 1417, an 2 act to amend the Judiciary Law and the 3 Education Law, in relation to creating. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 7. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 55. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 93, by Senator Larkin, Senate Print 78, an act 15 to amend the Civil Practice Law and Rules, in 16 relation to authorizing. 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, 55. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 97, by Senator Trunzo, Senate Print 851, an 3 act to amend the Penal Law, in relation to 4 prohibiting stalking by technological means. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the first of 9 November. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 99, by Senator Volker, Senate Print 880, an 17 act to amend the Criminal Procedure Law, in 18 relation to receiving. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 55. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 123, by Senator Robach, Senate Print 2165, an 6 act to amend the Retirement and Social 7 Security Law, in relation to the extension of 8 temporary benefits. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 5. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 55. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 124, by Senator Robach, Senate Print 2182, an 20 act to amend the Retirement and Social 21 Security Law, in relation to membership. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. 4 THE PRESIDENT: The bill is 5 passed. 6 Senator Skelos, that completes the 7 noncontroversial reading of the calendar. 8 SENATOR SKELOS: Thank you, Madam 9 President. If we could go to the 10 controversial reading of the calendar. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 74, by Senator LaValle, Senate Print 557, an 15 act to amend the Education Law. 16 SENATOR SCHNEIDERMAN: 17 Explanation. 18 THE PRESIDENT: Senator LaValle, 19 an explanation has been requested. 20 SENATOR LaVALLE: Madam 21 President, this is legislation that this house 22 passed last year. It's sponsored by 23 Assemblyman Schimminger in the Assembly. 24 And it really requires new public 25 policy for our Board of Regents, the State

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(518) 371-8910 1 University Board of Trustees, and the City 2 University Board of Trustees to attach, where 3 appropriate, where there are fiscal 4 implications, a fiscal note, so that we and 5 the general public will understand that when 6 they make policy decisions and there are 7 fiscal implications, we will know what those 8 fiscal implications are. 9 It is consistent with what we do in 10 the Legislature to attach fiscal notes to 11 legislation. 12 THE PRESIDENT: Does any member 13 wish to be heard? 14 Then the debate is closed. 15 The Secretary will ring the bell. 16 Senator Skelos. 17 SENATOR SKELOS: Announce the 18 results, please. 19 THE PRESIDENT: We have to read 20 the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 74 are 4 Senators Andrews, Hassell-Thompson, and 5 Montgomery. 6 Absent from voting on Calendar 7 Number 74, Senator Hannon. 8 Ayes, 54. Nays, 3. 9 THE PRESIDENT: The bill is 10 passed. 11 Senator Skelos. 12 SENATOR SKELOS: Madam President, 13 if we could turn to motions and resolutions, I 14 believe there's a resolution at the desk by 15 Senator Little. If we could have the title 16 read and move for its immediate adoption. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: By Senator 20 Little, Legislative Resolution Number 588, 21 paying tribute to the life and accomplishments 22 of Lucy Beaman Hobbs Taylor, the first woman 23 to graduate from a recognized dental college. 24 THE PRESIDENT: Senator Little. 25 SENATOR LITTLE: Thank you, Madam

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(518) 371-8910 1 President. 2 This is a resolution in honor of 3 Lucy Beaman Hobbs Taylor, who was born in the 4 small town of Ellenburg, in Clinton County, 5 New York, in my district, in 1833. 6 This is a woman who paved the way 7 for women to attend dental school. After 8 being a teacher and trying to get into medical 9 school, Lucy Hobbs decided to become a 10 dentist -- 11 THE PRESIDENT: I ask, please, 12 for order. 13 Thank you. 14 Senator Little, please proceed. 15 SENATOR LITTLE: However, being 16 that there were no female dentists at the time 17 and they were not allowed to go to dental 18 school, she continued to try to get into 19 dental school and worked for a dentist in 20 Iowa. 21 It's interesting that the American 22 Dental Convention decided and said that they 23 would boycott any dental school that did not 24 admit her. So she was finally admitted to 25 dental school.

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(518) 371-8910 1 And as a result of her paving the 2 way, over half the people today in dental 3 school are women. 4 The reason that we would like to 5 honor her is because we'd like to bring her 6 story to the forefront in the hopes that she 7 will be admitted to the Women's Hall of Fame 8 in Seneca Falls this year. 9 Lucy Beaman Hobbs Taylor will be 10 honored this year as one of our Historic Women 11 of Distinction. And I'm very proud to speak 12 on her behalf since she was born in my 13 district in, as I said, Ellenburg, New York, 14 Clinton County. 15 Thank you. And we would open it 16 up. 17 THE PRESIDENT: Any member who 18 does not want to sponsor this resolution, 19 please notify the desk. 20 All in favor of the resolution 21 please signify by saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Opposed, nay. 24 (No response.) 25 THE PRESIDENT: The resolution is

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(518) 371-8910 1 adopted. 2 Senator Skelos. 3 SENATOR SKELOS: Is there any 4 further business to come before the Senate? 5 THE PRESIDENT: No, there isn't, 6 Senator. 7 SENATOR SKELOS: There being no 8 further business to come before the Senate, I 9 move we stand adjourned until Wednesday, 10 March 2nd, at 11:00 a.m. 11 THE PRESIDENT: On motion, the 12 Senate stands adjourned until Wednesday, 13 March 2nd, 11:00 a.m. 14 (Whereupon, at 3:38 p.m., the 15 Senate adjourned.) 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910