Monday, April 18, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 18, 2005 11 3:08 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. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: At the request of 15 Senator Parker, we do have someone with us who 16 would like to give the invocation: Reverend 17 Pastor William Hooper, from New Wine Christian 18 Center Church in York, Pennsylvania. 19 REVEREND HOOPER: Father, we 20 thank You for this hour You have given us. We 21 thank You for Your love, for Your mercy, and 22 for Your grace. 23 We ask, Father, that You would give 24 this body the wisdom and understanding to 25 conduct the business that will make this

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(518) 371-8910 1 nation a great nation. 2 We ask, Father, that each one here 3 will understand and know that there is none 4 greater than You. But because You love us, 5 You will pass Your love and Your mercy and 6 Your grace onto us. 7 Bless this congregation, bless this 8 gathering, and that they may be a blessing for 9 this state. In Jesus' name, amen. 10 THE PRESIDENT: Reading of the 11 Journal. 12 THE SECRETARY: In Senate, 13 Sunday, April 17, the Senate met pursuant to 14 adjournment. The Journal of Saturday, 15 April 16, was read and approved. On motion, 16 Senate adjourned. 17 THE PRESIDENT: Without 18 objection, the Journal stands approved as 19 read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from

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(518) 371-8910 1 state officers. 2 Motions and resolutions. 3 Senator Fuschillo. 4 SENATOR FUSCHILLO: Madam 5 President, on behalf of Senator Marcellino, I 6 wish to call up Senate Print Number 741, 7 recalled from the Assembly, which is now at 8 the desk. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 176, by Senator Marcellino, Senate Print 741, 13 an act to amend the Vehicle and Traffic Law. 14 THE PRESIDENT: Could we please 15 have order in the chamber, please. 16 SENATOR FUSCHILLO: I now move to 17 reconsider the vote by which the bill was 18 passed and ask that the bill be restored to 19 the order of third reading. 20 THE PRESIDENT: I'm going to have 21 to ask again that individuals take their 22 conversations out of the chamber. Thank you. 23 Go ahead, Senator Fuschillo. 24 SENATOR FUSCHILLO: Madam 25 President, thank you.

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(518) 371-8910 1 I now move to reconsider the vote 2 by which the bill was passed and ask that said 3 bill be restored to the order of third 4 reading. 5 THE PRESIDENT: The Secretary 6 will call the roll upon reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 45. 9 SENATOR FUSCHILLO: I now move to 10 recommit Senate Print Number 741, Calendar 11 Number 176 on the order of third reading, to 12 the Committee on Transportation, with 13 instructions to strike the enacting clause. 14 THE PRESIDENT: So ordered. 15 SENATOR FUSCHILLO: Okay. Thank 16 you. 17 Madam President, on behalf of 18 Senator Little, I move to commit Senate Print 19 Number 2847, Calendar Number 569 on the order 20 of first report, to the Committee on Finance. 21 THE PRESIDENT: So ordered. 22 SENATOR FUSCHILLO: Madam 23 President, on behalf of Senator LaValle, on 24 page number 14 I offer the following 25 amendments to Calendar Number 203, Senate

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(518) 371-8910 1 Print Number 685, and ask that said bill 2 retain its place on Third Reading Calendar. 3 THE PRESIDENT: The amendments 4 are received, and the bill will retain its 5 place on the Third Reading Calendar. 6 SENATOR FUSCHILLO: Madam 7 President, on behalf of Senator Wright, on 8 page number 22 I offer the following 9 amendments to Calendar Number 373, Senate 10 Print Number 3244, and ask that said bill 11 retain its place on Third Reading Calendar. 12 THE PRESIDENT: The amendments 13 are received, and the bill will retain its 14 place on the Third Reading Calendar. 15 SENATOR FUSCHILLO: Madam 16 President, on behalf of Senator Spano, on 17 page number 35 I offer the following 18 amendments to Calendar Number 537, Senate 19 Print Number 3979, and ask that said bill 20 retain its place on Third Reading Calendar. 21 THE PRESIDENT: Those amendments 22 are received, and that bill will retain its 23 place on the Third Reading Calendar. 24 SENATOR FUSCHILLO: Thank you. 25 THE PRESIDENT: Thank you,

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(518) 371-8910 1 Senator Fuschillo, for your patience. 2 Senator Skelos. 3 SENATOR SKELOS: Madam President, 4 I believe there's a substitution at the desk. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: On page 25, 8 Senator Spano moves to discharge, from the 9 Committee on Crime Victims, Crime and 10 Correction, Assembly Bill Number 1236 and 11 substitute it for the identical Senate Bill 12 Number 3124, Third Reading Calendar 418. 13 THE PRESIDENT: Substitution 14 ordered. 15 Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 there's a Resolution 1460 at the desk by 18 Senator Libous. If we could have it read in 19 its entirety and move for its immediate 20 adoption. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator 24 Libous, Legislative Resolution Number 1460, 25 congratulating the Seton Catholic Central

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(518) 371-8910 1 Girls Basketball Team and Coach Colleen Jayne 2 upon the occasion of capturing the Class C 3 Championship. 4 "WHEREAS, Excellence and success in 5 competitive sports can be achieved only 6 through strenuous practice, team play and team 7 spirit, nurtured by dedicated coaching and 8 strategic planning; and 9 "WHEREAS, Athletic competition 10 enhances the moral and physical development of 11 the young people of this state, preparing them 12 for the future by instilling in them the value 13 of teamwork, encouraging a standard of healthy 14 living, imparting a desire for success and 15 developing a sense of fair play and 16 competition; and 17 "WHEREAS, This Legislative Body is 18 justly proud to congratulate the Seton 19 Catholic Central Girls Basketball Team and 20 Coach Colleen Jayne upon the occasion of 21 capturing the Class C Championship; and 22 "WHEREAS, The Seton Catholic 23 Central Girls Basketball Team won its first 24 girls basketball state championship with a 25 48-40 overtime victory against Brushton-Moira

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(518) 371-8910 1 in the Class C finals at Hudson Valley 2 Community College. The team finished its 3 season with a 16-8 record; and 4 "WHEREAS, Claudia Mazza remarkably 5 scored five points in the waning seconds of 6 regulation to force the game into overtime. 7 She then added five additional points in the 8 extra period to boost her game-high total to 9 15; and 10 "WHEREAS, With the shot clock 11 winding down and her team in need, Deirdre 12 Torto sunk her third three-pointer of the game 13 with just 1:24 remaining in overtime, to put 14 the game out of reach for the opposition; and 15 "WHEREAS, The athletic talent 16 displayed by this team is due in great part to 17 the efforts of Coach Colleen Jayne, a skilled 18 and inspirational tutor, respected for her 19 ability to develop potential into excellence; 20 and 21 "WHEREAS, The hallmarks of the 22 Seton Catholic Central Girls Basketball Team, 23 from the opening game of the season to 24 participation in the championship, were a 25 sisterhood of athletic ability, of good

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(518) 371-8910 1 sportsmanship, of honor and of scholarship, 2 demonstrating that these team players are 3 second to none; and 4 "WHEREAS, Sports competition 5 instills the values of teamwork, pride and 6 accomplishment, and Coach Colleen Jayne and 7 her outstanding athletes have clearly made a 8 contribution to the spirit of excellence which 9 is a tradition of their school; now, 10 therefore, be it 11 "RESOLVED, That this Legislative 12 Body pause in its deliberations to 13 congratulate the Seton Catholic Central Girls 14 Basketball Team, its members -- Megan 15 Bellingham, Kate Canny, Allison Curley, Katie 16 Egitto, Elizabeth Fox, Ellie Garbade, Betsy 17 Lane, Claudia Mazza, Anna McGoff, Amy Miller, 18 Milissa Miller, Kelsey Myette, Suzy Precopio, 19 Colleen Regan, Claire Salamida and Deirdre 20 Torto -- and Coach Colleen Jayne on their 21 outstanding season and overall team record; 22 and be it further 23 "RESOLVED, That copies of this 24 resolution, suitably engrossed, be transmitted 25 to the Seton Catholic Central Girls Basketball

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(518) 371-8910 1 Team and to Coach Colleen Jayne." 2 THE PRESIDENT: Senator Libous. 3 SENATOR LIBOUS: Thank you, Madam 4 President. 5 It is indeed an honor for me to 6 rise today to honor the Seton Catholic Central 7 Girls Basketball Team. They are with us 8 today, along with the principal of the school, 9 Kathleen Dwyer, Coach Colleen Jayne, as was 10 mentioned, assistant coaches, and a few 11 parents. 12 Senator Little tells me that the 13 name of the team that they beat was 14 Brushton-Moira. Moe-ira is the proper 15 pronunciation. 16 And it was quite a championship 17 game, actually. Seton was seeded the fifth 18 team in the tournament, and they weren't 19 expected to win. As I mentioned in talking to 20 the girls earlier, I am quite proud of their 21 16 and 8 record. They don't like me to 22 mention the eight losses. But usually it's 23 out of defeat and strength and opportunity, 24 and that strength and opportunity came, and 25 I'm sure that they learned from those eight

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(518) 371-8910 1 losses and won a championship that they 2 weren't supposed to win. 3 As mentioned in the reading of the 4 resolution, Claudia Mazza was remarkable, in 5 scoring five points in the remaining seconds 6 of regulation, to force the game into 7 overtime. They had to go into that extra 8 period. And then she added an additional five 9 points, and then Deirdre Torto sank her third 10 three-pointer to ice the game for Seton. 11 And when I asked earlier and met 12 with the ladies and asked them who was the 13 star of the team, they referenced to me that 14 there was no one star, that they were a team 15 and that they played together. And that's, 16 Madam President, what brought the championship 17 trophy to this group. 18 They are a remarkable group. I had 19 fun with them earlier. They had lunch, we 20 brought them to the office, we talked about 21 different things about state government. One 22 of the players asked me -- and maybe some of 23 the colleagues could help -- they asked me 24 what we did all day as senators. And after I 25 fumbled and stuttered a little bit, I tried to

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(518) 371-8910 1 explain what our role was here in the State 2 Legislature. 3 But we back home are very, very 4 proud of this team. They showed great 5 discipline, perseverance. 6 And certainly it is a great 7 honor -- and it's been noted by Senator Bruno, 8 who has honored a number of state champions 9 from his district over the years, that the 10 nice thing about this is that your names, as 11 read today, are going to be etched in the 12 record here at the State Senate. 13 It goes into the record and, you 14 know, years from now it can be looked upon 15 that when you have children and grandchildren, 16 they can go into the record of the State 17 Senate and on this day see that each of you 18 were honored, you were honored for being state 19 champions, and that each of your names were 20 recognized on the floor of the Senate. 21 So, Madam President, as I said, it 22 is a great honor for me to have them here, and 23 I would ask my colleagues to join me in 24 honoring the Class C girls basketball 25 champions for the state, Seton Catholic

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(518) 371-8910 1 Central. 2 THE PRESIDENT: On the 3 resolution, all in favor please signify by 4 saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: Opposed, nay. 7 (No response.) 8 THE PRESIDENT: The resolution is 9 adopted. 10 Congratulations and best wishes for 11 similar success along the way. 12 (Applause.) 13 THE PRESIDENT: Senator Skelos. 14 SENATOR SKELOS: Thank you, Madam 15 President. If we could go to the 16 noncontroversial reading of the calendar. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Calendar Number 20 224, by Senator Meier, Senate Print 2521A, an 21 act in relation to adjusting certain state aid 22 payments. 23 THE PRESIDENT: There is a local 24 fiscal impact note at the desk. 25 Read the last section.

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(518) 371-8910 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, 56. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 316, by Senator LaValle, Senate Print 2963, an 10 act to amend the General Business Law, in 11 relation to prohibiting persons. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 30th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 374, by Senator Little, Senate Print 3247, an 23 act to amend the Civil Service Law, in 24 relation to providing for binding arbitration. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 377, by Senator Fuschillo, Senate Print 1430A, 11 an act to authorize the French Speaking 12 Baptist Church to retroactively apply. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 56. Nays, 20 1. Senator Bonacic recorded in the negative. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 431, by Senator Saland, Senate Print 3165A, an 25 act to amend the Education Law, in relation to

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(518) 371-8910 1 immunizations. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the same date and in 6 the same manner as Chapter 477 of the laws of 7 2004. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 440, by Senator Robach, Senate Print 3639, an 15 act to amend the Retirement and Social 16 Security Law and the General Municipal Law, in 17 relation to certain impairments. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 443, by Senator Maziarz, Senate Print 3381, an 4 act to amend the Labor Law, in relation to 5 requiring prevailing wages. 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, 57. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 453, by Senator Golden, Senate Print 1826, an 17 act to amend the Penal Law, in relation to 18 establishing the crime of criminal neglect. 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, 57. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 454, by Senator Golden, Senate Print 1827, an 6 act to amend the Penal Law, in relation to 7 financial exploitation of the elderly. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the first of 12 November. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 457, by Senator Skelos, Senate Print 2391, an 20 act to amend the Penal Law, in relation to 21 causing the false report. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 4. 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. Nays, 4 1. Senator Montgomery recorded in the 5 negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 477, by Senator Johnson -- 10 SENATOR SKELOS: Lay it aside for 11 the day, please. 12 THE PRESIDENT: The bill is laid 13 aside for the day. 14 THE SECRETARY: Calendar Number 15 478, by Senator Nozzolio, Senate Print 1567, 16 an act to amend the Vehicle and Traffic Law, 17 in relation to allowing. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 498, by Senator Winner, Senate Print 2438, an 4 act to amend the Tax Law, in relation to sales 5 and compensating use taxes. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 525, by Senator Balboni, Senate Print 2579, an 17 act to authorize the Village of Floral Park to 18 file an application. 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, 56. Nays,

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(518) 371-8910 1 1. Senator Bonacic recorded in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 Senator Skelos, that completes the 5 noncontroversial reading of the calendar. 6 SENATOR SKELOS: Thank you, Madam 7 President. 8 I don't believe there's a 9 controversial reading. So what we will be 10 doing, there's going to be an immediate 11 meeting of the Rules Committee in the Majority 12 Conference Room. The Rules Committee report 13 will be brought back to the floor, which will 14 be accepted, and then there will be a motion 15 to petition a bill out of committee. 16 So there will be an immediate 17 meeting of the Rules Committee in the Majority 18 Conference Room. 19 THE PRESIDENT: There will be an 20 immediate meeting of the Rules Committee in 21 the Majority Conference Room. 22 The Senate stands at ease. 23 (Whereupon, the Senate stood at 24 ease at 3:26 p.m.) 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 3:42 p.m.) 2 THE PRESIDENT: Senator Skelos. 3 SENATOR SKELOS: If we could 4 return to reports of standing committees, I 5 believe there's a report of the Rules 6 Committee at the desk. I ask that it be read. 7 THE PRESIDENT: Reports of 8 standing committees. 9 The Secretary will read. 10 THE SECRETARY: Senator Bruno, 11 from the Committee on Rules, reports the 12 following bills: 13 Senate Print 4583, by Senator 14 Meier, an act to amend Chapter 58 of the Laws 15 of 2005; 16 And Senate Print 4584, by Senator 17 Marcellino, an act to amend the Vehicle and 18 Traffic Law. 19 Both bills ordered direct to third 20 reading. 21 THE PRESIDENT: Senator Skelos. 22 SENATOR SKELOS: Move to accept 23 the report of the Rules Committee. 24 THE PRESIDENT: All in favor of 25 accepting the report of the Rules Committee

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(518) 371-8910 1 please signify by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: The report is 6 accepted. 7 Senator Skelos. 8 SENATOR SKELOS: Madam President, 9 is there any housekeeping at the desk? 10 THE PRESIDENT: No, there isn't, 11 Senator. 12 Oh, excuse me, an updated report. 13 There is some housekeeping. 14 Senator Farley. 15 SENATOR FARLEY: Thank you, Madam 16 President. 17 THE PRESIDENT: You're welcome. 18 SENATOR FARLEY: A little 19 housekeeping here. 20 On behalf of Senator Volker, I wish 21 to call up his bill, Senate Print 877, which 22 was recalled from the Assembly, and it's now 23 at the desk. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 449, by Senator Volker, Senate Print 877, an 3 act to amend the Criminal Procedure Law. 4 SENATOR FARLEY: Madam President, 5 I now move to reconsider the vote by which 6 this bill passed. 7 THE PRESIDENT: The Secretary 8 will call the roll upon reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 SENATOR FARLEY: I now offer the 12 following amendments. 13 THE PRESIDENT: The amendments 14 are received, Senator. 15 Senator Skelos. 16 SENATOR SKELOS: I believe 17 Senator Valesky has a motion. 18 THE PRESIDENT: Senator Valesky. 19 SENATOR VALESKY: Thank you, 20 Madam President. 21 I do have a motion at the desk. I 22 would 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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(518) 371-8910 1 Number 2956, by Senator Valesky, an act to 2 amend the Military Law. 3 THE PRESIDENT: Senator Valesky. 4 SENATOR VALESKY: Thank you, 5 Madam President. 6 THE PRESIDENT: You're welcome. 7 SENATOR VALESKY: At last count 8 the State of New York had over 5,500 9 active-duty National Guard members serving in 10 combat, in faraway places like Iraq and 11 Afghanistan, in the War on Terror. 12 I believe we owe it to these 13 individuals, who are placing their lives on 14 the line in defense of this nation and in 15 defense of the freedoms and the democracy that 16 we enjoy here, we in the State of New York owe 17 it to them and to their families to take the 18 kinds of actions, as this Legislature has done 19 in the past, to continue to provide for their 20 well-being. 21 There will be those of those 22 active-duty National Guard members who 23 unfortunately will not be returning; they will 24 pay the ultimate sacrifice. And when they do 25 that, they often leave spouses, children and

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(518) 371-8910 1 others behind. And this bill, Senate Bill 2 2956, I believe would go a long way toward 3 providing some financial stability for their 4 families. 5 It does two things, very simply. 6 First of all, it would create a life insurance 7 policy in the amount of $350,000. 8 Now, as many of you may know, the 9 federal government, since 1908, has provided a 10 death benefit for those military personnel 11 killed in combat. Unfortunately, that stands 12 at only a little over $12,000. And while 13 there are efforts underway at the federal 14 level, I believe it's prudent for us to place 15 into New York statute a $350,000 life 16 insurance policy paid for by the State of the 17 New York for these members of the New York 18 National Guard. 19 Second, it also allows those 20 New Yorkers who wish to contribute to members 21 of the military and their families a way to do 22 so, by creating an income-tax checkoff to 23 allow them to fund and be financially 24 supportive of active-duty members and their 25 families.

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(518) 371-8910 1 We utilize this in the State of 2 New York for a number of worthy causes, and I 3 think it makes a lot of sense to add to that 4 list an income-tax checkoff opportunity for 5 the citizens of New York State to express 6 their gratitude and their appreciation and 7 their support of our military men and women. 8 So, Madam President, I ask that 9 Senate Bill 2956 be reported out of committee 10 and to the floor, and I encourage my 11 colleagues to support the motion. 12 Thank you. 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 Breslin, Brown, Dilan, 19 Duane, Gonzalez, Hassell-Thompson, Klein, 20 L. Krueger, C. Kruger, Montgomery, Onorato, 21 Oppenheimer, Parker, Paterson, Sabini, Savino, 22 Serrano, A. Smith, M. Smith, Stachowski, 23 Stavisky and Valesky. 24 THE PRESIDENT: The petition is 25 not agreed to.

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(518) 371-8910 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 Tuesday, April 19th, at 3:00 p.m. 6 THE PRESIDENT: There being no 7 further business, on motion, the Senate stands 8 adjourned until Tuesday, April 19th, 3:00 p.m. 9 (Whereupon, at 3:48 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910