Tuesday, March 28, 2006

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

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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: 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

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(518) 371-8910 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,

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(518) 371-8910 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.

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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 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

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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.)

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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 5 569, 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.

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(518) 371-8910 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.

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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, 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

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910 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.

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(518) 371-8910 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.

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(518) 371-8910 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

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(518) 371-8910