Feb 4,2008

Top of Form 1
Date: 02/04/2008
Session: Regular
236
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 February 4, 2008
11 3:06 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.

(518) 371-8910
237
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will 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 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I would ask that we bow our
11 heads for a moment of silent prayer.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT GRIFFO: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Friday, February 1, the Senate met pursuant to
18 adjournment. The Journal of Thursday,
19 January 31, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT GRIFFO: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.

(518) 371-8910
238
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 Farley.
8 SENATOR FARLEY: Thank you,
9 Mr. President.
10 On behalf of Senator Saland, on
11 page 14 I offer the following amendments to
12 Calendar Number 32, Senate Print 1073, and I
13 ask that that bill retain its place on the
14 Third Reading Calendar.
16 amendments are received and adopted, and the
17 bill will retain its place on the Third
18 Reading Calendar.
19 Senator Farley.
20 SENATOR FARLEY: Mr. President, I
21 now move that the following bill be discharged
22 from its respective committee and be
23 recommitted with instructions to strike the
24 enacting clause. That's Senator Lanza's bill,
25 Print Number 5941.

(518) 371-8910
239
1 ACTING PRESIDENT GRIFFO: So
2 ordered.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President, I
5 believe there's a substitution at the desk, if
6 we could make it at this time.
8 Secretary will read.
9 THE SECRETARY: On page 19,
10 Senator Marcellino moves to discharge, from
11 the Committee on Environmental Conservation,
12 Assembly Bill Number 9462 and substitute it
13 for the identical Senate Bill Number 6503,
14 Third Reading Calendar 101.
15 ACTING PRESIDENT GRIFFO:
16 Substitution ordered.
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 there is a resolution at the desk by Senator
20 Nozzolio, 4170. If we could have it read in
21 its entirety at this time.
24 THE SECRETARY: By Senator
25 Nozzolio, Legislative Resolution Number 4170,

(518) 371-8910
240
1 congratulating the Red Creek High School Boys
2 Soccer Team and Coach Donald J. Hartley upon
3 the occasion of capturing the 2007 New York

4 State Class C Championship.
5 "WHEREAS, Excellence and success in
6 competitive sports can be achieved only
7 through strenuous practice, team play and team
8 spirit, nurtured by dedicated coaching and
9 strategic planning; and
10 "WHEREAS, Athletic competition
11 enhances the moral and physical development of
12 the young people of this state, preparing them
13 for the future by instilling in them the value
14 of teamwork, encouraging a standard of healthy
15 living, imparting a desire for success, and
16 developing a sense of fair play and
17 competition; and
18 "WHEREAS, The Red Creek High School
19 Boys Soccer Team defeated Marathon High
20 School, 3-1, to capture the 2007 New York
21 State Class C Championship and its second
22 title in three years; and
23 "WHEREAS, The athletic talent
24 displayed by this team is due in great part to
25 the efforts of Head Coach Donald J. Hartley

(518) 371-8910
241
1 and Assistant Coach David Gregg, skilled and
2 inspirational tutors, respected for their
3 ability to develop potential into excellence;
4 and
5 "WHEREAS, The team's overall record
6 is outstanding, and the team members were

7 loyally and enthusiastically supported by
8 family, fans, friends and the community at
9 large; and
10 "WHEREAS, The hallmarks of the Red
11 Creek High School Boys Soccer Team, from the
12 opening game of the season to participation in
13 the championship, were a brotherhood of
14 athletic ability, of good sportsmanship, of
15 honor, and of scholarship, demonstrating that
16 these team players are second to none; and
17 "WHEREAS, Head Coach Donald J.
18 Hartley and Assistant Coach David Gregg have
19 done a superb job in guiding, molding and
20 inspiring the team members toward their goals;
21 and
22 "WHEREAS, Sports competition
23 instills the values of teamwork, pride and
24 accomplishment, and Head Coach Donald J.
25 Hartley and the outstanding athletes of the

(518) 371-8910
242
1 Red Creek High School Boys Soccer Team have
2 clearly made a contribution to the spirit of
3 excellence which is a tradition of their
4 school; now, therefore, be it
5 "RESOLVED, That this Legislative
6 Body pause in its deliberations to
7 congratulate the Red Creek High School Boys
8 Soccer Team, its members -- Colton Gregg,
9 Nathaniel Gregg, Devin Reese, Juan Torres,

10 Ryan Fisher, Alex Keeling, Jordan Lang,
11 Anthony Roden, Eric Stevens, Reis Cunningham,
12 Steve Deferio, Drew Knox, Anthony Losurdo,
13 Ryan Pudlowski, Keyan Cutt, Cody Sherman, Ryon
14 Adam, Ryan Gould, Matt Treby, Eli Vitale and
15 Dan Burnett -- Assistant Coach David Gregg,
16 and Head Coach Donald J. Hartley on their
17 outstanding season and overall team record;
18 and be it further
19 "RESOLVED, That copies of this
20 resolution, suitably engrossed, be transmitted
21 to the Red Creek High School Boys Soccer Team,
22 Assistant Coach David Gregg, and Head Coach
23 Donald J. Hartley."
24 ACTING PRESIDENT GRIFFO: Senator
25 Nozzolio.

(518) 371-8910
243
1 SENATOR NOZZOLIO: Mr. President,
2 thank you. On the resolution.
3 Mr. President and my colleagues, as
4 today we are in the euphoria of New York
5 State's Super Bowl championship -- with a
6 coach from the center part of the Finger Lakes
7 region, Coach Coughlin, Tom Coughlin, who's
8 from the community of Waterloo, New York --
9 and we're all celebrating that wonderful Super
10 Bowl victory, it's appropriate that we look at
11 our own state champions and the Red Creek Boys
12 Soccer champions, as they are the 2007 Class C

13 champions, are being recognized for their
14 outstanding success.
15 They're seated in the gallery, the
16 team, along with David Sholes, who is
17 superintendent of Red Creek High School; Noel
18 Patterson, the high school principal; Matt
19 VanOrman, the athletic director; school board
20 members Jeanette Treby and Larry Curtis; and
21 team manager Brian March.
22 This team has been an outstanding
23 group of young men. But I'd be remiss if I
24 hadn't singled out the tremendous
25 accomplishments of their coach, Don Hartley.

(518) 371-8910
244
1 Don has mentored now three
2 generations of players, outstanding
3 contributors to the region. And Coach
4 Hartley, as the mentor of literally thousands
5 of players, hundreds of All Stars, mentoring
6 countless numbers of players into the
7 collegiate ranks, championships are something
8 that he doesn't take casually.
9 But the fact of the matter is there
10 have been so many -- the fifth state
11 championship for the Red Creek Boys Soccer
12 Team, the second state championship in the
13 last three years. That he has won countless
14 Section V titles.
15 That most importantly, though,

16 Coach Hartley is a teacher and a mentor of
17 young men. He molds young boys into manhood,
18 and that that is something that we as a state
19 owe this fine coach and fine mentor, fine
20 teacher, a very, very deep debt of gratitude.
21 For that I wish to also thank Coach
22 David Gregg, his assistant, in their tutoring
23 these fine young athletes.
24 I should also add that the
25 championship game, played in Senator Seward's

(518) 371-8910
245
1 district, at the Oneonta National Soccer Hall
2 of Fame, that great resource that we have in
3 recognizing the wonderful sport of soccer,
4 that the Red Creek team in the championship
5 game beat a high school from Senator Seward's
6 district, Marathon, 3 to 1.
7 Ironically, Senator Seward's sister
8 lives in the Red Creek School District and has
9 actually served on the school board there.
10 So, Senator Seward, I appreciate
11 the opportunity to rub this in to you as both
12 a colleague, a friend -- and particularly,
13 having your sister on our side makes it all
14 the more pleasurable.
15 That I appreciate the opportunity
16 and my colleagues' attention on this issue.
17 We need to recognize the excellence of young
18 people and also those who contribute to the

19 fabric of life of the communities in our great
20 state.
21 The Red Creek Boys Soccer Team and
22 their program, under Coach Hartley, is
23 legendary, and for that I congratulate them.
24 And I congratulate them and thank them for
25 their wonderful contributions to the State of

(518) 371-8910
246
1 New York.
2 Thank you, Mr. President.
3 ACTING PRESIDENT GRIFFO: Thank
4 you, Senator Nozzolio.
5 Senator Seward.
6 SENATOR SEWARD: Thank you,
7 Mr. President.
8 I rise not to ask for equal time,
9 Senator Nozzolio, but I rise to, in the
10 interests of good sportsmanship, to also
11 congratulate the Red Creek Boys Soccer Team on
12 their outstanding achievement of being
13 New York State champions once again this year.
14 I'm very proud in my district to be
15 the home of the National Soccer Hall of Fame
16 in Oneonta, where we have seen the Boys State
17 Championship games played in recent years.
18 It's a wonderful facility, and I hope you all
19 enjoyed your visit to Oneonta. We appreciate
20 the local business there while you were in
21 town.
22 And also, as the Senator
23 representing Marathon Central School, I on
24 their behalf, and in the interests of good
25 sportsmanship, also offer my congratulations.

(518) 371-8910
247
1 It is true, as Senator Nozzolio
2 pointed out, my sister Marjorie Hill lives on
3 Younglove Road in the Red Creek School
4 District. In fact, all four of her
5 children -- Ricky and Randy Hill went through
6 the boys soccer program at Red Creek, and her
7 two daughters, Becky and Jennifer Hill, also
8 did through the ladies teams, and they also
9 were very good soccer players.
10 So I rise delighted to offer my
11 congratulations. And on behalf of the
12 National Soccer Hall of Fame and the Marathon
13 Central School, congratulations on your
14 accomplishment, a job well done.
15 ACTING PRESIDENT GRIFFO: Thank
16 you, Senator Seward.
17 And on this great day to celebrate
18 New York sports, as we savor the exceptional
19 victory of the New York Giants being crowned
20 Super Bowl champions, we extend our
21 congratulations and well wishes to the young
22 athletes at Red Creek as well as the coaching
23 staff and the administration.
24 Congratulations, and best wishes.

25 The question is on the resolution.

(518) 371-8910
248
1 All in favor signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT GRIFFO:
4 Opposed, nay.
5 (No response.)
7 resolution is adopted.
8 (Applause.)
10 Skelos.
11 SENATOR SKELOS: Mr. President,
12 if we could go to the noncontroversial reading
13 of the calendar.
16 THE SECRETARY: Calendar Number
17 38, by Senator DeFrancisco, Senate Print 2420,
18 an act to amend the Penal Law, in relation to
19 the amount of restitution.
20 ACTING PRESIDENT GRIFFO: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of
24 November.
25 ACTING PRESIDENT GRIFFO: Call

(518) 371-8910
249
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 51.
5 bill is passed.
7 45, by the Senate Committee on Rules, Senate
8 Print 6418A, an act to amend the Public Health
9 Law, in relation to state identification.
13 act shall take effect immediately.
15 the roll.
19 bill is passed.
21 74, by Senator Morahan, Senate Print 6703, an
22 act to amend the Retirement and Social
23 Security Law, in relation to certain medical
24 presumptions.

(518) 371-8910
250
1 the last section.

5 the roll.
9 bill is passed.
11 75, by Senator Golden, Senate Print 6717, an
12 act to amend the Civil Service Law, in
13 relation to negotiability.
19 the roll.
23 bill is passed.
25 89, by Senator Flanagan, Senate Print 841A, an

(518) 371-8910
251
1 act to amend the Mental Hygiene Law, in
2 relation to disclosure.
4 the last section.

6 act shall take effect on the 180th day.
8 the roll.
10 THE SECRETARY: Ayes, 52. Nays,
11 1. Senator Duane recorded in the negative.
13 bill is passed.
15 97, by Senator Marcellino, Senate Print 1559,
16 an act to amend the Environmental Conservation
17 Law, in relation to management of wildlife
18 resources.
22 act shall take effect on the first of January
23 next succeeding.
25 the roll.

(518) 371-8910
252
2 THE SECRETARY: Ayes, 52. Nays,
3 1. Senator Serrano recorded in the negative.
5 bill is passed.
7 98, by Senator Farley, Senate Print 2743, an
8 act to amend the Environmental Conservation

9 Law, in relation to making technical
10 corrections.
16 the roll.
20 bill is passed.
22 100, by Senator Maziarz, Senate Print 4324B,
23 an act to amend the Environmental Conservation
24 Law, in relation to enacting.

(518) 371-8910
253
1 the last section.
5 the roll.
8 Maziarz, to explain his vote.
9 SENATOR MAZIARZ: Thank you,
10 Mr. President. To explain my vote. I will be
11 voting in the affirmative.

12 This is another step in the very
13 long journey for the Great Lakes Compact,
14 which I and many of my colleagues have
15 championed in this body. I believe this is at
16 least the second or third time that we are
17 passing this.
18 Hopefully, this time the Assembly
19 will get it right and pass the version that is
20 accepted by eight states and two Canadian
21 provinces, so that this compact, this most
22 important compact, can get on to the federal
23 government and have to ratified by the House
24 of Representatives and the United States
25 Senate.

(518) 371-8910
254
1 This compact provides for such
2 important issues as invasive species in the
3 Great Lakes. Probably one of the most
4 important ones is water diversion. My Senate
5 district has Lake Erie, Lake Ontario very
6 close by. And this compact is long overdue.
7 It's been enacted in two states, Illinois and
8 I believe Minnesota was the other one --
9 Minnesota and Illinois. New York will be the
10 third state of eight to ratify this, and then
11 the two Canadian provinces, and send it on to
12 the federal government.
13 This is a very, very, very
14 important step that we are taking today, once

15 again, for the protection of our Great lakes.
16 Thank you, Mr. President. I'll be voting in
17 the affirmative.
19 Maziarz to be recorded in the affirmative.
20 Senator Thompson.
21 SENATOR THOMPSON: Yes,
22 Mr. President, I just wanted to say
23 congratulations to my colleague from Niagara
24 County.
25 Also, as he did state, this is a

(518) 371-8910
255
1 very important piece of legislation. And I
2 just wanted to say just a couple of things on
3 the record.
4 The first is that this is some
5 comments from a memorandum of support from the
6 Nature Conservancy. And this is something
7 that really impacts many people upstate.
8 And it says that the Great Lakes,
9 particularly our part, they hold one-fifth of
10 the world's supply of freshwater, which
11 amounts to 95 percent of the surface
12 freshwater in the nation. And that's
13 extremely, extremely important.
14 New York's Great Lakes, Ontario and
15 Erie, are the most downstream in the basin
16 system. Pollution, diversion and withdrawal
17 of water into other lakes therefore create

18 impacts on New York's Great Lakes basin, a
19 region that includes all of Western New York,
20 the Finger Lakes, the St. Lawrence River
21 Valley, and a third of the Adirondack Park.
22 And future generations will be impacted by
23 this.
24 One of the things that I was
25 talking with some folks about last week, some

(518) 371-8910
256
1 environmental advocates that came by, it's
2 just last year there was discussion about the
3 water shortage in Atlanta. And people -- who
4 would have ever thought that a place like
5 Atlanta would actually have a water shortage.
6 But believe it or not, it is
7 projected and it's speculated that in years to
8 come there will be a fierce debate about
9 access to fresh water in many parts of the
10 country. And this is something that I think
11 that we need to be mindful of and hopefully
12 this legislation will help with that issue in
13 the years to come.
14 But future generations will be
15 impacted. And last year, it was in Atlanta
16 and it will be in other places across the
17 country as water levels decrease and as people
18 struggle to have access to clean and fresh
19 supplies of water.
20 Thank you.
22 Thompson, how do you vote?
23 SENATOR THOMPSON: I vote in
24 strong support of this good piece of
25 legislation by the giant from Niagara County,

(518) 371-8910
257
1 Senator Maziarz.
3 Thompson to be recorded in the affirmative.
4 The Secretary will announce the
5 results.
8 bill is passed.
10 101, substituted earlier today by Member of
11 the Assembly Sweeney, Assembly Print Number
12 9462, an act to amend the Environmental
13 Conservation Law.
17 act shall take effect on the same date and in
18 the same manner as Chapter 674 of the Laws of
19 2007.
21 the roll.

25 bill is passed.

(518) 371-8910
258
2 114, by Senator Maltese, Senate Print 6404, an
3 act to amend the Transportation Law, in
4 relation to membership.
6 the last section.
8 act shall take effect on the same date and in
9 the same manner as Chapter 209 of the Laws of
10 2007.
12 the roll.
16 bill is passed.
18 115, by Senator Maziarz, Senate Print 254A, an
20 Security Law, in relation to providing.

(518) 371-8910
259
1 the roll.
5 bill is passed.
7 118, by Senator Robach, Senate Print 1595, an
8 act to amend the Civil Service Law, in
9 relation to reports.
15 the roll.
19 bill is passed.
21 119, by Senator Robach, Senate Print 2983, an
23 Security Law, in relation to providing.

(518) 371-8910
260
4 the roll.
8 bill is passed.
9 Senator Skelos, that completes the
10 noncontroversial reading of the calendar.
11 SENATOR SKELOS: Thank you,
12 Mr. President.
13 I guess everybody is sort of happy
14 today because of the Giants' great victory.
15 So is there any further business to come
16 before the Senate?
17 ACTING PRESIDENT GRIFFO: There
18 is no further business to come before the
19 desk.
20 SENATOR SKELOS: Then, Mr.
21 President, I move that the Senate stand
22 adjourned until Tuesday, February 5th, at
23 3:00 p.m.
24 ACTING PRESIDENT GRIFFO: On
25 motion, the Senate stands adjourned until

(518) 371-8910
261
1 Tuesday, February 5th, at 3:00 p.m.
2 (Whereupon, at 3:26 p.m., the
3 Senate adjourned.)
4
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

(518) 371-8910

Feb 4,2008

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Feb 4,2008

Uploaded by

Copyright:

Available Formats

Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

18 SENATOR JOSEPH GRIFFO, Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 ACTING PRESIDENT GRIFFO: The

3 Senate will come to order.

4 I ask everyone present to please

5 rise and repeat with me the Pledge of

7 (Whereupon, the assemblage recited

8 the Pledge of Allegiance to the Flag.)

9 ACTING PRESIDENT GRIFFO: In the

10 absence of clergy, I would ask that we bow our

11 heads for a moment of silent prayer.

12 (Whereupon, the assemblage

13 respected a moment of silence.)

14 ACTING PRESIDENT GRIFFO: Reading

16 THE SECRETARY: In Senate,

17 Friday, February 1, the Senate met pursuant to

18 adjournment. The Journal of Thursday,

19 January 31, was read and approved. On motion,

21 ACTING PRESIDENT GRIFFO: Without

22 objection, the Journal stands approved as

25 Messages from the Assembly.

1 Messages from the Governor.

2 Reports of standing committees.

3 Reports of select committees.

4 Communications and reports from

6 Motions and resolutions.

8 SENATOR FARLEY: Thank you,

10 On behalf of Senator Saland, on

11 page 14 I offer the following amendments to

12 Calendar Number 32, Senate Print 1073, and I

13 ask that that bill retain its place on the

14 Third Reading Calendar.

15 ACTING PRESIDENT GRIFFO: The

16 amendments are received and adopted, and the

17 bill will retain its place on the Third

20 SENATOR FARLEY: Mr. President, I

21 now move that the following bill be discharged

22 from its respective committee and be

23 recommitted with instructions to strike the

24 enacting clause. That's Senator Lanza's bill,

25 Print Number 5941.

Candyco Transcription Service, Inc.

4 SENATOR SKELOS: Mr. President, I

5 believe there's a substitution at the desk, if

6 we could make it at this time.

7 ACTING PRESIDENT GRIFFO: The

8 Secretary will read.

9 THE SECRETARY: On page 19,

10 Senator Marcellino moves to discharge, from

11 the Committee on Environmental Conservation,

12 Assembly Bill Number 9462 and substitute it

13 for the identical Senate Bill Number 6503,

14 Third Reading Calendar 101.

15 ACTING PRESIDENT GRIFFO:

18 SENATOR SKELOS: Mr. President,

19 there is a resolution at the desk by Senator

20 Nozzolio, 4170. If we could have it read in