Regular Session - January 28, 2003
296
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 28, 2003
11:06 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we all bow our heads in a moment
of silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, January 27, the Senate met pursuant to
adjournment. The Journal of Friday,
January 24, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Madam President,
may we adopt the Resolution Calendar, with the
exception of Resolution 169.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Resolution 169, please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
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immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
at this time could we please have the title
read on Resolution 169 and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Connor, Legislative Resolution Number 169,
commemorating the Asian-American community's
celebration of the Lunar New Year, 4701, the
Year of the Ram, on February 1, 2003.
THE PRESIDENT: The question is
on the resolution. All in favor --
Senator Connor, excuse me.
SENATOR CONNOR: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
SENATOR CONNOR: Madam President,
I'm delighted to bring this resolution before
the Senate. It's something we've done
annually now for many, many years, and that is
to congratulate our state's Asian-American
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community, which is throughout the state and
concentrated in various places in the state.
I am privileged to represent the
traditional Chinatown in Manhattan, but there
are many, many more communities around
New York City and New York State that have
benefited by the industriousness, good
citizenship, hard work, and family values of
our Asian-American citizens.
So I think it's fitting and
appropriate that we pause at this time to
congratulate and wish well the Asian-American
community as they approach their celebration
of their New Year's.
This year, starting on
February 1st, is by the Asian calendar, the
lunar calendar that they observe, the year
4701. If anybody wants to think about a
Pick 4, 4701. And it's bound to be lucky.
And this year, Madam President, is
the Year of the Ram. For those who want to
know the significance of the Year of the Ram
or are planning a family, since there's still
time in the Year of the Ram, those who are
born in the Year of the Ram are elegant,
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artistic, and creative. They are intelligent,
good-natured, and generous.
Furthermore, those born under the
sign of the ram are also sincere, noble, and
independent. They appreciate peace and
tranquility and are well known, Madam
President, for their gentleness,
understanding, and compassion.
So as I say, from a family-planning
perspective, this would be a good year, the
Year of the Ram. With qualities like that,
one couldn't go wrong in one's children.
But I do urge all of my colleagues
to support this, Madam President. I would
certainly like to open this to sponsorship by
the entire Senate. And that said, I move its
adoption.
THE PRESIDENT: On the
resolution, all in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
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Senator Skelos.
SENATOR SKELOS: Madam President,
with Senator Connor's consent, if we could
open up the resolution to sponsorship, we'll
put all the members on the resolution. If
they do not wish to cosponsor the resolution,
they should notify the desk.
THE PRESIDENT: Thank you,
Senator Skelos.
Any Senator who does not wish to be
a cosponsor of the resolution that was just
passed, please notify the desk.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
11, by Senator Volker, Senate Print 236, an
act to amend the Criminal Procedure Law, in
relation to sealing.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
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aside.
THE SECRETARY: Calendar Number
38, by Senator Maziarz, Senate Print 508, an
act to amend the Penal Law, in relation to
creating definitions.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
41, by Senator Balboni, Senate Print 519, an
act to amend the Penal Law, in relation to the
crime of stalking.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
49, by Senator Skelos, Senate Print 493, an
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act to amend the Real Property Tax Law, in
relation to including certain vacant real
property.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
50, by Senator Little, Senate Print 741, an
act making certain findings and
determinations.
THE PRESIDENT: There's a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
THE PRESIDENT: The bill is
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passed.
THE SECRETARY: Senator Skelos,
that completes the reading of the
noncontroversial calendar.
THE PRESIDENT: Madam President,
I think we should just notice that it's
Senator Little's first bill passed in the
Senate. So congratulations.
(Applause.)
THE PRESIDENT: Congratulations
and continued success, Senator Little.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the controversial calendar,
I believe Senator Volker is at the Finance
Committee meeting. I believe there will be an
explanation requested of Senator Balboni, so
if we could go to Senator Balboni's bill next.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
41, by Senator Balboni, Senate Print 519, an
act to amend the Penal Law, in relation to the
crime of stalking.
SENATOR PATERSON: Explanation,
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please.
THE PRESIDENT: An explanation
has been requested, Senator Balboni.
SENATOR BALBONI: Thank you,
Madam President. Thank you to the
distinguished Minority Leader.
I would like to just bring us back
to the bill that we passed in 1999 that
created the crime of stalking in this state.
At the time, we attempted to fix some of the
aberrations of the law that included that
there was a cap, a misdemeanor cap on the
number of crimes that could be committed, and
the aggregate sentence that would then be
imposed. We removed that.
But we forgot to include a piece
which has been illustrated by several very
disturbing news accounts. As recently as the
spring of 2001, a man in Nassau County made 72
phone calls to women telling them that he held
captive members of their family. The law
itself was not able to address this particular
campaign of terror, personal terror on these
women.
This law would now make it an
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increased penalty for anyone who engages in
that type of stalking conduct against any
individual or individuals over the number of
ten. And the bill specifically amends
Section 120.55 of the Penal Law and
essentially says that if there are ten or more
persons, then there is an increased penalty.
Thank you, Madam President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Balboni would yield for
a question.
THE PRESIDENT: Senator, will you
yield?
SENATOR BALBONI: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Paterson.
SENATOR PATERSON: Senator, I was
proud to support your bill in 1999.
And I remember we pointed out, when
I was working in the DA's office, there was
nothing more frustrating for prosecutors than
the fact that we were not really equipped to
stop a lot of the conduct that the bill that
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we passed in 1999 addresses. It was very
difficult to talk to victims and not really
know what to do with these ways that they were
encumbered by outsiders either standing in
front of their homes, calling them on the
phone, maybe going right up to the line of
what would constitute an assault but knowing
how to avoid that, and continued to terrorize
the individuals. And it really is a form of
terrorism.
I was just wondering if Senator
Balboni would enlighten the body as to how
this new bill distinguishes itself a little
more specifically from the bill we passed in
1999.
SENATOR BALBONI: Madam
President, through you, the bill that we
passed in 1999 removed the -- what was known
as the misdemeanor cap from successive
misdemeanors that were committed. And in the
crime of stalking in the first degree, that is
currently a misdemeanor.
What this bill would do, it would
take a crime of stalking in the second degree
and, if it is perpetrated against ten or more
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individuals, then it would go from a
misdemeanor to a Class E felony.
SENATOR PATERSON: Thank you.
SENATOR BALBONI: Thank you,
Madam President.
THE PRESIDENT: Does any other
Senator wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
Senator Paterson.
SENATOR PATERSON: Madam
President, I was perfectly within the rules
when I was questioning Senator Balboni,
wouldn't you agree?
THE PRESIDENT: Senator, I'd like
to proceed with the Senate business.
SENATOR PATERSON: Oh, good.
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Well, then, I would never break the
rules. Like if I were to recognize that the
New York State Schools Program is here and
they provide social services to children
around the state, that would be breaking the
rules.
But I don't break the rules, as you
would affirm, so I'm going to sit down now.
THE PRESIDENT: Then we'll
proceed with the Senate business.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could just stand at ease until Senator
Volker returns from the Finance Committee
meeting.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 11:19 a.m.)
(Whereupon, the Senate reconvened
at 11:22 a.m.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Environmental Conservation Committee in the
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Majority Conference Room.
And now if we could go to Senator
Volker's bill.
THE PRESIDENT: There will be an
immediate meeting of the Environmental
Conservation Committee in the Majority
Conference Room.
The Secretary will read Calendar
Number 11, Bill Number S236.
THE SECRETARY: Calendar Number
11, by Senator Volker, Senate Print 236, an
act to amend the Criminal Procedure Law, in
relation to sealing and other dispositions.
SENATOR VOLKER: Madam President,
this is a bill that has passed this house for
the last several years. It passed last year
by a vote of 56 to 4. It has been requested
by the City of New York and the City of
New York Police Department.
The general rule is that when
something is dismissed -- that is, a criminal
action is dismissed, in particular a
noncriminal offense, convictions for a
noncriminal offense -- the records can be
sealed and you can apply for a sealing of the
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records.
What the New York City Police
Department is requesting here is that where a
person has previously been convicted of a
violent felony offense, a serious offense,
actually been convicted of it, that the
records not be sealed unless there is some
other -- something other than is the normal
situation, because it -- they believe it has
had an impact on investigations in some cases.
This doesn't mean that somebody is
going to trumpet this additional offense. And
it's only in the case of someone who has been
previously convicted of a violent felony
offense. They ask that the normal rule be
suspended in those cases.
I was looking at -- a couple of
years ago, I guess there was a comparatively
small number that actually were asked to be
sealed, and -- comparatively small. And I
think the feeling is that only in those cases
where there was a violent felony offense do
they ask that they not be sealed.
THE PRESIDENT: Does any other
Senator wish to be heard on this bill?
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Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
reading of the controversial calendar.
Senator Stachowski.
SENATOR STACHOWSKI: Madam
President, could I have unanimous consent to
be recorded in the negative on Calendar 38,
S508.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative, Senator.
SENATOR STACHOWSKI: Thank you.
THE PRESIDENT: You're welcome.
Senator Skelos.
SENATOR SKELOS: If we could
return to reports of standing committees, I
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believe there's a report of the Finance
Committee at the desk. I ask that it be read
at this time.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations.
As chairwoman of the Consumer
Protection Board, Teresa A. Santiago, of
Hartsdale.
THE PRESIDENT: Senator Spano.
SENATOR SPANO: Madam President,
it is my pleasure to speak in favor and urge
the nomination of Teresa Santiago to serve as
the chair of the Consumer Protection Board in
the state.
I have known Teresa for a long
time. I know of her history as a native of
the South Bronx, but now as a resident of
Westchester County. She has been long active
in Puerto Rican and Latino issues, has been a
solid leader in our community, in Westchester,
in the metropolitan area, and across the state
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of New York. And being an outstanding
advocate on feeling very strongly about the
issues that she's concerned about.
She has got excellent credentials
to chair the Consumer Protection Board, will
bring with her the wealth of knowledge and
personal experience that is necessary to
protect the consumers all across the state of
New York.
So it is my pleasure today to urge
the nomination of Teresa Santiago to chair the
Consumer Protection Board and to congratulate
the Governor on nominating someone with such
impeccable credentials and sending her to us
for our confirmation.
Thank you, Madam President.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
The Committee on Consumer
Protection met with and interviewed the
nominee, and I must say that she certainly
brings a wealth of both community and
professional experience to the position.
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I want to commend Governor Pataki
for his nomination. And I as well as the
members of the committee look forward to
working with the nominee in the upcoming year.
I wish her the best and offer my office as a
resource and look forward to working together
with her.
THE PRESIDENT: Senator Diaz.
SENATOR DIAZ: Thank you.
I would like to speak on behalf of
the appointment of Teresa Santiago. I know
Teresa Santiago for a long time. I know her
commitment to the community, I know her
dedication, I know her involvement in the
community, and I know that she will be a great
asset to the administration.
Therefore, I commend Governor
Pataki for choosing such a distinguished
Hispanic woman, and I encourage him to
continue looking for more Hispanics to fit
positions in his administration.
Thank you very much.
THE PRESIDENT: Senator Mendez.
SENATOR MENDEZ: Madam President,
it is with great joy that I rise to support
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the nomination of Teresa Santiago. She
happens to be a friend of mine.
I have to tell you myself that as a
Puerto Rican woman, I am so proud of Teresa
Santiago, who also is a Puerto Rican woman, a
very highly qualified person for the job that
she has been holding for the last three weeks.
I want to congratulate the
Governor. A person more qualified for the
position of chair of the Consumer Protection
Board I don't think is available. Her
experience as an administrator, as a marketing
specialist, will come in very handy to the
functions of the new job.
So again, my very best to Teresa
Santiago, and my thanks to the Governor for
recognizing this young lady's talents and
abilities.
Thank you, Madam President.
THE PRESIDENT: Senator González.
SENATOR GONZALEZ: Thank you,
Madam President.
I too rise to commend the Governor
on Teresa Santiago. I know her for many
years, and she will bring to this particular
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position someone that knows in terms of the
consumers and the people that she will be
dealing with on behalf of the State of
New York.
So I congratulate her and wish her
well, and may God bless her and give her
speed.
Thank you.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
I too rise to -- very rarely do I
commend the Governor, but on this occasion he
and I see eye to eye.
The young woman happens to be from
my district. She was born in my district and
now has moved to the other part of my
district, in Westchester. So therefore, I
already know she's going to do a wonderful
job.
And we have had an opportunity to
talk, and certainly she brings tremendous
credentials. But more than that, she brings a
passion to the work that she is setting out to
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do.
So therefore I think that the
people of our communities at large will be
well served in this appointment.
Thank you.
THE PRESIDENT: The question is
on the confirmation of Teresa A. Santiago as
Consumer Protection Board director. All in
favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Teresa A.
Santiago is hereby confirmed.
Congratulations and best wishes.
(Extended applause.)
THE PRESIDENT: Director Santiago
is present today with her mother, Julia
Camacho; her father, Desiderio Camacho; and
her aunt, Carmen Fernandez.
Have a great celebration, to the
entire family.
The Secretary will read.
THE SECRETARY: As a member of
the Small Business Advisory Board, John C.
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Mitchell, of Norwich.
As a member of the State Park,
Recreation and Historic Preservation
Commission for the City of New York, Jeffrey
E. Livingston, of New York City.
And as a member of the
Saratoga-Capital District State Park,
Recreation and Historic Preservation
Commission, Katharine Tomasi, of Salem.
THE PRESIDENT: The question is
on the confirmation of the members of the
Small Business Advisory Board, of the State
Park, Recreation and Historic Preservation
Commission for the City of New York, and of
the Saratoga-Capital District State Park,
Recreation and Historic Preservation
Commission.
All in favor please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The appointments
are hereby confirmed.
The Secretary will read.
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THE SECRETARY: Senator
Marcellino, from the Committee on
Environmental Conservation, reports:
Senate Print 879, by Senator
Marcellino, an act to amend the Environmental
Conservation Law;
885, by Senator Marcellino, an act
to repeal Title 17 of Article 23;
And Senate Print 900, by Senator
Marcellino, an act to amend the Environmental
Conservation Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Senator Rath.
SENATOR RATH: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there isn't,
Senator Rath.
SENATOR RATH: Madam President,
there being no further business to come before
the Senate, I move we stand adjourned until
Monday, February 3rd, at 3:00 p.m.,
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intervening days to be legislative days.
THE PRESIDENT: On motion, the
Senate now stands adjourned until Monday,
February 3rd, at 3:00 p.m., intervening days
being legislative days.
(Whereupon, at 11:35 a.m., the
Senate adjourned.)