Regular Session - February 3, 2003
335
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 3, 2003
3:13 p.m.
REGULAR SESSION
SENATOR JOHN J. FLANAGAN, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT FLANAGAN: The
Senate will 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.)
ACTING PRESIDENT FLANAGAN: In
the absence of clergy, may we bow our heads in
a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT FLANAGAN:
Reading of the Journal.
THE SECRETARY: In Senate,
Saturday, February 1, the Senate met pursuant
to adjournment. The Journal of Friday,
January 31, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT FLANAGAN:
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 Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Maziarz, I
move that the following bill be discharged
from its respective committee and be
recommitted with instructions to strike the
enacting clause: Senate Print Number 728.
ACTING PRESIDENT FLANAGAN: So
ordered.
Senator Bruno.
SENATOR BRUNO: Mr. President, I
have a privileged resolution at the desk,
Number 299. I would ask that it be read in
its entirety and move for its immediate
adoption.
ACTING PRESIDENT FLANAGAN: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
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Legislative Resolution Number 299, paying
tribute to the heroic lives of the seven
astronauts who made the ultimate sacrifice
aboard the space shuttle Columbia on
February 1, 2003.
"WHEREAS, Throughout the history of
our world, brave men and women who have the
innate curiosity to gain knowledge about our
planet and its surroundings have entered the
unknown as pioneers for the benefit of all
humankind; and
"WHEREAS, The United States of
America grieves the loss of our seven
astronauts who gave the ultimate sacrifice
when the space shuttle Columbia was destroyed
on Saturday, February 1, 2003; and
"WHEREAS, This Legislative Body is
moved, with reverent esteem, to mourn the loss
of Rick Husband, 45; Michael P. Anderson, 43;
Ilan Ramon, 48; David Brown, 46; Laurel Clark,
41; Kalpana Chawla, 41; and William McCool,
41; and
"WHEREAS, Shuttle Commander Rick
Husband, who also served as a crew member
aboard space shuttle Discovery in 1999, was
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married and the father of two beautiful
children, and resided in Amarillo, Texas; and
"WHEREAS, Payload Commander Michael
P. Anderson, who also served as a crew member
flying aboard space shuttle Endeavor, was
married and resided in Plattsburgh, New York;
and
"WHEREAS, Payload Specialist from
Tel Aviv, Israel, Ilan Ramon, was married and
the father of four beautiful children; he was
Israel's first astronaut; and
"WHEREAS, Mission Specialist David
Brown, from Arlington, Virginia, achieved his
dream of space exploration and was on his
first space flight; and
"WHEREAS, Mission Specialist Laurel
Clark, from Racine, Wisconsin, was married,
the proud mother of one child, and was also on
her first space flight; and
"WHEREAS, Mission Specialist
Kalpana Chawla, from Karnal, India, was
married and was on her second shuttle mission;
and
"WHEREAS, Shuttle Pilot William
McCool, from San Diego, California, was
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married with three loving sons, and was on his
first space voyage; and
"WHEREAS, The frontiers of science
have been expanded exponentially by each of
these astronauts, whose dedication and
devotion to explore outer space led them to
the challenge of exploration with the highest
courage and determination; and
"WHEREAS, The inspiration of outer
space exploration remains in the dreams of
everyone who gazes at the stars with the
wonderment of the earth and beyond, and the
beauty and mystery of the cosmos endures in
the minds of all; and
"WHEREAS, The memory of each of
these seven astronauts who were lost will
forever remain with their families, and their
bravery will live on in the heart of every
New Yorker and every American citizen; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to pay tribute
to the heroic lives of the seven astronauts
who made the ultimate sacrifice aboard the
space shuttle Columbia on February 1, 2003,
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and be it further
"RESOLVED, that copies of this
resolution, suitably engrossed, be transmitted
to the families of Rick Husband, Michael P.
Anderson, Ilan Ramon, David Brown, Laurel
Clark, Kalpana Chawla, and William McCool."
ACTING PRESIDENT FLANAGAN:
Senator Bruno.
SENATOR BRUNO: Thank you, Mr.
President, and colleagues.
We've heard a resolution today
honoring the crew of the Columbia space
shuttle. And we do that really with heavy
hearts, as we in this state, in the country,
people throughout the world really mourn the
loss of these seven very, very brave achievers
doing things that are beyond most people's
power to comprehend.
When you listen to their lives,
their backgrounds, they had dreams, they had
aspirations -- and all of them had dreams that
someday they'd be an astronaut. And they
elected to do just that; one of probably the
most dangerous, difficult, and challenging
things that anyone could do.
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And they died. They died Saturday
morning, almost instantly, orbiting the earth,
an hour from their families, to be reunited
with their loved ones, with their children, to
be acclaimed as heroes. And they died.
But their memory, through this
resolution, through things like this, through
their families, through the ongoing research,
development that will take place, their memory
will live for all of us. Because every time
you look up, you will think about that space
shuttle, that crew, all those that will
follow, those that are up there now, doing
things that, again, are beyond our powers to
comprehend. And they've done it bravely,
willingly, wanting to.
So you have to respect and admire
what they've done with their lives, how they
gave their lives for all of us, so that our
lives get better and better.
So we'll remember them, their
families, in our prayers, in our thoughts, and
every time we look to the heavens. And they
were up above, just looking down on Earth as
they were approaching it. And we all know, I
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think, in our hearts, in our minds, that
they're up above now, still looking down and
doing with their lives in the hereafter what
they always dreamed they would do. They gave
their lives living their dream and improving
the quality of life for all of us.
Thank you, Mr. President.
ACTING PRESIDENT FLANAGAN:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I want to join Senator Bruno and
I'm sure everyone in this room. This is a
resolution that is unfortunate, it's sad, it
is timely. But I also think it's important
that those of us who participate in the
collective endeavor that is the government
here in the United States recognize that there
are a lot of other people making greater
sacrifices, taking greater risks as a part of
this great collective enterprise of being the
United States.
And when many of us were growing
up, the top of the list for kids of what you
wanted to grow up to be was an astronaut. I
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think that's probably faded somewhat. But
this is a reminder of decades of heroism,
decades of foresight, and really of something
that we should all be proud of as Americans,
we should be proud of as New Yorkers, and we
certainly should be proud of as people who
participate in the government.
A lot of these people who
participate in the space program could make a
lot more money doing something else. But
they're among the thousands and thousands of
people in our government, working in
government programs, working to make America
live up to its legacy of greatness. And it is
certainly worthwhile to pause in reflection of
that.
The sacrifices that we make to
participate in the State Legislature, which
sometimes we grouse about a little too much,
are nothing compared to the sacrifices that
are made by others in their efforts to support
our collective dream.
So I join with Senator Bruno in
this resolution. I thank you for bringing it
to us today.
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ACTING PRESIDENT FLANAGAN: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FLANAGAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT FLANAGAN: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can I ask that we put all of our colleagues in
the Senate on that resolution. Unless anyone
here would prefer not to be on it, and then
you could let the president know.
Thank you, Mr. President.
ACTING PRESIDENT FLANAGAN: The
resolution is open for cosponsorship. If you
do not wish to be a cosponsor, please notify
the desk.
Senator Bruno.
SENATOR BRUNO: Mr. President, I
have another privileged resolution, numbered
270, at the desk. I would ask that the title
be read and move for its immediate adoption.
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ACTING PRESIDENT FLANAGAN: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
Concurrent Resolution Number 270 of the Senate
and Assembly, authorizing the Senate and
Assembly of New York State to purchase copies
of the New York Red Book for 2003-2004.
ACTING PRESIDENT FLANAGAN: On
the resolution, the Secretary will call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT FLANAGAN: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up the
noncontroversial reading of the calendar.
ACTING PRESIDENT FLANAGAN: The
Secretary will read.
THE SECRETARY: Calendar Number
14, by Senator Volker, Senate Print 241 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT FLANAGAN: The
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bill is laid aside.
THE SECRETARY: Calendar Number
35, by Senator DeFrancisco, Senate Print 323,
an act to amend the Criminal Procedure Law, in
relation to applications for recognizance or
bail.
ACTING PRESIDENT FLANAGAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT FLANAGAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FLANAGAN:
Senator Breslin, to explain his vote.
SENATOR BRESLIN: Thank you, Mr.
President.
Briefly, this is a vote that
directionally I totally agree with and agree
with the sponsor. It was brought up last
year, and I voted for it.
However, in this time of financial
difficulties, to set an example, this bill has
no provisions that the state pay for it. It's
being passed down as an unfunded mandate to
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the localities.
And for that reason and that reason
alone, I will vote in the negative.
Thank you, Mr. President.
ACTING PRESIDENT FLANAGAN:
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Insurance Committee in the Majority Conference
Room.
ACTING PRESIDENT FLANAGAN:
Immediate meeting of the Insurance Committee
in the Majority Conference Room.
The Secretary will announce the
results.
THE SECRETARY: In relation to
Calendar Number 35, ayes, 59; nays, 1.
Senator Breslin recorded in the negative.
ACTING PRESIDENT FLANAGAN: The
bill is passed.
The Secretary will read.
THE SECRETARY: Calendar Number
42, by Senator Marcellino, Senate Print 526,
an act to amend the Penal Law, in relation to
surreptitious video surveillance without
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consent.
ACTING PRESIDENT FLANAGAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT FLANAGAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT FLANAGAN: The
bill is passed.
THE SECRETARY: Calendar Number
43, by Senator Skelos, Senate Print 550, an
act to amend the Penal Law, in relation to
sexual assault against a child.
ACTING PRESIDENT FLANAGAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
November.
ACTING PRESIDENT FLANAGAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
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ACTING PRESIDENT FLANAGAN: The
bill is passed.
THE SECRETARY: Calendar Number
46, by Senator Maziarz, Senate Print 561, an
act to amend the Penal Law, in relation to
killing or injuring a police animal.
ACTING PRESIDENT FLANAGAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT FLANAGAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT FLANAGAN: The
bill is passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT FLANAGAN: The
Secretary will read.
THE SECRETARY: Calendar Number
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14, by Senator Volker, Senate Print 241, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to term of
imprisonment.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR VOLKER: Mr. President,
this is a bill that's passed this -- I believe
it passed this house last year by something
like 53 to 6.
It is -- this bill was developed
when there was so much attention being given
to two times and you're out. Basically, this
is a "three times and you're out" bill.
A person in the future -- and by
the way, I think everybody should understand,
of course, that this is only for future
crimes. If this bill should become law after
November 1st of this year, this bill would
allow the persistent violent felony
offenders -- that is, felons who have been
arrested and convicted twice of violent felony
offenses -- upon the third conviction, the
sentence would be increased from what is now a
minimum of 10 to 25 years and a maximum period
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of life to a minimum sentence of 25 years and
the maximum of life.
So basically, what this does is --
and remember, these people are pretty
professional people, as the saying goes.
Because violent felony offenses, to go through
two and then have a subsequent violent felony
offense, these are pretty tough people.
And what it would do is say that it
would be -- 25 years would be the minimum, and
then the maximum would be life. That's really
the only change, because you're just moving up
the minimum sentence.
And we're talking, by the way,
about a very small number of people, because
very few people get to three violent felony
offenses. They usually end up with two at the
most, because they spend a lot of time in jail
in any case.
ACTING PRESIDENT FLANAGAN:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
I know Senator Volker is a very
thoughtful student of the criminal justice
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system. I do think, though, that we've
reached a point where this ritual of us
passing a series of sentencing bills here that
we know aren't going to pass the Assembly and
the Assembly passing sentencing reform bills
that aren't going to pass here is getting a
little bit tedious.
This bill has been around an
awfully long time. In fact, I note that the
bill memo still says "unmistakably, crimes of
violence in the state are on the rise," which
I guess hasn't been true for a few years since
the bill memo was drafted.
I think that it is time, this year,
to deal comprehensively with the questions of
disparate sentencing in New York State, the
need for sentencing reform. We failed to
address the issue of the Rockefeller Drug Laws
last year.
I would look forward to putting the
issues addressed by this legislation together
with some of the other one-house bills that go
through this house and go through the
Assembly, and I would actually urge that we
try to convene some sort of a task force or
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conference committee to deal with the issues
of sentencing comprehensively.
It is appropriate for us to have
sentencing reform. This year is a good time
to do it. I don't think this particular piece
of legislation is up-to-date anymore, but I
think that the issues that it seeks to address
are still with us.
I will be voting no, but I do think
that the issue of sentencing is something that
we really have to get to sooner or later. And
as I suspect we're going to be here for a
while this year, why not spend some time
working on this while we're here.
Thank you, Mr. President.
SENATOR VOLKER: Mr. President.
ACTING PRESIDENT FLANAGAN:
Senator Volker.
SENATOR VOLKER: I agree with
you, Senator. In fact -- of course, the issue
of the Rockefeller Drug Laws, in fact, we may
be dealing with that much sooner than you
think. That is, this house. Because we are
moving fairly quickly to do something here
before this month is out.
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The Assembly, as you well know, is
not in a position to do much of anything right
now. Since we don't know for sure who is the
chairman and all the rest of the stuff, it's a
little difficult to do any negotiating. I
mean, I'm being very -- but I agree with you,
I think this is the year, with all the fiscal
problems and so forth, that we deal with
issues of sentencing -- and you can call it
reform in certain cases -- and to deal with
drug laws.
I think the Assembly needs
something this year, I really do. I believe
that this -- the situation is different now.
And with the City of New York in such a plight
that it's in, I think that the people in the
Assembly will need some sort of legislation
dealing with some of the major issues of
sentencing.
And I think what will happen is
you're going to see some drug legislation --
the Rockefeller Drug Laws is easy. There's
only a handful of people in jail under the
Rockefeller Drug Laws really. But I think
that you're going to see some sort of
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sentencing reform this year that's going to
show some sentences go up and some, in effect,
at least be reviewed and come down.
ACTING PRESIDENT FLANAGAN: Any
other Senator wishing to be heard on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT FLANAGAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 14 are
Senators Connor, Diaz, Duane,
Hassell-Thompson, Montgomery, Parker,
Paterson, and Schneiderman.
Ayes, 52. Nays, 8.
ACTING PRESIDENT FLANAGAN: The
bill is passed.
Senator Skelos, that completes the
controversial reading of the calendar.
SENATOR SKELOS: Mr. President,
if we could stand at ease. We're waiting for
the Insurance Committee to issue its report,
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and then we'll adjourn.
ACTING PRESIDENT FLANAGAN: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:34 p.m.)
(Whereupon, the Senate reconvened
at 3:40 p.m.)
ACTING PRESIDENT FLANAGAN:
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Insurance Committee at the desk. I ask that
it be read at this time.
ACTING PRESIDENT FLANAGAN:
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Seward,
from the Committee on Insurance, reports the
following bills:
Senate Print 574, by Senator
Seward, an act to amend the Insurance Law;
And Senate Print 912, by Senator
Seward, an act to amend the Insurance Law.
Both bills ordered direct to third
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reading.
ACTING PRESIDENT FLANAGAN: All
bills reported direct to third reading.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT FLANAGAN: No.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we adjourn until Tuesday, February 4th,
at 11:00 a.m.
ACTING PRESIDENT FLANAGAN: On
motion, the Senate stands adjourned until
Tuesday, February 4th, at 11:00 a.m.
(Whereupon, at 3:41 p.m., the
Senate adjourned.)