Regular Session - March 5, 2003
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 5, 2003
11:41 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: Will the Senate
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 bow our heads, please, in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, March 4, the Senate met pursuant to
adjournment. The Journal of Monday, March 3,
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.
The Secretary will read.
THE SECRETARY: Senator Little,
from the Committee on Local Government,
reports the following bills:
Senate Print 63, by Senator Volker,
an act to amend the General Municipal Law;
529, by Senator Johnson, an act to
amend Chapter 250 of the Laws of 1999;
537, by Senator Johnson, an act to
authorize;
803, by Senator Marcellino, an act
to amend the Real Property Tax Law;
And Senate Print 916, by Senator
LaValle, an act to amend the General Municipal
Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, the bills are reported direct to
third reading.
Reports of select committees.
Communications and reports from
state officers.
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Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator Alesi, on page
number 4 I offer the following amendments to
Calendar Number 4, Senate Print Number 46, and
ask that said bill retain its place on Third
Reading Calendar.
THE PRESIDENT: The amendment is
received, and it will retain its place on the
Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR SKELOS: I ask that they
be made at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 13,
Senator Padavan moves to discharge, from the
Committee on Education, Assembly Bill Number
3517 and substitute it for the identical
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Senate Bill Number 1602, Third Reading
Calendar 161.
THE PRESIDENT: The substitution
is ordered.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: There's a
privileged resolution at the desk, 618, by
Senator DeFrancisco. I ask that the title be
read and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
DeFrancisco, Legislation Resolution Number
618, honoring Mary Lessaongang upon the
occasion of her 30 years of service to the
Town of Van Buren.
THE PRESIDENT: The question is
on the resolution. All in favor please
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,
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
68, by Senator Alesi, Senate Print 129, an act
to amend the Vehicle and Traffic Law and the
State Finance Law, in relation to creating.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
91, by Member of the Assembly Weinstein,
Assembly Print Number 1409, an act to amend
the New York City Civil Court Act and the
Civil Practice Law and Rules, in relation to
annual fees.
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THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
101, by Senator Skelos --
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
102, by Senator Morahan, Senate Print 1034, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to fixing
sentences.
THE PRESIDENT: Read the last
section.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
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aside.
THE SECRETARY: Calendar Number
104, by Senator Volker, Senate Print 1109, an
act to amend the Criminal Procedure Law, in
relation to appeals from certain orders of
suppression.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
161, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
3517, an act to repeal Section 3 of Chapter 6
of the Laws of 2003.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
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Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Madam President,
if we could go to the controversial reading of
the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
102, by Senator Morahan, Senate Print 1034, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to fixing
sentences.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MARCELLINO:
Senator Morahan, an explanation has been
requested of Calendar Number 102.
SENATOR MORAHAN: Basically, this
would amend the Penal Law to those people who
are out on parole, who enjoy the freedom of
movement as opposed to being in prison, commit
a felony while on parole. Then they would
have to return to prison, serve out the
maximum time on that felony and a minimum for
the new crime that they committed while they
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were on parole.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, very briefly on the bill.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I guess
what I have to say is happy anniversary. This
is the tenth anniversary of this bill. And
ten years ago, New York had a different
governor, comptroller, attorney general,
different Senate majority leader, different
Assembly speaker, different minority leaders
in both houses.
I support this legislation, but
it's pretty clear to me that we're not getting
very far. And I think this just points up the
need for more of a comprehensive revision of
New York's sentencing laws.
And once again, I would urge that
this ritual we go through every year of us
passing our one-house bills and the Assembly
passing their one-house bills is getting a
little bit tired. I hope we can do something
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about sentencing, deal with the issues raised
in yesterday's debate on the Rockefeller Drug
Laws and the other laws which Senator Volker
knows are wrongfully referred to as
Rockefeller Drug Laws.
Ten years is an awfully long time
to wait on something this basic. I hope we
can take a new approach and try and convene a
conference committee or something else to
break the gridlock on this critical issue.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO: Any
other Senators wishing to be heard on this
bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52 --
ACTING PRESIDENT MARCELLINO: The
bill is passed.
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THE SECRETARY: Those recorded in
the negative are Senators Dilán, Duane,
Hassell-Thompson, and Parker. Ayes, 49.
Nays, 4.
ACTING PRESIDENT MARCELLINO: The
bill is still passed.
THE SECRETARY: Calendar Number
161, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
3517, an act to repeal Section 3 of Chapter 6
of the Laws of 2003.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MARCELLINO:
Senator Padavan, an explanation has been
requested.
SENATOR PADAVAN: You may recall
previously we had to pass a bill that would
extend the election of the community school
boards because we are in the process, as those
from the City of New York are well aware, of
determining what should be done with the
community school boards vis-a-vis their
replacement by parent councils.
The task force we created last year
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came in with its recommendations, which we're
all reviewing and generally, I think, find
very positive.
If we did not extend the school
board elections on March -- last month, the
Board of Elections would have had to start a
process of petitioning, costing millions of
dollars, which was certainly unnecessary.
Now, when we passed that bill, we
made a mistake. We included something that we
did not want to include. And that was covered
by Section 3 of that bill, which became law,
the Governor having signed it.
And so in order to deal with the
error, we have this chapter amendment in front
of us today which deletes Section 3, which
should not have been in that bill in the first
place.
ACTING PRESIDENT MARCELLINO:
Senator Lachman.
SENATOR LACHMAN: Yes, through
you, Mr. President.
I support this bill --
ACTING PRESIDENT MARCELLINO: Are
you speaking on the bill, Senator?
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SENATOR LACHMAN: Yes, I'm
speaking on the bill.
ACTING PRESIDENT MARCELLINO:
Senator Lachman, on the bill.
SENATOR LACHMAN: I support this
bill that's before us today because there is
no reason for the city to prepare for an
election that is never going to take place.
Now, parental involvement is
essential to any new community school board
structure. I agree with Senator Padavan that
last year we did not take sufficient notice of
the complete bill.
I have to, at the same time,
commend Assemblyman Sanders, Terry Thompson,
and also Senator Padavan for developing a
preliminary response to the issue of parental
involvement.
However, as I had mentioned to the
chancellor at the Finance Committee meeting,
this is just a preliminary response. It's a
good preliminary response. But in my opinion,
it does not go far enough in terms of parental
involvement on the local level in the New York
City Board of Education.
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So I am going to support this bill,
but I assume there will be further discussion
of this measure when it comes up for a final
vote dealing with parental involvement on the
local level.
Thank you.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Chapter 6 of the Laws of 2003.
ACTING PRESIDENT MARCELLINO:
Call the roll, please.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Skelos, that completes the
controversial calendar.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MARCELLINO: No,
the house is clean, Senator.
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SENATOR SKELOS: There being no
further business, I move we adjourn until
Monday, March 10th, at 3:00 p.m., intervening
days being legislative days.
ACTING PRESIDENT MARCELLINO: On
motion, the Senate stands adjourned until
Monday, March 10th, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 11:56 a.m., the
Senate adjourned.)