Regular Session - March 11, 2003
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 11, 2003
3:08 p.m.
REGULAR SESSION
SENATOR MICHAEL A.L. BALBONI, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT BALBONI: 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.)
ACTING PRESIDENT BALBONI: The
invocation today will be given by His
Eminence, Edward Cardinal Egan, Archbishop of
the Roman Catholic Archdiocese of New York.
ARCHBISHOP EGAN: Thank you,
Senator Balboni. And thank you, Senator
Bruno. And thank all of you for allowing me
to come here and have the honor of praying
with you.
It's always a great pleasure to
come to New York and its Capitol on this
occasion at least once a year. And I want you
to know I consider this a privilege. I thank
you very much for your kindness.
Could I ask you to join me now in
bowing our heads in prayer.
Almighty and Eternal Father, we
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place ourselves in Your presence to ask Your
blessing.
Our prayer today is for the
citizens of our state. May they be a people
of courage and commitment, commitment to Your
holy will. May they care for the needy. May
they seek harmony among all races, creeds, and
ethnic backgrounds. May they rejoice in the
peace of soul that comes from lives of
goodness and compassion.
Our prayer today is also for our
legislators, for our Governor and for his
administration. May they guide the citizenry
of this state in the path of justice and
righteousness. May their decisions be
inspired by charity and understanding for
those in our midst who are suffering
economically, emotionally, even spiritually.
May they, by their decisions and their lives,
be an inspiration to all of our people,
especially our children, our youth.
Our prayer is for our nation in a
time of crisis. May our President, our
Congress, and all who guide and rule us make
justice, compassion, the purpose and guide of
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all they do.
May they seek the path of peace
whenever it may be justly sought, and in so
doing may they allow this strong and noble
republic of ours to continue to be a light to
nations, a city set upon a hill.
Our prayer today, O Lord, is a
prayer of trust in Your divine providence.
Give us the courage and the wisdom to be a
people worthy of You.
We are Yours, Lord. This is what
we wish to be. With fervor, devotion, and
confidence, we commit ourselves to living as
You would have us live. And we beg You, O
Lord, to care for those who guide, who lead,
who govern us. Make them women and men of
justice and charity, of strength and goodness,
now and forever.
Amen.
ACTING PRESIDENT BALBONI: Thank
you, Your Eminence. You honor us by your
presence.
Reading of the Journal.
THE SECRETARY: In Senate,
Monday, March 10, the Senate met pursuant to
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adjournment. The Journal of Saturday,
March 8, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT BALBONI:
Without objection, the Journal stands approved
as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Senator Farley, why do you rise?
SENATOR FARLEY: Thank you, Mr.
President.
It is with a great pleasure that I
wish to introduce four visiting bishops that
are with us in the gallery. And we're honored
to have His Eminence, Cardinal Egan, with us
here today.
But I'd first like to introduce my
own bishop, Howard Hubbard, Bishop of Albany,
who's with us. Bishop Henry Mansell, the
Bishop of Buffalo, who is with us. And also
Bishop James Moynihan, Bishop of Syracuse.
And Bishop Dominick Lagonegro, Auxiliary
Bishop of New York.
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Welcome, and we're delighted to
have you with us.
ACTING PRESIDENT BALBONI: The
Secretary will read the report from the
Finance Committee.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations:
As a member of the Adirondack Park
Agency, Cecil Wray, Esquire, of New York City.
As a member of the Central New York
State Park, Recreation and Historic
Preservation Commission, Joan W. Compson, of
Clinton.
As a member of the Lake George Park
Commission, John C. McDonald, Jr., of
Ticonderoga.
As commissioners of the State
Insurance Fund, Robert H. Hurlbut, of Honeoye
Falls; and Charles L. Lodice, of Woodbury.
As a member of the Continuing Care
Retirement Community Council, Paul Rosenfeld,
of Staten Island.
As a member of the State Hospital
Review and Planning Council, Robert W.
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Hurlbut, of Rochester.
And as Major General of the New
York Army National Guard, Joseph J. Taluto, of
Fort Ann.
ACTING PRESIDENT BALBONI: The
question is on the confirmation of the
nominees as read by the Secretary.
All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI: Oppo
sed, nay.
(No response.)
ACTING PRESIDENT BALBONI: The
nominees are hereby confirmed.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 2231, by the Senate
Committee on Rules, an act to amend the Public
Authorities Law.
ACTING PRESIDENT BALBONI: Witho
ut objection, the bill is reported to third
reading.
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Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
move that we accept the Resolution Calendar in
its entirety, with the exception of Resolution
623.
ACTING PRESIDENT BALBONI: The
motion is in regard to the acceptance of the
Resolution Calendar in its entirety, with the
exception of that resolution noted by Senator
Skelos.
All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI: All
opposed, nay.
(No response.)
ACTING PRESIDENT BALBONI: The
Resolution Calendar is hereby adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could have the title read on Resolution
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Number 623 and move for its immediate
adoption.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 623,
memorializing Governor George E. Pataki to
proclaim the month of April 2003 as Autism
Awareness Month in the State of New York.
ACTING PRESIDENT BALBONI: Senat
or Skelos.
SENATOR SKELOS: Move the
resolution.
ACTING PRESIDENT BALBONI: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI: All
opposed, nay.
(No response.)
ACTING PRESIDENT BALBONI: The
resolution is adopted.
SENATOR SKELOS: Mr. President,
Senator Larkin has indicated that he'd like to
open up the resolution for cosponsorship.
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With the consent of the Minority, we'll put
everybody on the resolution. If they care not
to sponsor the resolution, they should notify
the desk.
ACTING PRESIDENT BALBONI: The
resolution is open for cosponsorship. If you
do not wish to be a cosponsor, please notify
the desk.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Corporations, Authorities and Commissions
Committee in the Majority Conference Room.
ACTING PRESIDENT BALBONI: There
will be an immediate meeting of the
Corporations, Authorities and Commissions
Committee in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
16, by Senator Volker, Senate Print 243, an
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act to amend the Criminal Procedure Law, in
relation to expanding the number of a victim's
family members.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
96, by Senator Hoffmann, Senate Print 188, an
act to amend the Agriculture and Markets Law,
in relation to defining dangerous dogs.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
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ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
136, by Senator Marcellino, Senate Print 801,
an act to amend the Vehicle and Traffic Law,
in relation to increasing the parameters.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
139, by Senator Skelos, Senate Print 551, an
act to amend the General Business Law, in
relation to the sale of laser pointing
devices.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 5. This
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act shall take effect on the first day of
September.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
147, by Senator Maziarz, Senate Print 264A, an
act to amend the Highway Law, in relation to
the designation of the "General Casimir
Pulaski Highway."
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
153, by Senator Kuhl, Senate Print 1247, an
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act to amend the Highway Law, in relation to
the temporary discontinuance.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
174, by Senator LaValle, Senate Print 916, an
act to amend the General Municipal Law, in
relation to allowing for the use of fire
training centers.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
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ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: Calendar Number
177, by Senator Spano, Senate Print 2850, an
act to amend the Tax Law, in relation to
enacting the Simplified Sales and Use Tax
Administration Act.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT BALBONI: Lay
that bill aside.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
177, by Senator Spano, Senate Print 2850, an
act to amend the Tax Law, in relation to
enacting the Simplified Sales and Use Tax
Administration Act.
SENATOR SCHNEIDERMAN: Explanati
on.
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ACTING PRESIDENT BALBONI: Sena
tor Spano, an explanation has been requested
of your bill.
SENATOR SPANO: Mr. President,
currently, 36 states in the nation have
entered into a compact to take a look at
streamlining the sales tax. It's called SSTP,
the Streamlined Sales Tax Project.
A recent University of Tennessee
study showed that we are currently losing,
this year alone, some $1 billion of
uncollected tax revenue as a result of the
Internet and uncollected sales through
e-commerce.
What this bill would simply do is
allow New York State to be at the table for
the discussions relative to the simplification
of the sales tax collections across this
nation, and to work with other states like
Massachusetts, which recently just passed a
bill very similar to this.
This bill does not bind the State
of New York to anything, but gives us a seat
at the table so that our voices would be
heard.
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ACTING PRESIDENT BALBONI: Senat
or Paterson.
SENATOR PATERSON: Actually, Mr.
President, I'm in support of this bill.
I asked for the explanation because
at a time when we are losing a projected
billion dollars a year, perhaps to a billion
and a half dollars a year, because of these
sales for which we as a state cannot receive
any taxes, if we can go into a consortium with
35 other states, it would be an immense
opportunity for us to try to retrieve some of
those resources.
And we commend Senator Spano for
his effort.
ACTING PRESIDENT BALBONI: Thank
you, Senator Paterson.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT BALBONI: The
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bill is passed.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT BALBONI: I'm
informed that there is not, Senator.
SENATOR SKELOS: There being no
further business, I move we stand adjourned
until Wednesday, March 12th, at 11:00 a.m.
ACTING PRESIDENT BALBONI: On
motion, the Senate stands adjourned until
Wednesday, March 12th, at 11:00 a.m.
(Whereupon, at 3:24 p.m., the
Senate adjourned.)