Regular Session - March 12, 2003
1008
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 12, 2003
11:05 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will please come to order.
Will everyone present please rise
and join me in repeating the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation today will be given by Father Peter
G. Young, from Blessed Sacrament Church in
Bolton Landing.
REVEREND YOUNG: Thank you,
Senator.
Dear God, as we heard a famous
Irish tenor on Monday to open the session, we
all listened. But when we meet in session,
sometimes we stop listening and use our
communication skills to advocate only our own
constituents' agenda.
God, You want us to communicate
with respect and care to each other, to each
Senator in this chamber, so we might show our
New York State citizens and constituents our
example of togetherness for the common good of
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New York State.
Help us to have an open ear and
hospitable mind as we listen, share, and build
community, instead of disunity, for New York
State citizens.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, March 11, the Senate met pursuant to
adjournment. The Journal of Monday, March 10,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Alesi.
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SENATOR ALESI: Thank you, Mr.
President.
I move to commit Senate Print
Number 2372, Calendar Number 200, on the order
of first report, to the Committee on Finance,
for Senator Flanagan.
ACTING PRESIDENT MEIER: So
ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 721, by
Senator Saland. May we have the title read
and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title.
THE SECRETARY: By Senator
Saland, Legislative Resolution Number 721,
honoring J. Winthrop Aldrich for his
ceaseless, dedicated service, by the Hudson
River Heritage, on Saturday, March 15, 2003.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
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opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I would move that Senate Bill 2678
be discharged from committee and be
recommitted with instructions to strike the
enacting clause, on behalf of Senator
Stavisky.
ACTING PRESIDENT MEIER: So
ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, Number 720,
by Senator Breslin. I ask that the title be
read and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title.
THE SECRETARY: By Senator
Breslin, Legislative Resolution Number 720,
honoring Uluss "Gus" Thompson for his
distinguished career in public service, upon
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the occasion of his retirement as
Commissioner, Albany Department for Children,
Youth, and Families.
ACTING PRESIDENT MEIER: All
those in favor of the resolution say aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
50, by Senator Little, Senate Print 741A, an
act making certain findings and determinations
with respect to a bond anticipation note.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
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THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
83, by Senator Alesi, Senate Print 950, an act
to amend the Penal Law, in relation to
endangering the welfare of a child.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
105, by Senator DeFrancisco, Senate Print
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1143, an act to amend the Penal Law, in
relation to the payment of reparation or
restitution.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
115, by Senator Volker, Senate Print 1437, an
act to amend the Penal Law, in relation to
criminal mischief in the third degree.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 40.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
138, by Senator Velella, Senate Print 98, an
act to amend the General Business Law, in
relation to trash dumpsters.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
148, by Senator Padavan, Senate Print 531, an
act to amend the Vehicle and Traffic Law, in
relation to prohibiting holders of learner's
permits.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
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bill aside.
THE SECRETARY: Calendar Number
149, by Senator Marcellino, Senate Print 764,
an act to amend the Vehicle and Traffic Law,
in relation to the number of prior
suspensions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Thank you, Mr.
President. If we could go to the
controversial reading.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
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THE SECRETARY: Calendar Number
148, by Senator Padavan, Senate Print 531, an
act to amend the Vehicle and Traffic Law, in
relation to prohibiting holders of learner's
permits.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Padavan, an explanation has been requested by
Senator Schneiderman.
SENATOR PADAVAN: Thank you, Mr.
President.
Currently the Commissioner of Motor
Vehicles enforces regulations that prohibits
giving driving instruction in those specific
areas where the driving test will be given.
The reasons for that are twofold.
Number one, it certainly precludes the
validity, to some degree, of a test being
appropriate for that person when they're
taking it. And, secondly, it has impact on
the surrounding community, which is constantly
being subjected to people preparing for these
tests by driving around their community, and
many of them are in residential areas.
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Now, even though this regulation
prohibits this, the local police department is
reluctant to become involved because it is not
part of the Vehicle and Traffic Law. And so
this bill would accomplish that end.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would yield
for a question.
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yeah.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: The
explanation certainly makes complete sense. I
wonder if there is any way in this
legislation, though, to accommodate someone
who has a learner's permit who actually lives
in the designated road-test area. Has that
ever been taken into account?
SENATOR PADAVAN: If someone
lives specifically in the road-test area and
is being -- is driving, consistent with the
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restrictions of a permit, from Point A to
Point P and goes through that area, obviously
that doesn't apply here. And I don't see that
it would be a problem.
It's certainly never been a problem
in terms of the state regulations.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if I could interrupt, there will be an
immediate meeting of the Environmental
Conservation Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Environmental
Conservation Committee in the Senate Majority
Conference Room.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor will yield
for one final clarification.
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
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SENATOR SCHNEIDERMAN: So then my
understanding is correct that this would not
prohibit someone who has a learner's permit
who lives in a designated road-test area from
getting in their car and driving through the
road-test area to some other location to
practice; is that correct?
SENATOR PADAVAN: It does not.
And that has not been a problem, I
repeat, with the current regulations that are
enforced today by the Department of Motor
Vehicles.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. Thank the sponsor for his
answers. On the bill very briefly.
This makes complete sense. I hope
that if there is a problem that arises with
regard to anyone who lives in a road-test
area, that we will be attentive to it and deal
with it through regulation or otherwise.
Otherwise, the bill certainly
sounds sensible, and I will vote in favor of
it.
ACTING PRESIDENT MEIER: Senator
Diaz.
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SENATOR DIAZ: Would the
sponsor -- through you, Mr. President, would
the sponsor yield for a question?
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question from
Senator Diaz?
SENATOR PADAVAN: Yes. Yes, I
do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DIAZ: If this bill
passes, would it be every day or only the day
the streets are used for the road test? That
would include Saturdays and Sundays too?
SENATOR PADAVAN: Currently the
state regulations issued by the Commissioner
of Motor Vehicles preclude that test area --
let's say it's four square blocks, in your
district or anyone else's -- from being used
by an individual or a driving school as a
prelude to the actual taking of the test in
that specific area. So it would be applicable
at any time.
SENATOR DIAZ: Thank you, Mr.
President.
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ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 148 are
Senators Diaz, Duane, and Parker. Ayes, 52.
Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Duane, why do you rise?
SENATOR DUANE: I was hoping I
could have unanimous consent to be recorded in
the negative on Calendar Number 115.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar 115.
Senator Parker, why do you rise?
SENATOR PARKER: Mr. President,
I'm also rising to ask for unanimous consent
to be recorded in the negative on Calendar
Number 115.
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ACTING PRESIDENT MEIER: Without
objection, Senator Parker will be recorded in
the negative on Calendar 115.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR SKELOS: There being no
further business, I move that the Senate
stands adjourned until Monday, March 17th, at
3:00 p.m., intervening days being legislative
days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, March 17th, at 3:00 p.m. Intervening
days will be legislative days.
(Whereupon, at 11:17 a.m., the
Senate adjourned.)