Regular Session - May 7, 2003
2427
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 7, 2003
11:05 a.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT McGEE: 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 McGEE: In view
of we have no clergy with us today, I ask we
all join in bowing our heads for a moment of
silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, May 6, the Senate met pursuant to
adjournment. The Journal of Monday, May 5,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
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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 Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Hoffmann, on
page 29 I offer the following amendments to
Calendar 350, Senate Print 187A, and I ask
that that bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR FARLEY: Madam President,
on page 32, on behalf of Senator Maziarz, I
offer the following amendments to Calendar
389, Senate Print 3391, and I ask that that
bill retain its place on the Third Reading
Calendar.
2430
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there are substitutions at the desk.
If we could make them at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 4,
Senator Nozzolio moves to discharge, from the
Committee on Health, Assembly Bill Number 501B
and substitute it for the identical Senate
Bill Number 312A, First Report Calendar 621.
On page 12, Senator Robach moves to
discharge, from the Committee on Civil Service
and Pensions, Assembly Bill Number 5104 and
substitute it for the identical Senate Bill
Number 3911, First Report Calendar 703.
On page 13, Senator Robach moves to
discharge, from the Committee on Civil Service
and Pensions, Assembly Bill Number 5916 and
substitute it for the identical Senate Bill
Number 4197, First Report Calendar 708.
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On page 44, Senator Morahan moves
to discharge, from the Committee on Elections,
Assembly Bill Number 5033 and substitute it
for the identical Senate Bill Number 4142A,
Third Reading Calendar 588.
And on page 45, Senator Volker
moves to discharge, from the Committee on
Corporations, Authorities and Commissions,
Assembly Bill Number 8353 and substitute it
for the identical Senate Bill Number 3985A,
Third Reading Calendar 665.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Yes, Madam
President, there will be an immediate meeting
of the Insurance Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Insurance Committee
in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: If we could go
to the noncontroversial reading of the
calendar.
2432
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
122, by Senator McGee, Senate Print 1262, an
act to amend the Vehicle and Traffic Law, in
relation to providing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
September.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
133, by Senator Alesi, Senate Print 45, an act
to amend the Vehicle and Traffic Law, in
relation to extending the time of license
revocation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
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act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 35. Nays,
2. Senators DeFrancisco and Sabini recorded
in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
135, by Senator Johnson, Senate Print 495, an
act to amend the Vehicle and Traffic Law, in
relation to limiting options.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
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ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
390, by Senator Marcellino, Senate Print 769A,
an act to amend the Navigation Law, in
relation to providing an exemption.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
487, by Senator Skelos, Senate Print 2841, an
act to amend Chapter 380 of the Laws of 2002
relating to establishing four separate and
independent library funding districts.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2435
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
492, by Senator McGee, Senate Print 2860A, an
act to amend the Vehicle and Traffic Law, in
relation to requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
September.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
596, by the Senate Committee on Rules, Senate
Print Number 4864A, an act to amend the Tax
Law, in relation to authorizing the County of
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Sullivan.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
620, by Senator McGee, Senate Print 4873, an
act to amend Chapter 533 of the Laws of 1993,
amending the Vehicle and Traffic Law and the
Correction Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Krueger.
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SENATOR LIZ KRUEGER: I just rise
to explain my vote.
ACTING PRESIDENT McGEE: Senator
Krueger, to explain her vote.
SENATOR LIZ KRUEGER: Thank you.
I will be voting yes on this bill,
but I also feel it's important to mention that
it is today the 30th anniversary of the
Rockefeller Drug Laws.
And while this bill is specifically
related to driving license suspension and drug
use, which I certainly can support, I again
highlight for this floor and for this chamber
that it is now 30 years since we passed the
Rockefeller Drug Laws, and it is way past time
for us to get to work to evaluate the fact
that these are failed laws, that we are
putting people into prison for extended
periods of time for low-level, nonviolent drug
offenses.
And while I would argue that it is
not too strict to take away a driver's
license, the right to drive, for people who
are guilty of using drugs and driving, I do
object to the fact that we are not dealing
2438
with the bigger problems for drug laws in this
state.
Thank you very much.
ACTING PRESIDENT McGEE: Senator
Krueger will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
665, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
8353, an act to amend the Public Authorities
Law and the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Duane.
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SENATOR DUANE: Thank you, Madam
President. If I may have unanimous consent to
be recorded in the negative on Calendar Number
122, 138, 390, and 492.
ACTING PRESIDENT McGEE: There is
not a 138, Senator Duane. Would you care
to --
SENATOR DUANE: Either that, or I
need to get reading glasses.
ACTING PRESIDENT McGEE: Are you
suggesting 133, perhaps?
SENATOR DUANE: I am. I am.
Thank you, Madam President.
ACTING PRESIDENT McGEE: So 122,
133 --
SENATOR DUANE: 390 and 492.
ACTING PRESIDENT McGEE: -- 390
and 492.
SENATOR DUANE: Bingo.
ACTING PRESIDENT McGEE: The
Secretary will record.
Thank you very much, Senator Duane.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like unanimous consent to
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be recorded in the negative on Calendar 122.
ACTING PRESIDENT McGEE: The
Secretary will note.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: Senator
Skelos, that concludes the reading of the
calendar.
SENATOR SKELOS: Thank you, Madam
President.
There will be an immediate meeting
of the Local Governments Committee in the
Majority Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Local Governments
Committee in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT McGEE: No
housekeeping at the desk at the present
moment.
SENATOR SKELOS: Madam President,
there being no further business to come before
the Senate, I move we adjourn until Monday,
May 12th, at 3:00 p.m., intervening days being
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legislative days.
ACTING PRESIDENT McGEE: The
Senate will stand adjourned until Monday,
May 12th, at 3:00 p.m. The intervening days
will be considered legislative days.
(Whereupon, at 11:15 a.m., the
Senate adjourned.)