Regular Session - January 21, 2004
173
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 21, 2004
11:05 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: 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.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, January 20, the Senate met pursuant
to adjournment. The Journal of Monday,
January 19, 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 McGee,
from the Committee on Alcoholism and Drug
Abuse, reports:
Senate Print 45, by Senator Alesi,
an act to amend the Vehicle and Traffic Law;
495, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
2859, by Senator McGee, an act to
amend the Vehicle and Traffic Law;
3518, by Senator McGee, an act to
amend the Vehicle and Traffic Law;
4420, by Senator Alesi, an act to
amend the Vehicle and Traffic Law;
And Senate Print 4987, by Senator
Maziarz, an act to amend the Vehicle and
Traffic Law.
Senator Rath, from the Committee on
Children and Families, reports:
Senate Print 517, by Senator
Balboni, an act to amend the Family Court Act;
556, by Senator Skelos, an act to
amend the Family Court Act;
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1825, by Senator Meier, an act to
amend the Domestic Relations Law;
3127, by Senator Volker, an act to
amend the Criminal Procedure Law;
And Senate Print 5711A, by Senator
DeFrancisco, an act to amend the Social
Services Law.
Senator Fuschillo, from the
Committee on Consumer Protection, reports:
Senate Print 551, by Senator
Skelos, an act to amend the General Business
Law;
3939A, by Senator Balboni, an act
to amend the General Business Law;
5443, by Senator Nozzolio, an act
to amend the General Business Law;
And Senate Print 5860, by Senator
Fuschillo, an act to amend the General
Business Law.
Senator Saland, from the Committee
on Education, reports:
Senate Print 216, by Senator
Saland, an act to authorize the City School
District of the City of Poughkeepsie;
988, by Senator Leibell, an act to
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authorizing the Pawling Central School
District;
1487, by Senator Kuhl, an act to
amend the Education Law;
1591A, by Senator Seward, an act in
relation to creating;
2611, by Senator LaValle, an act to
authorize payment;
5715, by Senator Farley, an act to
amend Chapter 305 of the Laws of 2003;
And Senate Print 5756, by the
Senate Committee on Rules, an act to amend
Chapter 695 of the Laws of 2003.
All bills ordered direct to third
reading.
THE PRESIDENT: All bills
reported direct to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Maziarz, on
page number 5, I offer the following
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amendments to Calendar Number 13 and ask that
said bill retain its place on Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on Third Reading Calendar.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time adopt the Resolution
Calendar, with the exception of Resolution
3117.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Resolution 3117, please signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time have the title read on
Resolution 3117.
THE PRESIDENT: The Secretary
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will read.
THE SECRETARY: By Senator
Connor, Legislative Resolution Number 3117,
commemorating the Asian-American community's
celebration of the Lunar New Year 4702, the
Year of the Monkey, on January 22, 2004.
SENATOR CONNOR: Madam President.
THE PRESIDENT: Senator Connor.
SENATOR CONNOR: Thank you, Madam
President.
Tomorrow is the lunar new year, in
which those who follow it, principally
Asian-Americans in New York and elsewhere,
will celebrate the new year, the Year of the
Monkey.
According to the legend, or
tradition, Buddha invited the animals of the
world to visit him, rewarding those who came
by naming a year in their honor. Each animal,
in turn, gave its characteristics to the
people born in the year.
This resolution, of course, has
been an annual event in the Senate as well as
in the Assembly, and the Speaker is the
sponsor in the Assembly of this resolution.
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The way it works is every 12 years,
the animal sign is repeated. So that people
born in the sign of the monkey, for example,
would be -- I'll pick some sample years --
would be 1944, 1956, 1932. Those years may
resonate with some of my colleagues. If you
were born in those years, you were born in the
sign of the monkey.
People born in the Year of the
Monkey are very intelligent, well-liked by
everyone, and will have success in every field
they choose. Those born under the sign of the
monkey are very energetic people and like lots
of activity. Being loyal, upbeat and good
listeners are traits of those born in the sign
of the monkey, and they can be with several
types of people and fit in easily.
There are some other traits that
other sources denote that are human traits and
not quite as flattering; nothing really bad.
Those born in the Year of the Monkey certainly
are fine people to have among us.
I would invite all of my colleagues
who wish to join in cosponsoring this
resolution. Unlike some past years, it
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doesn't relate to a particular event, so it's
appropriate for presentation at the many, many
different Asian-American lunar new year
celebrations that I know will be going on
throughout the state.
Thank you, Madam President.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I think I join Senator Connor in
urging everyone to celebrate this great
holiday.
And I just wanted to add a few
words for our Chinese friends, constituents,
and brothers and sisters. And although
Senator Connor and Senator Stavisky and some
others have large constituencies, all of us
have some people who are celebrating this
holiday. So [continuing in Chinese].
Thank you.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
given the circumstance of what we have before
the house, I would recommend that we open this
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resolution to anyone that would care to be on
it, and any exceptions please notify the desk.
And thank you.
THE PRESIDENT: If any member
does not wish their name on this resolution,
please notify the desk.
All in favor of adopting Resolution
3117, by Senator Connor, please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can I ask for an immediate meeting of the
Transportation Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Transportation
Committee in the Majority Conference Room.
Senator Bruno.
SENATOR BRUNO: Can we at this
time have the noncontroversial reading of the
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calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
36, by Senator Balboni, Senate Print 512A, an
act to amend the Penal Law, in relation to
increasing the criminal penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 12. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
37, by Senator Skelos, Senate Print 550, an
act to amend the Penal Law, in relation to
sexual assault against a child.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
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November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
40, by Senator Velella, Senate Print 3183, an
act to amend the Criminal Procedure Law, in
relation to the commission of crimes against
children.
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
44, by Senator Spano, Senate Print 5278A, an
act to amend the Penal Law, in relation to the
commission of aggravated sexual abuse.
SENATOR SCHNEIDERMAN: Lay it
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aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
45, by Senator Golden, Senate Print 5279A, an
act to amend the Penal Law, in relation to
promoting prostitution.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
46, by Senator Balboni, Senate Print 5280A, an
act to amend the Penal Law, in relation to
disseminating indecent material.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 14. This
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act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
62, by Senator Farley, Senate Print 2059, an
act to amend the Environmental Conservation
Law, in relation to making technical
corrections thereto.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
Senator Bruno, that completes the
noncontroversial reading of the calendar.
SENATOR BRUNO: Thank you, Madam
President. Can we at this time take up the
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controversial calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
44, by Senator Spano, Senate Print 5278A, an
act to amend the Penal Law, in relation to the
commission of aggravated sexual abuse in the
third degree.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, briefly on the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR SCHNEIDERMAN: I've
supported Senator Spano's bill in the past,
and I will do so again today.
In recent sessions we've done a
good job of enhancing penalties, closing
loopholes, and otherwise modernizing the
state's sexual assault laws. But although
great strides have been made, we really have
not done nearly as good a job in providing
emergency care to sexual assault survivors.
I want to note that a 2003 survey
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by the New York State Coalition Against Sexual
Assault found that New York hospitals need to
be -- are not consistent in their delivery of
emergency services for rape survivors.
63 percent of hospitals do not have a sexual
assault examiner, sexual assault nurse, or
sexual assault forensic examiner program at
their facilities.
We passed legislation last year
requiring that emergency contraception be made
available to rape survivors. But we really do
need to move forward to ensure that we're not
just toughening penalties but we are also
providing for the victims. And that is
something that the state has lagged on much
more seriously than we have in our efforts to
tighten up the criminal code.
So I support this legislation, but
I hope that we will be able to move forward in
a balanced way as the session continues and do
something to ensure that rape survivors do get
the care that they're entitled to under the
law, which now, unfortunately, they're not
receiving.
Thank you, Madam President.
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THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 33. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
Senator Bruno, that completes the
controversial reading of the calendar.
SENATOR BRUNO: Madam President,
for the information of the members, following
the report of the committee that's out, we're
going to ask for a meeting of the Veterans and
Homeland Security Committee, and then,
following that, a meeting of the Corporations
Committee.
And we'll await their reports and
until that time, if necessary, stand at ease.
THE PRESIDENT: The Senate stands
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at ease.
(Whereupon, the Senate stood at
ease at 11:20 a.m.)
(Whereupon, the Senate reconvened
at 11:38 a.m.)
ACTING PRESIDENT MAZIARZ:
Senator Skelos.
SENATOR SKELOS: Mr. President,
on behalf of Senator Balboni, there will be an
immediate meeting of the Veterans, Homeland
Security and Military Affairs Committee.
ACTING PRESIDENT MAZIARZ: There
will be an immediate meeting of the Veterans
and Homeland Security Committee in Room --
SENATOR SKELOS: In the Majority
Conference Room.
ACTING PRESIDENT MAZIARZ: In the
Majority Conference Room.
SENATOR SKELOS: And we'll stand
at ease.
ACTING PRESIDENT MAZIARZ: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:39 a.m.)
(Whereupon, the Senate reconvened
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at 11:45 a.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Would you please
recognize Senator Montgomery.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Thank you,
Mr. President.
I would like unanimous consent to
be recorded in the negative on Calendar
Numbers 44 and 45.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar Numbers 44 and 45.
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Corporations
Committee in the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Corporations
Committee in the Majority Conference Room.
SENATOR SKELOS: And I believe
there's some housekeeping at this time, if you
192
would recognize Senator Fuschillo.
ACTING PRESIDENT MEIER: Yes.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
I offer the following amendments to
Calendar Number 82, Senate Print Number 4987,
and ask that said bill retain its place on
Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on page number 4 I offer the
following amendments to Calendar Number 9,
Senate Print Number 2066, and ask that said
bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Skelos.
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SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report at the
desk. If we could have it read at this time.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Kuhl,
from the Committee on Transportation, reports
the following bills:
Senate Print 397A, by Senator
Johnson, an act to amend the Vehicle and
Traffic Law;
417, by Senator Bonacic, an act to
amend the Vehicle and Traffic Law;
426, by Senator Volker, an act to
amend the Vehicle and Traffic Law;
764, by Senator Marcellino, an act
to amend the Vehicle and Traffic Law;
776, by Senator Marcellino, an act
to amend the Vehicle and Traffic Law;
785, by Senator Marcellino, an act
to amend the Vehicle and Traffic Law;
788, by Senator Marcellino, an act
to amend the Vehicle and Traffic Law;
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907, by Senator McGee, an act to
amend Vehicle and Traffic Law;
1735A, by Senator Skelos, an act to
amend the Highway Law;
2754A, by Senator McGee, an act to
amend the Highway Law;
2974A, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
3033, with amendments, by Senator
Kuhl, an act in relation to requiring;
3438, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
4230, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
4468, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
And Senate Print 5236, by Senator
Spano, an act to amend the Vehicle and Traffic
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills reported directly to
third reading.
Senator Skelos.
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SENATOR SKELOS: Mr. President,
if we could just stand at ease, there will be
two more committee reports and then we'll
adjourn.
So, members, either keep your seats
or, if you want to move on, this is the time
to do it.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:50 a.m.)
(Whereupon, the Senate reconvened
at 11:55 a.m.)
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Would you
recognize Senator Parker, please.
ACTING PRESIDENT MEIER: Yes.
Senator Parker.
SENATOR PARKER: Yes, Mr.
President. I'd like to request unanimous
consent to be recorded in the negative on
Senate Bill 5278A.
ACTING PRESIDENT MEIER: Without
objection, Senator Parker will be recorded in
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the negative on Calendar Number 44.
(Whereupon, the Senate stood at
ease at 11:56 a.m.)
(Whereupon, the Senate reconvened
at 11:59 p.m.)
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Mr. President,
I understand there's a report from the
Veterans and Homeland Security Committee at
the desk.
Can we go to reports of committees.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Balboni,
from the Committee on Veterans, Homeland
Security and Military Affairs, reports:
Senate Print 87, by Senator
Maltese, an act to amend the Real Property Tax
Law;
783A, by Senator Marcellino, an act
to amend the Vehicle and Traffic Law;
1766, by Senator Morahan, an act to
amend the Military Law;
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3046, by Senator Morahan, an act to
amend the Executive Law;
And Senate Print 4022, by Senator
Balboni, an act to amend the Education Law.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Leibell,
from the Committee on Corporations,
Authorities and Commissions, reports:
Senate Print 1970, by Senator
Marchi, an act to amend Chapter 631 of the
Laws of 1947;
2989A, by Senator Spano, an act to
amend the Public Authorities Law;
And Senate Print 4327, by Senator
Bonacic, an act to amend the Public
Authorities Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: All
bills directly to third reading.
Senator Velella.
SENATOR VELELLA: Mr. President,
there being no further business, I move that
we adjourn until Monday, January 26th, at
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3:00 p.m., intervening days to be legislative
days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, January 26th at 3:00 p.m. Intervening
days will be legislative days.
(Whereupon, at 12:01 p.m., the
Senate adjourned.)