Regular Session - January 27, 2004
255
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 27, 2004
11:06 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
256
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: The Reverend
Terry Lee Beckwith is with us this morning to
give the invocation. He is pastor of Grace
Bible Church in Cohoes.
REVEREND BECKWITH: Let us pray.
Our heavenly Father, we read in the
Book of James that You have commanded us to
count it all joy. And the Apostle Peter
admonishes us to greatly rejoice when
experiencing suffering from sinners.
Lord, understanding that You're
refining our faith and our patience. It's to
that end that I pray this day for the ladies
and gentlemen of this Senate that Thou would
grant them wisdom and understanding, not only
to know but to do Your will, especially in
this manner of responding biblically to
257
suffering.
Heavenly Father, I would ask that
You would give to them the ability to both
acknowledge and accept that all things, good
and bad, even the sufferings that we
experience, come from Your sovereign hand.
And therefore, Lord, that we would rejoice, we
would respond with great faith, love,
humility, meekness and patience.
May You bless the ladies and
gentlemen here this day with the ability to
respond to any and all afflictions with a
spirit of great joy and thankfulness, knowing
that You are refining them, purifying them,
bringing them forth as gold.
It's in the precious name of Jesus
that we pray. Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, January 26, the Senate met pursuant to
adjournment. The Journal of Sunday,
January 25, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
258
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Energy Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Energy Committee in
the Majority Conference Room.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Rath,
from the Committee on Children and Families,
reports:
Senate Print 207, by Senator
Morahan, an act to amend the Family Court Act;
1015, by Senator Skelos, an act to
amend the Family Court Act;
1023A, by Senator Skelos, an act to
amend the Domestic Relations Law;
1913A, by Senator Saland, an act to
259
amend the Social Services Law;
1917, by Senator Saland, an act to
amend the Family Court Act;
And Senate Print 3041, by Senator
LaValle, an act to amend the Social Services
Law.
Senator LaValle, from the Committee
on Higher Education, reports:
Senate Print 298, by Senator
LaValle, an act to amend the Education Law;
And Senate Print 990, by Senator
Trunzo, an act to amend the Education Law.
All bills ordered direct to third
reading.
THE PRESIDENT: All bills ordered
direct to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Wright.
SENATOR WRIGHT: Thank you, Madam
President.
Madam President, on page number 13
I offer the following amendments to Calendar
260
Number 128, Senate Print Number 525, and ask
that said bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR WRIGHT: Madam President,
on behalf of Senator LaValle, on page number
13 I offer the following amendments to
Calendar Number 123, Senate Print Number
2027A, and ask that said bill retain its place
on the Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the 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.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 10,
Senator Kuhl moves to discharge, from the
Committee on Education, Assembly Bill Number
1892A and substitute it for the identical
261
Senate Bill Number 1487, Third Reading
Calendar 95.
On page 10, Senator Farley moves to
discharge, from the Committee on Education,
Assembly Bill Number 9166 and substitute it
for the identical Senate Bill Number 5715,
Third Reading Calendar 98.
And on page 11, Senator Saland
moves to discharge, from the Committee on
Education, Assembly Bill Number 9222 and
substitute it for the identical Senate Bill
Number 5756, Third Reading Calendar 99.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar,
with the exception of Resolutions 3221, 3240,
and 3282.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Resolutions 3221, 3240, and 3282,
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
262
(No response.)
THE PRESIDENT: The Resolution
Calendar is so adopted.
Senator Skelos.
SENATOR SKELOS: May we please
have the title read on Senator Bruno's
resolution, 3282, and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 3282, honoring
Pope John Paul II upon the occasion of
celebrating the 25th Anniversary of his
papacy, and commending his lifetime of
beneficent work.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
263
if we could open that resolution for
sponsorship by the entire membership.
If anybody wishes not to sponsor
the resolution, they should contact the desk.
THE PRESIDENT: Any member who
does not wish his or her name on the last
resolution, please notify the desk.
Senator Skelos.
SENATOR SKELOS: At this time if
we could take up Senator Rath's resolution,
Number 3221, have the title read, and move for
its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Rath,
Legislative Resolution Number 3221,
memorializing Governor George E. Pataki to
proclaim October 2004 as New York State
Coalition against Domestic Violence Month in
the State of New York, and commemorating its
25th Anniversary, to be celebrated February 2
through 3, 2004.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
264
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Also with that
resolution, if we could open that up for
sponsorship by the entire Senate.
If anybody wishes not to sponsor
it, they should notify the desk.
THE PRESIDENT: Any member who
does not wish to sponsor the last resolution
please notify the desk.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could have the title read on Resolution
3240, by Senator Breslin, and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Breslin, Legislative Resolution Number 3240,
commemorating the 100th Anniversary of the
New York State Association of Fire Chiefs.
THE PRESIDENT: All in favor of
265
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could open up that resolution for
sponsorship.
If anybody wishes not to sponsor
it, they should notify the desk.
THE PRESIDENT: Any member who
did not wish to sponsor the last resolution,
please notify the desk.
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
10, by Senator LaValle, Senate Print 2743, an
act to amend the Town Law, in relation to
exemption.
266
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
29, by Senator Maziarz, Senate Print 729B, an
act to amend the Vehicle and Traffic Law, in
relation to increasing penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
30, by Senator Marcellino, Senate Print 801,
267
an act to amend the Vehicle and Traffic Law,
in relation to increasing the parameters.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
77, by Senator Alesi, Senate Print 45, an act
to amend the Vehicle and Traffic Law, in
relation to extending the time of license
revocation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
268
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
78, by Senator Johnson, Senate Print 495, an
act to amend the Vehicle and Traffic Law, in
relation to limiting options.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
80, by Senator McGee, Senate Print 3518, an
act to amend the Vehicle and Traffic Law, in
relation to requiring the revocation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
269
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
81, by Senator Alesi, Senate Print 4420A, an
act to amend the Vehicle and Traffic Law, in
relation to additional penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
88, by Senator Skelos, Senate Print 551, an
act to amend the General Business Law, in
relation to the sale of laser pointing
devices.
THE PRESIDENT: Read the last
270
section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Crime Victims Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Crime Victims
Committee in the Majority Conference Room.
The Secretary will read.
THE SECRETARY: Calendar Number
91, by Senator Nozzolio, Senate Print 5443, an
act to amend the General Business Law, in
relation to the sale of monuments and
memorials.
THE PRESIDENT: Read the last
section.
271
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
98, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
9166, an act to amend Chapter 305 of the Laws
of 2003 authorizing the Hamilton Fulton
Montgomery Board of Cooperative Educational
Services.
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, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
101, by Senator Morahan, Senate Print 1766, an
272
act to amend the Military Law, in relation to
extending certain benefits.
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, 47.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
reading of the calendar.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, may I
have unanimous consent to be recorded in the
negative on Calendar 77, Senate Print S45.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Sabini.
SENATOR SABINI: Madam President,
may I ask unanimous consent to be listed in
the negative on Calendar Number 77, S45.
THE PRESIDENT: Hearing no
273
objection, you will be so recorded as voting
in the negative.
Senator Skelos.
SENATOR SKELOS: Madam President,
the Senate will stand at ease pending the
reports of two committees, and then we will
adjourn.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 11:17 a.m.)
(Whereupon, the Senate reconvened
at 11:30 a.m.)
ACTING PRESIDENT SEWARD: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, may we return to reports of
standing committees. I believe there are
reports at the desk.
ACTING PRESIDENT SEWARD: The
Secretary will read.
THE SECRETARY: Senator Nozzolio,
from the Committee on Crime Victims, Crime and
Correction, reports:
Senate Print 120, by Senator Alesi,
274
an act to amend the Correction Law;
1016, by Senator Skelos, an act to
amend the Correction Law;
3925, by Senator Skelos, an act to
amend the Correction Law;
4007, by Senator Skelos, an act to
amend the Correction Law;
4168, by Senator Skelos, an act to
amend the Correction Law;
4455, by Senator Skelos, an act to
amend the Correction Law;
5135, by Senator Skelos, an act to
amend the Correction Law;
5408A, by Senator Volker, an act to
amend the Correction Law;
And Senate Print 5985, by Senator
Nozzolio, an act to amend the Correction Law.
Senator Wright, from the Committee
on Energy and Telecommunications, reports:
Senate Print 444, by Senator
Hannon, an act to amend the State Technology
Law;
2301, by Senator DeFrancisco, an
act to amend the Public Service Law;
2758A, by Senator Wright, an act to
275
amend the Public Service Law;
3800A, by Senator Wright, an act to
amend the Public Authorities Law;
And Senate Print 4932A, by Senator
Wright, an act to amend the Energy Law.
Senator Velella, from the Committee
on Labor, reports:
Senate Print 1996, by Senator
Larkin, an act to amend the Labor Law;
3879, by Senator Maltese, an act to
amend the Labor Law;
5970, by Senator Velella, an act to
amend the Labor Law;
And Senate Print 5973, by Senator
Velella, an act to amend the Labor Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT SEWARD: All
bills reported directly to third reading.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, is there any housekeeping at the
desk?
ACTING PRESIDENT SEWARD: No.
SENATOR FUSCHILLO: There being
276
no further business, I move we adjourn until
Monday, February 2nd, at 3:00 p.m.,
intervening days being legislative days.
ACTING PRESIDENT SEWARD: On
motion, the Senate stands adjourned until
Monday, February 2nd, at 3:00 p.m.,
intervening days being legislative days.
(Whereupon, at 11:34 a.m., the
Senate adjourned.)