Regular Session - March 9, 2004
896
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 9, 2004
3:10 p.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 come to order.
I ask everyone present to please
rise and join me in the Pledge of Allegiance
to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: We are
honored to have the invocation offered by
His Eminence, Edward Cardinal Egan, Archbishop
of the Roman Catholic Archdiocese of New York.
ARCHBISHOP EGAN: I want to thank
Senator Meier for being so kind, and thank all
of you for the invitation.
I had some wonderful meetings this
morning with several of the Senators, and with
our good Governor, and it is always, for me,
an honor and a privilege to be here and to be
with you. So allow me to thank you for this
great honor.
Almighty and Eternal Father, we
place ourselves in Your presence to ask Your
blessing. This day we seek Your loving care
for all who govern us in this Empire State of
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New York. May they be women and men of
justice, who see in each and every citizen an
image of God, endowed with rights that must
always be respected and protected.
May they be women and men of
compassion who strive, in season and out of
season, to care in a special, loving way for
those who are the neediest among us.
May they be women and men committed
to support of our families, our children, our
most distressed communities, and the newcomers
and strangers in our midst. May their voices
be heard on behalf of peace in our streets and
peace across the world.
May all of their families, those
whom they love and those who love them, enjoy
the grace and blessing of a provident God who
cares for each of us, loves each of us, and
begs each of us to walk in the style, in the
manner of holiness and goodness.
All of this we beg with trust, now
and forever. Amen.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you, Mr.
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President.
On behalf of my colleagues, Your
Eminence, let me welcome you to Albany and to
the Senate chamber, and thank you for that
beautiful opening prayer.
And also, on behalf of the Irish
legislators, I'd like to extend an open
invitation to our St. Patrick's Day party next
week. And there will be no charge if you
agree to sing.
Happy St. Patrick's Day.
ARCHBISHOP EGAN: (Laughing.)
Senator Farley, you have no idea
how much I would like to accept that
invitation. And I assure you that I'd even do
the singing.
But in the city of New York, there
are six St. Patrick's Day dinners. Each year
I go to four. Each year two are disappointed
and wonder what's wrong with me. So I dare
not add another.
But if I can escape, believe me,
Senator, I'll come up here and we can sing
together. Thank you for the invitation.
(Applause.)
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ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, March 8, the Senate met pursuant to
adjournment. The Journal of Friday, March 5,
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.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations:
As Commissioner of the Office of
Mental Health, Sharon E. Carpinello, of East
Greenbush.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination, Mr. President.
901
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President and
colleagues, it's an honor and privilege for me
to stand in support of Dr. Carpinello as the
commissioner coming in in Mental Health.
Sharon has been a good friend to a
lot of us in the Capital Region and in this
state for a lot of years. Her husband serves
as an esteemed judge for a lot of years.
So doing things in the community,
public service is not strange to the family or
to Sharon. She's a registered nurse by
profession, and has earned her Ph.D. in
education, and has received more awards for
her commitment and her work than we can relate
here today.
So we are very fortunate that
Dr. Carpinello continues in state service.
And I commend the Governor for his good
judgment in proposing Dr. Carpinello to us,
and I wholeheartedly support moving her
nomination.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
902
nomination?
Senator Libous.
SENATOR LIBOUS: Thank you, Mr.
President. I want to second Senator Bruno's
nomination in nominating Dr. Carpinello.
Certainly the Governor has sent us
a very well qualified candidate. As I said in
the Finance Committee meeting this morning, I
would ask each of my colleagues to take a
moment and look at her resume. It is a resume
that is quite distinguished, a resume full of
accomplishments, and many of those
accomplishments are in her field, in the field
of mental health.
As I said to the members of the
Finance Committee this morning, one of the
things that I am very pleased about is that
Acting Commissioner Carpinello cares very
deeply, not only for all of the mentally ill,
but particularly in setting up programs for
children's mental illness.
This is an area that I don't think
a day goes by that someone does not at least
cross my office, and I know many of my
colleagues' office, in discussing these
903
issues.
We've got some challenges. We have
to continue to eliminate the stigma that the
mentally ill have in this state. And I think
Dr. Carpinello will do a great job at being an
ambassador on behalf of all those individuals
in New York State with mental illness, and all
those who support, the advocates, and
individuals like myself who believe in the
cause.
So it is an honor for me to second
the Governor's very worthy nominee.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Thank you, Mr.
President.
You know, very often people who
suffer from mental illness are the forgotten
people. They don't have lobbyists walking
through the halls of this Capitol speaking out
on their behalf. But every once in a while,
we get a real true advocate and someone who
has dedicated a lifetime to dealing with a
very difficult population.
Dr. Carpinello has been that type
904
of career professional that we can be proud of
who will make sure that we treat people who,
through no fault of their own, were born or
who suffer from a mental illness, to make sure
that they are treated with dignity, to make
sure that we continue to build that
community-based system of care across the
state for people who need help and support
from government, and to make sure that we pay
attention to the issues of early intervention
and to children's services and adolescent
services.
I commend the Governor for an
outstanding appointment and very
enthusiastically join with Senator Bruno and
Senator Libous in seconding the nomination of
Sharon Carpinello to serve as our commissioner
of mental health.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Diaz.
SENATOR DIAZ: Thank you, Mr.
President.
I just want to comment on the
nomination. I am here to support the
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nomination also. But I have to say that, as I
always say, I'm from the South Bronx. I
represent a minority community, a black and
Hispanic community.
And hopefully, I hope, that with
the appointment of Commissioner Sharon
Carpinello to this department, the injustice
the injustice that this department has done in
my community could be amended. Because last
year, last year the Governor cut $4 million to
the whole state. So it was supposed to be
that if you cut $4 million, then the cut
should be across the board. But one, only
one, one organization, in the South Bronx,
that serves black and Hispanics, was cut
10 percent out of the $4 million. One
organization in the minority community.
That's an injustice done last year to an
organization in my community, in my district.
And I hope that with this
nomination, this kind of injustice -- that I
would not want to call a discriminatory
decision, but it was an injustice to put
10 percent of the whole state cut to one
organization, and that organization happens to
906
be in the black and Hispanic community.
Yes, I support this nomination.
But I hope that things change in that
department. Thank you.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Sharon E.
Carpinello as Commissioner of the Office of
Mental Health. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Commissioner Carpinello is with us
today in the gallery. She is accompanied by
her husband, the Honorable Anthony Carpinello;
by her daughter, Amy; she's also accompanied
by her sister, Sue Rutter; her mother-in-law,
Jennie Carpinello; her sister-in-law, Beth;
and her brother-in-law, George Carpinello.
Commissioner, we congratulate you
and we wish you all the best with your
important duties.
907
(Applause.)
ACTING PRESIDENT GOLDEN: The
Secretary will read.
THE SECRETARY: As Commissioner
of the Office of Temporary and Disability
Assistance, Robert L. Doar, of Millerton.
ACTING PRESIDENT GOLDEN: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
ACTING PRESIDENT GOLDEN: Senator
Meier.
SENATOR MEIER: Thank you, Mr.
President.
I'm pleased to second the
nomination of Robert Doar as Commissioner of
the Office of Temporary Disability Assistance.
As chair of Social Services, I've
had the opportunity to work with soon-to-be
Commissioner Doar. One of his significant
accomplishments, working under his
predecessor, has been to work with our child
support system. And I must tell you that
New York State has really become a model for
other states around the country in terms of
908
how we collect the obligation of parents to
care for their children. And a lot of that is
because of a system that Bob Doar put in place
and has carried forward.
I am convinced that one of the best
things that we in this Legislature have done
in the last few years has been the radical
reform and transformation of the welfare
system. We have transformed it from one that
uses taxpayers' dollars to trap people in
dependence to one which moves people towards
employment, towards independence, towards full
participation in society.
That is a transformation that
Commissioner Doar has participated in and
helped manage in his former life. And one of
the important things about Bob Doar is he is
committed to that mission. Commissioner of
the Office of Temporary and Disability
Assistance will be, for him, more than a job,
it will be a mission, as we work to help
people to become independent and to become
contributing members of this great society
that we call the great State of New York.
Commissioner, I'm proud to second
909
your nomination and wish you all the best and
look forward to continuing to work with you.
ACTING PRESIDENT GOLDEN: Senator
Bruno.
SENATOR BRUNO: Mr. President and
Chairman Meier, I am also happy to rise in
support in seconding the nomination of Bob
Doar as commissioner.
And as Senator Meier indicated,
this commissioner comes with a depth and
wealth of experience in life, in business, as
well as in dealing with people who are
disabled temporarily, receiving assistance
through the state.
And when you take a look at what he
has done so far, it is very, very impressive.
Because, as Senator Meier indicated, New York
has become a model in helping people
temporarily disabled get back into a
productive way of living. And I think that
the numbers have been reduced by about
63 percent since this commissioner has been in
place.
And if I'm not mistaken, those
people that are willing to step up and be
910
supportive, as they're supposed to legally,
have gone up in terms of his leadership from
about $600 million to about a billion dollars
that is due for the support of people.
So that's really a credit to the
commissioner, a credit again to the Governor
for selecting people who are able, capable,
and dedicated to public service.
Thank you, Mr. President.
ACTING PRESIDENT GOLDEN: Senator
Saland.
SENATOR SALAND: Thank you, Mr.
President. I too rise to second the
nomination of Rob Doar.
In my prior life, I served as the
chairman of Senate Children and Families
Committee, and chair of the Human Services
Budget Conference Subcommittee, which is so
ably chaired by Senator Meier, and in that
capacity I had numerous opportunities to
deal -- in both of those capacities, numerous
opportunities to deal with Rob Doar, a fine
gentleman whom I knew also in another prior
life when he was a roving reporter for the
Taconic Press in Dutchess County.
911
Rob is not only extremely engaging
and bright, but certainly extraordinarily
dedicated, and did do some extraordinarily,
wonderfully focused and meaningful changes,
was responsible for many changes in our
support laws. I'm sure he brings to his new
position the same kind of zest; certainly, no
lack of the same intellect.
And I'm confident that Governor
Pataki, once again, has chosen extremely
wisely in his choice of commissioners. And I
look forward to working with him as he moves
the agenda forward on behalf of the Governor.
ACTING PRESIDENT GOLDEN: Senator
Leibell.
SENATOR LEIBELL: Thank you, Mr.
President.
I want to join with the Majority
Leader and my colleagues in support of this
nomination.
And, like Senator Saland, I
remember when Bob Doar was a young reporter in
Dutchess County. We know you were not
responsible for any of the bad editorials,
only the good ones.
912
But you have, seriously, played a
major role for this administration as we have
attempted to work with and to reform our
welfare system. In fact, you have become a
national leader in your area of expertise.
I want to congratulate the Governor
for sending us this truly superb nomination
today and wish you well. And I know you'll
continue to do a great job for the people of
the State of New York.
Thank you.
ACTING PRESIDENT GOLDEN: Any
other Senators wish to be heard on this
nomination?
The question is on the confirmation
of Robert Doar as Commissioner of the Office
of Temporary and Disability Assistance. All
in favor signify yea.
(Response of "Aye.")
ACTING PRESIDENT GOLDEN: Any
nays? Any opposed?
(No response.)
ACTING PRESIDENT GOLDEN: I
hereby confirm Robert Doar as Commissioner of
the Office of Temporary and Disability
913
Assistance.
(Applause.)
ACTING PRESIDENT GOLDEN: Joining
him in the gallery is his wife, Sara Doar; his
son, Michael; son, Andrew; daughter, Julie;
son, Bobby; mother, Anne; sister, Gael; and
his father-in-law, Harry Schroeder, and Julie
Schroeder, his mother-in-law.
Congratulations.
The Secretary will read.
THE SECRETARY: As a member of
the Workers' Compensation Board, David P.
Wehner, of Slingerlands.
ACTING PRESIDENT GOLDEN: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
ACTING PRESIDENT GOLDEN: Senator
Velella.
SENATOR VELELLA: Mr. President,
it gives me great pleasure to rise and support
the nomination of David Wehner to the position
of member of the Workers' Compensation Board.
I've known Dave many years. His
service both in the United States Senate and
914
in the Labor Department of this state truly
qualify him for this position.
At a time when this house will be
considering major changes within the workers'
compensation system and, hopefully, possibly
even in the benefits of that system, I look
forward to working with Dave so that we can
proceed with a great program that we have in
place to bring the Workers' Compensation Board
right up to the present-day 21st century.
Thank you.
ACTING PRESIDENT GOLDEN: Senator
Libous.
SENATOR LIBOUS: Thank you, Mr.
President.
It's an honor for me to join
Senator Velella and second the nomination of
David Wehner to the chairman of the Workers'
Compensation Board.
I too have known David for a number
of years, from his beginnings when he worked
in the U.S. Senate for Senator D'Amato.
And, Dave, I promise I won't tell
any stories on the floor today.
But the Governor again has given us
915
a nominee who is extremely well-positioned and
well-versed for his new venture. David brings
to the position as chairman of the board a
vast knowledge of labor issues and an
understanding of the workers' compensation
system and how it is supposed to work in
protection of workers and also work in favor
of employers.
This nominee will do an outstanding
job. And, Mr. President, it is a pleasure for
me to stand here and second the Governor's
nomination.
ACTING PRESIDENT GOLDEN: Senator
Spano.
SENATOR SPANO: Thank you very
much, Mr. President.
It is my pleasure to join my
colleagues in seconding the nomination of Dave
Wehner.
I've known Dave for a long time,
having served as the chairman of the Labor
Committee in the Senate. And working with him
in his role in the Department of Labor
provides him with the foundation that he will
need in working with people who are the
916
injured workers across this state.
The Workers' Compensation Board
directly impacts the lives of injured workers
on a daily basis. And we need someone who has
shown the energy, the sensitivity, and who has
the experience in pulling things together and
keeping this agency moving forward in the
right direction.
The Governor should be commended
for his appointment of all of the members of
the Workers' Compensation Board, but
particularly for David Wehner, who will make
us all proud as he continues to lead an agency
that has such a profound impact on people at a
time of need. It's my pleasure to support his
nomination.
ACTING PRESIDENT GOLDEN: Any
other Senators wishing to speak on the
nomination?
The question is on the confirmation
of David Wehner as member of the Workers'
Compensation Board. All in favor?
(Response of "Aye.")
ACTING PRESIDENT GOLDEN:
Opposed?
917
(No response.)
ACTING PRESIDENT GOLDEN: David
Wehner is hereby confirmed as a member of the
Workers' Compensation Board.
(Applause.)
ACTING PRESIDENT GOLDEN: David
Wehner is joined by his wife, Diane; son,
Paul; son, Kevin; daughter, Allison; his
father, Henry; his mother, Joan; and his
brother, Steve.
Congratulations.
The Secretary will read.
THE SECRETARY: As a member of
the board of directors of the Great Lakes
Protection Fund, Gerald F. Mikol, of Orchard
Park.
As director of the Municipal
Assistance Corporation for New York City, Dall
W. Forsythe, of Hudson, and Edward J.
Munshower, of New York City.
ACTING PRESIDENT GOLDEN: The
question is on the confirmation of the
officials as read by the Secretary of the
Senate. All in favor?
(Response of "Aye.")
918
ACTING PRESIDENT GOLDEN:
Opposed?
(No response.)
ACTING PRESIDENT GOLDEN: I
hereby confirm all the members read by the
Secretary of the Senate.
The Secretary will read.
THE SECRETARY: Senator
DeFrancisco, from the Committee on Judiciary,
reports the following bills:
Senate Print 557, by Senator
Skelos, an act to amend the General
Obligations Law;
1089B, by Senator Hannon, an act to
amend the General Obligations Law;
1099, by Senator Hannon, an act to
amend the Lien Law;
1332, by Senator Leibell, an act to
amend the Eminent Domain Procedure Law;
1484, by Senator DeFrancisco, an
act to amend the Judiciary Law;
And Senate Print 6308, by Senator
DeFrancisco, an act to amend the Estates,
Powers and Trusts Law.
Senator Johnson, from the Committee
919
on Finance, reports:
Senate Print 24A, by Senator
Padavan, an act to amend the Executive Law;
761, by Senator Marcellino, an act
to amend the Executive Law;
762, by Senator Marcellino, an act
to amend the Executive Law;
2577, by Senator Libous, an act
authorizing;
5670A, by Senator Little, an act to
amend and ratify;
5876, by Senator Spano, an act to
amend the State Finance Law;
6098, by Senator Alesi, an act in
relation to redistributing;
And Senate Print 6169, by Senator
Marchi, an act to amend Chapter 759 of the
Laws of 1973.
Senator Kuhl, from the Committee on
Transportation, reports:
Senate Print 129A, by Senator
Alesi, an act to amend the Vehicle and Traffic
Law;
155A, by Senator Maltese, an act to
amend the Vehicle and Traffic Law;
920
513, by Senator Balboni, an act to
amend the Vehicle and Traffic Law;
1997, by Senator Robach, an act to
amend the Vehicle and Traffic Law;
4121, by Senator Velella, an act to
amend the Vehicle and Traffic Law;
5900, by Senator Morahan, an act to
amend the Transportation Law;
5941, by Senator Saland, an act to
amend the Highway Law;
And Senate Print 6067, by Senator
Little, an act to amend the Highway Law.
Senator Saland, from the Committee
on Education, reports:
Senate Print 5969, by Senator
Seward, an act in relation to legalizing;
And Senate Print 6200, by Senator
Saland, an act to authorize payment.
Senator Rath, from the Committee on
Children and Families, reports:
Senate Print 1593, by Senator
Alesi, an act to amend the Domestic Relations
Law;
2311A, by Senator LaValle, an act
to amend the Executive Law;
921
2764, by Senator Robach, an act to
amend the Social Services Law;
3572, by Senator Rath, an act to
amend the Domestic Relations Law;
5291A, by Senator Rath, an act to
amend the Family Court Act;
And Senate Print 6128, by Senator
Rath, an act to amend the Social Services Law.
Senator Little, from the Committee
on Local Government, reports:
Senate Print 1528, by Senator
Wright, an act to amend the Real Property Tax
Law;
2299, by Senator Volker, an act to
amend the Real Property Tax Law;
5869, by Senator Little, an act to
authorize;
5979, by Senator LaValle, an act to
amend the Town Law;
6024, by Senator Wright, an act to
amend the General Municipal Law;
And Senate Print 6068, by Senator
Saland, an act to amend Chapter 567 of the
Laws of 2003.
All bills ordered direct to third
922
reading.
ACTING PRESIDENT GOLDEN: All
bills reported directly to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
move that we adopt the Resolution Calendar,
with the exception of Resolutions 3743 and
3776.
ACTING PRESIDENT GOLDEN: All
those in favor of adopting the Resolution
Calendar, with the exception of Resolutions
3776 and 3743, signify by saying yea.
(Response of "Aye.")
ACTING PRESIDENT GOLDEN:
Opposed?
(No response.)
ACTING PRESIDENT GOLDEN: The
Resolution Calendar is adopted.
Senator Maltese.
SENATOR MALTESE: Mr. President,
with reference to Senate Resolution 3788, I
923
would like -- that is a resolution paying
tribute to the lives of the 36 security guards
who perished during the September 11th World
Trade Center terrorist attack. I'd like to
open that to all members of the Senate.
ACTING PRESIDENT GOLDEN: Senator
Skelos.
SENATOR SKELOS: Mr. President,
we'll put all members on the resolution. If
anybody wishes not to sponsor it, they should
notify the desk.
And at this time if we could take
up Resolution Number 3776, have the title
read, and move for its immediate adoption.
ACTING PRESIDENT GOLDEN: The
Secretary will read.
THE SECRETARY: By Senator Kuhl,
Legislative Resolution Number 3776,
memorializing Governor George E. Pataki to
proclaim March 9, 2004, as "Occupational
Health Awareness and Outreach Day" in the
State of New York.
ACTING PRESIDENT GOLDEN: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
924
President. Thank you for the opportunity to
speak.
I just want to note that this
resolution has a very important place in our
society today. Today is being declared to be,
and that's why we're asking the Governor to
proclaim it, as Occupational Health Awareness
and Outreach Day.
Occupation health awareness is a
very important part of the business community,
and we're looking to expand on it
significantly in this state.
More importantly, I would offer to
my fellow colleagues the opportunity to join
with me as the sponsor. And I certainly would
ask the direction of the Acting Majority
Leader here to advise the members that they
could be placed on this -- we have no
opposition -- and would open it up to the
membership at this time.
Thank you.
ACTING PRESIDENT GOLDEN: Senator
Skelos.
SENATOR SKELOS: Mr. President,
we'll put every member on the resolution. If
925
anybody cares not to sponsor the resolution,
they should notify the desk.
ACTING PRESIDENT GOLDEN: The
question is on the resolution. All in favor
signify aye.
(Response of "Aye.")
ACTING PRESIDENT GOLDEN:
Opposed?
(No response.)
ACTING PRESIDENT GOLDEN: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT GOLDEN: Senator
Skelos.
SENATOR SKELOS: Mr. President,
before we go to the reading of the
noncontroversial calendar -- Senator Balboni
prefers that it be "reading of the
noncontroversial," as against
"noncontroversial reading" -- there are, I
believe, certain substitutions at the desk.
If we could take them up at this time.
926
ACTING PRESIDENT GOLDEN: The
Secretary will read.
THE SECRETARY: On page 12,
Senator Volker moves to discharge, from the
Committee on Codes, Assembly Bill Number 8334
and substitute it for the identical Senate
Bill Number 662A, Third Reading Calendar 219.
On page 20, Senator Spano moves to
discharge, from the Committee on
Investigations and Government Operations,
Assembly Bill Number 8752 and substitute it
for the identical Senate Bill Number 5136,
Third Reading Calendar 317.
And on page 25, Senator DeFrancisco
moves to discharge, from the Committee on
Codes, Assembly Bill Number 9693 and
substitute it for the identical Senate Bill
Number 6111, Third Reading Calendar 383.
ACTING PRESIDENT GOLDEN: So
ordered.
The Secretary will read the
noncontroversial calendar.
THE SECRETARY: Calendar Number
160, by Senator Wright, Senate Print 2758B, an
act to amend the Public Service Law, in
927
relation to references.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT GOLDEN: The
bill is passed.
THE SECRETARY: Calendar Number
169, by Senator Skelos, Senate Print 5135A, an
act to amend the Correction Law, in relation
to the registration of sex offenders.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT GOLDEN: The
bill is passed.
928
THE SECRETARY: Calendar Number
179, by Senator Little, Senate Print 5132, an
act to amend the General Municipal Law, in
relation to bail monies.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT GOLDEN: The
bill is passed.
THE SECRETARY: Calendar Number
261, by Senator Fuschillo, Senate Print 6041,
an act to amend the General Business Law, in
relation to the "No Telemarketing Sales Call"
Statewide Registry.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT GOLDEN: Call
the roll.
929
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT GOLDEN: The
bill is passed.
THE SECRETARY: Calendar Number
303, by Senator Bruno, Senate Print 6023 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT GOLDEN: Lay it
aside.
THE SECRETARY: Calendar Number
363, by Senator Marcellino, Senate Print 2099,
an act to amend the General Business Law, in
relation to renewals of magazine
subscriptions.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT GOLDEN: The
bill is passed.
930
THE SECRETARY: Calendar Number
369, by Senator Skelos, Senate Print 1055, an
act to amend the Penal Law, in relation to
concurrent and consecutive terms of
imprisonment.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT GOLDEN: The
bill is passed.
THE SECRETARY: Calendar Number
370, by Senator Volker, Senate Print 1433A, an
act to amend the Penal Law, in relation to
establishing a three-year period of probation.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
931
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
2. Senators DeFrancisco and Duane recorded in
the negative.
ACTING PRESIDENT GOLDEN: The
bill is passed.
Senator DeFrancisco, why do you
rise?
SENATOR DeFRANCISCO: To explain
my vote.
ACTING PRESIDENT GOLDEN: Without
objection.
SENATOR DeFRANCISCO: I vote
negative for a more technical reason than
anything else.
We have an elaborate sentencing
system that classifies B misdemeanors and
A misdemeanors and A felonies down to
E felonies with certain sentencing
consequences.
As you can see from the bill, it
basically says for a Class B misdemeanor, a
sexual assault, a period of incarceration for
932
a period of three years. It's the only B
misdemeanor that has that higher three-year
probation, as opposed to the one-year
probation. It just simply is inconsistent
with the sentencing structure that has been
established.
I would support this bill if the
crime were raised to an A misdemeanor, because
all A misdemeanors do in fact have three-year
probation sentences. And that's the reason
for my opposition. Hopefully, during the
negotiations, this can be corrected.
ACTING PRESIDENT GOLDEN: Senator
Volker, why do you rise?
SENATOR VOLKER: To explain my
vote and explain -- you're right and you're
wrong, John.
ACTING PRESIDENT GOLDEN: Without
objection.
SENATOR VOLKER: In fact, Tom
asked the same question last -- this is
actually part of a bigger bill. This was part
of SARA, the sexual assault reform bill.
And what happened is we changed all
the probation -- we had lengthened the
933
probation, including A misdemeanors. We
forgot to do the B misdemeanor. It is the
only time that we are making probation three
years for a B misdemeanor. But we're doing it
specifically because of the sexual type of
crime.
And remember, the likelihood is
that you're pleading down from a higher crime
when you're doing the B misdemeanor, because
it's the lowest misdemeanor you can have. And
that's the real reason to afford the three
years' probation, if the person needs
counseling or help or whatever. And that's
the reason we do it.
I agree with you; as a general
rule, we shouldn't be changing sentences. But
this was part of a whole pattern of sentences
that we changed and made them especially
tough -- or you can say what you want about
them -- but gave special attention to sexual
assaults.
ACTING PRESIDENT GOLDEN: The
bill is passed.
The Secretary will read.
Senator Montgomery, why do you
934
rise?
SENATOR MONTGOMERY: I wanted to
vote no on that bill, please.
May I have unanimous consent to be
recorded in the negative on Calendar 370.
ACTING PRESIDENT GOLDEN: Without
objection, you will be recorded in the
negative.
The Secretary will announce the
results.
THE SECRETARY: In relation to
Calendar Number 370, ayes, 57. Nays, 3.
Senators DeFrancisco, Duane, and Montgomery
recorded in the negative.
ACTING PRESIDENT GOLDEN: The
bill is passed.
The Secretary will read.
THE SECRETARY: Calendar Number
371, by Senator Leibell, Senate Print Number
2360, an act to amend the Criminal Procedure
Law, in relation to orders of recognizance or
bail.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 2. This
935
act shall take effect on the first of
November.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT GOLDEN: The
bill is passed.
THE SECRETARY: Calendar Number
372, by Senator Flanagan, Senate Print 2810,
an act to amend the Penal Law, in relation to
the commission of aggravated sexual abuse.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT GOLDEN: The
bill is passed.
936
THE SECRETARY: Calendar Number
378, by Senator Golden, Senate Print 5321, an
act to amend the Criminal Procedure Law, in
relation to eliminating the statute of
limitations for Class B violent felonies.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT GOLDEN: Senator
Krueger, to explain your vote.
SENATOR LIZ KRUEGER: Thank you.
I rise to explain my vote.
I voted for this bill because I do
think this is an important piece of
legislation.
But yet again I rise, and I rise
each day that we deal with statute of
limitation issues in sex assault, to raise
937
once again for my colleagues in the Senate the
fact that we have still not come to agreement
on a clergy reporting bill. We recognize how
important this legislation is for the State of
New York. The days and the months tick by,
and another year of the session.
So I urge my colleagues to please,
please come together with the Assembly to pass
a same-as bill so that we can assure our
constituents that we are seriously concerned
about what happens to them if they are the
victims of sexual assault.
Thank you, Mr. President.
ACTING PRESIDENT GOLDEN: The
bill is passed.
The Secretary will read.
THE SECRETARY: Calendar Number
382, by Senator Skelos, Senate Print 6043A, an
act to amend the Penal Law, the Executive Law,
and the Correction Law, in relation to
prohibiting sex offenders.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
938
September.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT GOLDEN: The
bill is passed.
THE SECRETARY: Calendar Number
383, substituted earlier today --
ACTING PRESIDENT GOLDEN: Senator
Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: I was
rising to explain my vote.
ACTING PRESIDENT GOLDEN: So
explain.
SENATOR SCHNEIDERMAN: So?
I just want to note that the
legislation that we just passed, if it were to
become law, because it provides for
restrictions of a thousand feet on sex
offenders, requiring them to reside or work
more than a thousand feet from a school, will
essentially clear everyone out of my district
and most of the districts in the city.
939
So I thank Senator Skelos, but I
think you just are in the process of
relocating all the sex offenders from the city
to other parts of the state. So before this
actually goes forward, we may want to think
about that angle, because a thousand feet in
one place is different than a thousand feet in
another place.
Thank you.
ACTING PRESIDENT GOLDEN: The
Senator will be recorded in the affirmative.
The bill is passed.
The Secretary will read.
THE SECRETARY: Calendar Number
383, substituted earlier today by Member of
the Assembly Magnarelli, Assembly Print Number
9693, an act to amend the Criminal Procedure
Law, in relation to peace officers employed by
Syracuse University.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT GOLDEN: Call
the roll.
940
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT GOLDEN: The
bill is passed.
THE SECRETARY: Calendar Number
412, by Senator Meier, Senate Print 5824, an
act to amend the Education Law and the
Criminal Procedure Law, in relation to the
designation of peace officers.
ACTING PRESIDENT GOLDEN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GOLDEN: Senator
Krueger, to explain your vote.
SENATOR LIZ KRUEGER: Thank you.
I do support this bill, as I
supported the bill before it. But I wanted to
highlight for my colleagues, after much
discussion about the role of peace officers
during last year's session, that I'm very
941
pleased to see both Senator DeFrancisco's bill
and Senator Meier's bill recognizing some of
the concerns that I have brought to the floor
of the Senate, which is that we must be
extraordinarily careful when we are creating a
secondary police force system in this state.
And through the process of
continually approving new peace officers in
various university settings, various hospital
settings around the state, that that should be
raising serious questions to us about are we
in fact creating a second tier with different
training, different rules, different
obligations under the law of peace officers.
So in Senator Meier's bill, they
are recognizing the concern and in fact
removing from the law the ability of peace
officers to, in fact, do warrantless searches.
And so I am glad to see Senator Meier moving
in that direction with peace officer status in
his own -- in community colleges.
And in Senator DeFrancisco's bill,
the previous bill, he was highlighting the
importance of continuing the full 300 hours of
training for peace officers in order for them
942
to continue to have the status almost
equivalent to a police officer in the context
of Syracuse University.
Again, in general, I am opposed to
expanding the role and powers of peace
officers, and I am opposed to the use of --
the carrying of guns by peace officers. But I
am very pleased to see, with both of these
bills today, that there is growing recognition
of where we perhaps are unintentionally going
in this state by continually giving more and
more authority to peace officers to function
as if they're police officers.
Thank you, Mr. President.
ACTING PRESIDENT GOLDEN: Senator
Krueger, how do you vote?
SENATOR LIZ KRUEGER: I vote yes,
thank you.
ACTING PRESIDENT GOLDEN: You
will be recorded in the positive.
The Secretary will announce the
results.
THE SECRETARY: In relation to
Calendar Number 412, ayes, 59. Nays, 1.
Senator Duane recorded in the negative.
943
ACTING PRESIDENT GOLDEN: The
bill is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
Senator Montgomery, why do you
rise?
SENATOR MONTGOMERY: Yes, thank
you. Mr. President, I would like unanimous
consent to be recorded in the negative on
Calendar 169.
SENATOR SKELOS: Without
objection.
ACTING PRESIDENT GOLDEN: Without
objection.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT GOLDEN: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could now go to the reading of the
controversial calendar.
ACTING PRESIDENT GOLDEN: The
Secretary will read.
THE SECRETARY: Calendar Number
303, by Senator Bruno, Senate Print 6023, an
act to amend the Public Authorities Law, in
944
relation to extending.
ACTING PRESIDENT GOLDEN: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT GOLDEN: On the
bill.
SENATOR SCHNEIDERMAN: This is a
bill that in prior years probably would have
been dealt with in an extremely
straightforward way. It's simply an extension
of a public authority necessary so they can
keep booking events in Saratoga.
But I rise to speak because this
year we have been challenged to do something
about the overall structure of authorities
that have created a system of mismanagement,
in some cases misconduct, and in many cases
confusion throughout the State of New York.
The great comptroller of the State
of New York published, a few weeks ago, a
report, "Public Authority Reform: Reining in
New York's Secret Government," proposing
legislation which, while it has been
introduced in the Assembly, has yet to be
945
introduced in this house.
Among the issues that we have to
address are the fact that of the 643 public
authorities in New York State, only 11 are
subject to the authority of the Public
Authority Control Board. There have been
numerous instances of misrepresentation,
charges of corruption and nepotism in
authorities over the years.
Just last year I was involved,
along with the comptroller, in uncovering the
fact that the largest of the authorities, the
Metropolitan Transit Authority, had grossly
misstated their finances. The revelation that
other authorities were engaged in sweetheart
deals has come out in the last year.
The reform proposals that are being
put on the table are coming at a time when the
public's confidence in government is
dangerously low and when the debt of the State
of New York is dangerously high.
And I think in this house there are
many of us that have some fundamental
conservative principles. Well, the public
authorities of the state of the New York are a
946
conservative nightmare. They are massively in
debt.
Of the ten top public debtors in
the United States, California is the top, but
after New York City and New York State, we
come to a whole string of authorities,
including the Long Island Power Authority, the
New York State Thruway Authority, the MTA, the
Dormitory Authority. These are the top
debtors in the entire country.
The debt is out of control.
There's a lack of supervision. And I urge my
colleagues, even as we're extending the life
of this worthwhile authority that we know
conducts good business in Saratoga, and some
of us have benefited from its good work, that
we have to address the overall issue before
this session is out. Let's not let the year
go by with the Assembly moving on this
critical issue while this house sits silent.
I'm voting yes, Mr. President, but
in the strong hope that we're going to address
the issues raised in the Comptroller's report
and move on his legislation, or some variation
thereof, before this session is out.
947
Thank you.
ACTING PRESIDENT GOLDEN: Any
other Senators wish to be heard on the bill?
The debate is closed.
There is a home-rule message at the
desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT GOLDEN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT GOLDEN: The
bill is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT GOLDEN: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return --
ACTING PRESIDENT GOLDEN: Is
there any housekeeping at the desk?
(Laughter.)
SENATOR SKELOS: If we could
return to motions and resolutions, I believe
948
there is a privileged resolution at the desk
by Senator Onorato. I ask that the title be
read and move for its immediate adoption.
ACTING PRESIDENT GOLDEN: The
Secretary will read.
THE SECRETARY: By Senator
Onorato, Legislative Resolution Number 3809,
commemorating the 56th Anniversary of the
reunification of the Dodecanese islands with
Greece, to be celebrated on Sunday, March 14,
2004.
ACTING PRESIDENT GOLDEN: The
question is on the resolution. All in favor?
(Response of "Aye.")
ACTING PRESIDENT GOLDEN:
Opposed?
(No response.)
ACTING PRESIDENT GOLDEN: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up Resolution 3743, have the
title read, and move for its immediate
adoption.
ACTING PRESIDENT GOLDEN: The
949
Secretary will read.
THE SECRETARY: By Senator
Sampson, Legislative Resolution Number 3743,
congratulating Dr. Howard Lucks upon the
occasion of his designation as recipient of
the "High School Principal of the Year" Award
by the Association of Orthodox Jewish Teachers
of the New York City Public Schools.
ACTING PRESIDENT GOLDEN: The
question is on the resolution. All in favor?
(Response of "Aye.")
ACTING PRESIDENT GOLDEN:
Opposed?
(No response.)
ACTING PRESIDENT GOLDEN: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to -- is there any housekeeping
at the desk? Are there any additional
resolutions that have to be passed at this
time?
ACTING PRESIDENT GOLDEN: Yes,
there are additional resolutions.
SENATOR SKELOS: If you could
950
please have the Secretary read the numbers and
titles of the resolutions, and then we'll
adopt them at one time.
ACTING PRESIDENT GOLDEN: The
Secretary will read.
THE SECRETARY: By Senator
Sampson, Legislative Resolution Number 3737,
congratulating Lucille Swarns upon the
occasion of her designation as recipient of
the "Regional Superintendent of the Year"
Award by the Association of Orthodox Jewish
Teachers of the New York City Public Schools.
By Senator Sampson, Legislative
Resolution Number 3738, congratulating
Ms. Katherine Corbett upon the occasion of her
designation as recipient of the "Junior High
School Principal of the Year" Award by the
Association of Orthodox Jewish Teachers of the
New York City Public Schools.
By Senator Sampson, Legislative
Resolution Number 3739, congratulating Linda
Wernikoff upon the occasion of her designation
as recipient of the "Educator of the Year"
Award by the Association of Orthodox Jewish
Teachers of the New York City Public Schools.
951
By Senator Sampson, Legislative
Resolution Number 3740, congratulating Warren
Sherman upon the occasion of his designation
as recipient of the "Organization Award" by
the Association of Orthodox Jewish Teachers of
the New York City Public Schools.
By Senator Sampson, Legislative
Resolution Number 3741, congratulating
Josephine Viars upon the occasion of her
designation as recipient of the "Elementary
School Principal of the Year" Award by the
Association of Orthodox Jewish Teachers of the
New York City Public Schools.
And by Senator Sampson, Legislative
Resolution Number 3742, congratulating Gloria
Fremed upon the occasion of her designation as
recipient of the "Teacher of the Year" Award
by the Association of Orthodox Jewish Teachers
of the New York City Public Schools.
By Senator Saland, Legislative
Resolution Number 3810, honoring Matthew
Fitzgerald upon the occasion of his retirement
as Town Justice for the Town of Hyde Park
after more than 25 years of dedicated service.
ACTING PRESIDENT GOLDEN: The
952
question is on the resolutions. All in favor?
(Response of "Aye.")
ACTING PRESIDENT GOLDEN:
Opposed?
(No response.)
ACTING PRESIDENT GOLDEN: The
resolutions are adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT GOLDEN: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President. I just have a point of
information.
I know it's the intent of the chair
to treat all the members of this house equally
and fairly. But I have noticed today that it
appears that Senator Balboni is the only
member who has been provided with a
noncontroversial calendar. And I would hope
that in the future, that the other members be
provided both the noncontroversial calendar
and the controversial calendar.
I was only provided a Senate
953
calendar, and I feel somewhat discriminated
against and certainly not able to carry out my
legislative duties.
So I just would ask you to provide
me with the information that -- or at least
the members and certainly the Journal Clerk
with the information that would allow all the
members to be treated equally.
Thank you, sir.
ACTING PRESIDENT GOLDEN: Your
point of order is well taken.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT GOLDEN: No,
Senator.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we stand adjourned until Wednesday,
March 10th, at 11:00 a.m.
ACTING PRESIDENT GOLDEN: On
motion, the Senate stands adjourned until
Wednesday, March 10th, at 11:00 a.m.
(Whereupon, at 4:06 p.m., the
Senate adjourned.)