Wednesday, February 8, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 8, 2006 11 11:11 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, February 7, the Senate met pursuant 18 to adjournment. The Journal of Monday, 19 February 6, was read and approved. On motion, 20 Senate adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Thank you, 9 Madam President. 10 On behalf of Senator Marcellino, on 11 page number 20 I offer the following 12 amendments to Calendar Number 165, Senate 13 Print Number 1286C, and ask that said bill 14 retain its place on Third Reading Calendar. 15 THE PRESIDENT: The amendments 16 are received, and the bill will retain its 17 place on the Third Reading Calendar. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 there's a Resolution 3440 at the desk by 21 Senator Larkin. Could we have the title read, 22 move for its immediate adoption, and if you 23 would recognize Senator Larkin. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Larkin, Legislative Resolution Number 3440, 3 commemorating National Salute to Hospitalized 4 Veterans Week. 5 THE PRESIDENT: Senator Larkin. 6 SENATOR LARKIN: Thank you, Madam 7 President. 8 You know, next week is Hospital 9 Veterans Week across America. And while we're 10 celebrating and saluting the veterans, this is 11 an appropriate time that we remember this 12 celebration is to show our support to the men 13 and women who have served this country with 14 honor, defending our freedom, and to remind us 15 to continue our support for our current 16 soldiers doing their duty with honor while in 17 harm's way. 18 The American Veterans 19 Administration and military hospitals are 20 caring for a large number of war wounded, and 21 they're doing an outstanding job. And I 22 believe that we owe it to them to honor them 23 in this week of National Veterans Hospital 24 Week. 25 I'd like to open it up to

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(518) 371-8910 1 everybody, and I'd like to ask that Mr. Wright 2 be the number-two man because of the large 3 contingent he has at Fort Drum. 4 THE PRESIDENT: That is Senator 5 Wright. 6 And, Senator Wright, would you like 7 to speak? 8 SENATOR WRIGHT: Thank you, Madam 9 President. 10 I join with my colleague on my 11 right in recognizing his resolution but, more 12 importantly, recognizing the service and the 13 sacrifice of the men and women who are serving 14 our nation overseas right now. 15 I have the honor of representing 16 the Tenth Mountain Division stationed at Fort 17 Drum in northern New York, and there isn't a 18 day goes by I couldn't be prouder of those men 19 and women, the sacrifices they make, the 20 sacrifices their families make on behalf of 21 all of us so that we can enjoy the freedoms 22 that we're enjoying here today. 23 So without reservation, I want to 24 join my colleague in seconding this resolution 25 and making sure that we not only recognize the

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(518) 371-8910 1 sacrifices and ensure that they have the 2 appropriate support and services when they 3 return home. That is, in fact, the most 4 honorable way of recognizing our veterans and 5 their service. 6 Thank you, Madam President. 7 THE PRESIDENT: All in favor of 8 the resolution please signify by saying aye. 9 (Response of "Aye.") 10 THE PRESIDENT: Opposed, nay. 11 (No response.) 12 THE PRESIDENT: The resolution is 13 adopted. 14 Senator Skelos, no objection to 15 opening up the resolution? 16 SENATOR SKELOS: If anybody 17 wishes not to sponsor it, they should notify 18 the desk. 19 Would you please recognize Senator 20 Wright. 21 THE PRESIDENT: The resolution is 22 adopted. 23 Any member who does not wish to 24 cosponsor the last resolution, please notify 25 the desk.

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(518) 371-8910 1 Senator Wright. 2 SENATOR WRIGHT: Thank you, Madam 3 President. 4 I was absent from the chamber 5 yesterday on personal family business when the 6 vote was taken on Calendar Number 147, Senate 7 Bill Print Number S6481A. Had I been present, 8 I would like the record to reflect that I 9 would have voted in favor of Senate 6481A. 10 Thank you. 11 THE PRESIDENT: The record will 12 so reflect, Senator Wright. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 if we could go to the noncontroversial reading 16 of the calendar. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Calendar Number 20 89, by Senator Trunzo, Senate Print 428, an 21 act to amend the Education Law, in relation to 22 scholarships. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of August. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 46. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 90, by Senator LaValle, Senate Print 1148 -- 9 SENATOR SKELOS: Lay it aside for 10 the day, please. 11 THE PRESIDENT: The bill is laid 12 aside for the day. 13 THE SECRETARY: Calendar Number 14 115, by Senator Alesi, Senate Print 2785, an 15 act to amend Chapter 413 of the Laws of 2003 16 amending the Labor Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 46. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 128, by Senator Skelos, Senate Print 486, an 3 act to amend the Criminal Procedure Law and 4 the Family Court Act, in relation to evidence. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 6. This 8 act shall take effect on the first of 9 November. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 48. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 133, by Senator Balboni, Senate Print 935, an 17 act to amend the Civil Rights Law, in relation 18 to confidentiality. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 48.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 191, by Senator Rath, Senate Print 1514, an 5 act to amend the Social Services Law, in 6 relation to requiring. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 180th day. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 48. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 192, by Senator Robach, Senate Print 4649, an 18 act to amend the Executive Law and the Social 19 Services Law, in relation to authorizing. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 48. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 194, by Senator Meier, Senate Print 5393, an 6 act to amend the Family Court Act and the 7 Executive Law, in relation to orders of 8 protection. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 5. This 12 act shall take effect on the 90th day. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE PRESIDENT: Senator Meier, to 16 explain your vote. 17 SENATOR MEIER: Thank you, Madam 18 President, to explain my vote. 19 This is one of the positive 20 measures that we were talking about yesterday. 21 And what this bill acknowledges is a 22 shortcoming in the registry, the statewide 23 registry on orders of protection. It is an 24 acknowledgment that domestic violence and the 25 abuse of children often go hand in hand and

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(518) 371-8910 1 are found within the same dysfunctional 2 families and the same households. 3 What this does is it fixes a 4 glaring error in that registry. It requires 5 that orders of protection issued with regard 6 to child abuse and neglect proceedings be put 7 forth in the registry so that they're there 8 with the protection orders for DV cases. 9 That is a valuable tool for judges, 10 for child protective service workers, and part 11 of much more that you're going to be seeing as 12 we work our way through this system to protect 13 children. I vote aye. 14 Thank you, Madam President. 15 THE PRESIDENT: You will be so 16 recorded as voting in the affirmative. 17 The Secretary will announce the 18 results. 19 THE SECRETARY: Ayes, 51. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 197, by Senator Rath, Senate Print 6525, an 24 act to amend the Social Services Law, in 25 relation to providing.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 4. This 4 act shall take effect on the 180th day. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE PRESIDENT: Senator Rath, to 8 explain your vote. 9 SENATOR RATH: To explain my 10 vote, yes, Madam Chairman. 11 As Senator Meier said a moment ago, 12 some of the tools that are so necessary for us 13 to protect children are in legislation that 14 will be going through this house as the year 15 progresses. This is yet again another one of 16 those tools that were mentioned so clearly 17 yesterday, and there's so much agreement that 18 we need these tools. 19 And this bill will help people who 20 are foster and adoptive parents have 21 continuing education. There are many programs 22 at the very beginning of the process, but 23 sometimes then the child is young, the parent 24 does not realize what they are going to need 25 by way of tools to help them as parents. And

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(518) 371-8910 1 this bill would provide those tools to them. 2 It's yet again another measure to 3 help in the effort to protect children that 4 was so clearly highlighted yesterday. 5 Thank you. 6 THE PRESIDENT: Senator Spano, to 7 explain your vote. 8 SENATOR SPANO: Thank you, Madam 9 President. 10 A lot was said on this issue 11 yesterday, but I want to just add to the 12 concerns that were raised yesterday as well as 13 to be supportive of Senator Rath's bill, and 14 say that we hope we will continue to see a 15 number of other positive bills on the floor of 16 the Senate talking about the curriculums that 17 exist with regard to training both child 18 protective service workers, the supervisors of 19 those agencies, looking at the people who 20 actually answer the phone at the central 21 registry and making sure that they are 22 properly trained, and then moving into the 23 educational component, to our teachers, as was 24 raised yesterday, as well as our hospital 25 personnel, our emergency room, our forensic

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(518) 371-8910 1 pediatricians that see the kids in the trauma 2 centers on a regular basis, making sure that 3 we take the children and advocacy centers and 4 the multidisciplinary teams and put everything 5 under one roof. 6 And we're moving forward in 7 Westchester to do all of that. 8 So I want to just thank Senator 9 Meier for the leadership role he played 10 yesterday, and Senator Rath for moving forward 11 not only on this bill but other bills, such as 12 dual-track, and other ones that will redesign 13 a system that is obviously failing some of our 14 children. 15 And an educational component has to 16 be a part of that, including a public 17 education program. That was raised yesterday 18 by Senator Schneiderman and others, that the 19 public educational component with regard to 20 child abuse has to be included in anything 21 that we put together as a total package. 22 So I vote aye. 23 THE PRESIDENT: Senator Rath and 24 Senator Spano, you will both be recorded as 25 voting in the affirmative on this bill.

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(518) 371-8910 1 The Secretary will announce the 2 results. 3 THE SECRETARY: Ayes, 52. 4 THE PRESIDENT: The bill is 5 passed. 6 Senator Skelos, that completes the 7 reading of the calendar. 8 SENATOR SKELOS: Thank you, Madam 9 President. 10 There will be an immediate meeting 11 of the Finance Committee in the Majority 12 Conference Room. 13 THE PRESIDENT: There will be an 14 immediate meeting of the Finance Committee in 15 the Majority Conference Room. 16 SENATOR SKELOS: I believe all 17 we'll be reporting are a couple of nominations 18 to be brought up. And I don't believe any 19 other legislation will be voted upon at this 20 time. 21 THE PRESIDENT: The Senate stands 22 at ease. 23 (Whereupon, the Senate stood at 24 ease at 11:23 a.m.) 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 11:35 a.m.) 2 ACTING PRESIDENT FUSCHILLO: 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could return to reports of standing 6 committees, I believe there's a report of 7 Finance Committee at the desk. I ask that it 8 be read. 9 ACTING PRESIDENT FUSCHILLO: The 10 Secretary will read. 11 THE SECRETARY: Senator Johnson, 12 from the Committee on Finance, reports the 13 following nominations: 14 As members of the Battery Park City 15 Authority, Evelyn Rollins, of New York City, 16 and Andy Keshav Shenoy, of Forest Hills. 17 ACTING PRESIDENT FUSCHILLO: 18 Senator Johnson. 19 SENATOR JOHNSON: Move the 20 nominations. 21 ACTING PRESIDENT FUSCHILLO: The 22 question is on the nominations of Evelyn 23 Rollins, of New York City, and Andy Keshav 24 Shenoy, of Forest Hills, as members of the 25 Battery Park City Authority. All in favor

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(518) 371-8910 1 signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT FUSCHILLO: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT FUSCHILLO: The 7 nominations for the Battery Park City 8 Authority are confirmed. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, I 11 just want to congratulate you on the wonderful 12 job you've done at presiding today. 13 ACTING PRESIDENT FUSCHILLO: I'm 14 glad you finally recognized that, Senator. 15 SENATOR SKELOS: Is there any 16 further business at the desk? 17 ACTING PRESIDENT FUSCHILLO: 18 There is no further business. 19 SENATOR SKELOS: I move we stand 20 adjourned until Monday, February 13th, at 21 3:00 p.m., intervening days being legislative 22 days. 23 ACTING PRESIDENT FUSCHILLO: On 24 motion, the Senate stands adjourned until 25 Monday, February 13th, at 3:00 p.m.,

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(518) 371-8910 1 intervening days being legislative days. 2 (Whereupon, at 11:37 a.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910