Monday, January 22, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 22, 2007 11 3:29 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR THOMAS P. MORAHAN, Acting 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 ACTING PRESIDENT MORAHAN: The 3 Senate will 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 ACTING PRESIDENT MORAHAN: In the 10 absence of clergy, will you please bow your 11 heads for a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MORAHAN: 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Sunday, January 21, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 January 20, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT MORAHAN: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 there will be an immediate meeting of the 3 Rules Committee in the Majority Conference 4 Room. 5 And the Senate will stand at ease. 6 ACTING PRESIDENT MORAHAN: There 7 will be an immediate meeting of the Rules 8 Committee in the Majority Conference Room. 9 The Senate will stand at ease. 10 (Whereupon, the Senate stood at 11 ease at 3:31 p.m.) 12 (Whereupon, the Senate reconvened 13 at 3:39 p.m.) 14 ACTING PRESIDENT MORAHAN: The 15 Senate will come to order. 16 Senator Skelos. 17 SENATOR SKELOS: If we could 18 continue, regular order, please. 19 ACTING PRESIDENT MORAHAN: 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 The Secretary will read. 25 THE SECRETARY: Senator Bruno,

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(518) 371-8910 1 from the Committee on Rules, reports the 2 following bill direct to third reading: 3 Senate Print 1322, by Senator 4 Bruno, an act to amend the State Finance Law. 5 SENATOR SKELOS: Move to accept 6 the report of the Rules Committee. 7 ACTING PRESIDENT MORAHAN: All 8 those in favor of accepting the Rules 9 Committee report say aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MORAHAN: Nay? 12 (No response.) 13 ACTING PRESIDENT MORAHAN: The 14 report is accepted. 15 Reports of select committees. 16 Communications and reports from 17 state officers. 18 Motions and resolutions. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 there's a Resolution Number 150 at the desk, 22 by Senator Schneiderman. If we could have the 23 title read and move for its immediate 24 adoption. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Schneiderman, Legislative Resolution Number 4 150, memorializing Governor Eliot Spitzer to 5 proclaim January 26, 2007, as Juan Pablo 6 Duarte Day in the State of New York. 7 ACTING PRESIDENT MORAHAN: 8 Senator Schneiderman, on the resolution. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Mr. President. On the resolution. 11 Today is the day that we are 12 resolving to commemorate the birth of Juan 13 Pablo Duarte. 14 And it's a very important, I think, 15 resolution as we start this new cycle to 16 celebrate people who were warriors in the 17 cause of democracy. We take for granted the 18 right to vote here, the right to have a 19 democratic government. But we're reminded by 20 our friends and family from the Dominican 21 Republic that that right is not easily won. 22 So we celebrate today a great 23 fighter in the cause of liberty, and we're 24 honored to be joined today by some of the 25 consuls from the Dominican Consulate, who are

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(518) 371-8910 1 here to celebrate with us. It's an important 2 day for all who believe in the cause of 3 freedom and democracy. 4 And I hope that as our education 5 system continues to improve, more of our 6 children will learn of the historic struggle 7 and the heroic struggles of Juan Pablo Duarte 8 and the Duartianos. 9 And if I may, Mr. President, 10 (Comments on the Resolution spoken in 11 Spanish]. 12 So felicidades, bienvenidos, and 13 it's great that we're here to celebrate 14 together. 15 Thank you very much, Mr. President. 16 ACTING PRESIDENT MORAHAN: 17 Senator Schneiderman, I'm really impressed. 18 (Laughter.) 19 SENATOR SCHNEIDERMAN: It wasn't 20 that hard, Mr. President. 21 (Laughter.) 22 ACTING PRESIDENT MORAHAN: 23 Senator Diaz, on the resolution. 24 SENATOR DIAZ: Thank you, 25 Mr. President.

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(518) 371-8910 1 It gives me great honor and 2 privilege to join my colleague Senator 3 Schneiderman in this resolution, due to the 4 fact that we are honoring a great leader and a 5 great nation, the representative of that 6 nation, that we have members of the Dominican 7 consul here representing the whole community. 8 And during the Hispanic part that 9 he tried so hard to do, (Comments on the 10 Resolution spoken in Spanish]. 11 Mucho gracias, Mr. President. 12 SENATOR SCHNEIDERMAN: Mr. 13 President, that was Yiddish, in case you -- 14 (Laughter.) 15 ACTING PRESIDENT MORAHAN: Should 16 you have noticed. 17 Anyone else on the resolution? 18 The question is on the resolution. 19 All those in favor say aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT MORAHAN: Nay? 22 (No response.) 23 ACTING PRESIDENT MORAHAN: The 24 ayes have it. The resolution is adopted. 25 Senator Schneiderman, is that

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(518) 371-8910 1 resolution open to the membership? 2 SENATOR SCHNEIDERMAN: Yes, it 3 is, Mr. President, open to all. 4 ACTING PRESIDENT MORAHAN: Okay. 5 The resolution is open to all. Those who do 6 not want to be on this particular resolution 7 please notify the desk. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 if we could go to the noncontroversial reading 11 of the calendar, beginning with Calendar 12 Number 38, Senate 1322. 13 ACTING PRESIDENT MORAHAN: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 38, by Senator Bruno, Senate Print 1322, an 17 act to amend the State Finance Law. 18 ACTING PRESIDENT MORAHAN: Read 19 the last section. 20 THE SECRETARY: Section 23. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 3, by Senator Padavan, Senate Print 68, an act 7 to amend the Penal Law. 8 ACTING PRESIDENT MORAHAN: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of 12 November. 13 ACTING PRESIDENT MORAHAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MORAHAN: 17 Announce the results. 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 8, by Senator Golden, Senate Print 158, an act 23 to amend the Penal Law, in relation to 24 criminal use of public records. 25 ACTING PRESIDENT MORAHAN: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 8 are Senators 12 Duane and Serrano. Ayes, 55. Nays, 2. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 9, by Senator Maziarz, Senate Print 257, an 17 act to amend the Penal Law, in relation to the 18 crime of surreptitious surveillance. 19 ACTING PRESIDENT MORAHAN: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 10, by Senator Skelos, Senate Print 431, an 7 act to amend the Penal Law, in relation to 8 failure to report. 9 ACTING PRESIDENT MORAHAN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Senator Hassell-Thompson. 19 SENATOR HASSELL-THOMPSON: Thank 20 you, Mr. President. I rise to explain my 21 vote. 22 I will be voting in support of this 23 legislation, but I would like to do a codicil 24 to the will, if you will. 25 This legislation is part of the

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(518) 371-8910 1 Child Sexual Assault Reform Act. And for the 2 last four years, of the six that I've been 3 here in the State Senate, I have been making a 4 vigorous attempt to pass this bill in its 5 entirety. The only part of me that's pleased 6 to see at least that incrementally this bill 7 is getting passed. 8 My concern is that if this bill was 9 really good in its essence, why this bill 10 wasn't passed in its entirety, particularly 11 because we have had so many people who are 12 looking forward to the passage of this bill so 13 that we can talk about prosecution of people 14 who have committed sexual assaults against 15 children. And we also have been looking hard 16 and long for a resolution to the statute of 17 limitations. 18 In working on this bill, I have 19 developed it based upon the recommendations of 20 the Suffolk County Supreme Court special grand 21 jury and their investigation of clergy abuse 22 in the Diocese of Rockville Centre; I've 23 consulted with the Bronx, Westchester, and 24 Rensselaer district attorneys and the New York 25 State Trial Lawyers, all of whom have worked

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(518) 371-8910 1 to help to fine-tune and to hone this bill 2 into something that would be crafted to 3 respond to the needs of our constituents. 4 And while the elimination of the 5 statute of limitations was passed by Senator 6 Skelos last year, and while he has established 7 a five-year statute of limitations for civil 8 lawsuits for crimes of rape in the first 9 degree and criminal sexual act and aggravated 10 sexual abuse first degree or course of sexual 11 conduct against a child in the first degree, 12 and while it has created mandatory reporting 13 of child abuse, including sexual assault, 14 there are pieces that are still missing in 15 this bill. 16 And one of those is the creation of 17 the crime of endangering the welfare of a 18 child in the first degree, which is an 19 E felony and, secondly, a misdemeanor degree, 20 and adds them to the list of specified 21 premeditated crimes. 22 It also fails to extend the statute 23 of limitations for hindering the prosecution 24 of a sexual offense. It fails to add clergy 25 to the list of mandated reporters without --

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(518) 371-8910 1 with the exception of confessional, the 2 confessional. And it further does not allow 3 for a two-year window for this course of 4 action to take place. 5 I would hope, Senator Skelos, in 6 your review of this bill, that as you pick and 7 choose to pass legislation along lines that 8 I'm not clear about that you will continue to 9 pursue these aspects of the bill so that the 10 people and particularly the children who have 11 been abused in this state have a decent and 12 appropriate recourse. 13 Thank you, Mr. President. 14 ACTING PRESIDENT MORAHAN: Thank 15 you, Senator. 16 Senator Hassell-Thompson, how do 17 you cast your vote? 18 SENATOR HASSELL-THOMPSON: I'm 19 voting in support. 20 ACTING PRESIDENT MORAHAN: 21 Announce the results. 22 THE SECRETARY: Ayes, 57. Nays, 23 1. Senator Montgomery recorded in the 24 negative. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 17, by Senator Bruno -- 4 SENATOR SKELOS: Lay it aside for 5 the day, please. 6 ACTING PRESIDENT MORAHAN: The 7 bill is laid aside for the day. 8 Senator Skelos. 9 SENATOR SKELOS: If you could 10 recognize Senator Sampson, please. 11 ACTING PRESIDENT MORAHAN: 12 Senator Sampson. 13 SENATOR SAMPSON: Thank you very 14 much, Senator Skelos. Thank you, 15 Mr. President. 16 I would like to state for the 17 record that if I had been in the chamber on 18 Tuesday, January 16th, I would have voted in 19 favor of Resolution Number 128 by Senator 20 Smith. 21 Thank you. 22 ACTING PRESIDENT MORAHAN: The 23 record will reflect that statement. Thank 24 you, Senator. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Is there any 2 further business at the desk? 3 ACTING PRESIDENT MORAHAN: There 4 is no other further business at the desk. 5 SENATOR SKELOS: Mr. President, 6 on behalf of Senator Bruno, I hand up the 7 committee assignment changes to be filed in 8 the Journal. 9 ACTING PRESIDENT MORAHAN: The 10 committee list is accepted. 11 SENATOR SKELOS: Mr. President, 12 there being no further business to come before 13 the Senate, I move we stand adjourned until 14 Tuesday, January 23rd, at 11:00 a.m. 15 ACTING PRESIDENT MORAHAN: On 16 motion, the Senate stands adjourned until 17 Tuesday, January 23rd, at 11:00 a.m. 18 (Whereupon, at 3:51 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25

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(518) 371-8910