Monday, February 14, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 14, 2005 11 3:03 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ELIZABETH O'C. LITTLE, 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 LITTLE: 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 LITTLE: The 10 invocation today will be given by the Reverend 11 Peter G. Young, of Blessed Sacrament Church in 12 Bolton Landing. 13 REVEREND YOUNG: Dear God, as the 14 snow falls today, we can remember instances 15 when we needed a little mercy. 16 Maybe we needed an extension on a 17 project; maybe we needed a loan or, as is 18 often the case, we needed forgiveness from 19 someone whom we had hurt. 20 Remember the sigh of relief when 21 mercy was granted and the grief and 22 disappointment when mercy was denied. 23 O merciful God, You give us in the 24 Senate what we need for constant guidance in 25 Your call. Grant that we will be able to be

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(518) 371-8910 1 generous in mercy toward all New York State 2 citizens. May we be known as Senators of 3 mercy and forgiveness. 4 We ask You this in Your name, now 5 and forever. Amen. 6 ACTING PRESIDENT LITTLE: Thank 7 you, Father Young. 8 Reading of the Journal. 9 THE SECRETARY: In Senate, 10 Sunday, February 13, the Senate met pursuant 11 to adjournment. The Journal of Saturday, 12 February 12, was read and approved. On 13 motion, Senate adjourned. 14 ACTING PRESIDENT LITTLE: Without 15 objection, the Journal stands approved as 16 read. 17 Presentation of petitions. 18 Messages from the Assembly. 19 Messages from the Governor. 20 Reports of standing committees. 21 Reports of select committees. 22 Communications and reports from 23 state officers. 24 Motions and resolutions. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 I believe there's a substitution at the desk. 3 If it could be made at this time. 4 ACTING PRESIDENT LITTLE: The 5 Secretary will read. 6 THE SECRETARY: On page 6, 7 Senator Marcellino moves to discharge, from 8 the Committee on Environmental Conservation, 9 Assembly Bill Number 2338 and substitute it 10 for the identical Senate Bill Number 1853, 11 Second Report Calendar 65. 12 ACTING PRESIDENT LITTLE: The 13 substitution is ordered. 14 Senator Skelos. 15 SENATOR SKELOS: Madam President, 16 if we could go to the noncontroversial reading 17 of the calendar. 18 ACTING PRESIDENT LITTLE: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 23, by Senator Marcellino, Senate Print 670, 22 an act to amend the Penal Law, in relation to 23 criminally negligent homicide. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of January. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 40. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 24, by Senator Little, Senate Print 719, an 11 act to amend the Penal Law, in relation to 12 increasing the penalties for hazing. 13 ACTING PRESIDENT LITTLE: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the first of 17 November. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 40. 22 ACTING PRESIDENT LITTLE: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 31, by Senator Maziarz, Senate Print 110, an

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(518) 371-8910 1 act to amend the Highway Law, in relation to 2 the designation. 3 ACTING PRESIDENT LITTLE: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 42. 11 ACTING PRESIDENT LITTLE: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 34, by Senator Maziarz, Senate Print 302, an 15 act to amend the Highway Law, in relation to 16 the designation. 17 ACTING PRESIDENT LITTLE: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 44. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 39, by Senator Volker, Senate Print 884, an 4 act to amend the Real Property Tax Law, in 5 relation to a taxing district's obtaining. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 46. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 Senator Skelos, that completes the 17 noncontroversial reading of the calendar. 18 SENATOR SKELOS: Madam President, 19 is there any housekeeping at the desk? 20 ACTING PRESIDENT LITTLE: No, 21 Senator Skelos, there isn't. 22 SENATOR SKELOS: There being no 23 further business to come before the Senate, I 24 move we stand adjourned until Tuesday, 25 February 15th, at 3:00 p.m.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: On 2 motion, the Senate stands adjourned until 3 Tuesday, February 15th, at 3:00 p.m. 4 (Whereupon, at 3:07 p.m., the 5 Senate adjourned.) 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