Monday, February 28, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 28, 2005 11 3:13 p.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 Sunday, February 27, the Senate met pursuant 18 to adjournment. The Journal of Saturday, 19 February 26, was read and approved. On 20 motion, 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 Spano. 8 SENATOR SPANO: Madam President, 9 could we just go directly to the 10 noncontroversial reading of the calendar, 11 please. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 17, by Senator Maziarz, Senate Print 210, an 16 act to amend the Penal Law, in relation to 17 increased penalties. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 5. This 21 act shall take effect on the first of 22 November. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 47.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 58, by Senator LaValle, Senate Print 559A, an 5 act to amend the Education Law, in relation to 6 standards. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 30th day. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 58 are 15 Senators Fuschillo and Marcellino. 16 Ayes, 47. Nays, 2. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 65, by Member of the Assembly Tonko, Assembly 21 Print Number 2338, an act to amend the 22 Environmental Conservation Law, in relation to 23 possession of wild animals as pets. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 48. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Excuse me. Ayes, 9 49. 10 THE PRESIDENT: The bill is still 11 passed. 12 THE SECRETARY: Calendar Number 13 71, by Senator Trunzo, Senate Print 428, an 14 act to amend the Education Law, in relation to 15 scholarships for academic excellence. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of August. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 50. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 73, by Senator Little, Senate Print 731, an 2 act to amend the Local Finance Law, in 3 relation to advance refunding. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 50. 11 THE PRESIDENT: The bill is 12 passed. 13 Senator Spano, that completes the 14 noncontroversial reading of the calendar. 15 SENATOR SPANO: Madam President, 16 is there any other business at the desk? 17 THE PRESIDENT: No, there isn't, 18 Senator. 19 SENATOR SPANO: There being no 20 further business, I move we adjourn until 21 Tuesday, March 1st, at 3:00 p.m. 22 THE PRESIDENT: On motion, the 23 Senate now stands adjourned until Tuesday, 24 March 1st, 3:00 p.m. 25 (Whereupon, at 3:16 p.m., the

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(518) 371-8910 1 Senate adjourned.) 2 3 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