Wednesday, March 2, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 2, 2005 11 11:07 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, March 1, the Senate met pursuant to 18 adjournment. The Journal of Monday, 19 February 28, 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 Skelos. 8 SENATOR SKELOS: Madam President, 9 I move that we adopt the Resolution Calendar 10 in its entirety. 11 THE PRESIDENT: All in favor of 12 adopting the Resolution Calendar please 13 signify by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The Resolution 18 Calendar is adopted. 19 Senator Skelos. 20 SENATOR SKELOS: Madam President, 21 if we could go to the noncontroversial reading 22 of the calendar. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 56, by Senator Little, Senate Print 1756, an 2 act authorizing the payment of ordinary 3 disability retirement benefits. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 37. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 77, by Senator DeFrancisco, Senate Print 43, 15 an act to amend the Estates, Powers and Trusts 16 Law, in relation to the disqualification. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of January. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 37. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 85, by Senator Maltese, Senate Print 273, an 3 act to amend the Labor Law and the Penal Law, 4 in relation to certain employment of minors. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 4. 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, 40. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 96, by Senator Skelos, Senate Print 486, an 17 act to amend the Criminal Procedure Law and 18 the Family Court Act, in relation to evidence. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 6. This 22 act shall take effect on the first of 23 November. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 41. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 115, by Senator Marcellino, Senate Print 659, 6 an act to amend the Vehicle and Traffic Law, 7 in relation to aggravated unlicensed 8 operation. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 42. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 120, by Senator Maziarz, Senate Print 976, an 21 act to amend the Highway Law, in relation to 22 extending the "Niagara Wine Trail." 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 immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 42. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 122, by Senator Robach -- 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 14 129, by Senator Larkin, Senate Print 1735, an 15 act to amend the Alcoholic Beverage Control 16 Law, in relation to authorizing. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 7. This 20 act shall take effect on the 180th day. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 45. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 131, by Senator Libous, Senate Print 1817, an 3 act to amend Chapter 564 of the Laws of 2003 4 amending the Mental Hygiene Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 45. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 140, by Senator LaValle, Senate Print 1362, an 16 act to amend the General Municipal Law, in 17 relation to emergency rescue. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 47. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 142, by Senator Golden, Senate Print 1941, an 4 act to amend the General Municipal Law, in 5 relation to allowing police officers. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 47. 13 THE PRESIDENT: The bill is 14 passed. 15 Senator Skelos, that completes the 16 noncontroversial reading of the calendar. 17 SENATOR SKELOS: Madam President, 18 is there any further business at the desk? 19 THE PRESIDENT: No, there isn't, 20 Senator. 21 SENATOR SKELOS: There being no 22 further business to come before the Senate, I 23 move we stand adjourned until Monday, 24 March 7th, at 3:00 p.m., intervening days 25 being legislative days.

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(518) 371-8910 1 THE PRESIDENT: On motion, the 2 Senate stands adjourned until Monday, March 7, 3 3:00 p.m., intervening days being legislative 4 days. 5 (Whereupon, at 11:12 a.m., the 6 Senate adjourned.) 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