Wednesday, March 23, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 23, 2005 11 3:13 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR RAYMOND A. MEIER, 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 MEIER: The 3 Senate will come to order. 4 May I ask everyone present to 5 please rise and repeat with me the Pledge of 6 Allegiance to the Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MEIER: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MEIER: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, March 22, the Senate met pursuant to 18 adjournment. The Journal of Monday, March 21, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT MEIER: 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 Seward. 8 SENATOR SEWARD: Yes, Mr. 9 President. I move that the following bill be 10 discharged from its respective committee and 11 be recommitted with instructions to strike the 12 enacting clause. And it's a Senator Volker 13 bill, Number 3164. 14 ACTING PRESIDENT MEIER: So 15 ordered. 16 SENATOR SEWARD: Thank you. 17 ACTING PRESIDENT MEIER: Thank 18 you, Senator. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, I 21 believe there's a substitution at the desk, if 22 we could make it at this time. 23 ACTING PRESIDENT MEIER: Yes, 24 there is. 25 The Secretary will read the

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(518) 371-8910 1 substitution. 2 THE SECRETARY: On page 5, 3 Senator Spano moves to discharge, from the 4 Committee on Judiciary, Assembly Bill Number 5 1246 and substitute it for the identical 6 Senate Bill Number 3128, First Report Calendar 7 325. 8 ACTING PRESIDENT MEIER: 9 Substitution ordered. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 there are two resolutions at the desk by 13 Senator Saland, 1029 and 1030. Could we have 14 the titles read and move for their immediate 15 adoption. 16 ACTING PRESIDENT MEIER: The 17 Secretary will read. 18 THE SECRETARY: By Senator 19 Saland, Legislative Resolution Number 1029, 20 honoring Investigator George J. Hoffman upon 21 the occasion of his retirement from the 22 Columbia County Sheriff's Office after 23 28 years of dedicated service. 24 And by Senator Saland, Legislative 25 Resolution Number 1030, honoring Deputy

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(518) 371-8910 1 Sheriff Paul Comesanas upon the occasion of 2 his retirement from the Columbia County 3 Sheriff's Office after 23 years of dedicated 4 service. 5 ACTING PRESIDENT MEIER: The 6 question is on the resolutions. All those in 7 favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT MEIER: Those 10 opposed, nay. 11 (No response.) 12 ACTING PRESIDENT MEIER: The 13 resolutions are adopted. 14 Senator Skelos. 15 SENATOR SKELOS: If we could go 16 to the noncontroversial reading of the 17 calendar. 18 ACTING PRESIDENT MEIER: The 19 Secretary will conduct the noncontroversial 20 reading of the calendar. 21 THE SECRETARY: Calendar Number 22 79, by Senator Little, Senate Print 872, 23 Concurrent Resolution of the Senate and 24 Assembly proposing an amendment to Section 1 25 of Article 14 of the Constitution.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: On the 2 resolution, the Secretary will call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 45. 5 ACTING PRESIDENT MEIER: The 6 resolution is adopted. 7 THE SECRETARY: Calendar Number 8 196, by Senator LaValle, Senate Print 2355, an 9 act to amend Chapter 20 of the Laws of 1998 10 amending the Education Law. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 45. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 215, by Senator Rath, Senate Print 1520, an 23 act to amend the Penal Law, in relation to 24 repeat offender status. 25 ACTING PRESIDENT MEIER: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 49. Nays, 9 1. Senator Duane recorded in the negative. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 216, by Senator Volker, Senate Print 1530, an 14 act to amend the Criminal Procedure Law, in 15 relation to appeals. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 51. Nays, 24 1. Senator Duane recorded in the negative. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 237, by Senator Little, Senate Print 728, an 4 act to amend the Tax Law, in relation to the 5 timing of distribution. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 52. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 240, by Member of the Assembly Bradley, 18 Assembly Print Number 1877, an act to amend 19 the Tax Law, in relation to extending. 20 ACTING PRESIDENT MEIER: There is 21 a local fiscal impact note at the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 52. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 241, by Senator Seward, Senate Print 1047, an 8 act to amend the Tax Law, in relation to 9 extending the period. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 52. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 242, by Senator Seward, Senate Print 1048, an 22 act to amend the Tax Law, in relation to 23 extending the authorization. 24 ACTING PRESIDENT MEIER: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 244, by Senator Balboni, Senate Print 1744, an 11 act to amend the Alcoholic Beverage Control 12 Law, in relation to the issuance of temporary 13 carnival licenses. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 45th day. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 244 are 23 Senators Duane, L. Krueger, LaValle, Meier and 24 Padavan. 25 Ayes, 48. Nays, 5.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 253, by Senator Meier, Senate Print 2486, an 5 act to amend Chapter 436 of the Laws of 1997, 6 constituting the Welfare Reform Act of 1997. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 53. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 302, by Senator Skelos, Senate Print 3089, an 19 act to amend the Vehicle and Traffic Law, in 20 relation to the operation of vehicles. 21 ACTING PRESIDENT MEIER: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the same date and in 25 the same manner as a chapter of the Laws of

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(518) 371-8910 1 2004. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 53. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 Senator Skelos, that completes the 9 calendar. 10 SENATOR SKELOS: Thank you, Mr. 11 President. 12 I'd like to announce, on behalf of 13 Senator LaValle, that the Higher Education 14 Joint Conference Committee will be meeting at 15 3:00 p.m. in Hearing Room C. 3:30, I'm sorry. 16 3:30 in Hearing Room C. 17 And, Mr. President, there will be a 18 meeting of the Rules Committee at 3:35 -- the 19 room apparently is not available yet -- and 20 then we'll take the report of the Rules 21 Committee and adjourn. So if we could just 22 stand at ease at this time. 23 Is there any housekeeping at the 24 desk? 25 ACTING PRESIDENT MEIER: No

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(518) 371-8910 1 business, Senator. 2 So the Senate, then, will stand at 3 ease until the report of the Rules Committee. 4 (Whereupon, the Senate stood at 5 ease at 3:22 p.m.) 6 SENATOR SKELOS: Mr. President. 7 ACTING PRESIDENT MEIER: Senator 8 Skelos. 9 SENATOR SKELOS: There will be an 10 immediate meeting of the Rules Committee in 11 the Majority Conference Room. 12 ACTING PRESIDENT MEIER: 13 Immediate meeting of the Rules Committee in 14 the Majority Conference Room. 15 The Senate will stand at ease. 16 (Whereupon, the Senate reconvened 17 at 3:38 p.m.) 18 ACTING PRESIDENT MEIER: Senator 19 Skelos. 20 SENATOR SKELOS: Thank you. 21 If we could return to reports of 22 standing committees, I believe there's a 23 report of the Rules Committee at the desk. I 24 ask that it be read at this time. 25 ACTING PRESIDENT MEIER: Reports

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(518) 371-8910 1 of standing committees. 2 The Secretary will read. 3 THE SECRETARY: Senator Bruno, 4 from the Committee on Rules, reports the 5 following bill direct to third reading: 6 Senate Print 3188, by Senator 7 Maziarz, an act to amend Chapter 218 of the 8 Laws of 2004 amending the Tax Law. 9 ACTING PRESIDENT MEIER: Senator 10 Skelos. 11 SENATOR SKELOS: Move to accept 12 the report of the Rules Committee. 13 ACTING PRESIDENT MEIER: All 14 those in favor of accepting the report of the 15 Rules Committee signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MEIER: Those 18 opposed, nay. 19 (No response.) 20 ACTING PRESIDENT MEIER: The 21 report of the Rules Committee is accepted. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 there being no further business to come before 25 the Senate, I move we stand adjourned until

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(518) 371-8910 1 Tuesday, March 29th at 3:00 p.m., intervening 2 days being legislative days. 3 ACTING PRESIDENT MEIER: On 4 motion, the Senate stands adjourned until 5 Tuesday, March 29th, at 3:00 p.m. Intervening 6 days will be legislative days. 7 (Whereupon, at 3:40 p.m., the 8 Senate adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910