Monday, March 28, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 28, 2005 11 5:42 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. 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, March 27, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 March 26, was read and approved. On motion, 20 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 Farley. 8 SENATOR FARLEY: Thank you, Madam 9 President. 10 On behalf of Senator Maziarz, on 11 page 25 I offer the following amendments to 12 Calendar Number 307, Senate Print 211, and I 13 ask that that bill retain its place on the 14 Third Reading Calendar. 15 THE PRESIDENT: The amendments 16 are received, Senator, and the bill will 17 retain its place on the Third Reading 18 Calendar. 19 SENATOR FARLEY: On behalf of 20 Senator Marcellino, Madam President, on 21 page 14 I offer the following amendments to 22 Calendar Number 62, Senate Print 891, and I 23 ask that that bill retain its place on the 24 Third Reading Calendar. 25 THE PRESIDENT: Those amendments

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(518) 371-8910 1 are also received, and that bill also will 2 retain its place on the Third Reading 3 Calendar. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Thank you, 6 Madam President. 7 On behalf of Senator Johnson, I 8 wish to call up Senate Print Number 550D, 9 recalled from the Assembly, which is now at 10 the desk. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 269, Senate Budget Bill, Senate Print 550D, an 15 act making appropriations for the support of 16 government. 17 THE PRESIDENT: Senator 18 Fuschillo. 19 SENATOR FUSCHILLO: I now move to 20 reconsider the vote by which this bill was 21 passed. 22 THE PRESIDENT: The Secretary 23 will call the roll upon reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 40.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 restored to its place on the Third Reading 3 Calendar. 4 SENATOR FUSCHILLO: Madam 5 President, I now move to recommit the bill to 6 the Committee on Finance. 7 THE PRESIDENT: So ordered, 8 Senator. 9 SENATOR FUSCHILLO: Thank you. 10 Madam President, on behalf of 11 Senator Johnson, I wish to call up Senate 12 Print Number 551A, recalled from the Assembly, 13 which is now at the desk. 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: Calendar Number 17 270, Senate Budget Bill, Senate Print 551A, an 18 act making appropriations for the support of 19 government. 20 THE PRESIDENT: Senator 21 Fuschillo. 22 SENATOR FUSCHILLO: I now move to 23 reconsider the vote by which the bill was 24 passed. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will call the roll upon reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 40. 4 SENATOR FUSCHILLO: I now move to 5 recommit the bill to the Committee on Finance. 6 THE PRESIDENT: So ordered. 7 SENATOR FUSCHILLO: Madam 8 President, on behalf of Senator Johnson, I 9 wish to call up Senate Print Number 553D, 10 recalled from the Assembly, which is now at 11 the desk. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 277, Senate Budget Bill, Senate Print 553D, an 16 act making appropriations for the support of 17 government. 18 THE PRESIDENT: Senator 19 Fuschillo. 20 SENATOR FUSCHILLO: I now move to 21 reconsider the vote by which the bill was 22 passed. 23 THE PRESIDENT: The Secretary 24 will call the roll upon reconsideration. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 46. 2 THE PRESIDENT: Senator. 3 SENATOR FUSCHILLO: I now move to 4 recommit the bill to the Committee on Finance. 5 THE PRESIDENT: So ordered. 6 SENATOR FUSCHILLO: Madam 7 President, on behalf of Senator Johnson, I 8 wish to call up Senate Print Number 554D, 9 recalled from the Assembly, which is now at 10 the desk. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: Calendar Number 14 278, Senate Budget Bill, Senate Print 554D, an 15 act making appropriations for the support of 16 government. 17 SENATOR FUSCHILLO: I now move to 18 reconsider the vote by which the bill was 19 passed. 20 THE PRESIDENT: The Secretary 21 will call the roll upon reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 46. 24 SENATOR FUSCHILLO: Madam 25 President, I now move to recommit the bill to

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(518) 371-8910 1 the Committee on Finance. 2 THE PRESIDENT: So ordered. 3 SENATOR FUSCHILLO: Madam 4 President, on behalf of Senator Johnson, I 5 wish to call up Senate Print Number 555D, 6 recalled from the Assembly, which is now at 7 the desk. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: Calendar Number 11 271, Senate Budget Bill, Senate Print 555D, an 12 act making appropriations for the support of 13 government. 14 SENATOR FUSCHILLO: I now move to 15 reconsider the vote by which the bill was 16 passed. 17 THE PRESIDENT: The Secretary 18 will call the roll upon reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 46. 21 SENATOR FUSCHILLO: Madam 22 President, I now move to recommit the bill to 23 the Committee on Finance. 24 THE PRESIDENT: So ordered. 25 SENATOR FUSCHILLO: Madam

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(518) 371-8910 1 President, on behalf of Senator Johnson, I 2 wish to recall Senate Print Number 990B, 3 recalled from the Assembly, which is now at 4 the desk. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: Calendar Number 8 279, Senate Budget Bill, Senate Print 990B, an 9 act to amend the Penal Law. 10 SENATOR FUSCHILLO: I now move to 11 reconsider the vote by which the bill was 12 passed. 13 THE PRESIDENT: The Secretary 14 will call the roll upon reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 47. 17 THE PRESIDENT: Senator 18 Fuschillo. 19 SENATOR FUSCHILLO: I now move to 20 recommit the bill to the Committee on Finance. 21 THE PRESIDENT: So ordered. 22 SENATOR FUSCHILLO: Madam 23 President, on behalf of Senator Johnson, I 24 wish to call up Senate Print Number 991B, 25 recalled from the Assembly, which is now at

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(518) 371-8910 1 the desk. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: Calendar Number 5 280, Senate Budget Bill, Senate Print 991B, an 6 act to amend the Public Authorities Law. 7 SENATOR FUSCHILLO: I now move to 8 reconsider the vote by which the bill was 9 passed. 10 THE PRESIDENT: The Secretary 11 will call the roll upon reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 47. 14 SENATOR FUSCHILLO: I now move to 15 recommit the bill to the Committee on Finance. 16 THE PRESIDENT: So ordered. 17 SENATOR FUSCHILLO: Madam 18 President, on behalf of Senator Johnson, I 19 wish to call up Senate Print Number 992B, 20 recalled from the Assembly, which is now at 21 the desk. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 281, Senate Budget Bill, Senate Print 991B, an

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(518) 371-8910 1 act to amend the Public Health Law. 2 SENATOR FUSCHILLO: I now move to 3 reconsider the vote by which the bill was 4 passed. 5 THE PRESIDENT: The Secretary 6 will call the roll upon reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 47. 9 SENATOR FUSCHILLO: I now move to 10 recommit the bill to the Committee on Finance. 11 THE PRESIDENT: So ordered. 12 SENATOR FUSCHILLO: Madam 13 President, on behalf of Senator Johnson, I 14 wish to call up Senate Print Number 993B, 15 recalled from the Assembly, which is now at 16 the desk. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Calendar Number 20 272, Senate Budget Bill, Senate Print 993B, an 21 act to amend Chapter 278 of the Laws of 1982. 22 SENATOR FUSCHILLO: I now move to 23 reconsider the vote by which the bill was 24 passed. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will call the roll upon reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 49. 4 SENATOR FUSCHILLO: I now move to 5 recommit the bill to the Committee on Finance. 6 THE PRESIDENT: So ordered. 7 SENATOR FUSCHILLO: Madam 8 President, on behalf of Senator Johnson, I 9 wish to call up Senate Print Number 994B, 10 recalled from the Assembly, which is now at 11 the desk. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 273, Senate Budget Bill, Senate Print 994B, an 16 act to amend the Public Authorities Law. 17 SENATOR FUSCHILLO: I now move to 18 reconsider the vote by which the bill was 19 passed. 20 THE PRESIDENT: The Secretary 21 will call the roll upon reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 49. 24 SENATOR FUSCHILLO: I now move to 25 recommit the bill to the Committee on Finance.

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(518) 371-8910 1 THE PRESIDENT: So ordered. 2 SENATOR FUSCHILLO: Madam 3 President, on behalf of Senator Johnson, I 4 wish to call up Senate Print Number 995C, 5 recalled from the Assembly, which is now at 6 the desk. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 274, Senate Budget Bill, Senate Print 995C, an 11 act to amend the Tax Law. 12 SENATOR FUSCHILLO: I now move to 13 reconsider the vote by which the bill was 14 passed. 15 THE PRESIDENT: The Secretary 16 will call the roll upon reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 49. 19 SENATOR FUSCHILLO: I now move to 20 recommit the bill to the Committee on Finance. 21 THE PRESIDENT: So ordered. 22 SENATOR FUSCHILLO: Thank you. 23 THE PRESIDENT: Senator Skelos. 24 SENATOR SKELOS: Madam President, 25 if we could go to the noncontroversial reading

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(518) 371-8910 1 of the calendar, please. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: Calendar Number 5 226, by Senator Rath, Senate Print 2636, an 6 act to adjust certain state aid payments. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 49. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 243, by Senator Seward, Senate Print 1629, an 18 act to amend the Tax Law, in relation to 19 extending the authorization. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 49. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 254, by Senator Meier, Senate Print 2487, an 6 act to amend the Domestic Relations Law, in 7 relation to notification. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of January. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 50. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 284, by Senator Maziarz, Senate Print 3108, an 19 act to amend Part E2 of Chapter 62 of the Laws 20 of 2003. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 50. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 287, by Senator Morahan -- 7 SENATOR MORAHAN: Lay it aside 8 for the day. 9 THE PRESIDENT: The bill is laid 10 aside for the day. 11 THE SECRETARY: Calendar Number 12 288, by Senator Golden, Senate Print 2197, an 13 act to amend the General Business Law, in 14 relation to cyber-cafes. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 50. Nays, 22 1. Senator Libous recorded in the negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 289, by Senator Skelos, Senate Print 2726, an 2 act to amend the General Business Law, in 3 relation to the sale of laser pointing 4 devices. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the first of 9 September. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 51. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 393, by Senator Maziarz, Senate Print 3188, an 17 act to amend Chapter 218 of the Laws of 2004 18 amending the Tax Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 51.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 Senator Skelos, that completes the 4 reading of the calendar. 5 SENATOR SKELOS: Madam President, 6 is there any further business at the desk? 7 THE PRESIDENT: No, there isn't, 8 Senator. 9 SENATOR SKELOS: Please recognize 10 Senator Gonzalez. 11 THE PRESIDENT: Senator Gonzalez. 12 SENATOR GONZALEZ: Yes, Madam 13 President. There will be a Minority 14 conference tomorrow, Tuesday, March 29th, 15 2:00 p.m., in Room 314. 16 Thank you. 17 THE PRESIDENT: There will be a 18 Minority conference tomorrow, Tuesday, 19 March 29th, 2:00 p.m., in the Minority 20 Conference Room, Room 314. 21 SENATOR SKELOS: Madam President, 22 just as a reminder, there will be a Majority 23 conference tomorrow at 2:00 p.m. also, in the 24 Majority Conference Room. 25 THE PRESIDENT: There will be a

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(518) 371-8910 1 Majority conference tomorrow, also at 2 2:00 p.m., in the Majority Conference Room. 3 Senator Skelos. 4 SENATOR SKELOS: There being no 5 further business to come before the Senate, I 6 move we stand adjourned until Tuesday, 7 March 29th, at 3:00 p.m. 8 THE PRESIDENT: On motion, the 9 Senate stands adjourned until Tuesday, 10 March 29th, 3:00 p.m. 11 (Whereupon, at 5:59 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910