Wednesday, April 13, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 13, 2005 11 11:09 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

Candyco Transcription Service, Inc.

(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, April 12, the Senate met pursuant to 18 adjournment. The Journal of Monday, April 11, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc.

(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 Bonacic. 8 SENATOR BONACIC: Thank you, 9 Madam President. 10 On behalf of Senator Skelos, we'd 11 like to amend the bill on the calendar, the 12 third reading. On page number 26, I offer the 13 following amendments to Calendar Number 441, 14 Print Number 3685A, and ask that said bill 15 retain its place on the Third Reading 16 Calendar. 17 THE PRESIDENT: The amendments 18 are received, and the bill will retain its 19 place on the Third Reading Calendar. 20 SENATOR BONACIC: Also, Madam 21 President, on behalf of Senator Volker, we'd 22 like to vote to reconsider a bill recalled 23 from the Assembly. 24 I wish to call up Bill Number 1524, 25 recalled from the Assembly, which is now at

Candyco Transcription Service, Inc.

(518) 371-8910 1 the desk. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: Calendar Number 5 451, by Senator Volker, Senate Print 1524, an 6 act to amend the Criminal Procedure Law. 7 SENATOR BONACIC: Madam 8 President, I now move to reconsider the vote 9 by which the bill was passed. 10 THE PRESIDENT: The Secretary 11 will call the roll upon reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 43. 14 SENATOR BONACIC: Thank you, 15 Madam President. 16 THE PRESIDENT: The bill is 17 restored to Third Reading Calendar. 18 Senator Bruno. 19 SENATOR BRUNO: Madam President, 20 I believe that there are three resolutions at 21 the desk by Senator Golden. I would ask that 22 the titles be read and move for their 23 immediate adoption. 24 THE PRESIDENT: The Secretary 25 will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: By Senator 2 Golden, Legislative Resolution Number 1418, 3 commending Robert Pertsas upon the occasion of 4 being inducted into the Kingsborough Community 5 College Wall of Fame on April 20, 2005. 6 By Senator Golden, Legislative 7 Resolution Number 1419, commending Maria E. 8 Campanella upon the occasion of being inducted 9 into the Kingsborough Community College Wall 10 of Fame on April 20, 2005. 11 And by Senator Golden, Legislative 12 Resolution Number 1420, commending Cheryl Ault 13 upon the occasion of being inducted into the 14 Kingsborough Community College Wall of Fame on 15 April 20, 2005. 16 THE PRESIDENT: Senator Golden. 17 SENATOR GOLDEN: Thank you, Madam 18 President. 19 Kingsborough Community College is 20 an outstanding institution in the County of 21 Kings where 16,000 students attend this 22 facility. It's on the waterfront. It is a 23 facility that has run down over the years and 24 needed a tremendous amount of work to be able 25 to bring back to focus and to bring back its

Candyco Transcription Service, Inc.

(518) 371-8910 1 mission statement of educating the children 2 and adults of Kings County. 3 They've done such a great job in 4 going out there and reaching out to some of 5 the student body that has graduated that have 6 made great inroads in the city and state of 7 New York. 8 And we are very proud of those 9 honorees that are being given a proclamation 10 next week at their honoring, to show the great 11 works that Kingsborough College has done for 12 Kings County and for their student base. 13 We are proud of that school, and 14 they are on their way of raising real money 15 and being a real partner with the city and 16 state in bringing in dollars privately through 17 these different honored guests. 18 So we commend Ms. Peruggi, the 19 president of Kingsborough, and we congratulate 20 the three honorees and the mission of CUNY 21 College in the City of New York. 22 Thank you, Madam President. 23 THE PRESIDENT: You're welcome. 24 All in favor of the resolution -- 25 Senator Stavisky.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR STAVISKY: Thank you, 2 Madam President. 3 May I just add my congratulations 4 too. Because at the very beginning of 5 Kingsborough Community College, my husband was 6 on the faculty for many years, when it was a 7 college consisting of nothing but quonset huts 8 in South Brooklyn. 9 So I'm delighted to see it has 10 become so successful and such an important 11 part of the CUNY family. And from this side 12 of the aisle, we congratulate CUNY. 13 Thank you. 14 THE PRESIDENT: All in favor of 15 the resolutions, please signify by saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: Opposed, nay. 18 (No response.) 19 THE PRESIDENT: The resolutions 20 are adopted. 21 Senator Bruno. 22 SENATOR BRUNO: Madam President, 23 can we at this time have the noncontroversial 24 reading of the calendar. 25 THE PRESIDENT: The Secretary

Candyco Transcription Service, Inc.

(518) 371-8910 1 will read. 2 THE SECRETARY: Calendar Number 3 4, by Senator Skelos, Senate Print 85A, an act 4 to amend the Limited Liability Company Law and 5 others. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 24. This 9 act shall take effect on the first day of the 10 first month which commences. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE PRESIDENT: Senator Breslin, 14 to explain your vote. 15 SENATOR BRESLIN: Madam 16 President, to explain my vote. 17 The Pro Bono Lawyers Committee on 18 Microenterprise has expressed some concerns 19 about the onerous burden that newspaper 20 publication imposes on microenterprises. 21 Microenterprise businesses with 22 five or fewer employees and started with fees 23 less than $35,000 in capital are a vital part 24 of New York State's economic fabric, 25 accounting for nearly 19 percent of all

Candyco Transcription Service, Inc.

(518) 371-8910 1 employment in the State of New York. 2 Microenterprises frequently 3 organize as LLCs because the LLC structure 4 offers a great deal of flexibility, protection 5 for personal assets, and is relatively 6 inexpensive. 7 While I will vote for this bill, in 8 the future I urge my colleagues to consider 9 the special needs of these small businesses. 10 I hope we can find ways to reduce the burden 11 on this vital and growing part of our state's 12 economy. 13 I vote yes. 14 THE PRESIDENT: You will be so 15 recorded as voting in the affirmative, 16 Senator. 17 The Secretary will announce the 18 results. 19 THE SECRETARY: Ayes, 54. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 267, by Senator Golden, Senate Print 1821, an 24 act to amend the Education Law, in relation to 25 authorizing.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of April. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 53. Nays, 8 1. Senator Duane recorded in the negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 364, by Senator Meier, Senate Print 2318, an 13 act to amend the Vehicle and Traffic Law, in 14 relation to authorizing. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of January. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 53. Nays, 22 1. Senator Duane recorded in the negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 407, by Senator Larkin, Senate Print 2475, an 2 act to amend the General Business Law and 3 others. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 5. This 7 act shall take effect on the 180th day. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 54. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 436, by Senator Robach, Senate Print 3331, an 15 act to amend the Civil Service Law, in 16 relation to authorizing. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 54. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 444, by Senator Maltese, Senate Print 3597, an 3 act to amend Labor Law and the Civil Service 4 Law, in relation to employees' right. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 54. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 445, by Senator Maziarz, Senate Print 3748, an 16 act to amend the Workers' Compensation Law, in 17 relation to disqualifying. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of July. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 54. 25 THE PRESIDENT: The bill is

Candyco Transcription Service, Inc.

(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 449, by Senator Volker, Senate Print 877, an 4 act to amend the Criminal Procedure Law, in 5 relation to granting. 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, 54. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 476, by Senator Marcellino, Senate Print 1310, 17 an act to amend the Vehicle and Traffic Law, 18 in relation to operation of a motor vehicle. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 September. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 54. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 493, by Senator Farley, Senate Print 946, an 6 act to amend Chapter 489 of the Laws of 2004, 7 amending the Tax Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 54. 15 THE PRESIDENT: The bill is 16 passed. 17 Senator Bruno, that completes the 18 reading of the calendar. 19 SENATOR BRUNO: Madam President, 20 is there any other work for the Senate at the 21 desk this morning? 22 THE PRESIDENT: No work at the 23 desk, Senator. 24 SENATOR BRUNO: There is nothing 25 else for us to do on this beautiful day?

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: I said no work at 2 the desk. 3 (Laughter.) 4 SENATOR BRUNO: Oh, thank you. 5 Thank you, Madam President. 6 Then I would move that there being 7 no further business to come before the Senate 8 on this day, that we stand adjourned until 9 April 18th, Monday, at 3:00 p.m., intervening 10 days being legislative days. 11 Thank you. 12 THE PRESIDENT: On motion, there 13 being no further work at the desk, we stand 14 adjourned until Monday, April 18th, at 15 3:00 p.m., intervening days being legislative 16 days. 17 (Whereupon, at 11:20 a.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910