Wednesday, April 20, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 20, 2005 11 11:06 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, April 19, the Senate met pursuant to 18 adjournment. The Journal of Monday, April 18, 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.

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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 believe there are substitutions at the desk, 10 if we could make them at this time. 11 THE PRESIDENT: The Secretary 12 will read. 13 THE SECRETARY: On page 4, 14 Senator Larkin moves to discharge, from the 15 Committee on Cities, Assembly Bill Number 5939 16 and substitute it for the identical Senate 17 Bill Number 2474, First Report Calendar 587. 18 On page 6, Senator Alesi moves to 19 discharge, from the Committee on Finance, 20 Assembly Bill Number 3981 and substitute it 21 for the identical Senate Bill Number 2781, 22 First Report Calendar 606. 23 And on page 6, Senator Trunzo moves 24 to discharge, from the Committee on Finance, 25 Assembly Bill Number 4762 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 3155, 2 First Report Calendar 608. 3 THE PRESIDENT: Substitutions 4 ordered. 5 Senator Skelos. 6 SENATOR SKELOS: Madam President, 7 there's a Resolution 1541 at the desk, by 8 Senator Sampson. Could we have the title read 9 and move for its immediate adoption. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: By Senator 13 Sampson, Legislative Resolution Number 1541, 14 commending the Brooklyn Section of the 15 National Council of Negro Women and honoring 16 the young achievers who will be recognized at 17 its 20th Annual Harambee Celebration. 18 THE PRESIDENT: On the 19 resolution, all in favor please signify by 20 saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The resolution is 25 adopted.

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Madam President, 3 there's a resolution at the desk, Resolution 4 Number 1542, by Senator Hassell-Thompson. 5 Could we have the title read and move for its 6 immediate adoption. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator 10 Hassell-Thompson, Legislative Resolution 11 Number 1542, commemorating the 40th 12 Anniversary of the Voting Rights Act of 1965. 13 THE PRESIDENT: On the 14 resolution, all in favor please signify by 15 saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: Opposed, nay. 18 (No response.) 19 THE PRESIDENT: The resolution is 20 adopted. 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 if we could go to the noncontroversial reading 24 of the calendar. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will read. 2 THE SECRETARY: Calendar Number 3 123, by Senator Robach, Senate Print 2165A, an 4 act to amend the Retirement and Social 5 Security Law, in relation to extension. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 46. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 369, by Senator Seward, Senate Print 81B, an 17 act in relation to granting Shirley J. Edwards 18 retirement service credit. 19 THE PRESIDENT: There is a 20 home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 4. 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, 47. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 380, by Senator Morahan, Senate Print 2044A, 6 an act to authorize the Town of Clarkstown, 7 County of Rockland. 8 THE PRESIDENT: There is a 9 home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 49. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 486, by Senator Marcellino, Senate Print 2855, 20 an act to amend the Vehicle and Traffic Law, 21 in relation to the number of prior 22 suspensions. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 49. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 501, by Senator Wright, Senate Print 2535, an 10 act to amend the Tax Law, in relation to the 11 imposition of sales and compensating use 12 taxes. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 49. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 504, by Senator Saland, Senate Print 2596, an 24 act to amend the Tax Law, in relation to sales 25 and compensating use tax.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 50. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 513, by Senator Winner, Senate Print 3270, an 12 act to amend the Tax Law, in relation to the 13 mortgage recording tax. 14 THE PRESIDENT: There is a local 15 fiscal impact note at the desk. 16 Read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 49. Nays, 22 1. Senator Valesky recorded in the negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 517, by Senator Libous, Senate Print -- 2 SENATOR SKELOS: Lay it aside for 3 the day, please. 4 THE PRESIDENT: The bill is laid 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 522, by Senator Nozzolio, Senate Print 1975, 8 an act to amend the Real Property Tax Law, in 9 relation to exempting. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 51. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 532, by Senator Trunzo, Senate Print 432, an 21 act to amend the Education Law, in relation to 22 payment of tuition and fees. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the first of August. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 51. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 555, by Senator Padavan, Senate Print 3971, an 9 act to amend the General Municipal Law and the 10 Retirement and Social Security Law, in 11 relation to increasing. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect July 1, 2005. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 52. 19 THE PRESIDENT: The bill is 20 passed. 21 Senator Skelos, that completes the 22 reading of the calendar. 23 SENATOR SKELOS: Thank you, Madam 24 President. 25 Is there any housekeeping at the

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(518) 371-8910 1 desk? 2 THE PRESIDENT: Yes, there is, 3 Senator. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Thank you, 6 Madam President. 7 On behalf of Senator Flanagan, I 8 wish to call up Calendar Number 426, Assembly 9 Print Number 1221. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: Calendar Number 13 426, by Member of the Assembly Tokasz, 14 Assembly Print Number 1221, an act to amend 15 the Election Law. 16 SENATOR FUSCHILLO: I now move to 17 reconsider the vote by which this Assembly 18 bill was substituted for Senate Print Number 19 2914 on April 12th. 20 THE PRESIDENT: The Secretary 21 will call the roll upon reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 52. 24 SENATOR FUSCHILLO: I now move 25 that Assembly Bill Number 1221 be recommitted

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(518) 371-8910 1 to the Committee on Elections. 2 THE PRESIDENT: So ordered. 3 SENATOR FUSCHILLO: Thank you. 4 And that the Senate bill be restored to the 5 order of Third Reading Calendar. 6 THE PRESIDENT: So ordered, 7 Senator. 8 SENATOR FUSCHILLO: I now offer 9 the following amendments. 10 THE PRESIDENT: The amendments 11 are received. 12 SENATOR FUSCHILLO: Thank you. 13 THE PRESIDENT: Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 would you please recognize Senator Valesky. 16 THE PRESIDENT: Senator Valesky. 17 SENATOR VALESKY: Madam 18 President, I have a motion at the desk. I 19 would like to have it called up at this time. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: Senate Print 23 3049, by Senator Valesky, Concurrent 24 Resolution of the Senate and Assembly 25 proposing amendments to Article 9 of the

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(518) 371-8910 1 constitution. 2 THE PRESIDENT: Senator Valesky. 3 SENATOR VALESKY: Madam 4 President, thank you. 5 We have heard, no doubt time and 6 time again, from our local government 7 officials the impact that state-imposed 8 unfunded mandates have on those local 9 governments, often forcing our counties, 10 cities, villages and other local governments 11 to cut services or raise taxes to cover 12 additional costs. 13 This particular bill, Senate Bill 14 3049, would amend the New York State 15 Constitution to prohibit the state from 16 imposing unfunded mandates. And it would make 17 compliance with new state mandates, once 18 determined to be unfunded, voluntary for local 19 governments, school districts, and others. 20 It would create a council on local 21 mandates appointed by the Governor and 22 legislative leaders. 23 The bill does include some 24 exceptions; for example, when it's necessary 25 to comply with federal law or, obviously, any

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(518) 371-8910 1 request from a locality through a home-rule 2 message process. 3 I think this is very, very 4 important for our localities across the State 5 of New York and in turn for our taxpayers, and 6 I urge the members of the Senate to support 7 this motion. 8 Thank you very much, Madam 9 President. 10 THE PRESIDENT: All those 11 Senators in favor of the petition out of 12 committee please raise your hand. 13 THE SECRETARY: Those Senators in 14 agreement are Breslin, Brown, Diaz, Dilan, 15 Duane, Gonzalez, Klein, L. Krueger, C. Kruger, 16 Montgomery, Paterson, Sabini, Schneiderman, 17 Serrano, A. Smith, M. Smith, Stachowski, 18 Valesky. Also Senator Stavisky. Also Senator 19 Savino. Also Senator Oppenheimer. Also 20 Senator Andrews. Also Senator Onorato. 21 THE PRESIDENT: The petition is 22 not agreed to. 23 Senator Skelos. 24 SENATOR SKELOS: Madam President, 25 there being no further business to come before

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(518) 371-8910 1 the Senate, I move we stand adjourned until 2 Monday, May 2nd, at 3:00 p.m., intervening 3 days being legislative days, and wish 4 everybody a healthy and happy break. 5 THE PRESIDENT: On motion, the 6 Senate now stands adjourned until Monday, 7 May 2nd, 3:00 p.m., intervening days being 8 legislative days. 9 Have a great break. 10 (Whereupon, at 11:18 a.m., the 11 Senate adjourned.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910