Regular Session - June 4, 2003
3499
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 4, 2003
11:07 a.m.
REGULAR SESSION
SENATOR GEORGE D. MAZIARZ, Acting President
STEVEN M. BOGGESS, Secretary
3500
P R O C E E D I N G S
ACTING PRESIDENT MAZIARZ: The
Senate will please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MAZIARZ: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MAZIARZ:
Reading of the Journal.
THE SECRETARY: In Senate,
Tuesday, June 3, the Senate met pursuant to
adjournment. The Journal of Monday, June 2,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MAZIARZ:
Without objection, the Journal stands approved
as read.
Presentation of petitions.
Messages from the Assembly.
3501
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I wish to call up my bill, Print
Number 4131, recalled from the Assembly, which
is now at the desk.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
573, by Senator Marcellino, Senate Print 4131,
an act to amend Chapter 122 of the Laws of
2000, amending the Environmental Conservation
Law.
ACTING PRESIDENT MAZIARZ:
Senator Marcellino.
SENATOR MARCELLINO: I now move
to reconsider the vote by which this bill was
passed.
ACTING PRESIDENT MAZIARZ: The
Secretary will call the roll on
3502
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MAZIARZ:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MAZIARZ: The
amendments are received and adopted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I wish to call up Senator Kuhl's
bill, Print Number 2244, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
1049, by Senator Kuhl, Senate Print 2244, an
act to amend the County Law.
ACTING PRESIDENT MAZIARZ:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
3503
ACTING PRESIDENT MAZIARZ: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MAZIARZ:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MAZIARZ: The
amendments are received and adopted.
SENATOR MARCELLINO: Thank you.
ACTING PRESIDENT MAZIARZ:
Senator Spano.
SENATOR SPANO: Mr. President, on
behalf of Senator Wright, on page 42, I offer
the following amendments to Calendar 919,
Senate Print 4932, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MAZIARZ: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
3504
Senator Spano.
SENATOR SPANO: On behalf of
Senator Balboni, on page 36, I offer the
following amendments to Calendar 820, Senate
Print 4159, and ask that said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT MAZIARZ: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe there are substitutions at the desk,
if we could make them at this time.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: On page 51,
Senator Saland moves to discharge, from the
Committee on Rules, Assembly Bill Number 7972
and substitute it for the identical Senate
Bill Number 3426, Third Reading Calendar 1068.
And on page 52, Senator Golden
moves to discharge, from the Committee on
Investigations and Government Operations,
Assembly Bill Number 7032 and substitute it
3505
for the identical Senate Bill Number 4181,
Third Reading Calendar 1077.
ACTING PRESIDENT MAZIARZ:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could adopt the Resolution Calendar at
this time in its entirety.
ACTING PRESIDENT MAZIARZ: All in
favor of adopting the Resolution Calendar
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could have Resolution 1977, by Senator
Bonacic, read. This resolution was passed on
June 3rd.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: By Senator
3506
Bonacic, Legislative Resolution Number 1977,
commending the Valedictorians, Salutatorians,
and honored students of the 42nd Senate
District, in recognition of their outstanding
accomplishments, at a celebration to be held
at the State Capitol on June 4, 2003.
"WHEREAS, It is the sense of this
Legislative Body to act in accord with its
longstanding traditions, to honor the youth of
today -- the leaders of tomorrow -- whose
character and achievements best exemplify the
ideals and values cherished by this great
State and Nation; and
"WHEREAS, This Legislative Body is
justly proud to recognize and commend the high
achievements of these dedicated students in
the 42nd Senate District on the occasion of a
special celebratory visit to be held at the
State Capitol in Albany, New York, on
Wednesday, June 4, 2003; at this time the
Valedictorians, Salutatorians, and honored
students who have been selected by their
school leadership for outstanding community
service will receive special recognition from
the Senate in the Senate Chamber; lunch will
3507
be served on the third floor terrace of the
Legislative Office Building, followed by a
tour of the Capitol Building; and
"WHEREAS, These Valedictorians,
Salutatorians, and honored students represent
the best of developed potential inherent in
our most precious resource, our youth, and
their achievements have brought enduring honor
to their families and communities, and should
be recognized and saluted; and
"WHEREAS, The Valedictorians who
are being commended today for their
outstanding academic performances and
exemplary achievements include: Katie
Piszczatowski, Desiree Rap, Alison Sluiter,
Lindsey Hollenbaugh, Nikki Thiele, Nicole
Pomeroy, Brendon Pantel, Rebekah Stalter,
Diana K. Joyce, Alfredo Rivera, Joseph
Hamburg, Megan Baxter, Brandy Lee Maggio,
Heather Fronckowiak, Stephen A. Mulick,
Shannon Curd, Timothy M. Billias, Casey L.
Berson, Lauren Bayne, Joseph Goldbeck, Bridget
Szala, Allison LaPlatney, Cheyenne A. Smith,
Kerri Perazone, Cheryl King, Joshua Masland,
Kelly Tischmacher, Emily Linhart, Heather
3508
Nober, Jennifer Peters, Kayla Peters, Colleen
Carey, Gwendolyn Bugger, and Sarah Hanley; and
"WHEREAS, The Salutatorians who are
being commended today for their outstanding
academic performances and exemplary
achievements include Indea Egnaczak, Jamie
Barber, Collin Haight, Meghan Shaw, Peter
Meyer, Eric Rabeno, Julianne Porter, Ian
Kiraly, Kyle D. Crosby, Leonid Panayed, Anne
(Nan) Davis, Corianna Sichel, Maureen Casey,
Justin Morse, Michael Cuddy, Michelle Mather,
Holly Johnson, Erin Williams, Jonathan Cole,
Krista Stokes, Diana Failla, Melanie Mead,
Jenna Tiano, Daniel R. Griffith, David Galvin,
Tristan Smith, Lydia Vigna, Joseph Hawker,
Sarah Nebzydoski, Joanna DiCostanzo, Lisa
Altbach, Laura Morris, and Rilke van Buren;
and
"WHEREAS, The honored students who
are being commended today and who have been
selected by their school leadership for
outstanding school or community service
include: Jesse Hopkins, Szilvia Toth, Craig
Dolezel, Kathryn Mattson, Bradley Diuguid,
Kristen Figueroa, Sarah Moore, Allison Pinney,
3509
Beth A. Brooking, Wendy Feng, Nicole Sostak,
Tammy Greynolds, Michael Friedman, Jackie
Rappaport, Rachel Hernandez, John Bavoso,
Amanda Schmidt, Helen Rose Miesner, Jason
Turken-Stevenson, Seamus Carey, Angela
Bofelos, Stephanie Colasuonno, Cheryl Emeigh,
Jeremy Hubert, Michelle Peters, Abigail
Caskey, Amy Watters, and Meghan Holley; and
"WHEREAS, These Valedictorians,
Salutatorians, and honored students may now
stand with pride as they assess their
achievements, experience the satisfaction of
their labors and the joy of their
accomplishments, eager to face the new
experiences of a challenging world; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to commend the
Valedictorians, Salutatorians, and honored
students of the 42nd Senate District, in
recognition of their outstanding
accomplishments, at a celebration to be held
at the State Capitol on June 4, 2003; and be
it further
"RESOLVED, That copies of this
3510
resolution, suitably engrossed, be transmitted
to the aforementioned Valedictorians,
Salutatorians, and honored students."
ACTING PRESIDENT MAZIARZ: This
resolution was previously adopted by the
Senate on June 3rd.
Senator Bonacic.
SENATOR BONACIC: Thank you, Mr.
President.
I always said that we live in the
greatest country in the world and the reason
we're the greatest country in the world is
because of the people, the Americans, in our
country.
When you look up in both galleries,
you will see 96 students from 30 school
districts in the 42nd Senate District. They
are our valedictorians, our salutatorians, and
students that distinguished themselves in
community service. They are the best of the
best. They represent the future of America.
And we would say to you,
congratulations. To the parents that are
here, the teachers, the superintendents, we
welcome you. We know that you've all been a
3511
part of helping the students achieve the place
where they are at.
We wish you well in your future
endeavors when you go to college. We ask you
to always follow your dreams. We hope that
you come back to New York and work here, think
of public service. And maybe years from now
you will be in this chamber representing the
people in the next generation.
I congratulate you, and I welcome
you.
Thank you, Mr. President.
ACTING PRESIDENT MAZIARZ: Thank
you, Senator Bonacic.
Again, on behalf of Senator Bruno,
Senator Bonacic, and the entire New York State
Senate, congratulations to all of you.
Thank you.
(Applause.)
ACTING PRESIDENT MAZIARZ:
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
3512
And then if we could go to the
noncontroversial reading of the calendar.
ACTING PRESIDENT MAZIARZ:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
The Secretary will read the
noncontroversial calendar.
THE SECRETARY: Calendar Number
461, by Member of the Assembly DelMonte,
Assembly Print Number 3936A, an act to amend
the Penal Law and the Labor Law, in relation
to permitting.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
657, by Senator Volker, Senate Print 4846, an
act to amend the Civil Practice Law and Rules,
3513
in relation to authorizing an attorney.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside.
THE SECRETARY: Calendar Number
730, by Senator Farley, Senate Print 3424, an
act to amend the Banking Law, in relation to
establishing uniform fines.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 16. This
act shall take effect on the 30th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
753, by Senator LaValle, Senate Print 2066, an
act to amend the General Municipal Law, in
relation to emergency rescue and first aid
squads or companies.
ACTING PRESIDENT MAZIARZ: Read
3514
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
929, by Senator Maziarz, Senate Print 3016A,
an act to amend Chapter 912 of the Laws of
1920, relating to the regulation of boxing.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the 60th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1050, by Senator Kuhl, Senate Print 2309, an
3515
act to amend the General Municipal Law, in
relation to the powers and duties.
ACTING PRESIDENT MAZIARZ: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1053, by Senator Alesi, Senate Print 44, an
act to amend the --
SENATOR VELELLA: Lay it aside
for the day.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
1054, by Senator Fuschillo, Senate Print 1459,
an act to authorize the St. Paul's Evangelical
Lutheran Church.
ACTING PRESIDENT MAZIARZ: Read
3516
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1055, by Senator Bonacic, Senate Print 1520A,
an act to give the Town of Thompson authority
to contract.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
3517
1056, by Senator Fuschillo, Senate Print
1571A, an act to authorize the First Methodist
Church to file an application.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1057, by Senator Larkin, Senate Print 1806A,
an act to amend the General Municipal Law, in
relation to providing a local government
mergers law.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
3518
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1058, by Senator Farley, Senate Print 2059, an
act to amend the Environmental Conservation
Law, in relation to making technical
corrections thereto.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1060, by Senator Trunzo, Senate Print 2527, an
act to amend the Real Property Law, in
relation to the failure of an owner to make
payments.
ACTING PRESIDENT MAZIARZ: Read
3519
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1061, by Senator Mendez, Senate Print 2689 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MAZIARZ:
Calendar Number 1061 is laid aside.
THE SECRETARY: Calendar Number
1062, by Senator Volker, Senate Print 2739, an
act to amend the Retirement and Social
Security Law, in relation to the method of
payment.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
3520
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1063, by Senator Kuhl, Senate Print 2940, an
act to amend the Tax Law, in relation to the
hotel and motel tax in Steuben County.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1064, by Senator Nozzolio, Senate Print 3025,
an act to permit the reopening of the optional
20-year retirement plan.
ACTING PRESIDENT MAZIARZ: There
is a home-rule message at the desk.
3521
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1065, by Senator Spano, Senate Print 3222, an
act to authorize the Town of Harrison in the
County of Westchester to offer.
ACTING PRESIDENT MAZIARZ: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
3522
1066, by Senator Little, Senate Print 3386, an
act to authorize the County of Clinton to
offer an optional 20-year retirement plan.
ACTING PRESIDENT MAZIARZ: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1067, by Senator Seward, Senate Print 3387, an
act to amend the Tax Law, in relation to
extending the authorization.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
3523
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1069, by Senator Marchi, Senate Print 3427, an
act in relation to directing the Commissioner
of the Department of Environmental
Conservation.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1070, by Senator Flanagan, Senate Print 3584,
an act to amend the Correction Law, in
relation to making the subdirectory of
sexually violent predators free of charge.
ACTING PRESIDENT MAZIARZ: Read
the last section.
3524
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1071, by Senator Oppenheimer, Senate Print
3664, an act to amend the Penal Law, in
relation to making the defense of
justification gender-neutral.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1072, by Senator Maziarz, Senate Print 3702A,
3525
an act to amend the Tax Law, in relation to
the hotel and motel taxes in Orleans County.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1073, by Senator Morahan, Senate Print 3710,
an act authorizing Susan Lettre to file for
retroactive membership.
ACTING PRESIDENT MAZIARZ: There
is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
3526
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1074, by Senator Rath, Senate Print 3845, an
act to amend the Penal Law, in relation to
establishing the crimes of attempting to lure
or entice a child.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1076, by Senator Marcellino, Senate Print
4130, an act to amend the Environmental
Conservation Law, in relation to the leasing
of space.
ACTING PRESIDENT MAZIARZ: Read
the last section.
3527
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1077, substituted earlier today by Member of
the Assembly Abbate, Assembly Print Number
7032, an act to amend Chapter 929 of the Laws
of 1986 amending the Tax Law and others.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1078, by the Senate Committee on Rules, Senate
3528
Print Number 4807A, an act to amend the Tax
Law, in relation to the imposition of sales
and compensating use taxes by the County of
Monroe.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1079, by Senator DeFrancisco, Senate Print
4905, an act to amend the Surrogate's Court
Procedure Act, in relation to filing an
objection.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
3529
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1080, by Senator Wright, Senate Print 4940, an
act to amend the Environmental Conservation
Law, in relation to continuing the authority.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1082, by the Senate Committee on Rules, Senate
Print Number 5095, an act to amend Chapter 272
of the Laws of 1991 amending the Tax Law.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
3530
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1083, by Senator Nozzolio, Senate Print 5115,
an act to amend the Executive Law, in relation
to eliminating the mandatory publication of
legal notices.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1084, by Senator Skelos, Senate Print 5135, an
act to amend the Correction Law, in relation
3531
to the registration of sex offenders.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1085, by Senator Balboni, Senate Print 5159,
an act to amend the Executive Law, in relation
to disaster contingencies and preparedness
planning.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MAZIARZ: The
3532
bill is passed.
Senator Padavan, that completes the
reading of the noncontroversial calendar.
SENATOR PADAVAN: Mr. President,
Calendar Number 1061, will you lay aside that
bill for the day.
Now we'll go to controversial, but
I think we're going to have to stand at ease
for a few minutes.
ACTING PRESIDENT MAZIARZ:
Calendar Number 1061 is laid aside for the
day.
And the Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:34 a.m.)
(Whereupon, the Senate reconvened
at 11:40 a.m.)
ACTING PRESIDENT MAZIARZ: The
Senate will come to order.
Members please take their seats.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Could we go to the controversial
reading of the calendar now and take up
Calendar Number 657, by Senator Volker.
3533
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
657, by Senator Volker, Senate Print 4846, an
act to amend the Civil Practice Law and Rules,
in relation to authorizing an attorney.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MAZIARZ:
Senator Volker, an explanation has been asked
of Calendar Number 657.
SENATOR VOLKER: Thank you.
This is an attorney general's
program bill that requires that -- right now
the requirement is that any judgment creditor
must file a satisfaction within 20 days or
face a penalty of $100. And the party to the
action must be the one that files the
satisfaction.
What this bill says is -- this is
an attorney general's program bill -- because
the attorney general has so many of these
satisfactions to file, and because the
agencies that are involved in this would have
to sign personally any satisfactions, or the
3534
document of satisfaction, this bill conforms
to something which the City of New York got
many years ago. And it says that the attorney
general in effect can act as a party and file
an affidavit or an affidavit of facts in
support of a default judgment.
And it changes the penalty from a
$100 fine or penalty for failing to file
within 30 days to 45 days after a demand is
made by someone for satisfaction, and
therefore waives that $100 penalty.
That's basically what it is.
ACTING PRESIDENT MAZIARZ: Thank
you very much.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Duane, I'm sorry.
3535
SENATOR DUANE: Thank you, Mr.
President.
If I may have unanimous consent to
be recorded in the negative on Calendar Number
1050, 1070, 1074, and 1084.
ACTING PRESIDENT MAZIARZ:
Without objection, Senator Duane will be
recorded in the negative on Calendar Number
1050, 1070, 1074, and 1084. Without
objection, so ordered.
Senator Kuhl.
SENATOR KUHL: Would you
recognize Senator Montgomery, please.
ACTING PRESIDENT MAZIARZ: Oh,
I'm sorry. Senator Montgomery.
SENATOR MONTGOMERY: Yes, thank
you, Mr. President. I would like unanimous
consent to be recorded in the negative on
Calendar 1084. Thank you.
ACTING PRESIDENT MAZIARZ:
Without objection, Senator Montgomery will be
recorded in the negative on Calendar Number
1084.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
3536
President, thank you very much.
On behalf of Senator LaValle, on
page number 10 I offer the following
amendments to Calendar Number 212, Senate
Print Number 345, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MAZIARZ: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR KUHL: Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Kuhl.
SENATOR KUHL: Could we return to
the order of motions and resolutions.
I understand there's a report of
the Rules Committee at the desk. I ask that
the Secretary read that.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 14A, by Senator
Seward, an act to amend the County Law;
3537
257A, by Senator Skelos, an act to
amend the Vehicle and Traffic Law;
812A, by Senator Farley, an act to
amend the County Law;
874, by Senator Rath, an act to
amend the Penal Law;
911, by Senator McGee, an act to
amend the Real Property Tax Law;
1000, by Senator Trunzo, an act to
amend the Education Law;
1206, by Senator Robach, an act to
amend the Penal Law;
2070, by Senator Maltese, an act to
amend the Administrative Code of the City of
New York;
2429, by Senator Wright, an act in
relation to granting;
2478A, by Senator Kuhl, an act to
amend the Tax Law;
2606A, by Senator McGee, an act to
amend the Tax Law;
2838, by Senator Meier, an act in
relation to permitting;
2891, by Senator McGee, an act to
amend the Tax Law;
3538
2898, by Senator Bonacic, an act to
amend the General Municipal Law;
2961, by Senator Fuschillo, an act
to authorize the Village of Freeport, Nassau
County;
3077, by Senator Seward, an act to
amend the Education Law;
3080, by Senator Morahan, an act to
authorize;
3134, by Senator Velella, an act to
amend the Penal Law;
3203, by Senator Kuhl, an act to
authorize;
3207, by Senator McGee, an act to
amend the Tax Law;
3268A, by Senator McGee, an act to
amend the County Law;
3327, by Senator Kuhl, an act to
amend the Tax Law;
3347, by Senator Johnson, an act to
authorize;
3350, by Senator McGee, an act to
amend the Tax Law;
3366, by Senator Meier, an act to
amend the Tax Law;
3539
3415, by Senator Kruger, an act to
authorize;
3611, by Senator Larkin, an act to
amend the Tax Law;
3733, by Senator Breslin, an act
authorizing;
3759, by Senator Balboni, an act to
amend the Civil Rights Law;
3786, by Senator Kuhl, an act to
amend the Alcoholic Beverage Control Law;
4195, by Senator Maziarz, an act to
repeal Title 3 of Article 18A of the General
Municipal Law;
4620A, by Senator Little, an act to
amend the County Law;
4775, by Senator Flanagan, an act
to amend the Correction Law;
4789, by Senator Morahan, an act to
amend the General Municipal Law;
5078, by Senator Rath, an act to
amend the Social Services Law and the
Executive Law;
5099, by Senator Volker, an act to
amend the Criminal Procedure Law;
5178, by Senator Kuhl, an act to
3540
amend the Vehicle and Traffic Law;
5179, by Senator Velella, an act to
amend the Education Law and the Administrative
Code of the City of New York;
5189, by the Senate Committee on
Rules, an act to amend the Tax Law;
5202A, by Senator Nozzolio, an act
to amend the Executive Law;
5236, by Senator Spano, an act to
amend the Vehicle and Traffic Law;
5299, by Senator Johnson, an act to
amend the County Law;
5304, by Senator Bruno, an act to
amend the Highway Law;
And Senate Print 5344, by the
Senate Committee on Rules, an act to amend the
Tax Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MAZIARZ:
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. It should be noted that the last
four bills are not back from the printer yet,
so they're not on file in the document room.
3541
But with the consent of the
Minority, we move to accept the report of the
Rules Committee.
ACTING PRESIDENT MAZIARZ: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: The
Rules report is accepted.
Senator Kuhl.
SENATOR KUHL: While we're on
motions and resolutions, would you recognize
Senator Meier, please.
ACTING PRESIDENT MAZIARZ:
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Wright, I wish
to call up his bill, Senate Print Number 1068,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MAZIARZ: The
3542
Secretary will read.
THE SECRETARY: Calendar Number
127, by Senator Wright, Senate Print 1068, an
act to amend the Environmental Conservation
Law.
ACTING PRESIDENT MAZIARZ:
Senator Meier.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MAZIARZ: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MAZIARZ:
Senator Meier.
SENATOR MEIER: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MAZIARZ: The
amendments are received and adopted.
SENATOR MEIER: Thank you, Mr.
President.
ACTING PRESIDENT MAZIARZ: Thank
you.
3543
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. There being no further business to
come before the house today, I move that the
Senate stand adjourned until next Monday,
June 9th, at 3:00 p.m., intervening days to be
legislative days.
ACTING PRESIDENT MAZIARZ: On
motion, the Senate stands adjourned until
Monday, June 9th, at 3:00 p.m., intervening
days to be legislative days.
(Whereupon, at 11:52 a.m., the
Senate adjourned.)