Regular Session - March 3, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 3, 2004
11:06 a.m.
REGULAR SESSION
SENATOR ELIZABETH O'C. LITTLE, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT LITTLE: The
Senate will 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 LITTLE: 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 LITTLE: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, March 2, the Senate met pursuant to
adjournment. The Journal of Monday, March 1,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT LITTLE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Libous,
from the Committee on Mental Health and
Developmental Disabilities, reports:
Senate Print 2182, by Senator
Libous, an act to amend the Mental Hygiene
Law;
2579, by Senator Libous, an act to
amend the Mental Hygiene Law;
3403, by Senator Libous, an act to
amend the Mental Hygiene Law;
4615, by Senator Libous, an act to
amend the Mental Health Law;
4794, by Senator Libous, an act to
amend the Mental Hygiene Law;
4835, by Senator Skelos, an act to
amend the Mental Hygiene Law;
And Senate Print 5076, by Senator
Libous, an act to amend the Mental Hygiene
Law.
Senator LaValle, from the Committee
on Higher Education, reports:
Senate Print 1413B, by Senator
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LaValle, an act to amend the Education Law;
1513, by Senator Maziarz, an act to
amend the Education Law;
5488, by Senator Maltese, an act to
amend the Education Law;
And Senate Print 5824, by Senator
Meier, an act to amend the Education Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT LITTLE: All
bills reported direct to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Seward.
SENATOR SEWARD: Yes, Madam
President. On behalf of Senator Kuhl, please
place a sponsor's star on Calendar Number 226.
ACTING PRESIDENT LITTLE: So
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there are substitutions at the desk,
if we could make them at this time.
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ACTING PRESIDENT LITTLE: Thank
you. The Secretary will read.
THE SECRETARY: On page 25,
Senator Morahan moves to discharge, from the
Committee on Aging, Assembly Bill Number 2822
and substitute it for the identical Senate
Bill Number 1348, Third Reading Calendar 360.
ACTING PRESIDENT LITTLE: The
substitution is ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
I have a privileged resolution, 3722, at the
desk. I ask that the title be read and move
for its immediate adoption.
ACTING PRESIDENT LITTLE: The
Secretary will read.
THE SECRETARY: By Senator
Skelos, Legislative Resolution Number 3722,
commending Steven McDonald upon the occasion
of his designation for special honor by the
Friends of Mercy Medical Center at its 38th
Annual St. Patrick's Gentlemen's Dinner on
March 9, 2004.
ACTING PRESIDENT LITTLE: The
question is on the resolution. All in favor
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signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LITTLE:
Opposed, nay.
(No response.)
ACTING PRESIDENT LITTLE: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution, 3721, by
Senator Sabini. I ask that the title be read
and move for its immediate adoption.
ACTING PRESIDENT LITTLE: The
Secretary will read.
THE SECRETARY: By Senator
Sabini, Legislative Resolution Number 3721,
congratulating John Jedzinak upon the occasion
of his receiving the distinguished rank of
Eagle Scout, the most prestigious of Scouting
honors, on Sunday, March 7, 2004.
ACTING PRESIDENT LITTLE: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LITTLE:
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Opposed, nay.
(No response.)
ACTING PRESIDENT LITTLE: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT LITTLE: The
Secretary will read.
THE SECRETARY: Calendar Number
28, by Senator Johnson, Senate Print 3782B, an
act to amend the Vehicle and Traffic Law, in
relation to authorizing.
ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
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70, by Senator Farley, Senate Print 3425, an
act to amend the Banking Law, in relation to
the requirement for licensure to make mortgage
loans.
ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
115, by Senator Skelos, Senate Print 1735A, an
act to amend the Highway Law, in relation to
ratifying and confirming certain actions.
ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 40.
ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
134, by Senator Volker, Senate Print 237, an
act to amend the Criminal Procedure Law, in
relation to fingerprinting persons.
ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
156, by Senator Velella, Senate Print 5970A,
an act to amend the Labor Law, in relation to
state apprenticeship.
ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 2. This
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act shall take effect on the 90th day.
ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT LITTLE: Senator
Stachowski, to explain his vote.
SENATOR STACHOWSKI: Madam
President, to explain my vote.
Although this bill has a lot of
good provisions in it, one glaring weakness is
that there's no Minority Leader appointment to
the training council. And so that because of
that glaring omission, it would be a better
bill if they had Minority participation.
But it's not enough to stop me from
voting for it; I just wanted to point that out
to everybody in the chamber.
Thank you. I vote aye.
ACTING PRESIDENT LITTLE: Thank
you. You will be recorded in the affirmative.
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
190, by Senator Maltese, Senate Print 3276A,
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an act to amend the Vehicle and Traffic Law,
in relation to authorizing.
ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
236, by Senator Kuhl, Senate Print 2309, an
act to amend the General Municipal Law, in
relation to the powers and duties.
ACTING PRESIDENT LITTLE: 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 LITTLE: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
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ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
239, by Senator Little, Senate Print 5113, an
act to amend the Local Finance Law, in
relation to the sale of bonds to the New York
State Environmental Facilities Corporation.
ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
240, by Senator LaValle, Senate Print 5524, an
act to amend the Real Property Tax Law, in
relation to a special equalization rate.
ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
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ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
252, by Senator Larkin, Senate Print 5934, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT LITTLE: The
bill is passed.
THE SECRETARY: Calendar Number
293, by Senator Marchi, Senate Print 3418A, an
act to amend the Not-for-Profit Corporation
Law, in relation to authorizing.
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ACTING PRESIDENT LITTLE: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2005.
ACTING PRESIDENT LITTLE: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT LITTLE: The
bill is passed.
Senator Skelos, that completes the
reading of the calendar.
SENATOR SKELOS: Madam President,
would you please recognize Senator Montgomery.
ACTING PRESIDENT LITTLE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like unanimous consent to
be recorded in the negative on Calendar 134.
ACTING PRESIDENT LITTLE: Without
objection.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT LITTLE: Senator
Skelos.
SENATOR SKELOS: Is there any
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housekeeping at the desk?
ACTING PRESIDENT LITTLE: No,
there is not, Senator.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we stand adjourned until Monday,
March 8th, at 3:00 p.m., intervening days
being legislative days.
ACTING PRESIDENT LITTLE: On
motion, the Senate stands adjourned until
Monday, March 8th, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 11:16 a.m., the
Senate adjourned.)