Regular Session - March 15, 2004
1036
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 15, 2004
3:14 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
1037
P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone to please stand and
repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us once
again to give the invocation is the Reverend
Peter G. Young, from Blessed Sacrament Church
in Bolton Landing, New York.
REVEREND YOUNG: Let us pray.
Dear God, we pray for the families
in Spain that have suffered in their terrorism
attack, so that they will be supported by our
concern here in New York State.
As a state that has felt the pain
of the 9/11 atrocity, we understand how we can
compassionately identify with their loss. We
extend our love to all of those codependently
who have been affected by such a dastardly
violation of human respect for life.
We thank You, O God, for the
democracy that we exhibit here in the Senate
of New York State.
1038
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Saturday, March 13, the Senate met pursuant to
adjournment. The Journal of Friday, March 12,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator Hoffmann, I
wish to call up Senate Print Number 5297,
recalled from the Assembly, which is now at
the desk.
1039
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
174, by Senator Hoffmann, Senate Print 5297A,
an act to amend the Agriculture and Markets
Law.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
SENATOR FUSCHILLO: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Larkin, I wish
to call up Senate Print Number 5659, recalled
from the Assembly, which is now at the desk.
1040
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
15, by Senator Larkin, Senate Print 5659, an
act to amend the Real Property Tax Law.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
SENATOR FUSCHILLO: I now offer
the following amendments.
THE PRESIDENT: The amendments
are received, Senator.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Velella, on
page number 21 I offer the following
amendments to Calendar Number 345, Senate
Print Number 3444, and ask that said bill
retain its place on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
1041
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Marcellino, on
page number 16 I offer the following
amendments to Calendar Number 286, Senate
Print Number 883, and ask that said bill
retain its place on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Kuhl, on page
number 7 I offer the following amendments to
Calendar Number 117, Senate Print Number
2974A, and ask that said bill retain its place
on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator DeFrancisco,
on page number 4 I offer the following
amendments to Calendar Number 1, Senate Print
Number 1144, and ask that said bill retain its
place on Third Reading Calendar.
THE PRESIDENT: The amendments
1042
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: I'm here for
you, John.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there's a substitution at the desk,
if we can make it at this time.
THE PRESIDENT: Yes, there is
Senator.
The Secretary will read.
THE SECRETARY: On page 18,
Senator Spano moves to discharge, from the
Committee on Investigations and Government
Operations, Assembly Bill Number 1448 and
substitute it for the identical Senate Bill
Number 1606, Third Reading Calendar 306.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If you could
make the substitution.
THE PRESIDENT: The substitution
is ordered.
SENATOR SKELOS: Thank you.
If we could go to the
noncontroversial reading of the calendar.
1043
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
201, by Senator Wright, Senate Print 4857, an
act to amend the Uniform Justice Court Act, in
relation to arraignments.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
211, by Senator Johnson, Senate Print 3996, an
act to amend the Parks, Recreation and
Historic Preservation Law, in relation to the
regulation of vessels.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
1044
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
215, by Senator Maziarz, Senate Print 508, an
act to amend the Penal Law, in relation to
creating definitions with respect to larceny.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Crime Victims, Crime and Corrections Committee
in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Crime Victims, Crime
1045
and Corrections Committee in the Majority
Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
235, by Senator Nozzolio, Senate Print 1934,
an act to amend the Real Property Tax Law, in
relation to exempting certain real property.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
374, by Senator Volker, Senate Print 4171, an
act to repeal Subdivision 6 of Section 60.35
of the Penal Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
1046
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
396, by Senator Bonacic, Senate Print 2898, an
act to amend the General Municipal Law, in
relation to creating and establishing.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Krueger,
to explain your vote.
SENATOR LIZ KRUEGER: Thank you
very much, Madam President.
While I did vote for this bill last
year, I have done more homework into IDAs and
what they mean. And I have to say adding one
more for a town with only 6,000 people does
not seem to be in the best interests of
1047
planning for the State of New York. So I will
be voting no on this bill this year.
Thank you.
THE PRESIDENT: You will be so
recorded as voting in the negative on this
bill.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 396 are
Senators Duane, L. Krueger, and Stachowski.
Ayes, 45. Nays, 3.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
429, by Senator DeFrancisco, Senate Print
6308, an act to amend the Estates, Powers and
Trusts Law, in relation to restrictions.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
1048
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
435, by Senator Spano, Senate Print 5876, an
act to amend the State Finance Law, in
relation to payment of emergency financial
aid.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
436, by Senator Alesi, Senate Print 6098, an
act in relation to redistributing 2003 bond
volume allocations.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 17. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
1049
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
437, by Senator Marchi, Senate Print 6169, an
act to amend Chapter 759 of the Laws of 1973
relating to the transfer of lands.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
444, by Senator Saland, Senate Print 5941, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
1050
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
445, by Senator Little, Senate Print 6067, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Is there any
housekeeping at the desk?
THE PRESIDENT: No, there isn't,
1051
Senator.
SENATOR SKELOS: We won't ask if
anybody wants to say anything.
So there being no further business
to come before the Senate, I move we stand
adjourned until Tuesday, March 16th, at
3:00 p.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday,
March 16th, 3:00 p.m.
(Whereupon, at 3:25 p.m., the
Senate adjourned.)