Regular Session - March 17, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 17, 2004
11:05 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: 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.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, March 16, the Senate met pursuant to
adjournment. The Journal of Monday, March 15,
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.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
On behalf of Senator Wright, on
page number 33 I offer the following
amendments to Calendar Number 511, Senate
Print Number 2428A, 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 McGEE: Thank you, Madam
President.
On behalf of Senator Hannon, on
page number 34 I offer the following
amendments to Calendar Number 519, Senate
Print Number 3899, and ask that said bill
retain its place on Third Reading Calendar.
THE PRESIDENT: The amendments
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are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR SKELOS: If we could make
them at this time, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 29,
Senator Larkin moves to discharge, from the
Committee on Racing, Gaming and Wagering,
Assembly Bill Number 6512 and substitute it
for the identical Senate Bill Number 2088,
Third Reading Calendar 462.
On page 29, Senator Nozzolio moves
to discharge, from the Committee on Racing,
Gaming and Wagering, Assembly Bill Number 9660
and substitute it for the identical Senate
Bill Number 6035, Third Reading Calendar 465.
On page 30, Senator Larkin moves to
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discharge, from the Committee on Alcoholism
and Drug Abuse, Assembly Bill Number 5118 and
substitute it for the identical Senate Bill
Number 2576, Third Reading Calendar 470.
On page 33, Senator Robach moves to
discharge, from the Committee on Veterans,
Homeland Security and Military Affairs,
Assembly Bill Number 5039 and substitute it
for the identical Senate Bill Number 4294,
Third Reading Calendar 497.
And on page 34, Senator Johnson
moves to discharge, from the Committee on
Health, Assembly Bill Number 9675 and
substitute it for the identical Senate Bill
Number 6097, Third Reading Calendar 521.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator Hoffmann. I ask that the title be
read and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
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Hoffmann, Legislative Resolution Number 3933,
honoring John P. Regan, Sr., upon the occasion
of his retirement as Mayor of Minoa, New York,
on April 5, 2004, and paying tribute to his
22 years of distinguished service to the
Village of Minoa.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Move the
adoption of the resolution.
THE PRESIDENT: All those in
favor of the resolution please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the reading of the
noncontroversial calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
32, by Senator McGee, Senate Print 2860A, an
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act to amend the Vehicle and Traffic Law, in
relation to requiring school bus and other
motor vehicle drivers.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
69, by Senator Farley, Senate Print 2264, an
act to amend the Banking Law, in relation to
the confidentiality of records.
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, 37.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
161, by Senator Wright, Senate Print 3800A, an
act to amend the Public Authorities Law, in
relation to landfill gas power generation
projects.
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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, 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
241, by Senator Larkin, Senate Print 5933, an
act authorizing the Esopus Library District's
board of trustees to temporarily delay.
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, 38.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
275, by Senator Velella, Senate Print 3194A,
an act to amend the Labor Law and the State
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Finance Law, in relation to discriminatory
business practices.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the first of April,
2006.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
300, by Senator Balboni, Senate Print 5809, an
act to amend Chapter 672 of the Laws of 1993
amending the Public Authorities Law.
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.
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THE SECRETARY: Calendar Number
318, by Senator Spano, Senate Print 5144, an
act to amend the Tax Law, in relation to
authorizing the disclosure of certain
identifying information.
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
426, by Member of the Assembly Tocci, Assembly
Print Number 5805, an act to amend the Lien
Law, in relation to requiring a payment bond.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
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THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
438, by Senator Alesi, Senate Print 129A, an
act to amend the Vehicle and Traffic Law, in
and the State Finance Law, in relation to
creating the "Stop Prostate Cancer"
distinctive license plate program.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
459, by Senator Saland, Senate Print 6068, an
act to amend Chapter 567 of the Laws of 2003
relating to authorizing and directing the
County of Dutchess.
THE PRESIDENT: There is a local
fiscal impact statement at the desk.
Read the last section.
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THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could just stand at ease before we go to
the reading of the controversial calendar.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 11:15 a.m.)
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(Whereupon, the Senate reconvened
at 11:20 a.m.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If we could now
go to the reading of the controversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
32, by Senator McGee, Senate Print 2860A, an
act to amend the Vehicle and Traffic Law, in
relation to requiring school bus and other
motor vehicle drivers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: Senator Skelos,
that completes the reading of the
controversial calendar.
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SENATOR SKELOS: Thank you, Madam
President.
We'll stand at ease pending the
report of the Finance Committee.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 11:22 a.m.)
(Whereupon, the Senate reconvened
at 11:36 a.m.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
would you please recognize Senator Saland.
THE PRESIDENT: Senator Saland.
SENATOR SALAND: Thank you, Madam
President. I would like to star a bill, my
bill, Calendar 350, Senate 5324.
THE PRESIDENT: So ordered,
Senator.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk. I ask that it
be read.
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THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bills:
Senate Print 6523, Senate Budget
Bill, an act to amend Chapter 62 of the Laws
of 2003;
And Senate Print 6524, Senate
Budget Bill, an act to amend Chapters 50, 51,
53, 54 and 55 of the Laws of 2003.
Both bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, the bills are ordered direct to
third reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 524.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
524, Senate Budget Bill, Senate Print 6523, an
act to amend Chapter 62 of the Laws of 2003,
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amending the General Business Law.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR SKELOS: Move to accept
the message.
THE PRESIDENT: All in favor of
accepting the message of necessity please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
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SENATOR SKELOS: Madam President,
would you please call up Calendar Number 525.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
525, Senate Budget Bill, Senate Print 6524, an
act to amend Chapters 50, 51, 53, 54 and 55 of
the Laws of 2003, making appropriations for
the support of government.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR SKELOS: Move to accept
the message.
THE PRESIDENT: All in favor of
accepting the message of necessity please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
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THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
THE PRESIDENT: Yes, there is,
Senator.
Senator Meier has a motion, I
believe.
SENATOR MEIER: Thank you, Madam
President.
On page 32 I offer the following
amendments to Senator Golden's bill, Calendar
Number 491, Senate Print 1504, and ask that
said bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR MEIER: Thank you, Madam
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President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business to come before
the Senate, I move we stand adjourned until
Monday, March 22nd, at 3:00 p.m. --
THE PRESIDENT: Senator Maziarz,
why do you rise?
SENATOR MAZIARZ: Thank you very
much, Madam President.
I'd like unanimous consent to be
recorded in the negative on Calendar Number
318, Senate 5144, please.
THE PRESIDENT: Without
objection, you will be so recorded.
Excuse us, Senator Skelos. Would
you like to proceed again? Go ahead.
SENATOR SKELOS: Madam President,
there being no further business to come before
the Senate, I move we stand adjourned until
Monday, March 22nd, at 3:00 p.m., intervening
days being legislative days.
THE PRESIDENT: On motion, the
Senate now stands adjourned until Monday,
March 22nd, 3:00 p.m., intervening days being
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legislative days.
(Whereupon, at 11:40 a.m., the
Senate adjourned.)