Regular Session - August 9, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
August 9, 2004
3:30 p.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT McGEE: 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 McGEE: The
invocation today will be given by the Reverend
Peter G. Young, of Blessed Sacrament Church in
Bolton Landing.
REVEREND YOUNG: Thank you,
Senator.
Let us pray.
As we enjoy our summer vacation
time, we have found the time to return to our
Senate and state priorities and concerns of
government.
O, God, You have called us to
assist the needy and provide positive
leadership for all of our New York State
citizens. You have dedicated Senators here
who have been dedicated to respond to their
legislative responsibilities, that will
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provide and promote the positive agenda for
all of our New York State constituents.
We ask You, O, Lord, to bless their
efforts and the time, and to give them the
strength and the energy to continue this good
work. Their presence here in this session
confirms their commitment and priority to use
their skills and talents for You that You have
blessed them with, and for all of the people
of our state.
Amen.
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Sunday, August 8th, the Senate met pursuant to
adjournment. The Journal of Saturday,
August 7th, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
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Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Kuhl, I wish
to call up his bill, Print Number 6473A, which
was recalled from the Assembly, and it's now
at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1344, by Senator Kuhl, Senate Print 6473A, an
act authorizing the City of Corning.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill was passed.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
SENATOR FARLEY: Madam President,
I now move to commit the bill to the Committee
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on Rules.
ACTING PRESIDENT McGEE: So
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
SENATOR SKELOS: And if we could
stand at ease pending the report of the Rules
Committee.
ACTING PRESIDENT McGEE: The
Senate will stand at ease pending the report
of the Rules Committee.
(Whereupon, the Senate stood at
ease at 3:33 p.m.)
(Whereupon, the Senate reconvened
at 3:40 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
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committees, I believe there's a report of the
Rules Committee at the desk.
I ask that it be read at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Assembly Print Number 10057A, by
Member of the Assembly Galef, an act to amend
the Transportation Law;
Senate Print 6824B, by Senator
Morahan, an act to authorize the Town of Stony
Point;
7117A, by Senator McGee, an act to
amend the Real Property Tax Law;
3277A, by Senator Robach, an act to
amend the Retirement and Social Security Law;
4347B, by Senator Sampson, an act
to amend Chapter 341 of the Laws of 2002;
6108, by Senator Maltese, an act to
make certain widows and children of certain
former uniformed employees of New York City
police;
7663B, by Senator Maziarz, an act
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to amend the Education Law;
7708, by Senator Skelos, an act to
amend the General Business Law;
And Senate Print 6666, by Senator
Rath, an act to amend Chapter 78 of the Laws
of 1989.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Rules
Committee will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could move to the noncontroversial
reading of the calendar.
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ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1254, by Member of the Assembly Galef,
Assembly Print Number 10057A, an act to amend
the Transportation Law, in relation to
establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of April
next succeeding.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1352, by Senator Morahan, Senate Print 6824B,
an act to authorize the Town of Stony Point to
finance deficits.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
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THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1492, by Senator McGee, Senate Print 7117A, an
act to amend the Real Property Tax Law, in
relation to residential investment.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1579, by Senator Robach, Senate Print 3277A,
an act to amend the Retirement and Social
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Security Law, in relation to enhanced pension
benefits.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1906, Senator Sampson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8433A and substitute it
for the identical Senate Bill Number 4347B,
Third Reading Calendar 1906.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1906, by the Assembly Committee on Rules,
Assembly Print Number 8433A, an act to amend
Chapter 341 of the Laws of 2002.
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ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1907, Senator Maltese moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7174A and substitute it
for the identical Senate Bill Number 6108,
Third Reading Calendar 1907.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1907, by Member of the Assembly Abbate,
Assembly Print Number 7174A, an act to make
certain widows and children of certain former
uniformed employees.
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ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1908, by Senator Maziarz, Senate Print 7663B,
an act to amend the Education Law, in relation
to prohibiting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2004.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
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is passed.
THE SECRETARY: Calendar Number
1909, by Senator Skelos, Senate Print 7708, an
act to amend the General Business Law, in
relation to disclosure requirements.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3.
Section 1 of this act shall take effect on the
same date and in the same manner as a chapter
of the Laws of 2004.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1911, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10843 and substitute it
for the identical Senate Bill Number 6666,
Third Reading Calendar 1911.
ACTING PRESIDENT McGEE:
Substitution ordered.
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The Secretary will read.
THE SECRETARY: Calendar Number
1911, by the Assembly Committee on Rules,
Assembly Print Number 10843, an act to amend
Chapter 78 of the Laws of 1989.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
ACTING PRESIDENT McGEE: No,
there is none, Senator.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we stand adjourned until Tuesday,
August 10th, at 2:00 p.m.
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ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Tuesday, August 10th, at 2:00 p.m.
(Whereupon, at 3:46 p.m., the
Senate adjourned.)