Regular Session - February 28, 2005

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         1                 NEW YORK STATE SENATE

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         4                THE STENOGRAPHIC RECORD

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         9                   ALBANY, NEW YORK

        10                   February 28, 2005

        11                       3:13 p.m.

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        14                    REGULAR SESSION

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        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    In the absence of

        10       clergy, may we bow our heads in a moment of

        11       silence, please.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    Reading of the

        15       Journal.

        16                  THE SECRETARY:    In Senate,

        17       Sunday, February 27, the Senate met pursuant

        18       to adjournment.  The Journal of Saturday,

        19       February 26, was read and approved.  On

        20       motion, Senate adjourned.

        21                  THE PRESIDENT:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Spano.

         8                  SENATOR SPANO:    Madam President,

         9       could we just go directly to the

        10       noncontroversial reading of the calendar,

        11       please.

        12                  THE PRESIDENT:    The Secretary

        13       will read.

        14                  THE SECRETARY:    Calendar Number

        15       17, by Senator Maziarz, Senate Print 210, an

        16       act to amend the Penal Law, in relation to

        17       increased penalties.

        18                  THE PRESIDENT:    Read the last

        19       section.

        20                  THE SECRETARY:    Section 5.  This

        21       act shall take effect on the first of

        22       November.

        23                  THE PRESIDENT:    Call the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 47.



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         1                  THE PRESIDENT:    The bill is

         2       passed.

         3                  THE SECRETARY:    Calendar Number

         4       58, by Senator LaValle, Senate Print 559A, an

         5       act to amend the Education Law, in relation to

         6       standards.

         7                  THE PRESIDENT:    Read the last

         8       section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect on the 30th day.

        11                  THE PRESIDENT:    Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Those recorded in

        14       the negative on Calendar Number 58 are

        15       Senators Fuschillo and Marcellino.

        16                  Ayes, 47.  Nays, 2.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  THE SECRETARY:    Calendar Number

        20       65, by Member of the Assembly Tonko, Assembly

        21       Print Number 2338, an act to amend the

        22       Environmental Conservation Law, in relation to

        23       possession of wild animals as pets.

        24                  THE PRESIDENT:    Read the last

        25       section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  THE PRESIDENT:    Call the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 48.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  THE SECRETARY:    Excuse me.  Ayes,

         9       49.

        10                  THE PRESIDENT:    The bill is still

        11       passed.

        12                  THE SECRETARY:    Calendar Number

        13       71, by Senator Trunzo, Senate Print 428, an

        14       act to amend the Education Law, in relation to

        15       scholarships for academic excellence.

        16                  THE PRESIDENT:    Read the last

        17       section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the first of August.

        20                  THE PRESIDENT:    Call the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 50.

        23                  THE PRESIDENT:    The bill is

        24       passed.

        25                  THE SECRETARY:    Calendar Number



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         1       73, by Senator Little, Senate Print 731, an

         2       act to amend the Local Finance Law, in

         3       relation to advance refunding.

         4                  THE PRESIDENT:    Read the last

         5       section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect immediately.

         8                  THE PRESIDENT:    Call the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 50.

        11                  THE PRESIDENT:    The bill is

        12       passed.

        13                  Senator Spano, that completes the

        14       noncontroversial reading of the calendar.

        15                  SENATOR SPANO:    Madam President,

        16       is there any other business at the desk?

        17                  THE PRESIDENT:    No, there isn't,

        18       Senator.

        19                  SENATOR SPANO:    There being no

        20       further business, I move we adjourn until

        21       Tuesday, March 1st, at 3:00 p.m.

        22                  THE PRESIDENT:    On motion, the

        23       Senate now stands adjourned until Tuesday,

        24       March 1st, 3:00 p.m.

        25                  (Whereupon, at 3:16 p.m., the



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         1       Senate adjourned.)

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