Regular Session - March 2, 2005

                                                            756



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     March 2, 2005

        11                      11:07 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25



                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        757



         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       Tuesday, March 1, the Senate met pursuant to

        18       adjournment.  The Journal of Monday,

        19       February 28, 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.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        758



         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 Skelos.

         8                  SENATOR SKELOS:    Madam President,

         9       I move that we adopt the Resolution Calendar

        10       in its entirety.

        11                  THE PRESIDENT:    All in favor of

        12       adopting the Resolution Calendar please

        13       signify by saying aye.

        14                  (Response of "Aye.")

        15                  THE PRESIDENT:    Opposed, nay.

        16                  (No response.)

        17                  THE PRESIDENT:    The Resolution

        18       Calendar is adopted.

        19                  Senator Skelos.

        20                  SENATOR SKELOS:    Madam President,

        21       if we could go to the noncontroversial reading

        22       of the calendar.

        23                  THE PRESIDENT:    The Secretary

        24       will read.

        25                  THE SECRETARY:    Calendar Number



                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        759



         1       56, by Senator Little, Senate Print 1756, an

         2       act authorizing the payment of ordinary

         3       disability retirement benefits.

         4                  THE PRESIDENT:    Read the last

         5       section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  THE PRESIDENT:    Call the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 37.

        11                  THE PRESIDENT:    The bill is

        12       passed.

        13                  THE SECRETARY:    Calendar Number

        14       77, by Senator DeFrancisco, Senate Print 43,

        15       an act to amend the Estates, Powers and Trusts

        16       Law, in relation to the disqualification.

        17                  THE PRESIDENT:    Read the last

        18       section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the first of January.

        21                  THE PRESIDENT:    Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 37.

        24                  THE PRESIDENT:    The bill is

        25       passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        760



         1                  THE SECRETARY:    Calendar Number

         2       85, by Senator Maltese, Senate Print 273, an

         3       act to amend the Labor Law and the Penal Law,

         4       in relation to certain employment of minors.

         5                  THE PRESIDENT:    Read the last

         6       section.

         7                  THE SECRETARY:    Section 4.  This

         8       act shall take effect on the first of

         9       November.

        10                  THE PRESIDENT:    Call the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 40.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  THE SECRETARY:    Calendar Number

        16       96, by Senator Skelos, Senate Print 486, an

        17       act to amend the Criminal Procedure Law and

        18       the Family Court Act, in relation to evidence.

        19                  THE PRESIDENT:    Read the last

        20       section.

        21                  THE SECRETARY:    Section 6.  This

        22       act shall take effect on the first of

        23       November.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)



                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        761



         1                  THE SECRETARY:    Ayes, 41.

         2                  THE PRESIDENT:    The bill is

         3       passed.

         4                  THE SECRETARY:    Calendar Number

         5       115, by Senator Marcellino, Senate Print 659,

         6       an act to amend the Vehicle and Traffic Law,

         7       in relation to aggravated unlicensed

         8       operation.

         9                  THE PRESIDENT:    Read the last

        10       section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the first of

        13       November.

        14                  THE PRESIDENT:    Call the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 42.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  THE SECRETARY:    Calendar Number

        20       120, by Senator Maziarz, Senate Print 976, an

        21       act to amend the Highway Law, in relation to

        22       extending the "Niagara Wine Trail."

        23                  THE PRESIDENT:    Read the last

        24       section.

        25                  THE SECRETARY:    Section 2.  This



                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        762



         1       act shall take effect immediately.

         2                  THE PRESIDENT:    Call the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 42.

         5                  THE PRESIDENT:    The bill is

         6       passed.

         7                  THE SECRETARY:    Calendar Number

         8       122, by Senator Robach --

         9                  SENATOR SKELOS:    Lay it aside for

        10       the day, please.

        11                  THE PRESIDENT:    The bill is laid

        12       aside for the day.

        13                  THE SECRETARY:    Calendar Number

        14       129, by Senator Larkin, Senate Print 1735, an

        15       act to amend the Alcoholic Beverage Control

        16       Law, in relation to authorizing.

        17                  THE PRESIDENT:    Read the last

        18       section.

        19                  THE SECRETARY:    Section 7.  This

        20       act shall take effect on the 180th day.

        21                  THE PRESIDENT:    Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 45.

        24                  THE PRESIDENT:    The bill is

        25       passed.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        763



         1                  THE SECRETARY:    Calendar Number

         2       131, by Senator Libous, Senate Print 1817, an

         3       act to amend Chapter 564 of the Laws of 2003

         4       amending the Mental Hygiene Law.

         5                  THE PRESIDENT:    Read the last

         6       section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  THE PRESIDENT:    Call the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 45.

        12                  THE PRESIDENT:    The bill is

        13       passed.

        14                  THE SECRETARY:    Calendar Number

        15       140, by Senator LaValle, Senate Print 1362, an

        16       act to amend the General Municipal Law, in

        17       relation to emergency rescue.

        18                  THE PRESIDENT:    Read the last

        19       section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  THE PRESIDENT:    Call the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 47.

        25                  THE PRESIDENT:    The bill is



                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        764



         1       passed.

         2                  THE SECRETARY:    Calendar Number

         3       142, by Senator Golden, Senate Print 1941, an

         4       act to amend the General Municipal Law, in

         5       relation to allowing police officers.

         6                  THE PRESIDENT:    Read the last

         7       section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  THE PRESIDENT:    Call the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 47.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  Senator Skelos, that completes the

        16       noncontroversial reading of the calendar.

        17                  SENATOR SKELOS:    Madam President,

        18       is there any further business at the desk?

        19                  THE PRESIDENT:    No, there isn't,

        20       Senator.

        21                  SENATOR SKELOS:    There being no

        22       further business to come before the Senate, I

        23       move we stand adjourned until Monday,

        24       March 7th, at 3:00 p.m., intervening days

        25       being legislative days.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        765



         1                  THE PRESIDENT:    On motion, the

         2       Senate stands adjourned until Monday, March 7,

         3       3:00 p.m., intervening days being legislative

         4       days.

         5                  (Whereupon, at 11:12 a.m., the

         6       Senate adjourned.)

         7

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



                      Candyco Transcription Service, Inc.
                                (518) 371-8910