Regular Session - March 21, 2005
1339
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 21, 2005
11 3:12 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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21
22
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25
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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, March 20, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 March 19, was read and approved. On motion,
20 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 Farley.
8 SENATOR FARLEY: Thank you, Madam
9 President.
10 THE PRESIDENT: You're welcome.
11 SENATOR FARLEY: On behalf of
12 Senator LaValle, I move that the following
13 bill be discharged from its respective
14 committee and be recommitted with instructions
15 to strike the enacting clause. That's Senate
16 1091.
17 THE PRESIDENT: So ordered,
18 Senator Farley.
19 SENATOR FARLEY: On behalf of
20 Senator Golden, Madam President, I move to
21 recommit Senate Print Number 2270, Calendar
22 161, which is on the order of third reading,
23 to the Committee on Codes, with instructions
24 to strike the enacting clause.
25 THE PRESIDENT: So ordered.
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1 SENATOR FARLEY: Also on behalf
2 of Senator Golden, Madam President, I move to
3 recommit Senate Print 2211, Calendar Number
4 158, which is on the order of third reading,
5 to the Committee on Codes, with instructions
6 to that committee to strike the enacting
7 clause.
8 THE PRESIDENT: So ordered.
9 Senator Skelos.
10 SENATOR SKELOS: Madam President,
11 there's a resolution, Number 933, by Senator
12 Meier. Could we have it read in its entirety
13 and move for its immediate adoption.
14 THE PRESIDENT: The Secretary
15 will read.
16 THE SECRETARY: By Senator Meier,
17 Legislative Resolution Number 933, mourning
18 the death of former Assemblyman Nicholas J.
19 Calogero.
20 "WHEREAS, This Assembled Body is
21 moved to recognize and pay tribute to Nicholas
22 J. Calogero, a distinguished former colleague
23 and dedicated Public Accountant and community
24 leader, who passed away on October 9, 2004, at
25 the age of 80; and
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1 "WHEREAS, Nicholas Calogero of
2 Utica, New York, served with distinction as a
3 member of the New York State Assembly from
4 1973 to 1980, most honorably representing the
5 116th Assembly District, part of Oneida
6 County. It is with deep regret that this
7 Assembled Body records his passing, noting the
8 significance of his purposeful life and
9 accomplishments; and
10 "WHEREAS, Nicholas Calogero was
11 born in Utica, New York, on August 27, 1924,
12 to the late Giuseppe and Sarah Calogero. He
13 was educated in the elementary schools of
14 Utica and graduated as Class President of
15 Remsen Central High School. While attending
16 Syracuse University, he served as head
17 cheerleader for the Orangemen and was a loyal
18 brother of the Zeta Psi fraternity. He
19 graduated in 1947 with a Bachelor of Science
20 degree in accounting. Following college, he
21 proudly served in the United States Naval
22 Reserve; and
23 "WHEREAS, Nicholas Calogero began
24 his accounting career in 1947 at the Moore,
25 O'Reilly and Hart Public Accounting Firm. One
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1 year later, he started his own accounting
2 practice and worked in the profession for
3 50 years. In 1987, he became a Certified
4 Financial Planner. Later, his son John joined
5 him in the business and they practiced
6 together until Nick's retirement in 1997.
7 John continues to carry on the family
8 business, now known as Calogero and
9 Associates; and
10 "WHEREAS, On October 29, 1955, in
11 Utica's Blessed Sacrament Church, Nicholas
12 Calogero married the former Margaret 'Peggy'
13 Mieville. They raised give children and
14 enjoyed a close and loving marriage of over 43
15 years, until her passing on June 21, 1998; and
16 "WHEREAS, A civic-minded man,
17 Nicholas Calogero always had an active
18 interest in public service. He was president
19 of the Young Republicans Club and served on
20 the executive committee of the Oneida County
21 Republican Party. He was elected to the
22 Oneida County Board of Legislators and held
23 that position until his successful election to
24 the New York State Assembly in 1972; and
25 "WHEREAS, During his four terms
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1 representing the 116th Assembly District,
2 Nicholas Calogero served as the ranking member
3 of the Insurance Committee and was a member of
4 several other legislative committees. He was
5 a staunch advocate for the insurance industry,
6 tax reform and government consolidation and
7 regionalization in New York State. He
8 sponsored and cosponsored numerous pieces of
9 legislation and was very proud of the bill he
10 passed to grant visitation rights to
11 grandparents; and
12 "WHEREAS, Nicholas Calogero was
13 also president of the Utica Junior Chamber of
14 Commerce and, active in his profession, he was
15 a member of the National Society of Public
16 Accountants and a member and vice president of
17 the New York State Association of Public
18 Accountants; and
19 "WHEREAS, Nicholas Calogero was a
20 long-time member of the Church of Our Lady of
21 Lourdes, where he served as a member of the
22 parish council and as a trustee and helped
23 with many fundraisers. He was also a former
24 trustee of Notre Dame High School, and, always
25 willing to give of his time and talents, he
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1 provided his accounting services pro bono for
2 the church and many other organizations,
3 including Operation Sunshine, the
4 Observer-Dispatch charitable fund which
5 reaches out to area needy children and their
6 families; and
7 "WHEREAS, Nicholas Calogero was, in
8 addition, a member of the Faxton/St. Luke's
9 Health Care Foundation, a Fourth Degree member
10 of the Utica Council #189 of the Knights of
11 Columbus, a past president of the Utica
12 chapter of the Syracuse University Alumni
13 Association, and a member of the Mohawk Valley
14 Association for Progress and the Yahnundasis
15 Country Club; and
16 "WHEREAS, Among Nicholas Calogero's
17 most notable accomplishments of which he was
18 justly proud were his efforts to help restore
19 Utica's Union Station to the community
20 treasure it is today, efforts which earned him
21 an award from the Landmarks Society of Greater
22 Utica, and the expansion of the State
23 University College at Utica/Rome; and
24 "WHEREAS, Throughout his life,
25 Nicholas Calogero touched the lives of his
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1 family, which he believed included not only
2 his wife, children and grandchildren, but his
3 community as well, and friends over the years,
4 charming them with his clever wit, delightful
5 sense of humor, and imaginative stories. He
6 will be missed by all who knew him; and
7 "WHEREAS, Nicholas Calogero is
8 survived by his children -- Nicholas J., Jr.,
9 and Sharon Calogero, Judith Calogero, Stephen
10 and Mary Virginia Calogero, John and Beth
11 Calogero, and Jennifer and Todd Alhart -- his
12 grandchildren -- Nicholas Andrew, Mary
13 Margaret 'Margy' and Sarah Calogero and John
14 Patrick and Katherine Elizabeth Calogero --
15 one brother and sister-in-law, Leonard and
16 Louise Calogero, two sisters and a
17 brother-in-law, Phyllis Calogero and Roseanne
18 and Stanley Kroll, his brothers-in-law and
19 sisters-in-law, Lynda and Bill Klein, William
20 and Dorothea Foley, James 'Doc' and Judy
21 Foley, and Timothy and Patty Foley, many
22 nieces, nephews, great-nieces, great-nephews
23 and cousins and a legion of friends and
24 associates who will treasure his memory
25 always; now, therefore, be it
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1 "RESOLVED, That this Legislative
2 Body pause in its deliberations to honor the
3 memory of a former colleague, Nicholas J.
4 Calogero, to celebrate his life and
5 accomplishments, and to recognize the
6 significance of his service to his community
7 and the people of the State of New York; and
8 be it further
9 "RESOLVED, That a copy of this
10 resolution, suitably engrossed, be transmitted
11 to the family of Nicholas J. Calogero with the
12 deepest condolences of this Legislative Body."
13 THE PRESIDENT: Senator Meier.
14 SENATOR MEIER: Thank you, Madam
15 President.
16 Madam President, it was my
17 privilege to know Assemblyman Calogero and to
18 meet him when I came here to Albany as counsel
19 to the late State Senator James Donovan, my
20 predecessor.
21 And one of the things about
22 Assemblyman Calogero that you came to know
23 when you got to know him was that he
24 understood that we are called, those of who
25 serve in this body and in the Assembly, to be
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1 citizen legislators, to both represent our
2 communities here and to fulfill our function
3 of being legislators but to also remember what
4 makes the communities that send us here run
5 and to remain a part of that community and to
6 remain in touch with them.
7 Nick Calogero was an accountant,
8 and a good one. And he came to Albany with
9 the notion that some here find peculiar, that
10 the state ought to balance its books and be
11 careful with the people's money.
12 He remained involved in the
13 community as the resolution that you just
14 heard said. He began his career, I'm proud to
15 say, as I did; his first elected office was as
16 a member of the Oneida County Board of
17 Legislators.
18 He was very proud of the
19 legislation that he passed with regard to the
20 visitation rights of grandparents. He was
21 proud of the contributions that he made to the
22 development of the city that he loved, the
23 city of Utica, particularly with regard to
24 restoration and preservation of historic
25 buildings.
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1 And one of the things I remember
2 most about Assemblyman Calogero during the
3 time he served here was also not just his
4 dedication to his community, but to his family
5 as well. And he would many times make the
6 drive home during session days to be at home
7 with his family at night, preferring that
8 company to the chatter of Albany cocktail
9 parties, which shows what a wise man indeed he
10 was.
11 He's touched the lives of many
12 people in our community. He's touched the
13 lives of his family. And many of his family
14 are assembled here in the gallery with us
15 today.
16 And I won't recognize every family
17 member by name, but his children are here with
18 us, among his many family members: Nicholas
19 Jr. and Sharon Calogero; Judith Calogero, who
20 continues her father's tradition of public
21 service as Commissioner of the Division of
22 Housing and Community Renewal; Stephen and
23 Mary Virginia Calogero; John and Beth
24 Calogero; and Jennifer and Todd Alhart.
25 Now, there sits with us here in
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1 this chamber our colleague Senator Bill
2 Larkin, who, when he was in the Assembly, sat
3 next to Assemblyman Calogero. And
4 Assemblyman -- or, I'm sorry, now Senator
5 Larkin has asked that his name be added to the
6 resolution.
7 And let me explain to the family
8 that Senator Larkin is experiencing a little
9 difficulty with his voice, and his physician
10 has asked him to rest his voice today. And so
11 you see, your father continues to provide a
12 public service by stilling the voice of
13 Senator Larkin.
14 (Laughter.)
15 SENATOR MEIER: As I began, he
16 was a citizen legislator. He remembered from
17 where he came and what his job was here. He
18 was in every sense what a legislator should
19 be, and that, in the final analysis, is a
20 great and wonderful legacy that he's left us.
21 Our sympathies to the family. But
22 most of all, we join you in celebrating the
23 contributions and the legacy of this man that
24 you knew as father and family member and that
25 many here knew as colleague.
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1 THE PRESIDENT: Senator Nozzolio.
2 SENATOR NOZZOLIO: Madam
3 President, on the resolution.
4 I rise to join my colleagues,
5 particularly Senator Meier, in the action of
6 mourning the passing of Nick Calogero and
7 honoring Assemblyman Calogero's years of
8 service and dedication to the people of this
9 great state.
10 My experiences with Nick were as a
11 young staffer working in the Assembly, getting
12 to meet those who served in the Assembly. I
13 then, as one in law school at the time,
14 working for the Assembly minority, my
15 impressions, as I was assigned my
16 responsibilities to Nick, here was a man that,
17 as Senator Meier indicated, was indeed a
18 genuine public servant. But I found him to be
19 a genuine gentleman as well.
20 A kind and gentle man was Nick
21 Calogero, one who I learned a great deal from,
22 admired a great deal, and was very, very sad
23 to learn of his passing.
24 His daughters have had a great
25 impact here in Albany. That I was very
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1 pleased to work with both Judy and Jennifer in
2 a number of capacities. I know their dad
3 would be very proud of his daughters.
4 That we are very proud that he
5 served with distinction in this Legislature,
6 and that I certainly was happy to have the
7 honor to know him. We mourn his passing.
8 Thank you, Madam President.
9 THE PRESIDENT: Senator Spano.
10 SENATOR SPANO: Thank you, Madam
11 President. On the resolution.
12 You know, when I was first elected
13 26 years ago, I was a young kid, 25 years old,
14 elected to Assembly. Going to the Assembly,
15 serving in the minority, one of the first
16 people I got to meet was Nick Calogero.
17 And, you know, when you're first
18 elected up here, it's sometimes a -- it's
19 certainly a challenging experience, dealing
20 with people who have been up here for the
21 longest time. And of course we all know it
22 all -- certainly when we're elected, and once
23 we get here, it gets progressively worse.
24 But it was someone like Nick
25 Calogero who made us understand, and
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1 particularly the newer members and younger
2 members, what was really important up here,
3 what mattered most, how to get things done,
4 when to get excited and, more importantly,
5 when not to get excited.
6 And it's with fond memories that I
7 remember Nick Calogero. And every time we do
8 a resolution like this, you step back and
9 think a little bit about ourselves and our own
10 legacy and say, you know, will anybody really
11 remember the time that we all put into a job
12 that we all love.
13 And it's good to know that, yes,
14 certainly the Calogero family will remember,
15 but Nick Calogero is remembered fondly by many
16 members of this Legislature, both present and
17 past, and certainly now in the future, when we
18 think about people who just do a good job for
19 the people they represent and in their own
20 quiet, unassuming way make a mark in state
21 government and in the way that they represent
22 the people back home.
23 My condolences to the family, and
24 my pleasure to remember fondly someone who
25 served this Legislature real well.
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1 Thank you.
2 THE PRESIDENT: Senator Farley.
3 SENATOR FARLEY: Thank you. I
4 rise to pay tribute to Nick Calogero.
5 Let me just say I think one of the
6 most important things that any of us do here
7 is to have a sense of loyalty and decency
8 towards his family. And I think the greatest
9 tribute that can be made to him was his
10 commitment to his family. And it's evidenced
11 by the family that is here today.
12 We don't have very much in life
13 besides that. But certainly Nick Calogero not
14 only was a great public servant and a fine
15 member of the community -- and there were a
16 lot of people that were saddened when he lost
17 his seat, and it certainly was something that
18 kind of shocked quite a few people. And even
19 though that he served with distinction and
20 honor here, his greatest honor is his family
21 that he leaves behind.
22 And my deepest sympathy at his loss
23 to you. And I wish you all well, because you
24 have a great heritage in Nick Calogero.
25 THE PRESIDENT: All in favor of
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1 the resolution please signify by saying aye.
2 (Response of "Aye.")
3 THE PRESIDENT: Opposed, nay.
4 (No response.)
5 THE PRESIDENT: The resolution is
6 adopted.
7 And on behalf of the Senate, I want
8 to offer our condolences to the family.
9 Although I did not know the
10 Assemblyman, I've had the honor of working
11 with his daughters, and working particularly
12 closely with Commissioner Calogero, who
13 certainly, we might say, is a chip off the old
14 block. And although I did not know the
15 relationship to her dad until he died, the
16 description of her dad's commitment,
17 intelligence, zeal and accomplishment
18 certainly shows that the next generation is
19 carrying on the family tradition very ably.
20 Our deepest sympathies to the
21 family. It's a tremendous loss to all of us.
22 Senator Meier.
23 SENATOR MEIER: Thank you, Madam
24 President.
25 Madam President, could we open the
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1 resolution to sponsorship by the membership.
2 THE PRESIDENT: Yes. Any member
3 who does not want to be a sponsor on the
4 latter resolution, please notify the desk.
5 Senator Skelos.
6 SENATOR SKELOS: Madam President,
7 there's a Resolution 950 at the desk by
8 Senator Larkin. Could we have it read in its
9 entirety, move for its immediate adoption.
10 And I believe Senator Wright will comment on
11 it.
12 And everybody could cosponsor it.
13 If they wish not to cosponsor it, they should
14 notify the desk.
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: By Senators
18 Larkin and Bruno, Legislative Resolution
19 Number 950, commemorating the
20 Selma-to-Montgomery March for voting rights
21 that began on Sunday, March 7, 1965.
22 "WHEREAS, It is the practice of
23 this Legislative Body to commend publicly
24 courageous acts which prompted important
25 changes in state and national history; and
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1 "WHEREAS, Attendant to such
2 concern, and in full accord with its
3 long-standing traditions, it is the sense of
4 this Legislative Body to commemorate the
5 Selma-to-Montgomery March for voting rights
6 that began on Sunday, March 7, 1965; and
7 "WHEREAS, The Selma-to-Montgomery
8 March for voting rights represented the
9 political and emotional peak of the modern
10 civil rights movement; and
11 "WHEREAS, Despite the Civil Rights
12 Act of 1964 and the active attempts of the
13 Student Nonviolent Coordinating Committee to
14 register the African-American voters of
15 Alabama, no significant progress was made.
16 One such place was Selma, Alabama. This small
17 southern town of 29,000 soon became the focal
18 point of the civil rights movement; and
19 "WHEREAS, Of the 15,156
20 African-Americans in Dallas County, Alabama,
21 only 156 were registered to vote. On
22 January 2, 1965, Reverend Martin Luther King
23 visited Selma and gave a fiery speech. In it
24 he stated: 'Today marks the beginning of a
25 determined, organized, mobilized campaign to
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1 get the right to vote everywhere in Alabama';
2 and
3 "WHEREAS, On 'Bloody Sunday,'
4 March 7, 1965, some 600 civil rights marchers
5 headed east out of Selma on U.S. Route 80.
6 They got only as far as the Edmund Pettus
7 Bridge, six blocks away, where state and local
8 lawmen attacked them with billy clubs and tear
9 gas and drove them back into Selma; and
10 "WHEREAS, Nearly 100 of the
11 marchers were hurt that day in Selma. The
12 next day, civil rights workers and clergy from
13 across the nation rushed to Selma. On March
14 9, 1965, they marched to the Pettus Bridge,
15 where the marchers stopped for prayer, and
16 then, obeying a federal court injunction,
17 returned to Selma; and
18 "WHEREAS, On March 21, 1965, after
19 the court injunction had been lifted and the
20 Alabama National Guard had been federalized to
21 provide protection, the march began again.
22 The march proceeded to Birmingham without
23 significant incident; and
24 "WHEREAS, About 3,200 marchers set
25 out for Montgomery, walking 12 miles a day and
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1 sleeping in fields. By the time they reached
2 the capitol on Thursday, March 25, they were
3 25,000 strong; and
4 "WHEREAS, Less than five months
5 after the last of the three marches, President
6 Lyndon Johnson signed the Voting Rights Act of
7 1965, the best possible redress of grievances;
8 and
9 "WHEREAS, In 1996, the
10 Selma-to-Montgomery National Historic Trail,
11 the highest tribute a road can receive, was
12 created by Congress under the National Trails
13 System Act of 1968. Like other historic
14 trails covered in the legislation, the Alabama
15 trail is an original route of national
16 significance in American history, cannot be
17 replicated, and is a destination unto itself;
18 now, therefore, be it
19 "RESOLVED, That this Legislative
20 Body pause in its deliberations to commemorate
21 the Selma-to-Montgomery March for voting
22 rights that began on Sunday, March 7, 1965."
23 THE PRESIDENT: Senator Wright.
24 SENATOR WRIGHT: Thank you, Madam
25 President.
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1 As my colleague Senator Meier
2 earlier shared, Senator Larkin is finally
3 taking the advice of his physician and sitting
4 quietly. So I have the honor of speaking on
5 his behalf at this point in time.
6 I would like to relate Senator
7 Larkin's comments on this resolution, a
8 resolution which allows all of us to reflect
9 on a very historic time in our nation's
10 history and an event which set the tone for
11 the Voting Rights Act of 1965.
12 If you'll recall in the resolution,
13 it was some 40 years ago to this day that the
14 actual march itself began, the march to
15 completion.
16 On behalf of Senator Larkin, let me
17 share the following observations: As one who
18 was involved in the march as an Army projects
19 officer, he saw this event from start to
20 finish, particularly in the beginning, when
21 Governor Wallace refused to activate the
22 Alabama National Guard and stated that "If
23 this is what the President wants, he will have
24 to federally activate the guard."
25 When this action was taken, it was
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1 further decided that, to ensure the public
2 safety, additional support would be needed
3 from other active Army units, including units
4 from Georgia, North Carolina, Texas,
5 Washington and Alabama. The headquarters for
6 this operation was located at Maxwell Air
7 Force Base, Alabama.
8 It was a challenging project that
9 included the cooperation of numerous Army
10 units and federal agencies to ensure the march
11 was carried out in an orderly and peaceful
12 nature, which was in fact successfully
13 accomplished. It is now an important part of
14 American history, is recognized by all
15 Americans.
16 And we have with us a gentleman who
17 was there, serving on behalf of his nation and
18 representing all of the citizens of the United
19 States, ensuring the safety and protection of
20 the civil rights workers and marchers.
21 On behalf of Senator Larkin, he
22 would like to open the resolution to all of
23 the members of the Senate.
24 Thank you.
25 THE PRESIDENT: All in favor
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1 please signify by saying aye.
2 (Response of "Aye.")
3 THE PRESIDENT: Opposed, nay.
4 (No response.)
5 THE PRESIDENT: The resolution is
6 adopted.
7 Any member who does not wish to
8 sponsor the latter resolution, please notify
9 the desk.
10 Senator Skelos.
11 SENATOR SKELOS: Madam President,
12 if we could go to the noncontroversial reading
13 of the calendar.
14 THE PRESIDENT: The Secretary
15 will read.
16 THE SECRETARY: Calendar Number
17 13, by Senator Seward, Senate Print 122, an
18 act to amend the Penal Law, in relation to
19 staging a motor vehicle accident.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the first of
24 November.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 33, by Senator LaValle, Senate Print 189, an
7 act to amend the Highway Law, in relation to
8 the limitations.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the first of January.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 83, by Senator DeFrancisco, Senate Print 2150,
20 an act to amend the Estates, Powers and Trusts
21 Law, in relation to the revocatory effect.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57. Nays,
4 2. Senators Leibell and Saland recorded in
5 the negative.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 148, by Senator Farley, Senate Print 2481, an
10 act to amend the Education Law, in relation to
11 authorizing.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of April.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE PRESIDENT: Senator Farley,
19 to explain your vote.
20 SENATOR FARLEY: To explain my
21 vote.
22 I wish to -- this is a unique piece
23 of legislation which has been sponsored, I
24 think, by every single member of the Senate.
25 And I'm grateful for the support of my
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1 colleagues.
2 This is a bill that has been around
3 for a while that the current governor was a
4 sponsor of it for two years.
5 And this is the year we certainly
6 hope that we can get it through the Assembly.
7 It has been unanimously supported in both
8 houses on a couple of occasions, but for
9 somehow or another does not reach the --
10 becoming a chapter.
11 But anyway, I do appreciate the
12 support of all my colleagues on this
13 legislation. And you can read the last
14 section, I guess.
15 THE PRESIDENT: You will be
16 recorded as voting in the affirmative on this
17 bill, Senator Farley.
18 The Secretary will announce the
19 results.
20 THE SECRETARY: Ayes, 59.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 151, by Senator Maziarz, Senate Print 701A, an
25 act to amend the Penal Law, in relation to
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1 relation to killing or injuring a police
2 animal.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 November.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58. Nays,
11 1. Senator Montgomery recorded in the
12 negative.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 160, by Senator Golden, Senate Print 2214, an
17 act to amend the Criminal Procedure Law, in
18 relation to eliminating.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 58. Nays,
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1 1. Senator Montgomery recorded in the
2 negative.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 165, by Senator Maltese, Senate Print 101, an
7 act to amend the Real Property Tax Law, in
8 relation to an optional school tax exemption.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect of June 1, 2007.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 198, by Senator Little, Senate Print 722, an
20 act to amend the General City Law, the Town
21 Law and the Village Law, in relation to
22 establishing a temporary moratorium.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 5. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 198 are
6 Senators LaValle, Leibell, Marcellino and
7 Spano.
8 Ayes, 55. Nays, 4.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 204, by Senator Saland, Senate Print 465, an
13 act to amend the Penal Law, in relation to
14 custodial interference.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the first of
19 November.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 220, by Senator Morahan, Senate Print 1679, an
2 act to amend the Penal Law, in relation to
3 providing certain criminal penalties.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 4. This
7 act shall take effect on the first of
8 November.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 230, by Senator Robach, Senate Print 2811, an
16 act to amend the Education Law, in relation to
17 the effective date of bills.
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, 59.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 231, by Senator Robach, Senate Print 2812, an
4 act to amend the Education Law and the
5 Retirement and Social Security Law, in
6 relation to ensuring.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 10. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 232, by Senator Robach, Senate Print 2876, an
18 act to amend the Education Law, in relation to
19 the inclusion of employer contributions.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 233, by Senator Robach, Senate Print 2997, an
6 act to amend the Retirement and Social
7 Security Law, in relation to increasing to
8 10 percent.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 THE PRESIDENT: The bill is
17 passed.
18 Senator Skelos, that completes the
19 reading of the calendar.
20 SENATOR SKELOS: Madam President,
21 is there any housekeeping at the desk?
22 THE PRESIDENT: No, there isn't,
23 Senator Skelos.
24 SENATOR SKELOS: There being no
25 further business to come before the Senate, I
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1 move we stand adjourned until Tuesday,
2 March 22nd, at 3:00 p.m.
3 THE PRESIDENT: There being no
4 further business, on motion, the Senate stands
5 adjourned until Tuesday, March 22nd, 3:00 p.m.
6 (Whereupon, at 3:42 p.m., the
7 Senate adjourned.)
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