Regular Session - March 23, 2005
1422
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 23, 2005
11 3:13 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR RAYMOND A. MEIER, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
1423
1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order.
4 May I ask everyone present to
5 please rise and repeat with me the Pledge of
6 Allegiance to the Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MEIER: In the
10 absence of clergy, may we bow our heads in a
11 moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT MEIER: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, March 22, the Senate met pursuant to
18 adjournment. The Journal of Monday, March 21,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT MEIER: 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
1424
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 Seward.
8 SENATOR SEWARD: Yes, Mr.
9 President. I move that the following bill be
10 discharged from its respective committee and
11 be recommitted with instructions to strike the
12 enacting clause. And it's a Senator Volker
13 bill, Number 3164.
14 ACTING PRESIDENT MEIER: So
15 ordered.
16 SENATOR SEWARD: Thank you.
17 ACTING PRESIDENT MEIER: Thank
18 you, Senator.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President, I
21 believe there's a substitution at the desk, if
22 we could make it at this time.
23 ACTING PRESIDENT MEIER: Yes,
24 there is.
25 The Secretary will read the
Candyco Transcription Service, Inc.
(518) 371-8910
1425
1 substitution.
2 THE SECRETARY: On page 5,
3 Senator Spano moves to discharge, from the
4 Committee on Judiciary, Assembly Bill Number
5 1246 and substitute it for the identical
6 Senate Bill Number 3128, First Report Calendar
7 325.
8 ACTING PRESIDENT MEIER:
9 Substitution ordered.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 there are two resolutions at the desk by
13 Senator Saland, 1029 and 1030. Could we have
14 the titles read and move for their immediate
15 adoption.
16 ACTING PRESIDENT MEIER: The
17 Secretary will read.
18 THE SECRETARY: By Senator
19 Saland, Legislative Resolution Number 1029,
20 honoring Investigator George J. Hoffman upon
21 the occasion of his retirement from the
22 Columbia County Sheriff's Office after
23 28 years of dedicated service.
24 And by Senator Saland, Legislative
25 Resolution Number 1030, honoring Deputy
Candyco Transcription Service, Inc.
(518) 371-8910
1426
1 Sheriff Paul Comesanas upon the occasion of
2 his retirement from the Columbia County
3 Sheriff's Office after 23 years of dedicated
4 service.
5 ACTING PRESIDENT MEIER: The
6 question is on the resolutions. All those in
7 favor signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT MEIER: Those
10 opposed, nay.
11 (No response.)
12 ACTING PRESIDENT MEIER: The
13 resolutions are adopted.
14 Senator Skelos.
15 SENATOR SKELOS: If we could go
16 to the noncontroversial reading of the
17 calendar.
18 ACTING PRESIDENT MEIER: The
19 Secretary will conduct the noncontroversial
20 reading of the calendar.
21 THE SECRETARY: Calendar Number
22 79, by Senator Little, Senate Print 872,
23 Concurrent Resolution of the Senate and
24 Assembly proposing an amendment to Section 1
25 of Article 14 of the Constitution.
Candyco Transcription Service, Inc.
(518) 371-8910
1427
1 ACTING PRESIDENT MEIER: On the
2 resolution, the Secretary will call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 45.
5 ACTING PRESIDENT MEIER: The
6 resolution is adopted.
7 THE SECRETARY: Calendar Number
8 196, by Senator LaValle, Senate Print 2355, an
9 act to amend Chapter 20 of the Laws of 1998
10 amending the Education Law.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 45.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 215, by Senator Rath, Senate Print 1520, an
23 act to amend the Penal Law, in relation to
24 repeat offender status.
25 ACTING PRESIDENT MEIER: Read the
Candyco Transcription Service, Inc.
(518) 371-8910
1428
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first of
4 November.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 49. Nays,
9 1. Senator Duane recorded in the negative.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 216, by Senator Volker, Senate Print 1530, an
14 act to amend the Criminal Procedure Law, in
15 relation to appeals.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 51. Nays,
24 1. Senator Duane recorded in the negative.
25 ACTING PRESIDENT MEIER: The bill
Candyco Transcription Service, Inc.
(518) 371-8910
1429
1 is passed.
2 THE SECRETARY: Calendar Number
3 237, by Senator Little, Senate Print 728, an
4 act to amend the Tax Law, in relation to the
5 timing of distribution.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 52.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 240, by Member of the Assembly Bradley,
18 Assembly Print Number 1877, an act to amend
19 the Tax Law, in relation to extending.
20 ACTING PRESIDENT MEIER: There is
21 a local fiscal impact note at the desk.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
Candyco Transcription Service, Inc.
(518) 371-8910
1430
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 52.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 241, by Senator Seward, Senate Print 1047, an
8 act to amend the Tax Law, in relation to
9 extending the period.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 52.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 242, by Senator Seward, Senate Print 1048, an
22 act to amend the Tax Law, in relation to
23 extending the authorization.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
Candyco Transcription Service, Inc.
(518) 371-8910
1431
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 53.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 244, by Senator Balboni, Senate Print 1744, an
11 act to amend the Alcoholic Beverage Control
12 Law, in relation to the issuance of temporary
13 carnival licenses.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 45th day.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 244 are
23 Senators Duane, L. Krueger, LaValle, Meier and
24 Padavan.
25 Ayes, 48. Nays, 5.
Candyco Transcription Service, Inc.
(518) 371-8910
1432
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 253, by Senator Meier, Senate Print 2486, an
5 act to amend Chapter 436 of the Laws of 1997,
6 constituting the Welfare Reform Act of 1997.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 53.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 302, by Senator Skelos, Senate Print 3089, an
19 act to amend the Vehicle and Traffic Law, in
20 relation to the operation of vehicles.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the same date and in
25 the same manner as a chapter of the Laws of
Candyco Transcription Service, Inc.
(518) 371-8910
1433
1 2004.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 53.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 Senator Skelos, that completes the
9 calendar.
10 SENATOR SKELOS: Thank you, Mr.
11 President.
12 I'd like to announce, on behalf of
13 Senator LaValle, that the Higher Education
14 Joint Conference Committee will be meeting at
15 3:00 p.m. in Hearing Room C. 3:30, I'm sorry.
16 3:30 in Hearing Room C.
17 And, Mr. President, there will be a
18 meeting of the Rules Committee at 3:35 -- the
19 room apparently is not available yet -- and
20 then we'll take the report of the Rules
21 Committee and adjourn. So if we could just
22 stand at ease at this time.
23 Is there any housekeeping at the
24 desk?
25 ACTING PRESIDENT MEIER: No
Candyco Transcription Service, Inc.
(518) 371-8910
1434
1 business, Senator.
2 So the Senate, then, will stand at
3 ease until the report of the Rules Committee.
4 (Whereupon, the Senate stood at
5 ease at 3:22 p.m.)
6 SENATOR SKELOS: Mr. President.
7 ACTING PRESIDENT MEIER: Senator
8 Skelos.
9 SENATOR SKELOS: There will be an
10 immediate meeting of the Rules Committee in
11 the Majority Conference Room.
12 ACTING PRESIDENT MEIER:
13 Immediate meeting of the Rules Committee in
14 the Majority Conference Room.
15 The Senate will stand at ease.
16 (Whereupon, the Senate reconvened
17 at 3:38 p.m.)
18 ACTING PRESIDENT MEIER: Senator
19 Skelos.
20 SENATOR SKELOS: Thank you.
21 If we could return to reports of
22 standing committees, I believe there's a
23 report of the Rules Committee at the desk. I
24 ask that it be read at this time.
25 ACTING PRESIDENT MEIER: Reports
Candyco Transcription Service, Inc.
(518) 371-8910
1435
1 of standing committees.
2 The Secretary will read.
3 THE SECRETARY: Senator Bruno,
4 from the Committee on Rules, reports the
5 following bill direct to third reading:
6 Senate Print 3188, by Senator
7 Maziarz, an act to amend Chapter 218 of the
8 Laws of 2004 amending the Tax Law.
9 ACTING PRESIDENT MEIER: Senator
10 Skelos.
11 SENATOR SKELOS: Move to accept
12 the report of the Rules Committee.
13 ACTING PRESIDENT MEIER: All
14 those in favor of accepting the report of the
15 Rules Committee signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT MEIER: Those
18 opposed, nay.
19 (No response.)
20 ACTING PRESIDENT MEIER: The
21 report of the Rules Committee is accepted.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President,
24 there being no further business to come before
25 the Senate, I move we stand adjourned until
Candyco Transcription Service, Inc.
(518) 371-8910
1436
1 Tuesday, March 29th at 3:00 p.m., intervening
2 days being legislative days.
3 ACTING PRESIDENT MEIER: On
4 motion, the Senate stands adjourned until
5 Tuesday, March 29th, at 3:00 p.m. Intervening
6 days will be legislative days.
7 (Whereupon, at 3:40 p.m., the
8 Senate adjourned.)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910