Regular Session - March 28, 2005
1449
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 28, 2005
11 5:42 p.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
1450
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.
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 27, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 March 26, 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.
Candyco Transcription Service, Inc.
(518) 371-8910
1451
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 On behalf of Senator Maziarz, on
11 page 25 I offer the following amendments to
12 Calendar Number 307, Senate Print 211, and I
13 ask that that bill retain its place on the
14 Third Reading Calendar.
15 THE PRESIDENT: The amendments
16 are received, Senator, and the bill will
17 retain its place on the Third Reading
18 Calendar.
19 SENATOR FARLEY: On behalf of
20 Senator Marcellino, Madam President, on
21 page 14 I offer the following amendments to
22 Calendar Number 62, Senate Print 891, and I
23 ask that that bill retain its place on the
24 Third Reading Calendar.
25 THE PRESIDENT: Those amendments
Candyco Transcription Service, Inc.
(518) 371-8910
1452
1 are also received, and that bill also will
2 retain its place on the Third Reading
3 Calendar.
4 Senator Fuschillo.
5 SENATOR FUSCHILLO: Thank you,
6 Madam President.
7 On behalf of Senator Johnson, I
8 wish to call up Senate Print Number 550D,
9 recalled from the Assembly, which is now at
10 the desk.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: Calendar Number
14 269, Senate Budget Bill, Senate Print 550D, an
15 act making appropriations for the support of
16 government.
17 THE PRESIDENT: Senator
18 Fuschillo.
19 SENATOR FUSCHILLO: I now move to
20 reconsider the vote by which this bill was
21 passed.
22 THE PRESIDENT: The Secretary
23 will call the roll upon reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 40.
Candyco Transcription Service, Inc.
(518) 371-8910
1453
1 THE PRESIDENT: The bill is
2 restored to its place on the Third Reading
3 Calendar.
4 SENATOR FUSCHILLO: Madam
5 President, I now move to recommit the bill to
6 the Committee on Finance.
7 THE PRESIDENT: So ordered,
8 Senator.
9 SENATOR FUSCHILLO: Thank you.
10 Madam President, on behalf of
11 Senator Johnson, I wish to call up Senate
12 Print Number 551A, recalled from the Assembly,
13 which is now at the desk.
14 THE PRESIDENT: The Secretary
15 will read.
16 THE SECRETARY: Calendar Number
17 270, Senate Budget Bill, Senate Print 551A, an
18 act making appropriations for the support of
19 government.
20 THE PRESIDENT: Senator
21 Fuschillo.
22 SENATOR FUSCHILLO: I now move to
23 reconsider the vote by which the bill was
24 passed.
25 THE PRESIDENT: The Secretary
Candyco Transcription Service, Inc.
(518) 371-8910
1454
1 will call the roll upon reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 40.
4 SENATOR FUSCHILLO: I now move to
5 recommit the bill to the Committee on Finance.
6 THE PRESIDENT: So ordered.
7 SENATOR FUSCHILLO: Madam
8 President, on behalf of Senator Johnson, I
9 wish to call up Senate Print Number 553D,
10 recalled from the Assembly, which is now at
11 the desk.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: Calendar Number
15 277, Senate Budget Bill, Senate Print 553D, an
16 act making appropriations for the support of
17 government.
18 THE PRESIDENT: Senator
19 Fuschillo.
20 SENATOR FUSCHILLO: I now move to
21 reconsider the vote by which the bill was
22 passed.
23 THE PRESIDENT: The Secretary
24 will call the roll upon reconsideration.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
1455
1 THE SECRETARY: Ayes, 46.
2 THE PRESIDENT: Senator.
3 SENATOR FUSCHILLO: I now move to
4 recommit the bill to the Committee on Finance.
5 THE PRESIDENT: So ordered.
6 SENATOR FUSCHILLO: Madam
7 President, on behalf of Senator Johnson, I
8 wish to call up Senate Print Number 554D,
9 recalled from the Assembly, which is now at
10 the desk.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: Calendar Number
14 278, Senate Budget Bill, Senate Print 554D, an
15 act making appropriations for the support of
16 government.
17 SENATOR FUSCHILLO: I now move to
18 reconsider the vote by which the bill was
19 passed.
20 THE PRESIDENT: The Secretary
21 will call the roll upon reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 46.
24 SENATOR FUSCHILLO: Madam
25 President, I now move to recommit the bill to
Candyco Transcription Service, Inc.
(518) 371-8910
1456
1 the Committee on Finance.
2 THE PRESIDENT: So ordered.
3 SENATOR FUSCHILLO: Madam
4 President, on behalf of Senator Johnson, I
5 wish to call up Senate Print Number 555D,
6 recalled from the Assembly, which is now at
7 the desk.
8 THE PRESIDENT: The Secretary
9 will read.
10 THE SECRETARY: Calendar Number
11 271, Senate Budget Bill, Senate Print 555D, an
12 act making appropriations for the support of
13 government.
14 SENATOR FUSCHILLO: I now move to
15 reconsider the vote by which the bill was
16 passed.
17 THE PRESIDENT: The Secretary
18 will call the roll upon reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 46.
21 SENATOR FUSCHILLO: Madam
22 President, I now move to recommit the bill to
23 the Committee on Finance.
24 THE PRESIDENT: So ordered.
25 SENATOR FUSCHILLO: Madam
Candyco Transcription Service, Inc.
(518) 371-8910
1457
1 President, on behalf of Senator Johnson, I
2 wish to recall Senate Print Number 990B,
3 recalled from the Assembly, which is now at
4 the desk.
5 THE PRESIDENT: The Secretary
6 will read.
7 THE SECRETARY: Calendar Number
8 279, Senate Budget Bill, Senate Print 990B, an
9 act to amend the Penal Law.
10 SENATOR FUSCHILLO: I now move to
11 reconsider the vote by which the bill was
12 passed.
13 THE PRESIDENT: The Secretary
14 will call the roll upon reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 47.
17 THE PRESIDENT: Senator
18 Fuschillo.
19 SENATOR FUSCHILLO: I now move to
20 recommit the bill to the Committee on Finance.
21 THE PRESIDENT: So ordered.
22 SENATOR FUSCHILLO: Madam
23 President, on behalf of Senator Johnson, I
24 wish to call up Senate Print Number 991B,
25 recalled from the Assembly, which is now at
Candyco Transcription Service, Inc.
(518) 371-8910
1458
1 the desk.
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: Calendar Number
5 280, Senate Budget Bill, Senate Print 991B, an
6 act to amend the Public Authorities Law.
7 SENATOR FUSCHILLO: I now move to
8 reconsider the vote by which the bill was
9 passed.
10 THE PRESIDENT: The Secretary
11 will call the roll upon reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 47.
14 SENATOR FUSCHILLO: I now move to
15 recommit the bill to the Committee on Finance.
16 THE PRESIDENT: So ordered.
17 SENATOR FUSCHILLO: Madam
18 President, on behalf of Senator Johnson, I
19 wish to call up Senate Print Number 992B,
20 recalled from the Assembly, which is now at
21 the desk.
22 THE PRESIDENT: The Secretary
23 will read.
24 THE SECRETARY: Calendar Number
25 281, Senate Budget Bill, Senate Print 991B, an
Candyco Transcription Service, Inc.
(518) 371-8910
1459
1 act to amend the Public Health Law.
2 SENATOR FUSCHILLO: I now move to
3 reconsider the vote by which the bill was
4 passed.
5 THE PRESIDENT: The Secretary
6 will call the roll upon reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 47.
9 SENATOR FUSCHILLO: I now move to
10 recommit the bill to the Committee on Finance.
11 THE PRESIDENT: So ordered.
12 SENATOR FUSCHILLO: Madam
13 President, on behalf of Senator Johnson, I
14 wish to call up Senate Print Number 993B,
15 recalled from the Assembly, which is now at
16 the desk.
17 THE PRESIDENT: The Secretary
18 will read.
19 THE SECRETARY: Calendar Number
20 272, Senate Budget Bill, Senate Print 993B, an
21 act to amend Chapter 278 of the Laws of 1982.
22 SENATOR FUSCHILLO: I now move to
23 reconsider the vote by which the bill was
24 passed.
25 THE PRESIDENT: The Secretary
Candyco Transcription Service, Inc.
(518) 371-8910
1460
1 will call the roll upon reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 49.
4 SENATOR FUSCHILLO: I now move to
5 recommit the bill to the Committee on Finance.
6 THE PRESIDENT: So ordered.
7 SENATOR FUSCHILLO: Madam
8 President, on behalf of Senator Johnson, I
9 wish to call up Senate Print Number 994B,
10 recalled from the Assembly, which is now at
11 the desk.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: Calendar Number
15 273, Senate Budget Bill, Senate Print 994B, an
16 act to amend the Public Authorities Law.
17 SENATOR FUSCHILLO: I now move to
18 reconsider the vote by which the bill was
19 passed.
20 THE PRESIDENT: The Secretary
21 will call the roll upon reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 49.
24 SENATOR FUSCHILLO: I now move to
25 recommit the bill to the Committee on Finance.
Candyco Transcription Service, Inc.
(518) 371-8910
1461
1 THE PRESIDENT: So ordered.
2 SENATOR FUSCHILLO: Madam
3 President, on behalf of Senator Johnson, I
4 wish to call up Senate Print Number 995C,
5 recalled from the Assembly, which is now at
6 the desk.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: Calendar Number
10 274, Senate Budget Bill, Senate Print 995C, an
11 act to amend the Tax Law.
12 SENATOR FUSCHILLO: I now move to
13 reconsider the vote by which the bill was
14 passed.
15 THE PRESIDENT: The Secretary
16 will call the roll upon reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 49.
19 SENATOR FUSCHILLO: I now move to
20 recommit the bill to the Committee on Finance.
21 THE PRESIDENT: So ordered.
22 SENATOR FUSCHILLO: Thank you.
23 THE PRESIDENT: Senator Skelos.
24 SENATOR SKELOS: Madam President,
25 if we could go to the noncontroversial reading
Candyco Transcription Service, Inc.
(518) 371-8910
1462
1 of the calendar, please.
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: Calendar Number
5 226, by Senator Rath, Senate Print 2636, an
6 act to adjust certain state aid payments.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 49.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 243, by Senator Seward, Senate Print 1629, an
18 act to amend the Tax Law, in relation to
19 extending the authorization.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
1463
1 THE SECRETARY: Ayes, 49.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 254, by Senator Meier, Senate Print 2487, an
6 act to amend the Domestic Relations Law, in
7 relation to notification.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of January.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 50.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 284, by Senator Maziarz, Senate Print 3108, an
19 act to amend Part E2 of Chapter 62 of the Laws
20 of 2003.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
1464
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 50.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 287, by Senator Morahan --
7 SENATOR MORAHAN: Lay it aside
8 for the day.
9 THE PRESIDENT: The bill is laid
10 aside for the day.
11 THE SECRETARY: Calendar Number
12 288, by Senator Golden, Senate Print 2197, an
13 act to amend the General Business Law, in
14 relation to cyber-cafes.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 50. Nays,
22 1. Senator Libous recorded in the negative.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
1465
1 289, by Senator Skelos, Senate Print 2726, an
2 act to amend the General Business Law, in
3 relation to the sale of laser pointing
4 devices.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 5. This
8 act shall take effect on the first of
9 September.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 51.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 393, by Senator Maziarz, Senate Print 3188, an
17 act to amend Chapter 218 of the Laws of 2004
18 amending the Tax Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 51.
Candyco Transcription Service, Inc.
(518) 371-8910
1466
1 THE PRESIDENT: The bill is
2 passed.
3 Senator Skelos, that completes the
4 reading of the calendar.
5 SENATOR SKELOS: Madam President,
6 is there any further business at the desk?
7 THE PRESIDENT: No, there isn't,
8 Senator.
9 SENATOR SKELOS: Please recognize
10 Senator Gonzalez.
11 THE PRESIDENT: Senator Gonzalez.
12 SENATOR GONZALEZ: Yes, Madam
13 President. There will be a Minority
14 conference tomorrow, Tuesday, March 29th,
15 2:00 p.m., in Room 314.
16 Thank you.
17 THE PRESIDENT: There will be a
18 Minority conference tomorrow, Tuesday,
19 March 29th, 2:00 p.m., in the Minority
20 Conference Room, Room 314.
21 SENATOR SKELOS: Madam President,
22 just as a reminder, there will be a Majority
23 conference tomorrow at 2:00 p.m. also, in the
24 Majority Conference Room.
25 THE PRESIDENT: There will be a
Candyco Transcription Service, Inc.
(518) 371-8910
1467
1 Majority conference tomorrow, also at
2 2:00 p.m., in the Majority Conference Room.
3 Senator Skelos.
4 SENATOR SKELOS: There being no
5 further business to come before the Senate, I
6 move we stand adjourned until Tuesday,
7 March 29th, at 3:00 p.m.
8 THE PRESIDENT: On motion, the
9 Senate stands adjourned until Tuesday,
10 March 29th, 3:00 p.m.
11 (Whereupon, at 5:59 p.m., the
12 Senate adjourned.)
13
14
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910