Regular Session - April 13, 2005
2092
1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 April 13, 2005
11 11:09 a.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 Tuesday, April 12, the Senate met pursuant to
18 adjournment. The Journal of Monday, April 11,
19 was read and approved. On motion, Senate
20 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 Bonacic.
8 SENATOR BONACIC: Thank you,
9 Madam President.
10 On behalf of Senator Skelos, we'd
11 like to amend the bill on the calendar, the
12 third reading. On page number 26, I offer the
13 following amendments to Calendar Number 441,
14 Print Number 3685A, and ask that said bill
15 retain its place on the Third Reading
16 Calendar.
17 THE PRESIDENT: The amendments
18 are received, and the bill will retain its
19 place on the Third Reading Calendar.
20 SENATOR BONACIC: Also, Madam
21 President, on behalf of Senator Volker, we'd
22 like to vote to reconsider a bill recalled
23 from the Assembly.
24 I wish to call up Bill Number 1524,
25 recalled from the Assembly, which is now at
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1 the desk.
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: Calendar Number
5 451, by Senator Volker, Senate Print 1524, an
6 act to amend the Criminal Procedure Law.
7 SENATOR BONACIC: Madam
8 President, I now move to reconsider the vote
9 by which the bill was passed.
10 THE PRESIDENT: The Secretary
11 will call the roll upon reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 43.
14 SENATOR BONACIC: Thank you,
15 Madam President.
16 THE PRESIDENT: The bill is
17 restored to Third Reading Calendar.
18 Senator Bruno.
19 SENATOR BRUNO: Madam President,
20 I believe that there are three resolutions at
21 the desk by Senator Golden. I would ask that
22 the titles be read and move for their
23 immediate adoption.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: By Senator
2 Golden, Legislative Resolution Number 1418,
3 commending Robert Pertsas upon the occasion of
4 being inducted into the Kingsborough Community
5 College Wall of Fame on April 20, 2005.
6 By Senator Golden, Legislative
7 Resolution Number 1419, commending Maria E.
8 Campanella upon the occasion of being inducted
9 into the Kingsborough Community College Wall
10 of Fame on April 20, 2005.
11 And by Senator Golden, Legislative
12 Resolution Number 1420, commending Cheryl Ault
13 upon the occasion of being inducted into the
14 Kingsborough Community College Wall of Fame on
15 April 20, 2005.
16 THE PRESIDENT: Senator Golden.
17 SENATOR GOLDEN: Thank you, Madam
18 President.
19 Kingsborough Community College is
20 an outstanding institution in the County of
21 Kings where 16,000 students attend this
22 facility. It's on the waterfront. It is a
23 facility that has run down over the years and
24 needed a tremendous amount of work to be able
25 to bring back to focus and to bring back its
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1 mission statement of educating the children
2 and adults of Kings County.
3 They've done such a great job in
4 going out there and reaching out to some of
5 the student body that has graduated that have
6 made great inroads in the city and state of
7 New York.
8 And we are very proud of those
9 honorees that are being given a proclamation
10 next week at their honoring, to show the great
11 works that Kingsborough College has done for
12 Kings County and for their student base.
13 We are proud of that school, and
14 they are on their way of raising real money
15 and being a real partner with the city and
16 state in bringing in dollars privately through
17 these different honored guests.
18 So we commend Ms. Peruggi, the
19 president of Kingsborough, and we congratulate
20 the three honorees and the mission of CUNY
21 College in the City of New York.
22 Thank you, Madam President.
23 THE PRESIDENT: You're welcome.
24 All in favor of the resolution --
25 Senator Stavisky.
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1 SENATOR STAVISKY: Thank you,
2 Madam President.
3 May I just add my congratulations
4 too. Because at the very beginning of
5 Kingsborough Community College, my husband was
6 on the faculty for many years, when it was a
7 college consisting of nothing but quonset huts
8 in South Brooklyn.
9 So I'm delighted to see it has
10 become so successful and such an important
11 part of the CUNY family. And from this side
12 of the aisle, we congratulate CUNY.
13 Thank you.
14 THE PRESIDENT: All in favor of
15 the resolutions, please signify by saying aye.
16 (Response of "Aye.")
17 THE PRESIDENT: Opposed, nay.
18 (No response.)
19 THE PRESIDENT: The resolutions
20 are adopted.
21 Senator Bruno.
22 SENATOR BRUNO: Madam President,
23 can we at this time have the noncontroversial
24 reading of the calendar.
25 THE PRESIDENT: The Secretary
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1 will read.
2 THE SECRETARY: Calendar Number
3 4, by Senator Skelos, Senate Print 85A, an act
4 to amend the Limited Liability Company Law and
5 others.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 24. This
9 act shall take effect on the first day of the
10 first month which commences.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE PRESIDENT: Senator Breslin,
14 to explain your vote.
15 SENATOR BRESLIN: Madam
16 President, to explain my vote.
17 The Pro Bono Lawyers Committee on
18 Microenterprise has expressed some concerns
19 about the onerous burden that newspaper
20 publication imposes on microenterprises.
21 Microenterprise businesses with
22 five or fewer employees and started with fees
23 less than $35,000 in capital are a vital part
24 of New York State's economic fabric,
25 accounting for nearly 19 percent of all
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1 employment in the State of New York.
2 Microenterprises frequently
3 organize as LLCs because the LLC structure
4 offers a great deal of flexibility, protection
5 for personal assets, and is relatively
6 inexpensive.
7 While I will vote for this bill, in
8 the future I urge my colleagues to consider
9 the special needs of these small businesses.
10 I hope we can find ways to reduce the burden
11 on this vital and growing part of our state's
12 economy.
13 I vote yes.
14 THE PRESIDENT: You will be so
15 recorded as voting in the affirmative,
16 Senator.
17 The Secretary will announce the
18 results.
19 THE SECRETARY: Ayes, 54.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 267, by Senator Golden, Senate Print 1821, an
24 act to amend the Education Law, in relation to
25 authorizing.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of April.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 53. Nays,
8 1. Senator Duane recorded in the negative.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 364, by Senator Meier, Senate Print 2318, an
13 act to amend the Vehicle and Traffic Law, in
14 relation to authorizing.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of January.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 53. Nays,
22 1. Senator Duane recorded in the negative.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 407, by Senator Larkin, Senate Print 2475, an
2 act to amend the General Business Law and
3 others.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the 180th day.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 54.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 436, by Senator Robach, Senate Print 3331, an
15 act to amend the Civil Service Law, in
16 relation to authorizing.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 54.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 444, by Senator Maltese, Senate Print 3597, an
3 act to amend Labor Law and the Civil Service
4 Law, in relation to employees' right.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 54.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 445, by Senator Maziarz, Senate Print 3748, an
16 act to amend the Workers' Compensation Law, in
17 relation to disqualifying.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of July.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 54.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 449, by Senator Volker, Senate Print 877, an
4 act to amend the Criminal Procedure Law, in
5 relation to granting.
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, 54.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 476, by Senator Marcellino, Senate Print 1310,
17 an act to amend the Vehicle and Traffic Law,
18 in relation to operation of a motor vehicle.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of
23 September.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 54.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 493, by Senator Farley, Senate Print 946, an
6 act to amend Chapter 489 of the Laws of 2004,
7 amending the Tax Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 54.
15 THE PRESIDENT: The bill is
16 passed.
17 Senator Bruno, that completes the
18 reading of the calendar.
19 SENATOR BRUNO: Madam President,
20 is there any other work for the Senate at the
21 desk this morning?
22 THE PRESIDENT: No work at the
23 desk, Senator.
24 SENATOR BRUNO: There is nothing
25 else for us to do on this beautiful day?
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1 THE PRESIDENT: I said no work at
2 the desk.
3 (Laughter.)
4 SENATOR BRUNO: Oh, thank you.
5 Thank you, Madam President.
6 Then I would move that there being
7 no further business to come before the Senate
8 on this day, that we stand adjourned until
9 April 18th, Monday, at 3:00 p.m., intervening
10 days being legislative days.
11 Thank you.
12 THE PRESIDENT: On motion, there
13 being no further work at the desk, we stand
14 adjourned until Monday, April 18th, at
15 3:00 p.m., intervening days being legislative
16 days.
17 (Whereupon, at 11:20 a.m., the
18 Senate adjourned.)
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