Regular Session - April 20, 2005
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 April 20, 2005
11 11:06 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 19, the Senate met pursuant to
18 adjournment. The Journal of Monday, April 18,
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 Skelos.
8 SENATOR SKELOS: Madam President,
9 I believe there are substitutions at the desk,
10 if we could make them at this time.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: On page 4,
14 Senator Larkin moves to discharge, from the
15 Committee on Cities, Assembly Bill Number 5939
16 and substitute it for the identical Senate
17 Bill Number 2474, First Report Calendar 587.
18 On page 6, Senator Alesi moves to
19 discharge, from the Committee on Finance,
20 Assembly Bill Number 3981 and substitute it
21 for the identical Senate Bill Number 2781,
22 First Report Calendar 606.
23 And on page 6, Senator Trunzo moves
24 to discharge, from the Committee on Finance,
25 Assembly Bill Number 4762 and substitute it
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1 for the identical Senate Bill Number 3155,
2 First Report Calendar 608.
3 THE PRESIDENT: Substitutions
4 ordered.
5 Senator Skelos.
6 SENATOR SKELOS: Madam President,
7 there's a Resolution 1541 at the desk, by
8 Senator Sampson. Could we have the title read
9 and move for its immediate adoption.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: By Senator
13 Sampson, Legislative Resolution Number 1541,
14 commending the Brooklyn Section of the
15 National Council of Negro Women and honoring
16 the young achievers who will be recognized at
17 its 20th Annual Harambee Celebration.
18 THE PRESIDENT: On the
19 resolution, all in favor please signify by
20 saying aye.
21 (Response of "Aye.")
22 THE PRESIDENT: Opposed, nay.
23 (No response.)
24 THE PRESIDENT: The resolution is
25 adopted.
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1 Senator Skelos.
2 SENATOR SKELOS: Madam President,
3 there's a resolution at the desk, Resolution
4 Number 1542, by Senator Hassell-Thompson.
5 Could we have the title read and move for its
6 immediate adoption.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: By Senator
10 Hassell-Thompson, Legislative Resolution
11 Number 1542, commemorating the 40th
12 Anniversary of the Voting Rights Act of 1965.
13 THE PRESIDENT: On the
14 resolution, all in favor please signify by
15 saying aye.
16 (Response of "Aye.")
17 THE PRESIDENT: Opposed, nay.
18 (No response.)
19 THE PRESIDENT: The resolution is
20 adopted.
21 Senator Skelos.
22 SENATOR SKELOS: Madam President,
23 if we could go to the noncontroversial reading
24 of the calendar.
25 THE PRESIDENT: The Secretary
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1 will read.
2 THE SECRETARY: Calendar Number
3 123, by Senator Robach, Senate Print 2165A, an
4 act to amend the Retirement and Social
5 Security Law, in relation to extension.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 5. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 46.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 369, by Senator Seward, Senate Print 81B, an
17 act in relation to granting Shirley J. Edwards
18 retirement service credit.
19 THE PRESIDENT: There is a
20 home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 4. 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, 47.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 380, by Senator Morahan, Senate Print 2044A,
6 an act to authorize the Town of Clarkstown,
7 County of Rockland.
8 THE PRESIDENT: There is a
9 home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 49.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 486, by Senator Marcellino, Senate Print 2855,
20 an act to amend the Vehicle and Traffic Law,
21 in relation to the number of prior
22 suspensions.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect on the first of
2 November.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 49.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 501, by Senator Wright, Senate Print 2535, an
10 act to amend the Tax Law, in relation to the
11 imposition of sales and compensating use
12 taxes.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 49.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 504, by Senator Saland, Senate Print 2596, an
24 act to amend the Tax Law, in relation to sales
25 and compensating use tax.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 50.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 513, by Senator Winner, Senate Print 3270, an
12 act to amend the Tax Law, in relation to the
13 mortgage recording tax.
14 THE PRESIDENT: There is a local
15 fiscal impact note at the desk.
16 Read the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 49. Nays,
22 1. Senator Valesky recorded in the negative.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 517, by Senator Libous, Senate Print --
2 SENATOR SKELOS: Lay it aside for
3 the day, please.
4 THE PRESIDENT: The bill is laid
5 aside for the day.
6 THE SECRETARY: Calendar Number
7 522, by Senator Nozzolio, Senate Print 1975,
8 an act to amend the Real Property Tax Law, in
9 relation to exempting.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 51.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 532, by Senator Trunzo, Senate Print 432, an
21 act to amend the Education Law, in relation to
22 payment of tuition and fees.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect on the first of August.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 51.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 555, by Senator Padavan, Senate Print 3971, an
9 act to amend the General Municipal Law and the
10 Retirement and Social Security Law, in
11 relation to increasing.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect July 1, 2005.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 52.
19 THE PRESIDENT: The bill is
20 passed.
21 Senator Skelos, that completes the
22 reading of the calendar.
23 SENATOR SKELOS: Thank you, Madam
24 President.
25 Is there any housekeeping at the
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1 desk?
2 THE PRESIDENT: Yes, there is,
3 Senator.
4 Senator Fuschillo.
5 SENATOR FUSCHILLO: Thank you,
6 Madam President.
7 On behalf of Senator Flanagan, I
8 wish to call up Calendar Number 426, Assembly
9 Print Number 1221.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: Calendar Number
13 426, by Member of the Assembly Tokasz,
14 Assembly Print Number 1221, an act to amend
15 the Election Law.
16 SENATOR FUSCHILLO: I now move to
17 reconsider the vote by which this Assembly
18 bill was substituted for Senate Print Number
19 2914 on April 12th.
20 THE PRESIDENT: The Secretary
21 will call the roll upon reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 52.
24 SENATOR FUSCHILLO: I now move
25 that Assembly Bill Number 1221 be recommitted
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1 to the Committee on Elections.
2 THE PRESIDENT: So ordered.
3 SENATOR FUSCHILLO: Thank you.
4 And that the Senate bill be restored to the
5 order of Third Reading Calendar.
6 THE PRESIDENT: So ordered,
7 Senator.
8 SENATOR FUSCHILLO: I now offer
9 the following amendments.
10 THE PRESIDENT: The amendments
11 are received.
12 SENATOR FUSCHILLO: Thank you.
13 THE PRESIDENT: Senator Skelos.
14 SENATOR SKELOS: Madam President,
15 would you please recognize Senator Valesky.
16 THE PRESIDENT: Senator Valesky.
17 SENATOR VALESKY: Madam
18 President, I have a motion at the desk. I
19 would like to have it called up at this time.
20 THE PRESIDENT: The Secretary
21 will read.
22 THE SECRETARY: Senate Print
23 3049, by Senator Valesky, Concurrent
24 Resolution of the Senate and Assembly
25 proposing amendments to Article 9 of the
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1 constitution.
2 THE PRESIDENT: Senator Valesky.
3 SENATOR VALESKY: Madam
4 President, thank you.
5 We have heard, no doubt time and
6 time again, from our local government
7 officials the impact that state-imposed
8 unfunded mandates have on those local
9 governments, often forcing our counties,
10 cities, villages and other local governments
11 to cut services or raise taxes to cover
12 additional costs.
13 This particular bill, Senate Bill
14 3049, would amend the New York State
15 Constitution to prohibit the state from
16 imposing unfunded mandates. And it would make
17 compliance with new state mandates, once
18 determined to be unfunded, voluntary for local
19 governments, school districts, and others.
20 It would create a council on local
21 mandates appointed by the Governor and
22 legislative leaders.
23 The bill does include some
24 exceptions; for example, when it's necessary
25 to comply with federal law or, obviously, any
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1 request from a locality through a home-rule
2 message process.
3 I think this is very, very
4 important for our localities across the State
5 of New York and in turn for our taxpayers, and
6 I urge the members of the Senate to support
7 this motion.
8 Thank you very much, Madam
9 President.
10 THE PRESIDENT: All those
11 Senators in favor of the petition out of
12 committee please raise your hand.
13 THE SECRETARY: Those Senators in
14 agreement are Breslin, Brown, Diaz, Dilan,
15 Duane, Gonzalez, Klein, L. Krueger, C. Kruger,
16 Montgomery, Paterson, Sabini, Schneiderman,
17 Serrano, A. Smith, M. Smith, Stachowski,
18 Valesky. Also Senator Stavisky. Also Senator
19 Savino. Also Senator Oppenheimer. Also
20 Senator Andrews. Also Senator Onorato.
21 THE PRESIDENT: The petition is
22 not agreed to.
23 Senator Skelos.
24 SENATOR SKELOS: Madam President,
25 there being no further business to come before
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1 the Senate, I move we stand adjourned until
2 Monday, May 2nd, at 3:00 p.m., intervening
3 days being legislative days, and wish
4 everybody a healthy and happy break.
5 THE PRESIDENT: On motion, the
6 Senate now stands adjourned until Monday,
7 May 2nd, 3:00 p.m., intervening days being
8 legislative days.
9 Have a great break.
10 (Whereupon, at 11:18 a.m., the
11 Senate adjourned.)
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