Regular Session - May 4, 2005
2420
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 4, 2005
11 12:07 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
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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 Everyone present please rise and
5 repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 THE PRESIDENT: In the absence of
9 clergy, may we bow our heads, please, in a
10 moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 THE PRESIDENT: Reading of the
14 Journal.
15 THE SECRETARY: In Senate,
16 Tuesday, May 3, the Senate met pursuant to
17 adjournment. The Journal of Monday, May 2,
18 was read and approved. On motion, Senate
19 adjourned.
20 THE PRESIDENT: Without
21 objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
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1 The Secretary will read.
2 THE SECRETARY: The Governor
3 returned, without Executive approval, Senate
4 Bill Number 2, entitled "An act to amend the
5 State Finance Law."
6 THE PRESIDENT: Senator Bruno.
7 SENATOR BRUNO: Madam President,
8 I move to lay said bill, as vetoed by the
9 Governor, on the table.
10 THE PRESIDENT: So ordered.
11 Reports of standing committees.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Bruno.
17 SENATOR BRUNO: Madam President,
18 I believe there is a resolution at the desk by
19 Senator Bonacic. I would ask that the title
20 be read and move for its immediate adoption.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: By Senator
24 Bonacic, Legislative Resolution Number 1693,
25 honoring Bernadette Reichle upon the occasion
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1 of receiving the Education Award from the
2 Sarah Wells Girl Scout Council and the YWCA of
3 Orange County at the 2005 Tribute to Women of
4 Achievement of Orange County.
5 THE PRESIDENT: The question is
6 on the resolution. All in favor please
7 signify by saying aye.
8 (Response of "Aye.")
9 THE PRESIDENT: Opposed, nay.
10 (No response.)
11 THE PRESIDENT: The resolution is
12 adopted.
13 Senator Bruno.
14 SENATOR BRUNO: Madam President,
15 there is another resolution at the desk, by
16 Senator Larkin. I would ask that it be read
17 in its entirety and move for its immediate
18 adoption.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: By Senator
22 Larkin, Legislative Resolution Number 1694,
23 commemorating the 60th Anniversary of VE-Day,
24 Victory in Europe during World War II, to be
25 observed on Thursday, May 5, 2005.
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1 "WHEREAS, It is the sense of this
2 Legislative Body that those who give positive
3 definition to the profile and disposition of
4 our American manner, do so profoundly
5 strengthen our shared commitment to the
6 exercise of freedom; and
7 "WHEREAS, Attendant to such
8 concern, and fully in accord with its
9 long-standing traditions, it is the intent of
10 this Legislative Body to commemorate the
11 60th Anniversary of VE-Day, Victory in Europe
12 during World War II, to be observed on
13 Thursday, May 5, 2005, at the New York State
14 World War II Memorial in Albany, New York,
15 with a special ceremony; and
16 "WHEREAS, New York State officials
17 and veterans from across the state will gather
18 to observe this important anniversary to
19 instill in all citizens a greater
20 understanding and appreciation of the selfless
21 sacrifice of the brave individuals who served
22 their country during World War II; and
23 "WHEREAS, VE-Day was a triumph that
24 silenced the guns of war that had laid claim
25 to death and devastation across the continent
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1 for nearly six years; and
2 "WHEREAS, It was the extraordinary
3 courage of a special generation of Americans
4 and the passion for freedom of our Allies that
5 would defeat an evil regime and keep alight
6 the flame of liberty; and
7 "WHEREAS, The dedication and
8 sacrifices of these extraordinary Americans
9 who served during World War II ensured our
10 continued role as a nation which embodies the
11 ideals of democracy and is a defender of
12 liberty for peoples throughout the world; and
13 "WHEREAS, This Legislative Body is
14 very pleased to have this opportunity to
15 express its gratitude to the veterans of World
16 War II for their tremendous sacrifices made
17 for our nation and for the benefit of all
18 Americans; now, therefore, be it
19 "RESOLVED, That this Legislative
20 Body pause in its deliberations to commemorate
21 the 60th anniversary of VE-Day, Victory in
22 Europe during World War II, to be observed on
23 Thursday, May 5, 2005; and be it further
24 "RESOLVED, That copies of this
25 resolution, suitably engrossed, be transmitted
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1 to veteran organizations in New York State."
2 THE PRESIDENT: Senator Larkin.
3 SENATOR LARKIN: Thank you, Madam
4 President.
5 You know, this is a year that we're
6 going to -- as far as history goes, is going
7 to say a lot for us. But fifty [sic] years
8 ago, combat in Europe stopped. Tomorrow, here
9 in the State Capitol, there will be a ceremony
10 honoring what happened fifty years ago.
11 Fifty years ago the concern was how
12 explosive Europe would be, how explosive the
13 Pacific would be. But yet our armed forces,
14 joining with our allies, convinced the Germans
15 that this was the end of the road.
16 While it was a joyful occasion,
17 there were many tearful occasions, because
18 many of our units that had served in combat
19 took a step back, and they thought of the
20 people that they served with, the men and
21 women -- starting in North Africa, going to
22 D-Day, crossing the line and taking in
23 Berlin -- and they remembered those who made
24 the supreme sacrifice in order to allow this
25 day to happen.
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1 It was a glorious day for us. It
2 set in pattern what we had hoped would be the
3 end of all wars, of which we know it never
4 took place.
5 This resolution is a small piece of
6 paper. But to our veterans groups who will
7 celebrate this day -- in our chamber, there
8 are three of us who served in World War II:
9 The dean, Senator Marchi, four years United
10 States Navy; to my right, Caesar Trunzo,
11 infantryman; and this little kid from South
12 Troy, Your Honor, served with them too.
13 So we can reflect back. Most of
14 all, we'll reflect the great times of having
15 it end. Because those troops that were in
16 Europe were making preparation to join us in
17 the South Pacific, 86th Blackhawk. And people
18 recognized, without the action in Europe, the
19 devastation that would have been on us in
20 attacking Japan; there would have been
21 millions more killed.
22 So as we joyfully celebrate things
23 of spring and all, I think we all ought to
24 take a moment and reflect how lucky we are
25 that we had men and women in our nation that
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1 were willing to fight to preserve freedom.
2 Madam President, I'd like to open
3 up the resolution to all to join us, because
4 it is a rightful thing to do.
5 Thank you.
6 THE PRESIDENT: The question is
7 on the resolution. All in favor please
8 signify by saying aye.
9 (Response of "Aye.")
10 THE PRESIDENT: Opposed, nay.
11 (No response.)
12 THE PRESIDENT: The resolution is
13 adopted.
14 Any member who does not wish to be
15 a cosponsor of this resolution please notify
16 the desk.
17 Senator Bruno.
18 SENATOR BRUNO: Madam President,
19 are there any substitutions at the desk?
20 THE PRESIDENT: Yes, there are,
21 Senator.
22 SENATOR BRUNO: Can we take up
23 those substitutions at this time.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: On page 4,
2 Senator Larkin moves to discharge, from the
3 Committee on Agriculture, Assembly Bill Number
4 6428 and substitute it for the identical
5 Senate Bill Number 1964, First Report Calendar
6 690.
7 On page 8, Senator Marchi moves to
8 discharge, from the Committee on
9 Transportation, Assembly Bill Number 5779 and
10 substitute it for the identical Senate Bill
11 Number 2940, First Report Calendar 735.
12 On page 13, Senator Spano moves to
13 discharge, from the Committee on
14 Investigations and Government Operations,
15 Assembly Bill Number 7294 and substitute it
16 for the identical Senate Bill Number 5074,
17 First Report Calendar 789.
18 On page 43, Senator Bruno moves to
19 discharge, from the Committee on Finance,
20 Assembly Bill Number 2, and substitute it for
21 the identical Senate Bill Number 1, Third
22 Reading Calendar 597.
23 And on page 51, Senator Maltese
24 moves to discharge, from the Committee on
25 Codes, Assembly Bill Number 6285B and
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1 substitute it for the identical Senate Bill
2 Number 1872B, Third Reading Calendar 798.
3 THE PRESIDENT: Substitutions
4 ordered.
5 Senator Bruno.
6 SENATOR BRUNO: Madam President,
7 can we at this time take up the
8 noncontroversial reading of the calendar.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 187, by Senator Marchi, Senate Print 1841, an
13 act to amend the Not-for-Profit Corporation
14 Law, in relation to not-for-profit
15 corporations.
16 SENATOR BRUNO: Lay it aside for
17 the day.
18 THE PRESIDENT: The bill is laid
19 aside for the day.
20 THE SECRETARY: Calendar Number
21 304, by Senator Larkin, Senate Print 414, an
22 act to amend the Insurance Law, in relation to
23 providing.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of January.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 329, by Senator Little, Senate Print 1184, an
10 act to authorize certain health care
11 professionals.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect July 20, 2005.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 58.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 437, by Senator Meier, Senate Print 3567, an
23 act in relation to authorizing the reopening
24 of retirement plans.
25 THE PRESIDENT: There is a
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1 home-rule message at the desk.
2 Read the last 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, 58.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 471, by Member of the Assembly Lavelle,
12 Assembly Print Number 5475, an act to amend
13 Chapter 395 of the Laws of 1978.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE PRESIDENT: Senator
21 Schneiderman, to explain your vote.
22 SENATOR SCHNEIDERMAN: Yes, Madam
23 President.
24 I'm voting no on this piece of
25 legislation. This is a bill originally passed
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1 in 1973 in response as to an explosion on
2 Staten Island which killed 40 people. The
3 explosion was of a liquid natural gas tank.
4 I voted against this in the past
5 because it has been ascertained that there was
6 a defect in the particular truck, the
7 particular tank. It had nothing to do with
8 the safety of liquid natural gas, which in
9 fact is very important for powering clean
10 engines.
11 And unfortunately, this piece of
12 legislation, which was enacted in response to
13 that tragedy, is a ban on the siting of
14 facilities for transporting and storing liquid
15 natural gas in the City of New York. It
16 imposes a tremendous burden. It increases
17 pollution in the city. And I believe it's a
18 continued reaction to a problem that, while it
19 was a great tragedy, is not really addressed
20 by this piece of legislation.
21 So I sympathize with anyone still
22 bearing the scars of the tragedy in 1973. I
23 understand Senator Marchi's commitment to
24 this. But liquid natural gas is a safe
25 product, it is a good product for the
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1 environment, and we should end the ban on
2 liquid natural gas facilities in the City of
3 New York.
4 So I will be voting no, Madam
5 President.
6 THE PRESIDENT: You will be
7 recorded as voting in the negative.
8 The Secretary will announce the
9 results.
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 471 are
12 Senators Balboni, Breslin, Duane, Gonzalez,
13 L. Krueger, C. Kruger, Montgomery, Onorato,
14 Parker, Schneiderman, and Serrano.
15 Ayes, 47. Nays, 11.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 526, by Senator Larkin, Senate Print 2622, an
20 act to amend the General Municipal Law, in
21 relation to providing.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 180th day.
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1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 541, by Senator Hannon, Senate Print 766, an
9 act to amend Chapter 590 of the Laws of 2002,
10 amending the Public Health Law.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 3. 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, 58.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 590, by Senator DeFrancisco, Senate Print 44,
23 an act to amend the Real Property Law, in
24 relation to real estate agency disclosure.
25 ACTING PRESIDENT MEIER: Read the
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1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect January 1, 2006.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 58.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 593, by Senator Volker, Senate Print 160, an
12 act to amend the Real Property Law, in
13 relation to fees for home inspection
14 examinations.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 12. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 58.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 597, substituted earlier today by Member of
2 the Assembly Silver, Concurrent Resolution of
3 the Senate and Assembly proposing amendments
4 to Articles IV --
5 SENATOR SCHNEIDERMAN: Lay it
6 aside.
7 ACTING PRESIDENT MEIER: Lay the
8 resolution aside.
9 THE SECRETARY: Calendar Number
10 604, by Senator Farley, Senate Print 2220, an
11 act to amend the Executive Law, in relation to
12 designation of August 7th as "Family Day."
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57. Nays,
21 1. Senator Duane recorded in the negative.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 607, by Senator Little, Senate Print 2973, an
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1 act to amend the Executive Law, in relation to
2 including the Fulton chain of lakes.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 609, by Senator Spano --
15 SENATOR SCHNEIDERMAN: Lay it
16 aside.
17 ACTING PRESIDENT MEIER: Lay the
18 bill aside.
19 THE SECRETARY: Calendar Number
20 632, by Senator Larkin, Senate Print 70, an
21 act to amend the Vehicle and Traffic Law, in
22 relation to authorizing the City of Newburgh.
23 ACTING PRESIDENT MEIER: There is
24 a home-rule message at the desk.
25 Read the last section.
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1 THE SECRETARY: Section 2. 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, 58.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 798, substituted earlier today by Member of
11 the Assembly McLaughlin, Assembly Print Number
12 6285B, an act to amend the Penal Law, in
13 relation to enacting "Vasean's Law."
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 6. This
17 act shall take effect on the first of
18 November.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MEIER: Senator
23 Maltese, to explain his vote.
24 SENATOR MALTESE: Mr. President,
25 I rise to explain my vote.
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1 Mr. President, I've been coming to
2 Albany for a great many years now, and very
3 rarely have I seen the agreement that we have
4 in effect today to pass this legislation in
5 this house. It's a situation that has risen
6 as a result of a terrible tragedy, the loss of
7 a little boy, the loss of a beloved little boy
8 by a mother who cared very deeply about her
9 only child.
10 And that mother is present in the
11 chamber today. That mother has been present
12 in the Assembly chamber for the passage of
13 this same law.
14 That mother, together with her
15 friend and neighbor -- that mother is
16 Mrs. Monique Dixon. Her friend and neighbor
17 is present here today, and that woman is Diana
18 Reyes. Diana is the mother of another little
19 boy, the best friend of little Vasean, who was
20 in a coma shortly after the tragic accident.
21 That accident was a crime. That
22 accident was among the very many accidents
23 caused by drunken drivers behind the wheels of
24 vehicles. This law is seeking to change the
25 law and stop accidents like that, crimes like
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1 that from happening in the future.
2 Not only does it change the law to
3 create a rebuttable presumption that an
4 assault, a vehicular assault or a vehicular
5 homicide caused by a drunken driver was caused
6 by a driver's intoxication or impairment, but
7 it also increases the penalties to a felony in
8 both cases, a very desired result.
9 Speaking as a former prosecutor
10 myself, and deputy chief of the Homicide
11 Bureau in Queens, it's very evident that the
12 law over the years has been too lenient and
13 has been taken advantage of by drunken
14 drivers. It a pity, it is a shame that it
15 took the death of a little boy to change this
16 law and provide for a penalty that fits the
17 crime.
18 Nothing can ever bring back that
19 little boy, but certainly we in this chamber
20 can pass this legislation. We in this
21 chamber, as a result of the efforts of those
22 two mothers who have lobbied extensively --
23 lobbied not only Speaker Silver, who has
24 stepped up to the plate; lobbied the Governor
25 of the State of New York, who has indicated
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1 that he will sign this legislation; lobbied
2 Majority Leader Bruno, who was sympathetic to
3 this case from the very first and has watched
4 carefully as this case has progressed and
5 indicated his acceptance and support.
6 By the same token, in this house,
7 this bill has been supported by my co-prime
8 sponsor, Senator Toby Stavisky, eliminating
9 any claim of partisan politics. Senator Dale
10 Volker, our chairman of Codes, Assemblyman Joe
11 Lentol, the Assembly chairman of Codes, have
12 all cooperated to bring this bill before this
13 house at a time at less than six months have
14 expired.
15 The support that Mrs. Dixon and
16 Mrs. Reyes have encouraged and obtained is
17 absolutely incredible. They are present in
18 the chamber today. I think it's fitting that
19 they be here today to see this bill passed.
20 I vote aye.
21 ACTING PRESIDENT MEIER: Senator
22 Maltese will be recorded in the affirmative.
23 Senator Stavisky, to explain her
24 vote.
25 SENATOR STAVISKY: Thank you, Mr.
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1 President.
2 October 22, 2004. That evening,
3 little Vasean was hit by a drunken driver, and
4 Angel Reyes was seriously injured. A lot has
5 happened in the last -- just over six months,
6 and it's happened because of the two women who
7 are seated here in the chamber today.
8 But there are some other people
9 also whom we must thank. Senator Maltese
10 mentioned some of them. We thank Senator
11 Bruno. I certainly thank Senator Maltese. I
12 thank my Minority Leader, Senator Paterson,
13 for his guidance and for his leadership on
14 this issue.
15 And we thank the people in the
16 Assembly, because without Assemblyman
17 McLaughlin and Assemblywoman Nettie Mayersohn,
18 Speaker Silver, and Joe Lentol, the Assembly
19 chair of Codes, and Senator Volker, the chair
20 of our Codes, we wouldn't be here at this
21 point today.
22 Ms. Dixon and Ms. Reyes live in my
23 Senate district. The accident occurred in my
24 Senate district. It occurred right on the
25 boundary of where -- in the street where
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1 Assemblyman McLaughlin has one side of the
2 street and Assemblywoman Mayersohn has the
3 other side of the street. But it was their
4 commitment and tenacity that brought us to
5 this day.
6 We also ought to mention the
7 editorial writers, because they were also very
8 significant. We had major editorials in the
9 Daily News, in Newsday -- Newsday did three
10 editorials, the Daily News did two -- the
11 community newspapers.
12 The people in the community who
13 came up and who lobbied and who we went to
14 court on so many occasions. They collected
15 petitions and signatures and lent support to
16 Ms. Dixon and Ms. Reyes in their fight. The
17 people in the community should also be
18 thanked.
19 But with all due respect, we
20 wouldn't be here if it weren't for Monique
21 Dixon and Diana Reyes, because they have
22 become a vocal voice for the silent mothers
23 who have lost children in the past. And to
24 me, nothing can be worse than losing a child.
25 They have shown the depth of a mother's love
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1 for a child, by taking a tragedy and turning
2 it into a positive result.
3 Many mothers have suffered similar
4 tragedies. But we know that drinking and
5 driving is a recipe for disaster. And
6 Ms. Dixon has been able to channel her grief
7 and her anger in a constructive manner, with
8 positive results.
9 Monique Dixon vowed to change the
10 law so that other mothers would not have to
11 experience her anguish. In a little more than
12 six months, they have accomplished the
13 impossible.
14 The editorial writers love to say
15 that we're dysfunctional, that we can't do
16 something. Well, I must say, we finally got
17 it right. We finally got it right in the
18 Legislature. And I hope that this is a
19 harbinger of what's going to happen in the
20 future.
21 We thank you, my friends, my
22 constituents, for what you have done. And
23 this really is only the beginning of your
24 fight. I know that you're not going to rest
25 once this bill is signed into law. There are
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1 many other things that you're going to do.
2 And we thank you for being the conscience of
3 the Legislature on this issue. You have
4 spoken so eloquently and so effectively, and
5 we are so grateful for everything that you
6 have done.
7 And lastly, I can't help but think
8 back to what happened yesterday, during the
9 tribute to Pat McGee. So many people stood
10 and said, "I never had a chance to say
11 goodbye." And I think that was telling of
12 what happens up here. So let us, when we
13 leave here today, remember to say goodbye to
14 our friends.
15 And to Monique and to Diana, we
16 thank you very, very much for all you have
17 done, but also for everything that you're
18 going to do in the future.
19 ACTING PRESIDENT MEIER: Senator
20 Stavisky will be recorded in the affirmative.
21 Senator Golden, to explain his
22 vote.
23 SENATOR GOLDEN: Thank you,
24 Acting President.
25 I too rise to congratulate Serph
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1 Maltese today, and the Senate for passing this
2 bill today, and to congratulate Monique Dixon.
3 Even though it's a sad day, losing your son,
4 it is a great day for your son, for Angel
5 Reyes, for all of the children of this great
6 state.
7 There isn't a week that goes by
8 that we don't open up the newspapers and we
9 see somebody with a hit-and-run, somebody with
10 a DWI, somebody killing another child in this
11 city and state. It's wrong. And this Senate
12 has passed, in the past three weeks, two laws
13 that are going to deal with vehicle accidents
14 and with driving while intoxicated.
15 We have a long way to go yet. In
16 2002, 1,500 people were killed by car
17 accidents. That's leaving the scene, that's
18 DWI, that's acting while under the influence
19 of drugs, that's reckless driving, that's --
20 it's a combination.
21 We have to get serious about the
22 accidents in this state, like we did with the
23 crime of homicide and criminal crimes in this
24 city and state. We dealt with that. We
25 brought crime down across this city and state.
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1 We have to do the same when it comes to
2 vehicle accidents.
3 What percentage, what portion of
4 those people being killed in this state are
5 that of people that were drunk that left the
6 scene of an accident and killed a child? Next
7 week, I guarantee you we open up the Post or
8 the Daily News and you will see another child
9 killed, and the week after that, another
10 person run down, and another week after that,
11 another person run down. We have to get
12 serious.
13 And I congratulate this Senate, all
14 of us in the Assembly and the Senate, for
15 passing these two bills, but we've got a long
16 way to go yet in bringing traffic accidents
17 down and dealing with this with a
18 comprehensive approach. This is two of the
19 five-point plan that the Governor had. We
20 have to continue the other three points, and
21 we have to go further to make sure that we
22 start saving lives here in this great, great
23 state.
24 So I thank you again, Monique, and
25 I thank Diane for being here today, and the 60
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1 or 70 kids that you brought with you yesterday
2 to make your point. Congratulations, and God
3 bless Vasean.
4 And I vote yes. Thank you.
5 ACTING PRESIDENT MEIER: Senator
6 Golden will be recorded in the affirmative.
7 Senator Malcolm Smith, to explain
8 his vote.
9 SENATOR MALCOLM SMITH: Thank you
10 very much, Mr. President.
11 And to Diane and Monique, I am
12 sorry that you have to visit our chambers on
13 this particular day and be acquainted with all
14 of these members because of the tragedy that
15 happened to both of your children.
16 However, you should rest and know
17 that something good is coming out of this.
18 While I know that does very little to support
19 your heart, I do understand where your
20 feelings are right now. Truthfully, to lose a
21 loved one is probably the most difficult thing
22 for anyone to have to deal with.
23 I am happy to hear, obviously, that
24 Angel has come out of the coma, and that's a
25 good thing. And we're hoping to hear some
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1 good things about him. Obviously, God is not
2 through with him and there is more purpose to
3 his life.
4 I will tell you very much so,
5 Monique, I know how passionate you were about
6 this. Even when you were in church, you would
7 make sure to try to lobby for this. And you
8 saw here, with Senator Maltese and Senator
9 Toby Stavisky, exactly what can happen in
10 government when everybody is focused on making
11 the right thing happen.
12 You should know that your
13 commitment and your tenacity pushed this thing
14 through for the last month or so, as you were
15 up here and we saw you in the hallway and you
16 were talking to everybody. And I know how you
17 grabbed me by my neck a few times when we were
18 in the hallway. That was a good thing, for
19 both of you. And I love you both for that.
20 But please know that our prayers
21 are going to be with each and every one of you
22 for now and forever. And as this day passes,
23 you know, as they say in the Bible, that, you
24 know, weeping may endure for a night, but joy
25 comes in the morning. And the joy that you
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1 have this morning is knowing that we are all
2 here supporting a bill that is a tribute to
3 both of your children. But also know that the
4 joy that you have this morning is that our
5 prayers are going to be with you forever, and
6 we love each and every one of you. God bless.
7 And I vote yes.
8 ACTING PRESIDENT MEIER: Senator
9 Malcolm Smith will be recorded in the
10 affirmative.
11 Senator Ada Smith, to explain her
12 vote.
13 SENATOR ADA SMITH: Thank you,
14 Mr. President.
15 I too would like to pay homage to
16 my colleagues Senator Maltese and Senator Toby
17 Stavisky, and to thank them. But most of all,
18 to Monique and Diana.
19 And Monique, this is a very hard
20 time because it is the week of Mother's Day.
21 But think of it as your beautiful son looking
22 down upon you giving you a gift of strength.
23 May your strength continue. May you continue
24 to push each and every one of us.
25 And when you look upon Angel, think
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1 of him as being a reward for still being here,
2 and continue to give him the love and the
3 caring that he will need to go forward in
4 life.
5 And I want to add my thanks to you
6 for your diligence. And I look forward to
7 working with you in any way possible to
8 further those bills that we need to put
9 forward so that young people will be safe in
10 the streets of our city.
11 Once again, thank you. And I vote
12 yes.
13 ACTING PRESIDENT MEIER: Senator
14 Ada Smith will be recorded in the affirmative.
15 The Secretary will announce the
16 results.
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 Senator Bruno, that completes the
21 noncontroversial reading of the calendar.
22 SENATOR BRUNO: Mr. President,
23 can we at this time take up the controversial
24 reading of the calendar.
25 ACTING PRESIDENT MEIER: The
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1 Secretary will conduct the controversial
2 reading of the calendar.
3 THE SECRETARY: Calendar Number
4 597, substituted earlier today by Member of
5 the Assembly Silver, Assembly Print Number 2,
6 Concurrent Resolution of the Senate and
7 Assembly proposing amendments to Articles IV
8 and VII of the Constitution.
9 ACTING PRESIDENT MEIER: Members
10 are asked to come into the chamber and take
11 their seats.
12 The Secretary will ring the bells.
13 The resolution is before the house.
14 Senator Schneiderman.
15 SENATOR SCHNEIDERMAN: Yes, thank
16 you, Mr. President. On the bill -- on the
17 resolution, excuse me.
18 We have two budget reform
19 resolutions before us today. I will be
20 opposing the resolution that is before us now
21 and supporting the second resolution.
22 I think that since this resolution
23 was first passed, a lot has happened. The
24 Silver v. Pataki decision was handed down, and
25 the Legislature demonstrated this year that
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1 even under the current system, in the wake of
2 the Silver v. Pataki decision, we can get our
3 job done, we can pass an on-time budget.
4 This resolution provides for a
5 contingency budget, changes the budget process
6 in several ways that I feel actually would be
7 a detriment to moving forward as we all want
8 to in this house to pass budgets as quickly as
9 possible every year and to replicate our
10 success this year.
11 It might be one thing if we only
12 had one option to change the budget process,
13 but there is a far superior bill on the
14 calendar today, a far superior resolution on
15 the calendar today, Senate 3195, that has
16 already passed the Assembly, that surgically
17 addresses the issues raised in the Silver v.
18 Pataki decision, that changes the most
19 offensive part of that decision, from my point
20 of view as a legislator, which is allowing the
21 Governor to avoid his responsibility to change
22 the law through independent pieces of
23 legislation and to put language that changes
24 the law into appropriations.
25 This current resolution I think
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1 monkeys with the process in a way that is not
2 necessarily productive. There's a big
3 downside to a contingency budget. It gives
4 the power of delay to whichever house,
5 whichever party to the negotiations wants to
6 delay. And I think it would be a mistake to
7 pass it given the history of the last year,
8 given the Silver v. Pataki decision, and given
9 the fact that we now have a far better bill
10 before us.
11 So I'm going to vote no on this
12 bill and encourage everyone to vote yes on the
13 next bill, Senate 3195. I think that that
14 legislation, if you examine it, is the
15 surgical strike to deal with the balance of
16 power issues raised in Silver v. Pataki. This
17 bill changes things that don't necessarily
18 solve the problem and could in fact make it
19 far worse.
20 Thank you, Mr. President.
21 ACTING PRESIDENT MEIER: Senator
22 Bruno, to close.
23 SENATOR BRUNO: Mr. President --
24 and thank you, Senator Schneiderman.
25 We gave first passage to this
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1 budget reform. And second passage allows this
2 issue to go before the public in a referendum
3 in November. That's what it does.
4 The Assembly passed this, I
5 believe, in January. So all we're talking
6 about here is second passage, take a
7 referendum and let the people decide whether
8 or not they want this form of budget reform
9 put in place so that we will have a budget on
10 a date certain.
11 This year we did some extraordinary
12 things. There's no assurance we'll be able to
13 do those same extraordinary things next year.
14 This, with public approval, gives us some
15 assurances.
16 So I would encourage my colleagues
17 to vote for second passage and give the
18 constituency of this state an opportunity to
19 vote on true reform, budget reform.
20 ACTING PRESIDENT MEIER: On the
21 concurrent resolution, the Secretary will call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MEIER: Senator
25 Oppenheimer, to explain her vote.
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1 SENATOR OPPENHEIMER: Yes. I'm
2 going to be voting for this, because I was on
3 the budget reform conference committee that
4 proposed this. And I feel that it is
5 something that should be supported.
6 But I have to put a big "but" in
7 here. If we are not going to override in the
8 long run the Governor's veto of the
9 implementing legislation, I see no value in
10 going to the hard work that we all are going
11 to do to try and pass this constitutional
12 amendment.
13 So I think -- I think I would have
14 to feel -- I mean, I am going to vote for it.
15 But I would feel so much more comfortable if I
16 knew that we were going to stand together and
17 override the Governor's veto of the
18 implementing legislation, which in a way is
19 absolutely required for Section 1 through 35
20 and also Section 38. So that's useless if we
21 don't have the override.
22 I'm voting yes.
23 ACTING PRESIDENT MEIER: Senator
24 Oppenheimer will be recorded in the
25 affirmative.
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1 Senator Volker, to explain his
2 vote.
3 SENATOR VOLKER: Mr. President,
4 I -- you know, one of the Governor's people I
5 ran into this morning said: "Don't hurt us
6 too bad." I said, "Well, I'm not going to
7 hurt you bad at all."
8 I understand, by the way, if I'm
9 even thinking about being Governor, I would
10 oppose this. That's why I think the Attorney
11 General doesn't like this.
12 But, ladies and gentlemen of the
13 Senate, a main reason why we have been late
14 for 20 years has to do with the total erosion
15 by the Court of Appeals of this house's power
16 to deal with budgets.
17 This is not an issue, by the way, a
18 Republican and Democrat issue. This is an
19 issue that involves the right of the people of
20 this state to make a decision on whether we
21 should be able to run a democratically -- and
22 by democratic, I'm talking about a democracy
23 type of system.
24 This is what this is all about.
25 When it goes on the ballot, we should be out
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1 there making sure that the people understand
2 that when they vote for us, that they are
3 voting for us to handle the budget in an equal
4 manner. And that's what this is really all
5 about.
6 So not only am I voting yes, I'm
7 urging all my colleagues to look at this as
8 something that is important for all of us as
9 democratically elected legislators.
10 ACTING PRESIDENT MEIER: Senator
11 Volker will be recorded in the affirmative.
12 Senator Bonacic, to explain his
13 vote.
14 SENATOR BONACIC: Thank you, Mr.
15 President.
16 I'm voting yes on this
17 constitutional change. I'm very disappointed
18 for any member in this chamber who's voting
19 no, considering how most of the members voted
20 on the first constitutional passage. I think
21 it was unanimous.
22 What has happened between the first
23 vote and now? I think the mandate that we all
24 heard in the last election was loud and clear.
25 It was bipartisan. From Democratic
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1 constituents, Republican constituents, and
2 everybody in between: We're sick and tired of
3 late budgets.
4 This constitutional amendment is a
5 statutory trigger that will automatically
6 mandate timely budgets. And for anyone that
7 votes no on this resolution is saying to the
8 public: We really don't want timely budgets
9 and, number two, we don't even want to hear
10 your vote on a referendum in November of
11 whether or not you want timely budgets.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MEIER: Senator
14 Bonacic will be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 597 are
18 Senators Breslin, Duane, Gonzalez,
19 Hassell-Thompson, L. Krueger, Montgomery,
20 Parker, Savino, Schneiderman, Serrano,
21 A. Smith and Stavisky.
22 Ayes, 47. Nays, 12.
23 Absent from voting on Calendar
24 Number 597, Senator Connor.
25 ACTING PRESIDENT MEIER: The
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1 concurrent resolution is adopted.
2 THE SECRETARY: Calendar Number
3 609, by Senator Spano, Senate Print 3195,
4 Concurrent Resolution of the Senate and
5 Assembly proposing amendments to Article VII
6 of the Constitution.
7 ACTING PRESIDENT MEIER: Senator
8 Schneiderman.
9 SENATOR SCHNEIDERMAN: I would
10 like to quote the words of the great Ron
11 Stafford: This is a good bill.
12 Thank you, Mr. President.
13 (Laughter.)
14 ACTING PRESIDENT MEIER: Senator,
15 Senator Stafford would have called it a
16 resolution, but it was close enough.
17 (Laughter.)
18 ACTING PRESIDENT MEIER: Senator
19 Liz Krueger.
20 SENATOR LIZ KRUEGER: Thank you,
21 Mr. President. On the bill.
22 Excuse me, on the resolution.
23 Thank you, Senator Gonzalez.
24 So we do have two before us today,
25 and I'd like to start with my support for this
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1 bill by pointing out where I disagree with my
2 colleague Senator Bonacic.
3 Why could we not vote for S1 this
4 year when we voted for it last year? And I
5 think the answer is that because some things
6 have changed. In fact, since then we have had
7 a legal decision, Silver v. Pataki, through
8 the Court of Appeals, which clarified the role
9 of the Governor and the Legislature in the
10 budget.
11 And I think institutionally for the
12 Legislature, both parties, both houses, we
13 didn't like that decision. But it did clarify
14 some of the debates within the existing
15 constitution and the fight at hand between
16 what we can do to reform the budget.
17 I also think that Senator Bonacic
18 is right; we have heard from voters. They
19 demand better of us. They want on-time
20 budgets. They want good budgets. They want
21 reform in Albany. And I would like to give
22 them all of that.
23 But I think it is reasonable to say
24 that in a year since we had the budget
25 conference committee, and we passed S1
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1 originally in both houses, that we have become
2 more educated about what we can and cannot do
3 with reforming the budget in a way that meets
4 our obligations to our voters.
5 And so I'm perfectly comfortable
6 standing here today saying that while I voted
7 for S1 last year, I realized during that time,
8 because it was open to sunshine and public
9 discussion, and we've heard from our
10 constituents, we've heard from the Court of
11 Appeals, we've heard from newspapers and
12 editorial boards, we've had open
13 discussions -- at least I have, with public
14 forums in my own district about what our
15 constituents or my constituents want -- that
16 it's okay to say that that was a try but
17 perhaps not the best we could do.
18 And that in fact I also believe
19 that the bill we're now discussing, A4630,
20 Silver, and 3195 here in the Senate, is a
21 better attempt.
22 And you are right when you point
23 out, and I think Senator Bruno did, that S1
24 would go to the voters this November and this
25 constitutional amendment couldn't possibly go
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1 to the voters until as early as 2007.
2 I do think it's important to get it
3 right when you're changing the Constitution of
4 the State of New York and just not say it was
5 the best you could do at one moment in time.
6 Although I do believe this will go, this will
7 pass -- excuse me, S1 passed, and it will go
8 to a referendum of the voters this year, and
9 we'll see, we'll see whether the voters say
10 this was good enough for us.
11 But I see no problem with our
12 reflecting back that maybe it wasn't good
13 enough, that maybe this version is better. I
14 have real concerns about the contingency
15 budget model in S1, as I did last year, even
16 though I voted for the bill and raised
17 concerns about the bill last year.
18 I would argue that this bill also
19 doesn't complete the task of reforming the
20 budget process. And I wish that the bill
21 we're now discussing also included, in
22 addition to the improved changes for the
23 constitution, I wish that this bill included a
24 requirement that budget bills be on our desks
25 at least 10 days before we pass them.
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1 Because, let's face it, it is the
2 most important bill or group of bills we pass
3 each year, and there should be a healthy
4 amount of time for the public and for
5 legislators to know what are in those bills
6 before we vote on them.
7 I wish that this bill did include a
8 structure for an independent budget office,
9 because I do think that is an important entity
10 for us to create in the state that assure that
11 we actually have valid, nonpolitically-biased
12 numbers on revenue coming into the State of
13 New York each year.
14 I do wish that we had more detail
15 in this bill about the necessity to itemize
16 and detail the appropriations items in the
17 budget in simple English language.
18 I do wish that this constitutional
19 amendment required that we follow standardized
20 government accounting procedures. It is
21 infuriating, as a resident of New York City,
22 that I know that my city budget must follow
23 standard accounting procedures, on orders from
24 the State of New York, but that the state's
25 own budget doesn't have to follow those rules.
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1 I think that's an appropriate issue for a
2 constitutional amendment.
3 I wish that we had standing budget
4 committees on an ongoing, formal way with
5 conference committees. Not because it was a
6 popular idea this year and so we did them but
7 no guarantee we'll continue to do them.
8 I wish that we had to itemize out,
9 under the constitution, reappropriations and
10 off-budget items so that we had a full and
11 clear understanding, and our constituents did,
12 of all the dollars in the budget.
13 So even the bill I'm about to
14 support I don't believe is a perfect bill. I
15 actually think we could do even better as we
16 move forward.
17 So I will be voting for this bill
18 today. I hope my colleagues will. And I
19 think that technically our constituents may
20 have two bites at the apple when it comes to
21 referendum votes over the next few years. And
22 that the time in between will give us an
23 opportunity to better explain to the people of
24 New York what goes into and makes a good
25 budget, not just an on-time budget, and that
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1 we have a lot of lifting to do to explain to
2 constituents the technical differences between
3 differing constitutional amendment proposals.
4 So I will be voting yes.
5 Thank you very much, Mr. President.
6 ACTING PRESIDENT MEIER: Does any
7 other Senator wish to be heard on the
8 resolution?
9 Then the debate is closed.
10 Senators are asked to be in their
11 seats for a vote.
12 The Secretary will ring the bell.
13 On the concurrent resolution, the
14 Secretary will call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT MEIER: The
18 concurrent resolution is adopted.
19 Senator Bruno, that completes the
20 controversial reading of the calendar.
21 Senator Bruno.
22 SENATOR BRUNO: Mr. President, I
23 would suggest that we stand in recess in the
24 Senate for 20 minutes and return at twenty
25 after 1:00, back in session, and would ask our
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1 conference to join in our conference room
2 immediately upon recess.
3 And would suggest we recognize
4 Senator Gonzalez.
5 ACTING PRESIDENT MEIER: Senator
6 Gonzalez.
7 SENATOR GONZALEZ: Mr. President,
8 there will be an immediate meeting of the
9 Minority Conference in Room 314.
10 ACTING PRESIDENT MEIER:
11 Immediate meeting of the Majority in the
12 Majority Conference Room.
13 Immediate meeting of the Minority
14 in the Minority Conference Room.
15 The Senate stands in recess until
16 1:20 p.m.
17 (Whereupon, the Senate stood in
18 recess at 1:00 p.m.)
19 (Whereupon, the Senate reconvened
20 at 2:31 p.m.)
21 SENATOR SKELOS: Mr. President.
22 ACTING PRESIDENT ROBACH: Senator
23 Skelos.
24 SENATOR SKELOS: Mr. President,
25 if we could return to motions and resolutions,
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1 I believe Senator Libous has a motion to make.
2 ACTING PRESIDENT ROBACH: Senator
3 Libous.
4 SENATOR LIBOUS: Thank you, Mr.
5 President.
6 Mr. President, on behalf of Senator
7 Spano, I wish to call up his bill, Senate
8 Print 3195, which is now at the desk.
9 ACTING PRESIDENT ROBACH: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 609, by Senator Spano, Senate Print 3195,
13 Concurrent Resolution of the Senate and
14 Assembly.
15 SENATOR LIBOUS: Mr. President, I
16 now move to reconsider the vote by which this
17 bill was passed and ask that the said bill be
18 restored to its place on the Third Reading
19 Calendar.
20 ACTING PRESIDENT ROBACH: The
21 Secretary will call the roll on
22 reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT ROBACH: Senator
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1 Libous.
2 SENATOR LIBOUS: Mr. President, I
3 move to discharge this bill from the Committee
4 on Finance, Assembly Print Number 4630, and
5 substitute it for the identical bill.
6 ACTING PRESIDENT ROBACH:
7 Substitution ordered.
8 SENATOR LIBOUS: I now move that
9 the bill be restored to the Third Reading
10 Calendar.
11 ACTING PRESIDENT ROBACH: So
12 ordered.
13 The Secretary will read Calendar
14 609.
15 THE SECRETARY: Calendar Number
16 609, by Member of the Assembly Silver,
17 Assembly Print Number 4630, Concurrent
18 Resolution of the Senate and Assembly.
19 ACTING PRESIDENT ROBACH: Call
20 the roll on the resolution.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT ROBACH: The
24 resolution is adopted.
25 Senator Skelos.
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1 SENATOR SKELOS: Mr. President, I
2 believe there's a resolution at the desk by
3 Senator Leibell. I ask that the title be read
4 and move for its immediate adoption.
5 ACTING PRESIDENT ROBACH: The
6 Secretary will read.
7 THE SECRETARY: By Senator
8 Leibell, Legislative Resolution Number 1695,
9 honoring Joel Seligman upon being named the
10 Mount Kisco Chamber of Commerce's 2005 Citizen
11 of the Year.
12 ACTING PRESIDENT ROBACH: All
13 those in favor of the resolution signify by
14 saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT ROBACH:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT ROBACH: The
20 resolution is adopted.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 there being no further business to come before
24 the Senate, I move we stand adjourned until
25 Monday, May 9th, at 3:00 p.m., intervening
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1 days being legislative days.
2 ACTING PRESIDENT ROBACH: On
3 motion, the Senate stands adjourned until
4 Monday, May 9th, 3:00 p.m., intervening days
5 being legislative days.
6 (Whereupon, at 2:34 p.m., the
7 Senate adjourned.)
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