March 31 2008

Top of Form 1
Date: 03/31/2008
Session: Regular
943
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 March 31, 2008
11 3:07 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.

(518) 371-8910
944
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and repeat with me the Pledge of Allegiance to
6 our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: For
10 today's invocation we have with us Father
11 Peter Young, of the Mother Theresa Community.
12 Father.
13 REVEREND YOUNG: Thank you,
14 Senator. Let us pray.
15 In New York City, at George
16 Washington's inauguration as President, he
17 placed his hand on the Bible on April 30,
18 1789, to serve with integrity his nation.
19 Our Senators are likewise called to
20 leadership as Your elected and dedicated
21 public servants. We bless them in Your name
22 so that they can carry out this most important
23 work in the closing of the budget hours for
24 all of our citizens in New York State.
25 Amen.
(518) 371-8910
945
2 reading of the Journal.
3 THE SECRETARY: In Senate,
4 Sunday, March 30, the Senate met pursuant to
5 adjournment. The Journal of Saturday,
6 March 29, was read and approved. On motion,
7 Senate adjourned.
8 ACTING PRESIDENT GRIFFO: Without
9 objection, the Journal stands approved as
10 read.
11 Presentation of petitions.
12 Messages from the Assembly.
13 Messages from the Governor.
14 Reports of standing committees.
15 Reports of select committees.
16 Communications and reports from
17 state officers.
18 Motions and resolutions.
19 Senator Young.
20 SENATOR YOUNG: Thank you,
21 Mr. President.
22 On page 39 I offer the following
23 amendments to Calendar Number 600, Senate
24 Print Number 4660, and ask that the bill will
25 retain its place on the Third Reading

(518) 371-8910
946
1 Calendar. Thank you.

2 ACTING PRESIDENT GRIFFO: Thank
3 you, Senator Young. The amendments are
4 received and adopted, and the bill will retain
5 its place on the Third Reading Calendar.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 there will be an immediate meeting of the
9 Finance Committee in the Majority Conference
10 Room.
11 ACTING PRESIDENT GRIFFO: There
12 will be an immediate meeting of the Finance
13 Committee in the Majority Conference Room.
14 The Senate stands at ease.
15 (Whereupon, the Senate stood at
16 ease at 3:10 p.m.)
17 (Whereupon, the Senate reconvened
18 at 3:16 p.m.)
21 Senator Skelos.
23 if we could go to the noncontroversial reading
24 of the calendar.

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947
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 286, by Senator Larkin, Senate Print 1882, an
4 act to amend the Racing, Pari-Mutuel Wagering

5 and Breeding Law, in relation to free passes,
6 cards or badges.
7 ACTING PRESIDENT GRIFFO: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 54. Nays,
15 1. Senator Maziarz recorded in the negative.
17 bill is passed.
19 323, by Senator Skelos, Senate Print 6687C, an
20 act to amend the Civil Practice Law and Rules,
21 in relation to enforceability.
23 the last section.

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948
2 the roll.
4 THE SECRETARY: Ayes, 55.
6 bill is passed.

8 333, by Senator Bruno, Senate Print 6383, an
9 act authorizing the reinstatement of Eric M.
10 Jukes.
12 is a home-rule message at the desk.
13 Read the last section.
17 the roll.
21 bill is passed.
23 420, by Senator LaValle, Senate Print 2949A,
24 an act to amend the Penal Law, in relation to
25 enhancing penalties.

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949
2 the last section.
4 act shall take effect on the first of
5 November.
7 the roll.
9 THE SECRETARY: Those recorded in
10 the negative on Calendar Number 420 are

11 Senators Adams, Montgomery and Perkins.
12 Ayes, 54. Nays, 3.
14 bill is passed.
16 464, by Senator Little, Senate Print 6969, an
17 act to amend Chapter 719 of the Laws of 1980
18 amending the Local Finance Law.
24 the roll.

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950
3 bill is passed.
5 465, by Senator Maltese, Senate Print 303, an
6 act to amend the Election Law, in relation to
7 military voters.
9 the last section.
13 the roll.
17 bill is passed.
19 476, by Senator Fuschillo, Senate Print 1531,
20 an act to amend the Real Property Law, in
21 relation to prohibiting sex offenders.

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951
2 the roll.
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 476 are
6 Senators Adams, Duane, Hassell-Thompson,
7 Montgomery, Perkins and Serrano.
8 Ayes, 51. Nays, 6.
10 bill is passed.
12 483, by Senator Volker, Senate Print 4874, an
13 act to amend the Real Property Law, in
14 relation to recording.

18 act shall take effect on the first of January
19 next succeeding.
21 the roll.
25 bill is passed.

(518) 371-8910
952
2 523, by Senator Larkin, Senate Print 6929, an
3 act to amend the Highway Law, in relation to
4 designating a certain portion of State Route
5 32 in the counties of Ulster and Orange.
7 the last section.
11 the roll.
15 bill is passed.
18 act making certain findings and determinations
19 relating to bond anticipation notes.

21 is a home-rule message at the desk.

(518) 371-8910
953
1 the roll.
5 bill is passed.
7 617, by Senator Lanza, Senate Print 6851, an
8 act to amend Chapter 759 of the Laws of 1973
9 relating to the transfer of lands.
15 the roll.
19 bill is passed.
22 act in relation to authorizing the

23 distribution of certain amounts to counties
24 and cities.

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954
1 the last section.
5 the roll.
9 bill is passed.
10 Senator Skelos, that completes the
11 noncontroversial reading of the calendar.
12 SENATOR SKELOS: Thank you,
13 Mr. President.
14 If we could return to reports of
15 standing committees for the report of the
16 Finance Committee.
17 ACTING PRESIDENT GRIFFO: Reports
18 of standing committees.
19 The Secretary will read the report
20 of the Finance Committee.
21 THE SECRETARY: Senator O.
22 Johnson, from the Committee on Finance,
23 reports the following bills direct to third
24 reading:
25 Senate Print 7323, by the Senate

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955
1 Committee on Rules, an act to provide for the
2 administration of certain funds and accounts;
3 And Senate Print 7324, by the
4 Senate Committee on Rules, an act making
5 appropriations for the support of government.
6 Both bills ordered direct to third
7 reading.
8 ACTING PRESIDENT GRIFFO: Both
9 bills are reported direct to third reading.
10 Senator Skelos.
12 if we could just stand at ease. We're waiting
13 for messages on those two bills.
15 Senate will stand at ease.
17 ease at 3:24 p.m.)
19 at 4:00 p.m.)
22 Senator Skelos.
24 the Senate will stand in recess until
25 7:30 p.m.

(518) 371-8910
956

2 Senate will stand in recess until 7:30 p.m.
4 ease at 4:01 p.m.)
6 at 7:37 p.m.)
7 ACTING PRESIDENT GRIFFO: Senate
8 is in session.
9 Senator Skelos.
11 earlier this evening I believe we accepted the
12 report of the Finance Committee.
13 So at this time if we could take up
14 Calendar Number 670, Senate 7323,
15 noncontroversial.
18 THE SECRETARY: In relation to
19 Calendar Number 670, Senator O. Johnson moves
20 to discharge, from the Committee on Finance,
21 Assembly Bill Number 10418 and substitute it
22 for the identical Senate Bill Number 7323,
23 Third Reading Calendar 670.
24 ACTING PRESIDENT GRIFFO:
25 Substitution ordered.

(518) 371-8910
957
1 The Secretary will read.
3 670, by the Assembly Committee on Rules,
4 Assembly Print Number 10418, an act to provide

5 for the administration of certain funds and
6 accounts.
7 ACTING PRESIDENT GRIFFO: Senator
8 Skelos.
10 is there a message of necessity at the desk?
12 is, Senator Skelos.
13 SENATOR SKELOS: Move to accept
14 the message.
15 ACTING PRESIDENT GRIFFO: All in
16 favor of accepting the message of necessity
17 signify by saying aye.
18 (Response of "Aye.")
20 Opposed, nay.
21 (No response.)
23 message is accepted.

(518) 371-8910
958
3 the roll.
7 bill is passed.
8 Senator Skelos.
10 at this time if we could take up Calendar
11 Number 671, Senate 7324.
14 THE SECRETARY: In relation to
15 Calendar Number 671, Senator O. Johnson moves
16 to discharge, from the Committee on Finance,
17 Assembly Bill Number 10419 and substitute it
18 for the identical Senate Bill Number 7324,
19 Third Reading Calendar 671.
21 Substitution ordered.
24 671, by the Assembly Committee on Rules,
25 Assembly Print Number 10419, an act making

(518) 371-8910
959
1 appropriations for the support of government.
3 Skelos.
4 SENATOR SKELOS: Is there a
5 message of necessity and appropriation at the
6 desk?
7 ACTING PRESIDENT GRIFFO: Yes,
8 Senator Skelos, there is.
9 SENATOR SKELOS: Move to accept.

12 and appropriation signify by saying aye.
15 Opposed, nay.
16 (No response.)
18 message of necessity and appropriation is
19 accepted.
24 the roll.

(518) 371-8910
960
3 bill is passed.
4 Senator Skelos.
6 if we could return to the order of motions and
7 resolutions and please recognize Senator
8 Little.
9 ACTING PRESIDENT GRIFFO: Motions
10 and resolutions.
11 Senator Little.
12 SENATOR LITTLE: Thank you,
13 Mr. President.
14 On page 26 I offer the following
15 amendments to Calendar Number 372, Senate
16 Print Number 6281B, and on behalf of Senator
17 Lanza ask that that said bill retain its place
18 on the Third Reading Calendar.
20 amendments are received and adopted, and the
21 bill will retain its place on the Third
22 Reading Calendar.
23 Senator Little.
24 SENATOR LITTLE: Thank you,
25 Mr. President.

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1 Also on behalf of Senator Lanza, I
2 wish to call up his bill Senate Print Number
3 7162, recalled from the Assembly, which is now
4 at the desk.
6 Secretary will read the title.
8 589, by Senator Lanza, Senate Print 7162, an
9 act to amend the Civil Service Law.
11 Little.
12 SENATOR LITTLE: Mr. President, I
13 now move to reconsider the vote by which this
14 bill was passed and ask that the bill be
15 restored to the order of third reading.

17 Secretary will call the roll on
18 reconsideration.
22 bill is restored to its place on the Third
23 Reading Calendar.
24 Senator Little.
25 SENATOR LITTLE: Mr. President, I

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962
1 now move to discharge, from the Committee on
2 Finance, Assembly Print Number 10270 and
3 substitute it for his identical bill.
4 The Senate bill on first passage
5 was voted unanimously, and I now move that the
6 substituted Assembly bill have its third
7 reading at this time.
8 ACTING PRESIDENT GRIFFO: So
9 ordered.
12 589, by Member of the Assembly Abbate,
13 Assembly Print Number 10270, an act to amend
14 the Civil Service Law.
16 Skelos.
18 is there a message of appropriation at the
19 desk?
20 ACTING PRESIDENT GRIFFO: Yes,
21 Senator Skelos, there is a message of
22 appropriation at the desk.
23 SENATOR SKELOS: Move to accept,
24 please.

(518) 371-8910
963
1 favor of accepting the message of
2 appropriation signify by saying aye.
5 Opposed, nay.
6 (No response.)
9 The Secretary will read the last
10 section.
14 the roll.
18 bill is passed.
19 Senator Skelos.
21 if we could stand at ease at this time.

23 Senate will stand at ease.
25 ease at 7:43 p.m.)

(518) 371-8910
964
3 Senator Skelos.
5 there will be an immediate meeting of the
7 Room.
9 will be an immediate meeting of the Senate
11 Room.
12 The Senate will continue to stand
13 at ease.
15 at 9:35 p.m.)
18 Senator Skelos.
20 if we could return to reports of standing
21 committees for the report of the Finance
22 Committee.
23 ACTING PRESIDENT GRIFFO: Reports
24 of standing committees.
25 The Secretary will read the report

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965
1 of the Finance Committee.
2 THE SECRETARY: Senator O.
3 Johnson, from the Committee on Finance,
4 reports the following bill direct to third
5 reading:
6 Senate Print 6804D, an act making
7 appropriations for the support of government:
8 Health and Mental Hygiene Budget.
9 ACTING PRESIDENT GRIFFO: Without
10 objection, the bill is reported to third
11 reading.
12 Senator Skelos.
14 at this time if we could take up Calendar 678,
15 Senate Print 6804D.
19 678, Senate Budget Bill, Senate Print 6804D,
20 an act making appropriations for the support
21 of government: Health and Mental Hygiene
22 Budget.
24 Skelos.

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966
1 is there a message of necessity at the desk?

3 is a message of necessity at the desk.
4 SENATOR SKELOS: Move to accept,
5 please.
8 signify by saying aye.
11 Opposed, nay.
12 (No response.)
19 the roll.
23 bill is passed.
24 Senator Skelos.

(518) 371-8910
967
1 is there any further business at the desk?
3 is no further business at the desk.
4 SENATOR SKELOS: We'll be

5 adjourning at the call of the Majority Leader.
6 So for members of the Majority, as
7 of right now there will not be a conference at
8 10:30.
9 There being no further business to
10 come before the Senate, I move we stand
11 adjourned until Tuesday, the first of April,
12 at the call of the Majority Leader.
13 ACTING PRESIDENT GRIFFO: On
14 motion, the Senate stands adjourned, at the
15 call of the Majority Leader, until Tuesday,
16 April 1st.
17 (Whereupon, at 9:37 p.m., the
18 Senate adjourned.)
19
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21
22
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March 31 2008

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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 March 31, 2008

18 SENATOR JOSEPH A. GRIFFO, Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 ACTING PRESIDENT GRIFFO: The

3 Senate will come to order.

4 I ask all present to please rise

5 and repeat with me the Pledge of Allegiance to

7 (Whereupon, the assemblage recited

8 the Pledge of Allegiance to the Flag.)

9 ACTING PRESIDENT GRIFFO: For

10 today's invocation we have with us Father

11 Peter Young, of the Mother Theresa Community.

13 REVEREND YOUNG: Thank you,

14 Senator. Let us pray.

15 In New York City, at George

16 Washington's inauguration as President, he

17 placed his hand on the Bible on April 30,

18 1789, to serve with integrity his nation.

19 Our Senators are likewise called to

20 leadership as Your elected and dedicated

21 public servants. We bless them in Your name

22 so that they can carry out this most important

23 work in the closing of the budget hours for

24 all of our citizens in New York State.

1 ACTING PRESIDENT GRIFFO: The

2 reading of the Journal.

3 THE SECRETARY: In Senate,

4 Sunday, March 30, the Senate met pursuant to

5 adjournment. The Journal of Saturday,

6 March 29, was read and approved. On motion,

8 ACTING PRESIDENT GRIFFO: Without

9 objection, the Journal stands approved as

12 Messages from the Assembly.

13 Messages from the Governor.

14 Reports of standing committees.

15 Reports of select committees.

16 Communications and reports from

18 Motions and resolutions.

20 SENATOR YOUNG: Thank you,

22 On page 39 I offer the following

23 amendments to Calendar Number 600, Senate

24 Print Number 4660, and ask that the bill will

25 retain its place on the Third Reading

Candyco Transcription Service, Inc.

1 Calendar. Thank you.

3 you, Senator Young. The amendments are

4 received and adopted, and the bill will retain

5 its place on the Third Reading Calendar.

7 SENATOR SKELOS: Mr. President,

8 there will be an immediate meeting of the

9 Finance Committee in the Majority Conference

11 ACTING PRESIDENT GRIFFO: There

12 will be an immediate meeting of the Finance

13 Committee in the Majority Conference Room.

14 The Senate stands at ease.

15 (Whereupon, the Senate stood at

16 ease at 3:10 p.m.)

17 (Whereupon, the Senate reconvened