Regular Session - March 19, 2007

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 19, 2007

        11                       3:55 p.m.

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        13

        14                    REGULAR SESSION

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        16

        17

        18  SENATOR JOSEPH A. GRIFFO, Acting President

        19  STEVEN M. BOGGESS, Secretary

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         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 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                  ACTING PRESIDENT GRIFFO:    In the

        10       absence of clergy, I ask that all bow in a

        11       moment of silent prayer.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT GRIFFO:    The

        15       reading of the Journal.

        16                  THE SECRETARY:    In Senate,

        17       Sunday, March 18, the Senate met pursuant to

        18       adjournment.  The Journal of Saturday,

        19       March 17, was read and approved.  On motion,

        20       Senate adjourned.

        21                  ACTING PRESIDENT GRIFFO:    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:    Mr. President,

         9       there's a privileged resolution at the desk by

        10       Senator Bruno.  Could we have the title read

        11       and move for its immediate adoption.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       Secretary will read.

        14                  THE SECRETARY:    By Senator Bruno,

        15       Legislative Resolution Number 1031,

        16       commemorating Good Joes Day, 2007.

        17                  ACTING PRESIDENT GRIFFO:    On the

        18       resolution, all in favor.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT GRIFFO:

        21       Opposed.

        22                  (No response.)

        23                  ACTING PRESIDENT GRIFFO:    The

        24       resolution is adopted.

        25                  Senator Fuschillo.


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         1                  SENATOR FUSCHILLO:    Thank you,

         2       Mr. President.

         3                  On page number 12 I offer the

         4       following amendments to Calendar Number 136,

         5       Senate Print Number 2360, and ask that said

         6       bill retain its place on Third Reading

         7       Calendar.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       amendments are received and adopted, and the

        10       bill will retain its place on the Third

        11       Reading Calendar.

        12                  SENATOR FUSCHILLO:    Mr.

        13       President, on behalf of Senator Little, I move

        14       that the following bill be discharged from its

        15       respective committee and be recommitted with

        16       instructions to strike the enacting clause:

        17       Senate Print Number 1250.

        18                  ACTING PRESIDENT GRIFFO:    So

        19       ordered.

        20                  SENATOR FUSCHILLO:    Thank you.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Skelos.

        23                  SENATOR SKELOS:    Mr. President,

        24       if we could go to the noncontroversial reading

        25       of the calendar.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Secretary will read.

         3                  THE SECRETARY:    Calendar Number

         4       18, by Senator Maziarz, Senate Print 42A, an

         5       act to amend the Penal Law, in relation to

         6       increased penalties.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 5.  This

        10       act shall take effect on the first of

        11       November.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 51.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       55, by Senator Skelos --

        20                  SENATOR SKELOS:    Lay it aside

        21       temporarily, please.

        22                  ACTING PRESIDENT GRIFFO:    Lay it

        23       aside temporarily.

        24                  THE SECRETARY:    Calendar Number

        25       161, by Senator Little, Senate Print 1116B, an


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         1       act to amend the Penal Law, in relation to

         2       providing.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the first of

         7       November.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 51.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       198, by Senator Volker, Senate Print 2370, an

        16       act to amend the Criminal Procedure Law, in

        17       relation to appeals.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Those recorded in


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         1       the negative on Calendar Number 198 are

         2       Senators Duane and Perkins.

         3                  Ayes, 53.  Nays, 2.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       206, by Senator Young, Senate Print 402, an

         8       act to amend the Vehicle and Traffic Law, in

         9       relation to designating death investigation

        10       vehicles.

        11                  ACTING PRESIDENT GRIFFO:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT GRIFFO:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 55.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       207, by Senator Marcellino, Senate Print 617,

        23       an act to amend the Vehicle and Traffic Law,

        24       in relation to increasing the parameters.

        25                  ACTING PRESIDENT GRIFFO:    Read


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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the first of

         4       November.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 54.  Nays,

         9       1.  Senator Montgomery recorded in the

        10       negative.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       212, by Senator Nozzolio, Senate Print 2079,

        15       an act to amend the Highway Law, in relation

        16       to designating a portion of the state highway

        17       system.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 3.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 55.


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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       215, by Senator Robach, Senate Print 2983, an

         5       act to amend the Retirement and Social

         6       Security Law, in relation to providing credit.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  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, 56.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       231, by Senator Farley, Senate Print 2746, an

        19       act to amend the Banking Law, in relation to

        20       unauthorized entities.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 5.  This

        24       act shall take effect on the 30th day.

        25                  ACTING PRESIDENT GRIFFO:    Call


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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 56.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       250, by Senator LaValle, Senate Print 2791, an

         8       act to amend the Education Law, in relation to

         9       establishing.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 56.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       262, by Senator Rath, Senate Print 2326, an

        22       act to amend the Real Property Tax Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This


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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 57.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  SENATOR SKELOS:    Mr. President.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Skelos.

        11                  SENATOR SKELOS:    Yes, Calendar

        12       Number 55 was laid aside temporarily.  If we

        13       could bring it up at this time.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       55, by Senator Skelos, Senate Print 640, an

        18       act to amend the Penal Law, in relation to

        19       possession.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the first of

        24       November.

        25                  ACTING PRESIDENT GRIFFO:    Call


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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  SENATOR MONTGOMERY:    To explain

         4       my vote, Mr. President.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Montgomery, to explain her vote.

         7                  SENATOR MONTGOMERY:    Yes,

         8       Mr. President.  I have traditionally -- or at

         9       least I have, in the past, voted no on this

        10       legislation.

        11                  And the question and concern that I

        12       have is that we are passing a bill which would

        13       create a criminal penalty for possession of a

        14       so-called disguised knife, but we don't

        15       include in this legislation the sale of these

        16       items.

        17                  Now, interestingly enough, the

        18       sponsor indicates that these items are sold to

        19       youth and adults.  So if that is the case and

        20       we are concerned about it, why don't we punish

        21       the people who sell them along with the people

        22       who buy them?

        23                  So I think that this just does not

        24       go far enough.  And if we want to remove these

        25       items from possession by young people and/or


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         1       adults, we should also punish the people who

         2       sell them.

         3                  So I'm going to continue to oppose

         4       this legislation.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Montgomery recorded in the negative.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 55 are

         9       Senators Duane, Maziarz, Montgomery, Perkins,

        10       Serrano and Young.

        11                  Ayes, 54.  Nays, 6.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  Senator Skelos.

        15                  SENATOR SKELOS:    Mr. President.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Skelos.

        18                  SENATOR SKELOS:    Is there any

        19       further business at the desk?

        20                  ACTING PRESIDENT GRIFFO:    There

        21       is no further business at the desk.

        22                  SENATOR SKELOS:    There being

        23       none, I move we stand adjourned until Tuesday,

        24       March 20th, at 3:00 p.m.

        25                  ACTING PRESIDENT GRIFFO:    On


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         1       motion, the Senate stands adjourned until

         2       Tuesday, March 20th, at 3:00 p.m.

         3                  (Whereupon, at 4:08 p.m., the

         4       Senate adjourned.)

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