Regular Session - March 20, 2007

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

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         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 20, 2007

        11                       3:06 p.m.

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        14                    REGULAR SESSION

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        18  LT. GOVERNOR DAVID A. PATERSON, 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       come to order.

         4                  We would ask all assembled to join

         5       us in reciting 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, we will observe a moment of silence.

        10                  (Whereupon, the assemblage

        11       respected a moment of silence.)

        12                  THE PRESIDENT:    The reading of

        13       the Journal.

        14                  THE SECRETARY:    In Senate,

        15       Monday, March 19, the Senate met pursuant to

        16       adjournment.  The Journal of Sunday, March 18,

        17       was read and approved.  On motion, Senate

        18       adjourned.

        19                  THE PRESIDENT:    Without

        20       objection, the Journal stands approved as

        21       read.

        22                  Presentation of petitions.

        23                  Messages from the Assembly.

        24                  Messages from the Governor.

        25                  Reports of standing committees.


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         1                  Reports of select committees.

         2                  Communications and report from

         3       state officers.

         4                  Motions and resolutions.

         5                  Senator Skelos.

         6                  SENATOR SKELOS:    Mr. President, I

         7       move that we adopt the Resolution Calendar at

         8       this time.

         9                  THE PRESIDENT:    All in favor.

        10                  (Response of "Aye.")

        11                  THE PRESIDENT:    Opposed.

        12                  (No response.)

        13                  THE PRESIDENT:    The Resolution

        14       Calendar is adopted.

        15                  Senator Skelos.

        16                  SENATOR SKELOS:    Mr. President, I

        17       wish to call up Print Numbers 2100B, 2101A,

        18       2102A, 2103B, 2105B, 2106B, 2107B, 2109B, and

        19       2110B, recalled from the Assembly, which are

        20       now at the desk.

        21                  THE PRESIDENT:    There are nine

        22       bills, Senator Skelos.  The Secretary will

        23       read.

        24                  SENATOR SKELOS:    I challenge you

        25       to read all of those numbers back, Mr.


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         1       President.

         2                  (Laughter.)

         3                  THE SECRETARY:    Calendar Number

         4       297, Senate Budget Bill, Senate Print 2100B,

         5       an act making appropriations for the support

         6       of government;

         7                  298, Senate Budget Bill, Senate

         8       Print 2101A, an act making appropriations for

         9       the support of government;

        10                  299, Senate Budget Bill, Senate

        11       Print 2102A, an act making appropriations for

        12       the legal requirements;

        13                  300, Senate Budget Bill, Senate

        14       Print 2103B, an act making appropriations for

        15       the support of government;

        16                  301, Senate Budget Bill, Senate

        17       Print 2105B, an act making appropriations for

        18       the support of government;

        19                  302, Senate Budget Bill, 2106B, an

        20       act to amend the Civil Service Law and the

        21       State Finance Law;

        22                  303, Senate Budget Bill, Senate

        23       Print 2107B, an act to amend the Education

        24       Law;

        25                  304, Senate Budget Bill, 2109B, an


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         1       act to authorize funding;

         2                  And Calendar Number 305, Senate

         3       Budget Bill, Senate Print 2110B, an act to

         4       amend the Tax Law.

         5                  THE PRESIDENT:    Senator Skelos.

         6                  SENATOR SKELOS:    Mr. President, I

         7       now move to reconsider the vote by which these

         8       bills were passed.

         9                  THE PRESIDENT:    The Secretary

        10       will call the roll on reconsideration.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 38.

        13                  SENATOR SKELOS:    Mr. President, I

        14       now move to recommit the bills to the

        15       Committee on Rules.

        16                  THE PRESIDENT:    Without

        17       objection, the bills will be restored to the

        18       Third Reading Calendar.

        19                  SENATOR SKELOS:    Mr. President,

        20       if we could go to the noncontroversial reading

        21       of the calendar.

        22                  THE PRESIDENT:    The recommitment

        23       is so ordered.

        24                  The Secretary will now conduct the

        25       noncontroversial reading of the calendar.


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         1                  THE SECRETARY:    Calendar Number

         2       96, by Senator Saland, Senate Print 1773, an

         3       act to amend the Education Law, in relation to

         4       streamlining.

         5                  THE PRESIDENT:    Read the last

         6       section.

         7                  THE SECRETARY:    Section 28.  This

         8       act shall take effect immediately.

         9                  THE PRESIDENT:    Call the roll.

        10                  (The Secretary called the roll.)

        11                  THE PRESIDENT:    Results.

        12                  THE SECRETARY:    Ayes, 38.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  THE SECRETARY:    Calendar Number

        16       213, by Senator Robach, Senate Print 1710, an

        17       act to amend the Civil Service Law, in

        18       relation to requiring annual reports.

        19                  THE PRESIDENT:    The Secretary

        20       will read the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  THE PRESIDENT:    Call the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 38.


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         1                  THE PRESIDENT:    The bill is

         2       passed.

         3                  THE SECRETARY:    Calendar Number

         4       218, by Senator Skelos, Senate Print 437, an

         5       act to amend the Correction Law, in relation

         6       to the duty of sex offenders.

         7                  THE PRESIDENT:    Read the last

         8       section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  THE PRESIDENT:    Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 38.

        14                  THE PRESIDENT:    The bill is

        15       passed.

        16                  THE SECRETARY:    Calendar Number

        17       238, by Senator Flanagan, Senate Print 841, an

        18       act to amend the Mental Hygiene Law, in

        19       relation to disclosure.

        20                  THE PRESIDENT:    Read the last

        21       section.

        22                  THE SECRETARY:    Section 8.  This

        23       act shall take effect on the 180th day.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)


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         1                  THE PRESIDENT:    The Secretary

         2       will announce the results.

         3                  THE SECRETARY:    Ayes, 38.  Nays,

         4       1.  Senator Duane recorded in the negative.

         5                  THE PRESIDENT:    The bill is

         6       passed.

         7                  THE SECRETARY:    Calendar Number

         8       245, by Senator Young --

         9                  SENATOR SKELOS:    Lay it aside

        10       temporarily, please.

        11                  THE PRESIDENT:    The bill is laid

        12       aside temporarily.

        13                  THE SECRETARY:    Calendar Number

        14       246, by Senator LaValle, Senate Print --

        15                  SENATOR SKELOS:    Please lay it

        16       aside temporarily.

        17                  THE PRESIDENT:    The bill is laid

        18       aside temporarily by the Acting Majority

        19       Leader, Senator Skelos.

        20                  THE SECRETARY:    Calendar Number

        21       254, by Senator Leibell, Senate Print 2391, an

        22       act to amend the Labor Law, in relation to

        23       requiring.

        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 180th day.

         3                  THE PRESIDENT:    Call the roll.

         4                  (The Secretary called the roll.)

         5                  THE PRESIDENT:    Results.

         6                  THE SECRETARY:    Ayes, 40.

         7                  THE PRESIDENT:    The bill is

         8       passed.

         9                  THE SECRETARY:    Calendar Number

        10       289, by Senator Fuschillo, Senate Print 2891,

        11       an act to amend the General Business Law, in

        12       relation to listing.

        13                  THE PRESIDENT:    Read the last

        14       section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the 90th day.

        17                  THE PRESIDENT:    Call the roll.

        18                  (The Secretary called the roll.)

        19                  THE PRESIDENT:    Results.

        20                  THE SECRETARY:    Ayes, 40.

        21                  THE PRESIDENT:    The bill is

        22       passed.

        23                  THE SECRETARY:    Calendar Number

        24       290, by Senator Robach, Senate Print 2978, an

        25       act to amend the Executive Law and the Social


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         1       Services Law, in relation to authorizing.

         2                  THE PRESIDENT:    The Secretary

         3       will please read the last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect immediately.

         6                  THE PRESIDENT:    Call the roll.

         7                  (The Secretary called the roll.)

         8                  THE PRESIDENT:    Results.

         9                  THE SECRETARY:    Ayes, 41.

        10                  THE PRESIDENT:    The bill is

        11       passed.

        12                  This is what is commonly referred

        13       to in literature and culture as a pregnant

        14       pause.

        15                  (Laughter.)

        16                  THE PRESIDENT:    The Secretary

        17       will now read Calendar Number 245.

        18                  THE SECRETARY:    Calendar Number

        19       245, by Senator Young, Senate Print 440, an

        20       act to amend the Education Law, in relation to

        21       requiring disclosure.

        22                  THE PRESIDENT:    Read the last

        23       section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect on the 180th day.


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         1                  THE PRESIDENT:    Call the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 245 are

         5       Senators Duane and Huntley.

         6                  Ayes, 41.  Nays, 2.

         7                  THE PRESIDENT:    The bill is

         8       passed.

         9                  THE SECRETARY:    Calendar Number

        10       246, by Senator LaValle, Senate Print 1244, an

        11       act to amend the Education Law, in relation to

        12       inclusion.

        13                  THE PRESIDENT:    The Secretary

        14       will read the last section.

        15                  THE SECRETARY:    Section 4.  This

        16       act shall take effect immediately.

        17                  THE PRESIDENT:    Call the roll.

        18                  (The Secretary called the roll.)

        19                  THE PRESIDENT:    Results.

        20                  THE SECRETARY:    Ayes, 43.

        21                  THE PRESIDENT:    The bill is

        22       passed.

        23                  That completes the reading of the

        24       calendar, Senator Libous.

        25                  SENATOR LIBOUS:    Mr. President,


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         1       is there any further business at the desk?

         2                  THE PRESIDENT:    No, there is not,

         3       Senator Libous, unless there's something that

         4       you would like to disclose to this chamber.

         5                  SENATOR LIBOUS:    Mr. President,

         6       in consultation with the Minority Leader,

         7       Senator Bruno hands up the following committee

         8       changes and asks that they be filed in the

         9       Journal, please.

        10                  THE PRESIDENT:    They will be so

        11       filed.  Thank you, Senator Libous.

        12                  SENATOR LIBOUS:    And,

        13       Mr. President, before we adjourn until

        14       Wednesday, March 21st, at 11:00 p.m., I would

        15       like to remind all the members --

        16                  SENATOR DUANE:    A.m.  A.m.

        17                  SENATOR LIBOUS:    A.m.  Did I say

        18       p.m.?  I just wanted to see if you were

        19       listening.

        20                  Mr. President, they were listening,

        21       and I'm quite pleased with that.

        22                  But I want to remind the members

        23       that tomorrow is West Point Day, and we want

        24       to start promptly at 11:00 a.m.  And if the

        25       members could be here promptly, it would be


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         1       greatly appreciated, to pay respect to our men

         2       and women from the military academy.

         3                  There being no further business,

         4       Mr. President, I think that could be it.

         5                  THE PRESIDENT:    There being no

         6       further business, the Senate stands adjourned

         7       until tomorrow, March 21st, at 1100 hours.

         8                  Adjourned.

         9                  (Whereupon, at 3:17 p.m., the

        10       Senate adjourned.)

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