Regular Session - March 28, 2007
1702
1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 28, 2007
11 11:14.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 I would ask all those assembled to
5 please rise and recite the Pledge of
6 Allegiance with me.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: In the absence of
10 clergy, we will all observe a moment of
11 silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: The reading of
15 the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, March 27, the Senate met pursuant to
18 adjournment. The Journal of Monday, March 26,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Now to the order of business.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Still waiting for those select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President, I
11 believe there's a substitution at the desk.
12 If we could make it at this time.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: On page 22,
16 Senator Libous moves to discharge, from the
17 Committee on Education, Assembly Bill Number
18 5762 and substitute it for the identical
19 Senate Bill Number 2154, Third Reading
20 Calendar 355.
21 THE PRESIDENT: Substitution is
22 ordered.
23 Senator Skelos.
24 SENATOR SKELOS: Mr. President,
25 if we could go to the noncontroversial reading
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1 of the calendar.
2 THE PRESIDENT: The Secretary
3 will conduct the noncontroversial reading of
4 the calendar.
5 THE SECRETARY: Calendar Number
6 293, by Senator Volker, Senate Print 792, an
7 act to amend the Civil Service Law, in
8 relation to resolution.
9 THE PRESIDENT: Last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 40.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 294, by Senator Volker, Senate Print 793, an
19 act to amend the Civil Service Law, in
20 relation to resolution of disputes.
21 THE PRESIDENT: The Secretary
22 will read the last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 40.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 331, by Senator Marcellino, Senate Print 3194,
7 an act to amend the Penal Law, in relation to
8 increasing penalties for first, second, third,
9 and fourth degree stalking.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 6. This
13 act shall take effect on the first of
14 November.
15 THE PRESIDENT: Call the roll,
16 please.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 42.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 350, by Senator Seward, Senate Print 3415, an
23 act to authorize the County of Otsego to
24 correct its 2007 tax roll.
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, 42.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 355, substituted earlier by Member of the
12 Assembly Crouch, Assembly Print Number 5762,
13 an act in relation to validating certain acts.
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: Results.
21 THE SECRETARY: Ayes, 42.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 358, by Senator Maziarz, Senate Print 3567, an
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1 act to amend the Labor Law, in relation to
2 simplifying.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 44.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 368, by Senator LaValle, Senate Print 864, an
14 act to amend the Uniform Commercial Code, in
15 relation to deeming goods.
16 THE PRESIDENT: The Secretary
17 will read the last section, please.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 46.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 375, by Senator DeFrancisco, Senate Print
2 2063, an act to amend the Estates, Powers and
3 Trusts Law, in resolution to distribution.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of January.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 46.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 378, by Senator Fuschillo, Senate Print 2358,
15 an act to amend the Judiciary Law, in relation
16 to practicing or appearing as an attorney.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 60th day.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 46.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 379, by Senator Leibell, Senate Print 2383, an
3 act to amend the Surrogate's Court Procedure
4 Act, in relation to distribution.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect January 1, 2008.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 48.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 382, by Senator DeFrancisco, Senate Print
16 2879, an act to amend the Estates, Powers and
17 Trusts Law, the General Obligations Law, and
18 the Mental Hygiene Law, in relation to
19 renunciation.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 4. This
23 act shall take effect on the first of January
24 next succeeding.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 48.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 386, by Senator Skelos, Senate Print 2042, an
7 act to amend the Domestic Relations Law, in
8 relation to parents and other persons.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 48.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 393, by Senator Leibell, Senate Print 3587, an
20 act to amend the Penal Law and the
21 Not-for-Profit Corporation Law, in relation to
22 prohibiting funding.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect January 1, 2008.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 48.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 400, by Senator Rath, Senate Print 1758, an
9 act to amend the Penal Law, in relation to
10 assaults committed.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of
15 November.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 48. Nays,
19 1. Senator Montgomery recorded in the
20 negative.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 403, by Senator Morahan, Senate Print 2168, an
25 act to amend the Penal Law, in relation to
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1 possession of gambling devices.
2 THE PRESIDENT: Read the last
3 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 SECRETARY: Ayes, 48. Nays,
9 1. Senator Montgomery recorded in the
10 negative.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 404, by Senator Padavan, Senate Print 2178 --
15 SENATOR SKELOS: Lay it aside
16 temporarily, please.
17 THE PRESIDENT: The bill is laid
18 aside temporarily.
19 THE SECRETARY: Calendar Number
20 405, by Senator Saland, Senate Print 2452, an
21 act to amend the Penal Law, in relation to
22 criminal mischief.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 60th day.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 49.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 427, by Senator Flanagan, Senate Print 3688,
9 an act to amend Chapter 364 of the Laws of
10 2006 relating to authorizing the Town of
11 Smithtown.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 49.
19 THE PRESIDENT: The bill is
20 passed.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 if we could return to motions and resolutions,
24 I believe Senator Stavisky has a motion.
25 THE PRESIDENT: Motions and
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1 resolutions.
2 Senator Stavisky.
3 SENATOR STAVISKY: Thank you,
4 Mr. President.
5 I move that the following bills be
6 discharged from their respective --
7 THE PRESIDENT: I'm sorry,
8 Senator Stavisky. Would you begin again.
9 SENATOR STAVISKY: I move that
10 the following bills be discharged from their
11 respective committees and be recommitted with
12 instructions to strike the enacting clause:
13 Senate 2198, 2672, and 2673.
14 Thank you, Mr. President.
15 THE PRESIDENT: Senate Bills
16 2198, 2672 and 2673, so ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 404, by Senator Padavan, Senate Print 2178, an
20 act to amend the Penal Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the first of
25 November.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE PRESIDENT: The Secretary
4 will record the negatives and announce the
5 results.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 404 are
8 Senators Adams, Dilan, Duane, Huntley,
9 Montgomery, Parker, Perkins, Schneiderman and
10 Serrano.
11 Ayes, 50. Nays, 9.
12 THE PRESIDENT: The bill is
13 passed.
14 Senator Skelos, that completes the
15 calendar.
16 SENATOR SKELOS: Thank you,
17 Mr. President.
18 Is there any further business at
19 the desk?
20 THE PRESIDENT: There is none.
21 SENATOR SKELOS: In consultation
22 with the Minority Leader, Senator Bruno hands
23 up the following committee changes and asks
24 that they be filed in the Journal.
25 THE PRESIDENT: They will be
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1 filed, Senator Skelos. So ordered.
2 SENATOR SKELOS: There will be a
3 conference of the Majority immediately
4 following session.
5 And there being no further business
6 to come before the Senate, I move we stand
7 adjourned until Thursday, March 29th, at
8 11:00 a.m.
9 THE PRESIDENT: There will be an
10 immediate conference of the Majority following
11 the adjournment of this session.
12 The Senate is adjourned until
13 Thursday, March 29th, at 11:00 a.m.
14 (Whereupon, at 11:27 a.m., the
15 Senate adjourned.)
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