Regular Session - May 30, 2007
3463
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 30, 2007
11 3:11 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CARL L. MARCELLINO, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MARCELLINO: The
3 Senate will come to order.
4 I ask that everyone present 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 MARCELLINO: In
10 the absence of clergy, may we bow our heads in
11 a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT MARCELLINO:
15 Reading of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, May 29, the Senate met pursuant to
18 adjournment. The Journal of Monday, May 28,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT MARCELLINO:
22 Without objection, the Journal stands approved
23 as 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 The Secretary will read.
4 THE SECRETARY: Senator O.
5 Johnson, from the Committee on Finance,
6 reports the following nominations.
7 As Inspector General of the Office
8 of the Metropolitan Transportation Authority,
9 Barry Kluger, of New York City.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Johnson.
12 SENATOR OWEN JOHNSON: I move the
13 nomination.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Libous.
16 SENATOR LIBOUS: Thank you,
17 Mr. President.
18 I rise to second the nomination of
19 Barry Kluger as the inspector general for the
20 MTA.
21 I am very pleased that Governor
22 Spitzer has sent us a candidate with these
23 outstanding qualifications. Spending time
24 with Mr. Kluger and having a number of
25 conversations with him to get a feel for his
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1 qualifications for the job, I came away
2 extremely confident, as the committee did when
3 it met and had questions for him and reviewed
4 his qualifications.
5 Mr. Kluger himself is a daily rider
6 of the MTA, so he understands his role as an
7 advocate, as the inspector general. He also
8 has a very, very strong desire to work with us
9 here in the Legislature and other colleagues
10 throughout various transportation agencies.
11 His background, an investigation
12 background with the Bronx County district
13 attorney's office, I think gives him the
14 qualifications that we need in this very, very
15 important role as inspector general.
16 And, Mr. President, I am quite
17 confident that he will be an outstanding
18 inspector general, that Governor Spitzer has
19 sent us a very well qualified candidate. And
20 it is a pleasure for me to second his
21 nomination.
22 ACTING PRESIDENT MARCELLINO:
23 Senator Sabini.
24 SENATOR SABINI: Thank you,
25 Mr. President.
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1 I too want to rise to second the
2 nomination of Mr. Kluger to be the inspector
3 general of the MTA. It's a very important
4 position, the MTA having billions of dollars
5 in operating and capital money go through its
6 doors. And over the years we've seen a lot of
7 that money, its efficacy, called into
8 question.
9 I think Mr. Kluger and his
10 background in law enforcement, his extensive
11 experience at the Bronx district attorney's
12 office and in other places, will go a long way
13 to making sure that the dollars spent by the
14 MTA are spent effectively and honestly and in
15 the public's interest.
16 In addition, one of the most
17 important aspects I think that he brings to
18 this job is that being in a criminal law
19 enforcement background, with the MTA now the
20 recipient of large amounts of federal money
21 for antiterrorism, that we can be sure that
22 when we wake up in the morning we won't see,
23 or hopefully won't see, if I'm confident in
24 his abilities, that that money won't be wasted
25 or frittered away but will be used to protect
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1 New Yorkers as they ride the system, as they
2 go on our bridges and tunnels, as they ride
3 the commuter railways.
4 So I'm pretty confident that Barry
5 Kluger is the right man for the job. I
6 applaud the Governor for his appointment and
7 look forward to working with him in the
8 future.
9 Thank you, Mr. President.
10 ACTING PRESIDENT MARCELLINO:
11 Thank you, Senator.
12 Can we have a little order in the
13 house, please.
14 Senator Krueger.
15 SENATOR LIZ KRUEGER: Thank you,
16 Mr. President.
17 I also rise to second the
18 nomination of Barry Kluger to be the inspector
19 general of the MTA.
20 Mr. Kluger is both a constituent
21 and a neighbor from New York City, and I have
22 had many opportunities to chat with him
23 actually on the streets of the district about
24 the importance of public service and the work
25 that he has done to date on behalf of the
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1 people of New York. And I've also had a
2 chance to meet with him to discuss his new
3 mission and his new agenda at the MTA.
4 And I share my colleagues' support
5 for his talents and skills and commitment to
6 taking on this very large job to make sure
7 that the MTA is run as we need it to be run,
8 that the funds are accounted for, that there
9 are audits both from a financial perspective
10 and from the perspective of programmatic
11 operations.
12 And any authority and any
13 government agency needs to have the ability to
14 technically self-police and keep itself both
15 honest and transparent. And so I am delighted
16 that a man of Mr. Kluger's caliber is willing
17 to shift gears in his career and move from his
18 work at the district attorney's office to
19 taking on this enormous responsibility for the
20 MTA and in fact for all of the people in
21 New York State.
22 So I congratulate him and look
23 forward to continuing to work with him.
24 Thank you, Mr. President.
25 ACTING PRESIDENT MARCELLINO:
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1 Thank you, Senator.
2 Any other Senator wishing to be
3 heard on the nomination?
4 The question then is on the
5 nomination of Barry Kluger, of New York City,
6 to serve as inspector general of the office of
7 the Metropolitan Transportation Authority.
8 All in favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT MARCELLINO:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT MARCELLINO:
14 Mr. Kluger is confirmed.
15 Congratulations, Mr. Kluger. We
16 wish you the best on your very important
17 position and very important job.
18 (Applause.)
19 ACTING PRESIDENT MARCELLINO: Mr.
20 Kluger is joined by his son Alex, who is also
21 in the audience. Thank you for coming, Alex.
22 The Secretary will read.
23 THE SECRETARY: As public member
24 of the State Banking Board, Brian D.
25 Obergfell, of Brooklyn.
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1 As a member of the State Athletic
2 Commission, Melvina Lathan, of Ardsley.
3 As a member of the board of
4 directors of the New York Convention Center
5 Operating Corporation, Edward P. Kane, of
6 Rockville Centre.
7 As members of the Minority Health
8 Council, Cheryl G. Garlow, of Irving; Kam Man
9 Kenny Kwong, of Bayside; and Gladys Vidor, of
10 Rensselaer.
11 As a member of the Board of
12 Visitors of the Capital District Psychiatric
13 Center, Judith Reichenthal, of Clifton Park.
14 As a member of the Board of
15 Visitors of the Mohawk Valley Psychiatric
16 Center, Karen N. Christensen, of Utica.
17 And as a member of the Board of
18 Visitors of the St. Lawrence Psychiatric
19 Center, Joanne M. Charleson, of Canton.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Johnson.
22 SENATOR OWEN JOHNSON: I rise to
23 move the nominations.
24 ACTING PRESIDENT MARCELLINO: The
25 nominations are moved.
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1 The question is on the nominations
2 as read by the Secretary. All in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT MARCELLINO:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT MARCELLINO: The
9 nominees are confirmed.
10 Reports of select committees.
11 Communications and reports of state
12 officers.
13 Motions and resolutions.
14 Senator Bonacic.
15 SENATOR BONACIC: Thank you,
16 Mr. President.
17 On behalf of Senator Fuschillo,
18 who's now entering the chambers, on page 45 I
19 offer the following amendments to Calendar
20 Number 751, Print Number 4723, and ask that
21 said bill retain its place on the Third
22 Reading Calendar.
23 ACTING PRESIDENT MARCELLINO: So
24 ordered.
25 SENATOR BONACIC: Also on behalf
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1 of Senator Volker, who's in the chambers, I
2 would like to offer, on page number 81, the
3 following amendment to Calendar Number 1234,
4 Print Number 3166B, and ask that said bill
5 retain its place on the Third Reading
6 Calendar.
7 ACTING PRESIDENT MARCELLINO: So
8 ordered.
9 SENATOR BONACIC: Thank you,
10 Mr. President.
11 ACTING PRESIDENT MARCELLINO:
12 Senator Wright.
13 SENATOR WRIGHT: Thank you,
14 Mr. President.
15 Are there any substitutions at the
16 desk?
17 ACTING PRESIDENT MARCELLINO:
18 Yes, there are, Senator. Just one.
19 The Secretary will read the
20 substitution.
21 THE SECRETARY: On page 62,
22 Senator Farley moves to discharge, from the
23 Committee on Rules, Assembly Bill Number 2997
24 and substitute it for the identical Senate
25 Bill Number 1521, Third Reading Calendar 1009.
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1 ACTING PRESIDENT MARCELLINO: The
2 substitution is ordered.
3 Senator Wright.
4 SENATOR WRIGHT: May we please
5 adopt the Resolution Calendar.
6 ACTING PRESIDENT MARCELLINO: The
7 motion is to adopt the Resolution Calendar.
8 All in favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT MARCELLINO:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT MARCELLINO: The
14 Resolution Calendar is adopted.
15 Senator Wright.
16 SENATOR WRIGHT: May we please
17 have the noncontroversial reading of the
18 calendar.
19 ACTING PRESIDENT MARCELLINO: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 226, by Senator Larkin, Senate Print 1356, an
23 act to remove from the Albert Wisner Memorial
24 Public Library.
25 ACTING PRESIDENT MARCELLINO:
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 50.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 317, by Senator Maziarz, Senate Print 255, an
12 act to amend the Penal Law and the Agriculture
13 and Markets Law, in relation to offenses.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the first of
18 November.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 50.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 516, by Senator Robach, Senate Print 2162, an
2 act to amend the State Finance Law, in
3 relation to contracts.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section, please.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 60th day.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 50.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 640, by Senator Skelos, Senate Print 435A, an
16 act to amend the Penal Law, in relation to
17 sentencing.
18 SENATOR WRIGHT: Mr. President,
19 could we lay that aside temporarily, please.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is laid aside temporarily.
22 The Secretary will continue to
23 read.
24 THE SECRETARY: Calendar Number
25 699, by Senator Larkin, Senate Print 205, an
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1 act to amend the Insurance Law, in relation to
2 providing.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of January.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 50.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 749, by Senator Morahan, Senate Print 4589, an
15 act to amend the General Business Law, in
16 relation to increasing the amount.
17 ACTING PRESIDENT MARCELLINO:
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 51.
25 ACTING PRESIDENT MARCELLINO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 774, by Senator Little, Senate Print 4241, an
4 act to amend the Navigation Law, in relation
5 to chemical testing.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 7. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 51.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 848, by Senator DeFrancisco, Senate Print
18 5127, an act to amend the Surrogate's Court
19 Procedure Act, in relation to allocation.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 6. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARCELLINO:
25 Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 52.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 873, by Senator Bonacic, Senate Print 469, an
7 act to amend the Vehicle and Traffic Law, in
8 relation to allowing.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 51. Nays,
17 1. Senator Duane recorded in the negative.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 905, by Senator Flanagan, Senate Print 5524,
22 an act to authorize the Nassau Suffolk Service
23 for the Autistic, Inc.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 50. Nays,
7 2. Senators Bonacic and Larkin recorded in
8 the negative.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 909, by Senator Morahan, Senate Print 2902, an
13 act to amend the Mental Hygiene Law --
14 SENATOR WRIGHT: Lay it aside for
15 the day, please.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is laid aside for the day.
18 THE SECRETARY: Calendar Number
19 916, by Senator Morahan, Senate Print 5078, an
20 act to amend the Mental Hygiene Law, in
21 relation to establishing the Task Force on
22 Adults with Autism.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 THE SECRETARY: Ayes, 52.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 934, by Senator LaValle, Senate Print 5240, an
9 act to amend the Education Law, in relation to
10 the practice of public accountancy.
11 ACTING PRESIDENT MARCELLINO:
12 Last section.
13 THE SECRETARY: Section 14. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 52.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 971, by Senator Flanagan, Senate Print 694, an
23 act to amend the Tax Law, in relation to
24 exempting.
25 ACTING PRESIDENT MARCELLINO:
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1 There is a local fiscal impact statement at
2 the desk.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first day of the
6 sales tax quarterly period.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 51. Nays,
11 1. Senator Duane recorded in the negative.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 972, by Senator Farley, Senate Print 899, an
16 act to amend the Education Law, in relation to
17 providing funding.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect April 1, 2008.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 52.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 999, by Senator Maziarz, Senate Print 2308, an
5 act to amend the Environmental Conservation
6 Law, in relation to regulatory program fees.
7 ACTING PRESIDENT MARCELLINO:
8 Read the last section, please.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 52.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1009, substituted earlier today by Member of
19 the Assembly Butler, Assembly Print Number
20 2997, an act to amend Chapter 489 of the Laws
21 of 2004.
22 ACTING PRESIDENT MARCELLINO:
23 Last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 THE SECRETARY: Ayes, 52.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1011, by the Senate Committee on Rules, Senate
8 Print 1818, an act to amend the Tax Law, in
9 relation to extending.
10 ACTING PRESIDENT MARCELLINO:
11 Last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 52.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1034, by Senator Golden, Senate Print 320, an
22 act to amend the Penal Law, in relation to
23 promoting prostitution.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section.
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1 THE SECRETARY: Section 9. This
2 act shall take effect on the first of
3 November.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 52.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1038, by Senator Morahan, Senate Print 2589,
12 an act to amend the Penal Law, in relation to
13 adding.
14 ACTING PRESIDENT MARCELLINO:
15 Last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of
18 November.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 52.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1040, by Senator Volker, Senate Print 3559, an
2 act to amend the Civil Practice Law and Rules,
3 in relation to the timing and service of
4 motions.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 51. Nays,
13 1. Senator Duane recorded in the negative.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1044, by Senator Volker, Senate Print 4028, an
18 act to amend the Penal Law, in relation to
19 prohibition.
20 ACTING PRESIDENT MARCELLINO:
21 Last section, please.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of
24 November.
25 ACTING PRESIDENT MARCELLINO:
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1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 51. Nays,
4 1. Senator Duane recorded in the negative.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1048, by Senator Nozzolio, Senate Print 4330,
9 an act to amend the Penal Law, in relation to
10 expanding the definition of dangerous
11 contraband.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section, please.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 51. Nays,
20 1. Senator Perkins recorded in the negative.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1049, by Senator Flanagan, Senate Print 4417,
25 an act to amend the Criminal Procedure Law, in
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1 relation to denial of recognizance.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 8. This
5 act shall take effect on the first of
6 November.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 51. Nays,
11 1. Senator Perkins recorded in the negative.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1051, by Senator Saland, Senate Print 4789, an
16 act to amend the Penal Law, in relation to
17 theft of credit card.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section, please.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of
22 November.
23 ACTING PRESIDENT MARCELLINO:
24 Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 52.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1073, by Senator Farley, Senate Print 3542, an
6 act to amend the Education Law, in relation to
7 appropriations for library services.
8 ACTING PRESIDENT MARCELLINO:
9 Last section, please.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 52.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1084, by Senator Marcellino, Senate Print 615,
20 an act to amend the Criminal Procedure Law, in
21 relation to anonymous juries.
22 ACTING PRESIDENT MARCELLINO:
23 Last section, please.
24 THE SECRETARY: Section 4. This
25 act shall take effect on the 30th day.
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1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 53.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1089, by Senator Volker, Senate Print 1602, an
9 act to amend the Correction Law, in relation
10 to extending protection.
11 ACTING PRESIDENT MARCELLINO:
12 Last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 53.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1091, by Senator Rath, Senate Print 2327, an
23 act to amend the Correction Law, in relation
24 to employment limitations.
25 ACTING PRESIDENT MARCELLINO:
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1 Last section, please.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of
4 November.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 54.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1093, by Senator Skelos, Senate Print 2460, an
13 act to amend the Correction Law, in relation
14 to requiring sex offenders to register.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 54. Nays,
23 1. Senator Duane recorded in the negative.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
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3492
1 THE SECRETARY: Calendar Number
2 1098, by Senator Nozzolio, Senate Print 5143,
3 an act to amend the Correction Law, in
4 relation to authorizing.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1100, by Senator Fuschillo, Senate Print 5541,
17 an act to amend the Executive Law and others,
18 in relation to police reports.
19 ACTING PRESIDENT MARCELLINO:
20 Read the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO:
24 Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 55.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1103, by Senator Maziarz, Senate Print 2776,
6 an act to amend the Retirement and Social
7 Security Law, in relation to establishing.
8 ACTING PRESIDENT MARCELLINO:
9 Last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MARCELLINO:
16 Senator Duane, to explain his vote.
17 SENATOR DUANE: Thank you,
18 Mr. President.
19 I wanted to particularly call
20 attention to this piece of legislation today.
21 This is an excellent, excellent bill which
22 will both help to educate the public on ways
23 in which HIV can and cannot be transmitted and
24 also protect the rights of workers in the
25 state.
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1 And it's altogether a bill which is
2 much needed and which will solve any number of
3 problems having to do with HIV presumption.
4 And I commend the sponsor for bringing it
5 forward, and I'm very pleased that it's going
6 to be passing our house today.
7 Thank you, Mr. President. I'll be
8 voting yes.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Duane will be recorded in the
11 affirmative.
12 Announce the results.
13 THE SECRETARY: Ayes, 55. Nays,
14 0.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1111, by Senator Robach, Senate Print 4931, an
19 act to amend the Retirement and Social
20 Security Law, in relation to creditable
21 service.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section.
24 THE SECRETARY: Section 6. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1112, by Senator Bonacic, Senate Print 5260,
9 an act relating to authorizing the reopening
10 of the 25-year retirement benefit plan.
11 ACTING PRESIDENT MARCELLINO:
12 There is a home-rule message at the desk.
13 Read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 55.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1121, by Senator Leibell, Senate Print 5558,
24 an act to amend Chapter 942 of the Laws of
25 1983 and Chapter 541 of the Laws of 1984.
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3496
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 55.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1125, by Senator Little, Senate Print 2342, an
13 act to amend the General Municipal Law, in
14 relation to taking of billboards.
15 ACTING PRESIDENT MARCELLINO:
16 Last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 54. Nays,
23 1. Senator Duane recorded in the negative.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1130, by Senator Little, Senate Print 4857, an
3 act to amend the Town Law, in relation to
4 authorizing the town board of the Town of
5 Chester.
6 ACTING PRESIDENT MARCELLINO: We
7 have a home-rule message at the desk.
8 Read the last section, please.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 55.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1223, by Senator Padavan, Senate Print 1600,
19 an act to amend the --
20 SENATOR WRIGHT: Lay that aside
21 temporarily.
22 ACTING PRESIDENT MARCELLINO: Lay
23 that bill aside temporarily, please.
24 THE SECRETARY: Calendar Number
25 1235, by Senator Wright, Senate Print 3414, an
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1 act to amend the Penal Law, in relation to the
2 definition of without authorization.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 Senator Wright, that completes the
14 reading of the noncontroversial calendar.
15 Can we have some order in the
16 house, please.
17 Senator Wright.
18 SENATOR WRIGHT: Thank you,
19 Mr. President.
20 In five minutes we're going to
21 convene a meeting of the Rules Committee in
22 the Majority Conference Room.
23 Following that, we will reconvene
24 the Senate for the report of the Rules
25 Committee and these two bills.
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1 ACTING PRESIDENT MARCELLINO: In
2 five minutes there will be a meeting of the
3 Rules Committee in the Majority Conference
4 Room.
5 In the interim, we will stand at
6 ease.
7 (Whereupon, the Senate stood at
8 ease at 3:39 p.m.)
9 (Whereupon, the Senate reconvened
10 at 3:48 p.m.)
11 ACTING PRESIDENT MARCELLINO:
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 if we could return to the noncontroversial
15 calendar and take up Calendar Number 640.
16 ACTING PRESIDENT MARCELLINO: The
17 Secretary will read from the noncontroversial
18 calendar.
19 THE SECRETARY: Calendar Number
20 640, by Senator Skelos, Senate Print 435A, an
21 act to amend the Penal Law, in relation to
22 sentencing.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 4. This
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1 act shall take effect on the first of
2 November.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 640 are
8 Senators Dilan, Duane, Hassell-Thompson,
9 Montgomery, Parker, Perkins, Schneiderman and
10 Serrano. Also Senator L. Krueger.
11 Ayes, 49. Nays, 9.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 If we could have some order,
15 please.
16 The Secretary will continue to
17 read.
18 THE SECRETARY: Calendar Number
19 1223, by Senator Padavan, Senate Print 1600,
20 an act to amend the Criminal Procedure Law and
21 the Penal Law, in relation to aggravated
22 criminal conduct.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section, please.
25 THE SECRETARY: Section 5. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Those recorded in
6 the negative on Calendar Number 1223 are
7 Senators Dilan, Duane, Hassell-Thompson,
8 L. Krueger, Montgomery, Parker and Perkins.
9 Ayes, 51. Nays, 7.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 if we could return to reports of standing
15 committees, there's a report of the Rules
16 Committee at the desk. If we could take it up
17 at this time.
18 ACTING PRESIDENT MARCELLINO: The
19 Secretary will read the report of the Rules
20 Committee.
21 THE SECRETARY: Senator Bruno,
22 from the Committee on Rules, reports the
23 following bill direct to third reading:
24 Senate Print 5951, by the Senate
25 Committee on Rules, an act to amend the
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1 Multiple Dwelling Law.
2 SENATOR SKELOS: Mr. President,
3 move to accept the report of the Rules
4 Committee.
5 ACTING PRESIDENT MARCELLINO: The
6 motion is to accept the report of the Rules
7 Committee. All in favor signify by saying
8 aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT MARCELLINO:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT MARCELLINO: The
14 report of the Rules Committee is accepted.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 if we could take up Calendar Number 1439,
18 Senate 5951, which was just reported from the
19 Rules Committee.
20 ACTING PRESIDENT MARCELLINO: The
21 Secretary will read.
22 THE SECRETARY: In relation to
23 Calendar Number 1439, Senator Bruno, from the
24 Committee on Rules, moves to discharge
25 Assembly Print Number 8694 and substitute it
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1 for the identical Senate Bill Number 5951,
2 Third Reading Calendar 1439.
3 ACTING PRESIDENT MARCELLINO:
4 Substitution is ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1439, by Member of the Assembly Glick,
8 Assembly Print Number 8694, an act to amend
9 the Multiple Dwelling Law.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 Senator Padavan.
13 SENATOR PADAVAN: Mr. President,
14 on the bill.
15 I have no idea whatever --
16 ACTING PRESIDENT MARCELLINO:
17 Senator Padavan --
18 SENATOR PADAVAN: On the bill.
19 ACTING PRESIDENT MARCELLINO:
20 We're on the noncontroversial calendar. Would
21 you like to explain your vote?
22 SENATOR PADAVAN: Well, if that's
23 the case, I will.
24 ACTING PRESIDENT MARCELLINO:
25 Thank you.
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1 Senator Padavan, to explain his
2 vote.
3 SENATOR PADAVAN: I repeat, I
4 have no knowledge whatsoever what the
5 connection between the Loft Law and Quick Draw
6 is all about. Unless there's something going
7 on that I don't know. Perhaps they're
8 thinking of putting the video crack in every
9 loft; you get it when you lease.
10 But there is no connection. And so
11 this is legislative blackmail. We're being
12 forced -- and I do support the extension of
13 the Loft Law -- to either choose between
14 something which has been destructive to our
15 communities, causing a great deal of economic
16 harm to a lot of people without any redeeming
17 values, as far as I'm concerned, and
18 continuing the Loft Law, which I think makes a
19 great deal of sense.
20 But I'm not going to be
21 blackmailed, and I'm voting no.
22 ACTING PRESIDENT MARCELLINO:
23 Senator Padavan will be recorded in the
24 negative.
25 Senator Duane, to explain his vote.
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1 SENATOR DUANE: Yes,
2 Mr. President.
3 I would like to be associated with
4 Senator Padavan's remarks verbatim. And I
5 also will be voting in the negative.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Duane will be recorded in the
8 negative.
9 Senator Montgomery.
10 SENATOR MONTGOMERY: Yes,
11 Mr. President. I also agree with Senator
12 Padavan, and I will vote in the negative.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Montgomery agrees with the
15 consensus-builder Padavan. She will be
16 recorded in the negative.
17 Senator L. Krueger.
18 SENATOR LIZ KRUEGER: Thank you.
19 I also agree with Senator Padavan
20 and think that these two issues should not
21 be --
22 (Laughter; catcalling.)
23 ACTING PRESIDENT MARCELLINO:
24 Senator Padavan, do you want to recall your
25 vote?
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1 SENATOR LIZ KRUEGER: I agree
2 with Senator Padavan on his points. I support
3 the Loft Law. And so I find myself being
4 blackmailed into voting yes, despite the fact
5 that I completely agree with him.
6 Thank you, Mr. President.
7 ACTING PRESIDENT MARCELLINO: Are
8 you being recorded in the affirmative,
9 Senator?
10 SENATOR LIZ KRUEGER: Yes,
11 Mr. President.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Krueger in the affirmative.
14 Last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 55. Nays,
21 3. Those recorded in the negative are
22 Senators Duane, Montgomery and Padavan.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 Senator Skelos.
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1 SENATOR SKELOS: If you would
2 recognize Senator Lanza, please.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Lanza.
5 SENATOR LANZA: Yes,
6 Mr. President. On page number 61 I offer the
7 following amendments to Calendar Number 998,
8 Senate Print Number 1768, and ask that said
9 bill retain its place on Third Reading
10 Calendar.
11 ACTING PRESIDENT MARCELLINO: So
12 ordered.
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President --
15 SENATOR LANZA: And it's on
16 behalf of Senator Maltese.
17 ACTING PRESIDENT MARCELLINO:
18 Thank you.
19 SENATOR SKELOS: Mr. President,
20 is there any further business to come before
21 the Senate?
22 ACTING PRESIDENT MARCELLINO: The
23 floor is clean, sir.
24 SENATOR SKELOS: There being
25 none, I move we stand adjourned until
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1 Thursday, May 31st, at 11:00 a.m.
2 ACTING PRESIDENT MARCELLINO:
3 There being no further business, the Senate
4 will stand adjourned until Thursday, May 31st,
5 at 11:00 a.m.
6 (Whereupon, at 3:56 p.m., the
7 Senate adjourned.)
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