Regular Session - June 4, 2007
3567
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 4, 2007
11 3:15 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
3568
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 assembled to please
5 rise with me and recite our Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: Our invocation
10 today will be delivered by the Reverend Peter
11 G. Young, of Mother Theresa Community, right
12 here in Albany.
13 REVEREND YOUNG: Let us pray.
14 Dear God, it's my privilege today
15 to dedicate the prayer to a man who served
16 here in this chamber for 35 years, Senator
17 Anderson, who was a good friend and a very,
18 very strong, dedicated leader of our state.
19 Almighty Eternal God, You have
20 revealed Your glory to all nations. God of
21 Power, almighty wisdom and justice comes to
22 our Senators through their authority with
23 prayer, that Your laws are enacted and
24 judgments are decreed, with our citizens
25 benefitting from the dedication of our session
Candyco Transcription Service, Inc.
(518) 371-8910
3569
1 today.
2 We pray that You will remember that
3 important example of Warren to all of those
4 that are here in this dedicated chamber.
5 Amen.
6 THE PRESIDENT: And all those
7 members just joining us in the past few years,
8 if you never had the opportunity to meet
9 Senator Anderson, he was as distinguished a
10 gentleman that ever graced this chamber, and
11 one whose dedication and goodwill transcended
12 both sides of the aisle of this institution.
13 The reading of the Journal.
14 THE SECRETARY: In Senate,
15 Sunday, June 3, the Senate met pursuant to
16 adjournment. The Journal of Saturday, June 2,
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.
Candyco Transcription Service, Inc.
(518) 371-8910
3570
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Farley.
6 SENATOR FARLEY: Thank you,
7 Mr. President.
8 Amendments are offered to the
9 following Third Reading Calendar bills:
10 Senator Winner, on page 34,
11 Calendar 874, Senate Print 3317;
12 For Senator Padavan, on page 36,
13 Calendar Number 928, Senate Print 881;
14 On behalf of Senator Golden, on
15 page 36, Calendar Number 930, Senate Print
16 3333A;
17 On behalf of Senator LaValle, on
18 page 40, Calendar 981, Senate Print 5328;
19 On behalf of Senator Seward, on
20 page 43, Calendar Number 1018, Senate Print
21 3150;
22 On behalf of the Majority Leader,
23 Senator Bruno, on page 53, Calendar Number
24 1191, Senate Print 5849;
25 On behalf of Senator Leibell, on
Candyco Transcription Service, Inc.
(518) 371-8910
3571
1 page 54, Calendar Number 1201, Senate Print
2 5125;
3 On behalf of Senator Larkin, on
4 page 64, Calendar 1317, Senate Print 2021;
5 On behalf of Senator Morahan, on
6 page 70, Calendar Number 1377, Senate Print
7 5181A;
8 And last, on behalf of Senator
9 Leibell, on page 71, Calendar Number 1394,
10 Senate Print 5666.
11 Mr. President, I move that these
12 bills retain their place on the Third Reading
13 Calendar.
14 THE PRESIDENT: The amendments to
15 the nine aforementioned bills have been
16 received and adopted, and these bills will
17 retain their place on the Third Reading
18 Calendar.
19 Senator Duane.
20 SENATOR DUANE: Thank you,
21 Mr. President.
22 On behalf of Senator L. Krueger, I
23 move that the following bill be discharged
24 from its respective committee and be
25 recommitted with instructions to strike the
Candyco Transcription Service, Inc.
(518) 371-8910
3572
1 enacting clause: Senate Number 4756.
2 And on behalf of Senator
3 Stewart-Cousins, I move that the following
4 bill be discharged from its respective
5 committee and be recommitted with instructions
6 to strike the enacting clause: S4478.
7 And, Mr. President, on page 53, on
8 behalf of Senator Sabini, I offer the
9 following amendments to Calendar Number 1193,
10 Senate Print Number 1725A, and ask that said
11 bill retain its place on Third Reading
12 Calendar.
13 THE PRESIDENT: So ordered.
14 Thank you, Senator Duane.
15 SENATOR DUANE: Thank you,
16 Mr. President.
17 THE PRESIDENT: Senator Winner.
18 SENATOR WINNER: Are there any
19 substitutions, Mr. President?
20 THE PRESIDENT: Yes, there are.
21 The Secretary will read.
22 THE SECRETARY: On page 31,
23 Senator Leibell moves to discharge, from the
24 Committee on Judiciary, Assembly Bill Number
25 3074 and substitute it for the identical
Candyco Transcription Service, Inc.
(518) 371-8910
3573
1 Senate Bill Number 4564, Third Reading
2 Calendar 838.
3 On page 43, Senator Seward moves to
4 discharge, from the Committee on
5 Investigations and Government Operations,
6 Assembly Bill Number 6552 and substitute it
7 for the identical Senate Bill Number 2072,
8 Third Reading Calendar 1013.
9 On page 54, Senator Wright moves to
10 discharge, from the Committee on Environmental
11 Conservation, Assembly Bill Number 8201 and
12 substitute it for the identical Senate Bill
13 Number 5799, Third Reading Calendar 1205.
14 On page 55, Senator O. Johnson
15 moves to discharge, from the Committee on
16 Environmental Conservation, Assembly Bill
17 Number 8214 and substitute it for the
18 identical Senate Bill Number 5840, Third
19 Reading Calendar 1216.
20 On page 55, Senator O. Johnson
21 moves to discharge, from the Committee on
22 Environmental Conservation, Assembly Bill
23 Number 8208 and substitute it for the
24 identical Senate Bill Number 5841, Third
25 Reading Calendar 1217.
Candyco Transcription Service, Inc.
(518) 371-8910
3574
1 On page 72, Senator Bruno moves to
2 discharge, from the Committee on
3 Investigations and Government Operations,
4 Assembly Bill Number 7267 and substitute it
5 for the identical Senate Bill Number 3438,
6 Third Reading Calendar 1404.
7 And on page 74, Senator Nozzolio
8 moves to discharge, from the Committee on
9 Transportation, Assembly Bill Number 6604A and
10 substitute it for the identical Senate Bill
11 Number 3120A, Third Reading Calendar 1426.
12 THE PRESIDENT: Substitutions
13 ordered.
14 Senator Winner.
15 SENATOR WINNER: Thank you,
16 Mr. President.
17 Would you please recognize Senator
18 Marcellino for the purposes of an
19 introduction.
20 THE PRESIDENT: Thank you.
21 The chair recognizes Senator
22 Marcellino.
23 SENATOR MARCELLINO: Thank you,
24 Mr. President.
25 Mr. President, as we all know,
Candyco Transcription Service, Inc.
(518) 371-8910
3575
1 every year the Italian-American State
2 Legislators Conference holds the annual festa
3 at the Troy Italian-American Center. This is
4 the night; this has been the weekend.
5 We invite everyone to participate
6 in this great event -- plenty of food, plenty
7 of drink. And we hope everyone comes and has
8 a good time and meets our honoree for the
9 year, Tony LoBianco.
10 It's a name that should be familiar
11 to all of us. Tony LoBianco was born on
12 October 19, 1936. I only say that because
13 that makes him older than me. For which he
14 will probably deck me, because he was a Golden
15 Gloves boxer at one time. And he looks like
16 he's in a lot better shape than I am, so I'm
17 not going to push this too far.
18 But he is a great man, he's done a
19 lot with his career on Broadway, Off Broadway,
20 TV and films. His career has run the gamut
21 from drama to comedy. He has shown his
22 talents -- there was only one show that he
23 appeared in called "Bella Mafia," and I don't
24 know, I guess it's just fiction, because we
25 all know there is no such organization.
Candyco Transcription Service, Inc.
(518) 371-8910
3576
1 But the fact that he is our honoree
2 this year is a good thing. He has shown grace
3 and charm with everyone that he has met. And
4 it is my pleasure to offer him and ask him to
5 accept our thanks and gratitude for being here
6 this day.
7 And thank you, Mr. LoBianco, for
8 being our honoree this year.
9 (Applause.)
10 THE PRESIDENT: Thank you very
11 much. And welcome to the chamber on behalf of
12 Majority Leader Joseph Bruno here in the
13 Senate, Mr. LoBianco, star of "The French
14 Connection," a movie that offered the famous
15 scene when the outlaws are having a gourmet
16 dinner and the public servants, the police,
17 who were designed to protect the public, were
18 outside eating pizza. That stark irony is one
19 I never forgot.
20 So welcome, Mr. LoBianco, born
21 October 19, 1936, which was a Friday. You can
22 look it up.
23 (Laughter.)
24 THE PRESIDENT: Senator Winner.
25 SENATOR WINNER: Thank you,
Candyco Transcription Service, Inc.
(518) 371-8910
3577
1 Mr. President.
2 May we have the reading of the
3 noncontroversial calendar.
4 THE PRESIDENT: The Secretary
5 will conduct the noncontroversial reading of
6 the calendar.
7 THE SECRETARY: Calendar Number
8 93, by Senator Saland, Senate Print 1095, an
9 act to amend the Education Law.
10 THE PRESIDENT: Last 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, 58.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 105, by Senator Trunzo, Senate Print 558, an
20 act to amend the Agriculture and Markets Law.
21 THE PRESIDENT: Last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 60th day.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
3578
1 THE PRESIDENT: Results.
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 261, by Senator Rath, Senate Print 2322, an
7 act to amend the Real Property Tax Law, in
8 relation to real property.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of
13 February.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 409, by Senator LaValle, Senate Print 3305A,
21 an act to amend the Civil Service Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3579
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 482, by Senator Lanza, Senate Print 4067, an
8 act to amend the Workers' Compensation Law.
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, 58.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 618, by Senator Alesi, Senate Print 282, an
20 act to provide for the creation of a temporary
21 state commission.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3580
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 637, by Senator Fuschillo, Senate Print 4306,
8 an act to amend the General Business Law.
9 THE PRESIDENT: Last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 709, by Senator Seward, Senate Print 2456, an
19 act to amend the Executive Law.
20 THE PRESIDENT: 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, 58.
Candyco Transcription Service, Inc.
(518) 371-8910
3581
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 711, by Senator Trunzo, Senate Print 3925, an
5 act to amend the Executive Law.
6 THE PRESIDENT: Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 713, by Senator Larkin, Senate Print 537, an
16 act to amend the Agriculture and Markets Law.
17 THE PRESIDENT: Last section.
18 THE SECRETARY: Section 10. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 58.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
3582
1 784, by Senator DeFrancisco, Senate Print
2 2057, an act to direct the Office for
3 Technology.
4 THE PRESIDENT: Last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 180th day.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 799, by Senator Trunzo, Senate Print 2694A, an
14 act authorizing the assessor of the Town of
15 Islip.
16 THE PRESIDENT: Last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57. Nays,
22 1. Senators Bonacic and Larkin recorded in
23 the negative.
24 THE PRESIDENT: The bill is
25 passed.
Candyco Transcription Service, Inc.
(518) 371-8910
3583
1 THE SECRETARY: Calendar Number
2 838, substituted earlier today by Member of
3 the Assembly Bradley, Assembly Print Number
4 3074, an act to amend the Domestic Relations
5 Law.
6 THE PRESIDENT: Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 850, by Senator Skelos, Senate Print 5195, an
16 act to amend the Eminent Domain Procedure Law.
17 THE PRESIDENT: Last section.
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, 58.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
3584
1 871, by Senator Young, Senate Print 5579 --
2 SENATOR WINNER: Lay it aside for
3 the day.
4 THE PRESIDENT: The bill is laid
5 aside for the day.
6 THE SECRETARY: Calendar Number
7 897, by Senator Farley, Senate Print 4799A, an
8 act to amend the Real Property Tax Law.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section, please.
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, 58.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 911, by Senator Morahan, Senate Print 4073, an
21 act requiring the use of politically correct
22 terminology.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910
3585
1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 913, by Senator Morahan, Senate Print 4147, an
10 act to amend the Mental Hygiene Law.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 2. 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, 58.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 944, by Senator Young, Senate Print 4453, an
23 act to amend the Agriculture and Markets Law.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
3586
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, 58.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 946, by Senator Young, Senate Print 4837, an
11 act to amend the Agriculture and Markets Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 7. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 58.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 960, by Senator Padavan, Senate Print 5485, an
23 act to amend the General Municipal Law.
24 THE PRESIDENT: Read the last
25 section.
Candyco Transcription Service, Inc.
(518) 371-8910
3587
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 998, by Senator Maltese --
10 SENATOR WINNER: Lay it aside for
11 the day.
12 THE PRESIDENT: The bill is laid
13 aside for the day.
14 THE SECRETARY: Calendar Number
15 1013, substituted earlier today by Member of
16 the Assembly P. Lopez, Assembly Print Number
17 6552, an act to amend the Tax Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 THE PRESIDENT: The bill is
Candyco Transcription Service, Inc.
(518) 371-8910
3588
1 passed.
2 THE SECRETARY: Calendar Number
3 1016, by Senator Winner, Senate Print 2817, an
4 act to amend the Tax Law.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the 180th day.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE PRESIDENT: Results.
12 THE SECRETARY: Ayes, 57. Nays,
13 1. Senator Duane recorded in the negative.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1023, by Senator Libous, Senate Print 4125, an
18 act to amend the Tax Law.
19 THE PRESIDENT: Read the last
20 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, 58.
Candyco Transcription Service, Inc.
(518) 371-8910
3589
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1031, by Senator Farley, Senate Print 4407, an
5 act to amend the Tax Law.
6 THE PRESIDENT: Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1039, by Senator Fuschillo, Senate Print 3080,
16 an act to amend the Penal Law.
17 THE PRESIDENT: Last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the first of
20 November.
21 THE PRESIDENT: The Secretary
22 will call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 THE PRESIDENT: The bill is
Candyco Transcription Service, Inc.
(518) 371-8910
3590
1 passed.
2 THE SECRETARY: Calendar Number
3 1075, by Senator Griffo, Senate Print Number
4 4047, an act to amend Chapter 335 of the Laws
5 of 2005.
6 THE PRESIDENT: Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 THE PRESIDENT: Calendar Number
13 1075, the bill is passed.
14 THE SECRETARY: Calendar Number
15 1090, by Senator Robach, Senate Print 1702, an
16 act to amend the Correction Law.
17 THE PRESIDENT: Last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of
20 November.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58.
24 THE PRESIDENT: The bill is
25 passed.
Candyco Transcription Service, Inc.
(518) 371-8910
3591
1 THE SECRETARY: Calendar Number
2 1169, by Senator LaValle, Senate Print 5477,
3 an act to amend the Education Law.
4 THE PRESIDENT: Last 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, 58.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1196, by Senator Flanagan, Senate Print 3885,
14 an act to amend the General Municipal Law.
15 THE PRESIDENT: Last 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 SECRETARY: Ayes, 57. Nays,
21 1. Senator Duane recorded in the negative.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1202, by Senator Padavan, Senate Print 81, an
Candyco Transcription Service, Inc.
(518) 371-8910
3592
1 act to amend the Penal Law.
2 THE PRESIDENT: Last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of
5 November.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 1202 are
10 Senators Diaz, Duane, Gonzalez, Perkins and
11 Serrano. Also Senator Hassell-Thompson.
12 Ayes, 52. Nays, 6.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1205, substituted earlier today by Member of
17 the Assembly Aubertine, Assembly Print Number
18 8201, an act to amend the Environmental
19 Conservation Law.
20 THE PRESIDENT: The Secretary
21 will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
3593
1 THE SECRETARY: Ayes, 58.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1216, substituted earlier today by Member of
6 the Assembly Cymbrowitz, Assembly Print Number
7 8214, an act to amend the Environmental
8 Conservation Law.
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, 56. Nays,
16 2. Senators Duane and LaValle recorded in the
17 negative.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1217, substituted earlier today by Member of
22 the Assembly Sweeney, Assembly Print Number
23 8208, an act to amend the Environmental
24 Conservation Law.
25 THE PRESIDENT: Last section.
Candyco Transcription Service, Inc.
(518) 371-8910
3594
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56. Nays,
6 2. Senators Duane and LaValle recorded in the
7 negative.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1226, by Senator Rath, Senate Print 1869, an
12 act to amend the Penal Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 1226 are
21 Senators Duane, Hassell-Thompson, Huntley and
22 Montgomery.
23 Ayes, 54. Nays, 4.
24 THE PRESIDENT: The bill is
25 passed.
Candyco Transcription Service, Inc.
(518) 371-8910
3595
1 THE SECRETARY: Calendar Number
2 1228, by Senator Winner, Senate Print 2123, an
3 act to amend the Penal Law.
4 THE PRESIDENT: Last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 November.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 1228 are
12 Senators Diaz, Dilan, Duane, Gonzalez,
13 Hassell-Thompson, Huntley, L. Krueger,
14 Montgomery, Perkins and Schneiderman.
15 Ayes, 48. Nays, 10.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1230, by Senator Volker, Senate Print 2337, an
20 act to amend the Civil Practice Law and Rules.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the 180th day.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3596
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1241, by Senator Padavan, Senate Print 4209,
7 an act --
8 SENATOR HASSELL-THOMPSON: Lay it
9 aside.
10 THE PRESIDENT: The bill is laid
11 aside.
12 THE SECRETARY: Calendar Number
13 1245, by Senator Fuschillo, Senate Print 5153,
14 an act to amend the Penal Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the first of
19 November.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 58.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
3597
1 1255, by Senator Seward, Senate Print 2085A,
2 an act to amend the Insurance Law.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1261, by Senator DeFrancisco, Senate Print
14 5076A, an act to amend the Insurance Law and
15 the Civil Practice Law and Rules.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 58.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
3598
1 1281, by Senator Maltese, Senate Print 302, an
2 act to amend the Real Property Tax Law.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect June 1, 2008.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1304, by Senator Volker, Senate Print 4631, an
14 act to amend the Court of Claims Act.
15 SENATOR WINNER: Lay it aside for
16 the day.
17 THE PRESIDENT: The bill is laid
18 aside for the day.
19 THE SECRETARY: Calendar Number
20 1310, by Senator DeFrancisco, Senate Print
21 5855, an act to amend the Court of Claims Act.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3599
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1313, by Senator LaValle, Senate Print 4405,
8 an act to amend the Education Law.
9 THE PRESIDENT: Please read the
10 last 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, 58.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1324, by Senator Montgomery, Senate Print
20 3201, an act to amend the Social Services Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 6. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3600
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1331, by Senator Saland, Senate Print 4693, an
7 act to amend the Criminal Procedure Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 30th day.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1345, by Senator Golden, Senate Print 117, an
19 act to amend the Executive Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the first of January
24 next succeeding.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3601
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1353, by Senator Volker, Senate Print 4491, an
7 act to amend the Executive Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1355, by Senator Larkin, Senate Print 4843, an
19 act to amend the Executive Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
3602
1 THE SECRETARY: Ayes, 58.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1361, by Senator Leibell, Senate Print 5642,
6 an act to amend the Executive Law.
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, 58.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1373, by Senator Larkin, Senate Print 4123, an
18 act to authorize the City of Newburgh in the
19 County of Orange.
20 THE PRESIDENT: There is a
21 home-rule message at the desk.
22 Please read the last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3603
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1376, by Senator Golden, Senate Print 4895, an
7 act to amend the Administrative Code of the
8 City of New York and the Retirement and Social
9 Security Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1380, by Senator Nozzolio, Senate Print 324,
21 an act authorizing James J. Colacino to
22 receive.
23 THE PRESIDENT: Last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3604
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1403, by the Senate Committee on Rules, Senate
8 Print 3319, an act to amend Chapter 579 of the
9 Laws of 2004.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 THE SECRETARY: Ayes, 58.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1404, substituted earlier today by Member of
20 the Assembly Molinaro, Assembly Print Number
21 7267, an act to amend the Tax Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3605
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1405, by the Senate Committee on Rules, Senate
8 Print Number 3439, an act to amend the Tax
9 Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1407, by Senator Flanagan, Senate Print 3850,
21 an act to amend the Public Officers Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3606
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1422, by Senator Trunzo, Senate Print 1484, an
8 act to amend the Vehicle and Traffic Law.
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, 58.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1424, by Senator DeFrancisco, Senate Print
20 1823, an act to amend the Navigation Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3607
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1426, substituted earlier today by Member of
7 the Assembly Morelle, Assembly Print Number
8 6604A, an act to amend the Vehicle and Traffic
9 Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1429, by Senator Alesi, Senate Print 4122, an
21 act to amend the Highway Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3608
1 THE PRESIDENT: The Secretary
2 will call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1435, by Senator Robach, Senate Print 1923 --
9 SENATOR WINNER: Lay it aside for
10 the day, please.
11 THE PRESIDENT: This bill is laid
12 aside for the day.
13 THE SECRETARY: Calendar Number
14 1436, by Senator Volker, Senate Print 4254, an
15 act to allow a filing for state aid.
16 THE PRESIDENT: Last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect July 1, 2007.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 58.
22 THE PRESIDENT: The bill is
23 passed.
24 Senator Winner, that completes the
25 noncontroversial reading of the calendar.
Candyco Transcription Service, Inc.
(518) 371-8910
3609
1 What is your pleasure?
2 SENATOR WINNER: We'll stand at
3 ease momentarily, Mr. President.
4 THE PRESIDENT: The Senate will
5 stand at ease.
6 (Whereupon, the Senate stood at
7 ease at 3:50 p.m.)
8 (Whereupon, the Senate reconvened
9 at 3:53 p.m.)
10 THE PRESIDENT: Senator Winner.
11 SENATOR WINNER: Mr. President, I
12 would lay aside for the day Calendar Number
13 1241.
14 THE PRESIDENT: Calendar Number
15 1241 is laid aside for the day.
16 Senator Winner.
17 SENATOR WINNER: For the
18 information of the members, there will be an
19 immediate meeting of the Rules Committee. The
20 Rules Committee will report two bills for
21 action for tomorrow.
22 THE PRESIDENT: There will be an
23 immediate meeting of the Rules Committee in
24 the Majority Conference Room.
25 SENATOR WINNER: After that
Candyco Transcription Service, Inc.
(518) 371-8910
3610
1 action, Mr. President, we'll accept the report
2 of the Rules Committee and adjourn for the
3 day.
4 THE PRESIDENT: Thank you. The
5 Senate stands at ease.
6 (Whereupon, the Senate stood at
7 ease at 3:54 p.m.)
8 (Whereupon, the Senate reconvened
9 at 4:00 p.m.)
10 SENATOR WINNER: Mr. President,
11 may we please return to reports of standing
12 committees.
13 I believe there's a report of the
14 Rules Committee at the desk.
15 ACTING PRESIDENT ROBACH: Thank
16 you, Senator Winner.
17 The Secretary will read.
18 THE SECRETARY: Senator Bruno,
19 from the Committee on Rules, reports the
20 following bills:
21 Senate Print 6015, by Senator
22 Skelos, an act to authorize and direct the
23 Department of Environmental Conservation;
24 And Senate Print 6020, by Senator
25 Bruno, Concurrent Resolution of the Senate and
Candyco Transcription Service, Inc.
(518) 371-8910
3611
1 Assembly proposing amendments to the
2 Constitution.
3 Both bills ordered direct to third
4 reading.
5 ACTING PRESIDENT ROBACH: Senator
6 Winner.
7 SENATOR WINNER: Move to accept
8 the report of the Rules Committee.
9 ACTING PRESIDENT ROBACH: All in
10 favor of accepting the report of the Rules
11 Committee signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT ROBACH:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT ROBACH: The
17 report is accepted.
18 Senator Winner.
19 SENATOR WINNER: Is there any
20 other business at the desk?
21 ACTING PRESIDENT ROBACH: No,
22 there is not.
23 SENATOR WINNER: There being no
24 further business, I move we adjourn until
25 Tuesday, June 5th, at 3:00 p.m.
Candyco Transcription Service, Inc.
(518) 371-8910
3612
1 ACTING PRESIDENT ROBACH: On
2 motion, the Senate stands adjourned until
3 Tuesday, June 5th, at 3:00 p.m.
4 (Whereupon, at 4:01 p.m., the
5 Senate adjourned.)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910