Regular Session - March 10, 2008

                                                            622



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 10, 2008

        11                       3:44 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOSEPH A. GRIFFO, 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 GRIFFO:    The

         3       Senate will come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT GRIFFO:    In the

        10       absence of clergy today, I ask that we bow our

        11       heads in a moment of silent prayer.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT GRIFFO:    The

        15       reading of the Journal.

        16                  THE SECRETARY:    In Senate,

        17       Friday, March 7, the Senate met pursuant to

        18       adjournment.  The Journal of Thursday,

        19       March 6, was read and approved.  On motion,

        20       Senate adjourned.

        21                  ACTING PRESIDENT GRIFFO:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Little.

         8                  SENATOR LITTLE:    Thank you,

         9       Mr. President.

        10                  On behalf of Senator DeFrancisco,

        11       on page 19 I offer the following amendments to

        12       Calendar Number 191, Senate Print Number 36,

        13       and ask that said bill retain its place on

        14       Third Reading Calendar.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       amendments are received and adopted, and the

        17       bill will retain its place on Third Reading

        18       Calendar.

        19                  SENATOR LITTLE:    Thank you.

        20                  On behalf of Senator Alesi, on page

        21       number 16 I offer the following amendments to

        22       Calendar Number 134, Senate Print Number

        23       6634A, and ask that said bill retain its place

        24       on Third Reading Calendar.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       amendments are received and adopted, and the

         2       bill will retain its place on Third Reading

         3       Calendar.

         4                  SENATOR LITTLE:    Thank you.

         5                  On behalf of Senator Robach, a

         6       motion to amend a bill recalled from the

         7       Assembly.  I wish to call up Bill Print Number

         8       2983, recalled from the Assembly, which is now

         9       at the desk.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       119, by Senator Robach, Senate Print 2983, an

        14       act to amend the Retirement and Social

        15       Security Law.

        16                  SENATOR LITTLE:    Mr. President, I

        17       now move to reconsider the vote by which this

        18       bill was passed.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       Secretary will call the roll on

        21       reconsideration.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 44.

        24                  SENATOR LITTLE:    Mr. President, I

        25       now offer the following amendments.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       amendments are received and adopted.

         3                  Senator Skelos.

         4                  SENATOR SKELOS:    Mr. President,

         5       can we go to the noncontroversial reading of

         6       the calendar.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       Secretary will read.

         9                  THE SECRETARY:    Calendar Number

        10       187, by Senator Rath, Senate Print 2992, an

        11       act to amend the Real Property Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 56.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       188, by Senator Winner, Senate Print 3228, an

        25       act to amend the Uniform Justice Court Act and



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         1       the Town Law.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT GRIFFO:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 56.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       252, by Senator Lanza --

        14                  SENATOR SKELOS:    Lay it aside,

        15       please.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is laid aside.

        18                  THE SECRETARY:    Calendar Number

        19       264, by Senator --

        20                  SENATOR SKELOS:    Lay it aside,

        21       please.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is laid aside.

        24                  THE SECRETARY:    Calendar Number

        25       266, by Senator Farley, Senate Print 1684A, an



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         1       act to amend the Public Authorities Law, in

         2       relation to construction and financing.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 5.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT GRIFFO:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 56.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       289, by Senator Larkin --

        15                  SENATOR SKELOS:    Lay it aside,

        16       please.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       294, by Senator Fuschillo, Senate Print 2358,

        21       an act to amend the Judiciary Law, in relation

        22       to practicing.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 3.  This



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         1       act shall take effect on the 60th day.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       298, by Senator Larkin, Senate Print 3880, an

        10       act to amend the Surrogates Court Procedure

        11       Act, in relation to expanding.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 8.  This

        15       act shall take effect on the first of January

        16       next succeeding.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 56.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       299, by Senator DeFrancisco, Senate Print

        25       4876, an act to amend the Estates, Powers and



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         1       Trusts Law, in relation to order.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT GRIFFO:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 56.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       325, by Senator Volker, Senate Print 6747 --

        14                  SENATOR VOLKER:    Mr. President,

        15       would you lay that bill aside for the day,

        16       please.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is laid aside for the day.

        19                  THE SECRETARY:    Calendar Number

        20       334, by Senator Griffo, Senate Print 6837, an

        21       act granting a full-time police officer

        22       position.

        23                  ACTING PRESIDENT GRIFFO:    There

        24       is a home-rule message at the desk.

        25                  Read the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 56.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       340, by Senator Libous, Senate Print 3550, an

        11       act to amend the Vehicle and Traffic Law, in

        12       relation to certification.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the 30th day.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 56.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       397, by Senator Nozzolio, Senate Print 3612,

        25       an act to amend the Correction Law and the



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         1       Executive Law, in relation to released

         2       inmates' records.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the first of

         7       September.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 57.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  Senator Skelos, that completes the

        15       reading of the noncontroversial calendar.

        16                  SENATOR SKELOS:    Mr. President,

        17       can we return to motions and resolutions.  I

        18       believe there's an announcement.

        19                  ACTING PRESIDENT GRIFFO:    Motions

        20       and resolutions.

        21                  SENATOR SKELOS:    Mr. President.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Skelos.

        24                  SENATOR SKELOS:    Has the desk

        25       received an announcement from the Assembly?



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         1                  ACTING PRESIDENT GRIFFO:    We

         2       have, and it is filed in the Journal Clerk's

         3       office, Senator Skelos.

         4                  SENATOR SKELOS:    Thank you.

         5                  Is there any further business at

         6       the desk?

         7                  ACTING PRESIDENT GRIFFO:    There

         8       is no further business before the desk at this

         9       time, Senator Skelos.

        10                  SENATOR SKELOS:    There being

        11       none, I move we stand adjourned until Tuesday,

        12       March 11th, at 3:00 p.m.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       three bills that were laid aside have been

        15       laid aside for the day.

        16                  On motion, the Senate stands

        17       adjourned until Tuesday, March 11th, at

        18       3:00 p.m.

        19                  (Whereupon, at 3:52 p.m., the

        20       Senate adjourned.)

        21

        22

        23

        24

        25



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