Regular Session - April 3, 2008

                                                            1122



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     April 3, 2008

        11                       1:01 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 all present to rise and join

         5       in reciting the Pledge of Allegiance to the

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT GRIFFO:    In the

        10       absence of clergy, I ask everyone to bow their

        11       heads in a moment of silence.

        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       Wednesday, April 2, the Senate met pursuant to

        18       adjournment.  The Journal of Tuesday, April 1,

        19       was read and approved.  On motion, Senate

        20       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 Skelos.

         8                  SENATOR SKELOS:    Mr. President,

         9       if there are no substitutions at the desk, I'd

        10       like to go to the noncontroversial reading of

        11       the calendar.

        12                  ACTING PRESIDENT GRIFFO:    There

        13       are no substitutions.

        14                  And the Secretary will read.

        15                  Senator Skelos.

        16                  SENATOR SKELOS:    If we could

        17       continue with the noncontroversial calendar.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       30, by Senator Young, Senate Print 389 --

        22                  SENATOR SKELOS:    Lay it aside

        23       temporarily, please.

        24                  ACTING PRESIDENT GRIFFO:    Lay it

        25       aside temporarily.



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         1                  THE SECRETARY:    Calendar Number

         2       54, by Senator Maltese, Senate Print 3256, an

         3       act to amend the Labor Law and the Penal Law,

         4       in relation to certain employment.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 4.  This

         8       act shall take effect on the first of

         9       November.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 39.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       151, by Senator Marcellino --

        18                  SENATOR SKELOS:    Lay it aside

        19       temporarily.

        20                  ACTING PRESIDENT GRIFFO:    Lay it

        21       aside temporarily.

        22                  THE SECRETARY:    Calendar Number

        23       184, by Senator Winner --

        24                  SENATOR SKELOS:    Lay it aside

        25       temporarily.



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         1                  ACTING PRESIDENT GRIFFO:    Lay it

         2       aside temporarily.

         3                  THE SECRETARY:    Calendar Number

         4       431, by Senator Young, Senate Print 6912, an

         5       act to amend the Penal Law, in relation to

         6       prohibiting.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the first of

        11       November.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 39.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       534, by Senator Skelos --

        20                  SENATOR SKELOS:    Lay it aside

        21       temporarily.

        22                  ACTING PRESIDENT GRIFFO:    Lay it

        23       aside temporarily.

        24                  THE SECRETARY:    Calendar Number

        25       536, by Senator Flanagan, Senate Print 845, an



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         1       act to amend the Penal Law, in relation to

         2       definitions.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the first of

         7       November.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 39.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       547, by Senator Padavan --

        16                  SENATOR SKELOS:    Lay it aside

        17       temporarily, please.

        18                  ACTING PRESIDENT GRIFFO:    Lay it

        19       aside temporarily.

        20                  THE SECRETARY:    Calendar Number

        21       557, by Senator Morahan, Senate Print 4006, an

        22       act to amend the Mental Hygiene Law, in

        23       relation to disclosure.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       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, 39.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       633, by Senator Volker, Senate Print 2373, an

        11       act to amend the Penal Law, in relation to

        12       assaults.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the first of

        17       November.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 39.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       647, by Senator Bonacic, Senate Print 5299, an



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         1       act to amend the Penal Law, in relation to

         2       aggravated harassment.

         3                  ACTING PRESIDENT GRIFFO:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the first of

         7       November.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 40.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       650, by Senator Golden, Senate Print 5767, an

        16       act to amend the Penal Law, in relation to

        17       unlawful disclosure.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 90th day.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 40.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       659, by Senator Golden, Senate Print 7064, an

         5       act to amend Chapter 779 of the Laws of 1986

         6       amending the Social Services Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 40.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       666, by Senator DeFrancisco, Senate Print

        19       6657, an act to amend the Navigation Law, in

        20       relation to increasing.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 4.  This

        24       act shall take effect on the first of

        25       November.



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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       DeFrancisco.

         6                  SENATOR DeFRANCISCO:    Yes, I just

         7       want to explain my vote.  I'm sponsoring this

         8       legislation, and I of course vote yes.

         9                  I just want to explain how this

        10       legislation arose and my thoughts behind

        11       sponsoring legislation which would increase

        12       the penalties for leaving the scene of a

        13       boating accident, and the most serious penalty

        14       would be in the event that the accident ended

        15       in serious injury or death.  That offense

        16       would be a D felony now.

        17                  This arose as a result of two

        18       horrific accidents or incidents -- not really

        19       accidents, they were reckless conduct on

        20       behalf of the individuals.  One was on

        21       Skaneateles Lake, where a young man by the

        22       name of John Kelly and a young woman by the

        23       name of Heather Wilkins were struck by another

        24       boater, and the boater and his friends left

        25       the scene of the accident.



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         1                  By the time people learned of the

         2       incident, found the boat, both of the

         3       individuals were dead.  Which possibly could

         4       have been avoided had people gone and reported

         5       the accident when it should have been

         6       reported.  That was on Skaneateles Lake.

         7                  Also, on Oneida Lake, also in

         8       Onondaga County, an older gentleman was

         9       minding his own business fishing, and a very

        10       violent collision occurred.  The other boat

        11       was operated by another young person with

        12       other young people in the boat with him.  He

        13       struck that vehicle in such a violent way

        14       that -- and left the scene, just left.

        15                  And later, when the man was finally

        16       found, he was found dead as well.  There was a

        17       very good chance that that individual could

        18       have been saved in the event that someone had

        19       at least told about the accident.

        20                  So this is a serious business.  And

        21       we've increased the penalties over the years

        22       for incidents like this dealing with motor

        23       vehicles.  And this bill really catches up to

        24       the same situation, which is just as serious

        25       in boating accidents.



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         1                  I vote aye.

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       DeFrancisco to be recorded in the affirmative.

         4                  Announce the results.

         5                  THE SECRETARY:    Ayes, 42.  Nays,

         6       0.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  Senator Skelos.

        10                  SENATOR SKELOS:    If you could

        11       take up Calendar Number 30 that was

        12       temporarily laid aside.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       30, by Senator Young, Senate Print 389, an act

        17       to amend the Criminal Procedure Law, in

        18       relation to permitting.

        19                  ACTING PRESIDENT GRIFFO:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT GRIFFO:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Duane.

         3                  SENATOR DUANE:    Thank you,

         4       Mr. President.

         5                  While certainly I believe that the

         6       goals of this legislation are certainly

         7       laudable, I can't in good conscience vote for

         8       it, because if tragedy should strike my

         9       family, my domestic partner, I would not be

        10       able to read an impact statement, and he would

        11       not be able to read one if something happened

        12       to me.

        13                  And, you know, it's 2008.  And I

        14       think that it's time to really face reality of

        15       what our families look like in New York State.

        16                  And again, while I think the goals

        17       of this legislation are laudable, I really

        18       have to encourage my colleagues to vote in the

        19       negative on it.  Because I think it's time

        20       that we went into the new millennium and

        21       actually treated all the members of this body

        22       with respect and, frankly, equally.

        23                  So I'm going to be voting in the

        24       negative, and I would encourage my colleagues

        25       also to strike a blow for equality and



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         1       fairness and cast your votes in the negative.

         2                  Thank you, Mr. President.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Duane to be recorded in the negative.

         5                  Announce the results.

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 30 are

         8       Senators Adams, Duane, Gonzalez, Huntley,

         9       L. Krueger, C. Kruger, Montgomery, Perkins,

        10       Sabini, Schneiderman and Smith.

        11                  Ayes, 39.  Nays, 11.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  The Secretary will read, in regular

        15       order, the calendar.

        16                  THE SECRETARY:    Calendar Number

        17       151, by Senator Marcellino, Senate Print 616,

        18       an act to amend the Penal Law, in relation to

        19       including.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the first of

        24       November.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Calendar Number 151 are

         5       Senators Montgomery and Perkins.

         6                  Ayes, 48.  Nays, 2.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       184, by Senator Winner, Senate Print 1715, an

        11       act to amend the General Obligations Law, in

        12       relation to processing.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT GRIFFO:

        21       Announce the results.

        22                  THE SECRETARY:    Those recorded in

        23       the negative on Calendar Number 184 are

        24       Senators Adams, Diaz, Gonzalez,

        25       Hassell-Thompson, Huntley, L. Krueger,



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         1       Montgomery, Morahan, Onorato, Perkins, Sabini,

         2       Savino and Stewart-Cousins.

         3                  Ayes, 40.  Nays, 13.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       534, by Senator Skelos, Senate Print 435A, an

         8       act to amend the Penal Law, in relation to

         9       sentencing.

        10                  ACTING PRESIDENT GRIFFO:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 4.  This

        13       act shall take effect on the first of

        14       November.

        15                  ACTING PRESIDENT GRIFFO:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT GRIFFO:

        19       Announce the results.

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 534 are

        22       Senators Adams, Duane, Gonzalez,

        23       Hassell-Thompson, L. Krueger, Montgomery,

        24       Perkins and Schneiderman.

        25                  Ayes, 45.  Nays, 8.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       547, by Senator Padavan, Senate Print 2178, an

         5       act to amend the Penal Law, in relation to

         6       piercing and branding.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect on the first of

        11       November.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT GRIFFO:

        16       Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 547 are

        19       Senators Adams, Duane, Huntley, Montgomery,

        20       Perkins and Schneiderman.

        21                  Ayes, 48.  Nays, 6.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  May I ask for some order in the

        25       house, please.



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         1                  Senator Skelos, that completes the

         2       noncontroversial reading of the calendar.

         3                  Senator Onorato, why do you rise?

         4                  SENATOR ONORATO:    Mr. President,

         5       there will be a conference of the Democrats at

         6       1:30 in Room 315.

         7                  ACTING PRESIDENT GRIFFO:    There

         8       will be a Minority conference at 1:30 in the

         9       Minority Conference Room.

        10                  Senator Skelos.

        11                  SENATOR SKELOS:    If we could just

        12       wait a minute for the members of the Majority.

        13                  I'm not telling you right away.

        14                  (Laughter.)

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Montgomery, why do you rise?

        17                  SENATOR MONTGOMERY:    Yes,

        18       Mr. President.  I just would like the record

        19       to show that had I been in the chamber when

        20       Calendar 536 passed, I would have voted no.

        21                  Thank you.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       record shall so reflect.  Thank you, Senator

        24       Montgomery.

        25                  Senator Connor, why do you rise?



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         1                  SENATOR CONNOR:    Mr. President, I

         2       was absent from the chamber --

         3                  ACTING PRESIDENT GRIFFO:    Excuse

         4       me, Senator.

         5                  May we have order in the house,

         6       please.

         7                  SENATOR CONNOR:    I would like the

         8       record to reflect that had I been here, I

         9       would have voted no on Calendar Number 30.

        10                  Thank you, Mr. President.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       record shall so reflect, Senator Connor.

        13                  Senator Hassell-Thompson, why do

        14       you rise?

        15                  SENATOR HASSELL-THOMPSON:    Thank

        16       you, Mr. President.

        17                  Please let the record reflect that

        18       had I been in the chambers, I would have voted

        19       no on Calendar Number 151, S616.

        20                  ACTING PRESIDENT GRIFFO:    Thank

        21       you, Senator Hassell-Thompson.  The record

        22       shall so reflect.

        23                  SENATOR HASSELL-THOMPSON:    Thank

        24       you.

        25                  ACTING PRESIDENT GRIFFO:    Senator



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         1       Skelos.

         2                  SENATOR SKELOS:    Mr. President,

         3       the Senate will stand at ease until 2:00 p.m.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       Senate will stand at ease until 2:00 p.m.

         6                  The Minority conference is in

         7       Room 315 at 1:30.

         8                  (Whereupon, the Senate stood at

         9       ease at 1:25 p.m.)

        10                  (Whereupon, the Senate reconvened

        11       at 2:19 p.m.)

        12                  ACTING PRESIDENT GRIFFO:    The

        13       Senate will come to order.

        14                  Senator Skelos.

        15                  SENATOR SKELOS:    Mr. President,

        16       there will be a meeting of the Finance

        17       Committee at 2:25 in the Majority Conference

        18       Room.

        19                  If we could stand at ease, please.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       Senate will stand at ease.

        22                  (Whereupon, the Senate stood at

        23       ease at 2:20 p.m.)

        24                  (Whereupon, the Senate reconvened

        25       at 2:33 p.m.)



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Senate will come to order.

         3                  Senator Skelos.

         4                  SENATOR SKELOS:    Mr. President,

         5       if we could return to reports of standing

         6       committees for the report of the Finance

         7       Committee.

         8                  ACTING PRESIDENT GRIFFO:    Reports

         9       of standing committees.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Senator O.

        12       Johnson, from the Committee on Finance,

        13       reports the following bill direct to third

        14       reading:

        15                  Senate Print 6806C, Senate Budget

        16       Bill, an act to amend the Arts and Cultural

        17       Affairs Law and others.

        18                  ACTING PRESIDENT GRIFFO:    Without

        19       objection, the bill is ordered direct to third

        20       reading.

        21                  Senator Skelos.

        22                  SENATOR SKELOS:    Mr. President,

        23       if we could take up Calendar Number 713,

        24       Senate Print 6806C.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       713, Senate Budget Bill, Senate Print 6806C,

         4       an act to amend the Arts and Cultural Affairs

         5       Law and others.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Skelos.

         8                  SENATOR SKELOS:    Is there a

         9       message of necessity at the desk?

        10                  ACTING PRESIDENT GRIFFO:    There

        11       is message at the desk.

        12                  SENATOR SKELOS:    Move to accept.

        13                  ACTING PRESIDENT GRIFFO:    All in

        14       favor of accepting the message please signify

        15       by saying aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT GRIFFO:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT GRIFFO:    The

        21       message is accepted.

        22                  Senator Skelos.

        23                  SENATOR SKELOS:    If we could have

        24       its third reading at this time.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       Secretary will read the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT GRIFFO:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Krueger.

         9                  SENATOR LIZ KRUEGER:    To explain

        10       my vote, Mr. President.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Liz Krueger, to explain her vote.

        13                  SENATOR LIZ KRUEGER:    Thank you.

        14                  Well, yesterday we did the

        15       appropriations bill for public protection and

        16       general government, but it seemed to leave out

        17       lots of the appropriations for general

        18       government.  But we were told we'd do those

        19       later.

        20                  Today we have a language bill which

        21       actually seems to reference appropriations we

        22       didn't make in yesterday's appropriations

        23       bill, but I'm told that we'll do that later,

        24       maybe in another bill.

        25                  This is not the way you do a



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         1       budget, gentlemen and ladies, as I said

         2       yesterday.  We're doing these through messages

         3       of necessity, we're doing them without the

         4       memos on our desks required by the budget

         5       reform law we all passed last year.  We're

         6       doing these prior to determining the revenues

         7       available to the State of New York.

         8                  So in fact, you're functioning

         9       blind on whether or not we have a balanced

        10       budget and our appropriations will match our

        11       revenues.  And you're flying blind on the fact

        12       that we've got language bills that don't match

        13       appropriation bills, but we'll get to them

        14       later.  It's as if we're doing a game of

        15       checkers or hopscotch as opposed to an actual

        16       budget.

        17                  So while, of course, there are some

        18       good things in the language bill, as there

        19       were good things in the appropriations bill --

        20       and no one can always be happy.  But I'd

        21       really like to know what it is we're voting on

        22       before we vote for or against them.  And since

        23       we really can't say, I will vote against this

        24       bill as I voted against last night's

        25       appropriations bill.



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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Krueger to be recorded in the negative.

         4                  Announce the results.

         5                  THE SECRETARY:    Those recorded in

         6       the negative on Calendar Number 713 are

         7       Senators Adams, Hassell-Thompson, L. Krueger,

         8       Perkins and Schneiderman.

         9                  Ayes, 55.  Nays, 5.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       bill is passed.

        12                  Senator Skelos.

        13                  SENATOR SKELOS:    Mr. President,

        14       the Senate will stand at ease until 5:00 p.m.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       Senate will stand at ease until 5:00 p.m.

        17                  (Whereupon, the Senate stood at

        18       ease at 2:38 p.m.)

        19                  (Whereupon, the Senate reconvened

        20       at 5:04 p.m.)

        21                  ACTING PRESIDENT GRIFFO:    The

        22       Senate will come to order.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    President

        25       Griffo, I just wanted to mention that there



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         1       will be an immediate conference of the

         2       Majority in the Majority Conference Room, and

         3       the Senate will stand at ease until 8:00 p.m.

         4       tonight.

         5                  ACTING PRESIDENT GRIFFO:    There

         6       will be an immediate meeting of the Senate

         7       Majority in the Majority Conference Room, and

         8       the Senate will stand at ease until 8:00 p.m.

         9       this evening.

        10                  (Whereupon, the Senate stood at

        11       ease at 5:05 p.m.)

        12                  (Whereupon, the Senate reconvened

        13       at 8:15 p.m.)

        14                  SENATOR SKELOS:    Mr. President.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       Senate will come to order.

        17                  Senator Skelos.

        18                  SENATOR SKELOS:    The Senate will

        19       stand adjourned at the call of the Majority

        20       Leader.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Skelos, the Senate stands adjourned at the

        23       call of the Majority Leader.

        24                  SENATOR SKELOS:    Thank you,

        25       Mr. President.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Senate stands adjourned.

         3                  (Whereupon, at 8:16 p.m., the

         4       Senate adjourned.)

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