Regular Session - April 30, 2008
1695
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 April 30, 2008
11 11:07 a.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JOSEPH ROBACH, Acting President
19 STEVEN M. BOGGESS, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT ROBACH: 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.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT ROBACH: In the
10 absence of clergy, may we bow our heads for a
11 moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT ROBACH: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, April 29, the Senate met pursuant to
18 adjournment. The Journal of Monday, April 28,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT ROBACH: 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 The Secretary will read.
4 THE SECRETARY: Senator Johnson,
5 from the Committee on Finance, reports the
6 following nominations:
7 As a member of the Public
8 Employment Relations Board, Robert Hite, of
9 Albany;
10 As a member of the State
11 Environmental Board, Luis Garden Acosta, of
12 Brooklyn;
13 As a member of the Empire State
14 Plaza Art Commission, Hilary Dunne Ferrone, of
15 Spencertown;
16 As a member of the Central New York
17 State Park, Recreation and Historic
18 Preservation Commission, John D. Marsellus, of
19 Fayetteville;
20 As members of the Finger Lakes
21 State Parks, Recreation and Historic
22 Preservation Commission, Walter David
23 Banfield, of Ithaca; Mary Ann Burns, of
24 Smithboro; Richard Reidy, of Elmira; and Amy
25 H. Wilson, of Elmira;
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1 As a member of the Long Island
2 State Park, Recreation and Historic
3 Preservation Commission, Paul J. Tonna, of
4 Huntington;
5 As a member of the Niagara Frontier
6 State Park, Recreation and Historic
7 Preservation Commission, Lucinda Abbott Letro,
8 of Buffalo;
9 As a member of the State Park,
10 Recreation and Historic Preservation
11 Commission for the City of New York, Janet
12 Felleman, of New York City;
13 As a member of the Saratoga-Capital
14 District State Park, Recreation and Historic
15 Preservation Commission, Mark T. Ryan, of
16 Mechanicville;
17 As members of the Veterans' Affairs
18 Commission, James R. Edgar, of Schenectady;
19 Michelle R. Lindsay, of Stillwater; and Kevin
20 G. McKenna, of Wynantskill;
21 As members of the Mental Health
22 Services, Eli B. Hoch, Ph.D., of Rego Park;
23 Neville B. Morris, of Endwell; and Moira A.
24 Rynn, of Manhattan;
25 As a member of the Board of
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1 Visitors of the New York State Home for
2 Veterans and their Dependents at Batavia,
3 Charles R. Sickmond, of Bergen;
4 As a member of the Board of
5 Visitors of the Central New York Developmental
6 Disabilities Services Office, Roger A. Benn,
7 of Cazenovia;
8 As a member of the Board of
9 Visitors of the St. Lawrence Psychiatric
10 Center, Orman D. Bomyea, of Malone;
11 And as a member of the Board of
12 Visitors of the New York State Home for
13 Veterans and their Dependents at Oxford, John
14 DePersis, of Johnson City.
15 ACTING PRESIDENT ROBACH: Senator
16 O. Johnson, in regard to the nominations.
17 SENATOR OWEN JOHNSON: Move the
18 nominations.
19 ACTING PRESIDENT ROBACH: We will
20 move the nominations as read by the Secretary.
21 All in favor of the nominations signify by
22 saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT ROBACH:
25 Opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT ROBACH: The
3 nominations are therefore confirmed.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Skelos.
9 SENATOR SKELOS: Are there any
10 substitutions at the desk?
11 ACTING PRESIDENT ROBACH: We have
12 two substitutions.
13 SENATOR SKELOS: If we can make
14 them at this time, please.
15 ACTING PRESIDENT ROBACH: The
16 Secretary will read.
17 THE SECRETARY: On page 30,
18 Senator Volker moves to discharge, from the
19 Committee on Codes, Assembly Bill Number 8647C
20 and substitute it for the identical Senate
21 Bill Number 3166F, Third Reading Calendar 637.
22 And on page 37, Senator Volker
23 moves to discharge, from the Committee on
24 Local Government, Assembly Bill Number 8388B
25 and substitute it for the identical Senate
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1 Bill Number 5561B, Third Reading Calendar 776.
2 ACTING PRESIDENT ROBACH: The
3 substitutions are ordered.
4 Senator Skelos.
5 SENATOR SKELOS: Mr. President,
6 if we could adopt the Resolution Calendar at
7 this time.
8 ACTING PRESIDENT ROBACH: All in
9 favor of adopting the Resolution Calendar
10 signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT ROBACH: Any
13 opposed, nay.
14 (No response.)
15 ACTING PRESIDENT ROBACH: The
16 Resolution Calendar is adopted.
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 if we could go to the noncontroversial reading
20 of the calendar.
21 ACTING PRESIDENT ROBACH: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 449, by Senator Larkin, Senate Print 4497A, an
25 act to direct the Commissioner of Education.
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1 ACTING PRESIDENT ROBACH: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT ROBACH: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 46.
9 ACTING PRESIDENT ROBACH: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 453, by Senator Bonacic, Senate Print 6455A,
13 an act authorizing the Commissioner of
14 Education to disregard a reduction.
15 ACTING PRESIDENT ROBACH: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT ROBACH: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 47.
23 ACTING PRESIDENT ROBACH: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 456, by Senator Seward, Senate Print 6985, an
2 act providing for the creation of a temporary
3 special advisory panel.
4 ACTING PRESIDENT ROBACH: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ROBACH: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 47.
12 ACTING PRESIDENT ROBACH: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 500, by Senator Maziarz, Senate Print 2308, an
16 act to amend the Environmental Conservation
17 Law, in relation to regulatory program fees.
18 ACTING PRESIDENT ROBACH: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT ROBACH: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 47.
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1 ACTING PRESIDENT ROBACH: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 522, by Senator Bonacic, Senate Print 6903A,
5 an act to amend the Highway Law, in relation
6 to designating.
7 ACTING PRESIDENT ROBACH: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 48.
15 ACTING PRESIDENT ROBACH: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 637, substituted earlier by Member of the
19 Assembly Weinstein, Assembly Print Number
20 8647C, an act to amend the Civil Practice Law
21 and Rules, in relation to orders of
22 attachment.
23 ACTING PRESIDENT ROBACH: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the first of January
2 next succeeding.
3 ACTING PRESIDENT ROBACH: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 48.
7 ACTING PRESIDENT ROBACH: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 703, by Senator Libous, Senate Print 3570, an
11 act to amend the Public Authorities Law, in
12 relation to conforming.
13 ACTING PRESIDENT ROBACH: Read
14 the last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect on the 120th day.
17 ACTING PRESIDENT ROBACH: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT ROBACH: Senator
21 Duane, to explain his vote.
22 SENATOR DUANE: Thank you,
23 Mr. President.
24 I'm going to vote against this bill
25 because one of the provisions allows for the
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1 suspension of a car's registration due to
2 unpaid toll collections.
3 You know, many New Yorkers are
4 living in one-car families. And particularly
5 with the increased price of gasoline, I think
6 it's going to become even more prevalent as
7 time goes on. But even today, many
8 New Yorkers live in a one-car family. And if
9 we take away the registration for a car, it
10 means that family members may not be able to
11 go to work or a doctor's appointment or to
12 bring a child to daycare.
13 And, you know, I don't care if we
14 charge fines for not paying tolls. But the
15 harshness of taking away a registration and
16 the potentially devastating economic impact
17 that could have on an entire family I think is
18 too harsh.
19 So I'm going to be voting no on
20 this bill, with the hope that at least the
21 provision of the removal of the registration
22 will be taken away, and then I could in good
23 conscience vote for it. But to make it
24 impossible for a family to use a car for
25 health reasons or for a job I think is just
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1 not appropriate.
2 So I'll be voting no, and I do urge
3 my colleagues also to vote no.
4 Thank you, Mr. President.
5 ACTING PRESIDENT ROBACH: Senator
6 Duane, you will be recorded in the negative.
7 Announce the results.
8 THE SECRETARY: Ayes, 49. Nays,
9 2. Senators Adams and Duane recorded in the
10 negative.
11 ACTING PRESIDENT ROBACH: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 745, by Senator Sampson, Senate Print 115, an
15 act to amend the Penal Law, in relation to
16 changing sexual abuse in the second degree.
17 ACTING PRESIDENT ROBACH: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT ROBACH: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 51.
25 ACTING PRESIDENT ROBACH: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 776, substituted earlier today by Member of
4 the Assembly Gabryszak, Assembly Print Number
5 8388B, an act to authorize the County of Erie.
6 ACTING PRESIDENT ROBACH: A
7 home-rule message is at the desk.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 51.
15 ACTING PRESIDENT ROBACH: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 784, by Senator DeFrancisco, Senate Print
19 6951, an act to amend the Real Property Tax
20 Law, in relation to volunteer firefighters.
21 ACTING PRESIDENT ROBACH: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT ROBACH: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 51.
4 ACTING PRESIDENT ROBACH: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 790, by Senator LaValle, Senate Print 815, an
8 act to amend the Mental Hygiene Law, in
9 relation to a pilot program.
10 ACTING PRESIDENT ROBACH: Read
11 the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT ROBACH: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 52. Nays,
18 1. Senator L. Krueger recorded in the
19 negative.
20 ACTING PRESIDENT ROBACH: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 792, by Senator Rath, Senate Print 2964, an
24 act to amend the Alcoholic Beverage Control
25 Law, in relation to unlawful possession.
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1 ACTING PRESIDENT ROBACH: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 180th day.
5 ACTING PRESIDENT ROBACH: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 53.
9 ACTING PRESIDENT ROBACH: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 810, by Senator Volker, Senate Print 5763, an
13 act to amend the Criminal Procedure Law, in
14 relation to post-indictment issuance.
15 ACTING PRESIDENT ROBACH: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT ROBACH: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 53.
23 ACTING PRESIDENT ROBACH: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 814, by Senator DeFrancisco, Senate Print
2 7446, an act to amend the Executive Law, in
3 relation to missing and vulnerable adults.
4 ACTING PRESIDENT ROBACH: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ROBACH: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 53.
12 ACTING PRESIDENT ROBACH: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 829, by Senator Maltese, Senate Print 808, an
16 act to amend the Public Officers Law, in
17 relation to the residence of deputy sheriffs.
18 ACTING PRESIDENT ROBACH: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT ROBACH: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 53.
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1 ACTING PRESIDENT ROBACH: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 835, by Senator Lanza, Senate Print 4381, an
5 act to amend the Penal Law, in relation to
6 criminal street gang recruitment.
7 ACTING PRESIDENT ROBACH: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the 60th day.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 51. Nays,
15 2. Senators Duane and Montgomery recorded in
16 the negative.
17 ACTING PRESIDENT ROBACH: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 850, by Senator Trunzo, Senate Print 886, an
21 act to amend the Vehicle and Traffic Law, in
22 relation to speeding.
23 ACTING PRESIDENT ROBACH: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 180th day.
2 ACTING PRESIDENT ROBACH: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 51. Nays,
6 2. Senators Duane and Montgomery recorded in
7 the negative.
8 ACTING PRESIDENT ROBACH: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 852, by Senator Padavan, Senate Print 1844, an
12 act to amend the Vehicle and Traffic Law and
13 the Administrative Code of the City of
14 New York, in relation to conversion.
15 ACTING PRESIDENT ROBACH: A local
16 fiscal impact note is at the desk.
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT ROBACH: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 55.
24 ACTING PRESIDENT ROBACH: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 853, by Senator Larkin, Senate Print 1919, an
3 act to amend the Vehicle and Traffic Law, in
4 relation to tow truck operator safety.
5 ACTING PRESIDENT ROBACH: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT ROBACH: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT ROBACH: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 854, by Senator Fuschillo, Senate Print 4296,
17 an act to amend the Vehicle and Traffic Law,
18 in relation to establishing.
19 ACTING PRESIDENT ROBACH: A
20 home-rule message is at the desk.
21 Read the last section.
22 THE SECRETARY: Section 7. This
23 act shall take effect immediately.
24 ACTING PRESIDENT ROBACH: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 55.
3 ACTING PRESIDENT ROBACH: The
4 bill is passed.
5 Senator Volker, that completes the
6 reading of the noncontroversial calendar.
7 SENATOR VOLKER: Is there any
8 further business at the desk?
9 ACTING PRESIDENT ROBACH: There
10 is not.
11 SENATOR VOLKER: There being no
12 further business, I move we adjourn until
13 Monday, May 5th, at 3:00 p.m., intervening
14 days being legislative days.
15 ACTING PRESIDENT ROBACH: On
16 motion, the Senate stands adjourned until
17 Monday, May 5th, at 3:00 p.m., intervening
18 days being legislative days.
19 (Whereupon, at 11:23 a.m., the
20 Senate adjourned.)
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