Regular Session - May 21, 2008
2357
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 21, 2008
11 11:07 a.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 please rise
5 and join me in reciting 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: Today I
10 ask that we all bow our heads in a moment of
11 silence as we pay tribute and remember those
12 who served this great country, and our law
13 enforcement community who are with us today.
14 (Whereupon, the assemblage
15 respected a moment of silence.)
16 ACTING PRESIDENT GRIFFO: The
17 reading of the Journal.
18 THE SECRETARY: In Senate,
19 Tuesday, May 20, the Senate met pursuant to
20 adjournment. The Journal of Monday, May 19,
21 was read and approved. On motion, Senate
22 adjourned.
23 ACTING PRESIDENT GRIFFO: Without
24 objection, the Journal stands approved as
25 read.
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1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 there will be an immediate meeting of the
4 Rules Committee in the Majority Conference
5 Room.
6 ACTING PRESIDENT GRIFFO: There
7 will be an immediate meeting of the Rules
8 Committee in the Majority Conference Room.
9 The Senate stands at ease.
10 (Whereupon, the Senate stood at
11 ease at 11:09 a.m.)
12 (Whereupon, the Senate reconvened
13 at 11:23 a.m.)
14 ACTING PRESIDENT GRIFFO: The
15 Senate will come to order.
16 Senator Skelos.
17 SENATOR SKELOS: Thank you,
18 Mr. President. If we could continue with
19 session now.
20 ACTING PRESIDENT GRIFFO: Thank
21 you, Senator Skelos.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
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1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Bonacic.
6 SENATOR BONACIC: Thank you,
7 Mr. President.
8 Amendments are offered to the
9 following Third Reading Calendar bills.
10 Sponsored by Senator Winner,
11 page number 62, Calendar Number 896, Senate
12 Print Number 6151.
13 By Senator Leibell, page number 83,
14 Calendar Number 1194, Senate Print Number
15 7830.
16 And the third one is also by
17 Senator Leibell, page 83, Calendar Number
18 1195, Senate Print Number 7879.
19 ACTING PRESIDENT GRIFFO: Thank
20 you, Senator Bonacic.
21 The amendments are received and
22 adopted, and the bills will retain their place
23 on the Third Reading Calendar.
24 SENATOR BONACIC: Thank you,
25 Mr. President.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Duane.
3 SENATOR DUANE: Thank you,
4 Mr. President.
5 I move that the following bill be
6 discharged from its committee and be
7 recommitted with instructions to strike the
8 enacting clause: S7114, on behalf of Senator
9 Sabini.
10 ACTING PRESIDENT GRIFFO: So
11 ordered.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 Resolution 6050, by Senator Little, is at the
15 desk. If we could have the title read and
16 move for its immediate adoption.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will read.
19 THE SECRETARY: By Senator
20 Little, Legislative Resolution Number 6050,
21 honoring Technical Sergeant Douglas J.
22 Wildermuth upon the occasion of his
23 designation as recipient of the George M.
24 Searle Memorial Award at the 32nd Annual State
25 Police Awards Day Ceremony on May 28, 2008.
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1 ACTING PRESIDENT GRIFFO: The
2 question is on the resolution. All in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT GRIFFO: The
9 resolution is adopted.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 Resolution 6051 is at the desk, by Senator
13 Little. If we could have the title read and
14 move for its immediate adoption.
15 ACTING PRESIDENT GRIFFO: The
16 Secretary will read.
17 THE SECRETARY: By Senator
18 Little, Legislative Resolution Number 6051,
19 honoring the Warren-Washington Association for
20 Mental Health, Inc., upon the occasion of its
21 60th anniversary, to be celebrated May 27,
22 2008.
23 ACTING PRESIDENT GRIFFO: The
24 question is on the resolution. All in favor
25 signify by saying aye.
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1 (Response of "Aye.")
2 ACTING PRESIDENT GRIFFO:
3 Opposed, nay.
4 (No response.)
5 ACTING PRESIDENT GRIFFO: The
6 resolution is adopted.
7 Senator Skelos.
8 SENATOR SKELOS: Mr. President,
9 Resolution 6052, by Senator Larkin, is at the
10 desk. If we could have it read in its
11 entirety, move for its immediate adoption, and
12 open it up for cosponsorship.
13 ACTING PRESIDENT GRIFFO: The
14 Secretary shall read.
15 THE SECRETARY: By Senator
16 Larkin, Legislative Resolution Number 6052,
17 calling for the observance of the National
18 Moment of Remembrance in the State of New York
19 on Memorial Day.
20 "WHEREAS, The National Moment of
21 Remembrance, established by the United States
22 Congress, asks Americans to pause for one
23 minute in an act of national unity wherever
24 they are at 3:00 p.m. on Memorial Day, May 26,
25 2008, to honor those who died for our freedom;
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1 and
2 "WHEREAS, This moment of
3 remembrance does not replace other traditional
4 Memorial Day events. Rather, it is an act of
5 national unity in which all Americans, whether
6 alone, with family and friends, or with a
7 stranger, can help to reclaim Memorial Day as
8 the sacred and noble holiday it was meant to
9 be; and
10 "WHEREAS, Memorial Day is a day of
11 remembrance for the deceased veterans of our
12 armed services. In remembering them, we
13 recall their brave and noble deeds, which, in
14 the more than 200 years of the existence of
15 the United States, have served to preserve our
16 most prized freedoms; and
17 "WHEREAS, By observing a moment of
18 silence, in shared remembrance we connect as
19 Americans and provide all New Yorkers with the
20 opportunity to honor the veterans of New York
21 and all states, as well as the 1.2 million men
22 and women who have given their lives in
23 defense of our great nation; and
24 "WHEREAS, In encouraging Americans
25 to participate in this act of national unity,
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1 we not only demonstrate gratitude and respect
2 for those who have served, for those who have
3 died, and for those who continue to serve, we
4 provide a sense of history for our citizens
5 and help our younger generation understand the
6 sacrifices made on their behalf, that the
7 memory of these heroes may remain forever with
8 us; now, therefore, be it
9 "RESOLVED, That this Legislative
10 Body pause in its deliberations to call for
11 the observation of the National Moment of
12 Remembrance in the State of New York on
13 Memorial Day."
14 ACTING PRESIDENT GRIFFO: Senator
15 Larkin.
16 SENATOR LARKIN: Thank you,
17 Mr. President.
18 My colleagues, it's an honor to
19 speak today in favor of this resolution. Many
20 of us will look at Memorial Day and think,
21 what's for sale today? What bargains can I
22 get? What time are the stores open? And what
23 time are the early special dinners?
24 But you know, we have some young
25 men here joining us today who fought in World
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1 War II, Korea, Vietnam, and Iraq. That is why
2 we're asking people for the State of New York
3 to join our fellow Americans across this great
4 nation in a moment of silence at 3:00 p.m. on
5 Monday the 26th.
6 I urge all of my fellow Senators,
7 many of whom, like myself, are veterans -- or
8 if you aren't a veteran, somebody within your
9 household has served some time in combat, or
10 just in a Cold War situation. But it's very
11 important that we don't let a day like this
12 pass by.
13 I read an article in USA Today that
14 said that less than 28 percent of Americans
15 understand what Memorial Day is all about. It
16 was about the flowers that were put on graves
17 after the Civil War.
18 So I think it's important that we
19 take a few moments and reflect. You can look
20 at these young men, from my good friend George
21 Lowe, World War II, to these young two
22 troopers on the right over here who are Iraq
23 people.
24 This is important. But too often
25 the sacrifices that these men and women have
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1 made go by without anybody recognizing. It's,
2 well, there's a parade today, but I think I
3 can go buy those new shoes, or I've got to
4 take the baby to get new diapers, or something
5 else. But without the men and women that
6 we've had who have made that sacrifice, you
7 wouldn't have that opportunity to go and shop.
8 I ask you to take a moment at
9 3:00 p.m. on Monday and reflect on what
10 Memorial Day really means. It's not a
11 holiday; it's a time to remember those who
12 have made the supreme sacrifice, and others.
13 Thank you very much, Mr. President.
14 ACTING PRESIDENT GRIFFO: Thank
15 you, Senator Larkin.
16 We wish to extend our gratitude and
17 appreciation and warm welcome to the veterans
18 who are here today, both active and retired.
19 Thank you for your service.
20 (Extended applause.)
21 ACTING PRESIDENT GRIFFO: The
22 question is on the resolution. All in favor
23 signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT GRIFFO:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT GRIFFO: The
4 resolution is adopted.
5 And Senator Larkin has opened up
6 the resolution for cosponsorship. If you
7 choose not to be a cosponsor, please indicate
8 by notifying the desk.
9 Senator Skelos.
10 SENATOR SKELOS: If we could go
11 to the noncontroversial reading of the
12 calendar.
13 ACTING PRESIDENT GRIFFO: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 889, by the Senate Committee on Rules, Senate
17 Print 5988, an act to amend the Hudson River
18 Park Act, in relation to authorizing.
19 ACTING PRESIDENT GRIFFO: Read
20 the last section.
21 THE SECRETARY: Section 3. 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 I want to make just a couple of
6 points as I cast my vote on this legislation.
7 First of all, the entire debate on
8 this issue and where the siting of a waste
9 transfer station should occur is all in my
10 district -- the alienation of the parkland and
11 also where the transfer sites could
12 potentially go.
13 Just very briefly, as I explained,
14 the city has always known that the site that
15 they would like to put the transfer station is
16 an illegal location because it violates our
17 state's Hudson River Park Act.
18 The city also knows that, because
19 of a court-sanctioned settlement, they had to
20 remove all sanitation facilities from the
21 Gansevoort Peninsula and they could not even
22 begin construction there till, at the
23 earliest, the end of 2012. So that would
24 delay the siting of a transfer station.
25 My colleagues on the West Side of
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1 Manhattan and numerous community groups have
2 proposed alternative sites in our backyards in
3 my district that would in fact be able to
4 transfer larger amounts of garbage. And yet,
5 unfortunately, the city has refused to look at
6 our alternative locations in good faith.
7 I circulated a letter to everyone,
8 so I won't go on more about that. But I
9 just -- if anyone had any questions about it,
10 they could look at the study which we had
11 commissioned by Halcrow, which actually was
12 vetted by another engineering company,
13 McLaren, which the city itself has used, which
14 shows that we are right about using the tow
15 pound at Pier 76 as a waste transfer site, a
16 better location than Gansevoort peninsula.
17 I implore the Mayor and the City
18 Council to revisit this part of their solid
19 waste transfer plan. We have a better plan.
20 We would get more trucks off the streets of
21 neighborhoods that have been the most severely
22 and negatively impacted by the city's garbage
23 policies in the past. It's a better plan.
24 It's better for the City of New York.
25 And I encourage my colleagues to
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1 vote no, and I implore the Mayor and the City
2 Council to take a real look at our
3 alternative, because it will help to get more
4 garbage and trucks off the streets of the most
5 negatively impacted neighborhoods.
6 I vote no, Mr. President, and I
7 urge my colleagues also to vote in the
8 negative.
9 Thank you.
10 ACTING PRESIDENT GRIFFO: Senator
11 Duane to be recorded in the negative.
12 Senator Diaz, to explain his vote.
13 SENATOR DIAZ: Thank you,
14 Mr. President.
15 This is one of those occasions
16 where I can stand up here and be proud of
17 voting yes, voting yes because we in the
18 minority community, the black and Hispanic
19 community, has always been the dumping ground
20 for all -- for everybody else's garbage.
21 We in the Bronx, Brooklyn, Queens,
22 we have taken Manhattan garbage for years and
23 years and years. So we have been taking the
24 garbage from everyone. Some time ago they
25 were supposed to build 11 miniplants. They
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1 studied 60 places in the state to build 11
2 miniplants. So they studied 60 places. Out
3 of the 11 plants, they chose seven places in
4 the black and Hispanic community. Out of the
5 11 miniplants, seven were built were built in
6 black and Hispanic areas, four of them in the
7 Bronx.
8 Manhattan has no one, Manhattan has
9 no transfer station plant, nothing at all.
10 This is the first time that Manhattan is going
11 to get -- will take care of their own garbage
12 and stop trucks coming to the Bronx, coming
13 from Manhattan. They're saying that 13,600
14 less trucks will be going to the Bronx and to
15 other areas with this plan.
16 So Mayor Bloomberg is doing a good
17 thing by calling for this. Even Christine
18 Quinn, the City Council president that this
19 plant would be built in her own district, is
20 supporting this.
21 So, ladies and gentlemen, stop the
22 discrimination against the black and Hispanic
23 community. It's about time that we protect
24 our black and Hispanic community and minority
25 areas and that Manhattan, for the first time
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1 ever, takes care of their own garbage and
2 don't dump it on us in the Bronx and Brooklyn
3 and Staten Island and Queens.
4 So I am proudly, proudly voting yes
5 on this one. Thank you.
6 ACTING PRESIDENT GRIFFO: Senator
7 Diaz to be recorded in the affirmative.
8 Senator Perkins, to explain his
9 vote.
10 SENATOR PERKINS: Thank you,
11 Mr. President. I'm going to be brief.
12 First I want to make it clear that
13 there is in Manhattan a waste treatment plant
14 in northern Manhattan, in the district that I
15 share with State Senator Eric Schneiderman.
16 However, the point that my
17 colleague has been making is a very, very
18 important point, in that communities of color
19 have been discriminated against over the years
20 with regard to whose garbage is being dumped
21 in whose community. And invariably,
22 communities of color have been the victims of
23 the garbage dumping.
24 Unfortunately, to delay is to dump
25 and to potentially dump this garbage in places
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1 that we are trying to prevent them from being
2 dumped, and that is, again, communities of
3 color.
4 In a rare instance, all the
5 environmental justice groups throughout the
6 city, throughout the state, practically, are
7 united around one fact, that this is the best
8 solution. Unfortunately, it happens to be in
9 one of my colleague's districts. But there is
10 universal agreement that this is the best
11 solution.
12 This, by the way, happens to be the
13 second part of a two-stage situation which
14 began when I was in the City Council and
15 another treatment plant was sited, I'm sorry
16 to say, on the East Side, in an area
17 represented by another colleague of mine.
18 But again, this was absolutely
19 necessary in order to avoid perpetuating the
20 racist dumping in communities of color.
21 So I'm here to support -- I want
22 to, for the record, vote aye on this and
23 encourage my colleagues to do the same. And
24 hopefully, after we get past this, we can
25 begin to come up with better solutions such
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1 that none of our communities have to be
2 victimized. But surely we have to break the
3 historic pattern that has allowed communities
4 like the ones that I represent to be the
5 dumping grounds.
6 I vote aye.
7 ACTING PRESIDENT GRIFFO: Senator
8 Perkins to be recorded in the affirmative.
9 Senator Krueger, to explain her
10 vote.
11 SENATOR LIZ KRUEGER: Thank you,
12 Mr. President.
13 I rise in follow-up to Senator
14 Duane, and my esteemed colleagues Senator Diaz
15 and Senator Perkins, to clarify as I vote no
16 on this bill that in fact the issues they
17 raise about dumping on communities of color
18 are real issues. The unequal distribution of
19 pollution in communities of color is a very
20 real issue.
21 But I would highlight from Senator
22 Duane's presentation and my own familiarity
23 with the issue, he's not asking for a marine
24 transfer station not to be put in his
25 district. He's saying there's an alternative
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1 site in his own district, I believe it's only
2 10 blocks away, that has been supported by the
3 community as an alternative site and in fact
4 has been shown that could be done more quickly
5 than the Mayor's proposal.
6 So I would argue here today that if
7 the City of New York had spent the last two
8 years just doing the evaluation on the
9 alternative site that the community and the
10 elected officials have called for -- again,
11 within their own district -- that we wouldn't
12 even need to stand here and debate this. We
13 would have an alternative site within Senator
14 Duane's district in Manhattan -- not also in a
15 community of color -- that would be up and
16 running sooner than the Mayor's proposal. So
17 I don't want us to get confused on what the
18 actual discussion is.
19 I vote no on this bill, and I wish
20 that the City of New York would simply do what
21 we've been asking them: Take a look at the
22 alternative site 10 blocks away.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Liz Krueger to be recorded in the negative.
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1 Announce the results.
2 THE SECRETARY: Those recorded in
3 the negative on Calendar Number 889 are
4 Senators Aubertine, Breslin, Connor, Duane,
5 Huntley, C. Johnson, Klein, L. Krueger,
6 Oppenheimer, Parker, Sampson, Schneiderman,
7 Stavisky, Thompson and Valesky.
8 Ayes, 42. Nays, 15.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1090, by Senator Morahan, Senate Print 4438A,
13 an act to amend the Mental Hygiene Law, in
14 relation to establishing.
15 ACTING PRESIDENT GRIFFO: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT GRIFFO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT GRIFFO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1215, by Senator Winner, Senate Print 3231A,
2 an act to amend the General Municipal Law, in
3 relation to municipal annexation.
4 ACTING PRESIDENT GRIFFO: Read
5 the last section.
6 THE SECRETARY: Section 7. This
7 act shall take effect immediately.
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 THE SECRETARY: Calendar Number
15 1216, by Senator Winner, Senate Print 3232, an
16 act to amend the General Municipal Law, in
17 relation to authorizing.
18 ACTING PRESIDENT GRIFFO: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately on the first
22 of July.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1218, by Senator Young, Senate Print 3846, an
6 act relating to the filing of documentation
7 for the implementation or expansion of a
8 coordinated assessment program.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1221, by Senator Little, Senate Print 7539, an
21 act to amend the Real Property Tax Law and
22 others, in relation to making technical and
23 clarifying amendments.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 17. 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, 57.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1223, by Senator DeFrancisco, Senate Print --
11 SENATOR LEIBELL: Lay it aside
12 for the day, please.
13 ACTING PRESIDENT GRIFFO: Lay it
14 aside for the day.
15 THE SECRETARY: Calendar Number
16 1228, by Senator Farley, Senate Print 5288B,
17 an act to authorize the Town of Caroga, County
18 of Fulton.
19 ACTING PRESIDENT GRIFFO: There
20 is a home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 7. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT GRIFFO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1231, by Senator Rath, Senate Print 7558A, an
7 act to amend the Parks, Recreation and
8 Historic Preservation Law, in relation to
9 developing.
10 ACTING PRESIDENT GRIFFO: Read
11 the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1233, by Senator Young, Senate Print 440, an
22 act to amend the Education Law, in relation to
23 required 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 on the 180th today.
3 ACTING PRESIDENT GRIFFO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 1233 are
8 Senators Duane and Huntley.
9 Ayes, 55. Nays, 2.
10 ACTING PRESIDENT GRIFFO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1235, by Senator Morahan, Senate Print 2440,
14 an act to amend the Education Law, in relation
15 to tuition-free courses.
16 ACTING PRESIDENT GRIFFO: Read
17 the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the first of January
20 next succeeding.
21 ACTING PRESIDENT GRIFFO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1237, by Senator Trunzo, Senate Print 3048, an
4 act to amend the Education Law, in relation to
5 scholarships for academic excellence.
6 ACTING PRESIDENT GRIFFO: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first of August.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1239, by Senator LaValle, Senate Print 3673,
18 an act to amend the Education Law, in relation
19 to volunteer recruitment.
20 ACTING PRESIDENT GRIFFO: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 120th day.
24 ACTING PRESIDENT GRIFFO: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT GRIFFO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1240, by Senator LaValle, Senate Print 3905,
7 an act to amend the Education Law, in relation
8 to meetings of councils.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 Senator Leibell, that completes the
20 noncontroversial reading of the calendar.
21 SENATOR LEIBELL: Mr. President,
22 if we can return to reports of standing
23 committees, please, and read the report of the
24 Rules Committee.
25 ACTING PRESIDENT GRIFFO: Reports
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1 of standing committees.
2 The Secretary will read.
3 THE SECRETARY: Senator Bruno,
4 from the Committee on Rules, reports the
5 following bills:
6 Senate Print 8166, by Senator
7 LaValle, an act to amend the Highway Law;
8 And Senate Print 8260, by Senator
9 DeFrancisco, an act to amend Chapter 62 of the
10 Laws of 2003, amending the Public Service Law.
11 Both bills ordered direct to third
12 reading.
13 ACTING PRESIDENT GRIFFO: Senator
14 Leibell.
15 SENATOR LEIBELL: Move to accept
16 the report of the Rules Committee.
17 ACTING PRESIDENT GRIFFO: All in
18 favor of accepting the report of the Rules
19 Committee signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT GRIFFO:
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT GRIFFO: The
25 report is accepted.
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1 Senator Leibell.
2 SENATOR LEIBELL: Would you
3 please take up, Mr. President, Calendar Number
4 1483, Senate Print 8166.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will read.
7 THE SECRETARY: In relation to
8 Calendar Number 1483, Senator LaValle moves to
9 discharge, from the Committee on
10 Transportation, Assembly Bill Number 10856 and
11 substitute it for the identical Senate Bill
12 Number 8166, Third Reading Calendar 1483.
13 ACTING PRESIDENT GRIFFO:
14 Substitution ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1483, by Member of the Assembly Thiele,
18 Assembly Print Number 10856, an act to amend
19 the Highway Law, in relation to designating a
20 certain portion of the state highway system.
21 ACTING PRESIDENT GRIFFO: Read
22 the last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the 30th day.
25 ACTING PRESIDENT GRIFFO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Senator
4 LaValle, to explain his vote.
5 SENATOR LaVALLE: Yes, thank you,
6 Mr. President.
7 This piece of legislation names a
8 portion of Route 114 in Sag Harbor after
9 Jordan Haerter, Lance Corporal Jordan Haerter.
10 A number of weeks ago this young man --
11 19 years old -- from Sag Harbor was killed in
12 Iraq.
13 And I would tell you that the
14 residents of the village of Sag Harbor
15 memorialized this young man's life in a way
16 that we as Americans and New York State
17 residents would be so proud. The outpouring
18 of humanity and love for the family and for
19 this young man was really quite wonderful.
20 And it is a shame that a young man
21 in the prime of his life, at age 19, had his
22 life taken. But he was a hero, because a
23 truck with -- a suicide-bomb truck came into
24 the checkpoint, and he diverted that truck in
25 such a way that protected many, many other
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1 lives.
2 And so we have a true hero in our
3 community in my district, from the village of
4 Sag Harbor, Lance Corporal Jordan Haerter.
5 And a portion of Route 114, a bridge, will be
6 named in his honor.
7 Thank you, Mr. President. I vote
8 aye.
9 ACTING PRESIDENT GRIFFO: Senator
10 LaValle to be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: Ayes, 58. Nays,
13 0.
14 ACTING PRESIDENT GRIFFO: The
15 bill is passed.
16 Senator Leibell, that completes the
17 noncontroversial reading of the calendar.
18 SENATOR LEIBELL: One second,
19 please.
20 ACTING PRESIDENT GRIFFO: Senator
21 Hassell-Thompson, why do you rise?
22 SENATOR HASSELL-THOMPSON: Thank
23 you, Mr. President.
24 Had I been in the chamber, I would
25 have voted no on Calendar Number 889, Bill
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1 Number S5988.
2 ACTING PRESIDENT GRIFFO: The
3 record shall so reflect.
4 SENATOR HASSELL-THOMPSON: Thank
5 you, Mr. President.
6 ACTING PRESIDENT GRIFFO: Thank
7 you.
8 Senator Leibell.
9 SENATOR LEIBELL: Mr. President,
10 would you please go back to motions and
11 resolutions and bring up Resolution 6053 and
12 read the title, please.
13 ACTING PRESIDENT GRIFFO: Motions
14 and resolutions.
15 The Secretary will read.
16 THE SECRETARY: By Senator Bruno,
17 Concurrent Resolution Number 6053,
18 accomplishing a plan setting forth an itemized
19 list of grantees for certain appropriations
20 for the 2008-2009 state fiscal year, as
21 required by subdivision 5 of Section 24 of the
22 State Finance Law.
23 ACTING PRESIDENT GRIFFO: On the
24 concurrent resolution, the Secretary will call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 ACTING PRESIDENT GRIFFO: The
4 concurrent resolution is adopted.
5 Senator Robach.
6 SENATOR ROBACH: Yes,
7 Mr. President. On page 61 I offer the
8 following amendments to Calendar Number 888,
9 Senate Print Number 7659, and ask that the
10 said bill retain its place on Third Reading
11 Calendar, on behalf of yourself, Senator
12 Griffo.
13 ACTING PRESIDENT GRIFFO: Thank
14 you, Senator Robach.
15 The amendments are received and
16 adopted, and the bill shall retain its place
17 on the Third Reading Calendar.
18 Senator Leibell.
19 SENATOR LEIBELL: Mr. President,
20 is there any further business at the desk?
21 ACTING PRESIDENT GRIFFO: There
22 is no further business.
23 SENATOR LEIBELL: Then,
24 Mr. President, I move we adjourn until
25 Tuesday, May 27th, at 3:00 p.m., intervening
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1 days to be legislative days.
2 ACTING PRESIDENT GRIFFO: On
3 motion, the Senate stands adjourned until
4 Tuesday, May 27th, at 3:00 p.m. intervening
5 days being legislative days.
6 (Whereupon, at 11:45 a.m., the
7 Senate adjourned.)
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