Regular Session - June 3, 2008
2573
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 3, 2008
11 3:05 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CARL L. MARCELLINO, 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 MARCELLINO: 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 MARCELLINO: The
10 invocation today will be given by Reverend
11 Thomas Reid, pastor of Full Gospel Tabernacle
12 Church in Orchard Park.
13 REVEREND REID: Let us pray.
14 Almighty God, maker of heaven and
15 earth, we thank You for giving each one of us
16 in this room a calling, a destiny, even a
17 mandate to change our world.
18 Today, again, we face the challenge
19 of that calling on our lives. Give us wisdom
20 to make decisions that please You, to lay down
21 our lives on the altar of integrity even when
22 it costs us our reputation. For we would want
23 to be a true leader, always to do right even
24 when it sometimes may be politically
25 incorrect.
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1 Make us big enough to be truly
2 great leaders. Give us wisdom, Lord,
3 creativity, ideas, inspiration, that may we
4 each go down in history as a man or a woman of
5 whom God can be proud.
6 Give us integrity to make right
7 decisions; courage when these decisions are
8 not popular; friends to walk with us even in
9 adversarial times; wisdom to know the right.
10 God, our world is in a mess. Help
11 us each to be an instrument of change. Help
12 us to stand up and be truly great.
13 In the words of Jesus, who said to
14 us: "Take up our cross and follow Him," Lord,
15 help each of us to take up that cross of
16 leadership, give up our lives for the people,
17 the nation, and the state to whom we have been
18 called to serve.
19 In the name of our Father, His Son,
20 and the Holy Spirit, amen.
21 ACTING PRESIDENT MARCELLINO:
22 Thank you, Reverend.
23 May we have the reading of the
24 Journal.
25 THE SECRETARY: In Senate,
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1 Monday, June 2, the Senate met pursuant to
2 adjournment. The Journal of Saturday, May 31,
3 was read and approved. On motion, Senate
4 adjourned.
5 ACTING PRESIDENT MARCELLINO:
6 Without objection, the Journal stands approved
7 as read.
8 May we have the presentation of
9 petitions.
10 Messages from the Assembly.
11 Messages from the Governor.
12 Reports of standing committees.
13 Reports of select committees.
14 Communications and reports from
15 state officers.
16 Motions and resolutions.
17 Senator Fuschillo.
18 SENATOR FUSCHILLO: Thank you,
19 Mr. President.
20 On behalf of Senator Owen Johnson,
21 I move that the following bill be discharged
22 from its respective committee and be
23 recommitted with instructions to strike the
24 enacting clause: Senate Print Number 7654.
25 ACTING PRESIDENT MARCELLINO: So
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1 ordered.
2 SENATOR FUSCHILLO: Mr.
3 President, on behalf of Senator Nozzolio, on
4 page number 69 I offer the following
5 amendments to Calendar Number 1393, Senate
6 Print Number 7616, and ask that said bill
7 retain its place on the order of Third Reading
8 Calendar.
9 ACTING PRESIDENT MARCELLINO: The
10 amendments are accepted, and the bill will
11 retain its place on the Third Reading
12 Calendar.
13 SENATOR FUSCHILLO: Mr.
14 President, on behalf of Senator Libous, on
15 page number 21 I offer the following
16 amendments to Calendar Number 519, Senate
17 Print Number 5358, and ask that said bill
18 retain its place on Third Reading Calendar.
19 ACTING PRESIDENT MARCELLINO: The
20 amendments are accepted, and the bill will
21 retain its place on the Third Reading
22 Calendar, Senator.
23 SENATOR FUSCHILLO: Thank you,
24 Mr. President.
25 ACTING PRESIDENT MARCELLINO:
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1 You're welcome, Senator.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President, I
4 believe there are substitutions to be made at
5 this time.
6 ACTING PRESIDENT MARCELLINO: The
7 Secretary will read the substitutions.
8 THE SECRETARY: On page 8,
9 Senator LaValle moves to discharge, from the
10 Committee on Judiciary, Assembly Bill Number
11 9038 and substitute it for the identical
12 Senate Bill Number 1268, Third Reading
13 Calendar 179.
14 On page 30, Senator Leibell moves
15 to discharge, from the Committee on Veterans,
16 Homeland Security and Military Affairs,
17 Assembly Bill Number 1375 and substitute it
18 for the identical Senate Bill Number 3640,
19 Third Reading Calendar 738.
20 On page 35, Senator Seward moves to
21 discharge, from the Committee on Rules,
22 Assembly Bill Number 9181A and substitute it
23 for the identical Senate Bill Number 5800A,
24 Third Reading Calendar 884.
25 On page 44, Senator Trunzo moves to
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1 discharge, from the Committee on Rules,
2 Assembly Bill Number 10318 and substitute it
3 for the identical Senate Bill Number 7219,
4 Third Reading Calendar 1080.
5 On page 46, Senator Morahan moves
6 to discharge, from the Committee on Mental
7 Health and Developmental Disabilities,
8 Assembly Bill Number 9355 and substitute it
9 for the identical Senate Bill Number 8089,
10 Third Reading Calendar 1102.
11 On page 65, Senator DeFrancisco
12 moves to discharge, from the Committee on
13 Investigations and Government Operations,
14 Assembly Bill Number 5943 and substitute it
15 for the identical Senate Bill Number 7042,
16 Third Reading Calendar 1346.
17 On page 66, Senator Bonacic moves
18 to discharge, from the Committee on Rules,
19 Assembly Bill Number 10755 and substitute it
20 for the identical Senate Bill Number 7804,
21 Third Reading Calendar 1353.
22 On page 77, Senator Morahan moves
23 to discharge, from the Committee on
24 Corporations, Authorities and Commissions,
25 Assembly Bill Number 10592 and substitute it
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1 for the identical Senate Bill Number 7483,
2 Third Reading Calendar 1501.
3 And on page 80, Senator Volker
4 moves to discharge, from the Committee on
5 Higher Education, Assembly Bill Number 9222A
6 and substitute it for the identical Senate
7 Bill Number 6295A, Third Reading Calendar
8 1527.
9 ACTING PRESIDENT MARCELLINO: The
10 substitutions are ordered.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 if we could adopt the Resolution Calendar,
14 with the exception of Resolution 6218.
15 ACTING PRESIDENT MARCELLINO: All
16 in favor of adopting the Resolution Calendar,
17 with the exception of Resolution 6218, signify
18 by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT MARCELLINO:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT MARCELLINO: The
24 Resolution Calendar is adopted.
25 Senator Skelos.
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1 SENATOR SKELOS: Mr. President,
2 Resolution 6218, by Senator Stachowski, is at
3 the desk. If we could have the title read,
4 move for its immediate adoption, and open it
5 up for cosponsorship.
6 ACTING PRESIDENT MARCELLINO: The
7 Secretary will read.
8 THE SECRETARY: By Senator
9 Stachowski, Legislative Resolution Number
10 6218, mourning the death of James D. Griffin,
11 former Mayor of the City of Buffalo and
12 devoted member of his community.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Stachowski.
15 SENATOR STACHOWSKI: Yes,
16 Mr. President.
17 Last week we buried James Griffin
18 at Our Lady of Victory Basilica. And Jim
19 Griffin was a member of the State Senate --
20 actually, one person in between he and I.
21 And after that, he was the
22 longest-serving mayor in the history of the
23 City of Buffalo, a very colorful character,
24 responsible for the baseball stadium going
25 downtown, one of the major things that brought
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1 people back to downtown Buffalo at a time when
2 anybody in the suburbs didn't want to come
3 downtown. And so it was one of the many
4 things he did.
5 He was a long-serving mayor,
6 sometimes could be somewhat controversial, had
7 an in-your-face style that served him very
8 well. And I would be remiss if we didn't put
9 a resolution in for him and open it up to
10 everybody here, as he was a member of the
11 Senate.
12 And actually, some of the members
13 on the other side served with Jimmy Griffin
14 when he was here. And as they would tell you,
15 Jimmy Griffin was his own man. He went to his
16 own drumbeat, and he told you the way he
17 thought it was. And you could never dislike
18 him for that. You might not always agree with
19 him, you couldn't always be on the same team,
20 but you always had to respect the man as a
21 hard worker and as an individual.
22 And he had many friends on both
23 sides of the aisle when he was here.
24 Actually, he gave up a leadership position
25 because he couldn't vote with the conference
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1 when he was here, and went to then Leader
2 Ohrenstein and said "You've got to take this
3 back, I can't do this. I can't support some
4 of these positions, so I don't think I should
5 have this leadership spot."
6 Not something you see often. Maybe
7 never, other than him. But that was Jimmy
8 Griffin.
9 And he was devoted to his family,
10 and just was quite an individual. And I would
11 be remiss if I hadn't stood up and said a few
12 words about Jim Griffin, who also happened to
13 be a friend of mine.
14 Thank you.
15 ACTING PRESIDENT MARCELLINO:
16 Thank you, Senator.
17 Senator Rath.
18 SENATOR RATH: Thank you,
19 Mr. President.
20 Thank you, Senator Stachowski, for
21 putting in the resolution for Mayor Griffin.
22 And it had crossed my mind; I had not acted
23 upon it. Thank you also for opening it up for
24 other members, as I'm sure it will be a
25 comfort to their family to know that the
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1 members not only from the Western New York
2 delegation, but all who served with
3 His Honor -- which of course was what he was
4 always known as, lovingly, throughout Western
5 New York.
6 And there were of course many
7 articles in the paper in Western New York, and
8 comments. But one of the things that I
9 thought was most telling, for those of you who
10 did not know Jimmy Griffin -- and of course
11 for the members who did serve with him do
12 remember about him -- he was feisty, and he
13 was so proud of Buffalo.
14 And one of the comments was that
15 "Like his city, a feisty city that will keep
16 coming back, that was Jimmy Griffin. He'd
17 keep coming back at you till he got the job
18 done."
19 And hopefully Western New York, as
20 it tries to come back from the difficulties
21 that we've had economically through the
22 years -- downtown Buffalo will always remember
23 His Honor and how hard he worked to get the
24 baseball stadium. And some of the economic
25 development programs that are now showing
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1 fruition and coming into place were started at
2 the time that Mayor Griffin was there. And so
3 it's very appropriate that we recognize him
4 today.
5 Thank you.
6 ACTING PRESIDENT MARCELLINO:
7 Thank you, Senator Rath.
8 Senator Maltese.
9 SENATOR MALTESE: I first want to
10 thank Senator Stachowski, Senator Volker and
11 Senator Rath for putting in the resolution.
12 Jimmy was indeed a rare individual,
13 an old-line politician who was not shirking
14 from the word "politician." His handshake was
15 the Rock of Gibraltar. As Senator Stachowski
16 has said, he did not shy from controversy, he
17 thrived on it.
18 He loved controversy, but his
19 principles were absolutely rock solid. He was
20 a man that he gave you his word, and you could
21 take it to the bank. He was absolutely
22 unique. He exemplified the City of Buffalo,
23 exemplified Western New York.
24 We at that time in the Conservative
25 Party worked closely with him, were proud that
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1 he ran on our line. And certainly he was a
2 patriotic, God-fearing American, and we're
3 sorry to lose his kind. He was an absolutely
4 unique individual, and he'll be sorely missed
5 by his friends and all who loved him.
6 ACTING PRESIDENT MARCELLINO:
7 Thank you, Senator.
8 Senator Volker.
9 SENATOR VOLKER: Mr. President,
10 Jimmy Griffin was an original, as was said
11 here.
12 I have to confess that Jimmy
13 Griffin did not get elected mayor of the City
14 of Buffalo on either the Democrat or
15 Republican lines. He ran on a Conservative
16 and Independence line. The only time in my
17 career that I didn't support the Republican
18 candidate for any countywide or city office
19 was in my support for Jimmy Griffin to be
20 mayor of Buffalo when he won on the
21 Independence and Conservative line. And the
22 reason I did, very honestly, was because Jim
23 Griffin was a lot more Republican than the
24 candidate who ran on the Republican line.
25 He was a personal friend. He was a
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1 gentleman, in a way. And I say that because
2 there were times when Jimmy reverted to the
3 old South Buffalo creed -- which my family, by
4 the way, came out of -- and that was if
5 somebody hates you, why, you deal in kind.
6 But he was a great guy. His wife,
7 Marge, and the kids have suffered a great
8 loss.
9 But I have to tell that you he was
10 an original. And as I think Bill said, Mary
11 Lou, and Serph, he's the kind of person who
12 you'd like to be in a foxhole with. And we've
13 used that term a few times, but as far as
14 politicians are concerned, we know exactly
15 what it means.
16 So I wish Jimmy Griffin God's rest
17 and peace.
18 ACTING PRESIDENT MARCELLINO: The
19 question is on the resolution. All in favor
20 signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT MARCELLINO:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT MARCELLINO: The
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1 resolution is adopted.
2 And the resolution, at Senator
3 Stachowski's request, is open to all the
4 members. Anyone not wishing to be on the
5 resolution please notify the desk.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 if we could go to the noncontroversial reading
9 of the calendar.
10 ACTING PRESIDENT MARCELLINO: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 71, by Senator Maziarz, Senate Print 6678, an
14 act to amend the Retirement and Social
15 Security Law, in relation to establishing a
16 performance of duty.
17 ACTING PRESIDENT MARCELLINO:
18 Read the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 90th day.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MARCELLINO:
25 Senator Duane.
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1 SENATOR DUANE: Thank you,
2 Mr. President.
3 I just want to point out to my
4 colleagues that this is an excellent bill,
5 excellent. And I encourage everyone to
6 enthusiastically vote yes.
7 Thank you, Mr. President.
8 ACTING PRESIDENT MARCELLINO:
9 Thank you, Senator Duane.
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 54. Nays,
13 0.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 179, substituted earlier today by Member of
18 the Assembly Weinstein, Assembly Print Number
19 9038, an act to amend the Estates, Powers and
20 Trusts Law, in relation to trust accounting.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
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1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 54.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 381, by Senator Trunzo, Senate Print 4689A, an
8 act to amend the Retirement and Social
9 Security Law, in relation to improving.
10 ACTING PRESIDENT MARCELLINO:
11 There is a home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 54.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 384, by Senator Larkin, Senate Print 6901, an
23 act to amend the Retirement and Social
24 Security Law, in relation to expanding
25 eligibility.
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1 ACTING PRESIDENT MARCELLINO:
2 Read the last section, please.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 55.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 520, by Senator Padavan, Senate Print 5865, an
13 act to amend the Vehicle and Traffic Law and
14 the Criminal Procedure Law, in relation to
15 unlawful solicitation.
16 ACTING PRESIDENT MARCELLINO:
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MARCELLINO:
21 Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 54. Nays,
24 1. Senator Perkins recorded in the negative.
25 ACTING PRESIDENT MARCELLINO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 646, by Senator Volker, Senate Print 4953, an
4 act to amend the Penal Law, in relation to
5 imposition of certain fees.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 56.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 708, by Senator Griffo, Senate Print 7167A, an
18 act to amend the Highway Law and the Vehicle
19 and Traffic Law, in relation to maintenance.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the 120th day.
24 ACTING PRESIDENT MARCELLINO:
25 Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 56.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 738, substituted earlier today by Member of
7 the Assembly Brodsky, Assembly Print Number
8 1375, an act to amend the Executive Law, in
9 relation to local disaster preparedness.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section, please.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 56.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 741, by Senator Leibell, Senate Print --
22 SENATOR SKELOS: Lay it aside for
23 the day, please.
24 ACTING PRESIDENT MARCELLINO: Lay
25 that bill aside for the day.
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1 THE SECRETARY: Calendar Number
2 764, by Senator Volker, Senate Print 5026, an
3 act to amend the Penal Law, in relation to
4 establishing.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of
9 November.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 56.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 884, substituted earlier today by Member of
18 the Assembly Morelle, Assembly Print Number
19 9181A, an act to amend the Insurance Law, in
20 relation to life insurance contracts.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
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1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 56.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 897, by Senator Fuschillo, Senate Print 7370,
8 an act to amend the General Business Law, in
9 relation to application.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 934, by Senator Robach, Senate Print 7849, an
22 act to amend the Labor Law, in relation to
23 requiring employers.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the 60th day.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 992, by Senator Padavan, Senate Print 7072, an
11 act to amend the Penal Law, in relation to
12 penalties.
13 ACTING PRESIDENT MARCELLINO:
14 Read the last section, please.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 992 are
22 Senators Duane, Hassell-Thompson, Perkins and
23 Serrano.
24 Ayes, 53. Nays, 4.
25 ACTING PRESIDENT MARCELLINO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1004, by Senator Volker, Senate Print 7640, an
4 act to amend the Criminal Procedure Law, in
5 relation to execution of bench warrants.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 60th day.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1006, by Senator Skelos, Senate Print 5406A,
18 an act to amend the Retirement and Social
19 Security Law, in relation to providing.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARCELLINO:
25 Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1020, by Senator Volker, Senate Print 7035, an
7 act to amend the Vehicle and Traffic Law, in
8 relation to requiring.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section, please.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1021, by Senator Saland, Senate Print 7159, an
21 act to amend the Highway Law, in relation to
22 creating a State Trooper Highway Memorial Task
23 Force.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section.
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1 THE SECRETARY: Section 4. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1054, by --
11 SENATOR SKELOS: Lay it aside for
12 the day, please.
13 ACTING PRESIDENT MARCELLINO: Lay
14 that bill aside for the day.
15 THE SECRETARY: Calendar Number
16 1080, substituted earlier today by Member of
17 the Assembly Fields, Assembly Print Number
18 10318, an act to amend the Real Property Tax
19 Law, in relation to limiting base proportion.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARCELLINO:
25 Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1102, substituted earlier today by Member of
7 the Assembly Rivera, Assembly Print Number
8 9355, an act to amend the Geriatric Mental
9 Health Act, in relation to membership.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1115, by Senator C. Kruger, Senate Print 8147,
22 an act to amend the Social Services Law, in
23 relation to requiring.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1133, by Senator DeFrancisco, Senate Print
11 6358A, an act to amend the State Finance Law,
12 in relation to agency expenditure reporting.
13 ACTING PRESIDENT MARCELLINO:
14 Read the last section, please.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of January
17 next succeeding.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll, please.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MARCELLINO:
22 Senator DeFrancisco, to explain his vote.
23 SENATOR DeFRANCISCO: Yes, I
24 think this bill hopefully will pass
25 unanimously, but I think it's an extremely
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1 important bill, especially in the economic
2 climate we're in right now.
3 The Governor has warned on many
4 occasions that the revenues that are coming in
5 have not been as great as were anticipated and
6 we're going to have a rough budget year last
7 year. In fact, he's already talked about an
8 across the board 3, 4 percent decrease in all
9 budgets, all areas of state government, which
10 is one way to deal with an issue.
11 But when you do that, you're
12 cutting out great programs and allowing other
13 programs to survive even though they have very
14 little value anymore.
15 The value of this bill is that the
16 Legislature has, for the last 10 years, been
17 disclosing every nickel of every member, what
18 has been paid for. What we're paying for,
19 what it will be used for, that's totally open
20 to public scrutiny.
21 That's not true with any other
22 branch of government, including the Executive
23 and Judiciary and agencies. That's just not
24 right. We should have full disclosure of all
25 the dollars that are spent by every agency,
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1 the Executive, the Judiciary, and that
2 disclosed every six months, just like the
3 Legislature has been doing for the last
4 10 years.
5 So this bill is important for us to
6 pass in this house, which we did last year.
7 And hopefully the message will get across to
8 the other side of the floor here and have the
9 Assembly pass it, because we need this tool in
10 order to realistically and professionally make
11 our judgments with respect to the size of the
12 budget and where the cuts are going to be next
13 year.
14 I vote aye.
15 ACTING PRESIDENT MARCELLINO:
16 Senator DeFrancisco, you will be recorded in
17 the affirmative.
18 Senator Maziarz, to explain his
19 vote.
20 SENATOR MAZIARZ: Thank you very
21 much. To explain my vote, Mr. President.
22 I agree with my colleague Senator
23 DeFrancisco: Transparency saves money. And,
24 you know, the Governor is talking about
25 reducing expenditures.
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1 And the newspaper recently reported
2 that the State Judiciary, which does not
3 report their expenditures like we do every six
4 months, is going to be holding a seminar this
5 summer at a posh Westchester golf resort. I
6 don't know how much training is going to go on
7 during the course of this seminar; I suspect
8 very little. I hope I'm wrong.
9 But one has to wonder, if they had
10 to disclose this, if they had to put this in
11 the budget as a training seminar at a posh
12 Westchester golf course, whether it would have
13 ever taken place or be paid for by the
14 taxpayers of this state to the tune of
15 1.6 million wasted dollars.
16 Thank you, Mr. President.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Maziarz will be recorded in the
19 affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 59. Nays,
22 0.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1184, by Senator Winner, Senate Print 8032, an
2 act to amend the Civil Service Law, in
3 relation to examinations.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section, please.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MARCELLINO:
12 Senator Duane, to explain his vote.
13 SENATOR DUANE: Thank you,
14 Mr. President.
15 Unfortunately, this is not an
16 excellent bill.
17 There is a section which is all
18 right, which is on page 2, lines 15 to 22,
19 which goes to the point of that the only way
20 to know whether or not you have been infected
21 is by getting tested, and the most important
22 thing that you can do is to immediately take
23 prophylactics.
24 Obviously, in correctional
25 facilities, everyone should be supplied with
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1 latex gloves. And the risk of contracting HIV
2 in this kind of a setting is beyond minuscule,
3 and I am concerned that we send the wrong
4 message.
5 I think my colleagues will be
6 pleased to know that soon we will have very
7 good language which will address the issue of
8 occupational dangers, if you will. And I
9 would encourage my colleagues to vote no and
10 just wait a little more time in the pending
11 negotiations between both houses and many
12 health commissioners.
13 We should have good language to
14 deal with the issue that's raised in this
15 bill, so I'm encouraging my colleagues to vote
16 no on this.
17 Thank you, Mr. President.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Duane will be recorded in the
20 negative.
21 Senator Hassell-Thompson, to
22 explain her vote.
23 SENATOR HASSELL-THOMPSON: Well,
24 actually, I wasn't going to explain my vote.
25 I thought we were still in the stage where we
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1 could ask questions. But I'll accept the
2 edict.
3 To explain my vote, I will be
4 voting no on this bill. Particularly because
5 I had thought that at some point, with all the
6 explanations that have been given and what the
7 Health Department has clearly set out as a
8 basis for transmission of HIV and AIDS, that
9 we would have learned something in these
10 chambers. And apparently we haven't.
11 The Health Department makes a
12 certain determination, and there are all kinds
13 of protections for people who work with people
14 who are infected as well as families who are
15 affected by HIV and AIDS.
16 In my past life, I was an educator
17 for HIV and AIDS, training people about the
18 modes of transmission, and helped the Health
19 Department to do a lot of outreach to ensure
20 that we did not create a panic among the
21 community in terms of how this disease is
22 transmitted.
23 We are in 2008, we are much further
24 along in that which we know about HIV and
25 AIDS, and yet in this chamber we still seem to
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1 be in the Dark Ages. And that is reflected by
2 the way in which we fail to recognize and to
3 do the kind of outreach that we need to do and
4 the understanding that we need to have about
5 what this disease really means, the kind of
6 money that we should be putting in the budgets
7 for the care, treatment and research.
8 And then when we become punitive in
9 terms of how we structure the legislation
10 around this condition, that tells us that we
11 really have a long way to go in terms of
12 educating members of this chamber.
13 So I will continue to vote no, and
14 I will continue to do my part to educate my
15 colleagues as to how we need to be more
16 proactive as opposed to reactive to bills that
17 come before us regarding HIV and AIDS.
18 Thank you, Mr. President.
19 ACTING PRESIDENT MARCELLINO:
20 Thank you, Senator Hassell-Thompson. You will
21 be recorded in the negative.
22 Does anyone else want to explain
23 their vote?
24 Announce the results, please.
25 THE SECRETARY: Those recorded in
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1 the negative on Calendar Number 1184 are
2 Senators Adams, Dilan, Duane, Gonzalez,
3 Hassell-Thompson, L. Krueger, Perkins, Sabini,
4 and Schneiderman. Also Senator Montgomery.
5 Also Senator Serrano.
6 Ayes, 49. Nays, 11.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 Senator Montgomery, why do you
10 rise?
11 SENATOR MONTGOMERY: Yes,
12 Mr. President, I would like the record to show
13 that had I been in the chamber when Calendar
14 992 was voted upon, I would have voted in the
15 negative.
16 ACTING PRESIDENT MARCELLINO: The
17 record will so reflect, Senator.
18 SENATOR MONTGOMERY: Thank you.
19 ACTING PRESIDENT MARCELLINO: The
20 Secretary will continue reading the
21 noncontroversial calendar.
22 THE SECRETARY: Calendar Number
23 1214, by Senator Winner, Senate Print 3229, an
24 act to amend the General Municipal Law, in
25 relation to fees payable.
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1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of January.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1220, by Senator Little, Senate Print 7538, an
13 act to amend the Real Property Tax Law, in
14 relation to exemption reports.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1247, by Senator Robach, Senate Print 8206, an
2 act to amend the Labor Law, in relation to
3 confidentiality.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section, please.
6 THE SECRETARY: Section 11. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1259, by Senator Larkin, Senate Print 7414, an
16 act to amend the Tax Law, in relation to
17 making technical amendments.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section, please.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1278, by Senator Golden, Senate Print 8170, an
5 act to amend the Executive Law, in relation to
6 directing the Office of Children and Family
7 Services.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1299 --
20 SENATOR SKELOS: Lay it aside for
21 the day, please, at the request of Senator
22 Connor.
23 ACTING PRESIDENT MARCELLINO: Lay
24 the bill aside for the day.
25 THE SECRETARY: Calendar Number
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1 1317, by Senator Padavan, Print 8157A, an act
2 to amend the Local Finance Law, in relation to
3 the sale of bonds and notes.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section.
6 THE SECRETARY: Section 10. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1341, by Senator Flanagan, Senate Print 3850,
16 an act to amend the Public Officers Law, in
17 relation to making information.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: In relation to
4 Calendar Number 1346, substituted earlier
5 today by Member of the Assembly Markey,
6 Assembly Print Number 5943, an act to amend
7 the Public Officers Law.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MARCELLINO:
16 Senator DeFrancisco, to explain his vote.
17 SENATOR DeFRANCISCO: This bill
18 is a significant advancement to open meetings,
19 with respect to the fact that documents about
20 which public meetings are going to be about,
21 the things that are going to be discussed,
22 have to be provided to the public within
23 72 hours before the meeting.
24 This bill has passed the Assembly
25 already, so it's likely to become law once it
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1 passes here today. I would think that the
2 Governor would want this available so that the
3 public now will not only be able to observe,
4 but also know what they're observing, because
5 they'll be entitled to the documents that are
6 being discussed at those public meetings.
7 So it's a significant bill, and I'd
8 urge everyone to vote in the affirmative.
9 ACTING PRESIDENT MARCELLINO:
10 Announce the results, please.
11 THE SECRETARY: Ayes, 60. Nays,
12 0.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1349, by Senator Young, Senate Print 7637, an
17 act to amend the Public Officers Law and the
18 Town Law, in relation to providing.
19 ACTING PRESIDENT MARCELLINO:
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO:
24 Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1353, substituted earlier today by Member of
6 the Assembly Gunther, Assembly Print Number
7 10755, an act authorizing the Commissioner of
8 General Services.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section, please.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1367, by Senator Winner, Senate Print 8024A,
21 an act authorizing the Chemung County/City of
22 Elmira Regional Civil Service Commission.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 10. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1376, by Senator Rath, Senate Print 1758, an
10 act to amend the Penal Law, in relation to
11 assaults.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section, please.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of
16 November.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59. Nays,
21 1. Senator Montgomery recorded in the
22 negative.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1377, by Senator DeFrancisco, Senate Print
2 1826, an act to amend the Civil Rights Law, in
3 relation to confidentiality.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1382, by Senator Robach, Senate Print 3222, an
16 act to amend the Penal Law, in relation to
17 expanding the crime of robbery.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section, please.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of
22 November.
23 ACTING PRESIDENT MARCELLINO:
24 Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1388, by Senator Flanagan, Senate Print 6440,
6 an act to amend the Penal Law, in relation to
7 amending the definitions.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section, please.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 58. Nays,
16 2. Senators Duane and Montgomery recorded in
17 the negative.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1390, by Senator --
22 SENATOR SKELOS: Lay it aside for
23 the day, please.
24 ACTING PRESIDENT MARCELLINO: The
25 bill will be laid aside for the day.
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1 THE SECRETARY: Calendar Number
2 1391, by Senator Larkin, Senate Print 7469, an
3 act to amend the Criminal Procedure Law, in
4 relation to designating.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section, please.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 58. Nays,
13 2. Senators Duane and L. Krueger recorded in
14 the negative.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1395, by Senator Skelos, Senate Print --
19 SENATOR SKELOS: Lay it aside for
20 the day, please.
21 ACTING PRESIDENT MARCELLINO: Lay
22 the bill aside for the day.
23 THE SECRETARY: Calendar Number
24 1403, by Senator Volker, Senate Print 7978, an
25 act to amend the Criminal Procedure Law, in
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1 relation to granting certain federal law
2 enforcement officers.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1409, by Senator Marcellino, Senate Print 633,
15 an act to amend the Vehicle and Traffic Law,
16 in relation to aggravated unlicensed
17 operation.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1452, by Senator Winner, Senate Print 5980, an
5 act to amend the Correction Law, in relation
6 to enacting the Drug Dealer Registration Act.
7 ACTING PRESIDENT MARCELLINO:
8 Read the last section, please.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MARCELLINO:
15 Senator Schneiderman, to explain his vote.
16 SENATOR SCHNEIDERMAN: Thank you,
17 Mr. President.
18 I'm going to be voting against this
19 bill, as I have in the past. It's called the
20 Drug Dealer Registration Act, and it says that
21 it is to address the fact that the criminal
22 sale of marijuana -- and I'm reading from the
23 sponsor's memo -- and other substances is
24 reaching epidemic proportions in many of our
25 communities, and that we therefore need a bill
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1 modeled on Megan's Law because sex offenders
2 pose a risk to children and, in other
3 instances, adult women, and drug dealers, it
4 says, pose a risk to all people.
5 I think we should actually call
6 this bill the Reentry Prevention Act, because
7 what this does is lumps all drug dealers
8 together, including marijuana dealers. It
9 claims that there's a problem in some smaller
10 communities because dealers are moving there.
11 We know, and I've seen a lot of
12 data on this, working in the sentencing
13 commission, that the overwhelming majority of
14 offenders -- in excess of 90 percent -- move
15 back to their home communities after being
16 released from prison. And many of the people
17 who are convicted of drug offenses are trying
18 to get clean and do get clean.
19 This bill doesn't distinguish
20 between a drug kingpin and someone who's
21 basically an addict who completes successfully
22 a treatment program in prison and is trying to
23 make their way in society.
24 This would impose a tremendous cost
25 because it requires us to constantly update
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1 this list of people who are moving around
2 because they are poor, they're trying to make
3 their way, they move from place to place as
4 they're trying to get back doing what they're
5 doing.
6 And it's based on a fundamentally
7 flawed assumption. There's some argument that
8 you may want to know where sex offenders are
9 because they have a compulsion that's not
10 treatable and they may pose a threat to people
11 right around them. There is no evidence of
12 any kind that drug dealers are going to
13 necessarily transact their business anywhere
14 close to where they live or that they pose
15 this kind of a threat to their immediate
16 environment, the immediate environment of
17 where they are located. In fact, there's a
18 lot of evidence that they move away from their
19 homes to ply their illegal trade.
20 So maybe we shouldn't call this the
21 Reentry Prevention Bill, maybe we should call
22 it the Zagat's Guide for Junkies Bill.
23 Because as far as I can tell, the only people
24 who would benefit from this bill -- and maybe
25 this is Senator Winner's intent -- hey, my
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1 coke dealer just got locked up. Where will we
2 go? Oh, hey, there's this handy guide
3 provided for us by the State of New York to
4 where all the coke dealers are. Let's look up
5 on Senator Winner's registry and find out
6 where they are.
7 I can't really understand who else
8 would benefit from this bill. This is lumping
9 in apples and oranges, pears, grapefruits and
10 automobiles. It's a bad idea based on a
11 flawed premise, poorly articulated, inartfully
12 drafted, and should be rejected by this house.
13 Thank you, Mr. President.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Schneiderman, how do you vote?
16 SENATOR SCHNEIDERMAN: I'm
17 leaning towards no.
18 (Laughter.)
19 ACTING PRESIDENT MARCELLINO: You
20 will be recorded in the negative.
21 Senator Montgomery.
22 SENATOR MONTGOMERY: Yes,
23 Mr. President, I will also join my colleague
24 in voting no on this legislation.
25 And I note that the bill
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1 indicates -- the sponsor's memo indicates that
2 this is a drug dealer's registration act. But
3 it is my understanding that the most prevalent
4 illegal drugs in use are prescription drugs,
5 and so there's no indication that this in any
6 way deals with that problem.
7 So what do we do about pharmacies
8 that distribute drugs, and what do we do about
9 illegal drugs that are actually prescription
10 drugs that young people seem to prefer these
11 days?
12 So I'm going to, in addition to the
13 wonderful explanation that Senator
14 Schneiderman has given, I'm going to vote no
15 because of that.
16 Thank you.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Volker.
19 SENATOR VOLKER: Mr. President, I
20 just received an explanation from Senator
21 Schneiderman that I certainly don't agree
22 with, in that I don't believe that all drug
23 users are dealers.
24 This is the drug dealers act, not
25 the drug users. The assumption that all drug
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1 users are somehow drug dealers doesn't fit.
2 And this bill deals with drug dealers.
3 I have always thought that -- I
4 happen to agree with things that people have
5 said, that drug users sometimes need help.
6 Drug dealers need help in going to jail,
7 because they're the ones that infect other
8 people and in many cases kill people.
9 So I'm going to support this bill
10 because I don't see where this deals with drug
11 users necessarily, but it certainly does deal
12 with drug dealers, and I agree with that
13 concept.
14 I vote aye.
15 ACTING PRESIDENT MARCELLINO: You
16 will be recorded in the affirmative, Senator
17 Volker.
18 Senator Winner.
19 SENATOR WINNER: Thank you,
20 Mr. President.
21 Obviously I rise in support of this
22 measure. And I'm surprised at the remarks of
23 Senator Schneiderman. I didn't know that we
24 had a drug dealer lobbyist or a drug dealer
25 PAC out there that is in support of these
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1 individuals for which he is so articulately
2 arguing in favor of.
3 This is a measure that is supported
4 by numerous law enforcement agencies and
5 organizations throughout this state who
6 believe that in an effort to try to have
7 safety in their communities, that it's
8 extraordinarily important to know where
9 serious drug dealing offenders are residing.
10 And in that knowledge, they are
11 going to be able to protect their communities
12 by being able to monitor whether there are
13 suspicious comings and goings in those
14 particular areas, so as to protect their
15 community.
16 I don't think that we need to make
17 light of the concerns of law enforcement as to
18 the presence of some of these individuals nor
19 their desire to be able to make sure that
20 their communities are safe.
21 So this measure, rather than being
22 characterized as Senator Schneiderman has
23 done, is a serious proposal dealing with
24 serious community safety and serious
25 quality-of-life issues where communities are
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1 victimized by the presence of some of these
2 individuals.
3 And so under those circumstances,
4 Mr. President, I think this is a bill that
5 deserves overwhelming support, as it got last
6 year in support from this body.
7 So I vote aye.
8 ACTING PRESIDENT MARCELLINO:
9 Announce the results, please.
10 ACTING PRESIDENT MARCELLINO:
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 1452 are
13 Senators Adams, Dilan, Duane, Gonzalez,
14 Hassell-Thompson, L. Krueger, Montgomery,
15 Parker, Perkins, Schneiderman and Serrano.
16 Ayes, 49. Nays, 11.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1492, by Senator Maziarz, Senate Print 7341,
21 an act to amend the General Municipal Law, in
22 relation to expanding.
23 ACTING PRESIDENT MARCELLINO:
24 Read 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 MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59. Nays,
7 2. Senators Duane and Padavan recorded in the
8 negative.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1494, by Senator Farley, Senate Print 8121, an
13 act to amend the Town Law, in relation to
14 certain local fire companies.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section, please.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1501, substituted earlier today by Member of
2 the Assembly Weisenberg, Assembly Print Number
3 10592, an act to amend Chapter 373 of the Laws
4 of 1998, amending the Public Authorities Law.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section, please.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1503, by Senator Volker, Senate Print 7696, an
17 act to amend the Public Authorities Law, in
18 relation to accessibility.
19 ACTING PRESIDENT MARCELLINO:
20 Read the last section, please.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO:
24 Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1517, by Senator Morahan, Senate Print 7674,
6 an act to amend the Mental Hygiene Law and the
7 Executive Law, in relation to review of
8 criminal history.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 6. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60. Nays,
17 1. Senator Montgomery recorded in the
18 negative.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1521, by Senator Morahan, Senate Print 8254,
23 an act to amend the Mental Hygiene Law, in
24 relation to creating an advisory council.
25 ACTING PRESIDENT MARCELLINO:
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1 Read the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect January 1, 2009.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1527, substituted earlier today by Member of
12 the Assembly Gabryszak, Assembly Print Number
13 9222A, an act to amend the Education Law.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1533, by Senator Flanagan, Senate Print 7952A,
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1 an act authorizing the State University of
2 New York.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section, please.
5 THE SECRETARY: Section 11. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MARCELLINO:
11 Senator Stavisky, to explain her vote.
12 SENATOR STAVISKY: Yeah, I raised
13 some issues with this legislation in the
14 Higher Ed Committee several weeks ago.
15 Primarily, I was concerned about
16 money, about the Stony Brook Foundation and
17 not the university, to construct -- to make
18 arrangements to construct the science and math
19 facility. I've been assured that the
20 donation, which is a rather large one, was
21 given to the foundation and not to the
22 university.
23 I did have some concerns, which
24 were answered. And I vote aye.
25 ACTING PRESIDENT MARCELLINO:
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1 Announce the results, please.
2 THE SECRETARY: Ayes, 61. Nays,
3 0.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 Senator Skelos, that completes the
7 noncontroversial reading of the calendar.
8 SENATOR SKELOS: Please recognize
9 Senator Seward. I believe he has a motion.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Seward.
12 SENATOR SEWARD: Yes,
13 Mr. President. On page 47, I offer the
14 following amendments to Calendar Number 1114,
15 Senate Print Number 7982, and ask that the
16 said bill retain its place on the Third
17 Reading Calendar. And I do so on behalf of
18 Senator Saland.
19 ACTING PRESIDENT MARCELLINO: The
20 amendments are accepted, and the bill will
21 retain its place on the Third Reading
22 Calendar.
23 Senator Seward.
24 SENATOR SEWARD: Also on behalf
25 of Senator Saland, on page number 43 I offer
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1 the following amendments to Calendar Number
2 1039, Senate Print Number 7981, and ask that
3 that bill retain its place on the Third
4 Reading Calendar.
5 ACTING PRESIDENT MARCELLINO: The
6 amendments are received and accepted, and the
7 bill will retain its place on the Third
8 Reading Calendar.
9 SENATOR SEWARD: Thank you,
10 Mr. President.
11 ACTING PRESIDENT MARCELLINO:
12 Thank you, Senator Seward.
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President,
15 is there any further business at the desk?
16 ACTING PRESIDENT MARCELLINO: The
17 desk is clear.
18 SENATOR SKELOS: There being
19 none, Mr. President, I move that we stand
20 adjourned until Wednesday, June 4th, at
21 11:00 a.m.
22 ACTING PRESIDENT MARCELLINO:
23 There being no further business to come before
24 the Senate, on motion, the Senate stands
25 adjourned until Wednesday, June 4th, at
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1 11:00 a.m.
2 (Whereupon, at 4:00 p.m., the
3 Senate adjourned.)
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