Wednesday, May 24, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 24, 2006 11 11:05 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please 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 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 23, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 22, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Robach. 8 SENATOR ROBACH: Yes, Madam 9 President. I wish to call up Print Number 10 7179, recalled from the Assembly, which is now 11 at the desk. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 977, by Senator Skelos, Senate Print 7179, an 16 act to authorize. 17 SENATOR ROBACH: Madam President, 18 I now move to reconsider the vote by which the 19 bill was passed. 20 THE PRESIDENT: The Secretary 21 will call the roll upon reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 41. 24 SENATOR ROBACH: Madam President, 25 I now offer the following amendments.

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(518) 371-8910 1 THE PRESIDENT: The amendments 2 are received. 3 Senator Fuschillo. 4 SENATOR FUSCHILLO: Madam 5 President, on behalf of Senator LaValle, on 6 page number 85 I offer the following 7 amendments to Calendar Number 1223, Senate 8 Print Number 1365C, and ask that said bill 9 retain its place on Third Reading Calendar. 10 THE PRESIDENT: The amendments 11 are received, and the bill will retain its 12 place on the Third Reading Calendar. 13 SENATOR FUSCHILLO: Madam 14 President. 15 THE PRESIDENT: Senator 16 Fuschillo. 17 SENATOR FUSCHILLO: On behalf of 18 Senator Winner, please place a sponsor's star 19 on Calendar Number 1234. 20 THE PRESIDENT: So ordered, 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Thank you. 23 THE PRESIDENT: Senator Skelos. 24 SENATOR SKELOS: Madam President, 25 are there any substitutions at the desk?

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(518) 371-8910 1 THE PRESIDENT: Yes, there are, 2 Senator. 3 SENATOR SKELOS: If you could 4 make them at this time. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: On page 64, 8 Senator Bruno moves to discharge, from the 9 Committee on Investigations and Government 10 Operations, Assembly Bill Number 10582 and 11 substitute it for the identical Senate Bill 12 Number 7220, Third Reading Calendar 949. 13 On page 76, Senator Maziarz moves 14 to discharge, from the Committee on Labor, 15 Assembly Bill Number 10548 and substitute it 16 for the identical Senate Bill Number 7849, 17 Third Reading Calendar 1131. 18 And on page 82, Senator Little 19 moves to discharge, from the Committee on 20 Finance, Assembly Bill Number 10725 and 21 substitute it for the identical Senate Bill 22 Number 7753, Third Reading Calendar 1186. 23 THE PRESIDENT: Substitutions 24 ordered. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 if we could adopt the Resolution Calendar. 3 THE PRESIDENT: All in favor of 4 adopting the Resolution Calendar please 5 signify by saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The calendar is 10 adopted. 11 Senator Skelos. 12 SENATOR SKELOS: If we could go 13 to the noncontroversial reading of the 14 calendar. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: Calendar Number 18 521, by Senator Young, Senate Print 6956, an 19 act to amend the Agriculture and Markets Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 41. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 590, by Senator LaValle, Senate Print 2620A, 6 an act to amend the Tax Law. 7 THE PRESIDENT: There is a local 8 fiscal impact note at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect December 1, 2005. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 41. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 608, by Senator Skelos, Senate Print 6831B, an 19 act to amend the Limited Liability Company 20 Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 15. This 24 act shall take effect on the same date and in 25 the same manner as Chapter 767 of the Laws of

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(518) 371-8910 1 2005. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 41. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 773, by Senator Young, Senate Print 7018, an 9 act to amend the Correction Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 41. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 911, by Senator DeFrancisco, Senate Print 21 7218, an act to amend the Penal Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 41. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 949, substituted earlier today by Member of 8 the Assembly Kolb, Assembly Print Number 9 10582, an act to amend the Tax Law. 10 THE PRESIDENT: There is a local 11 fiscal impact note at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 40. Nays, 18 1. Senator Valesky recorded in the negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 986, by Senator Fuschillo, Senate Print 7556A, 23 an act to authorize. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 40. Nays, 6 1. Senator Bonacic recorded in the negative. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 988, by Senator Fuschillo, Senate Print 7563, 11 an act to authorize. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 40. Nays, 19 1. Senator Bonacic recorded in the negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1077, by Senator Little, Senate Print 7751, an 24 act to amend the Civil Service Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 41. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1078, by Senator Little, Senate Print 7757, an 11 act to amend the Civil Service Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 41. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1131, substituted earlier today by Member of 23 the Assembly Peralta, Assembly Print Number 24 10548, an act to amend the Labor Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 41. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1135, by Senator Hannon, Senate Print 2546, an 11 act to amend the Lien Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 42. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1143, by Senator Larkin, Senate Print 5616A, 23 an act to amend the Domestic Relations Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 41. Nays, 6 1. Senator Duane recorded in the negative. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1146, by Senator LaValle, Senate Print 6726, 11 Concurrent Resolution of the Senate and 12 Assembly proposing an amendment to Section 6 13 of Article 5. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Senator Duane, to 17 explain your vote. 18 SENATOR DUANE: Thank you, Madam 19 President. 20 I would be remiss if I didn't point 21 out, while this is an admirable piece of 22 legislation coming before us today, that it 23 does point to the issue that many of those who 24 served in our armed forces either become 25 disabled as a result of their service or that

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(518) 371-8910 1 this is something that happens later on in 2 life. 3 And one of the disabilities that we 4 know happens to people, particularly if they 5 have served in combat, is that they get 6 posttraumatic syndrome. And whether you are 7 in the military or you are a veteran of the 8 military, chances are in that case you're 9 entitled to get psychological counseling as a 10 result of your veterans benefits. 11 But unfortunately, New Yorkers who 12 have not been veterans and who do not have 13 coverage for their mental health care if they 14 have been traumatized don't get the 15 counselling that they need. 16 And that's why we need Timothy's 17 Law, so that every New Yorker and every family 18 in New York is entitled to parity for their 19 mental health services. 20 And this is the last time that we 21 will be together this month, and yet still 22 Timothy's Law has not come to the floor of the 23 Senate for at least a debate. And this is 24 just plain wrong for the families of New York 25 State.

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(518) 371-8910 1 It behooves us to make sure that 2 Timothy's Law come to the floor of the Senate 3 as soon as we get back in the month of June. 4 So, Madam President, I'll be voting 5 yes on this, but I also hope that we use the 6 time that we have off to figure out a way to 7 get a good healthy debate on Timothy's Law to 8 the floor of the Senate. 9 Thank you, Madam President. 10 THE PRESIDENT: You will be 11 recorded as voting in the affirmative on this 12 resolution. 13 The Secretary will announce the 14 results. 15 THE SECRETARY: Ayes, 43. 16 THE PRESIDENT: The resolution is 17 adopted. 18 THE SECRETARY: Calendar Number 19 1164, by Senator Little, Senate Print 734A, an 20 act to amend the Real Property Tax Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 43. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1171, by Senator Maltese, Senate Print 4734, 7 an act to amend the New York State Financial 8 Emergency Act. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 43. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1174, by Senator Spano, Senate Print 6662A, an 20 act to authorize. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 12. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 43. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1175, by Senator Wright, Senate Print 6680, an 7 act to amend the Abandoned Property Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 43. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1176, by Senator Libous, Senate Print 6697A, 19 an act in relation to excess state aid. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 43. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1186, substituted earlier today by Member of 6 the Assembly Sweeney, Assembly Print Number 7 10725, an act to amend the State Finance Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect April 1, 2007. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 44. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1211, by Senator Flanagan, Senate Print 2839, 19 an act to amend the Penal Law and the 20 Correction Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the 90th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 44. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1212, by Senator Maziarz, Senate Print 3336, 7 an act to amend the Penal Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the first of 12 November. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 44. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1218, by Senator Saland, Senate Print 6869, an 20 act to amend the Penal Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 60th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 44. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1239, by Senator Morahan, Senate Print -- 7 SENATOR SKELOS: Lay it aside for 8 the day, please. 9 THE PRESIDENT: The bill is laid 10 aside for the day. 11 THE SECRETARY: Calendar Number 12 1241, by Senator Larkin, Senate Print 70, an 13 act to amend the Vehicle and Traffic Law. 14 THE PRESIDENT: There is a 15 home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 44. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1262, by Senator Meier, Senate Print 4031, an

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(518) 371-8910 1 act to amend the Criminal Procedure Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the first of 6 November. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 44. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1263, by Senator Meier, Senate Print 5241, an 14 act to amend the Family Court Act. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 43. Nays, 22 1. Senator Duane recorded in the negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1479, by Senator Fuschillo, Senate Print 7551, 2 an act to amend the Education Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 44. 10 THE PRESIDENT: The bill is 11 passed. 12 Senator Skelos, that completes the 13 reading of the calendar. 14 SENATOR SKELOS: Madam President, 15 is there any further business at the desk? 16 THE PRESIDENT: No, there is not, 17 Senator. 18 SENATOR SKELOS: There being 19 none, I move we stand adjourned until Monday, 20 June 5th, at 3:00 p.m., intervening days being 21 legislative days. 22 THE PRESIDENT: On motion, the 23 Senate now stands adjourned until Monday, 24 June 5th, at 3:00 p.m., intervening days being 25 legislative days.

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(518) 371-8910 1 (Whereupon, at 11:20 a.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910