Monday, March 19, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 19, 2007 11 3:55 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 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 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 GRIFFO: In the 10 absence of clergy, I ask that all bow in a 11 moment of silent prayer. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT GRIFFO: The 15 reading of the Journal. 16 THE SECRETARY: In Senate, 17 Sunday, March 18, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 March 17, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT GRIFFO: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(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 Skelos. 8 SENATOR SKELOS: Mr. President, 9 there's a privileged resolution at the desk by 10 Senator Bruno. Could we have the title read 11 and move for its immediate adoption. 12 ACTING PRESIDENT GRIFFO: The 13 Secretary will read. 14 THE SECRETARY: By Senator Bruno, 15 Legislative Resolution Number 1031, 16 commemorating Good Joes Day, 2007. 17 ACTING PRESIDENT GRIFFO: On the 18 resolution, all in favor. 19 (Response of "Aye.") 20 ACTING PRESIDENT GRIFFO: 21 Opposed. 22 (No response.) 23 ACTING PRESIDENT GRIFFO: The 24 resolution is adopted. 25 Senator Fuschillo.

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(518) 371-8910 1 SENATOR FUSCHILLO: Thank you, 2 Mr. President. 3 On page number 12 I offer the 4 following amendments to Calendar Number 136, 5 Senate Print Number 2360, and ask that said 6 bill retain its place on Third Reading 7 Calendar. 8 ACTING PRESIDENT GRIFFO: The 9 amendments are received and adopted, and the 10 bill will retain its place on the Third 11 Reading Calendar. 12 SENATOR FUSCHILLO: Mr. 13 President, on behalf of Senator Little, I move 14 that the following bill be discharged from its 15 respective committee and be recommitted with 16 instructions to strike the enacting clause: 17 Senate Print Number 1250. 18 ACTING PRESIDENT GRIFFO: So 19 ordered. 20 SENATOR FUSCHILLO: Thank you. 21 ACTING PRESIDENT GRIFFO: Senator 22 Skelos. 23 SENATOR SKELOS: Mr. President, 24 if we could go to the noncontroversial reading 25 of the calendar.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 18, by Senator Maziarz, Senate Print 42A, an 5 act to amend the Penal Law, in relation to 6 increased penalties. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 51. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 55, by Senator Skelos -- 20 SENATOR SKELOS: Lay it aside 21 temporarily, please. 22 ACTING PRESIDENT GRIFFO: Lay it 23 aside temporarily. 24 THE SECRETARY: Calendar Number 25 161, by Senator Little, Senate Print 1116B, an

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(518) 371-8910 1 act to amend the Penal Law, in relation to 2 providing. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 51. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 198, by Senator Volker, Senate Print 2370, an 16 act to amend the Criminal Procedure Law, in 17 relation to appeals. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Those recorded in

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(518) 371-8910 1 the negative on Calendar Number 198 are 2 Senators Duane and Perkins. 3 Ayes, 53. Nays, 2. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 206, by Senator Young, Senate Print 402, an 8 act to amend the Vehicle and Traffic Law, in 9 relation to designating death investigation 10 vehicles. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 55. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 207, by Senator Marcellino, Senate Print 617, 23 an act to amend the Vehicle and Traffic Law, 24 in relation to increasing the parameters. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. Nays, 9 1. Senator Montgomery recorded in the 10 negative. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 212, by Senator Nozzolio, Senate Print 2079, 15 an act to amend the Highway Law, in relation 16 to designating a portion of the state highway 17 system. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 55.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 215, by Senator Robach, Senate Print 2983, an 5 act to amend the Retirement and Social 6 Security Law, in relation to providing credit. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 56. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 231, by Senator Farley, Senate Print 2746, an 19 act to amend the Banking Law, in relation to 20 unauthorized entities. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 5. This 24 act shall take effect on the 30th day. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 250, by Senator LaValle, Senate Print 2791, an 8 act to amend the Education Law, in relation to 9 establishing. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. 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, 56. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 262, by Senator Rath, Senate Print 2326, an 22 act to amend the Real Property Tax Law. 23 ACTING PRESIDENT GRIFFO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 57. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed. 8 SENATOR SKELOS: Mr. President. 9 ACTING PRESIDENT GRIFFO: Senator 10 Skelos. 11 SENATOR SKELOS: Yes, Calendar 12 Number 55 was laid aside temporarily. If we 13 could bring it up at this time. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 55, by Senator Skelos, Senate Print 640, an 18 act to amend the Penal Law, in relation to 19 possession. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the first of 24 November. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 SENATOR MONTGOMERY: To explain 4 my vote, Mr. President. 5 ACTING PRESIDENT GRIFFO: Senator 6 Montgomery, to explain her vote. 7 SENATOR MONTGOMERY: Yes, 8 Mr. President. I have traditionally -- or at 9 least I have, in the past, voted no on this 10 legislation. 11 And the question and concern that I 12 have is that we are passing a bill which would 13 create a criminal penalty for possession of a 14 so-called disguised knife, but we don't 15 include in this legislation the sale of these 16 items. 17 Now, interestingly enough, the 18 sponsor indicates that these items are sold to 19 youth and adults. So if that is the case and 20 we are concerned about it, why don't we punish 21 the people who sell them along with the people 22 who buy them? 23 So I think that this just does not 24 go far enough. And if we want to remove these 25 items from possession by young people and/or

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(518) 371-8910 1 adults, we should also punish the people who 2 sell them. 3 So I'm going to continue to oppose 4 this legislation. 5 ACTING PRESIDENT GRIFFO: Senator 6 Montgomery recorded in the negative. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 55 are 9 Senators Duane, Maziarz, Montgomery, Perkins, 10 Serrano and Young. 11 Ayes, 54. Nays, 6. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President. 16 ACTING PRESIDENT GRIFFO: Senator 17 Skelos. 18 SENATOR SKELOS: Is there any 19 further business at the desk? 20 ACTING PRESIDENT GRIFFO: There 21 is no further business at the desk. 22 SENATOR SKELOS: There being 23 none, I move we stand adjourned until Tuesday, 24 March 20th, at 3:00 p.m. 25 ACTING PRESIDENT GRIFFO: On

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(518) 371-8910 1 motion, the Senate stands adjourned until 2 Tuesday, March 20th, at 3:00 p.m. 3 (Whereupon, at 4:08 p.m., the 4 Senate adjourned.) 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