Tuesday, March 20, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 20, 2007 11 3:06 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, 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 come to order. 4 We would ask all assembled to join 5 us in reciting the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: In the absence of 9 clergy, we will observe a moment of silence. 10 (Whereupon, the assemblage 11 respected a moment of silence.) 12 THE PRESIDENT: The reading of 13 the Journal. 14 THE SECRETARY: In Senate, 15 Monday, March 19, the Senate met pursuant to 16 adjournment. The Journal of Sunday, March 18, 17 was read and approved. On motion, Senate 18 adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees.

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(518) 371-8910 1 Reports of select committees. 2 Communications and report from 3 state officers. 4 Motions and resolutions. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, I 7 move that we adopt the Resolution Calendar at 8 this time. 9 THE PRESIDENT: All in favor. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed. 12 (No response.) 13 THE PRESIDENT: The Resolution 14 Calendar is adopted. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, I 17 wish to call up Print Numbers 2100B, 2101A, 18 2102A, 2103B, 2105B, 2106B, 2107B, 2109B, and 19 2110B, recalled from the Assembly, which are 20 now at the desk. 21 THE PRESIDENT: There are nine 22 bills, Senator Skelos. The Secretary will 23 read. 24 SENATOR SKELOS: I challenge you 25 to read all of those numbers back, Mr.

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(518) 371-8910 1 President. 2 (Laughter.) 3 THE SECRETARY: Calendar Number 4 297, Senate Budget Bill, Senate Print 2100B, 5 an act making appropriations for the support 6 of government; 7 298, Senate Budget Bill, Senate 8 Print 2101A, an act making appropriations for 9 the support of government; 10 299, Senate Budget Bill, Senate 11 Print 2102A, an act making appropriations for 12 the legal requirements; 13 300, Senate Budget Bill, Senate 14 Print 2103B, an act making appropriations for 15 the support of government; 16 301, Senate Budget Bill, Senate 17 Print 2105B, an act making appropriations for 18 the support of government; 19 302, Senate Budget Bill, 2106B, an 20 act to amend the Civil Service Law and the 21 State Finance Law; 22 303, Senate Budget Bill, Senate 23 Print 2107B, an act to amend the Education 24 Law; 25 304, Senate Budget Bill, 2109B, an

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(518) 371-8910 1 act to authorize funding; 2 And Calendar Number 305, Senate 3 Budget Bill, Senate Print 2110B, an act to 4 amend the Tax Law. 5 THE PRESIDENT: Senator Skelos. 6 SENATOR SKELOS: Mr. President, I 7 now move to reconsider the vote by which these 8 bills were passed. 9 THE PRESIDENT: The Secretary 10 will call the roll on reconsideration. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 38. 13 SENATOR SKELOS: Mr. President, I 14 now move to recommit the bills to the 15 Committee on Rules. 16 THE PRESIDENT: Without 17 objection, the bills will be restored to the 18 Third Reading Calendar. 19 SENATOR SKELOS: Mr. President, 20 if we could go to the noncontroversial reading 21 of the calendar. 22 THE PRESIDENT: The recommitment 23 is so ordered. 24 The Secretary will now conduct the 25 noncontroversial reading of the calendar.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 96, by Senator Saland, Senate Print 1773, an 3 act to amend the Education Law, in relation to 4 streamlining. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 28. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE PRESIDENT: Results. 12 THE SECRETARY: Ayes, 38. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 213, by Senator Robach, Senate Print 1710, an 17 act to amend the Civil Service Law, in 18 relation to requiring annual reports. 19 THE PRESIDENT: The Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 38.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 218, by Senator Skelos, Senate Print 437, an 5 act to amend the Correction Law, in relation 6 to the duty of sex offenders. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 38. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 238, by Senator Flanagan, Senate Print 841, an 18 act to amend the Mental Hygiene Law, in 19 relation to disclosure. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 8. This 23 act shall take effect on the 180th day. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will announce the results. 3 THE SECRETARY: Ayes, 38. Nays, 4 1. Senator Duane recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 245, by Senator Young -- 9 SENATOR SKELOS: Lay it aside 10 temporarily, please. 11 THE PRESIDENT: The bill is laid 12 aside temporarily. 13 THE SECRETARY: Calendar Number 14 246, by Senator LaValle, Senate Print -- 15 SENATOR SKELOS: Please lay it 16 aside temporarily. 17 THE PRESIDENT: The bill is laid 18 aside temporarily by the Acting Majority 19 Leader, Senator Skelos. 20 THE SECRETARY: Calendar Number 21 254, by Senator Leibell, Senate Print 2391, an 22 act to amend the Labor Law, in relation to 23 requiring. 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 on the 180th day. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE PRESIDENT: Results. 6 THE SECRETARY: Ayes, 40. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 289, by Senator Fuschillo, Senate Print 2891, 11 an act to amend the General Business Law, in 12 relation to listing. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 90th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE PRESIDENT: Results. 20 THE SECRETARY: Ayes, 40. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 290, by Senator Robach, Senate Print 2978, an 25 act to amend the Executive Law and the Social

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(518) 371-8910 1 Services Law, in relation to authorizing. 2 THE PRESIDENT: The Secretary 3 will please read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE PRESIDENT: Results. 9 THE SECRETARY: Ayes, 41. 10 THE PRESIDENT: The bill is 11 passed. 12 This is what is commonly referred 13 to in literature and culture as a pregnant 14 pause. 15 (Laughter.) 16 THE PRESIDENT: The Secretary 17 will now read Calendar Number 245. 18 THE SECRETARY: Calendar Number 19 245, by Senator Young, Senate Print 440, an 20 act to amend the Education Law, in relation to 21 requiring disclosure. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 180th day.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 245 are 5 Senators Duane and Huntley. 6 Ayes, 41. Nays, 2. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 246, by Senator LaValle, Senate Print 1244, an 11 act to amend the Education Law, in relation to 12 inclusion. 13 THE PRESIDENT: The Secretary 14 will read the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE PRESIDENT: Results. 20 THE SECRETARY: Ayes, 43. 21 THE PRESIDENT: The bill is 22 passed. 23 That completes the reading of the 24 calendar, Senator Libous. 25 SENATOR LIBOUS: Mr. President,

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(518) 371-8910 1 is there any further business at the desk? 2 THE PRESIDENT: No, there is not, 3 Senator Libous, unless there's something that 4 you would like to disclose to this chamber. 5 SENATOR LIBOUS: Mr. President, 6 in consultation with the Minority Leader, 7 Senator Bruno hands up the following committee 8 changes and asks that they be filed in the 9 Journal, please. 10 THE PRESIDENT: They will be so 11 filed. Thank you, Senator Libous. 12 SENATOR LIBOUS: And, 13 Mr. President, before we adjourn until 14 Wednesday, March 21st, at 11:00 p.m., I would 15 like to remind all the members -- 16 SENATOR DUANE: A.m. A.m. 17 SENATOR LIBOUS: A.m. Did I say 18 p.m.? I just wanted to see if you were 19 listening. 20 Mr. President, they were listening, 21 and I'm quite pleased with that. 22 But I want to remind the members 23 that tomorrow is West Point Day, and we want 24 to start promptly at 11:00 a.m. And if the 25 members could be here promptly, it would be

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(518) 371-8910 1 greatly appreciated, to pay respect to our men 2 and women from the military academy. 3 There being no further business, 4 Mr. President, I think that could be it. 5 THE PRESIDENT: There being no 6 further business, the Senate stands adjourned 7 until tomorrow, March 21st, at 1100 hours. 8 Adjourned. 9 (Whereupon, at 3:17 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910